gracious Pardon of his now Majesty granted to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation Which said Pardon under the Great Seal of England granted the said Duke beareth date the 10. day of February now last past and here is shewn forth unto your Lordships on which he doth most humbly rely And yet he hopeth your Lordships in your Justice and Honor upon which with confidence he puts himself will acquit him of and from those misdemeanors offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch over his actions both publick and private that he shall not give any just offence to any The Duke having put in this Answer earnestly moved the Lords to send to the Commons to expedite their Reply and the Commons did as earnestly desire a Copy of his Answer The next day his Majesty wrote this Letter to the Speaker TRusty and Welbeloved We greet you well Our House of Commons cannot forget how often and how earnestly we have called upon them for the speeding of that Aid which they intended us for our great and weighty affairs concerning the safety and honor of us and our Kingdoms And now the time being so far spent that unless it be presently concluded it can neither bring us Money nor Credit by the time which themselves have prefixed which is the last of this Moneth and being further deferred would be of little use we being daily advertised from all parts of the great preparations of the Enemy ready to assail us We hold it necessary by these our Letters to give them our last and final admonition and to let them know that we shall account all further delays and excuses to be express denials And therefore we will and require you to signifie unto them that we do expect that they forthwith bring in their Bill of Subsidy to be passed without delay or Condition so as it may fully pass the House by the end of the next week at the furthest Which if they do not it will force us to take other resolutions But let them know if they finish this according to our desire that we are resolved to let them sit together for the dispatch of their other affairs so long as the season will permit and after their recess to bring them together again the next Winter And if by their denial or delay any thing of ill consequence shall fall out either at home or abroad We call God and man to witness that We have done our part to prevent it by calling our People together to advise with us by opening the weight of our occasions unto them and by requiring their timely help and assistance in these Actions wherein we stand engaged by their own Councels And we will and command you that this Letter be publickly read in the House About this time there happened at three a clock in the afternoon a terrible storm of Rain and Hail in and about the City of London and with it a very great Thunder and Lightening The graves were laid open in S. Andrews Church-yard in Holborn by the sudden fall of the Wall which brought away the Earth with it whereby many Coffins and the Corps therein were exposed to open view and the ruder sort would ordinarily lift up the lids of the Coffins to see the posture of the dead Corps lying therein who had been buried of the Plague but the year before At the same instant of time there was a terrible Storm and strange Spectacle upon Thames by the turbulencie of the waters and a Mist that arose out of the same which appeared in a round Circle of a good bigness above the waters The fierceness of the Storm bent it self towards York-House the then habitation of the Duke of Buckingham beating against the stairs and wall thereof And at last this round Circle thus elevated all this while above the water dispersed it self by degrees like the smoke issuing out of a Furnace and ascended higher and higher till it quite vanished away to the great admiration of the beholders This occasioned the more discourse among the Vulgar in that Doctor Lamb appeared then upon Thames to whose Art of Conjuring they attributed that which had happened The Parliament was then sitting and this Spectacle was seen by many of the Members out of the windows of the House The Commons agreed upon this ensuing Petition to his Majesty concerning Recusants To the Kings most Excellent Majesty YOur Majesties most obedient and loyal Subjects the Commons in this present Parliament assembled do with great comfort remember the many Testimonies which your Majesty hath given of your sincerity and zeal of the true Religion established in this Kingdom and in particular your gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the Increase of Popery That your Majesty thought fit and would give order to remove from all Places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal cause of that mischief But not having received so full redress herein as may conduce to the peace of this Church and safety of this Regal State They hold it their duty once more to resort to your Sacred Majesty humbly to inform you that upon examination they find the persons underwritten to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the first sitting of the Parliament did remain in places of Government and Authority and Trust in your several Counties of this your Realm of England and Dominion of Wales The Right Honorable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northampton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North-Riding of Yorkshire by sending a Licence under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Helmsley in the said North-Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter-Sessions discharged from keeping an Alehouse because he was a Popish convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollers within the said Mannor of Helmsley that formerly had his Licence to teach Schollers taken from him for teaching Schollers that were the children of Popish Recusants and because he suffered these children to absent themselves from the Church whilest they were his Schollers for which the said Conyers was formerly complained of
kept a footing in his ruined Country The Imperialists laughed to think that the English Garrison should expect Relief by the Orders sent from Spain to Bruxels And when the King had made an offer to sequester the Town of Frankendale into the Infanta's hands upon the same assurance from her which herself had offered before the loss of Manheim which was to restore the place whether a peace with the Emperor or a rupture followed she was fallen away from that proposition and would accept the sequestration only upon a simple trust to render it again at the expiration of eighteen moneths In this state of affairs the King wrote thus to his Ambassador in the Spanish Court. Concerning the unfortunate knotty affair of the Palatinate to say the truth as things now stand we cannot tell what you could have done more then you have already done Moreover he shewed That the reason of his late peremptory Instructions concerning a direct Promise of Restitution was the gross delay at Bruxels while Heidelburgh was taken and Manheim beleaguered As also Gages coming from Rome and in stead of the Dispensation presenting him with new demands to engage him in a Dispute or Treaty with the Pope which he said he never intended Wherefore at the instance and perswasion of his Council he was moved to urge the matter so as to bring it to a sudden period Not but that the precisest of them were always of opinion That if the Match were once concluded the other business would be accommodated to his satisfaction Then was the Ambassador required to stir up that King to use all effectual means for diverting the Translation of the Electorate in the present Diet Likewise to make him an offer of Frankendale by way of sequestration upon condition of restoring it in the case as now it stands whether the Peace succeed or not But in the Diet held at Ratisbone the Emperor declared the Palatine to be the Cause and groundwork of all those Wars and miseries and that the Electorate of this proscribed Enemy being devolved into his hands he had conferred it upon the Duke of Bavaria who in this Cause and service had spent his Treasure and hazarded his blood against his own Nephew the Palsgrave The Protestant Princes desired the Emperor to consider That in so high a Cause as the disposing of an Electorate and so principal a Person in the Colledge of Electors who uncited unheard and without all knowledge of the Cause hath been condemned and against all Equity oppressed by the Publication of the Ban His Imperial Majesty should not have proceeded so rigorously without the advice and consent of the other Electors as was agreed upon in the Capitulation Royal and Fundamental Law of the Empire And since the Diet was called for restoring the Peace of the Empire it were necessary in the first place ro remove the Obstacles those extreme Executions in Bohemia which may make that people desperate and which the Lutheran States following the Augustane Confession have their eyes upon And though it be given out that the severity there exercised is merely for private Justice yet it is so linked with the Publique Cause that unless it be speedily ended and the two Churches in Prague again opened and the free exercise of Religion permitted they can see no sure Peace but desolation and ruine like to follow And for the Prince Palatine seeing he is already sufficiently punished it were commendable in his Imperial Majesty to restore him upon submission to his Lands and Dignities otherwise there is no likelihood of restoring Peace And in transferring the Electorate if it must be so this main thing were to be considered Whether the exclusion of the Palsgrave's person doth exclude his Children who by the providence of their Ancestors before this act of their Father had an hereditary right thereunto Or whether that Prince's Brother or other of the Kindred who have no way offended should be in this case neglected This will be ill resented by the other Electors and Princes allied to the Palatine who have been quiet hitherto upon confidence of the Emperors clemencie But perceiving all hopes of recovering the Electoral Dignity to their Family taken away must needs have recourse to Arms. They further added That the Palatine was young and abused by evil Counsels and no way the Author of the stirrs in Bohemia Wherefore they give their advice That his restoring will quiet the otherwise endless troubles of the Empire and for ever engage him and all his Allies and the whole Electoral Colledge to his Imperial Majesty The Catholick Princes answered That the Palatinate being devolved upon the Emperor he may bestow it according to his own pleasure And that he cannot safely hold any terms of Amity with the Palatine That the impunity of so great an Offender will encourage others to offend And as for by-past sufferings there hath been little difference between his and the Emperors though the Cause were far different And that Mansfeld his General is yet in the Field and prosecutes his Cause by force of Arms. The other Party replied That the security of the Imperial Dignity and the safety of the Empire consisted in the Concord between the Emperor and the Princes Electors And if his Imperial Majesty shall use this rigor the Princes of Lower Saxony are of opinion that there can be no Peace established But this desired Reconciliation will give the Emperor a quiet possession of the Provinces recovered by the aid of the Electors and Princes otherwise there is a fair pretension left for the renewing of the War for that the Palatines Sons and Brother are passed by in the translation of the Electorate and the King of Great Britain cannot but take it ill to see his endeavors produce no better effect but that his onely Daughter and her Children are left in Exile The Emperor takes up the debate and sheweth That before the Ban was published he desired nothing more then that a Diet might be convoked which being impeded by the prosecution of the War he could do no less then publish this Proscription to repress the Palatine which some that now dispute it did then declare to be legal and necessary And this proscribed Enemy he will not restore to the Electoral Dignity nor yet defer to compleat the number of Electors Thus have we good words from Spain and miserable usage from all the rest of the House of Austria Sir Dudley Carlton Ambassador Resident at the Hague assured the Marquis of Buckingham That though the Spanish Ambassador D' Ognat in publique opposed the Emperor in transferring the Electorate yet the judgment generally made upon it was this That it was a meer Patelinage with a secret understanding to abuse King Iames his goodness Likewise the Emperor not content to have chased the Palsgrave out of Germany in the Propositions of the former Diet made this an Article to make War upon the United
remember that in my first Speech unto you for proof of my love to my People I craved your Advice in this great and weighty affair But in a matter of this weight I must first consider how this Course may agree with my Conscience and Honor and next according to the Parable uttered by our Saviour after I have resolved of the Necessity and justness of the Cause to consider how I shall be enabled to raise Forces for this purpose As concerning the Cause of my Children I am now old and as Moses saw the Land of Promise from an high mountain though he had not leave to set his foot in it so it would be a great comfort to me that God would but so long prolong my days as if I might not see the Restitution yet at least I might be assured that it would be That then I might with old Simeon say Nunc dimittis Servum tuum Domine c. Otherwise it would be a great grief unto me and I should die with a heavy and discomforted heart I have often said and particularly in the last Parliament and I shall ever be of that mind That as I am not ambitious of any other mens Goods or Lands so I desire not to enjoy a Furrow of Land in England Scotland or Ireland without Restitution of the Palatinate And in this mind I will live and die But let me acquaint you a little with the Difficulties of this Cause He is an unhappy man that shall advise a King to War and it is an unhappy thing to seek that by Blood which may be had by Peace Besides I think your intentions are not to engage me in War but withal you will consider how many things are requisite thereunto I omit to speak of my own Necessities they are too well known Sure I am I have had the least help in Parliament of any King that ever reigned over you these many years I must let you know that my Disabilities are increased by the Charge of my Son's journey into Spain which I was at for his honor and the honor of this Nation By sending of Ambassadors by maintaining of my Children and by assisting of the Palatinate I have incurred a great Debt to the King of Denmark which I am not able yet to pay The Low-Countries who in regard of their nearness are fittest to help for the Recovery of the Palatinate are at so low an ebb that if I assist them not they are scarce able to subsist The Princes of Germany that should do me any good are all poor weak and disheartned and do expect assistance from hence For Ireland I leave it to you whether that be not a back-door to be secured For the Navy I thank God it is in a better case then ever it was yet more must be done and before it can be prepared as it ought to be it will require a new Charge as well for its own strength as for the securing of the Coasts My Children I vow to God eat no bread but by my means I must maintain them and not see them want In the mean time my Customs are the best part of my Revenues and in effect the substance of all I have to live on All which are farmed out upon that condition That if there be War those Bargains are to be disannulled which will enforce a great defalcation Subsidies ask a great time to bring them in Now if you assist me that way I must take them up beforehand upon credit which will eat up a great part of them This being my Case To enter into War without sufficient means to support it were to shew my teeth and do no more In the mean time I heartily thank you for your Advice and will seriously think upon it as I pray you to consider of those other parts My Treasurer to whose Office it appertains shall more at large inform you of those things that concern my Estate Thus freely do I open my heart unto you And having your hearts I cannot want your helps for it is the heart that openeth the purse not the purse the heart I will deal frankly with you Shew me the Means how I may do what you would have me and if I take a Resolution by your Advice to enter into a War then your selves by your own Deputies shall have the disposing of the Money I will not meddle with it but you shall appoint your own Treasurers I say not this with a purpose to invite you to open your Purses and then to slight you so much as not to follow your Counsel nor engage you before I be engaged my self Give me what you will for my own means but I protest none of the Monies which you shall give for those uses shall be issued but for those ends and by men elected by your selves If upon your offer I shall find the means to make the War honorable and safe and that I resolve to embrace your Advice then I promise you in the word of a King That although War and Peace be the peculiar Prerogatives of Kings yet as I have advised with you in the Treaties on which War may ensue so I will not treat nor accept of a Peace without first acquainting you with it and hearing your advice and therein go the proper way of Parliament in conferring and consulting with you And happily the Conditions of Peace will be the better when we be prepared for War according to the old Proverb That Weapons bode Peace Your kind carriage gives me much content And that comforts me which my Lord of Canterbury said That there was not a Contrary voice amongst you all like the Seventy Interpreters who were led by the breath of God I am so desirous to forget all rents in former Parliaments that it shall not be in my default if I am not in love with Parliaments and call them often and desire to end my life in that entercourse between me and my people for the making of good Laws reforming of such Abuses as I cannot be well informed of but in Parliament and maintaining the good Government of the Commonwealth Therefore go on cheerfully and advise of these Points and my Resolution shall then be declared Hereupon the House of Commons immediately took into consideration the matter of Supply And Sir Edward Sackvile afterwards Earl of Dorset spake thus to that Subject SInce Supply unto his Majesty is now in question of which I hope there will be no question I humbly ask leave of this Honorable Assembly to speak my Opinion assuring you That when a Treaty of Grievances shall be on foot it shall appear I will not sit silent if I find my self able to say any thing that may lend a hand to unload my Country of that heavy burthen it now groans under by reason of the innumerable number of Monopolies which like so many Incubusses and Succubusses exhaust the Vital spirits and so press down those Parts which ought to enjoy
lending of the Ships and received fair Answers from them both But the King sent an express and strict Order to Pennington requiring him without delay to put his former Command in Execution for the consigning of the Ship called the Vantguard with all her furniture into the hands of the Marquess D' Effiat assuring the Officers of the Ships that he would provide for their Indempnity and further commanding him to require the Seven Merchants Ships in his name to put themselves into the Service of the French King and in case of backwardness or refusal to use all means to compel them thereunto even to their sinking Upon this Pennington went back to Deep and put the Vantguard into the absolute Power and Command of the French King to be employed in his Service at pleasure and commanded the rest of the Fleet to the like Surrender At the first the Captains Masters and owners refused to yield weighed Anchor and were making away but when Pennington shot they came in again but Sir Ferdinando Gorge came away with the Ship called the Neptune The Companies unanimously declined the Service and quitted the Ships all but one Man who was a Gunner and Pennington hasted to Oxford where the Parliament was Reassembled but as was voiced was there concealed till the Parliament was dissolved On the First of August the Parliament Reassembled at Oxford whether the news of the Ships lent to the French against the besieged Rochellers did quickly flie and exasperate the spirit of that great Assembly against the Duke of Buckingham The Grievances insisted upon were the mis-spending of the Publick Treasure the neglect of guarding the Seas insomuch that the Turks had leisure to land in the Western parts and carry away the Subjects Captives The Commons appointed a Committee to consider of secret Affairs and to examine the Disbursements of the Three Subsidies and the Three Fifteens given to King Iames for the Recovery of the Palatinate and they prepared to assault the Duke Also Mr. Richard Montague was summoned to appear according to the Condition of his Bond and a Committee was appointed to proceed in the further Examination of that business Mr. Montagues Cause was recommended to the Duke by the Bishops of Rochester Oxford and St. Davids as the Cause of the Church of England They shew that some of the Opinions which offended many were no other then the resolved Doctrine of this Church and some of them are curious Points disputed in the Schools and to be left to the liberty of Learned Men to abound in their own sense it being the great fault of the Council of Trent to require a Subscription to School Opinions and the approved Moderation of the Church of England to refuse the apparent Dangers and Errors of the Church of Rome but not to be over-busie with Scholastical Niceties Moreover in the present case they alleage that in the time of Henry the Eighth when the Clergy submitted to the Kings Supremacy the Submission was so resolved That in case of any difference in the Church the King and the Bishops were to determine the Matter in a National Synod and if any other Judge in Matters of Doctrine be now allowed we depart from the Ordinance of Christ and the continual practice of the Church Herewithal they intimated That if the Church be once brought down below her self even Majesty it self with soon be impeached They say further That King Iames in his rare wisdom and judgment approved all the Opinions in this Book and that most of the contrary Opinions were debated at Lambeth and ready to be published but were suppressed by Queen Elizabeth and so continued till of late they received countenance at the Synod of Dort which was a Synod of another Nation and to us no ways binding till received by Publick Authority And they affirm boldly That they cannot conceive what use there can be of Civil Government in the Common-wealth or of External Ministry in the Church if such fatal Opinions as some are which are opposite to those delivered by Mr. Montague be publickly taught and maintained Such was the Opinion of these forenamed Bishops but others of Eminent Learning were of a different Judgment At Oxford in a late Divinity Disputation held upon this Question Whether a Regenerate Man may totally and finally fall from Grace The Opponent urging the Appeal to Caesar the Doctor of the Chair handled the Appellator very roughly saying He was a meer Grammarian a Man that studied Phrases more then Matter That he understood neither Articles nor Homilies or at least perverted both That he attributed he knew not what vertue to the sign of the Cross Dignus Cruce qui asserit and concluded with an Admonition to the Juniors That they should be wary of reading that and the like Books On the Fourth of August the Lords and Commons were commanded to attend his Majesty in Christs-Church Hall in Oxford where he spake unto them in manner following MY Lords and you of the Commons We all remember that from your Desires and Advice my Father now with God brake off those two Treaties with Spain that were then in hand Well you then foresaw that as well for regaining my dispossessed Brothers Inheritance as home defence a War was likely to succeed and that as your Councils had led my Father into it so your assistance in a Parliamentary-way to pursue it should not be wanting That aid you gave him by Advice was for succor of his Allies the guarding of Ireland and the home part supply of Munition preparing and setting forth of his Navy A Council you thought of and appointed for the War and Treasurers for issuing of the Moneys And to begin this Work of your Advice you gave Three Subsidies and as many Fifteens which with speed were levied and by direction of that Council of War in which the preparation of this Navy was not the least disbursed It pleased God at the entrance of this Preparation by your Advice begun to call my Father to his Mercy whereby I entred as well to the care of your Design as his Crown I did not then as Princes do of Custom and Formality Reassemble you but that by your further Advice and Aid I might be able to proceed in that which by your Counsels my Father was engaged in Your love to me and forwardness to further those Affairs you expressed by a Grant of Two Subsidies yet ungathered although I must assure you by my self and others upon credit taken up and aforehand disbursed and far short as yet to set forth that Navy now preparing as I have lately the estimate of those of care and who are still employed about it whose particular of all expences about this preparation shall be given you when you please to take an accompt of it His Majesty having ended his Speech commanded the Lord Conway and Sir Iohn Cook more particularly to declare the present state of Affairs which
Majesty will be likewise pleased strictly to command all your Iudges and Ministers of Iustice Ecclesiastical and Temporal to sée the Laws of this Realm against Popish Recusants to be duly executed And namely that the Censure of Excommunication be declared and certified against them and that they be not absolved but upon publick satisfaction by yielding to Conformity Answ. His Majesty leaves the Lawes to their Course and will order in the point of Excommunication as is desired X. That your Majesty will be pleased to remove from places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State to be justly suspected Answ. This his Majesty thinks fit and will give order for it XI That present order be taken for disarming all Popish Recusants legally convicted or justly suspected according to the Laws in that behalf and the Orders taken by his late Majesties Privy-Council upon reason of State Answ. The Laws and Acts in this Case shall be followed and put in due execution XII That your Majesty be also pleased in respect of the great resort of Recusants to and about London to command forthwith upon pain of your indignation and severe execution of the Laws that they retire themselves to their several Countries there to remain confined within Five miles of their places Answ. For this the Laws in force shall be forthwith executed XIII And whereas your Majesty hath strictly commanded and taken order that none of the natural born Subjects repair to the hearing of Masses or other Superstitious Service at the Chappels or Houses of Foreign Ambassadors or in any other places whatsoever we give your Majesty most humble thanks and desire that your Order and Commandment therein may be continued and observed and that the Offenders herein may be punished according to the Laws Answ. The King gives assent thereto and will see that observed which herein hath been commanded by him XIV That all such Insolencies as any that are Popishly affected have lately committed or shall hereafter commit to the dishonor of our Religion or to the wrong of the true Professors thereof be exemplarily punished Answ. This shall be done as is desired XV. That the Statute of 1 Eliz. for the payment of Twelve-pence every Sunday by such as shall be absent from Divine service in the Church without a lawfull excuse may be put in due execution the rather for that the penalty by Law is given to the poor and therefore not to be dispenced withal Answ. It is fit that this Statute be executed and the Penalties shall not be dispenced withal XVI Lastly That your Majesty would be pleased to extend your Princely care also over the Kingdom of Ireland that the like courses may be there taken for the restoring and establishing of true Religion Answ. His Majesties cares are and shall be extended over the Kingdom of Ireland and he will do all that a Religious King should do for the restoring and establishing of true Religion there And thus most gracious Soveraign according to our duty and zeal to God and Religion to your Majesty and your safety to the Church and Common-wealth and their peace and prosperity we have made a faithfull Declaration of the present Estate the causes and remedies of this increasing disease of Popery humbly offering the same to your Princely care and wisdom The Answer of your Majesties Father our late Soveraign of famous memory upon the like Petition did give us great comfort of Reformation but your Majesties most gracious promises made in that kinde do give us confidence and assurance of the continual performance thereof In which comfort and confidence reposing our selves we most humbly pray for your Majesties long continuance in all Princely felicity The Petition and Answer being read it was further intimated to the Commons That as his Majesty took well their minding him of the care of Religion so he would have done and granted the same things though they had never petitioned him neither doth he place his Answer to this Petition as a wheel to draw on other affairs and designs but he leaves them to move in their own Sphere and what he hath done in this particular comes from these two Fountains Conscience and Duty to his Father who in his last speech recommended unto him the Person but not the Religion of his Queen At the same time the Duke signified to both Houses that by the Kings command he was to give an account of the Fleet and the preparations thereof and said that the first and last time he had the happiness to speak in that Auditory it was of the Spanish Treaty and then he was so happy as to be honored and applauded by both Houses of Parliament and he made no question but speaking now with the same heart he should be no less acceptable to them And he made this request to the House of Commons to believe that if any hath spoken or shall speak in discharge of his conscience his zeal of Reformation any thing which may seem to reflect upon some particular persons he shall be the last man that will apply this to himself because he is confidently assured of two things first that they are just not to fall upon him without cause and secondly that himself shall do nothing that unbecomes a faithfull Englishman And for the Method of his ensuing Discourse he chose rather to speak by way of Objection and Answer then in one continued Speech as a speedier means to give the Commons satisfaction Object 1. By what Counsel those Designs and Actions of War were carried and enterprised Answ. By the Counsel of the Parliament appointed according to the Act of both Houses the 23. of March 1623. by those Counsels his Majesty was guided and applied himself accordingly for the defence of the Realm the securing of Ireland the assisting of our Neighbors and others our Friends and Allies and for the setting forth the Navy-Royal His Majesty looking into his purse saw enough to do all the former Actions but not this latter For when he came to consider of the Navy there was neither money nor preparations yet looking upon the Affairs of Christendom he found that of most necessity Hereupon his Majesty of famous memory did him viz. the Duke the honor as to write from Newmarket to him at London a Letter to this effect That looking into the Affairs of Christendom he found it necessary that a Royal-Fleet shouâ—d be prepared and set in readiness but that he had no Money wherefore himself meaning the Duke and his Friends must begin to lay it out and no doubt but others would follow and by this means the King might lie the longer concealed and undiscovered in the Enterprise as bearing the name of the Subject onely and other Princes in hope to draw him on would sooner come to the business Upon this Letter the Duke said he leaped into the Action with all alacrity and
to confirm an Agreement between the King and the Copy-holders of Macclesfield in Com. Cestr. c. 9. An Act for he settlement of an Agreement of the Tenants of Chelvenham and Ashby alias Charleton between the King and Sir Giles Grival Knight The Parliament being dissolved the King followed his Design of War and resolved that the Fleet should speedily put out to Sea he also entered into a League with the United-Provinces against the Emper or and King of Spain for restoring the Liberties of Germany the States by their Ambassadors sought this Union and the Duke of Buckingham with the Earl of Holland were sent to the Hague to conclude the same as also to comfort the Kings distressed Sister with hopes of a Restitution Soon after his Majesty issued forth a Proclamation whereby he commanded the return within limitted time of all such children of Noblemen and others his natural Subjects who were now breeding up in Schools and Seminaries and other houses of the Popish Religion beyond the Seas That their Parents Tutors and Governors take present order to recal them home and to provide that they return by the day prefixt at the utmost severity of his Majesties Justice and he commanded further That no Bishop Priest or any other person having taken Orders under any Authority derived from the Sea of Rome do presume to confer Ecclesiastical Orders or exercise Ecclesiastical Function or Jurisdiction towards any of his natural Subjects in any of his Dominions and that all Statutes in force be put in due execution against Jesuites Seminaries and others in Popish Orders prefixing a day for their departure out of his Dominions not to return again upon the severest penalties of the Law In the time of the late King very many of the natural Subjects of these Dominions had by publick permission betaken themselves to the service of the Emperor the King of Spain and Archdutchess of the Low-Countries and by this means they fought against others of their Country-men that were imployed by the States of the United-Provinces and on the behalf of the exiled Palatine But now the King foreseeing how improper and unnatural it were that his own natural Subjects should upon any occasion or accident draw their swords one against the other or any of them against their own Soveraign did by advice of his Privy-Council straitly command all those his Subjects who were under the pay of the Emperor the King of Spain or Archdutchess speedily to return to their Native Countries where they should be received and imployed as occasion served according to their several qualities The dissolution of the Parliament preventing the Act of Subsidies the King drew Supplies from the people by borrowing of persons able to lend such competent sums of money as might discharge the present occasions accordingly he directed Letters of the following Tenor to the Lords-Lieutenants of the Counties Right Trusty and Welbeloved c. IT hath been so usual a thing for Kings and Princes of this Realm to make use of their Subjects good affections by borrowing some such competent Sums of Money of Persons able to lend as might supply those present occasions for Publick Service which cannot attend that length of time wherein it can be raised by contribution by the generality of our Sujects As we have not onely present occasion to make the like Trial by borrowing from some private Gentlemen and others but also of your sincerity and endeavors in furtherance of the service that is to say in taking some course either out of your own knowledg and experience or by any other Means or Instruments which you like best to make Collection of as many Persons Names within the County wherein you are Lieutenant as may be of ability to furnish us with several Sums at this time and therefore to return in a Book both the Names of the Persons their Dwellings and what Sums you think they may spare that we may thereupon direct our Privy-Seals unto them according to the form of this inclosed And for your further instruction in this Case on whose Trust we do so much repose we wish you to advise herein with your Deputy Lieutenant as those from whom we have special cause to promise our selves all good Offices of duty and affection To which we must add thus much further That we do not intend at this time to deal with any Nobleman neither are you to deal with any of the Clergy because we have reserved that Direction to the Metropolitans of the several Provinces to proceed onely with some special persons that are known to be men of wealth and ability and not meerly subsisting upon those Livings which in most places are far inferior to that Maintenance we could wish them By which course and consideration of ours though you may perceive how much we desire to procure this Loan without inconvenience to any which is only intended for the service of the Publique yet must we assure you that we had no greater cause at any time then now to make use of your integrity and industry in respect of your election of the Lenders and of your constant demonstration both of diligence and affection to the service Having now delivered unto you as much as for the present can be expected from us We will refer you for any further direction unto our Privy-Council as hereafter occasion shall require To whom our pleasure is you do return your Certificates in manner and form as is aforesaid at the most within Twenty days after the Receipts of these our Letters Given at c. The Comptroller of the Kings Houshold by the Councils Order issued forth Letters in the Kings name under the Privy-Seal to the several persons returned for the Loan of Money in form as followeth Trusty and Welbeloved c. HAving observed in the Presidents and Customs of former Times that all the Kings and Queens of this Realm upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects or to the private helps of some well-affected in particular by way of Loan In the former of which courses as we have no doubt of the love and affection of our People when they shall again assemble in Parliament so for the present we are enforced to proceed in the latter course for supply of some portions of Treasure for divers Publick services which without manifold inconveniences to us and our Kingdoms cannot be deferred And therefore this being the first time that we have required any thing in this kind we doubt not but we shall receive such a testimony of your good affection from you amongst other of our Subjects and that with such alacrity and readiness as may make the same so much the more acceptable especially seeing we require but that Sum which few men would deny a Friend and have a mind resolved to expose all our Earthly fortune for preservation of the General The Sum which we
Lordships according to the unanimous Advice of all the Iudges of England and his Majesties pleasure signified therein That the First Article propounded viz. You shall do all your pain and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within in your Bayliwick from time to time to all your power and assist and be helping to all Ordinaries and Commissioners of the Holy Church and favor and maintain them as oftentimes as you shall be required shall be left out in the Oath to be given to Sir Edward Cook and shall ever hereafter be left out in all Oaths to be given to the High Sheriffs of Counties hereafter And their Lordships do likewise Order according to the unanimous Advice of all the Iudges of England That the other thrée Articles doubted of shall stand in the said Oath to be ministred to the said Sir Edward Cook and to all other High Sheriffs as heretofore hath béen accustomed and that the Lord Keeper do give order to such Officers and Clerks in the Court of Chancery to whom it appertained to make out the Oath for the time to come according to present Order The expectation of a Parliament gave encouragement to the Bishop of Lincoln who yet retained the name of Lord Keeper notwithstanding his Sequestration several moneths before from the presence of the King the Council Table and the custody of the Seal to make an Address to his Majesty for a favorable interpretation of his actions But his carriage towards the Duke at the Parliament at Oxford was fresh in memory where the Bishop told the Duke in Christ-Church upon the Dukes rebuking him for siding against him That he was engaged with William Earl of Pembroke to labor the Redress of the Peoples Grievances and was resolved to stand upon his own Legs If that be your resolution said the Duke Look you stand fast and so they parted and shortly after that he was sequestred though the Seal was not disposed from him till the Thirtieth of October at which time it was given to Sir Thomas Coventry at Hampton-Court who was that day sworn of the Privy Council and sate there and sealed some Writs and afterwards came to the Term at Reading and sate there as Lord Keeper and heard Causes The King being pressed with his own Necessities and the Cry of the Nation against the Fruitless Voyage of Cadiz summoned a Parliament to meet in February and before the time of meeting his Majesty enjoyned the Archbishops and Bishops in both Provinces to proceed against Popish Recusants by Excommunication and other Censures of the Church and not to omit any lawful means of bringing them to Publick Justice especially he recommended to their vigilant care the unmasking and repressing of those who were not professed Papists yet disaffected to the true Religion and kept close their evil and dangerous affection and by secret means and slights did encourage and advance the growth of Popery This Command was seconded by a Proclamation requiring That all Convicted Papists should according to the Laws of this Realm remain confined to their dwelling places or within five miles thereof unless upon special Licences first obtained in Cases necessary Immediately before the Parliament Bishop Laud procured the Duke of Buckingham to sound the King concerning the Cause Books and Tenets of Mr. Richard Montague and understanding by what the Duke collected That the King had determined within himself to leave him to a Tryal in Parliament he said I seem to see a Cloud arising and threatning the Church of England God for his Mercy dissipate it About the same time the King declared his purpose to celebrate the Solemnity of his Coronation on Candlemas-day at the Palace of Westminster and required all persons who by reason of their Offices and Tenures were bound to perform any Duties at the Solemnitie to give their attendance and to be furnished in all respects answerable to an action of so high State according to their places and dignities Wherefore by a Commission under the Great Seal of England Sir Thomas Coventry Lord Keeper of the Great Seal Iames Lord Say High Treasurer of England Edward Earl of Worcester Keeper of the Privy Seal Thomas Earl of Arundel and Surrey Earl Marshal of England William Earl of Pembroke Lord High Chamberlain Edward Earl of Dorset and Sir Randol Crew Cheif Justice of the Common Pleas were authorised to receive and determine the Claims exhibited by any Person concerning Services to be performed at the approaching Coronation And the more to credit the Solemnity the King resolving to make certain of his Servants and other Subjects in regard of their Birth good Service and other Qualities Knights of the Bath Authorised Thomas Earl of Arundel and Surrey and Earl Marshal of England William Earl of Pembroke Lord Chamberlain to perform in his Majesties Name and behalf all the Rites and Ceremonies belonging thereto At the same time Writs were directed to all Sheriffs in the Realm of England and Dominions of Wales commanding them to make Proclamation That all such as had Forty pounds a year or more of Lands or Revenues in their own hands or the hands of Feoffees for their use for the space of Three years and are not yet Knights do at their perils prepare to present themselves in his Majesties Presence by the One and thirtieth of Ianuary to receive the Order of Knighthood Upon the asswaging of the great Pestilence through the Mercy and Goodness of God in withdrawing and almost removing the Scourge the King by His Royal Authority ordained a Publick and General Thanksgiving to be celebrated upon the Nine and twentieth of Ianuary being the Lords day in the Cities of London and Westminster and the places adjacent and on the Nineteenth of February in all other places of the Kingdom the manner and form whereof was prescribed by a Book composed by the Bishops according to his Majesties special Direction The Contagion ceasing the restraint enjoyned to the Citizens of London from resorting to Fairs for a time was taken off The number of those that died this year within and without the Walls of the City of London and in the Liberties and Nine out Parishes from the Sixteenth of December 24. to the Fifteenth of December 25. Was in Total Fifty four thousand two hundred sixty and five whereof of the Plague Thirty five thousand four hundred and seventeen On Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
as of the common Cause we shall not need to tell them with what care and patience we have in the middest of our Necessities attended their Resolutions but because their unseasonable slowness may produce at home as ill effects as a Denial and hazard the whole Estate of things abroad we have thought fit by you the Speaker to let them know that without more loss of time we look for a full and perfect Answer of what they will give for our Supply according to our expectation and their promises wherein as we press for nothing beyond the present state and condition of our Subjects so we accept no less then is proportionable to the greatness and goodness of the Cause neither do we press them to a present Resolution in this with a purpose to precipitate their Counsels much less to enter upon their Priviledges but to shew that it is unfit to depend any longer upon uncertainties whereby the whole weight of the Affairs of Christendom may break in upon us upon the sudden to our dishonor and the shame of this Nation And for the business at home we command you to promise them in our Name that after they have satisfied us in this our reasonable Demand we shall not onely continue them together at this time so long as the season will permit but call them shortly again to perfect those necessary businesses which shall be now left undone and now we shall willingly apply â—it and seasonable remedies to such just Grievances which they shall present unto us in a dutifull and mannerly way without throwing an ill odor upon our present Government or upon the Government of our late blessed Father and if there be yet who desire to finde fault we shall think him the wisest reprehendor of errors past who without reflecting backward can give us counsel how to settle the present estate of things and to provide for the future safety and honor of the Kingdom The Heads of Sir Richard Westons Message for drawing a more speedy resolution from the House besides that formerly understood concerning the King of Denmark Count Mansfield and his Majesties Army in the Low-Countries were these I. THat his Majesties Fleet being returned and the victuals spent the men must of necessity be discharged and their wages paid or else an assured mutiny will follow which may be many wayes dangerous at this time II. That his Majesty hath made ready about forty ships to be set forth on a second voyage to hinder the Enemy which want onely victuals and some men which without present supply of money cannot be set forth and kept together III. That the Army which is appointed in every Coast must presently be disbanded if they be not presently supplied with victuals and clothes IV. That if the Companies of Ireland lately sent thither be not provided for instead of defending that Country they will prove the Authors of Rebellion V. That the season of providing healthfull victuals will be past if this Moneth be neglected And therefore his Majesty commanded me to tell you that he desired to know without futher delaying of time what supply you will give him for these his present occasions that he may accordingly frame his course and counsel Which Message produced this Answer from the Commons Most gracious Soveraign YOur Majesties Dutifull and Loyal Subjects the Commons now assembled in Parliament in all humility present unto your Royal wisdom this their Loyal Answer to the Message which your Majesty was pleased by the Chancellor of your Exchequer to send unto them desiring to know without any further deferring of time what Supply they would give to your Majesty for your present and extraordinary occasions that you might accordingly frame your Courses and Counsels First of all they most humbly beseech your Majesty to know and rest assured That no King was ever dearer to his people then your Majesty no people more zealous to maintain and advance the Honor and Greatness of their King then they which as upon all occasions they shall be ready to express so especially in the Support of that Cause wherein your Majesty and your Allies are now justly engaged And because they cannot doubt but your Majesty in your great wisdom even out of Justice and according to the Example of your most famous Predecessors will be pleased graciously to accept the faithfull and necessary Information and Advice of your Parliament which can have no end but the service of your Majesty and safety of your Realm in discovering the Causes and proposing the Remedies of these great Evils which have occasioned your Majesties Wants and your Peoples Grief They therefore in confidence and full assurance of Redress therein do with one consent propose though in former time such Course hath been unused that they really intend to assist and supply your Majesty in such a way and in so ample a measure as may make you safe at home and feared abroad for the dispatch whereof they will use such diligence as your Majesties pressing and present occasions shall require His Majesty makes this Reply to the Commons Answer Mr Speaker THe Answer of the Commons delivered by you I like well of and do take it for a full and satisfactory Answer and I thank them for it and I hope you will with all Expedition take a Course for performance thereof the which will turn to your own good as well as mine but for your Clause therein of presenting of Grievances I take that but for a Parenthesis in your Speech and not a Condition and yet for answer to that part I will tell you I will be as willing to hear your Grievances as my Predecessors have been so that you will apply your selves to redress Grievances and not to enquire after Grievances I must let you know that I will not allow any of my Servants to be questioned amongst you much less such as are of eminent place and neer unto me The old question was What shall be done to the man whom the King will honor but now it hath been the labor of some to seek what may be done against him whom the King thinks fit to honor I see you specially aim at the Duke of Buckingham I wonder what hath so altered your affections towards him I do well remember that in the last Parliament in my Fathers time when he was an Instrument to break the Treaties all of you and yet I cannot say all for I know some of you are changed but yet the House of Commons is alwayes the same did so much honor and respect him that all the honor conferred on him was too little and what he hath done since to alter or change your mindes I wot not but can assure you he hath not medled or done any thing concerning the Publick or Commonwealth but by special directions and appointment and as my Servant and is so far from gaining or improving his Estate thereby that I verily think he hath rather
that publick Trust reposed in him when the Proxies were deposited in his hands with publick and legal Declaration with an instrument by a Secretary of State to the King of Spain leading and directing the use of them and the same being then instrumentum stipulatum wherein as well the King of Spain was interessed by the acceptation of the substitution as the Prince by granting of the Proxies he could not in honesty fail the publick Trust without clear and undoubted warrant which as soon as he had he obeyed So as the Case standing thus the said Earl is very confident that the supposed Countermands Directions and Restrictions when they should be perused and considered of will appear to have been very slender and insufficient warrant against the aforesaid Orders and Reasons before specified And is also as confident That what is assured out of his the said Earls Dispatches will also appear to be misunderstood and that if he had proceeded to the execution of the Desponsories before he received direct and express commandment to the contrary by the aforesaid Letters November 13. 1623. which he readily and punctually obeyed he had not under favor broken his Instructions or deserved any blame for lack of assurance of the restitution of the Palatinate and Temporal Articles And first of the Palatinate his said Majesty did not send to the said Earl express Directions not to dispatch the Desponsories until a full conclusion were had of the other Treaty of the Palatinate together with that of the Marriage as by the said Article is alledged onely his late Majesty by the aforesaid Letters of October 8. required the said Earl so to endeavor that his Majesty might have the joy of both at Christmas Whereas his Instructions of May 14. 1621. were express that he should not make the business of the Palatinate a condition of the Marriage And his late Majesties Letters of December 30. 1623. were fully to the same effect Yet did the said Earl according to what was intimated by the said Letters of October 8. so carefully provide therein as that before the Proxies were to be executed he had an absolute answer in the business of the Palatinate the same should be really restored according to his late Majesties desire and the Conde Olivarez both in his Majesties name and in his own desired the said Earl and Sir Walter Aston that they would assure his Majesty of the real performance of the same and intreated if need were they should engage their honor and life for it as by their joynt Dispatches of November 23. 1623. will appear and so much the said Sir Walter Aston and the said Earl agreed should be delivered to them in writing before they would have delivered their Proxies and so the said Earl declared it the which Answer in writing should have been the same which since was given them of Ianuary 8. 1623. And both Sir Walter Aston and the said Earl were confident therein as they by their said Letters of November 23. wrote to his late Majesty as followeth Viz. That his Majesty might according to his desire signified to the said Earl by his Letters of October 8. give as well to his Majesties Daughter that Christmas the comfortable news of the expiring of her great troubles and sufferings as to his Son the Prince the Congratulation of being married to a most worthy and excellent Princess By which it will evidently appear he meant not to leave the business of the Palatinate loose when he intended to proceed to the Marriage but he confessed that he was ever of opinion that the best pawn and assurance his late Majesty could have of the real proceedings of the Palatinate was That they proceeded really to the effecting of the Match and of the same opinion was his late Majesty also and the Lords Commissioners here in England as appeareth by his Instructions dated March 14. 1621. which opinion still continued in them as appeareth by his late Majesties Letters of Ianuary 7. 1622. And as for the Temporal Articles the said Earl saith when the Desponsories were formerly appointed to have been as he remembreth on Friday August 29. before the departure of his Majesty then Prince out of Spain which was onely hindred by the not coming of the Dispensation the Prince appointed him and Sir Walter Aston to meet with the Spanish Commissioners and they drew up the heads of the Temporal Articles wherewith the Prince and the Duke of Buckingham were acquainted and in case the Dispensation had come and the Desponsories been performed on that day there had been no other provision made for them before the Marriage but presently upon the Prince his departure he the said Earl caused them to be drawn into form and sent them to his late Majesty September 27. 1623. desiring to understand his Majesties pleasure with all speed especially if he disapproved any thing in them but never received notice of any dislike thereof until the aforesaid Letters of November 13. 1623. which put off the Desponsories So as it appeareth the said Earl was so far from breaking his Instructions or from having any intention to have proceeded to the execution of the Desponsories before his Majesty and the Prince were satisfied of this point of the Infanta entring into Religion or before convenient assurance as well for the restitution of the Palatinate as performance of the Temporal Articles that he deserveth as he conceiveth under favor no blame so much as in intention but if he had erred in intention onely as he did not the same being never reduced into Act the Fault as he conceiveth was removed by his obedience before the intention was put into execution For so it is in Cases towards God And as to the matter of aggravation against him that he appointed so short a time for the Desponsories as that without extraordinary diligence the Prince had been bound he thereto saith as he said before that he set no day at all thereunto nor could defer it after the Dispensation came from Rome without a direct breach of the Match so long labored in and so much desired yet he and Sir Walter Aston having used all possible industry to discover how the motion of deferring the Match would be taken and finding an absolute resolution in the King of Spain to proceed punctually and to require the Proxies according to the Capitulations within ten dayes after the coming of the Dispensation and that time also getting advertisement from Rome that the Dispensation was granted and would presently be there he the said Earl to the end in so great a Cause he might have a clear and undoubted understanding of his late Majesties pleasure sent a Dispatch of November 1. with all diligence unto his Majesty letting his Majesty know that it could not be possible for him to protract the Marriage above four dayes unless he should hazard the breaking for which he had no warrant But that this was no new Resolution nor the
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
in the Book-Case in the Third year of Edw. 3. which was here urged cannot be proved to be in Parliament time and this the Lords of the Grand-Committee thought fit to offer to the consideration of the House Hereupon the House was moved to give power to the Lords Sub-Committees for Priviledges c. to proceed in the search of Presidents of the Commitment of a Peer of this Realm during the time of Parliament and that the Kings Council might shew them such Presidents as they have of the said Commitment And that the said Sub-Committee may make the Report unto the House at the next access All which was granted and agreed unto and these Lords were called unto the said Sub-Committee viz. The Lord Treasurer Lord President Duke of Buckingham Earl of Dorset Earl of Devon The Earl of Clare The Vicount Wallingford Vicount Mansfield Lord North. And the Kings Council were appointed to attend the Lords The Lord President reported the Proceedings of the said Sub-Committees for Priviledges c. upon Commitment of the Earl of Arundel viz. That the Kings Council had searched and acquainted the Lords Sub-Committees with all that they had found in Records Chronicles and Stories concerning this matter Unto which the said Lords Sub-Committees had given full Answer and also shewed such Presidents as did maintain their own Rights The Presidents being read which for the length we forbear to mention It was resolved upon the Question by the whole House Nemine dissentiente That the Priviledge of this House is That no Lord of Parliament the Parliament sitting or within the usual times of Priviledges of Parliament is to be imprisoned or restrained without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace And it was thereupon ordered That the said Lords Sub-Committees for Priviledges c. or any five of them shall meet this afternoon to consider of a Remonstrance and Petition of the Peers concerning the Claim of their Priviledges from Arrests and Imprisonments during the Parliament Which was conceived by the Lords Sub-Committees for Priviledges according to the Order of the House and was read openly viz. May it please your Majesty WE the Péers of this your Realm assembled in Parliament â—inding the Earl of Arundel absent from his place that sometimes in this Parliament sate amongst us his presence was therefore called for But thereupon a Message was delivered unto us from your Majesty by the Lord Kéeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and had no relation to matters of Parliament This Message occasioned us to enquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in any dutiful respect to your Majesty and yet preserve our right and priviledge of Parliament And after diligent search both of all Stories Statutes and Records that might inform us in this case We find it to be an undoubted right and constant priviledge of Parliament That no Lord of Parliament the Parliament sitting or within the usual times of Priviledge of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason or Felony or for refusing to give Surety for the Peace And to satisfie our selves the better we have heard all that could be alleaged by your Majesties Council learned at the Law that might any way weaken or infringe this claim of the Peers And to all that can be shewed or alleaged so full satisfaction hath been given as that all the Peers of Parliament upon the Question made of this Priviledge have una voce consented That this is the undoubted Right of the Peers and hath unviolably been enjoyed by them Wherefore we your Majesties Loyal Subjects and humble Servants the whole body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted with your gracious favor to come sit and serve your Majesty and the Commonwealth in the great Affairs of this Parliament And we shall pray c. This Remonstrance and Petition to this Majesty was approved by the whole House who agreed that it should be presented by the whole House to his Majesty and it was further agreed That the Lord President the Lord Steward the Earl of Cambridge and the Lord Great-Chamberlain should presently go to the King to know his Majesties pleasure when they shall attend him These Lords returning the Lord President reported that his Majesty had appointed that day between two and three of the clock for the whole House to attend him with the said Remonstrance and Petition in the Chamber of Presence at Whitehall And it was agreed That the Lord Keeper should then read the same to the King and present it unto his Majesty The Twentieth of April the Lord President reported the Kings Answer unto the Remonstrance and Petition of the Lords to this effect That their Lordships having spent some time about this business and it being of some consequence his Majesty should be thought rash if he should give a sudden Answer thereto and therefore will advise of it and give them a full Answer in convenient time The 21. of April 1626. It was ordered That the House should be called on Monday next being the 24. of April Which was done accordingly And the Earl of Arundel being called the Lord Keeper signified unto the House That his Majesty had taken into consideration the Petition exhibited by their Lordships the 19. of April concerning the Earl of Arundel and will return an Answer thereunto with all expedition The 2. of May it was ordered That the Lord Keeper should move his Majesty from the House for a speedy and gracious Answer unto the Petition on the Earl of Arundels behalf The 4. of May 1626. the Lord Keeper signified unto their Lordships That according to the Order of the 2. of May he had moved his Majesty from the House on the behalf of the Earl of Arundel Who answered It is a Cause wherein he hath had a great deal of care and is willing to give their Lordships satisfaction and hath it in his consideration how to do it and hath been interrupted by other business wherein Mr. Attorney hath had occasion of much conference with him as their Lordships are acquainted But will with all conveniencie give their Lordships satisfaction and return them an Answer The 9. of May 1626 the House being moved to petition the King touching the Earl of Arundel certain Lords were appointed to set down the form of the said Petition who reported the same in writing as followeth viz. May it please your Majesty WHereas the whole body of the Peers now assembled in Parliament did the 19 day of April exhibit to your Majesty an humble Remonstrance and Petition concerning the Priviledge of Peers
the Denmark Forces had the advantage of the Ground Tilly being much scanted in the Rear of his Army for want of ground to place his Reserves in The Dane stood to the shock a while but was presently put to his Retreat and all his Infantry dispersed Train of Artillery taken and Two and twenty peeces of Cannon He lost many great Commanders in the fight and many were taken prisoners In the Moneth of September the King being informed of the disaster that had befaln his Uncle and principally also the King of Denmark whose engagement was chiefly for the cause of the Elector Palatine commanded his Council to advise by what means and ways he might fitly and speedily be furnished with moneys suitable to the importance of the undertaking Hereupon after a Consultation of divers days together they came to this Resolution That the urgency of Affairs not admitting the way of Parliament the most speedy equal and convenient means were by a general Loan from the Subject according as every man was assessed in the Rolls of the last Subsidy Upon which Result the King forthwith chose Commissioners for the Loan and caused a Declaration to be published wherein he alledged for this course of Supply the Reasons set down at large in his late Declaration touching the Dissolution of the Parliament Adding further That the urgency of the occasion would not give leave to the calling of a Parliament but assuring the People that this way should not be made a President for the time to come to charge them or their Posterity to the prejudice of their just and antient Liberties enjoyed under his most Noble Progenitors endeavoring thereby to root out of their mindes the suspition that he intended to serve himself of such ways to the abolishing of Parliaments And promising them in the word of a Prince first To repay all such sums of Money as should be lent without Fee or Charge so soon as he shall in any ways be enabled thereunto upon shewing forth the Acquittance of the Collectors testifying the Receipt thereof And secondly That not one penny so borrowed should be bestowed or expended but upon those Publick and General Services wherein every of them and the Body of the Kingdom their Wives Children and Posterity have their Personal and common Interest Private Instructions were given to the Commissioners how to behave themselves in this Negotiation As first That they should themselves for a good example to others lend unto his Majesty the several sums of money required of them testifying it by their names with their own hands That when they shall in his Majesties name require others to lend they may discern the said Commissioners forwardness Secondly To take for their guide those Rates at which men were assessed in the Book of the last Subsidy and to require the Loan of so much money as the entire rate and value comes to at which they are rated and set as namely he that is set at a Hundred pounds in Goods to lend a Hundred marks and he that is set at a Hundred pounds in Land to lend a Hundred pounds in money and so per rata for a greater or lesser sum Thirdly To use all possible endeavors to cause every man willingly and chearfully to lend opening unto them the necessity and unavoidableness of this course the Honor and Reputation of the Nation the true Religion and common safety of Prince and People of our Friends and Allies engaged in the common Cause that there is no time now of disputing but of acting Fourthly That they appoint the days of payment to be within Fourteen days and perswade such as shall be able to pay it at one entire payment the better to accommodate his Majesties occasion otherwise to accept of the one half at Fourteen days and the other to be paid before the Twentieth of December now next coming Fifthly That they Treat apart with every one of those that are to lend and not in the presence or hearing of any other unless they see cause to the contrary And if any shall refuse to lend and shall make delayes or excuses and persist in their obstinacy That they examine such persons upon Oath whether they have been dealt withal to deny or refuse to lend or to make an excuse for not lending Who hath dealt so with him and what speeches or perswasions he or they have used to him tending to that purpose And that they shall also charge every such person in his Majesties name upon his Allegiance not to disclose to any other what his Answer was Sixthly That they shew their discretion and affections by making choice of such to begin with who are likely to give the best examples and when they have a competent number of hands to the Roll or List of the Leaders that they shew the same to others to lead them in like manner Seventhly That they endeavor to discover whether any publickly or underhand be workers or perswaders of others to dissent from or dislike of this course or hinder the good disposition of others And that as much as they may they hinder all discourse about it and certifie to the Privy Council in writing the names qualities and dwelling places of all such refractory persons with all speed and especially if they shall discover any Combination or Confederacy against these proceedings Eightly That they let all men know whom it may concern that his Majesty is well pleased upon lending these sums required to remit all that which by Letters in his name was desired upon the late Benevolence for free Grant and what ever hath been already paid upon that account shall be accepted for part of this Loan and if it exceed the sum desired that the overplus shall be repaid without Fee or Charge so likewise for Privy Seals if any have been already paid But if not that the agreeing of the Loan of the sum required be excused of the payment of the Privy Seal Ninethly That they admit of no Suit to be made or Reasons to be given for the abating of any sum the time and instant occasion not admitting any such dispute which would but disturbe and protract the Sheriff Lastly The Commissioners were required and commanded upon their Faith and Allegiance to his Majesty to keep secret to themselves and not to impart or disclose these Instructions to others To the Imposition of Loan was added The burthen of Billeting of Soldiers formerly returned from Cadiz and the Moneys to discharge their Quarters were for the present levied upon the Countrey to be repaid out of sums collected upon the general Loan The Companies were scattered here and there in the Bowels of the Kingdom and governed by Martial Law The King gave Commissions to the Lords Lieutenants and their Deputies in case of Felonies Robberies Murders Outrages or Misdemeanors committed by Mariners Soldiers or other disorderly persons joyning with them to proceed according to certain Instructions to the Tryal
a free man imprisonable upon command or pleasure without cause expressed to be absolutely in worse case then a villain and if he did not make this plain he desired their Lordships not to believe him in any thing else and then produced two Book Cases 7. Edw. 3. fol. 50. in the new print 348. old print A Prior had commanded one to imprison his villain the Judges were ready to bayl him till the Prior gave his reason that he refused to be Bayliff of his Manour and that satisfied the Judges 2d Case 33. Edw. 3. title Tresp 253. in Faux imprisonment it was of an Abbot who commanded one to take and detain his villain but demanded his cause he gives it because he refused being thereunto required to drive his Cattel Ergo free men imprisoned without cause shewn are in worse case then villains that must have a cause shewn them why they are imprisoned 3. A Free man impisoned without cause is so far from being a Bondman that he is not so much as a man but is indeed a dead man and so no man imprisonment is in Law a civil death perdit domum familiam vicinos patriam and is to live amongst wretched and wicked men Malefactors and the like And that death and imprisonment was the same he proved by an Argument ab effectis because they both produce the like immediate effects he quoted a Book for this If a man be threatned to be killed he may avoid seoffment of Lands gifts of goods c. so it is if he be threatned to be imprisoned the one is an actual the other is a civil death And this is the first general Argument drawn a re ipsa from the nature of imprisonment to which res ipsa consilium dedit The second general Reason he took also from his books for he said he hath no Law but what by great pains and industry he learnt at his book for at ten years of age he had no more Law then other men of like age and this second reason is a minore ad majus he takes it from Bracton Minima poena corporalis est major qualibet pecuniaria But the King himself cannot impose a fine upon any man but it must be done judicially by his Judges per justitiarios in Curia non per regem in Camera and so it hath been resolved by all the Judges of England he quoted 3. R. 2. fo 11. The third general Reason is taken from the number and diversity of remedies which the Laws give against imprisonment Viz. Breve de homine replegiando De odio atia De Habeas Corpus An appeal of Imprisonment Breve de manucaptione The latter two of these are antiquated but the Writ De odio atia is revived for that was given by the Statute of Magna Charta Cha. 26. and therefore though it were repealed by Statute of 42. E. 3. by which it is provided that all Statutes made against Magna Charta are void now the Law would never have given so many remedies if the free men of England might have been imprisoned at free will and pleasure The fourth general Reason is from the extent and universality of the pretended power to imprison for it should extend not onely to the Commons of this Realm and their Posterities but to the Nobles of the Land and their progenies to the Bishops and Clergy of the Realm and their Successors And he gave a cause why the Commons came to their Lordships Commune periculum commune requirit auxilium Nay it reacheth to all persons of what condition or sex or age soever to all Judges and Officers whose attendance is necessary c. without exception and therefore an imprisonment of such an extent without reason is against reason The fifth general Reason is drawn from the indefiniteness of time the pretended power being limited to no time it may be perpetual during life and this is very hard to cast an old man into prison nay to close prison and no time allotted for his coming forth is a hard case as any man would think that had been so used And here he held it an unreasonable thing that a man had a remedy for his Horse or Cattle if detained and none for his body thus indefinitely imprisoned for a Prison without any prefixed time is a kinde of Hell The sixth and last Argument is a Fine and sapiens incipit a Fine and he wisht he had begun there also and this Argument he made three-fold Ab honesto This being less honourable Ab utili This being less profitable A tuto This Imprisonment by will and pleasure being very dangerous for King and Kingdom 1. Ab honesto It would be no honour to a King or Kingdom to be a King of Bond-men or Slaves the end of this would be both Dedecus Damnum both to King and Kingdom that in former times hath been so renowned Ab utili It would be against the profit of the King and Kingdom for the execution of those Laws before remembred Magna Charta 5. Ed. 3. 25. Ed. 3.28 Ed. 3. whereby the King was inhibited to imprison upon pleasure You see quoth he that this was vetus querela an old question and now brought in again after seven Acts of Parliament I say the execution of all these Laws are adjudged in Parliament to be for the common profit of the King and People and he quoted the Roll this pretended power being against the profit of the King can be no part of his Prerogative He was pleased to call this a binding Reason and to say that the wit of man could not answer it that great men kept this Roll from being Printed but that it was equivalent in force to the printed Rolls 3. A Reason a tuto It is dangerous to the King for two respects first of loss secondly of destroying of the endeavors of men First if he be committed without the expression of the cause though he escape albeit in truth it were for treason or felony yet this escape is neither felony nor treason but if the cause be expressed for suspicion of treason or felony then the escape though he be innocent is treason or felony He quoted a Cause in print like a reason of the Law not like Remittitur at the rising of the Court for the Prisoner traditur in ballium quod breve Regis non fuit susficiens causa The Kings Command He quoted another famous Case Commons in Parliament incensed against the Duke of Suffolk desire he should be committed The Lords and all the Judges whereof those great Worthies Prescot and Fortescue were two delivered a flat opinion that he ought not to be committed without an especial Cause He questioned also the name and etymologie of the Writ in question Corpus cum causa Ergo the Cause must be brought before the Judge else how can he take notice hereof Lastly he pressed a place in the Gospel Acts 25. last verse which Festus conceives is an
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort and strong hopes that this will prove as happy a Parliament as ever was in England And in their Consultations for the service of his Majesty and the safety of this Kingdom our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great wisdoms they doubt not have considered a great Body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient Order of their House But it is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded cannot but work in our hearts and we will faithfully report these Passages to our House from whence in due time we hope your Lordships shall receive a contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
of the Kings Bench this Law will not bend and when it lights on Subjects fitting if it do not bend it is unjust And there comes in the Law of the Chancery and of Equity this is Application of Law in private mens Causes when it comes to Meum tuum And thus the general Government of Cases with relation to the common State of the Kingdom is from the Council Board and there they are to vary from the Law of the Kingdom Suppose it be in time of Dearth Propriety of Goods may in that time be forced and be brought to the Market We saw the experience of it in Coals in London and the Council Board caused them to be brought forth and sold. In a time of Pestilence men may be restrained If a Schism be like to grow in a Church the State will enquire after the favorers of it if there be feaâ— of Invasion and it be encouraged by hope of a Party amongst us it is in the power of Government to restrain men to their houses In the Composure of these things there is great difference What differences have been between the Courts of Chancery and Kings Bench It is hard to put true difference between the Kings Prerogative and our Liberties His Majesty saw expence of time would be prejudicial it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties let us attend to all the parts of it there be Five Degrees and there is more assurance then we could have by any Law whatsoever His Majesty declares That Magna Charta and the other Statutes are in force This is not the first time that the Liberty of the Subject was infringed or was in Debate and confirmed all times thought it safe that when they came to a Negative of Power it was hard to keep Government and Liberty together but his Majesty stopped not there but according to the sense of these Laws That he will govern his Subjects in their just Liberties he assures us our Liberties are just they are not of Grace but of Right nay he assures us he will govern us according to the Laws of the Realm and that we shall finde as much security in his Majesties Promise as in any Law we can make and whatsoever Law we shall make it must come to his Majesties allowance and if his Majesty finde cause in his Government he may not put life to it We daily see all Laws are broken and all Laws will be broke for the Publique good and the King may pardon all Offenders his Majesty did see that the best way to settle all at unity is to express his own heart The Kings heart is the best guarder of his own promise his promise is bound with his heart What Prince can express more care and wisdom Lastly he saith That hereafter ye shall never have the like cause to complain May we not think the breach is made up is not his Majesty ingaged in his Royal word The conclusion is full of weight and he prayes God that as God hath blessed this Kingdom and put it into his heart to come amongst us so to make this day successful The wrath of a King is like the roaring of a Lyon and all Laws with his wrath are to no effect but the Kings favour is like to the dew of the grass there all will prosper and God made the Instruments to unite all hearts His Majesty having thus discharged himself he prayes us to proceed to the business that so much concerns him As his Majesty hath now shewed himself the best of Kings let us acknowledge his Majesties goodness and return to that Union which we all desire But this motion was not received with general acceptation and Sir Benjamin Rudyard replyed to it in these words WE are now upon a great business and the maner of handling it may be as great as the business it self Liberty is a precious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for mine own part I am clear without scruple that what we have resolved is according to the Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him ere now out of all question the very scope and drift of Magna Charta was to reduce the Regal to a Legal Power in matter of Imprisonment or else it had not been worthy so much contending for It is true That the King ought to have a trust reposed in him God forbid but he should and I hope it is impossible to take it from him for it lies not in the wit of man to devise such a Law as shall comprehend all particulars all accidents but that extraordinary Causes may happen which when they come if they be disposed of for the common good there will be no Law against them yet must the Law be general for otherwise Admissions and Exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of Nature to govern the ordinary course of things he hath made no Law for Miracles yet there is this observation of them that they are rather praeter naturam then contra naturam and always propter bones fines So the Kings Prerogatives are rather besides the Law then against it and when they are directly to their ends for the publique good they are not onely concurring Laws but even Laws in singularity and excellency But to come nearer let us consider where we are now what steps we have gone and gained The Kings learned Councel have acknowledged all the Laws to be still in force the Judges have not allowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolutions intire and without prejudice All this hitherto is for our advantage but above all his Majesty hath this day himself being publiquely present declared by the mouth of the Lord Keeper before both the Houses That Magna Charta and the other six Statutes are still in force That he will maintain his Subjects in the Liberties of their Persons and Proprieties of their Goods That he will govern them according to the Laws of the Kingdom this is a solemn and binding satisfaction expressing his gracious readiness to comply with his people in their reasonable and just desires The King is a good Man and it is no diminution to a King to be called so for whosoever is a good Man shall be greater then a King that is not so The King certainly is very tender of his present Honor and of his Fame hereafter He will think it hard to have a worse mark set upon him then upon any of his Ancestors by extraordinary restraints His Majesty hath already intimated unto us by a Message That he doth willingly give way to have the abuse of Power reformed by which I
we may assure our selves of the performance of it Besides we binde his Majesty by relying on his word we have Laws enough it is the execution of them that is our life and it is the King that gives life and execution Sir Thomas Wentworth concluded the Debate saying That never House of Parliament trusted more in the goodness of their King for their own private then the present but we are ambitious that his Majesties goodness may remain to posterity and we are accomptable to a publique trust and therefore seeing there hath been a publique violation of the Laws by his Ministers nothing will satisfie him but a publique mends and our desire to vindicate the Subjects Rights by Bill are no more then are laid down in former Laws with some modest Provision for Instruction Performance and Execution Which so well agreed with the Sense of the House that they made it the subject of a Message to be delivered by the Speaker to his Majesty AMidst those deliberations another Message was delivered from his Majesty by Mr. Secretary Cook That howsoever we proceed in this business we have in hand which his Majesty will not doubt but to be according to our constant professions and so as he may have cause to give us thanks yet his resolution is that both his Royal care and hearty and tender affection towards all his loving Subjects shall appear to the whole Kingdom and all the World that he will govern us according to the Laws and Customs of this Realm that he will maintain us in the Liberties of our Persons and Proprieties of our Goods so as we may enjoy as much happiness as our forefathers in their best times and that he will rectifie what hath been or may be found amiss amongst us so that hereafter there may be no just cause to complain Wherein as his Majesty will rank himself amongst the best of our Kings and shew he hath no intention to invade or impeach our lawful Liberties or Right so he will have us to match our selves with the best Subjects not by incroaching upon that Soveraignty or Prerogative which God hath put into his hands for our good but by containing our selves within the Bounds and Laws of our forefathers without restraining them or inlarging them by new Explanations Interpretations Expositions or Additions in any sort which he telleth us he will not give way unto That the weight of the Affairs of the Kingdom and Christendom do press him more and more and that the time is now grown to that point of maturity that it cannot endure long debate or delay so as this Session of Parliament must continue no longer then Tuesday come sevennight at the furthest In which time his Majesty for his part will be ready to perform what he promised and if the House be not as ready to do that is fit for themselves it shall be their own faults And upon assurance of our good dispatch and correspondence his Majesty declareth That his Royal intention is to have another Session of Parliament at Michaelmass next for the perfecting of such things as cannot now be done This Message was debated the next day being Saturday May 30. whereupon Sir Iohn Elliot spake to this effect The King saith he will rank himself with the best of Kings and therefore he would have us to rank our selves with the best Subjects we will not incroach upon that Soveraignty that God hath put into his hands This makes me fear his Majesty is misinformed in what we go about let us make some inlargement and put it before him that we will not make any thing new as for the time of this Session it is but short and look how many Messages we have so many interruptions and mis-reports and mis-representations to his Majesty produce those Messages Sir Miles Fleetwood continues the Debate and said That this business is of great importance we are to accommodate this The breach of this Parliament will be the greatest misery that ever befell us the eyes of Christendom are upon this Parliament the state of all our Protestant friends are ready to be swallowed up by the Emperors Forces and our own Kingdom is in a miserable straight for the defence of our Religion that is invaded by the Romish Catholicks by the colour of a Commission which is intolerable the defence of our Realm by Shipping is decayed the Kings Revenue is sold and gone where shall the relief be obtained but in Parliament Now we are in the way let us proceed by way of Bill in pursuance of the Kings Message to establish the Fundamental Laws in Propriety of our Goods and Liberty of our Persons It was declared to us that courses by Loan and Imprisonment were not lawful let us touch them in our Bill and that all Precedents and Judgements seeming to the contrary be void and that all Commitments against the Law be remedied and that we be protected against the fear of Commitments In conclusion the Commons agree to an Answer to all the preceding Messages and present it to the King by the mouth of their Speaker The Speakers Speech to the King in Answer to several Messages Most Gracious and Dread Soveraign YOur Loyal and Obedient Subjects the Commons now Assembled in Parliament by several Messages from your Majesty and especially by that your Declaration delivered by the Lord Keeper before both Houses have to their exceeding joy and comfort received many ample expressions of your Princely care and tender affections towards them with a gracious promise and assurance that your Majesty will govern according to the Laws of this Realm and so maintain all your Subjects in the just Freedom of their Persons and Safety of their Estates that all their Rights and Liberties may be by them enjoyed with as much freedom and security in their time as in any age heretofore by their Ancestors under the best of your Progenitors For this so great a favor enlarged by a comfortable intimation of your Majesties confidence in the proceedings of this House they do by me their Speaker make as full return of most humble thanks to your Majesty with all dutiful acknowledgement of your Grace and Goodness herein extended unto them And whereas in one of those Messages delivered from your Majesty there was an expression of your desire to know whether this House would rest upon your Royal Word and Promise assuring them that if they would it should be royally and really performed As they again present their humble thanks for the seconding and strengthning of your former Royal expressions so in all humbleness they assure your Majesty that their greatest confiâ—â—â—ce is and ever must be in your Grace and Goodness without which they well know nothing that they can frame or desire will be of safety or value to them Therefore are all humble Suiters to your Majesty That your Royal heart will graciously accept and believe the truth of theirs which they humbly present as
it is declared and enacted That no man shall be forejudged of life or limb against the form of the great Charter and the Law of the Land And by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Iustice of Martial Law against such Soldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanor whatsoever and by such summary Course and Order as is agreeable to Martial Law and is used in Armies in time of War to proceed to the tryal and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to proceed against such offenders according to the same Laws and Statutes upon pretence that the said offenders were punishable onely by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or he confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such maner as is before mentioned be imprisoned or detained And that your Majesty will be pleased to remove the said Soldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and proceedings to the prejudice of your People in any of the Premises shall not be drawn hereafter into Consequence or Example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the prosperity of this Kingdom Which Petition being read the 2 of June 2628. The Kings Answer was thus delivered unto it The King willeth that Right be done according to the Laws and Customs of the Realm And that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative On Tuesday June 3. the King's Answer was read in the House of Commons and seemed too scant in regard of so much expence of time and labour as had been imployed in contriving the petition Whereupon Sir Iohn Elliot stood up and made a long Speech wherein he gave forth so full and lively representation of all Grievances both general and particular as if they had never before been mentioned HE reduced the Cause of all our evils to Five heads Our insincerity and doubling in Religion which he exemplified by the freedome and increase of Papists by the composition with them in the North the slightness of those payments and the easiness in them by the hopes presumptions and reports of all the Papists generally by the disposition of Commanders the trust of Officers the confidence of secrecies of employments in this Kingdom in Ireland and elsewhere 2. Our want of Councel which sacrificed our honour and our men sent to the Palatinate stopping those greater supplies appointed for that Service by which it might have been made defensible this gave direction to that late expedition to Ree whose wounds are yet bleeding by means whereof the Protestants of France and their King by a necessary consequence are divided and that Countrey so prepared against us that we have nothing to promise our neighbours hardly for our selves insomuch as by the issue and success it may rather be thought a conception of Spain then begotten here by us 3. The insufficiency and unfaithfulness of our Generals Witness first the expedition to Cales where we arrived and found a Conquest ready viz. the Spanish ships fit for the satisfaction of a voyageâ— either in point of honour or in point of profit why was it neglected why was it not atchieved it being granted on all hands feasible when the whole Army landed why was there nothing attempted if nothing were intended wherefore did they land if there were a service why were they shipt again Witness secondly that to Ree where the whole action was carried against the judgement and opinion of the Officers viz. those that were of the Councel was not the first was not the last was not all at land in the intrenching in the continuance there in the assault in the retreat without their assent to say nothing of leaving the Wines and the Salt which were in our possession and of a value as they say to answer much of our expence nor of that wonder which no Alexander or Caesar ever did know the enriching of an enemy by curtesies when the Souldiers want help nor of the private entercourses and parlies with the Fort which continually were held what they intended may be
of Magna Charta is That no free-man be imprisoned but by the Law of the Land And it appears by these Books that it is against the Law of the Land that the King should imprison any one 2. Admit that this be onely a signification and notification given by the King himself of the commitment of the prisoner yet it seems that that signification is of no force 1. Because the words are general uncertain for notable contempts There are in the Law many contempts of severall natures there are contempts against the Common law against the Statute-law contempts in words gestures or actions And it appears not to the Court of what nature these contempts were Notable Every contempt which is made to the King is notable Against Our Government Contempt which is committed in a Court of Record or Chancery is a contempt against the Government of the King to wit because they disobey the King when he commands them by his Writs C. 8. 60. a. Beechers case The last two words of the Return are For stirring up of sedition against Us which words likewise are indefinite and generall I find not the word Sedition in our Books but taken adjectively as seditious books seditious newes c. in the Statute of 1 st and 2 d. of Phil. and Mary cap. 3. the words are If any person shall be convicted c. for speaking c. any false seditious or slanderous newes saying of the tayles of the Queen c. he shall lose his ears or pay 100 l. There the penalty imposed upon such Sedition is but a Fine C. 4. Lord Cromwell's case 13. where Sedition is defined to be seorsum itio when a man takes a course of his own And there it is said that the words maintain sedition against the Queen's proceedings shall be expounded according to the coherence of all the words and the intent of the parties So that it is plain that there is a sedition that is onely finable and which is no cause of imprisonment without bail And what the sedition is that is here intended cannot be gathered out of the words they are so generall against Us those words are redundant for every sedition is against the King Upon the generality and incertainty of all the words in the Return he put these cases 18. E. 3. A man was indicted quia furatus est equum and doth not say Felonic and therefore ill 29. ass 45. A man was indicted that he was communis latro and the indictment held vitious because too generall So here the offences are returned generally But there ought to be something individuall C. 5.57 Specot's case quia schismaticus inveteratus is no good cause for the Bishop to refuse a Clerk for it is too generall and there are schisms divers kinds 38. E. 3.2 Because the Clerk is criminosus it is no good cause for the Bishop to refuse him 8 and 9 Eliz. Dy. 254. The Bishop of N. refuseth one because he was a haunter of Taverns c. for which and divers other crimes he was unfit held that the last words are too generall and incertain 40. E. 3.6 In the tender of a marriage and refusall of the heir he ought to alledge a certain cause of refusall Whereupon issue may be taken C. 8.68 Trollop's case to say That the Plantiff is excommunicated for divers contumacies shall not disable him without shewing some cause in speciall of the excommunication upon which the Court may judge whether it were just or no. So here And he concluded with a case that was resolved Hill 33 Eliz. Peak and Paul the Defendants said of the Pantiff Thou art a mutinous and seditious man and maintains sedition against the Queen and the words adjudged not actionable Mason of Lincolns-Inne of Counsell with Mr. Long moved also that the Return was insufficient For the first Warrant that he was committed by command of the King signified by the Privy Councill I will not argue that because it was claimed as an antient right pertaining to the Subject in the Petition of Right whereto the King himself hath given his consent For the second Warrant the Return is for stirring up sedition against Us and Our Government Sedition is not any determined offence within our Law our Law gives definitions or descriptions of other offences to wit of Treason Murder Felony c. but there is no crime in our Law called Sedition It is defined by a Civilian to be Seditio or Secessio cum pars reipublicae contra partem infurgit so that sedition is nothing but division Braeton and Glanvill have the word Seditio generally Before the Statute of 25 E. 3. chap. 2. it was not clear enough what thing was Treason what not by which Statute it is declared what shall be said Treason and that the Iudges shall not declare any thing to be Treason that is not contained within the said Statute but it shall be declared onely by Parliament And that Statute speaks not of Sedition nor the Statute of 1 H. 4. chap. 10. which makes some things Treason which are not contained within the said Statute of 25 E. 3. The Statute of 1 E. 6. chap. 12. takes away all intervenient Statutes which declared new Treasons and the said Act declares other things to be Treason but mentions not Sedition Sedition is the quality of an offence and is oftentimes taken Adverbially or Adjectively To raise tumults or trespasses is sedition Tim. 2. E. 3. rot 23. Garbart's case A man was indicted because in the high street he took I. S. there being in hostile manner and usurped over him royall power which is manifest sedition and there it was but an indictment of trespasse Mich. 20. E. 1. rot 27. One that was surveyor of the Wood-work for the King was indicted for stealing of timber and detaining wages ridding Carpenters wages by one that was but a boy and this is there tearmed Sedition and yet it was but a petty Fellony Mich. 42. E. 3. rot 65. B. R. R. Pope was appealed by the wife of I. S. because he feloniously and seditiously murdered I. S. and seditiously was there put in because it was done privily By which cases it appears that sedition is not taken as a Substantive so that it may be applyed to treason trespasse or other offences By the Statute of 2 H. 4. chap. 15. there is punishment inflicted for the raising of seditious doctrine and yet no punishment could have been inflicted for it untill the said Statute yet it was seditious as well before the said Statute as after And this appears also by the Statute of 1 and 2 of Phil. and Mar. chap. 3. which hath been cited The Statute 13 Eliz. chap. 2. reciâ—es that divers seditious and evill disposed persons c. obtained Bulls of reconciliation from the Pope which offence was made treason by the said Statute for it was not before and yet there was sedition and by the saâ— Statute the aiders and abettors
King 2. It stands not with the dignity of the King to arrest any man C. 4. 73. The King makes a Lease for years rendring rent with condition of re-entry for non-payment he shall take advantage of the condition without any demand and the reason there given is that a decorum and conveniency might be observed So it is not befitting for the King in person to arrest any man but the King may command another to do it Bracton lib. 2. de acquirendo rerum Dominio fol. 55. sayes That the Crown of the King is to do justice and judgment and facere pacem without which the Crown it self cannot subsist Severall constructions are to be made upon those severall words and the last words facere pacem imply that the King hath a coercive power Britton f. 1. amongst the Errata The King said in person Because we are not sufficient in person to do every thing We divide the charge into many parts We are the peoples Iustice and a Iustice implies one that hath power to do justice in every kind to wit by imprisonment or otherwise 20 H. 7.7 C. 11.85 it is said That the King is the chief Iustice. And Lambert in his Justice of Peace fol. 3. saies That in antient Histories the chief Iustice of England is called Capitalis Justicia Prima Justicia after the King in England So that the King hath the same power of Iustice as the Chief Iustice had This imprisonment here which is before conviction for any offenâ— is not used towards the Subject as imprisonment for any fault but is rather an arrest or restraint to avoid further inconveniencies 14 H. 7.8 A Iustice of Peace may arrest men riotously assembled for prevention of further mischief And the Book also saies That he may leave his servants there to arrest men for safeguard of the peace It is a case well known that if a house be set on fire every man may pull down the next house for prevention of greater mischief so it seems concerning the Incendiaries of the State they ought to be restrained and supprest lest others should be stirred up by them to the same combustion 22 ass 56. and 22 E. 4.45 in false imprisonment the Defendant justifies because the Plantiff was mad and out of his wits and that he had done some harm and that he had bound and beat him to avoid further harm which might have happened by his madnesse And the justification was held good So it is in matter of Government to avoid commotions the King ought to use his coercive power against those that are enraged The objection was that this course was against the Petition of Right But I answer That this case is out of the words of that Petition the words of the Petition were Whereas by the Statute called The great Charter and by the Statute of 28 E. 3. no free-man may be taken or imprisoned yet against the tenour of the said Statute c. divers of your subjects have of late been imprisoned without any cause shewed and when for their deliverance c. they were brought before the Iustices by Writs of Habeas corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the cause of their deteyner and no cause was certified but that they were detained by your Majesties speciall command signified by the Lords of your Council and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to Law These last words are observable Without being charged with any thing to which they might make answer These words do not refer to the Return of the Habeas Corpus for the cause returned therein cannot be traversed 9 H. 6. 54. but the Court took it as true But the setting forth of the cause and the answer to the same cause is to be upon other proceedings to wit upon the indictment for the offence or otherwise And there is great difference between the return of a Writ to which a man may answer and the return of an Habeas corpus 10 E. 4. 3 H. 7.11 are that if the Sheriff return Rescous all certainties of every circumstance ought to be shewed because it is fitting that a thing certain be brought into judgment And upon shewing of the grievance as above the Petition is that no free-man in any such manner as before is mentioned be imprisoned or detained such and it hath relation to such imprisonment which is mentioned in the premises And imprisonment mentioned in the premises of the Petition is where no cause at all was mentioned then where any cause is shewed is out of the Petition and that such is the word relative appears by C. 11 62. where many cases are put to the same purpose which see The third objection was That the Return was generall and uncertain The Counsell on the other side had divided the words of the Return but that is to offer violence thereunto for an exposition shall not be made by fractions but upon the whole matter For the first words notable contempts It hath been said that the addition of the word notable is but to make a flourish But I say That notable is not the emphasis of the Return but it onely expresseth the nature of the offence and yet notable is a word observable by it self in the Law and implyes that the thing is known and noted By 27 E. 1. Sheriffs shall be punished that let notorious offenders to bayl and by the Statute of 4 H. 4. chap. 3. a notorious or common thief shall not make his purgation and 26 E. 3.71 in a trespasse for fals imprisonment the Defendant said That the Plantiff came into the Town of Huntington and because he was seen in the company of R. de Thorby who was a notorious thief he as Bailiff of Huntington took him upon suspition I confesse that for contempts is generall yea it is genus generalissimum and within the Petition of Right but the words are against Our Self It hath been said That this might be by irreverent words or gestures and Our Government It hath been said that this might be by contempt to the Kings Writ or by Retraxit as Beechers case is To this I answer That those words which are spoken to one purpose ought not to be wrested to another and this is against the common meaning of the words C. 4. Thou art a murderer the Defendant shall not afterwards explain it to be a murderer of Hares for the highest murder is intended So here the highest Government is intended 4. It hath been objected that for stirring up of sedition against Us may perhaps be but an offence Finable But those words joyned with the former words shew this to be an offence of the highest nature sedition is a speciall contempt And although sedition in it self may be but a generall offence yet here it is Sedition against Us and Our Government which makes
the Queen should commend unto him and make some suit on his behalf That if the Queen afterwards being ill intreated should complain of this Dear one he might make his answer It is long of your self for you were the Party that commended him unto me Our old Master took delight strangely in things of this nature That Noble Queen who now resteth in Heaven knew her Husband well and having been bitten with Favorites both in England and Scotland was very shie to adventure upon this request King Iames in the mean time more and more loathed Somerset and did not much conceal it that his affection increased towards the other But the Queen would not come to it albeit divers Lords whereof some are dead and some yet living did earnestly sollicit her Majesty thereunto When it would not do I was very much moved to put to my helping hand they knowing that Queen Anne was graciously pleased to give me more credit then ordinary which all her Attendants knew she continued to the time of her death I laboured much but could not prevail The Queen oft saying to me My Lord You and the rest of your Friends know not what you do I know your Master better then you all For if this Young man be once brought in the first persons that he will plague must be you that labor for him yea I shall have my part also The King will teach him to despise and hardly intreat us all that he may seem to be beholden to none but himself Noble Queen how like a Prophetess or Oracle did you speak Notwithstanding this we were still instant telling her Majesty that the Change would be for the better For George was of a good nature which the other was not And if he should degenerate yet it would be a long time before he were able to attain to that height of evil which the other had In the end upon importunity Queen Anne condescended and so pressed it with the King that he assented thereunto Which was so stricken while the Iron was hot that in the Queens Bed-chamber the King Knighted him with the Rapier which the Prince did wear And when the King gave order to swear him of the Bed-chamber Somerset who was near importuned the King with a message that he might be only sworne a Groom But my self and others that were at the door sent to her Majesty that she would perfect her work and cause him to be sworne a Gentleman of the Chamber There is a Lord or two living that had a hand in this atchievement I diminish nothing of their praise for so happy a work But I know my own part best and in the word of an honest man I have reported nothing but truth George went in with the King but no sooner he got loose but he came forth unto me into the Privy-gallery and there embraced me He professed that he was so infinitely bound unto me that all his life long he must honor me as his Father And now he did beseech me that I would give him some lessons how â—e should carry himself When he earnestly followed this chace I told him I would give him three short lessons if he would learn them The first was That daily upon his knees he should pray to God to bless the King his Master and to give him George grace studiously to serve and please him The second was That he should do all good offices between the King and the Queen and between the King and the Prince The third was That he should fill his Masters ears with nothing but Truth I made him repeat these three things unto me and then I would have him to acquaint the King with them and so tell me when I met him again what the King said unto him He promised me he would and the morrow after Mr. Tho. Murrey the Princes Tutor and I standing together in the Gallery at Whitehall Sir Geo. Villeirs coming forth and drawing to us he told Mr. Murrey how much he was beholden unto me and that I had given him certain Instructions which I prayed him to rehearse as indifferently well he did before us yea and that he had acquainted the King with them who said They were Instructions worthy of an Archbishop to give to a Young man His countenance of thankfulness for a few days continued but not long either to me or any other his Welwishers The Roman Historian Tacitus hath somewhere a note That benefits while they may be requited seem courtesies but when they are so high that they cannot be repaid they prove matters of hatred Thus to lie by me to quicken my remembrance I have laid down the Cause and the Proceedings of my sending into Kent where I remain at the writing of this Treatise Praying God to bless and guide our King aright To continue the prosperity and welfare of this Kingdom which at this time is shrewdly shaken To send good and worthy men to be Governors of our Church To prosper my mind and body that I may do nothing that may give a wound to my Conscience and then to send me patience quietly to endure whatsoever his Divine Majesty shall be pleased to lay upon me Da quod jubes jube quod vis And in the end to give me such a happy deliverance either in life or death as may be most for his glory and for the wholsom example of others who look much on the Actions and Passions of Men of my Place AMong those many Gentlemen who were imprisoned throughout England for refusing to lend upon the Commission for Loans only Five of them brought their Habeas Corpus viz. Sir Thomas Darnell Sir Iohn Corbet Sir Walter Earl Sir Iohn Heveningham Sir Edward Hampden In Michaelmas Term 3 Caroli a Return was made of their several Commitments To instance only in one all the rest being in the same form The Warden of the Fleet made this Return That Sir Walter Earl Knight named in the Writ is detained in the Prison of the Fleet in his Custody by special Command of the King to him signified by Warrant of several of the Privy-Council in these words Whereas Sir Walter Earl Knight was heretofore committed to your Custody These are to will and require you still to detain him letting you know that both his first Commitment and direction for the continuance of him in Prison were and are by his Majesties special commandment From Whitehall Novemb. 7. 1627. Tho. Coventry c. Sir Thomas Darnell was the first that was brought to the Bar upon that Writ where the Kings Attorney-General Sir Robert Heath did inform the Court that his Majesty told him He heard that some of the imprisoned Gentlemen for the Loan did report That the King did deny them the Course of Justice And therefore his Majesty commanded him to renew the Writ of Habeas Corpus lest they should not move for another themselves by reason the Warden of the Fleet had not returned the first according
to his duty To this Sir Thomas Darnell replied That such words never came into his thoughts And did humbly pray they might make no impression upon the Court to the disparagement of his Cause for he was accused of that he was in no manner guilty of Upon which Sir Nicholas Hide Chief Justice said That he had made a fair and temperate Answer And you may perceive said the Chief Justice the upright and sincere proceedings which have been in this business You no sooner moved for a Habeas Corpus but it was granted you you no sooner desired Council but they were assigned you though any Council might move for you without being assigned and should have had no blame for it The Kings pleasure is his Law should take place and be executed and for that do we sit here And whether the Commitment be by the King or others this Court is the place where the King doth sit in person to do right if injury be done And we have power to examine it and if it appear that any man hath wrong done him by his Imprisonment we have power to deliver and discharge him if otherwise he is to be remanded by us to Prison again And the Attorney-General after the Chief Justice had spoken said Though this be a Case which concerns the King in an high degree yet he hath been so gracious and so just as not to refuse the Examination and Determination thereof according to the Laws of the Kingdom Then the Court proceeded to hear the Arguments made in the Prisoners behalf Mr. Noy argued for Sir Walter Earl Serjeant Bramston for Sir Iohn Heveningham Mr. Selden for Sir Edward Hampden Mr. Calthrop for Sir Iohn Corbet who were all assigned of Council with the Prisoners by the Court of Kings-Bench upon a Petition delivered by them to that purpose After they had argued Mr. Attorney had a day appointed to argue for the King It is not our intention to take up the Readers time with the Arguments at large either by the one side or the other We shall only hint unto you some generals chiefly concerning the form of the Return of the Writ The first Exception taken by the Council for the imprisoned Gentlemen was to the form of the Return 1. For that the Return is not positive but referred to the signification made by another by the Lords of the Council 2. The Keepers of the Prisons have not return'd the Cause of the Commitment but the Cause of the Cause which they held not to be good 3. That the Return of the Commitment is imperfect for that it sheweth onely the Cause of the detaining in Prison and not the Cause of the first Commitment Lastly That the Return is contradictory in it self For that in the first part thereof it is certified that the detaining of those Gentlemen in Prison is per speciale mandatum Domini Regis And when the Warrant of the Lords of the Council is shewn it appeareth that the Commitment is by the command of the King signified by the Lords of the Council The second general Exception was to the matter of the Return and that was touching the Imprisonment per speciale mandatum Domini Regis by the Lords of the Council without any Cause expressed Wherefore said Mr. Selden by the constant and setled Laws of this Kingdom without which we have nothing no man can be justly imprisoned either by the King or Council without a Cause of the Commitment and that ought to be expressed in the Return The Law saith expresly No Free-man shall be imprisoned without due Process of the Law Nullus liber homo capiatur vel imprisonetur nisi per legem terrae c. And in the Charter of King Iohn there are these words Nec eum in carcerem mittimus We will not commit him to Prison that is The King himself will not This right said Serjeant Bramston is the onely means that a Subject hath whereby to obtain his Liberty and the end of it is to return the Cause of the Imprisonment that it may be examined in this Court whether the parties ought to be discharged or not Which cannot be done upon this Return for the Cause of the Imprisonment is so far from appearing particularly by it that there is no Cause at all expressed And the Writ requires that the Cause of the Imprisonment should be returned and the Cause ought to be expressed so far as that it ought to be none of those Causes for which by the Laws of the Kingdom the Subject ought not to be imprisoned and it ought to be expressed that it was by Presentment or Indictment or upon Petition or Suggestion made unto the King For said he observe but the consequence If those Gentlemen who are committed without any Cause shewn should not be bailed but remanded the Subjects of the Kingdom may be restrained of their Liberty for ever and by Law there can be no remedy We shall not reflect upon the present time and Government but we are to look what may betide us in time to come hereafter The Laws are called the great Inheritance of every Subject and the Inheritance of Inheritances without which we have nothing that deserves the name of Inheritance If upon a Habeas Corpus a Cause of Commitment be certified then said Mr. Noy the Cause is to be tryed before your Lordships but if no Cause be shewn the Court must do that which standeth with Law and Justice and that is to deliver the party The Commons did complain in Ed. 3. his time that the great Charter and other Statutes were broken They desired that for the good of himself and his people they may be kept and put in execution and not infringed by making any Arrest by special command or otherwise And the Answer which was given them was this That the said great Charter and other Statutes should be put in execution according to the Petition without disturbance of Arrests by special command And the King granteth the Commons desire in the same words as they were expressed in their Petition And afterwards complaining again That notwithstanding this Answer of the King they were imprisoned by special command without Indictment or other legal course of Law The Kings Answer was upon another Petition unto him That he was therewith well pleased And for the future he added further If any man be grieved let him complain and right shall be done And forasmuch as it doth not appear to the Court that there was any Cause of the Commitment of these Members no Charge against them no Indictment or Process according to the Laws Wherefore Mr. Noy prayed they might be no longer detained in Prison but be bailed or discharged Admit the Commitment of the Command of the King was lawful yet said Mr. Calthorp when a man hath continued in prison a reasonable time he ought to be brought to answer and not to continue still in prison without being brought to answer For that it appeareth