of England And that the arduous and urgent affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and redress of mischiefs and grievances which daily happen within this Realm are proper subjects and matter of Councel and Debate in Parliament And that in the handling and procéeding of those businesses every Member of the House of Parliament hath and of right ought to have freedom of spéech to propound treat reason and bring to conclusion the same And that the Commons in Parliament have like liberty and fréedom to treat of these matters in such order as in their judgments shall seem fittest And that every Member of the said House hath like freedom from all Impeachment Imprisonment and molestation other then by Censure of the House it self for or concerning any speaking reasoning or declaring of any matter or matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the advice and assent of all the Commons assembled in Parliament before the King gave credence to any private information But how the King was moved by the Protestation of the House of Commons will appear by this Memorial Whitehall Decemb. 30. 1621. HIs most Excellent Majesty coming this day to the Council the Prince his Highness and all the Lords and others of His Majesties Privy Council sitting about him and all the Iudges then in London which were six in number there attending upon His Majesty the Clerk of the Commons House of Parliament was called for and commanded to produce his Iournal-book wherein was noted and Entries made of most passages that were in the Commons House of Parliament and amongst other things there was written down the form of a Protestation concerning sundry Liberties Priviledges and Franchises of Parliament with which form of Protestation His Majesty was justly offended Nevertheless His Majesty in a most gracious manner there expressed That he never meant to deny that House of Commons any lawful Priviledges that ever they had enjoyed but whatsoever Priviledges or Liberties they had by any Law or Statute the same should be inviolably preserved unto them and whatsoever Priviledges they enjoyed by Custom or uncontrolled and lawful president His Majesty would be careful to preserve But this Protestation of the Commons House so contrived and carried as it was His Majesty thought fit to be razed out of all Memorials and utterly to be annihilated both in respect of the manner by which it was gained and the matter therein contained For the manner of getting it First in respect of the time For after such time as His Majesty out of his Princely grace and to take away all mistakings had directed his Letters to Secretary Calvert dated at Royston 16 Decembris and therein had so explained himself in the point of maintaining the priviledges of the House of Commons as that most of the said House rested fully satisfied and freed from any scruple of having their liberties impeached And after that by His Majesties Letters directed to the Speaker dated 18 December being Tuesday His Majesty at the humble suit of the House of Commons condescended to make this Méeting a Session before Christmas and for that purpose had assigned Saturday following Now upon this very Tuesday and while the Messengers from the House of Commons were with His Majesty at Theobalds to return thanks unto His Majesty and therewith an excuse from them not to make it a Session in respect of the strait of time whereunto they were driven which deferment His Majesty admitted of at their desires and thereupon gave order for the adjournment of the Parliament until the Eight of February next which was the first day formerly appointed by His Majesty for the méeting together of the Parliament And whilst their messengers were with His Majesty and had received a gracious Answer to return unto their House even that afternoon a Committee was procured to be made for taking their Liberties into consideration And this afternoon a Protestation was made to whom appears not concerning their Liberties and at six a clock at night by candle-light the same Protestation was brought into the House by the Committee and at that time of night it was called upon to be put to the Question there not being the third part of the House then present whereas in all matters of weight their usual custom is to put nothing of importance to the Question till the House be full And at this time many of them that were present expected the Question would have been deferred to another day and a fuller House and some then present stood up to have spoken to it but could not be seen nor heard in that darkness and confusion Now for the matter of the Protestation it is penned in such ambiguous and general words as may serve for future Times to invade most of Rights and Prerogatives annexed to the Imperial Crown the claim of some priviledges being grounded upon the words of the Writ for assembling the Parliament wherein some words viz. Arduis Regni are cunningly mentioned but the word quibusdam which restraineth the generality to such particular Cases as His Majesty pleaseth to consult with them upon is purposely omitted These things considered His Majesty did this present day in full assembly of his Council and in the presence of the Iudges declare the said Protestation to be invalid annulled void and of no effect And did further manu sua propria take the said Protestation out of the Iournal-book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of council-Council-causes On the Sixth of Ianuary the King by Proclamation dissolved the Parliament shewing that the assembling continuing and dissolving of Parliaments doth so peculiarly belong unto him that he needs not give an accompt thereof unto any Yet he thought fit to declare That in this Dissolution he had the advice and uniform consent of his whole Council And that some particular Members of the House of Commons took inordinate liberty not only to treat of his high Prerogatives and sundry things not fitting to be argued in Parliament but also to speak with less respect to Foreign Princes That they spent the time in disputing Priviledges descanting upon the words and syllables of his Letters and Messages And that these Evil-tempered spirits sowed tares among the corn and by their cunning devices have imposed upon him a necessity of discontinuing this present Parliament without putting unto it the name or period of a Session And lastly he declared That though the Parliament be broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call a Parliament again at convenient time The King was
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
of the People Certainly hereafter it will be conceived that an House of Parliament would not have made an unnecessary addition to this Petition of Right and therefore it will be resolved that the Addition hath relation to the Petition which will have such operation as I have formerly declared and I the rather fear it because the late Loan and Billeting have been declared to have been by Soveraign Power for the good of our selves and if it be doubtful whether this Proposition hath reference to the Petition or not I know not who shall judge whether Loans or Imprisonments hereafter be by that Soveraign Power or not A Parliament which is made a Body of several Writs and may be dissolved by one Commission cannot be certain to decide this question We cannot resolve that that the Judges shall determine the words of the Kings Letter read in this House expressing the cause of Commitment may be such that the Judges have not capacity of Judicature no Rules of Law to direct and guide their judgements in Cases of that transcendent nature the Judges then and the Judgements are easily conjectured it hath been confessed by the Kings Councel that the Statute of Magna Charta bindes the King it bindes his Soveraign Power and here is an Addition of Saving the Kings Soveraign Power I shall endeavor to give some Answer to the Reasons given by the Lords The first is That it is the intention of both Houses to maintain the Just Liberty of the Subject and not to diminish the just Power of the King and therefore the expression of that intention in this Petition cannot prejudice us To which I answer First That our intention was and is as we then professed and no man can assign any particular in which we have done to the contrary neither have we any way transgressed in that kinde in this Petition and if we make this addition to the Petition it would give some intimation that we have given cause or colour of offence therein which we deny and which if any man conceive so let him assign the particular that we may give answer thereunto By our Petition we onely desire our particular Rights and Liberties to be confirmed to us and therefore it is not proper for us in it to mention Soveraign Power in general being altogether impertinent to the matter in the Petition There is a great difference between the words of the Addition and the words proposed therein for reason viz. between just Power which may be conceived to be limited by Laws and Soveraign Power which is supposed to be transcendent and boundless The second Reason delivered by their Lordships was That the King is Soveraign That as he is Soveraign he hath power and that that Soveraign Power is to be left for my part I would leave it so as not to mention it but if it should be expressed to be left in this Petition as it is proposed it must admit something to be left in the King of what we pray or at least admit some Sovergain Power in his Majesty in these Priviledges which we claim to be our Right which would frustrate our Petition and destroy our Right as I have formerly shewed The third Reason given from this Addition was That in the Statute of Articuli super Chartas there is a Saving of the Seigniory of the Crown To which I give these Answers That Magna Charta was confirmed above thirty times and a general Saving was in none of these Acts of Confirmation but in this onely and I see no cause we should follow one ill and not thirty good Precedents and the rather because that Saving produced ill effects that are well known That Saving was by Act of Parliament the conclusion of which Act is that in all those Cases the King did well and all those that were at the making of that Ordinance did intend that the right and Seigniory of the Crown should be saved By which it appears that the saving was not in the Petition of the Commons but added by the King for in the Petition the Kings will is not expressed In that Act the King did grant and depart with to his People divers Rights belonging to his Prerogative as in the first Chapter he granted That the People might choose three men which might have Power to hear and determine Complaints made against those that offended in any point of Magna Charta though they were the Kings Officers and to Fine and Ransome them and in the 8.12 and 19. Chapter of that Statute the King departed with other Prerogatives and therefore there might be some reason of the adding of that Soveraign by the Kings Councel But in this Petition we desire nothing of the Kings Prerogative but pray the enjoying of our proper and undoubted Rights and Priviledges and therefore there is no cause to adde any words which may imply a Saving of that which concerns not the matter in the Petition The fourth Reason given by their Lordships was That by the mouth of our Speaker we have this Parliament declared That it was far from our intention to incroach upon his Majesties Prerogative and that therefore it could not prejudice us to mention the same resolution in an Addition to this Petition To which I Answer That that Declaration was a general Answer to a Message from his Majesty to us by which his Majesty expressed That he would not have his Prerogative straitned by any new Explanation of Magna Charta or the rest of the Statutes and therefore that expression of our Speakers was then proper to make it have reference to this Petition there being nothing therein contained but particular Rights of the Subject and nothing at all concerning his Majesties Prerogative Secondly That Answer was to give his Majesty satisfaction of all our proceedings in general and no man can assign any particular in which we have broken it and this Petition justifies it self that in it we have not offended against the Protestation and I know no reason but that this Declaration should be added to all our Laws we shall agree on this Parliament as well as to this Petition The last Reason given was That we have varied in our Petition from the words of Magna Charta and therefore it was well necessary that a Saving should be added to the Petition I Answer That in the Statute 5 E. 3.25 E. 3.28 E. 3. and other Statutes with which Magna Charta is confirmed the words of the Statute of Explanation differ from the words of Magna Charta it self the words of some of the Statutes of Explanation being that no man ought to be apprehended unless by Indictment or due process of Law and the other Statutes differing from the words of Magna Charta in many other particulars and yet there is no Saving in those Statutes 〈◊〉 much less should there be any in a Petition of Right There are the Answers I have conceived to the Reasons of their Lordships and the
for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation oâ— the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
dares not but give advice to follow where God leads apprehending the work of God in this and that of Hungary That by peece and peece the Kings of the Earth that gave their power to the Beast shall leave the Whore and make her desolate That he was satisfied in Conscience that the Bohemians had just cause to reject that proud and bloody man who had taken a course to make that Kingdom not Elective in taking it by the Donation of another The slighting of the Viscount Doncaster in his Ambassage gave cause of just displeasure and indignation Therefore let not a Noble Son be forsaken for their sakes who regard nothing but their own ends Our striking-in will comfort the Bohemians honor the Palsgrave strengthen the Princes of the Union draw on the United Provinces stir up the King of Denmark and the Palatines two Uncles the Prince of Orange and the Duke of Bouillon together with Tremouille a rich Prince in France to cast in their shares The Parliament is the old and honorable way for raising of Money and all that may be spared is to be turned this way And perhaps God provided the Iewels which were laid up in the Tower by the Mother for the preservation of the Daughter who like a Noble Princess hath professed that she will not leave her self one Iewel rather then not maintain so religious and righteous a Cause Certainly if countenance be given to this Action many brave Spirits will offer themselves Therefore let all our Spirits be gathered up to animate this business that the World may take notice that we are awake when God calls The Life and Zeal of these Expressions from a Person of such Eminency may discover the Judgment and Affection of the Anti-Spanish party in the Court of England But the King was engaged in those ways out of which he could not easily turn himself Besides it did not please him that his Son should snatch a Crown out of the Fire And he was used to say That the Bohemians made use of him as the Fox did of the Cats foot to pull the Apple out of the Fire for his own eating In the mean while before the King could answer the Palsgrave desiring advice in that behalf the Bohemians had wrought and prevailed with him to accept of their Election whereof he sent Advertisement into England excusing the suddenness of the Action for that the urgency of the cause would admit of no deliberation King Iames disavowed the Act and would never grace his Son in Law with the stile of his new Dignity But Sir Richard Weston and Sir Edward Conway were sent Ambassadors into Bohemia to close up the breach between the Emperor and the Elector Palatine The King being not a little troubled and jealous that the Palatines nearness to him might give cause of suspition to his Brother of Spain that this Election had been made by his procurement or correspondence with the German Protestants commands his Agent Cottington to give that King plenary Information of all proceedings As That his Ambassador being sent to compound the differences and to reduce the Bohemians to the quiet obedience of the Emperor instead of finding the Emperor so prepared and such a way made for his Mediation as was promised and expected received answer That the business was already referred to four of the Electors insomuch that no place was left for his Authority to interpose Of this exclusive answer as he had just cause to be sensible considering that he had entred into that Treaty meerly at the instance of the King of Spain and his Ministers so there followed a further inconvenience That the Bohemians having long expected the fruit and issue of this Mediation and finding little hope by this means did instantly as out of desperation Elect the Count Palatine for their King Wherefore being tender of his own honor and reputation especially in the opinion of the King of Spain he would not have it blemished by the least misunderstanding And for that end he tendred to his view such Letters as from time to time he had written to the Princes of the Union and to the Palatine himself whereby he might plainly see his dislike of the Bohemians engaging against their King and his industry to contain those Princes in peace and quietness and to make a fair Accord between the disagreeing parties Reply was made as touching the answer given to the Viscount Doncaster That he was admitted a Compounder in such form as was possible the Arbitration having been committed by the late Emperor into the hands of three of the Electors and the Duke of Bavaria that nevertheless he might have proceeded in the Negotiation and by his Masters Authority have over-ruled any difficulty which might have hapned on the Emperors side on whose behalf the reference was made if he had reduced the Bohemians to the acceptance of any reasonable conditions But he presently to the Emperors great disservice labored to suspend the Election of the King of the Romans till the Bohemian Controversie were first compounded which was absolutely to defeat King Ferdinand of that Crown and to disturb and put in danger his Election to the Empire This was the more confirmed by his desire to make Bonfires in Liege when the Count Palatine was made King of Bohemia As touching the Kings integrity in the whole business the satisfaction tendred was received with great applause and it was further said That it would gain the more authority and estimation if he should continue to disclaim that which had been done so contrary to his opinion and against his Friends and Allies as are all the Princes of the House of Austria But the Lot was cast in Germany and for the Palsgrave there was no going back forces pour in a main on both sides The King of Poland aided the Emperor in Hungary to bound and check the incursions of Prince Bethlem the Duke of Saxony did not brook his Fellow Electors advancement to Regal Majesty and condemned his joyning with Bethlem Gabor Who saith he came in with the Turks consent to make a desolution in the Empire King Frederick visited the several parts of his Kingdom to confirm the people to him and to receive the Oath of Fidelity And the Emperor published a Proscription against him wherein he proclaims him guilty of High Treason excludes him out of the publick peace and declares his resolution to prosecute him as the publick Enemy of the Empire and a contemner of his Imperial Majesty and absolves all his Subjects from their Oaths and Duties to him and commands all persons whatsoever to abandon him and his adherents Christian Prince of Anhalt was appointed Generalissimo of the Bohemian Forces and governed all affairs which was some eclipse and discontent to Thurne and Mansfet who had hitherto stood the shock of the Imperial Armies The Princes of the Union raised forces for the defence of the Palatinate and their own interest
the Ambassadors person as some are said to have done yet for using railing speeches against him calling him Divel or words to that purpose it was His Majesties pleasure that that fellow without any further delay on the morrow in the forenoon be publickly and sharply whipt thorow London beginning at Algate and so through the streets along by the place where the affront was offered towards Fleetstreet and so to Temple-Bar without any manner of favor The people were enraged at Gondomar through a perswasion that he abused the King and State to advance the designs of Spain By means of his power with the King he had transported Ordinance and other warlike Provisions to furnish the Spanish Arsenals and it was believed that he underhand wrought the sending of Sir Rob. Mansel into the Mediterranean Sea to fall upon the Pirates of Algier The Merchants of this Kingdom by them much infested being also induced to move for this Expedition wherein the English fleet performed gallantly and advancing within the reach of Cannon and small shot which from the Land showred like Hail upon them fired the Pirates ships within their own Harbor Nevertheless hereby our Strength was diverted our Treasure exhausted and the Spanish fleet and Merchants secured from those Robbers and Spain left at liberty to assist in subduing the Palatinate In the mean while our Kings Affairs in Germany notwithstanding the many Complaints grew more and more desperate In Bohemia the Emperor having well nigh subdued and setled the Country proceeded to the Tryal and Execution of the Authors of the late Commotions some were condemned to perpetual imprisonment and others to death and the Heads of many eminent persons were fixt on the Towers in Prague and their bodies quartered After this the Emperor began both in Austria and Hungaria to imprison divers that assisted the Bohemians and caused Proces to be made against them The Marquess of Iagerndorfe who stirred in the County of Glatsburgh and raised forces by Commission from the Elector Palatine published Letters against the Executions in Bohemia as cruel and barbarous The Emperor put forth an Answer and said That the Marquess published those things maliciously forasmuch as in Bohemia was the Original sedition and the head that infected the members That some few persons Authors of the troubles not in hatred of their Religion but for their Rebellion have been punished by the hand of Justice And he declared further That the like exemplary Justice should not be done in other places but that the Articles of the Peace should be observed By this time the Parliament having sate about four moneths King Iames was desirous to give them a time of vacancie The Lord Treasurer by the Kings command declared unto the Houses That his Majesty by the advice of his Privy Council thought fit to adjourn the Parliament lest the season of the year by the continual concourse of people should cause Infection Also that the Lieutenans and Justices might be in the Country And the Adjournment keeping the Parliament still in being was better then Proroguing That his Majesty had already redressed corruption in Courts of Justice and by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver-Thread and cherished the Bill against Informers and Monopolies The Commons were troubled at this Message and desired a Conference with the Lords and moved them to petition the King to forbear the Adjournment The King takes notice of it and the Treasurer acquainted the Lords that a Petition of this nature could not be pleasing to his Majesty it seeming to derogate from his Prerogative who alone hath power to call adjourn and determine Parliaments The Commons at a further Conference declared their hearty sorrow and passionate grief at the Kings resolution which they said cut off the performance of what they had consulted and promised for the Publique weal. The Lords sitting in their Robes the King came and made a Speech takes notice of his Message to both Houses and gave their Lordships thanks for obeying the same and acknowledging his power to call adjourn and dissolve Parliaments and for refusing to join with the Commons in the Petition for Non-adjournment And whereas some had given out that no good had been done this Parliament He put them in mind that the two Patents grievous to the Commonwealth were called in and that the Parliament had censured the Offenders for an example to all ages And if they desired it he offered them eight or ten days longer sitting to expedite Bills but said that at the request of the Commons he would not grant it The Lords had a Conference with the Commons after which they moved the King to continue their sitting for fourteen days which was granted and the Commons were satisfied with the resolution of Adjournment A Committee of both Houses afterwards attending the King he told them how ill he took it that the Commons should dispute his reasons of Adjournment all power being in him alone to call adjourn prorogue and dissolve Parliaments And on Iune 4. he declared for an Adjournment till November following And that he will in the mean time of his own authority redress Grievances And his Majesty as General Bishop of the Land did offer his prayers to God for both the Houses and admonished them That when they go into the Country they give his people a good accompt and satisfaction both as to the Proceedings and to the Adjournment of the Parliament The House of Commons immediately before their recess taking to heart the miseries of the Palatinate resolved that the drawing back in so good a Cause should not be charged on their slackness And thereupon drew up this following Declaration with an universal consent THe Commons assembled in Parliament taking into most serious consideration the present state of the Kings Children abroad and the generally afflicted estate of the true Professors of the same Christian Religion professed by the Church of England in Foreign parts And being touched with a true sense and fellow féeling of their distresses as Members of the same Body do with unanimous consent in the name of themselves and the whole body of the Kingdom whom they represent declare unto his most excellent Majesty and to the whole World their hearty grief and sorrow for the same and do not only join with them in their humble and devout prayers unto Almighty God 〈◊〉 protect his true Church and to avert the dangers now threatned but also with one heart and voice do solemnly protest That if His Maiesâ—â—â— pious endeavors by Treaty to procure their peace and safety shall not take that good effect which is desired in Treaty Wherefore they humbly beseech His Majesty not to suffer any longer delay That then upon signification of His Majesties pleasure in Parliament they shall be ready to the utmost of their powers both with their lives and fortunes to assist him so as that by the Divine
help of Almighty God which is never wanting unto those who in his fear shall undertake the Defence of his own Cause He may be able to do that with his sword which by a peaceable course shall not be effected After the recess of Parliament the King by Proclamation declared his Grace to his Subjects in matters of Publique Grievance And taking notice that many great affairs debated in Parliament could not be brought to perfection in so short a time And that the Commons thought it convenient to continue the same Session in course of Adjournment And withall observing that divers of those Particulars required a speedy determination and settlement for his peoples good and that they are of that condition and quality as that he needeth not the assistance of Parliament to reform the same and would have reformed them before the Parliament if the true state of his Subjects Grievances had been made known unto him He hath determined and doth declare an immediate redress therein by his own Regal authority as in the business of Informers of Miscarriages of Ministers in Chancery of the Patents for Gold and Silver-Thread for Licensing Pedlers and Petty-Chapmen for the sole Dressing of Arms for the Exportation of Lists and Shreds and for the sole making of Tobacco-pipes Cards and the like And besides the redress of these Grievances he will enlarge his grace unto other kindes for the Subjects ease And that both his own and the ears of his Privy-Council shall be open to his Peoples modest and just Complaints Moreover a second Proclamation was issued forth against Excess of Licentious speech touching State-affairs For notwithstanding the strictness of the Kings former Command the Peoples inordinate liberty of unreverend speech increased daily Wherefore the King threatned severity as well against the Concealers of such Discourses as against the boldness of Audacious Tongues and Pens On the Tenth of Iuly Iohn Williams Doctor of Divinity and Dean of Westminster was sworne Keeper of the Great Seal of England The King was plyed from Spain and Rome to enlarge his favors to Popish Recufants For reports were then brought to Rome That the Catholicks of England Scotland and Ireland were cruelly used And besides this there went a rumor that King Iames in a Speech in Parliament had declared That notwithstanding the Marriage with Spain the English Catholicks should not be one jot in better condition But the King said no more then this That if any of that party did grow insolent let his People count him unworthy to reign if he gave not extraordinary punishment Thus was the King entangled in the ways which he had chosen For it was not possible for him at once to please his People and to satisfie his Foreign Interests About the same time the Lord Digby who was sent Ambassador to the Emperor had Audience at Vienna The principal heads of his Embassie were these That the Elector Palatine and the Children of the King of Great Britain his Master might be received into the Emperors favor and restored to all their Hereditary Goods and the Prince Elector himself to the Title which he enjoyed before the troubles of Bohemia That the Ban Imperial published against him should be revoked and the execution thereof suspended which being done the King of Great Britain will undertake that the Palatine shall render due obedience to his Imperial Majesty and submit to Conditions meet and honest To these Demands he received Answer That the Emperor had a very good will to gratifie the King of Great Britain and those other Kings and Princes that had made the same request for the Palatine But he could not grant it because the Palatine to this hour useth the Counsels of many of the Electors and Princes in opposition to the Emperor And when the Emperor had agreed to a Cessation of Arms according to the desires of the King of Great Britain and had ordered the suspending of all Hostility in the Lower Palatinate at the same time the Palatine gave Commission to raise Forces and do acts of Hostility which was put in execution by Count Mansfeld and Marquis Iagerndorf to begin new troubles in Bohemia Silesia and Moravia Nevertheless the Emperor having appointed an Assembly to meet at Ratisbone will there make known the desires of the King of Great Britain who shall know what Resolution is there taken concerning the Palatine Albert Archduke of Flanders at the request of King Iames had made intercession for the Palsgrave After his decease the Archduchess his wife continued the same mediation by Letters to the Emperor And withall the Kings Ambassador further proposed these Conditions for a Cessation of Arms and a Suspension of the Ban Imperial That Mansfeld and Iagerndorf shall observe the Agreement otherwise the Prince Palatine shall revoke their Commissions and declare them his Enemies and that their Garrisons in Bohemia shall be rendred to the Emperor The Emperor answered the Archduchess That the Archduke her husband in his life-time had exceedingly recommended the Interposition of the King of Great Britain and the great prudence of that King in not approving the Actions of the Palatine Which Recommendation as to a Treaty and Cessation of Arms he shall entertain and consult thereupon with the Deputies of the Electors and Princes of the Empire The English Ambassador departed from Vienna to the Duke of Bavaria who had then entred the Upper Palatinate and had published the Emperors Declaration against Mansfeld and his Adherents and exhorted the States and Princes there to execute the same and the rather for that he had not heard of any King Elector Prince or State no not so much as the King of Great Britain that had approved the seditious Revolt of the Bohemians except some few States and Princes who for interest did countenance the same The Ambassador found the Bavarian acting hostility and committing great spoils in the Country and resolving to reject all Propositions of Peace or Cessation Nor could the Emperor agree upon any Truce without the Duke of Bavaria First in respect of his agreement neither to make War or Peace without the consent of the said Duke which happened because upon the former Truce made with the Archduke the Soldiers that were in the Lower Palatinate and wanted employment came up into the Higher Palatinate to Count Mansfeld and much infested the Duke of Bavaria Secondly in regard the Duke of Bavaria had a great part of Austria in pledge for his satisfaction Thirdly because the Emperor was barred from all other passages but through Bavaria by Bethlem Gabor Jagerndorf and Budiani And the Duke upon receipt of the Emperors Letter touching the Truce sent the Lord Digby a deriding Answer That there was no need to labor for a Truce for the Wars were at an end in that he agreed with Count Mansfeld nor did he doubt of keeping both Palatinates in peace till the Emperor and Palsgrave were agreed So the King
received but a slender return of the Lord Digby's Embassie to the Emperor for the restoring of the Elector Palatine But the Emperors full meaning in the business may be found at large in his own Letter to Don Baltazar de Zuniga a prime Councellor of State in Spain to be by him represented to the King his Master to this effect THat beholding the admirable providence of God over him he is bound to use that most notable Victory to the honor of God and the extirpation of all Seditions and Factions which are nourished chiefly among the Calvinists lest that Iudgment which the Prophet threatned the King of Israel should fall upon him Because thou hast dismissed a man worthy of death thy soul shall be for his soul. The Palatine keeps now in Holland not only exiled from the Kingdom which he rashly attempted but despoiled almost of all his own Territories expecting as it were the last cast of Fortune whom if by an impious kind of commiseration and his subtile petitioning he shall be perswaded to restore and nourish in his bosom as a trodden half-living snake what can he expect less then a deadly sting from him who in regard of his guilt can never be faithful but will alway gape for occasions to free himself from his fears and the genius of whose sect will make him an Enemy or an unsound Friend to the House of Austria and all other Catholick Princes Wherefore firmly casting in his minde that the Palatine cannot be restored He hath freely offered the Electorate to the Duke of Bavaria a most eager Defender of the Catholick cause by which means the Empire will always remain in the hand of Catholicks and so by consequence in the House of Austria And in so doing he shall take away all hope from the Palatine and those that sollicite so importunately for his restitution And it is to be hoped that the Lutheran Princes especially the Duke of Saxony will not so far disallow this translation as to take up Arms seeing Charls the Fifth upon a far lighter cause deprived John Frederick Duke of Saxony of the Electorate and conferred it on Maurice this Dukes great Uncle Besides no less is the Lutherans hatred of the Calvinists then of the Catholicks Such were the effects which the Kings Treating had wrought with the Emperor The Parliament that was to meet November the Fourteenth the King by Proclamation adjourned to the Eighth of February and expressed the cause to be the unseasonableness of the time of the year But this long Recess was shortned and the King declared That upon Important Reasons he had altered his former Resolutions and did adjourn it for no longer time then from the Fourteenth to the Twentieth of this instant November Upon which day it Reassembled and the King being absent by reason of his indisposition in health commanded a Message to be delivered to both Houses by the Lord Keeper the Lord Digby and the Lord Treasurer In the first place he acquainted the Two Houses with His Majesties indisposition of health which was the occasion of his absence at the opening of the Parliament yet he could not say he was absent so long as he was represented by a Son who was as dear to the Kingdom as to His Majesty As to the occasion of calling the Parliament by way of Antecedent he took notice of several effects of His Majesties gracious care over the Nation since the last Recess of the Parliament in His Majesties answering several Petitions concerning Trade Importation of Bullion Conservation of Coyn in the Land and prohibiting the Transportation of Iron Ordinance and that His Majesty by His Proclamation reformed Thirty six or thirty seven several matters complained of as Publick Grievances all of them without the least Trucking or Merchandising with the People a thing usual in former times He further said That His Majesty did principally fix the occasion of the calling a Parliament upon the Declaration Recorded and divulged far and near by the Representative Communalty of this Kingdom to assist His Majesty to carry on the War to recover the Palatinate yet withal his Lordship gave an account how His Majesty was since the last Parliament encouraged to travel a little longer in his pious endeavors to procure a peace by way of Treaty and that the Lord Digby was sent Ambassador upon that occasion and since returned but not with such success as was to be hoped for He minded both Houses of one Heroical Act of His Majesties since the last Parliament in the advancement of Forty thousand pounds to keep together a Body of an Army in the Lower Palatinate which otherwise had been dissolved before this Parliament could be assembled And that unless the Parliament take further resolution and imitate rather Ancient then Modern principles and be expeditious in what they do the Army in the Palatinate will fall to the ground And lastly Told them that His Majesty did resolve that this Parliament should continue till seven or eight days before the Festivals and to be renewed again the eighth of Februaâ—â— to continue for the Enacting of Laws and Perioding of things of Reformation as long as the necessity of the State shall require the same After the Lord Keeper had done the Lord Digby having received a Command from His Majesty to that purpose gave a brief account of his Negotiation with the Archduke about the Treaty of Peace how the Archduke consented thereunto and writ accordingly to the Emperor and the King of Spain of his proceedings who also writ to Spinola for a Cessation of Arms the Archduke having the Command of the Spanish forces in Germany but the Duke of Bavaria would not consent thereunto and the Lord Digby informed the two Houses that by the carriage of the Duke of Bavaria and by other circumstances he did evidently discover That from the beginning that Duke affected to get unto himself the Palatinate and the Title of Elector He further declared That if Count Mansfield was not speedily supplied he could not keep his Army together Then he gave an account how bravely Sir Horatio Vere had behaved himself in the Palatinate and that by his wisdom and valor there was kept from the enemy Heidelburg Mainheim and Frankendale the last of which places had then endured a moneths siege He also spoke Honorably of Capt. Burroughs and concluded That the fittest Redress was to furnish and keep up the Army already there which must be done by supplies of Money and more Forces must be prepared against the next Spring that we may have there an Army of our own for the strengthning of the Palatinate and encouragement of the Princes of the Union Then the Lord Treasurer spake and acquainted both Houses how empty the Kings Coffers were and how he had assisted the Palatine and Princes of the Union with great sums which had exhausted his Treasure and that His Majesty was much in debt Nevertheless though the King
declared for War he pursued Peace and resolved to close with Spain hoping to heal the Breach by that Alliance The House of Commons before they granted Subsides resolved to try the Kings Spirit by this Petition and Remonstrance which laid open the distempers of those times with their causes and cures Most Gratious and Dread Soveraign WE Your Majesties most Humble and Loyal Subjects the Knights Citizens and Burgesses now Assembled in Parliament who represent the Commons of Your Realm full of hearty sorrow to be deprived of the Comfort of Your Royal Presence the rather for that it proceeds from the want of Your health wherein we all unfeignedly do suffer In all humble manner calling to minde Your Gracious Answer to our former Petition concerning Religion which notwithstanding Your Majesties Pious and Princely intentions hath not produced that good effect which the danger of these times doth séem to us to require And finding how ill Your Majesties goodness hath béen requited by Princes of different Religion who even in time of Treaty have taken opportunity to advance their own ends tending to the subversion of Religion and disadvantage of Your Affairs and the Estate of Your Children By reason whereof Your ill affected Subjects at home the Popish Recusants have taken too much encouragement and are dangerously increased in their number and in 〈◊〉 insolencies We cannot but be sensible thereof and therefore humbly represent what we conceive to be the causes of so great and growing Mischeifs and what be the Remedies I. The Uigilancy and Ambition of the Pope of Rome and his dearest Son the one aiming at as large a Temporal Monarchy as the other at a Spiritual Supremacy II. The Devillish Positions and Doctrines whereon Popery is built and taught with Authority to their Followers for advancement of their Temporal ends III. The distressed and miserable estate of the Professors of true Religion in Foreign parts IV. The Disasterous accidents to Your Majesties Children abroad expressed with rejoycing and even with contempt of their persons V. The strange Confederacy of the Princes of thâ— Popish Religion aiming mainly at the advancement of theirs and subverting of ours and taking the advantages conducing to that end upon all occasions VI. The great and many 〈◊〉 raised and maintained at the charge of the King of Spain the 〈◊〉 of that League VII The expectation of the Popish Recusants of the Match with Spain and féeding themselves with great hopes of the consequences thereof VIII The interposing of Forein Princes and their Agents in the behalf of Popish Recusants for connivance and favor unto them IX Their open and usual resort to the Houses and which is worse to the Chappels of Foreign Ambassadors X. Their more then usual concourse to the City and their frequent Conventicles and Conferences there XI The education of their Children in many several Seminaries and Houses of their Religion in Forein parts appropriated to the English Fugitives XII The Grants of their just Forfeitures intended by Your Majesty as a Reward of Service to the Grantees but beyond Your Majesties intention transferred or compounded for at such mean rates as will amount to little less then a Toleration XIII The Licentious Printing and dispersing of Popish and Seditious Books even in the time of Parliament XIV The swarms of Priests and Iesuits the Common Incendiaries of all Christendom dispersed in all parts of your Kingdom And from these causes as bitter Roots we humbly offer to Your Majesty That we foresée and fear there will necessarily follow very dangerous effects both to Church and State For I. The Popish Religion is incompatible with ours in respect of their Positions II. It draweth with it an unavoidable dependency on Forein Princes III. It openeth too wide a gap for Popularity to any who shall draw too great a party IV. It hath a restless spirit and will strive by these Gradations if it once get but a connivancy it will press for a Toleration if that should be obtained they must have an equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies against these growing Evils which in all Humility we offer unto Your most Excellent Majesty are these I. That séeing this inevitable necessity is faln upon Your Majesty which no Wisdom or Providence of a peaceable and pious King can 〈◊〉 Your Majesty would not omit this just occasion spéedily and eâ—â—ectually to take Your Sword into Your hand II. That once undertaken upon so honorable and just grounds Your Majesty would resolve to pursue and more publickly avow the aiding of those of our Religion in Forein parts which doubtless would reunite the Princes and States of the Union by these disasters disheartned and disbanded III. That Your Majesty would propose to Your Self to manage this War with the best advantage by a diversion or otherwise as in Your déep judgment shall be found fittest and not to rest upon a War in these parts onely which will consume Your Treasure and discourage Your People IV. That the bent of this 〈◊〉 and point of Your Sâ—â—â—d may be against that Prince whatsoever opinion of potency he hath whose Armies and Treasures have first diverted and since maintained the War in the Palatinate V. That for securing of our Peace at home Your Majesty will be pleased to review the parts of our Petition formerly delivered unto Your Majesty and hereunto annexed and to put in execution by the care of choice Commissioners to be thereunto especially appointed the Laws already and hereafter to be made for preventing of dangers by Popish Recusants and their wonted evasions VI. That to frustrate their hopes for a future age our most Noble Prince may be timely and happily married to one of our own Religion VII That the Children of the Nobility and Gentry of this Kingdom and of others ill-affected and suspected in their Religion now beyond the Seas may be forthwith called home by your means and at the charge of their Parents or Governors VIII That the Children of Popish Recusants or such whose Wives are Popish Recusants be brought up during their Minority with Protestant Schoolmasters and Teachers who may sow in their tender years the Séeds of true Religion IX That Your Majesty will be pleased spéedily to revoke all former Licences for such Children and Youth to travel beyond the Seas and not grant any such Licence hereafter X. That Your Majesties Learned Council may receive Commandment from Your Highness carefully to look into former Grants of Recusants Lands and to avoid them if by Law they can and that Your Majesty will stay Your Hand from passing any such Grants hereafter This is the sum and effect of our humble Declaration which we no ways intending to press upon Your Majesties undoubted and Regal Prerogative do with the fulness of our Duty and Obedience humbly submit to Your most Princely consideration The glory of God whose cause it is
not what way they take to become masters of them sleighting the latter day of Judgment so they may rest secured from yielding any account in this World I have no more to say but that God would be pleased to incline our hearts to do that which may be most for his glory next for the Kings service then for the Countreys happiness To the Doubts which the King propounded the Parliament gave Solution by a Committee of both Houses in the Declaration following delivered by the Archbishop of Canterbury with this Introduction May it please your Sacred Majesty WE are come to you again from your most Faithful Subjects and Loyal Servants the Lords and Commons assembled in this present Parliament And first We humbly let your Majesty know how much we hold our selves bounden unto Almighty God that he hath sent a King to rule and reign over us who is pleased in the greatest and weightiest causes to speak and to be spoken to in Parliament by his good and loving people which causeth the King to understand them over whom he beareth rule and them again to understand him And is a true Bond that tieth the heart of the Sovereign to the Subject and of the Subject reciprocally to their Leige Lord and Sovereign And next we rejoyce that your Majesty hath shewed your self sensible of the insincerity of the King of Spain with whom of late you have had a double Treaty and of the indignities offered by them unto your Blessed Son the Prince and to your Royal Daughter And that your Kingly heart is filled with an earnest desire to make Reparation to her noble Consort and her self of the Palatinate their Patrimonial Possession which is agréeable to Iustice and to all Laws of God and Man For the effecting whereof to certifie with what alacrity with what expediteness and uniformity of heart both your Houses of Parliament in the name of your whole Kingdom have borne themselves unto your Majesty with offer to give their Royal assistance we have digested it into writing lest by the verbal or vocal Delivery of any person it may miscarry or the expression of our zeal be weakned or diminished Which we humbly pray your Majesty to give leave to be read unto you Most Gratious Sovereign WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled Do first render to your Sacred Majesty our most dutiful thanks for that to our unspeakable comfort you have vouchsafed to express your self so well satisfied with our late Declaration made unto your Majesty of our general Resolution in pursuit of our humble Advice to assist your Majesty in a Parliamentary way with our persons and abilities And whereas your Majesty in your great Wisdom and Iudgment foreséeing that it will make a déeper Impression both in the Enemies of that Cause and in your Friends and Allies if they shall not onely hear of the chearful Offers but also sée the real Performance of your Subjects towards so great a Work Your Majesty was pleased to descend to a particular Proposition for the Advancing of this great business We therefore in all humbleness most ready and willing to give your Majesty and the whole World an ample Testimony of our sincere and dutiful Intensions herein Upon mature Advice and Deliberation as well of the weight and importance of this great Affair as of the present Estate of this your Kingdom the Weal and Safety whereof is in our Iudgments apparently threatned if your Majesties Resolution for the dissolving of the Treaties now in question be longer deferred and that Provision for defence of your Realm and aid of your Friends and Allies be not seasonably made have with a chearful consent of all the Commons no one Dissenting and with a full and chearful Consent of the Lords resolved That upon your Maiesties Publick Declaration for the Dissolution and utter Discharge of both the said Treaties of the Marriage and of the Palatinate in pursuit of our Advice therein and towards the support of that War which is likely to ensue and more particularly for those Four Points proposed by your Majesty namely For the Defence of this your Realm the securing of Ireland the assistance of your Neighbors the States of the United Provinces and other your Majesties Friends and Allies and for the setting forth of your Royal Navy We will grant for the present the greatest Aid which ever was given in Parliament That is to say Thrée intire Subsidies and thrée Fiftéens to be all paid within the compass of one whole year after your Majesty shall be pleased to make the said Declaration the Money to be paid into the hands and expended by the direction of such Committées or Commissioners as hereafter shall be agréed upon at this present Session of Parliament And we most humbly beséech your Majesty to accept of these first-fruits of our hearty Oblation dedicated to that work which we infinitely desire may prosper and be advanced And for the future to rest confidently assured That we your loyal and loving Subjects will never fail in a Parliamentary way to assist your Majesty in so Royal a design wherein your own honor and the honor of your most Noble Son the Prince the antient renown of this Nation the welfare and very subsistence of your Noble and onely Daughter and her Consort and their Posterity the safety of your own Kingdom and People and the prosperity of your Neighbors and Allies are so déeply engaged Herunto his Majesty replied My Lords and Gentlemen all I Have nothing to say to the Preamble of my Lord of Canterbury but that he intimated something in it which I cannot allow of For whereas he said I have shewed my self sensible of the insincerity of those with whom I had lately to deal and of the indignity offered to my Children In this you must give me leave to tell you that I have not expressed my self to be either sensible or insensible of the good or bad dealing It was Buckinghams Relation to you which touched upon it by it you must not bar me nor make Iupiter speak that which Iupiter speaks not For when I speak any such thing I will speak it with that reason and back it with that power which becomes a King As for the matter of the Declaration unto my Demands which you have couched in that Paper which I now heard read unto me I confess it is without example that any King hath had such an offer And with your favor I need fear nothing in this World having so much the hearts of my people For the large offer of assistance I hold it to be more then Millions of Subsidies and indeed it is an ample reward for the trust and freedom which I have used with you But my Lords and Gentlemen you must give me leave on the one side to consider the possibility of the action For in this case I must do as a man that maketh a
sorts of persons might partake of the Publick Joy Prisoners for Debts were set at liberty and Pardon was granted to several Criminals as an earnest of the Kings respect and love to his Sister after this new Alliance The Duke of Buckingham was sent into France to his Christian Majesty to send away the Wife to the King of Great Britain and to be her Convoy He arrived at Paris the 24. of May with the Earl of Montgomery and other English Lords and was lodged in the Palace of the Duke of Chevereux who with his Lady was to conduct the Queen into England there to render her to the King her Husband During the seven days stay which the Duke made at Park the Feastings and Rejoicings were renewed and multiplied Bonfires shining and Canons playing but none did equalize the Feast that was made by the Cardinal of Richelieu The Second of Iune was the time appointed for our Queens departure The King of France sent to the Towns in her way to render her Majesty all due honors as if it were to himself The King of England having notice that the Queen was gone from Amiens sent a Royal Navy to Boloign to transport her the Fleet saluted the Town with a hundred peece of Canon Among other great Ladies the Duchess of Buckingham was sent to kiss the Queens hands as from the King her Husband desiring her to take her own time of coming over with most conveniencie to her own person The 22. of Iune New Stile the Queen imbarqued at Boloign and within Twenty four hours arrived at Dover And as the King was preparing to receive her she sent to his Majesty to desire him not to come till the morrow because she had been somewhat indisposed at Sea She passed that night at Dover and the next day about Ten of the clock the King was there with the Flower of the Nobility and after some Complements past caused every-body to retire and they were half an hour together in the Closet Thence his Majesty conducted the Queen to Canterbury and the same evening the Marriage was there consummated Then the Queen in testimony of her respect and love to the King her Husband made it her first suit as afterwards the King made known That he would not be angry with her for her faults of Ignorance before he had first instructed her to eschew them For that she being young and coming into a strange Country both by her years and ignorance of the Customs of the Nation might commit many Errors And she desired him in such cases to use no Third person but by himself to inform her when he found she did ought amiss The King granted her request and thanked her for it desiring her to use him even as she had desired him to use her which she willingly promised The Knights and Gentlemen of Kent together with the Trained Bands were by Order of the Council commanded to attend and receive the Queen at the most convenient places as she passed in such solemn manner and equipage as beseemed the dignity of his Majesty and the quality of her person Likewise the Magistrates of the Cities and Towns were commanded to attend at her passage in such Formalities as are used in principal and extraordinary Solemnities On the Sixteenth of Iune the King and Queen came both to London Great preparations were made and intended for her Majesties reception but the Plague then increasing those Ceremonies were laid aside A Chappel at Somerset-house was built for the Queen and her Family with Conveniencies thereunto adjoining for Capuchin-Friers who were therein placed and had permission to walk abroad in their Religious habits Thence-forward greater multitudes of Seminary-Priests and Iesuites repaired into England out of Forein parts This Summer the Pestilence raged in London At the entrance of the late King there was a great Plague in the City but this was far greater and the greatest that ever was known in the Nation For which cause a great part of Trinity-Term was adjourned from the First Return to the Fourth by the advice of the Privy-Council and the Justices of the Courts at Westminster and some few days in the beginning and ending thereof were holden for the better expediting and continuing of Causes and Suits and the returning and suing out of Processes and such like business as might be done in the absence of the Parties by their Attornies On the Eighteenth day of Iune the Parliament began at Westminster The King being placed in his Royal Throne the Lords sitting in their Robes the Commons also being present his Majesty spake thus I Thank God that the Business to be treated on at this time is of such a nature that it needs no Eloquence to set it forth For I am neither able to do it neither doth it stand with my Nature to spend much time in words It is no new business being already happily begun by my Father of blessed memory who is with God therefore it needeth no Narrative I hope in God you will go on to maintain it as freely as you advised my Father to it It is true He may seem to some to have been slack to begin so just and so glorious a work but it was his wisdom that made him loth to begin a work until he might find a means to maintain it But after that he saw how much he was abused in the confidence he had with other States and was confirmed by your Advice to run the Course we are in with your Engagement to maintain it I need not press to prove how willingly he took your Advice for the Preparations that are made are better able to declare it then I to speak it The assistance of those in Germany the Fleet that is ready for action with the rest of the Preparations which I have only followed my Father in do sufficiently prove that he entred into this Action My Lords and Gentlemen I hope that you do remember that you were pleased to imploy me to advise my Father to break off those two Treaties that were on foot so that I cannot say that I came hither a free unengaged man It 's true I came into this business willingly and freely like a Young man and consequently rashly but it was by your interest your engagement So that though it were done like a Young man yet I cannot repent me of it and I think none can blame me for it knowing the love and fidelity you have borne to your King having my self likewise some little experience of your affections I pray you remember that this being my first Action and begun by your Advice and intreaty what a great Dishonor it were to you and me if this Action so begun should fail for that Assistance you are able to give me Yet knowing the constancie of your love both to me and this Business I needed not to have said this but only to shew what care and sense I have
of your Honors and mine own I must intreat you likewise to consider of the Times we are in how that I must adventure your lives which I should be loth to do should I continue you here long and you must venture the Business if you be slow in your resolutions Wherefore I hope you will take such grave Counsel as you will expedite what you have in hand to do Which will do me and your selves an infinite deal of honor You in shewing your love to me and me that I may perfect that work which my Father hath so happily begun Last of all Because some malicious men may and as I hear have given out that I am not so true a Keeper and Maintainer of the true true Religion that I profess I assure you that I may with S. Paul say that I have been trained up at Gamaliels feet And although I shall be never so arrogant as to assume unto my self the rest I shall so far shew the end of it that all the World may see that none hath been nor ever shall be more desirous to maintain the Religion I profess then I shall be Now because I am unfit for much speaking I mean to bring up the fashion of my Predecessors to have my Lord Keeper speak for me in most things Therefore I have commanded him to speak something unto you at this time which is more for formality then any great matter he hath to say unto you Then the Lord Keeper Coventry declared That the Kings main reason of calling the Parliament besides the beholding of his Subjects faces was to mind them of the great Engagements for the Recovery of the Palatinate imposed on his Majesty by the late King his Father and by themselves who brake off the two Treaties with Spain Also to let them understand That the succeeding Treaties and Alliances the Armies sent into the Low-Countries the repairing of the Forts and the Fortifying of Ireland do all meet in one Centre The Palatinate And that the Subsidies granted the last Parliament are herein already spent whereof the Accompt is ready together with as much more of the Kings own Revenue His Lordship further commended three Circumstances First The Time All Europe being at this day as the Pool of Bethesda the first stirring of the waters must be laid hold on Wherefore his Majesty desires them to bestow this Meeting on him or rather on their Actions and the next shall be theirs as soon and as long as they please for Domestick business Secondly Supply If Subsidies be thought too long and backward his Majesty desires to hear and not to propound the way Thirdly The Issue of Action which being the first doth highly concern his Majesties Honor and Reputation for which he relies upon their Loves with the greatest confidence that ever King had in his Subjects witness his Royal Poesie Amor Civium Regis Munimentum And he doubts not but as soon as he shall be known in Europe to be their King so soon shall they be known to be a loving and loyal Nation to him Iune 21. The Commons presented Sir Thomas Crew Knight and Serjeant at Law for their Speaker who was also Speaker in the last Parliament of King Iames and his Majesty approved the Choice After the House of Commons had setled their General Committees there were various Debates amongst them Some insisted upon the Grievances mentioned but not redressed by King Iames in the last Parliament others pressed for an accompt of the last Subsidies granted for recovery of the Palatinate others for the putting of Laws in execution against Priests and Jesuits and such as resorted to Ambassadors Houses and the questioning of Mr. Richard Montague for his Book intituled An Appeal to Caesar which as they said was contrived and published to put a jealousie between the King and his well-affected Subjects and contained many things contrary to the Articles of Religion established by Parliament and that the whole frame thereof was an encouragement to Popery Others again declared how the King no sooner came to the Crown but he desired to meet his people in Parliament it being the surest way to preserve a right understanding between him and them that since he began to reign the Grievances are few or none and when he was Prince he was observed to be very instrumental in procuring things for the Subjects benefit Wherefore it will be the wisdom of this House to take a course to sweeten all things between King and People and to express their duty to the King by giving Supply and therewith to offer nothing but a Petition for Religion that Religion and Subsidies may go hand in hand And whatsoever they did it was needful to do it quickly considering how greatly the Plague increased and the Bell was tolling every minute while they were speaking The Commons moved the Lords to joyn in a Petition to the King for a Publick Fast whereunto their Lordships readily concurred and the King consenting a Proclamation was issued forth for a Fast throughout the Kingdom Several particular Committees were appointed One to enquire of the Subsidies given the last Parliament another to consider of Tonnage and Poundage The Imposition on Wines was Voted upon the Merchants Petition to be presented as a Grievance Sir Edward Cook went to the House of Peers with a Message from the Commons desiring their concurrence in a Petition concerning Religion and against Recusants which being agreed unto and presented to the King his Majesty answered That he was glad that the Parliament was so forward in Religion and assured them they should finde him as forward that the Petition being long could not be presently answered Mr. Richard Montague was brought to the Bar of the Commons House for his fore-named Book This Cause began in the One and twentieth of King Iames when he had published a former Book which he named A New Gagg for an Old Goose in answer to a Popish Book entituled A Gagg for the New Gospel The business was then questioned in Parliament and committed to the Archbishop of Canterbury and ended in an Admonition given to Montague Afterwards the Bishops of the Arminian Party consulting the Propagation of the Five Articles condemned in the Synod of Dort concluded that Mr. Montague being already engaged in the quarrel should publish this latter Book at first attested by their Joynt-Authorities which afterwards they withdrew by subtilty having procured the Subscription of Doctor Francis White whom they left to appear alone in the Testimony as himself ofttimes complained publickly The Archbishop disallowed the Book and sought to suppress it nevertheless it was Printed and Dedicated unto King Charles whereby that party did endeavor to engage him in the beginning of his Reign The House appointed a Committee to examine the Errors therein and gave the Archbishop thanks for the admonition given to the Author whose Books they Voted to be contrary to the Articles established by
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
not but to give you an honest accompt of all my Actions herein And if I shall first to my grave I desire if you find me cleer the reputation of an Honest man and an English-man may attend me thereunto Thus I rest Your dutiful and humble Servant SAMUEL TURNER To the Honorable Sir Henage Finch Speaker of the House of Commons The Monday following Sir W. Walter if the Name be not miswritten in our Collections represented to the House That the Cause of all the Grievances was for that according as it was said of Lewis the Eleventh King of France All the Kings Council rides upon one horse And therefore the Parliament was to advise his Majesty as Iethro did Moses to take unto him Assistants with these qualities 1. Noble from among all the People not Upstarts and of a Nights growth 2. Men of Courage such as will execute their own Places and not commit them to base and undeserving Deputies 3. Fearing God who halt not betwixt two opinions or incline to False worship in respect of a Mother Wife or Father 4. Dealing truly for Courtship Flattery and Pretence become not Kings Councellors but they must be such as the King and Kingdom may trust 5. Hating Covetousness No Bribers nor Sellers of Places in Church or Commonwealth much less Honors and Places about the King and least of all such as live upon other mens ruines 6. They should be many set over Thousands Hundreds Fifties and Tens one Man not ingrossing all Where there is abundance of Counsel there is Peace and Safety 7. They must judge of small matters the greater must go to the King himself not all to the Council much less any one Counsellor must alone manage the whole weight but Royal actions must be done only by the King 8. Lastly Moses chose them Elders not Young men Solomon by miracle and revelation was wise being young but neither his Son nor his young Counsellors had that priviledge No more is it expected in any of our Counsellors until by age and experience they have attained it Sir Iohn Elliot continued the Debate and thus spake WE have had says he a representation of great fear but I hope that shall not darken our understandings There are but two things considerable in this business First the Occasion of our Meeting and secondly the present State of our own Country The first of these we all know and it hath at large been made known unto us and therefore needeth no dispute The latter of these we ought to make known and draw and shew it as in a Perspective in this House For our wills and affections were never more clear more ready as to his Majesty but perhaps bauk'd and check'd in our forwardness by those the King intrusts with the affairs of the Kingdom The last Action was the Kings first Action and the first Actions and Designs of Kings are of great observance in the eye of the World for therein much dependeth the esteem or disesteem of their future proceedings And in this Action the King and Kingdom have suffered much dishonor We are weakned in our strength and safety and many of our men and ships are lost This great Design was fixed on the person of the Lord General who had the whole Command both by Sea and Land And can this great General think it sufficient to put in his Deputy and stay at home Count Mansfield's Actions were so miserable and the going out of those men so ill managed as we are scarce able to say they went out That handful of men sent to the Palatinate and not seconded what a loss was it to all Germany We know well who had then the Kings ear I could speak of the Action of Algier but I will not look so far backward Are not Honors now sold and made despicable Are not Judicial Places sold and do not they then sell Justice again Vendere jure potest emerat ille prius Tully in an Oration against Verres notes That the Nations were Suitors to the Senate of Rome that the Law De pecuniis repetundis might be recalled Which seems strange that those that were Suitors for the Law should seek again to repeal it but the reason was it was perverted to their ill So it is now with us besides inferior and subordinate persons that must have Gratuities they must now feed their great Patrons I shall to our present Case cite two Presidents The first is 16 H. 3. The Treasure was then much exhausted many Disorders complained on the King wronged by some Ministers many Subsidies were then demanded in Parliament but they were denied And then the Lords and Commons joined to desire the King to reassume the Lands which were improvidently granted and to examine his great Officers and the Causes of those Evils which the People then suffered This was yielded unto by the King and Hugo de Burgo was found faulty and was displaced and then the Commons in the same Parliament gave Supply The second President was in the Tenth year of Richard the Second Then the Times were such and Places so changeable that any great Officer could hardly sit to be warmed in his Place Then also Monies had been formerly given and Supply was at that Parliament required but the Commons denied Supply and complained that their Monies were misimployed That the Earl of Suffolk then overruled all and so their Answer was They could not give And they petitioned the King that a Commission might be granted and that the Earl of Suffolk might be examined A Commission at their request was awarded and that Commission recites all the Evil then complained of and that the King upon the Petition of the Lords and Commons had granted that Examination should be taken of the Crown-Lands which were sold of the Ordering of his Houshold and the Disposition of the Jewels of his Grandfather and Father I hear nothing said in this House of our Jewels nor will I speak of them but I could wish they were within these walls We are now in the same case with those former Times we suffer alike or worse And therefore unless we seek redress of these great Evils we shall find disability in the wills of the People to grant I wish therefore that we may hold a dutiful pursuance in preparing and presenting our Grievances For the Three Subsidies and Three Fifteens which are proposed I hold the proportion will not suit with what we would give but yet I know it is all we are able to do or can give and yet this is not to be the stint of our affections but to come again to give more upon just occasions In the heat of these Agitations the Commons notwithstanding remembred the Kings Necessities and took the matter of Supply into consideration and Voted Three Subsidies and Three Fifteens to be paid the last day of Iune and the last of October next following and that the Act be brought in as soon as Grievances are
and spun out two days time It was managed by Eight Members and Sixteen more as Assistants The Eight cheif managers were Sir Dudley Diggs Mr. Herbert Mr. Selden Mr. Glanvile Mr. Pym Mr. Sherâ—and Mr. Wandesford and Sir Iohn Elliot Sir Dudley Diggs by way of Prologue made this Speech My Lords THere are so many things of great importance to be said in very little time to day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical Affectations I onely in plain Country Language humbly pray your Lordships favor to include many excuses necessary to my manifold infirmities in this one word I am Commanded by the Knights Citizens and Burgesses of the Commons House to present to your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great Wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upon this occasion The House of Commons by a fatal and universal Concurrence of Complaints from all the Sea-bordering parts of this Kingdom did finde a great and grievous interruption and stop of Trade and Traffick The base Pirates of Sally ignominiously infesting our Coasts taking our Ships and Goods and leading away the Subjects of this Kingdom into Barbarous captivity while to our shame and hindrance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths Our friends on slight pretences made Imbargoes of our Merchants Goods and every Nation upon the least occasion was ready to contemn and slights us So great was the apparent diminution of the antient Honor of this Crown and once strong Reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valors of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the Second they called their Wisest the House of Austria as great and potent and both strengthned with a malitious League in France of persons ill-affected when the Low-Countreys had no Being yet by constant Councils and old English ways even then that Spanish pride was cooled that greatness of the House of Austria so formidable to us now was well resisted and to the United Provinces of the Low-Countreys such a beginning growth and strength was given as gave us honor over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the Causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honor and Reputation in this Kingdom which as in one Centre met in one great Man the cause of all whom I am here to name The Duke of Buckingham Here Sir Dudley Diggs made a little stop and afterwards read the Preamble to the Charge viz. The Commons Declaration and Impeachment against the Duke of Buckingham FOr the speedy Redress of great Evils and Mischeifs and of the cheif cause of these Evils and Mischeifs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honor and safety of our Soveraign Lord the King and of his Crown and Dignity and to the good and welfare of his people The Commons in this present Parliament by the Authority of our said Soveraign Lord the King assembled Do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guienne General-Governor of the Seas and Ships of the said Kingdom Lieutenant-General Admiral Captain-General and Governor of his Majesties Royal Fleet and Army lately set forth Master of the Horse of our Soveraign Lord the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all the Forests and Chases on this side the River Trent Constable of the Castle of Windsor Gentleman of his Majesties Bed-Chamber one of his Majesties most Honorable Privy Council in his Realms both in England Scotland and Ireland and Knight of the most Honorable Order of the Garter The Misdemeanors Misprisions Offences Crimes and other Matters comprised in the Articles following and him the said Duke do accuse and impeach of the said Misdemeanors Misprisions Offences and Crimes My Lords THis lofty Title of this Mighty Man methinks doth raise my spirits to speak with a Paulò Majora Canamus and let it not displease your Lordships if for Foundation I compare the beautiful structure and fair composition of this Monarchy wherein we live to the great work of God the World it self In which the solid Body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may well resemble us the Commons And as it is incompassed with Air and Fire and Sphears Celestial of Planets and a Firmament of fixed Stars all which receive their heat light and life from one great glorious Sun even like the King our Soveraign So that Firmament of fixed Stars I take to be your Lordships those Planets the great Officers of the Kingdom that pure Element of Fire the most Religious Zealous and Pious Clergy and the Reverend Judges Magistrates and Ministers of Law and Justice the Air wherein we breathe All which encompass round with cherishing comfort this Body of the Commons who truly labor for them all and though they be the Foot stool and the lowest yet may well be said to be the setled Centre of the State Now my good Lords if that glorious Sun by his powerful Beams of Grace and Favor shall draw from the Bowels of this Earth an exhalation that shall take Fire and burn and shine out like a Star it needs not be marvelled at if the poor Commons gaze and wonder at the Comet and when they feel the effects impute all to the incorruptible matter of it But if such an imperfect mixture appear like that in the last age in the Chair of Cassiopeia among the sixed Stars themselves where Aristotle and the old Philosophers conceived there was no place for such corruption then as the Learned Mathematicians were troubled to observe the irregular motions the prodigious magnitude and the ominous prognosticks of that Meteor so the Commons when they see such a blazing Star in course so exorbitant in the Affairs of this Commonwealth cannot
a manner to engross to himself the administration of your Affairs of the Kingdom which by that means is drawn into a Condition most miserable and hazardous Give us then leave most dear Soveraign in the name of all the Commons of this your Kingdom prostrate at the féet of your Sacred Majesty most humbly to beséech you even for the Honor of Almighty God whose Religion is directly undermined by the practice of that Party whom this Duke supports For your Honor which will be much advanced in the relieving of your people in this their great and general grievance For the honor safety and welfare of your Kingdom which by this means is threatned with almost unavoidable dangers And for the love which your Majesty as a good and loving Father bears unto your good people to whom we profess in the presence of Almighty God the Searcher of all hearts you are as highly estéemed and beloved as ever any of your Predecessors were That you would be graciously pleased to remove this Person from access to your sacred presence and that you will not ballance this one man with all these things and with the Affairs of the Christian world which do all suffer so far as they have relation to this Kingdom chiefly by his means For we protest to your Majesty and to the whole world That until this Great person be removed from intermedling with the Great Affairs of State we are out of hope of any good success and do fear that any money we shall or can give will through his misimploiment be turned rather to the hurt and prejudice of this your Kingdom then otherwise as by lamentable experience we have found in those large Supplies we have formerly and lately given But no sooner shall we receive redress and relief in this which of all others is our most insupportable grievance but we shall forthwith proceed to accomplish your Majesties own desire for Supply and likewise with all cheerfulness apply our selves to the perfecting of divers other great things such as we think no one Parliament in any Age can parallel tending to the stability wealth and strength and honor of this your Kingdom and the support of your Friends and Allies abroad And we doubt not but through Gods blessing as you are the best so shall you ever be the best beloved and greatest Monarch that ever sate in the Royal Throne of this famous Kingdom The Grounds and Causes which the King held forth for dissolving of this and the former Parliament appear in the ensuing Declaration THe Kings most Excellent Majesty since his happy access to the Imperial Crown of this Realm having by his Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by Adjournment held at Oxford and there dissolved and the other begun in February last and continued until the Fiftéenth day of this present moneth of June and then to the unspeakable grief of himself and as he believeth of all his good and well-affected Subjects dissolved also Although he well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments being his great Council of the Kingdom do peculiarly belong unto himself by an undoubted Prerogative inseparably united to his Imperial Crown of which as of his other Regal actions he is not bound to give an Accompt to any but to God only whose immediate Lieutenant and Uicegerent he is in these his Realms and Dominions by the Divine providence committed to his charge and government Yet forasmuch as by the assistance of the Almighty his purpose is so to order himself and all his Actions especially the great and publck Actions of State concerning the weal of his Kingdoms as may justifie themselves not only to his own Conscience and to his own People but to the whole World His Majesty hath thought it fit and necessary as the Affairs now stand both at home and abroad to make a true plain clear Declaration of the Causes which moved his Majesty to assemble and after enforced him to dissolve these Parliaments That so the mouth of malice it self may be stopped and the doubts and fears of his own good Subjects at home and of his Friends and Allies abroad may be satisfied and the deserved blame of so unhappy Accidents may justly light upon the Authors thereof When his Majesty by the death of his dear and Royal Father of ever blessed memory first came to the Crown he found himself engaged in a War with a potent Enemy not undertaken rashly nor without just and honorable grounds but enforced for the necessary defence of himself and his Dominions for the support of his Friends and Allies for the redéeming of the antient Honor of this Nation for the recovering of the Patrimony of his dear Sister her Confort and their Children injuriously and under colour of Treaties and Friendship taken from them and for the maintenance of the true Religion and invited thereunto and encouraged therein by the humble Advice of both the Houses of Parliament and by their large promises and protestations to his late Majesty to give him full and real assistance in those Enterprises which were of so great importance to this Realm and to the general peace and safety of all his Friends and Allies But when his Majesty entred into a view of his Treasure he found how ill provided he was to proceed effectually with so great an Action unless he might be assured to receive such Supplies from his loving Subjects as might enable him to manage the same Hereupon his Majesty being willing to tread in the steps of his Royal Progenitors for the making of good and wholsom Laws for the better Government of his people for the right understanding of their true Grievances and for the Supply of monies to be imployed for those publick services he did resolve to summon a Parliament with all convenient spéed he might And finding a former Parliament already called in the life of his Father he was desirous for the the spéedier dispatch of his weighty affairs and gaining of time to have continued the same without any alteration of the Members thereof had he not beacute en advised to the contrary by his Iudges and Council at Law for that it had béene subject to question in Law which he desired to avoid But as soon as possibly he could he summoned a new Parliament which he did with much confidence and assurance of the love of his people that those who not long before had with some importunity won his Father to break off his former Treaties with Spain and to effect it had used the mediation of his now Majesty being then Prince and a Member of the Parliament and had promised in Parliament their uttermost assistance for the enabling of his late Majesty to undergo the War which they then foresaw might follow would assuredly have performed it to his now Majesty and would not have suffered him in his first Enterprise of so great an
attendeth the humor of the heedless Multitude that are full of jealousie and distrust and so unlike to comply to any unusual Course of Levy but by force which if used the effect is fearful and hath been fatal to the State Whereas that by Parliament resteth principally on the Regal person who may with ease and safety mould them to his fit designs by a gracious yielding to their just desires and Petitions If a Parliament then be the most speedy assurance and safe way it is fit to conceive what is the fairest way to act and work that to the present need First for the time of usual Summons Forty days reputed to be too large for this present Necessity it may be by dating the Writs lessened since it is no positive Law so that a care be had that there may a County-day after the Sheriff hath received the Writ before the time of sitting If then the Sum to be levied be once granted and agreed of for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively who under such assurance may safely give Security proportionable to the Receipts to such as shall adventure in present for the Publick service any Sums of money The last and weightiest Consideration if a Parliament be thought fit is How to remove or comply the Differences between the King and Subjects in their mutual demands And what I have learned amongst the better sort of the Multitude I will freely declare that your Lordships may be the more enabled to remove and answer those Distrusts that either concern Religion publick safety of the King and State or the just Liberty of the Commonwealth Religion is a matter that they lay nearest to their Consciences and they are led by this ground of jealousie to doubt some practices against it First for that though the Spanish Match was broken by the careful industry of my Lord of Buckingham out of his religious care as he then declared that the Articles there demanded might lead to some such Sufferance as might endanger the quiet if not the state of the Reformed Religion here yet there have when he was an Actor principal in the Conditions of France as hard if not worse to the preservation of our Religion passed then those with Spain And the suspect is strengthened by the close keeping of this Agreement and doubt in them of his affection in that his Mother and others many his Ministers of near imploiment about him are so affected They talk much of his advancing men Popishly devoted to Places in the Camp of nearest service and chief Command and that the Recusants have got these late years by his power more courage and assurance then before If to clear these doubts which perhaps are worse in fancie then in truth he take a course it might much advance the Publick service against the squeamish humors that have more of violent Passion then of setled Judgment and are not the least of the opposite number in the Commonwealth The next is The late misfortunes and losses of Men Munition and Honor in the late Undertakings abroad which the more temperate spirits impute to want of Council and the more sublime Wits to Practice They begin with the Palatinate and lay the fault of the loss thereof on the imputed Credit of Gondomar distrusting him for the staying of supply to Sir Horatio Vere when Colonel Cecil was cast on that imployment by which the King of Spain became Master of the Kings Childrens Inheritance And when Count Mansfield had a Royal supply of Forces to assist the Princes of our party for the recovety thereof either Plot or Error defeated the enterprise for us to Spains advantage That Sir Robert Mansfields Expedition to Algiers should purchase only the security and guard of the Spanish Coasts To spend many Hundred thousand pounds in the Cadiz-Voyage against the Advice in Parliament only to warn the King of Spain to be in readiness and so our selves weakned is taken for a sign of an ill affection amongst the Multitude The spending of much Munition Victuals and Money in my Lord Willoughbies Journey is counted an unthrifty error in the Director of it To disarm our selves in fruitless Voyages may seem a plot of danger It was held not long ago a fundamental Rule of our Neighbors and our Security by the old Lord Burleigh That nothing can prevent the Spanish Monarchy but a Fastness of those two Princes whose Amity gave countenance and courage to the Netherlands and German-Princes to make head against his Ambition And we see by this disunion a fearful Defeat hath happened to the King of Denmark and that party to the advantage of the Austrian Family And this waste of Publick Treasure in fruitless Expeditions will be an important Cause to hinder any new Supply in Parliament Another fear that may disturb the smooth and speedy passage of the Kings desires in Parliament is the vast waste of the Kings livelihood whereby is like as in former times to arise this jealousie and fear That when he hath not of his own to support his ordinary Charge for which the Lands of the Crown were setled unalterable and called Sacrum patrimonium Principis that then he must needs of necessity rest upon those assistances of the people which ever were only collected and consigned for the Commonwealth from whence it is like there will be no great labor and stiffness to induce his Majesty to an Act of Resumption since such desires of the State have found an easie way in the will of all Princes from the Third Henry unto the last But that which is like to pass the deepest into their Disputes and care is the late Pressures they supposed to have been done upon the Publick Liberty and Freedom of the Subject in commanding their Goods without assent by Parliament imprisoning and confining their Persons without special Cause declared and that made good against them by the Judges lately and pretending a Writ to command their attendances in Forein war All which they are like to enforce as repugnant to any positive Laws Institutions and Customary Immunities of this Commonwealth And these dangerous distastes to the people are not a little improved by the unexampled course as they conceive of retaining an Inland Army in Winter-season when former times of general fear as in Eighty eight produced none such And makes them in their distracted fears to conjecture idly it was raised wholly to subject their Fortunes to the will of Power rather then of Law and to make good some further breach upon their Liberties and Freedoms at home rather then defend us from any force abroad How far such Jealousies if they meet with any unusual disorder of lawless Soldiers are an apt distemper of the loose and needy Multitude which will easily turn away upon any occasion in the State that they can side withall as a glorious pretence of Religion and Publick safety when their true
unuseful It is needful that you make a good and timely supply of Treasure without which all Councels will prove fruitless I might press many Reasons to this end but I will but name few First for his Majesties sake who requires it Great is the duty which we owe him by the Law of God great by the Law of Nature and our own Allegiance great for his own merit and the memory of his ever blessed Father I do but point at them But methinks our thoughts cannot but recoil on one Consideration touched by his Majesty which to me seems to sound like a Parliamentary Pact or Covenant A War was advised here Assistance professed yea and protested here I do but touch it I know you will deeply think on it and the more for the example the King hath set you His Lands his Plate his Jewels he hath not spared to supply the War What the People hath protested the King for his part hath willingly performed Secondly for the Cause sake It concerns us in Christian charity to tender the distresses of our Friends abroad It concerns us in Honor not to abandon them who have stood for us And if this come not close enough You shall find our Interest so woven and involved with theirs that the Cause is more ours then theirs If Religion be in peril we have the most flourishing and Orthodox Church If Honor be in question the Stories and Monuments in former Ages will shew that our Ancestors have left us as much as any Nation If Trade and Commerce be in danger we are Islanders it is our life All these at once lie at stake and so doth our safety and being Lastly in respect of the manner of his Majesties demand which is in Parliament the way that hath ever best pleased the Subjects of England And good cause for it For Aids granted in Parliament work good effects for the People they be commonly accompanied with wholsom Laws gracious Pardons and the like Besides just and good Kings finding the love of their People and the readiness of their Supplies may the better forbear the use of their Prerogatives and moderate the rigor of the Laws towards their Subjects This way as his Majesty hath told you he hath chosen not as the onely way but as the fittest Not as destitute of others but as most agreeable to the goodness of his own most gracious disposition and to the desire and weal of his people If this be deferred Necessity and the Sword of the Enemy make way to the others Remember his Majesties Admonition I say remember it Let me but add and observe Gods mercy towards this Land above all others The Torrent of War hath overwhelmed other Churches and Countries but God hath hitherto restrained it from us and still gives us warning of every approaching danger to save us from surprise And our gracious Soveraign in a true sense of it calls together his High Court of Parliament the lively Representation of the Wisdom Wealth and Power of the whole Kingdom to join together to repell those hostile Attempts which have distressed our Friends and Allies and threatned our selves And therefore it behoves all to apply their Thoughts unto Councel and Consultations worthy the greatness and wisdom of this Assembly To avoid discontents and divisions which may either distemper or delay And to attend that Unum Necessarium the Common Cause propounding for the scope and work of all the Debates the general good of the King and Kingdom whom God hath joined together with an indissoluble knot which none must attempt to cut or untie And let all by unity and good accord endeavour to pattern this Parliament by the best that have been that it may be a Pattern to future Parliaments and may infuse into Parliaments a kind of Multiplying power and faculty whereby they may be more frequent and the King our Soveraign may delight to sit on his Throne and from thence to distribute his graces and favors amongst his people His Majesty hath given you cause to be confident of this you have heard from his Royal mouth which nevertheless he hath given me express command to redouble If this Parliament by their dutiful and wise proceedings shall but give this occasion His Majesty will be ready not onely to manifest his gracious acceptation but to put out all memory of those distastes that have troubled former Parliaments I have but one thing more to adde and that is As your Consultations be serious so let them be speedy The Enemy is before-hand with us and â—lies on the wings of Success We may dally and play with the Hour-glass that is in our power but the Hour will not stay for us and an Opportunity once lost cannot be regained And therefore resolve of your Supplies that they may be timely and sufficient serving the Occasion Your Councel your Aid all is but lost if your Aid be either too little or too late And his Majesty is resolved that his Affairs cannot permit him to expect it over-long Sir Iohn Finch being chosen Speaker made this Address to his Majesty Wednesday the Nineteenth of March. Most Gracious Soveraign YOur obedient and loyal Subjects the Knights Citizens and Burgesses by your Royal Summons here assembled in obedience to your gracious direction according to their antient usage and priviledge have lately proceeded to the Choice of a Speaker And whether sequestring their better Judgments for your more weighty Affairs or to make it known that their Honor and Wisdom can take neither increase or diminution by the value or demerit of any one particular Member in what place soever serving them Omitting others of worth and ability they have fixed their eyes of favor and affection upon me Their long knowledge of my unfitness every way to undergo a charge of this important weight and consequence gave me some hope they would have admitted my just excuse Yet for their further and clearer satisfaction I drew the Curtains and let in what light I could upon my inmost thoughts truly and really discovering to them what my self best knew and what I most humbly beseech your Royal Majesty to take now into your consideration that of so many hundreds sitting amongst them they could have found few or none whose presentation to your Majesty would have been or less repute or advantage to them for et impeditioris linguae sum and the poor experience I have of that Royal Assembly is so ill ballanced with true Judgement that every gust and wave hath power on me whereby I shall not onely suffer in my own particular but which I apprehend with much more care and sorrow do prejudice to their common interest Wherefore dread and dear Soveraign as low as the lowest step of your Royal Throne I humbly bend appealing to your great and Soveraign Judgement for my discharge from this so unequal a burthen imposed on me most humbly and earnestly beseeching your most excellent Majesty for the Honor of that Great
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
absurd and unreasonable thing to send a Prisoner to a Roman Emperor and not to write along with him the Cause alledged against him send therefore no man a Prisoner without his causes along with him Hoc fac vives and that was the first reason a tuto that it was not safe for the King in regard of Loss to commit men without a Cause The second Reason is That such commitments will destroy the endeavors of all men Who will endeavor to imploy himself in any profession either of War Merchandise or of any liberal knowledge if he be but Tenant at will of his Liberty for no Tenant at will will support or improve any thing because he hath no certain estate Ergo to make men Tenants at will of their Liberties destroys all industry and endeavors whatsoever And so much for these six principal Reasons A re ipsa A minore ad majus A remediis From the extent and universality From the infiniteness of the time A fine Loss of Honor. Loss of Profit Loss of Security Loss of Industry These were his Reasons Here he made another Protestation That if remedy had been given in this Case they would not have medled therewith by no means but now that remedy being not obtained in the Kings Bench without looking back upon any thing that hath been done or omitted they desire some provision for the future onely And here he took occasion to adde four Book Cases and Authorities all in the Point saying That if the learned Councel on the other side could produce but one against the Liberties so pat and pertinent oh how they would hug and cull it 16. H. 6. tit monstrance de faits 82. by the whole Court the King in his Presence cannot command a man to be arrested but an action of false imprisonment lieth against him that arresteth if not the King in his royal Presence then none others can do it Non sic itur ad astra 1. Hen. 7.4 Hussey reports the opinion of Markham chief Justice to Edw. 4. that he could not imprison by word of mouth and the reason because the party hath no remedy for the Law leaves every man a remedy of causless imprisonment he added that Markham was a worthy Judge though he fell into adversities at last by the Lord Rivers his means Fortescue Chap. 8. Proprio ore nullus Regum usus est to imprison any man c. 4. Eliz. Times blessed and renowned for Justice and Religion in Pl. 235. the common Law hath so admeasured the Kings Prerogative as he cannot prejudice any man in his inheritance and the greatest inheritance a man hath is the liberty of his Person for all others are accessary to it for thus he quoted the Orator Major haereditas venit unicuique nostrum a Jure legibus quam a parentibus And these are the four Authorities he cited in this point Now he propounded and answered two Objections First in point of State Secondly in the Course held by the House of Commons May not the Privy Councel commit without cause shewed in no matter of State where secrecie is required would not this be an hinderance to his Majesties service It can be no prejudice to the King by reason of matter of State for the cause must be of a higher or lower nature if it be for suspicion of Treason misprision of Treason or Felony it may be by general words couched if it be for any other thing of smaller nature as contempt and the like the particular cause must be shewed and no individuum vagum or uncertain cause to be admitted Again if the Law be so clear as you make it why needs the Declaration and Remonstrance in Parliament The Subject hath in this Case sued for remedy in the Kings Bench by Habeas Corpus and found none therefore it is necessary to be cleared in Parliament And here ends his Discourse And then he made a recapitulation of all that had been offered unto their Lordships That generally their Lordships had been advised by the most faithful Counsellors that can be dead men these cannot be daunted by fear nor muzled by affection reward or hope of preferment and therefore their Lordships might safely believe them particularly their Lordships had three several kinds of Proofs 1. Acts of Parliament judicial Precedents good Reasons First you have had many ancient Acts of Parliament in the Point besides Magna Charta that is seven Acts of Parliament which indeed are thirty seven Magna Charta being confirmed thirty times for so often have the Kings of England given their royal Assents thereunto 2. Judicial Precedents of grave and reverend Judges in terminis terminantibus that long since departed the world and they were many in number Precedents being twelve and the Judges four of a Bench made four times twelve and that is forty eight Judges 3. You have as he tearmed them vividas rationes manifest and apparent Reasons Towards the conclusion he declared to their Lordships That they of the House of Commons have upon great study and serious Consideration made a great manifestation unanimously Nullo contradicente concerning this great liberty of the Subject and have vindicated and recovered the Body of this fundamental Liberty both of their Lordships and themselves from shadows which sometimes of the day are long sometimes short and sometimes long again and therefore we must not be guided by shadows and they have transmitted to their Lordships not capita rerum Heads or Briefs for these compendia are dispendia but the Records at large in terminis terminantibus and so he concluded that their Lordships are involved in the same danger and therefore ex congruo condigno they desired a Conference to the end their Lordships might make the like Declaration as they had done Commune periculum commune requirit auxilium and thereupon take such further course as may secure their Lordships and them and all their Posterity in enjoying of their ancient undoubted and fundamental Liberties The two next days were spent in the Debate about Billeting of Soldiers upon the Subject against Law THursday the 10. of April Mr. Secretary Cook delivered this Message from the King That his Majesty desireth this House not to make any recess these Easter Holidays that the world may take notice how earnest his Majesty and we are for the publique affairs in Christendom the which by such a recess would receive interruption THis Message for non-recess was not well pleasing to the House SIr Robert Phillips first resented it and took notice That in 12. and 18. Iac. upon the like intimation the House resolved it was in their power to adjourn or sit hereafter said he this may be put upon us by Princes of less Piety let a Committee consider hereof and of our right herein and to make a Declaration And accordingly this matter touching his Majesties pleasure about the recess was referred to a Committee and to consider
being stopped and stopped in such maner as we are enjoyned so we must now leave to be a Councel I hear this with that grief as the saddest Message of the greatest loss in the world but let us still be wise be humble let us make a fair Declaration to the King OUr sins are so exceeding great said Sir Iohn Elliot that unless we speedily return to God God will remove himself further from us ye know with what affection and integrity we have proceeded hitherto to have gained his Majesties heart and out of a necessity of our duty were brought to that course we were in I doubt a misrepresentation to his Majesty hath drawn this mark of his displeasure upon us I observe in the Message amongst other sad particulars it is conceived that we were about to lay some aspersions on the Government give me leave to protest That so clear were our intentions that we desire onely to vindicate those dishonors to our King and Countrey c. It is said also as if we cast some aspersions on his Majesties Ministers I am confident no Minister how dear soever can Here the Speaker started up from the seat of the Chair apprehending Sir Iohn Elliot intended to fall upon the Duke and some of the Ministers of State said There is a command laid upon me that I must command you not to proceed whereupon Sir Iohn Elliot sat down I Am as much grieved as ever said Sir Dudley Diggs Must we not proceed let us sit in silence we are miserable we know not what to do Hereupon there was a sad silence in the House for a while which was broken by Sir Nathaniel Rich in these words WE must now speak or for ever hold our peace for us to be silent when King and Kingdom are in this calamity is not fit The question is Whether we shall secure our selves by silence yea or no I know it is more for our own security but it is not for the security of those for whom we serve let us think on them some instruments desire a change we fear his Majesties safety and the safety of the Kingdom I do not say we now see it and shall we now sit still and do nothing and so be scattered Let us go together to the Lords and shew our dangers that we may then go to the King together Others said That the Speech lately spoken by Sir Iohn Elliot had given offence as they feared to his Majesty WHereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and Ordered That the House be turned into a Committee to consider what is fit to be done for the safety of the Kingdom and that no man go out upon pain of going to the Tower But before the Speaker left the Chair he desired leave to go forth and the House ordered that he may go forth if he please And the House was hereupon turned into a grand Committee Mr. Whitby in the Chair I Am as full of grief as others said Mr. Wandesford let us recollect our English hearts and not sit still but do our duties two ways are propounded To go to the Lords or to the King I think it is fit we go to the King for this doth concern our Liberties and let us not fear to make a Remonstrance of our rights we are his Counsellors there are some men which call evill good and good evil and bitter sweet Justice is now called Popularity and Faction THen Sir Edw. Cook spake freely We have dealt with that duty and moderation that never was the like Rebus sic stantibus after such a violation of the Liberties of the Subject let us take this to heart In 30. E. 3. were they then in doubt in Parliament to name men that misled the King they accused Iohn de Gaunt the Kings Son and Lord Latimer and Lord Nevel for misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our tongues how shall we answer our duties to God and men 7. H. 4. Parl. Rot. numb 31 32.11 H. 4. numb 13. there the Councel are complained of and are removed from the King they mewed up the King and disswaded him from the Common Good and why are we now retrived from that way we were in why may we not name those that are the Cause of all our evils In 4. H. 3. 27. E. 3. 13. R. 2. the Parliament moderateth the Kings prerogative and nothing grows to abuse but this House hath power to treat of it What shall we do let us palliate no longer if we do God will not prosper us I think the Duke of Buckingham is the cause of all our miseries and till the King be informed thereof we shall never go out with honour or sit with honour here that man is the Grievance of Grievances let us set down the causes of all our dysasters and all will reflect upon him As for going to the Lords that is not via Regia our Liberties are now impeached we are concerned it is not via Regia the Lords are not participant with our Liberties Mr. Selden advised that a Declaration be drawn under four heads 1. To express the Houses dutiful carriage towards his Majesty 2. To tender their Liberties that are violated 3. To present what the purpose of the House was to have dealt in 4. That that great Person viz. the Duke fearing himself to be questioned did interpose and cause this distraction All this time said he we have cast a mantle on what was done last Parliament but now being driven again to look on that man let us proceed with that which was then well begun and let the Charge be renewed that was last Parliament against him to which he made an Answer but the particulars were sufficient that we might demand judgement on that Answer onely IN conclusion the House agreed upon several heads concerning innovation in Religion the safety of the King and Kingdom misgovernment misfortune of our late designs with the causes of them And whilest it was moving to be put to the question that the Duke of Buckingham shall be instanced to be the chief and principal cause of all those evils the Speaker who after he had leave to go forth went privately to the King brought this Message THat his Majesty commands for the present they adjourn the House till to morrow morning and that all Committees cease in the mean time And the House was accordingly adjourned AT the same time the King sent for the Lord Keeper to attend him presently the House of Lords was adjourned ad libitum the Lord Keeper being returned and the House resumed his Lordship signified his Majesties desire that the House and all Committees be adjourned till to morrow morning AFter this Message was delivered the Lords
in chains in manner as is usual upon notorious murders IN Michaelmas Term the Farmers and Officers of the Custom House seized great quantities of Currants belonging to Mr. Samuel Vassal of London Merchant because he refused to pay an Imposition of five shillings and six pence upon every hundred weight of the said Currants so imported alledged to be due and demanded on his Majestie behalf Mr. Vassal refused to pay the same conceiving it was an Imposition against the Law of the Land Whereupon the Kings Attourney General exhibited an Information in the Exchequer against the said Vassal setting forth that King Iames did by his Letters Patents command the taking the said Imposition and that his Majesty that now is by his Letters Patents dated 26. Iunii 2. Caroli by the advice of his Privy Councel did declare his Will and Pleasure to be that Subsidies Customs and Impost should be Leavied in such manner as they were in the time of King Iames until it might receive a setling by Parliament and the Information did set forth that the said Samuel Vassall before the first day of October 4. Car. did bring into the Port of London 4638. hundred weight of Currants for which he refused to pay Custom To this information the said Samuel Vassal appeared and pleaded the Statute of Magna Charta and the Statute de talagio non concedendo and that he was a subject born under the Kings allegiance and a Merchant and that the said imposition of five shillings six pence upon every hundred weight of Currants was not Antiqua seu recta consuetudo and that it was imposed without assent of Parliament to which Plea the said Attourney General demurred in Law and Mr. Vassall joyned in demur c. Afterwards the Barons of the Exchequer did publickly deny to hear Master Vassals Councel to argue for him saying that his the said Vassalls Case would fall under the same rule with one Bates Case and therefore the Case was already adjudged Master Vasalls Councel alledged that they had nothing to do with Bates his Case but desired to argue Master Vassalls Case The Barons replied that they knew the opinion of the Court and should be heard no further and said that the King was in possession and they would keep him in possession and shortly after the Court of Exchequer imprisoned the said Master Vassall for not paying such sums of mony as the Officers of the Custome-house required as due upon the said imposition and he could not obtain restitution of his goods and the Court gave their opinion upon the said information for the King against Mr. Vassal About the same time divers goods and Merchandizes belonging to Richard Chambers of London Merchant were seized and conveyed into Store-houses at the Custom-house by the Officers of the Custom because the said Chambers refused to pay the subsidy of Tunnage and Poundage demanded by the Farmers the said Chambers conceiving no such subsidy or duty was due or payable the same having not been granted by Parliament to his Majesty and having sued forth a writ of Replevin the proper remedy in Law to regain the possession of his goods the Barrons of the Exchequer did order an Injunction under the Seal of the said Court directed to the Sheriffs of London commanding them thereby not to execute the said writ or any the like Writs of Replevin that should afterwards be sued forth by any person or persons for the delivery of any goods in the like nature detained and did declare publickly in Court that the said goods by Law were not repleviable and the Sheriffs of London did accordingly forbear to execute the said Writ of Replevin Master Chambers finding this obstruction offered to give great security unto the Court for payment of such duties as should be made appeare to be made payable to his Majesty in such manner as the said Barrons should direct the Court afterwards debating this matter would not give way thereunto unlesse the said Chambers would deposite all such summes of money as the said Officers respectively demanded of him for duties to his Majesty which he refused to do The Court did order the Officers of the Custom to detain double value of the summes by them demanded for duties to his Majesty and to restore the residue The same course of proceeding the Barrons of the Exchequer held in the Case of Master Iohn Rolls of London Merchant whose goods were detained for not paying of Tunnage and Poundage The meeting of the Parliament now drawing nigh the King consults with a select Committee of his Privy Councellors what probably the Parliament at their next meeting would insist upon and how the Privy Councel who are members of the Parliament shall demean themselves in such cases And first it was proposed to his Majesties consideration that if in the House of Commons it shall be moved with any strength that the Merchants goods be delivered before they proceed to the Bill of Tunnage and Poundage the Answer by such as are Privy Councellors and Members of the House to be that if the House intend to grant Tunnage and Poundage to the King as it hath been granted to his Predecessors it will end all dispute but if they proceed otherwise then before they come to a resolution the King to speak to them and to declare that though his Predecessors claimed it not but by grant of Parliament yet took it de facto until it was granted by Parliament and that his Majesty hath done the like and that if they will passe the Bill to his Majesty as his Ancestors had it his Majesty will do any reasonable thing to declare that he claimes not Tunnage and Poundage otherwise then by grant in Parliament but if this do not satisfie then to avow a breach upon just cause given not sought by the King And for bringing the Kings business to a speedy issue it was advised that the Bill of Tunnage and Poundage be prepared before the Parliament sit in the same form as it passed to King Iames adding words to give it from the first day of the Kings Reigne and that the Bill be presented at the first sitting of the Parliament and the Privy Councel of the House to declare that his Majesty caused it to be timely presented to cut off all questions and debates and to perswade them to a dispatch thereof and that they will returne a speedy answer whether they will grant Tunnage and Poundage or not They also took into consideration divers other matters which they apprehended the Parliament would insist upon as proceeding to censure the actions of the Duke of Buckingham to accuse some of the Kings servants now living upon common Fame to cast personal aspersions in Parliament upon the Kings Councellors or to charge them with giving ill counsel to the King to handle questions touching matters of Religion proper for his Majesty and a Convocation to determine to raise
Protestation was published in the House viz. Whosoever shall bring in Innovation of Religion or by favour or countenance seek to extend or introduce Popery or Arminianism or other opinion disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom and Commonwealth 2. Whosoever shall counsel or advise the taking and levying of the Subsidies of Tunnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed an Innovator in the Government and Capital Enemy to the Kingdom and Commonwealth 3. If any Merchant or Person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an Enemy to the same Hereupon the King sent for the Sergeant of the House but he was detained the Door being lockt then he sent the Gentleman Usher of the Lords House with a Message and he was refused admittance till the said Votes were read and then in much confusion the House was adjourned to the tenth of March according as it was intimated from his Majesty Nevertheless his Majesty by Proclamation dated the second of March declares the Parliament to be dissolved The passages of this day and the preceding day in Parliament are hereafter more fully related in the proceedings in the Kings Bench. By the King A Proclamation about the dissolving of the Parliament WHereas We for the general good of our Kingdom caused our high Court of Parliament to assemble and meet by prorogation the 20 day of January last past sithence which time the same hath been continued And although in this time by the malevolent dispositions of some ill affected persons of the House of Commons We have had sundry Iust Causes of offence and dislike of their proceedings yet We resolved with patience to trie the uttermost which we the rather did for that We found in that House a great number of sober and grave Persons well-affected to Religion and Government and desirous to preserve unity and peace in all parts of Our Kingdom And therefore having on the five and twentieth day of February last by the uniform advice of our Privy-Council caused both Houses to be adiourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have a happy end and issue And for the same intent We did again this day command the like Adiournment to be made until the tenth day of this Month It hath so happened by the disobedient and seditious carriage of those said ill affected persons of the House of Commons That We and Our Regal Authority and Commandment have been so highly contemned as our Kingly Office cannot bear nor any former age can paralel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament to all others whom it may concern That they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others shall take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to faction and to work disturbance to the peace and good order of Our Kingdom Given at our Court at Whitehal this second day of March in the fourth yeer of Our Reign of Great Britan France and Ireland This Proclamation was not published till after the tenth of March. The day following Warrants were directed from the Council to Denzil Holles Esq Sir Miles Hobert Sir Iohn Elliot Sir Peter Hayman John Selden Esq William Coriton Walter Long William Stroud Benjamin Valentine commanding their personal appearance on the morrow At which time Mr. Holles Sir Iohn Elliot Mr. Corriton Mr. Valentine appearing and refusing to answer out of Parliament what was said and done in Parliament were committed close prisoners to the Tower and Warrants were given the Parliament being still in being for the sealing up of the studies of Mr. Holles Mr. Selden and Sir Iohn Elliot Mr. Long and Mr. Stroud not then nor of some time after appearing a Proclamation issued out for the apprehending of them On the tenth of March being six days after the commitment of the said Members his Majesty being set in his Royal Throne with his Crown on his head and in his Robes and the Lords in their Robes also and divers of the Commons below the Bar but not their Speaker neither were they called his Majesty spake as followeth My Lords I Never came here upon so unpleasant an occasion it being the dissolution of a Parliament therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general maxime of Kings to leave harsh Commands to their Ministers themselves only executing pleasing things yet considering that Iustice as well consists in reward and praise of vertue as punishing of vice I thought it necessary to come here to day and to declare to you and all the world that it was meerly the undutiful and seditious carriage in the Lower House that hath made the dissolution of this Parliament and you My Lords are so far from being any causers of it that I take as much comfort in your dutiful demeanour as I am justly distasted with their proceedings yet to avoyd their mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I knâ—w that there are many there as dutiful Subjects as any in the world it being but some few Vipers among them that did cast this mist of undutifulness over most of their eys yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as those Vipers must look for their reward of punishment so you My Lords must justly expect from me that favour and protection that a good King oweth to his loving and faithful Nobility And now my Lord Keeper Do what I have commanded you Then the Lord Keeper said My Lords and Gentlemen of the House of Commons the Kings Majesty doth dissolve this Parliament Whilst the King is preparing a Declaration of the causes and motives which induced him to dissolve this Parliament let us see what followed hereupon The discontents of the common people upon this Dissolution were heightned against the powerful men at Court and the Kings most inward Counsellors for some few days after two Libels were found in the Dean of Pauls yard one against Bishop Laud to this effect
Our People may discern that these provocations of evill men whose punishments we reserve to a due time have not changed Our good intentions to Our Subjects We do here professe to maintain the true Religion and Doctrine established in the Church of England without admitting or conniving at any back-sliding either to Popery or Schism We do also declare That vve will maintain the antient and just rights and liberties of Our Subjects with so much constancy and justice that they shall have cause to acknowledge That under Our government and gratious protection they live in a more happy and free estate then any subjects in the Christian world Yet let no man hereby take the boldnesse to abuse that liberty turning it to licentiousnesse nor misinterprett the Petition by perverting it to a lawlesse liberty wantonly or frowardly under that or any other colour to resist lawfull and necessary authority For as We will maintain Our Subjects in their just liberties so We do and will expect that they yield as much submission and duty to Our Royal prerogatives and as ready obedience to Our authority and commandments as hath been performed to the greatest of Our Predecessors And for Our Ministers We vvill not that they be terrified by those harsh proceedings that have been strained against some of them For as we will not command any thing unjust or dishonourable but shall use Our authority and prerogatives for the good of Our People so we will expect that Our Ministers obey Us and they shall assure themselves We will protect them As for Our Merchants We let them know We shall alwaies endeavour to cherish and enlarge the Trade of such as be dutifull without burthening them beyond what is fitting but the Duty of Five in the Hundred for guarding of the Seas and defence of the Realm to which we hold Our selves still obliged and which Duty hath continued without interruption so many succession of Ages We hold no good or dutifull Subject will deny it being so necessary for the good of the whole Kingdom And if any factious Merchant vvill affront Us in a thing so reasonable and vvherein we require no more nor in no other manner than so many of Our Predecessors have done and have been dutifully obeyed Let them not deceive themselves but be assured that We shall find honourable and just means to support Our Estate vindicate Our Soveraignty and preserve the Authority vvhich God hath put into Our Hands And now having laid down the truth and clearnesse of Our proceedings all wise and discreet men may easily judge of those rumours and jealous fears that are malitiously and vvickedly bruited abroad and may discern by examination of their own hearts whether in respect of the free passage of the Gospel indifferent and equall administration of Justice freedom from oppression and the great peace and quietnesse which every man enjoyeth under his own Vine and Fig-tree the happinesse of this Nation can be parallel'd by any of Our neighbour-Countries and if not then to acknowledge their own blessednesse and for the same be thankfull to God the Author of all goodnesse A Proposition for His Majestie 's Service to bridle the Impertinency of Parliaments Afterwards questioned in the Star-Chamber THe Proposition for your Majestie 's service containeth two parts the one to secure your State and to bridle the impertinency of Parliaments the other to increase your Majestie 's Revenue much more then it is Touching the first having considered divers means I find none so important to strengthen your Majesties Regall authority against all oppositions and practises of troublesome spirits and to bridle them than to fortifie your Kingdome by having a Fortresse in every chief Town and important place thereof furnished with Ordnance Munition and faithfull Men as they ought to be with all other circumstances fit for to be digested in a businesse of this nature ordering withall the trained Souldiers of the County to be united in one dependency with the said Fort as well to secure their beginning as to succour them in any occasion of suspect and also to retain and keep their Armes for more security whereby the Countries are no lesse to be brought in subjection than the Cities themselves and consequently the whole Kingdom your Majesty having by this course the power thereof in your own hands The reasons of the suggests are these 1. That in Policy it is a greater tye of the People by force and necessity then meerly by love and affection for by the one the Government resteth alwaies secure but by the other no longer then the people are contented 2. It forceth obstinate subjects to be no more presumptuous than it pleaseth your Majesty to permit them 3. That to leave a State unfurnished is to give the Bridle thereof to the Subject when by the contrary it resteth onely in the Prince's hands 4. That modern Fortresses take long time in winning with such charge and difficulty as no Subjects in these times have means probable to attempt them 5. That it is a sure remedy against Rebellions and popular Mutinies or against forraigne powers because they cannot well succeed when by this course the apparent means is taken away to force the King and Subject upon a doubtfull fortune of a set Battle as was the cause that moved the pretended invasion against the land attempted by the King of Spain in the year 1588. 6. That your Majestie 's government is the more secure by the people's more subjection and by their subjection your Parliament must be forced consequently to alter their style and to be conformable to your will and pleasure for their words and opposition import nothing where the power is in your Majesties own hands to do with them what you please being indeed the chief purpose of this discourse and the secret intent thereof fit to be concealed from any English at all either Counsellors of State or other For these and divers other weighty reasons It may be considered in this place to make your Majesty more powerfull and strong some orders be observed that are used in fortified Countries the government whereof imports as much as the States themselves I mean in times of doubt or suspect which are these Imprimis That none wear Arms or Weapons at all either in City or Country but such as your Majesty may think fit to priviledge and they to be inrolled 2. That as many high-waies as conveniently may be done be made passable through those Cities and Townes fortified to constrain the passengers to travell through them 3. That the souldiers of Fortresses be sometimes chosen of another Nation if subject to the same Prince but howsoever not to be born in the same Province or within forty or fifty miles of the Fortresse and not to have friends or correspondency near it 4. That at all the Gates of each walled Town be appointed Officers not to suffer any unknown passengers to passe without a Ticket shewing from
per Annum by raising a certain value upon their Lands and some other impositions which requiring a long Discourse by it self I will omit it here setting it down in my Instructions it will save your Majesty at least One hundred thousand pounds per Annum to make it pain of death and confiscation of goods and lands for any of the Officers to cousen You which now is much to be feared they do or else they could not be so rich and herein to allow a fourth part benefit to them that shall find out the cousenage Here is not meant Officers of State as the Lord Treasurer c. being Officers of the Crown The summe of all this account amounteth unto two Millions or Twenty hundred thousand pounds per Annum Suppose it be but one Million and a Half as assuredly your Majesty may make by these courses set down yet it is much more then I promised in my Letter for your Majesties service Besides some sums of mony in present by the courses following Imprimis By the Prince's Marriage to make all the Earls in England Grandees of Spain and Principi with such like priviledges and to pay twenty thousand pounds apiece for it 2. As also if you make them Foeditaries of the Towns belonging to their Earldoms if they will pay for it besides as they do to the King of Spain in the Kingdom of Naples And so likewise Barons to be made Earls and Peers to pay ninteen thousand pounds a piece I think might yield five hundred thousand pounds and oblige them more sure to his Majesty 3. To make choice of two hundred of the richest men of England in estate that be not Noble-men and make them Titulate as is used in Naples and paying for it that is a Duke thirty thousand pounds a Marquis fifteen thousand pounds an Earl ten thousand pounds and a Baron or Viscount five thousand pounds It is to be understood that the antient Nobility of Barons made Earls are to precede these as Peers though these be made Marquesses or Dukes this may raise a Million of pounds and more unto your Majesty To make Gentlemen of low quality and Francklines and rich Farmers Esquires to precede them would yield your Majesty also a great sum of mony in present I know another course to yield your Majesty at least three hundred thousand pounds in mony which as yet the time serveth not to discover untill your Majesty be resolved to proceed in some of the former courses which till then I omit Other courses also that may make present mony I shall study for your Majestie 's service and as I find them out acquaint you withall Lastly to conclude all these discourses by the application of this course used for your profit That it is not onely the means to make you the richest King that ever England had but also the safety augmented thereby to be most secure besides what shewed in the first part of this Discourse I mean by the occasion of this Taxation and raising of monies your Majesty shall have cause and means to imploy in all places of the Land so many Officers and Ministers to be obliged to you for their own good and interest as nothing can be attempted against your Person or Royall State over land but some of them shall in all probability have means to find it out and hinder it Besides this course will detect many disorders and abuses in the publick Government which were hard to be discovered by men indifferent To prohibite gorgeous and costly apparell to be worn but by persons of good quality shall save the Gentry of the Kingdom much more mony then they shall be taxed to pay unto your Majesty Thus withall I take my leave and kiss your gratious hands desiring pardon for my error I may commit herein Pasc. 5. Caroli Regis B. R. The Reports of the following Arguments were taken by Mr. Widdrington of Gray's-Inn UPon the Habeas Corpus out of this Court to bring here the body of one William Stroud Esq with the cause of his imprisonment to the Marshall of the Kings Bench it was returned in this manner That William Stroud Esq was committed under my custody by vertue of a certain Warrant under the hands of twelve Lords of the Privy Councill of the Lord the King the tenour of which Warrant followeth in these words You are to take knowledge that it is his Majesties expresse pleasure and commandment that you take into your custody the body of William Stroud Esq and keep him close-prisoner untill you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated the 2 d of April 1629. And the Direction thereof was To the Marshall of the King's Bench or his Deputy He is likewise held in prison by vertue of a certain Warrant under the hand of the King himself the tenour of which Warrant followeth in these words Carolus Rex Whereas you have in your custody the body of William Stroud Esq committed by the Lords of Our Privy Councill by Our speciall command you are to take notice that his commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up of Sedition against Us For which you are to detain him in your custody and keep him close-prisoner untill Our pleasure be further known concerning his deliverance Given at Greenwich the 7 th of May 1629. in the 5 th year of Our Reigne And the direction was To Our Marshall for Our Bench for the time being And these are the causes of the taking and detaining of the foresaid William Stroud c. And upon another Habeas Corpus to the Marshall of the Houshold to have the body of Walter Long Esq he made the same Return as above Ask of the Inner Temple of Counsell with Mr. Stroud moved That the Return was insufficient The Return consists upon two Warrants bearing severall Dates which are the causes of the taking and detaining of the Prisoner For the first Warrant which is of the Lords of the Councill that is insufficient because no cause is shewn of his commitment which is expresly against the resolution of the Parliament and their Petition of Right in the time of this King which now is to which he had likewise given his assent so his taking by vertue of the said Warrant is wrongfull And for the second Warrant it is insufficient also and that notwithstanding that it be the Kings own for the King himself cannot imprison any man as our Books are to wit 16 H. 6. F. Monstrance de faits 1 H. 7.4 Hussey reports it to be the opinion of Markham in the time of Edw. 4. and Forrescue in his Book de laudibus Legum Angliae cap. 18. And the reason given is because no action of false imprisonment lies against the King if the Imprisonment be wrongfull and the King cannot be a wrong doer The Statute
upon the suddain as occasion is offered And there is no necessity that the King should expect a new Parliament The Lords may grant Commissions to determine matters after the Parliament ended but the House of Commons cannot do so And also a new House of Commons consists of new Men which have no conusance of these offences 1 H. 4. The Bishop of Carlile for words spoken in the Parliament that the King had not right to the Crown was arraigned in this Court of high-treason and then he did not plead his priviledge of Parliament but said That he was Episcopus unctus c. 5 ly 4 H. 8. Strode's case hath been objected But this is but a particular act although it be in print for Rastall intitles it by the name of Strode so the title Body and proviso of the Act are particular 6 ly That this is an inferiour Court to the Parliament therefore c. To this I say That even sitting the Parliament this Court of B. R. and other Courts may judge of their priviledges as of a Parliament-man put in execution c. and other cases It is true that the Iudges have oft-times declined to give their iudgment upon the privileges of Parliament sitting the Court But from this it followes not that when the offence is committed there and not punished and the said Court dissolved that therefore the said matter shall not be questioned in this Court 7 ly By this means the priviledges of Parliament shall be in great danger if this Court may judge of them But I answer That there is no danger at all for this Court may judge of Acts of Parliament 8 ly Perhaps these matters were done by the Uotes of the House or if they be offences it is an imputation to the House to say that they had neglected to punish them But this matter doth not appear And if the truth were so these matters might be given in evidence 9 ly There is no president in the case which is a great presumption of Law But to this I answer That there was never any president of such a fact therefore there cannot be a president of such a judgment And yet in the time of Queen Elizabeth it was resolved by Brown and many other Iustices that offences done in Parliament may be punished out of Parliament by imprisonment or otherwise And the case of 3 E. 3.19 is taken for good Law by Stamf. and Fitzh And 22 E. 3. and 1 Mar. accord directly with it But it hath been objected that there was no plea made to the Iurisdiction But it is to be obser-served that Ployden that was a learned man was one of the Defendanâ—s and he pleaded not to the Iurisdiction but pleaded license to depart And the said Information depended during all the Reigne of Queen Mary during which time there were four Parliaments and they never questioned this matter But it hath been further objected That the said case differs from our case because that there the offence was done out of the House and this was done within the House But in the said case if license to depart be pleaded it ought to be tryed in Parliament as well as these offences here Therefore c. And the same day the Iudges spake briefly to the case and agreed with one voice That the Court as this case is shall have Iurisdiction although that these offences were committed in Parliament Afterwards the Parliament which met the 3d. of Novemb. 1640. upon Report made by Mr. Recorder Glyn of the state of the severall and respective cases of Mr. Hollis Mr. Selden and the rest of the imprisoned Members of the Parliament in tertio Caroli touching their extraordinary sufferings for their constant affections to the Liberties of the Kingdom expressed in that Parliament And upon Arguments made in the House thereupon did upon the 6th of July 1641. passe these ensuing Votes which in respect of the reference they have in these last mentioned proceedings we have thought fit though out of order of time to insert viz. Iuly the 6th 1641. REsolved upon the Question that the issuing out of the Warrants from the Lords and others of the Privy Councill compelling Mr. Hollis and the rest of the Members of that Parliament 3. Car. during the Parliament to appeare before them is a breach of the priviledge of Parliament by those Privy Counsellours Resolved c. That the Committing of Mr. Hollis and the rest â—f the Lords and others of the Privy Councill dureing the Parliament is a breach of the priviledge of Parliament by those Lords and others Resolved c. That the searching and sealing of the Chamber Study and Papers of Mr. Hollis Mr. Selden and Sir Iohn Eliot being Members of this House and dureing the Parliament and issuing of warrants to that purpose was a breach of the priviledge of Parliament and by those that executed the same Resolved c. That the exhibiting of an Information in the Court of Star-Chamber against Mr. Hollis and the rest for matters done by them in Parliament being members of Parliament and the same so appearing in the Information is a breach of the priviledge in Parliament Resolved c. That Sir Robert Heath and Sir Humphrey Davenport Sir Hennage Finch Mr. Hudson and Sir Robert Berkly that subscribed their names to the Information are guilty thereby of the breach of priviledge of Parliament Resolved c. That there was delay of Justice towards Mr. Hollis and the rest that appeared upon the Ha. Corp. in that they were not bayled in Easter and Trinity Tearm 5. Car. Resolved c. That Sir Nicholas Hide then chief Justice of the Kings Bench is guilty of this delay Resolved c. That Sir William Jones then being one of the Justices of the Court of Kings Bench is guilty of this delay Resolved c. That Sir Iames Whitlock Knight then one of the Justices of the Court of Kings Bench is not guilty of this delay Ordered That the further debate of this shall be taken into Consideration on to morrow Morning Iuly the 8th 1641. Resolved upon the Question That Sir George Crook Knight then one of the Judges of the Kings Bench is not guilty of this delay That the continuance of Mr. Hollis and the rest of the Members of Parliament 3. Car. in Prison by the then Judges of the Kings Bench for not putting in sureties of the good behaviour was without just or legall cause That the exhibiting of the Information against Mr. Hollis Sir Iohn Eliot and Mr. Valentine in the Kings Bench being members of Parliament for matters done in Parliament was a breach of the priviledge of Parliament That the over-ruling of the plea pleaded by Mr. Hollis Sir Iohn Eliot and Mr. Valentine upon the Information to the Jurisdiction of the Court was against the Law and priviledge of Parliament That the Judgement given upon a Nihil dicit against Mr. Hollis Sir Iohn Eliot and Mr. Valentine and fine thereupon imposed and
concludes ibid. And the Articles are sworn unto ib. He gives a Commission and Oath to Count Mansfield p. 158. He dies of a Fever p. 159. His Character p. 159 160 161. c. His Letter to Pope Clement p. 165 Jermyn Sir Thomas p. 629 Iesuites 22. a. 143 150. Letter concerning the Parliament p. 479 646 Iudges Opinions p. 272 465 507 696 K. KEeper Lord vide Coventry KEeper Lord vide Williams Kensington Lord sent into France in order to a Match p. 114 King Charls vide Charls King James vide James Knighthood p. 203 Knightly Captain p. 15 Knolls Sir Robert ibid. L. LAmb Dr. killed by a tumult in London Streets p. 630 Lamb Sir John p. 440 Laud Dr. p. 61 62 159 171 202 426 443 444 466 630 646 647 649 Libels cast abroad against him p. 672 Lenthal Mr. p. 700 Littleton Mr. p. 534. Ap. 28 Loan Money p. 419 422 424 426 A List of the Gentry imprisoned about Loan Money p. 432 477 London City required to lend One hundred thousand pounds p. 419. They dispute it ibid. A Letter to them about Dr Lamb p. 630. Long Mr. brought upon a Habeas Corpus p. 675. His Case in Star-chamber p. 694. Ap. 18 Lukenar Mr Christopher p. 639 M MAinheim taken p. 70 Mallory Mr. p. 55 Mansel Sir Robert sent against Algier p. 34 Mansfield Count raises an Army of Twelve thousand men p. 156. A List of some of his Regiments p. 157. Their miscarriage at Sea p. 158 Manwaring Dr. his two Sermons concerning the Loan p. 427. Mr Rous Speech against him p. 593. The Commons Declaration against him p. 601. Mr Pim's Speech thereupon p. 604. The Sentence against him p. 612. His submission p. 613. His Sermon suppressed by Proclamation p. 645 Pardoned p. 647. And advanced Mason Mr. p. 570. App. 20 44 45 Martyn Sir Henry p. 527 585 600 629 Matthew Sir Toby p. 103 May Sir Humphry p. 546 Melvyn Mr. p. 639 Michael Sir Francis sentenced p. 28 Mompeson Sir Giles imprisoned p. 24. Sentenced p. 27 28. Morgan Sir Charls p. 425 649 Morton Sir Albertus p. 169 Montague p. 177 180 181 202 213. Advanced to a Bishoprick and his Apello Caesarem called in p. 646. Pardoned p. 647 Murrey Mr. p. 441 442 N. NEal Dr. Bishop of Winchester p. 630 Netherlands appear ready to imbrace the antient union with England p. 110. Six thousand English sent thither p. 425 Nobility p. 237 Noy Mr. upon a Habeas Corpus p. 463 569 642. Concerning Tonnage and Poundage p. 666. About Customs p. 668. O. Olivares Conde his Letter concâ—â—ning the Match p. 71 72 84 103 113 120 P. PAlatinate A War breaks forth in Germany p. 5. The Emperor adopts Ferdinando to be King p. 6. The Evangelicks Assemble at Prague ibid. The first occasion of the troubles in Bohemia ibid. The Evangelicks oâ—â—er violence to the Emperors Council p. 7. And put forth a Declaration ibid. The Emperor publishes a Manifesto in contradiction thereof ibid. Both parties aâ—â— p. 8. A Blazing Star appears ibid. The Emperor Matthias dies p. 11. A Cessation of Arms proposed ibid. The Evangelicks oppose the chusing of Ferdinando to be King ibid. Bethlem Gabor joyns with the Evangelicks p. 12. The Palatine craves King James his advice ibid. Accepts the Crown before he receives an Answer ibid. King James dislikes the action p. 13. The King of Poland aids the Emperor ibid. The Palatine proscribed p. 14. King James assists the Palatine with one Regiment ibid. The Evangelicks chuse a Generalissimo ibid. King James dislikes the War ibid. An Army of thirty thousand raised under Spinola ibid. Marches towards Bohemia therewith p. 15. The Protestants discouraged upon the approach of the Army ibid. The Elector of Saxony executes the Ban against the Palatine ibid. The Battel at Prague p. 17. an Order of the King and Council to recover the Palatinate ibid. The Princes of the Union decline the Palatine p. 21 Palatine propounds a Peace ibid. Protestant Towns reconciled to the Emperor p. 23. The Emperor proceeds to execution of divers Protestants p. 34. The Emperors reply to the Lord Digbies demands p. 37. The Duke of Bavaries answer ibid. The Emperors answer to Don Balthazar p. 38 The Palatine spoiled of his Hereditary Dominions p. 55. King James offers terms on the Palatines behalf and the Emperors answer p. 56. An Order of the Council to raise moneys for the Palatinate p. 60. Heidelburgh besieged p. 66. And taken p. 69. Manheâ—â— taken p. 70. No good intention in the Emperor nor King of Spain as to the Palatinate p. 70 71. Frankendale blocked up p. 74. The Electorate conferred upon the Duke of Bavaria ibid. The Protestant Princes Plea for the Palatine p. 74 75. Sir Dudley Carlton concerning the Palatine p. 76. The Palatine labors to engage Prince Charls against the marriage with Spain p. 102. King James puts the Palatine in hope by a Proposal of new terms p. 108. King James demands the Town of Frankendale deposited in the Arch-Dutchess hands p. 155. A Monument erected for two Brothers Fairfaxes slain at Frankendale ibid. An Army under Count Mansfield raised for the relief of the Palatinate p. 156. A List of the Regiments for the Palatinate p. 157. The Miscarriage of the Army Pag. 158. The Parliament meets p. 20. Adjourned p. 35. Their Declaration on behalf of the Palatinate p. 36. Meet again p. 39. Their Petition and Remonstrance to the King p. 40 41 c. King offended thereat p. 43. They notwithstanding send the Petition p. 44. A second parliament meets p. 115. Sir Thomas Crew chosen Speaker p. 117. They justifie the Duke in his Narrative p. 126. And advise the King not to proceed in the two Treaties of the Marriage and the Palatinate p. 128. Give the King three Subsidies and three Fifteens p. 135. A Parliament called again p. 175. Kings Speech in Parliament ibid. The Lord Keepers Speech p. 176. Sir Thomas Crew chosen Speaker ibid. Two Subsidies granted p. 178. Parliament adjourned to Oxford ibid. Where they insist upon grievances p. 180. And again question Montague ibid. Are moved by the King to hasten Supply p. 181. Present a Petition to the King against Recusants p. 185. And fall upon grievances p. 194 195. They are dissolved p. 195. A particular of what Acts â—â—â—sed the First Session of this Parliament ibid. A second Parliament meets p. 206. Lord Keepers Speech p. 206 207. Sir Hennage Finch chosen Speaker p. 208. His Speech ibid. They fall upon grievances p. 211. And again fall upon Montague p. 213. A Report of the cause of Evils and Remedies p. 218. Several Messages from the King p. 219 220. Doctor Turners Queries in Parliament p. 221. His Explanation p. 222. His Letter p. 223. Causes of grievances again opened in the House p. 223 224. Three Subsidies and three Fifteens Voted p. 225. Debate concerning the Duke resumed ibid. The Kings and Lord Keepers Speech concerning him p. 225 226. A List of the
favor of Roman Catholicks A difficulty concerning the Popes title on the Kings part Another on the Ambassadors part concerning prayers in the Kings Chappel A titular Bishop of Calcedon sent into England Preparations for conducting the Infanta into England No mention made in the Capitulations of restoring the Palatine Mr. Allured his Letter to the Duke The French jealous of this conjunction Pope Vrban to K. Iames. Pope Vrbans Letter to Prince Charls The Treaty begins to tend to a rupture The Prohibition to the Judges and Bishops in behalf of the Catholicks suspended Some of the English in Spain dislike the Match and Religion The Duke disgusted in Spain Buckingham and Bristol run different ways The Palatine by his Secretary labors to engage the Prince against the Marriage The Spaniard continues new delays The English Papists perplexed The Prince ready to depart from the Court of Spain leaves a Proxy with the Earl of Bristâ—l The Duke and Olivares part not Friends The Prince universally â—steemed His departure solemn The Prince feasted the Dons aboard his Ship and bringing them back again to the shore a storm surprises them Expressions of joy for the Princes safe return into England Private Instructions delivered to Bristol contrary to the Proxy Bristol in a Letter gives the Prince a good account of the business King Iames falls off and for a Condition of the Mariage demands the Restitution of the Palatinate Bristol and Asâ—â—n demur upon the new Instructions Sir Walter Aston endeavors to reconcile the Dâ—ke to Spain Advice to the King touching the Duke The Earl of Bristol is commanded by the King to follow the new Instructions King Iames puts the Palatine in hope by Proposal of new terms The Palatines Answer to those Terms proposed by the King The Netherlands appear ready to embrace the antient Union with England The Ratifiâ—â—â—ication come from the new Popâ— and when all is ready for the E 〈◊〉 ls thâ—n is the Maâ—ch dasht by order from England Bristol sends his Apology to K. Iames for having demurred upon the new Instructions Olivares offers Bristol large Preferments in the Kings name when he was to take his leave Bristols Answer to those Profers The Spaniards prepare for a War with England The L. Kensington sent Ambassador into France to feel the pulse of that Court touching a Match renders an account of his acceptance The King advised to call a Parliament The Kings Speech to the Parliament The King approves Sir Tho. Crew for Speaker who made this Speech The Dukes Narrative Both Houses of Parliament justifie the Duke in his Narrative His Majesties Answer to that Justification Both Houses of Parliament concur that the King may not honorably proceed in tâ—e Treaty of the Prince's Marriage and the Palatinate The Kings Speech 〈◊〉 Parliament perswaâ—â—â—â— him to break off the two Treaties of the Match and of the Palatinate Sir Edw. Sackvile's Speech Sir Edw. Sackvile's Speech The Parliaments Answer to the Kings Speech The Parliament offers his Majesty Three Subsidies and Three Fifteens if he break off both Treaties His Majesties Reply The King declares his Resolution to dissolve the Treaties The King accepts the aid proffered him King Iames his Letter to Secretary Conway touching a Petition against the Papists The Petition His Majesties Answer to the Petition The Spanish Ambassadors accuse Buckingham to the King of matters of high concernment The issue of those Accusations The Earl of Bristol protests against the Dukes Narration is imprisoned in the Tower The Speakers and the Kings Speech at the Adjournment of the Parliament Kings Iames demands the Town of Frankendal deposited in the Archducâ—hess hands Spinola marches out of the Town and immediately Re-enters King Iames very desirous of a Match with France The Match with France concluded Count Mansfield arrrives in England 12000 Foot and 200 horse raised to go under his command Scarce the third part of Count Mansfields Army came safe to Land Richard Smith made Bishop of Calcedon and sent into England with Episcopal Jurisdiction * The Duke of Buckingham Instructions to Mr Drummond The Privy-Counsellors present themselves to King Charles King Charles proclaimed at Theobalds At Whitehall In London The old Privy-Council new sworn The Councils advice to the King Proclamation concerning Persons in Office c. Proclamation of Government Resolution taken by the King concerning King Iames Funeral and his own Marriage A Parlamenâ— summoned King Iames Funeral Duke of Buckingham continues Favorite to King Charles Religion considered A general Muster Souldiers levied for the Palatinate Proclamation against disorders committed by Souldiers Articles of the marriage with France signed by the King Private Articles in favor of the Catholicks The Marriage solemnized in France The Duke sent into France for the Queen A Royal Navy sent to Bolâ—ign to transport the Queen The Marriage consummated at Canterbury The Trained Bands of Kent commanded to attend the Queen The King and Queen come to London A Chappel built at Somerset-house for the Queen A great Plague in London The Parliament opened The Kings Speech in Parliament The Lord Keepers Speech in Parliament Sir Tho. Crew Speaker Debates in the House of Commons A Fast. Committees chosen Message to the King touching Religion and his Answer Mr. Montague brought to the Bar. The Arminian party assert his cause The King takes Montagues businâ—â—â— into his own hand Two Subsidies presented to the King The King accepts them and desires more A short Answer to the Petition touching Religion The Parliament adjourned to Oxford The Exchequer removed to Richmond The Vantguard and seven other Ships employed against Rochel The Parliament meets again at Oxford Grievances Mr. Montague Summoned to appear His Cause recommended by the Bishops to the Duke The Appeal to Caesar disputed The Kings Speech in Christ-Church Lord Conway and Secretary Cook by the Kings Command declare the present slate of Affairs Lord Treasurer proceeds in that subject Debates in the House of Commons touching the present state of Affairs Complaints against Papists favored notwithstanding the Kings Answer to the Petition against them The Petition concerning Religion together with his 〈…〉 The Duke renders an account to both Houses of the Fleet. He speaks by way of Objection and Answer * The Earl of Bristol The Dukes Relation accasioned variety of Opinions in Parliament The Kings Message to the Commons Debates upon the Kings Message The Commons Declaration The Parliament dissolved The King follows his Design of War The Kings Proclamation to recal home children of Recusants The Kings Letter to the Lieutenants for the Loan of Money upon Privy-Seals Privy-Seals issued forth to certain Persons Warrants for disarming Recusants Letters directed to Lords Recusants Concourse of Papists prevented Viscount Wimbleton Commander in Chief in the Voyage to Cadez Lord Cromwels Letter to the Duke touching the Fleet. The Earl of Warwick secures Langer-Point in Essex English and Dutch Fleet before Dunkirk dispersed by a storm The General examined before the Council The
exception The Petition presented again and the word present left out The Kings answer to the Petition so ordered The Kings Answer to the Petition Another Petition of the Lords touchâ— the Earl of Arundel The Kings Answer to this Petition The Lords adjourn in disgust till the morrow His Majesties Message to the Lords Upon this Message the Lords adjourn for a seven-night Another Message to the Lords from his Majesty concerning the Earl of Arundel The Lords adjourn again Another Message from the King to the Lords concerning the Earl of Arundel Another Message to the Lords from his Majesty The Earl of Arundel released comes to the House The Duke chosen Chancellor of Cambridge during his Impeachment The Earl of Berk-shire's Letter to Mr. Chester touching Votes conferred upon him in the Choice of the Chancellor of Cambridge The Commons Answer His Majesties Reply The Dukes Letter of Acknowledgement to the University of Cambridge The Kings Letter to the said University The Duke of Buckinghams Speech to the Lords House before he gave in his Answer His Answer and Plea to the Impeachment of the House of Commons His Charge touching Plurality of Offices His Charge touching his buying the Admirals place The Charge touching his buying the Wardenship of the Cinque Ports The Charge touching his not guarding the Seas The Charge touching the unjust stay of the Ship of Newhaven called the St. Peter after Sentence The Charge touching his Extortion of Ten thousand pounds from the East-India Company with the abuse of the Parliament The Charge touching his putting the Ships into the hands of the French Since the Dukes Answer delivered into the House he hath himself openly declared to their Lordships That for the better clearing of his Honor and Fidelity to the State in that part of his Charge which is objected against him by this Seventh Article he hath been an earnest and humble Suiter to his Majesty to give him leave in his Proofs to unfold the whole Truth and Secret of that great Action and hath obtained his Majesties gratious leave therein and accordingly doth intend to make such open and clear Proof thereof that he nothing doubteth but the same when it shall appear will not onely clear him from blame but be a Testimony of his care and faithfulness in serving the State The Charge touching his practice of the employment of them against Rochel The Charge touching the compelling the Lord R. to buy Honor. The Charge touching his selling of places of Judicature The Charge touching his procuring of Honors for his poor Kinred The Charge touching his exhausting intercepting and mis-employing the Kings Revenue The Charge touching his transcendent presumption in giving Physick to the King The Kings Letter to the Speaker touching speedy supply to his Majesty The Commons Petition to the King concerning Recusants The Commons Answer to his Majesties Letter by the Speaker * Mr Glanvile The Kings Declaration of the Causes of assembling and dissolving the two last Parliaments The King takes notice of the intended Remonstrance in a Proclamation Another Proclamation against preaching or disputing the Arminian Controversies pro or con The King commands an Information to be preferred against the Duke in Star-Chamber The King forbids to solicite any Suit prohibited in the Book of Bounty The Council order all Customs to be paid And Forfeitures arising from Recusants A Commission to compound with Recusants A Proclamation to make the Kings Revenue certain The King sends to the Nobles to lend him liberally He demands of the City the Loan of One hundred thousand pounds The Port Towns are to furnish Ships The Ports of Dorsetshire send an excuse The City of London desire an Abatement of their Ships Are checkt by the Council Privy Seals issued out A Fast observed Commissions to Deputy Lieutenants to Muster Try and Array men Inhabitants withdrawn from Ports and Sea Towns required to return Ships sent to the River of Elbe A Fleet prepared The King of Denmarks Declaration why he takes up Arms against the Emperor A Battel between the Dane and the Emperor The overthrow of the King of Denmark an Inducement to the raising of Moneys by Loan A Declaration concerning Loan-Money Private Instructions to the Commissioners for the general Loan Billeting of Soldiers Commissions for Martial Law The Lords to advance the Loan Sir Randolph Crew removed from his place for not furthering the Loan Informations sent to the Council Table against the Bishop of Lincoln The Bishop refuses to proceed Ex Officio against the Puritans * Meaning the Petition against Recusants at Oxford Puritans described by Sir Iohn Lamb. Information in Star-Chamber against the Bishop of Lincoln Bishop Laud his Dream The interpretation thereof Six thousand English in the Service of the Vnited Provinces Sir Charls Morgan General of the English forces Some do refuse the Loan though others offered to lend the refusers money so they would but subscribe They are ordered to be pressed for Soldiers The Refusers to lend were severely deal with An. 1627. Dr. Sibthorps Sermon concerning the Loan Dr. Manwaring in two Sermons promotes the Loan Distastes and jealousies between England and France The French dismissed Ill resented in France Private Transactions to engage in a War against France The King of Great Britains Declaration concerning a War with France The Duke of Buckingham Admiral and General His Commission The Duke sets â—ail with the Fleet and Army The Rochellers are fearful to admit the English Yet call an Assembly and heard Sir William Beechers Message The Rochellers still timerous A well affected party in Rochel The Duke communicates his design to Sobiez The Duke lands his Army at the Isle of Rhee A â—ore â—ight at the landing The Army stays five days after the fight A Fort neglected to be taken in The French astonished at the landing of the English The Duke comes before the Fort at St. Martins Blocks up the Cittadel Gentlemen secured and confined for refusing to part with money upon the Loan Sir John Elliots Petition to the King concerning the Loan Archbishop Abbot in disfavor The Commission to Sequester Archbishop Abbot from all his Ecclesiastiâ—al Offices The Archbishops Narrative concerning his disgrace at Court His Age when this befel him His indisposition kept him from Court and exposed him to censure The Duke offended with the Archbishop for not stooping to him The Archbishop is foretold of the Dukes displeasure Sibthorps Sermon for Loan Money The Dukes design in having this Sermon sent to the Archbishop to Licence it Mr Murrey sent from the King with the Sermon to the Archbishop to have it Licenced by himself The discourse by way of Dialogue between the Archbishop and Mr. Murrey on that occasion The Archbishops Reasons why he could not Licence it His Majesty returns Answer by Mr. Murrey to those Reasons of the Archbishop The Archbishop desires Bishop Laud may be sent to him to treat of that Sermon The Archbishop sends his Objections to the Court
Edward Cook A Message from the King to the House of Commons to end the Sessions Mr. Pyms Speech at the delivery of the charge against Dr. Manwaring â—udgement given against Dr. Manwawaring Dr. Manwaings submissions Another Message from the King Sir Robert Phillips Sir John Elliot Sir Dudly Diggs Sir Nathan Rich. The Commons declare that no undutiful Speech hath been spoken Mr. Wandesford Sir Edw. Cook declares the Duke the cause of all our miseries Mr. Seldens advice for a Declaration against the Duke Several heads agreed on for a Remonstrance A Message from the King by the Speakâ—r Another Message from the King to the Commons A Message from his Majesty tâ— the house of Lords The Kings Message gâ—ves the Commons more hope then formerly Burlemack called into the House The Petition of both Houses to his Majesty for a further Answer to the Petition of right His Majesties second Answer to the Petition of right All Grand Committees to cease Sir Edward Cooks Observations upon the said Commission Sir Edward Cook mannageth the Conference between both Houses concerning the Commission Fâ—resh Debate in the House against the Duke Sir Iohn Elliot Sir Henry Martin Sir Benjamin Rudyard Sir Thomas Jermin Dr. Lamb killed A Letter to the City about Dr. Lambs Death Dr. Neal Dr. Laud suspected for Atminians Mr. Selden The Commons Remonstrance against the Duke The Speaker appointed to deliver the Remonstrance Order in Star-Chamber concerning the Duke The Duke desires to clear himself concerning some words The Comission for Excise cancelled Mr. Selden concerning Tunnage and Poundage The Commons Remonstrance of Tunnage and Poundage Mr. Noy The K. ends this Session in person and declares the reason Dr. Manwarings Sermon suppâ—essed by Proclamation A Proclamation and commissiâ—n concerning composition with Recusants A Proclamation against the Bâ—shop of Calcedon Romish Priests to be sent to Wisbitch Jesuites taken at Clerkenwell or acted to be proceeded against Order to search what Recusants are about London Sir Richard Weston and Bishop Laud advanced Mr. Montague advanced and his Apello Caesarem called in Preaching and Writing pro con about unnecessary questions prohibited A pardon granted to Dr. Manwaring Dr. Montague Rochel close besieged and relief designed The Duke slain Dr. Montague consecrated Bishop Rochel again attempted to be relieved but in vain The sad condition of Rochel at the surrender Defects in the relief of Rochel questioned Outrages committed by souldiers Advertisement of forreign designes The King of Denmark assisted with forces The German House disposed of Dr. Laud in â—avour with the King Conge d'esâ—ier for certain Bishops The meeting of the Parliament adjourned to Jan. 20. Great resort to Felton in prison Felton examined before the Council Threatned to be Racked The Judges opinions taken therein Merchants committed about Customs Merchants summonned to the Councel Table Mr. Chambers brought up with a Habeas Corpus and bailed Lords of the Councel dissatisfied with his bailing Felton brought to trial Confesseth the Fact Tenders his hand to be cut off Hung in chains Mr. Vassals goods seised on for denying Customes Information pâ—eserved against him Mr. Vassals plea to the Information Mr. Chambers goods seised on for not paying customes A Replevin sued ouâ— And superseaded Mr. Rolls a Merchant Private consultations about the ensuing Parliament The Parliament meets they enquire whether the Petition of Right be enrolled What were the violations of the Subjects Liberties since the last Parliament Sir Robert Philips Speech concerning that matter The matter was referred to a Committee The Kings Speech to both Houses in the Banqueting House The K. sends a Message to the House of Commons speedily to take Tunnagâ— Poundage in to consideration But the Commons resolvâ— to proceed in matters of Religion Mr. Rous Speech â—oncerning Religion A Report from the Commâ—tee for Religion The Remonstrance concerning Religion sent back by the King Precedency again given to Religion before Tunnage and Poundage Mr. Pyms speech concerning Religion Message by Secretary Cook about Tunnage and Poundage Sir Tho. Edmâ—nds Mr. Corriton An Answer resolved to be given to the Kings messages Sir Iohn Eliot concerning Religion The Commons enter into a Vow Both Houses Petition the King for a fast His Majesties Answer The Commons Declaration to the King to give precedency to Religion His Majesties Answer to the Commons Declaration Debate about the Kings Dâ—claration concerning disputes about Religion Mr. Rolls sitting in Parliament was called forth and served with a Subpaenâ Debate concerning the same The mistake of the Subpaenâ cleared A report from the Committee for Tunnage and Poundage Committee meeâ— agâ—n upon Tunnage and Poundage Mr. Noy concerning Tunnage and Poundage Barons of the Exchequer sent unto about staying the delivery of Merchants goods The Barons Answer Not satisfactory A report concerning pardons to Dr. Manwaring Mr. Montague c. Mr. Cromwel against the Bishop of Winchester A complaint of the noâ— licensing of Books against Popery Mr. Selden concerning Printing Debates about increase of Popery Secretary Cook concerning the Priests arraigned at Newgate Mr. Long a Justice of peace examined Sir Robert Heath his answer concerning the prosecution of the Priests A Fast. Mr. Dawes answer to the Commons Mr Carmarthens answer Mr. Selden The House in a Committee about the Customers answer Mr. Noy Message by Secretary Cook from the King about the Customers Order by the King and Council concelning the Costomers The Kings Commission to the Customers c. Resolve concerning Mr. Rolls Debates Sir Iohn Ellyots Speech against particular persons * Lord Weston afterwards died a Papist The Speaker refuses to put the Question Mr. Seldens Speech thereupon The Speaker again refuseth to put the Question Protestation in Parliament propounded whilst the Speaker was held in his chair The King sends the Usher of the Lords House Warrants to apprehend several Members of Parliament The Kings Speech at the Dissolution of the Parliament Libels cast abroad Members examined before the Lords of the Council 5 Caroli Anno 1629. Questions propounded to the Judges concerning the imprisoned Members Answer Mr. Stroud and Mr. Long brought upon a Habeas Corpus An Information in Star-Chamber against the Members Ro. Heath Hu Davenport Ro. Bartley Heneage Finch William Hudson An Information in Star Chamber against Sir Io. Elliot c. Proceedings in Star-Chamber against Mr. Chambers His Answer His Sentence A submission tendred His refusal Places of Scripture mentioned by him Isa. 29.21 Ecclus. 11.7 8 John 7.51 Act. 26.2 Exod. 23.6 Deut. 16.19 Mich. 2.1 2. Ezek. 45.9 and 46.8 Eccles. 5.8 London His Plea in the Exchequer H. 3.9 E. 1.3 H. 3.9 E. 3.5 t H. 7.3 H. 8.21 1629. 16 Iune London Order in the Exchequer Mr. Chambers brought by a Habeas Corpus His Petition to the Parliament His death Mr. Selden brought upon a Habeas Corpus A letter from the King to the Judges Another Letter L' Assembli des Notables A Letter to the Judges The King confers with some of them Motion to bail the prisoners An Information exhibited in the Kings Bench against vir Iohn Elliot c. The Plea of Sir Iohn Elliot Mr Long 's Case in the Star-Chamber Arguments concerning Sir Iohn Elliot Lord Chief Justice Hide Justice Whitlock Judgment Judgment pronounced The Kings Declaration of the causes which moved him to dissolve the last Parliament * Here are the passages concerning the Members deportment in the House mentioned in this Declaration which we â—orbear to repeat in regard the same are at large expressed in the Information in the Star-chamber before mentioned A Proposition presented to the King how to keep in awe this nation First to have a Fortresse in every considerable Town Secondly To cause high-waies to be made through such Townes Thirdly To choose the Souldiers of such Fortresses no Inhabitants of the place 4. To let none passe through such places without a Ticket 5. To have the names of all lodgers taken by Inkeepers The expence of these Forts To impose an oath on the Subjects Meanes â—o increase the King's revenewes 1 To demand a Decima of mens estates 2 To buy out all Leases upon the Crown-Lands 3 To take the Salt into his Majesties own hands 4 To demand a rate for Sealing the weights every yeare 5 To demand an Impost for Wools. 6 To put a Tax upon every Lawyers Fee 7 To put a Tax upon Inns and Victualling-houses for a License 8 To put a Tax upon all Carâ—le Flesh and Horses sold in the Market 9 To put a Tax upon all Lands alienated 10 To demand a rate upon all Offices in his Majestie 's grant 11 To reduce his Majesties Houshold to Board wages 12 To demand a rate for license to eat Lacticinia 13 To take an imposition upon the Catholicks lands At the Prince his marriage to make Earls in Principi to pay for it And Barons to be made Earls To make 200 rich men Titulate and they to pay for the Titles To make Gentlemen of low quality and rich Farmers Esquires Mr. Stroud Esq brought to the Kings-Bench-Bar upon a Habeas Corpus Also Walter Long Esq. Mr. Mason of Lincolns-Inn his Argument for Mr. Long. Serjeant Barckley his Argument against Stroud and Long. Serjeant Davenport's Argument against Stroud and Long Mr. Littleton's Argument for Mr. Selden See Fortoscue f. 115. the which was not cited there never Sedition Strife or Murmur is heard Sir Rob. Heath the Kings Atturney Generall his Argument against Mr. Selden An Information exhibited in the King's Bench against Sir Iohn Eliot and others Mr. Mason's Argument for Sir John Eliot Mr. Calibrop's Argument for Mr. Valentine Camden's Brit. 449. 1. Object 2. Object 3. Object 4. Object 5. Object 6. Object 7. Object 8. Object Sir Rob. Heaths Argument against Sir John Elliot 1 Car 16 Jac. 1618. 1 Car. 1625.
willing Heart and has no longer continuance then whilst the impression of that fear lasts But few words are best to Princes vouchsafe Your Highness Pardon to him who thus presumes to make so mean an Oblation at so high an Altar Your good Acceptation will be the greatest Honor to it and to Your Highness humblest and most Obedient Servant JOHN RUSHWORTH THE PREFACE MY Business in this ensuing Work is to render a faithful account of several Traverses of State and of the most important Passages in debate between the respective Advocates for Prerogative and Liberty the Dispute was ominous and fatal as being the Introduction and that which gave the Alarm to a Civil War a War fierce unnatural and full of wonderful coincidences both in the Causes and Consequences of it Humanum est humanis casibus ingemiscere Therefore if I studied to please my self and gratifie the inclination of my own temper and affection you might peradventure hear from me of the Courage Exploits and Success of my Countrey-men in Forein Expeditions but not of their Animosities in Domestick Encounters Yet certainly of some use it may be to us and of concernment also to those that may come after us Infandum renovare dolorem to consider indifferently how we came to fall out among our selves and so to learn the true causes the rises and growths of our late Miseries the strange Alterations and Revolutions with the Characters of divers eminent Persons the Mutability of Councils the Remarkableness of Actions the Subtilty of Pretentions the Drifts of Interests the Secrets of State and which are the words of an Act of Parliament the deportment of a Prince wisely dissimulating with his People From such premisses the best Deduction which can be made is to look up to and acknowledge God who onely is unchangeable and to admire his Wisdom and Providence even in Humane Miscarriages For Empires and Kingdoms and Commonwealths every where in the World have their Periods but the Histories thereof remain and live for the Instruction of Men and Glory of God I finde an Expression in Sir Walter Raleighs Preface to his History of the World which seems to suit well with these Collections I shall make so far bold with that Memorable Person whose death bears a sad part in this Story as to borrow his own words It is not the least debt saith he which we ow unto History that it hath made us acquainted with our dead Ancestors and delivered us their Memory and Fame Besides we gather out of it a Policy no lesswise then Eternal by the Comparison and Application of other Mens fore-passed Miseries with our own-like Errors and ill-deservings but it is neither of Examples the most lively Instructions nor the Words of the wisest Men nor the Terror of future Torments that hath yet so wrought in our blinde and stupified Mindes as to make us remember That the infinite Eye and Wisdom of God doth so pierce through all our pretences as to make us remember That the Iustice of God doth require no other accuser then our own Consciences And though it hath pleased God to reserve the art of reading mens thoughts to himself yet as the Fruit tells the name of the Tree so do the outward Works of men so far as their Cogitations are acted give us whereof to ghess at the rest No man can long continue masqued in a counterfeit behaviour The things that are forced for pretences having no ground of truth cannot long dissemble their own natures And although Religion saith he and the truth thereof be in every mans mouth what is it other then an universal dissimulation We profess that we know God but by works we deny him Beatitudo non est divinorum cognitio sed vita divina There is nothing more to be admired nothing more to be lamented then the private contention the passionate dispute the personal hatred c. about Religion amongst Christians insomuch as it hath well near driven the practice thereof out of the world So that we are in effect saith he become Comedians in Religion For Charity Justice and Truth have but their being in Terms amongst us In the close of his Preface he adviseth the Reader to take heed how he follows Truth too close at the heels lest it strike out his teeth I hope this Story begins with a distance of time not so far off as the footsteps of Truth are worne out nor yet so near as the heels of it need to be feared But this I am sure That had I not gone so far back as I do I had not reached the Fundamentals to the History of these Times It hath been observed by some That most Historians speak too much and say too little I doubt others will think I speak too little and say too much So it will be difficult to please all I know very well the Collections which I publish will receive no advantage nor commendation from the Collector And that it may likewise receive no prejudice I am as ready to confess as any man in the world is to object my wants and inabilities which indeed to men of sober discourse may render me unfit to be entertained in the Council but not unqualified to be impanelled of the Jury For I began early to take in Characters Speeches and Passages at Conferences in Parliament and from the Kings own mouth when he spake to both the Houses and have been upon the Stage continually and an Eye and Ear-witness of the greatest Transactions imployed as an Agent in and intrusted with Affairs of weightiest concernment Privy also both to the Debates in Parliament and to the most secret Results of Councils of War in times of Action Which I mention without ostentation only to qualifie me to report to Posterity what will rather be their wonder at first then their belief It is pity they should altogether be deprived of the Advantages which they may reap from our Misfortunes Hereafter they will hear that every man almost in this Generation durst fight for what either was or pretended to be Truth They should also know that some durst write the Truth whilst other mens Fancies were more busie then their hands forging Relations building and battering Castles in the Air publishing Speeches as spoken in Parliament which were never spoken there printing Declarations which were never passed relating Battels which were never fought and Victories which were never obtained dispersing Letters which were never writ by the Authors together with many such Contrivances to abet a Party or Interest Pudet haec opprobria Such practices and the experience I had thereof and the impossibility for any man in After-ages to ground a true History by relying on the printed Pamphlets in our days which passed the Press whilst it was without control obliged me to all the pains and charge I have been at for many years together to make a Great Collection and whilst things were fresh in memory to separate Truth from Falshood things
beforehand for the defence of the Palatinate and the maintenance of his Children expelled out of their Countrey and for the raising of an Army for that recovery That he had procured a short Truce and did hope to obtain a general peace But the charges of sending Ambassadors over Christendom or an Army into the Palatinate in case a peace were not setled could not be borne but by the Grant of more Subsidies Moreover he protested before God That he would not dissolve the Parliament till the matters in agitation were finished Soon after the Lord Chancellor Bacon was proceeded against and a Conference of both Houses was held concerning him Where first the Commons observed his incomparable good parts which they highly commended secondly They magnified the place he held from whence Bounty Justice and Mercy were to be distributed to the Subjects whither all great Causes were drawn and from whence there was no Appeal in case of injustice or wrong done save to the Parliament Thirdly He was accused of great Bribery and Corruption in this eminent place and the particulars were laid open Then they concluded that this matter which concerned a person of so great eminency might not depend long before their Lordships but that the Examination of Proofs be expedited that as he shall be found upon tryal either he or his accusers might be punished After this the Marquess of Buckingham Lord Admiral declared to the House of Lords That he had received a Letter from the Chancellor expressing that he was indisposed in health but whither he lived or died he would be glad to preserve his Honor and Fame as far as he was worthy desiring to be maintained in their good opinions without prejudice till his cause was heard that he should not trick up Innocency with cavillation but plainly and ingenuously declare what he knew or remembred being happy that he had such Noble Peers and Reverend Prelates to discern of his Cause That he desired no priviledge of greatness for subterfuge of guiltiness but meaned to deal fairly and plainly with their Lordships and to put himself upon their Honors and Favors But the Charge came home upon him insomuch that he abandoned all defence and onely implored a favorable judgment in this humble Submission and Supplication to the House of Lords May it please your Lordships I Shall humbly crave at your hands a benign interpretation of that which I shall now write For words that come from wasted spirits and oppressed mindes are more safe in being deposited to a noble construction then being circled with any reserved Caution This being moved and as I hope obtained of your Lordships as a protection to all that I shall say I shall go on but with a very strange entrance as may seem to your Lordships at first For in the midst of a state of as great affliction as I think a mortal man can endure Honor being above Life I shall begin with the professing of gladness in some things The first is That hereafter the greatness of a Iudge or Magistrate shall be no sanctuary or protection to him against guiltiness which is the beginning of a Golden Work The next That after this example it is like that Iudges will flie from any thing in the likeness of Corruption though it were at a great distance as from a Serpent which tends to the purging of the Courts of Iustice and reducing them to their true honor and splendor And in these two points God is my witness though it be my fortune to be the Anvile upon which these two effects are broken and wrought I take no small comfort But to pass from the motions of my heart whereof God is my Iudge to the merits of my Cause whereof your Lordships are Iudges under God and his Lieutenant I do understand there hath been heretofore expected from me some justification and therefore I have chosen one onely justification instead of all others out of the justification of Job For after the clear submission and confession which I shall now make unto your Lordships I hope I may say and justifie with Job in these words I have not hid my sin as did Adam nor concealed my faults in my bosome This is the onely justification which I will use It resteth therefore That without Fig-leaves I do ingenuously confess and acknowledge that having understood the particulars of the Charge not formally from the House but enough to inform my conscience and memory I finde matter sufficient and full both to move me to desert my Defence and to move your Lordships to condemn and censure me Neither will I trouble your Lordships by singling these particulars which I think might fall off Quid te exempta juvat spinis de pluribus uva Neither will I prompt your Lordships to observe upon the proofs where they come not home or the scruple touching the credits of the Witnesses Neither will I represent to your Lordships how far a Defence might in divers things extenuate the Offence in respect of the time and manner of the guilt or the like circumstances but onely leave these things to spring out of your more noble thoughts and observations of the evidence and examinations themselves and charitably to winde about the particulars of the Charge here and there as God shall put into your minde and so submit my self wholly to your Piety and Grace And now I have spoken to your Lordships as Iudges I shall say a few words unto you as Peers and Prelates humbly commending my Cause to your noble mindes and magnanimous affections Your Lordships are not simply Iudges but Parliamentary Iudges you have a further extent of Arbitrary power then other Courts and if you be not tyed by ordinary course of Courts or Precedents in points of strictness and severity much less in points of Mercy and Mitigation And yet if any thing which I shall move might be contrary to your honorable and worthy End the introducing a Reformation I should not seek it But herein I beseech your Lordships to give me leave to tell you a story Titus Manlius took his Sons life for giving battel against the Prohibition of his General Not many years after the like severity was pursued by Papitius Cursor the Dictator against Quintus Maximus who being upon the point to be sentenced was by the intercession of some particular persons of the Senate spared Whereupon Livie maketh this grave and gratious observation Neque minus firmata est Disciplinae Militaris periculo Quinti Maximi quà m miserabili supplicio Titi Manlii The Discipline of War was no less established by the questioning of Quintus Maximus then by the punishment of Titus Manlius and the same reason is in the Reformation of Iustice. For the questioning of men in eminent places hath the same terror though not the same rigor with the punishment But my Cause stays not there for my humble desire is That his Majesty would take the Seal into his hands which is
other Ambassadors will do so no more I am a good Master that never doubted of him for I know him to be so good a Schollar of mine that I say without vanâ—ty he will not exceed his Masters Dictates And I trust the Report not the worse he made because it is approved by you all yet I believe an honest man as much as all the World and the rather because he was a Disciple of mine And I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I finde you have done The Lords having debated those high Matters of State which the King put into their hands delivered their opinions That his Majesty cannot with honor and safety and with the conveniency of State and Religion proceed any further in the Treaty of the Princes Marriage nor relie any longer upon the Treaty for the recovery of the Palatinate in which Vote the Commons concurred with them And in this manner both Houses Addressed themselves to the King May it please your most Excellent Majesty WE are come unto you imployed from your most faithful Subjects and Servants the Lords and Commons assembled in this present Parliament And first They and we do give most humble and hearty thanks unto Almighty God that out of his gracious goodness he hath been pleased now at last to dispel the Clouds and Mists which for so many years have dimmed the eyes of a great part of Christendom in the business whereof we do now consult And secondly We acknowledge our selves most bound unto your Majesty that you have been pleased to require the humble Advice of us your obedient Subjects in a Case so important as this is which hitherto dependeth between your Majesty and the King of Spain Which we jointly offer from both Houses no one person there dissenting or disagreeing from the rest And it is upon mature consideration and weighing many particulars of sundry natures that finding so much wanâ— of Sincerity in all their Proceedings We super totam materiam present this our humble Address unto your Majesty That the Treaties both for the Marriage and the Palatinate may not any longer be continued with the honor of your Majesty the safety of your People the welfare of your Children and Posterity as also the assurance of your antient Allies and Confederates Reasons were also presented to fortifie this Vote Whereas the Propositions of the Match were at the first no more then Liberty of Conscience to the Infanta and her Family which the King might in honor grant The Spaniards taking advantage of the Prince's being in Spain importuned a General Connivence of Religion to the diminution of the Kings Soveraignty and against the usage of other Catholick Princes in the like Treaties and to the discouragement of all his well-affected Subjects And this they have labored with the Pope being of mischievous consequence During this Treaty the Popish Faction hath mightily increased And whereas heretofore they were wont to be divided some taking part with the Secular Priests and some with the Iesuites they are united which is a matter of great consequence considering they do as well depend on Spain for Temporal matters as on Rome for Spiritual And they cannot be suppressed as long as the Treaty holds They have by this Treaty devoured our Allies and the Protestant party in Germany and elswhere to the decay of true Religion and to the jealousie of our Friends beyond the Seas During this Treaty of Love they have spoiled his Majesties Son-in-law of his Lands and Honors and notwithstanding promises of Restitution still invaded his Rights and at length turned pretended Difficulties into apparent Impossibilities They have deluded our King and offered indignity to our Prince by importuning him again and again to a Conversion contrary â—o the Law of Hospitality and the Priviledge of Princes The Insincerity of their Proceedings is to be seen by that former Overture of Marriage for the late Prince Henry which after many specious Motions was followed with a disavowing of their own Ambassador and a scornful Proposition made to the King of the Prince's altering his Religion As also by the Treaty of Bruxels where the Lord Weston found nothing but Delays and Deceit and after divers peremptory Commands from Spain for his Majesties satisfaction it wrought no other effect then the Besieging and taking of Heidelburgh insomuch that the Ambassador was forced to protest and return To these things were added the Translation of the Electorate to the Duke of Bavaria and the Letter of the King of Spain to Conde Olivares with the Conde's Answer which imported that the Match was never intended As also after the Prince had taken a hazardous Journey they devised a shift by a Iuncto of Divines to let him come home without the Lady These Reasons were presented to the King by the universal consent of the House of Commons Hereupon the King came to Parliament and made a Speech deliberative enquiring into the Condition of the War which they advised and the means to uphold and carry it on My Lords and Gentlemen all I Have cause first to thank God with my heart and all the faculties of my mind that my Speech which I delivered in Parliament hath taken so good effect amongst you as that with an unanimous consent you have freely and speedily given me your Advice in this great Business for which I also thank you all as heartily as I can I also give my particular thanks to the Gentlemen of the Lower House for that I heard when some would have cast Jealousies and Doubts between me and my people they presently quelled those motions which otherwise might indeed have hindred the happy Agreement I hope to find in this Parliament You give me your Advice to break off both the Treaties as well concerning the Match as the Palatinate And now give me leave as an old King to propound my Doubts and hereafter to give you my Answer First it is true that I who have been all the days of my life a peaceable King and have had the honor in my Titles and Impresses to be stiled Rex Paciâ—icus should be loth without necessity to imbroil my self with War far from my Nature and from my Honor which I have had at home and abroad in endeavouring to avoid the effusion of Christian blood of which too much hath been shed and so much against my heart I say that unless it be upon such a Necessity that I may call it as some say merrily of Women Malum necessarium I should be loth to enter into it And I must likewise acquaint you that I have had no small hope given me of obtaining better Conditions for the Restitution of the Palatinate and that even since the sitting down of the Parliament But be not jealous or think me such a King that would under pretence of asking your Advice put a scorn upon you by disdaining and rejecting it For you
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
impaired the same I would you would hasten for my Supply or else it will be worse for your selves For if any ill happen I think I shall be the last shall feel it Afterwards the Commons fell upon the Duke as the chief Cause of all Publick Miscarriages Doctor Turner a Physitian propounded in the House these Questions which were then commonly called Queries against the Duke of Buckingham and were grounded upon Publick Fame 1. Whether the Duke being Admiral be not the Cause of the loss of the Kings Royalty in the Narrow-Seas 2. Whether the unreasonable exorbitant and immense Gifts of Money and Lands bestowed on the Duke and his Kindred be not the Cause of impairing the Kings Revenue and impoverishing of the Crown 3. Whether the Multiplicity of Offices conferred upon the Duke and others depending upon him whereof they were not capable be not the Cause of the Evil Government of this Kingdom 4. Whether Recusants in general by a kind of Connivencie be not borne out and increased by reason of the Dukes Mother and Father-in-law being known Papists 5. Whether the Sale of Honors Offices and Places of Judicature and Ecclesiastical Livings and Promotions a scandal and hurt to the Kingdom be not through the Duke 6. Whether the Dukes staying at home being Admiral and General in the Fleet of the Sea and Land-Army were not the Cause of the bad success and overthrow of that Action And whether he did give good direction for that Design All these are famed to be so Hereupon two Questions were moved in Parliament 1. Whether the Six Heads delivered by Doctor Turner to be the Cause of the Evils that were grounded upon Common Fame be to be debated in Parliament 2. Whether an Accusation upon Common Fame by a Member of this House be a Parliamentary way It was declared by Sir Tho. Wentworth Mr. Noy and other Lawyers in the Debate That there was a difference between Common Fame and Rumor For the General voice Vox populi is Common Fame And if Common Fame might not be admitted as an Accuser Great men would be the onely safe men for no Private person dare adventure to enquire into their Actions But the House of Commons is a House of Information and Presentment but not a House of Definitive Judgment So the House came to this Resolution That Common Fame is a good ground of Proceeding for this House either by Enquiry or presenting the Complaint if the House finds cause to the King or Lords The Commons the next day proceeding in that Debate Sir Richard Weston delivered to the House this Message from his Majesty THat his Majesty had taken notice of a seditious Speech uttered in the House by Mr. Clement Cook The words are said to be to this effect That it were better to die by an Enemy then to suffer at home Yet his Majesty in his wisdom hath forborne to take any course therein or to send to the House about it not doubting but the House would in due time correct such an Insolence But his Majesty hath found that his patience hath wrought to an ill effect and hath imboldened one since to do a strange act in a strange way and unusual that is Doctor Turner who on Saturday last without any ground of knowledge in himself or Proof tendred to the House made an Enquiry of sundry Articles against the Duke of Buckingham as he pretended but indeed against the Honor and Government of the King and his late Father This his Majesty saith is such an Example that he can by no means suffer though it were to make Enquiry of the meanest of his Servants much less against one so neer unto himself and doth wonder at the foolish impudencie of any man that can think he should be drawn out of any end to offer such a Sacrifice much unworthy the greatness of a King and Master of such a Servant And therefore his Majesty can no longer use his wonted patience but desireth the Justice of the House against the Delinquents not doubting but such course will be taken that he shall not be constrained to use his Regal authority to right himself against these two Persons Upon this Message Doctor Turner made a short Explanation of himself desiring to know wherewith he was charged What he said he said the House can witness and what he said he spake for the general good of the Commonwealth and not upon the least reflection of any in particular This he thought a Parliamentary way warranted by antient Presidents To accuse upon Common Fame he finds warranted first by the Imperial Roman Laws and the Canons of the Church which allowed Common Fame sufficient to accuse any man And they that are learned amongst them give two reasons First for Greatness Next for Cunning. Our Ancestors within these walls have done the like and that to a Duke the Duke of Suffolk in the time of King H. 6. who was accused upon Fame And lastly he said Mr. Chancellor himself did present the Common Undertakers upon Particular Fame and why he should not have as ample priviledge in this place he knew no reason to the contrary The Commons having appointed another day for the Debate of this Business in the mean time came this Letter from Doctor Turner to the Speaker SIR THese Lines first Petition you to signifie to the Honorable House of Commons That my desires are still the same to have made my personal appearance before you but my ability and strength to perform it are not the same And therefore that I humbly desire them to excuse me on that part and to accept of this my Answer unto the matter I shall speak to I do confess that on Saturday last in the afternoon I did deliver in certain Accusations of Common Fame into the House of Parliament against my Lord Admiral and that out of so many all bearing the signiture of Vox populi I chose out some few not because they were greater or more known Grievances but because they did seem to direct us to find out the Griever or the first Cause For I did think it was then full time to agree the Agent and the Actions and that it was time also to leave considering Grievances in Arbitration I do now also agree unto you that which hath been reported unto you by Mr. Wandesford and by that if you shall think sit will put my self unto your Censure hoping and assuring my self that you will find my design to include nothing else within it but duty and publick service to my Country and also that my addressing those Accusations unto the House of Parliament shall by you be found to be done by a mannerly and Parliamentary way But howsoever it becomes me to submit my Cause to your Wisdoms and equal Iudgments which I do heartily and whatsoever you shall please to appoint me I shall dutifully satisfie when God shall be pleased to restore me able to attend your service I doubt
the Princes hands might have been bound up and yet he neither sure of a Wife nor any assurance given of the Temporal Articles All which in his high presumption he adventured to do being an express breach of his Instructions and if the same had not been prevented by his late Majesties vigilancy it might have turned to the infinite dishonor and prejudice of his Majesty XI Lastly That he hath offended in a high and contemptuous manner in preferring a scandalous Petition to this honorable house to the dishonor of his Majesty of blessed memory deceased and of his sacred Majesty that now is which are no way sufferable in a Subject towards his Soveraign and in one Article of that Petition specially wherein he gives his now Majesty the Lye in denying and offering to falsifie that Relation which his Majesty affirmed and thereunto added many things of his own remembrance to both Houses of Parliament ROBERT HEATH The Earl of Bristol upon the Attorney Generals accusing him of high Treason thus exprest himself THat he had exhibited his Petition to the House April 19 that he might come up and be heard in his Accusation of the Duke of Buckingham and that thereupon he being a Peer of this Realm is now charged with Treason That he had heretofore inâ—ormed the late King of the Dukes unfaithfull service and thereupon the Duke labored that he might be clapt up in the Tower presently upon his return out of Spain That he importuned the late King that he might be heard before himself and his Majesty promised it I pray God said he that that promise did him no hurt for he died shortly after And for the Kings promise he vouched the Lord Chamberlain for a witness and he desired the Lords to take notice that their House was possessed already of his said Petition and of his Accusation of the said Duke And therefore desired first that they would receive his charge against the Duke and the Lord Conway and not to invalid his Testimony against them by the Kings Charge against him and that he might not be impeached till his Charge of so high a nature be first heard So he tendred to the House the Articles against the Duke which the Clerk received and he withdrew and his Petition exhibited the 19 of April was read and the Lords resolved upon the Question That the said Earls Charge against the Duke of Buckingham and the Lord Conway should be presently read The Earl being shortly after called in again to the Bar of the Lords House concerning his Articles against the Duke made this speech FIrst he craved pardon of their Lordships for his earnest Speeches the other day confessing them to have been in passion saying That unexpected accusation of Treason would warm any honest heart but would hereafter amend it Then he rendred their Lordships humble thanks for their manner of proceeding against him and desired to know from Mr Attorney whether that were his whole Charge or not Mr Attorney answered That he had Commandment to open no more against him peradventure upon the opening of the Charge some particulars might arise and be urged but no new matter should Then the Earl desired to know of Mr Attorney who was the Relator to his Charge and that he might understand who was his Accuser Mr Attorney answered That the King himself out of his own mouth had given him directions for his own Relation against him and corrected many things that were added Unto which the Earl answered That he would not contest with the King neither did it beseem him so to do neither esteemed he his life or his fortunes so much as to save them by contesting with his Soveraign and therefore would make no reply or answer were it not that his Religion and Honor were joyntly questioned with his life but this being to descend to his Posterity for their sakes he was an humble Suitor unto his Majesty that he would not take indignation at his own just defence yet would he be ready to make any humble submission to his Majesty and heartily desired some means might be made that he might make it personally to himself wherein he would submit himself most willingly to some such act of humiliation and submission not wronging his innocency that never Subject did towards his Soveraign And also That his Majesty would be pleased to set himself in his Throne of Justice and declare out of his Royal justice that he would have the Duke and him upon equal terms and that neither of their causes should be advanced before others These were his humble Petitions which he besought their Lordships to present unto his Majesty and to take into their considerations of how dangerous a consequence it would be if the King should be Accuser Judge Witness and should have the Confiscation As touching the Charge against him he said He had once answered it all except that of his Petition and he doubted not but to clear himself before their Lordships of every particular of it he said he expected not to have heard of this again having once answered it He rather expected to have been charged with some practise with Spain against the State or the receipt of Ten or Twenty thousand pounds for the perswading and procuring of the delivery up of some Town of which the Crown was in possession as might be the Town of Flushing the Brill or the like or for being the means of lending the Kings Ships to a Forein Nation and that against those of our own Religion or for revealing his Majesties highest Secrets which none above two or three dares know or for treating the greatest affairs as it were by his own Authority without formal Instructions in the points or for having taken Rewards or been corrupted by a Foreign Prince or to have broken his Instructions in any Ecclesiastical point or as the Law calleth it to have committed an overt Act of disloyalty and not to be charged after seven Ambassages with Discourses and Inferences Then he desired their Lordships that he might have a Copy of his Charge in writing and time allowed him for his Answer and Counsel assigned him to plead his Cause and said there was a great difference between the Duke of Buckingham and him for the Duke was accused of Treason and yet at large and in the Kings favour and he being accused but of that which he had long since answered was a Prisoner and therefore he moved that they might be put in equal condition And as touching the Lord Conway in as much as he had given in Articles against him he desired his Lordship might not meddle in that particular business nor use the Kings name against him ex officio he also besought their Lordships to be Suitors to his Majesty on his behalf that all the particular dispatches of his own Ambassages and Sir Walter Ashtons might be brought thither and that he might make use of them for his defence as his Evidence
his the said Ambassadors last return into Spain in the Summer An. 1622. To carry his Majesty then Prince into Spain to the end he might be informed and instructed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England From which misery this Kingdom next under Gods mercy hath by the wise religious and constant carriage of his Majesty been almost miraculously delivered considering the many bold and subtile attempts of the said Duke in that kind II. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his return framed as might serve for a ground to set on foot this Conspiracie The which was done accordingly and thereby the King and Prince highly abused and their Consents thereby first gotten to the said Journey that is to say after the return of the said Mr. Porter which was about the end of December or the beginning of Ianuary 1622. whereas the said Duke had plotted it many moneths before III. That the said Duke at his arrival in Spain nourished the Spanish Ministers not only in the belief of his own being Popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristols house and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore their Sacrament from time to time give the Spaniards hope of the Prince his Conversion The which Conversion he endeavored to procure by all means possible and thereby caused the Spanish Ministers to propound far worse Conditions for Religion then had been formerly by the Earl of Bristol and Sir Walter Aston setled and signed under their Majesties hands with a Clause in the King of Spain's Answer of Decemb. 12. 1622. That they held the Articles agreed upon sufficient and such as ought to induce the Pope to the granting of the Dispensation IV. That the Duke of Buckingham having several times in the presence of the Earl of Bristol moved and pressed his late Majesty at the instance of the Conde of Gondomar to write a Letter unto the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing of any such Letter that during the abode of the said Earl of Bristol in England the said Duke could not obtain it yet not long after the Earl was gone he procured such a Letter to be written from his late Majesty unto the Pope and to have him stiled Sanctissime Pater V. That the Pope being informed of the Duke of Buckingham's inclination and intention in point of Religion sent unto the said Duke a particular Bull in parchment for to perswade and encourage him in the perversion of his Majesty then Prince VI. That the said Dukes behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers as they would admit of no reconciliation nor further dealing with him Whereupon the said Duke seeing that the Match would be now to his disadvantage he endeavored to break it not for any service to the Kingdom nor dislike of the Match in it self nor for that he found as since he hath pretended that the Spaniards did not really intend the said Match but out of his particular ends and his indignation VII That after he intended to cross the Marriage he put in practice divers undue courses as namely making use of the Letters of his Majesty then Prince to his own ends and not to what they were intended as likewise concealing divers things of high importance from his late Majesty and thereby overthrew his Majesties purposes and advanced his own ends VIII That the said Duke as he had with his skill and artifices formerly abused their Majesties so to the same end he afterwards abused both Houses of Parliament by his sinister Relation of the carriage of Affairs as shall be made appear almost in every particular that he spake unto the said Houses IX As for scandal given by his personal behaviour as also the imploying of his power with the King of Spain for the procuring of Favors and Offices which he bestowed upon base and unworthy persons for the recompence and hire of his Lust These things as neither fit for the Earl of Bristol to speak nor indeed for the House to hear he leaveth to your Lordships wisdom how far you will be pleased to have them examined It having been indeed a great infamy and dishonor to this Nation that a Person of the Dukes great quality and imployments a Privy-Counsellor an Ambassador eminent in his Masters favor and solely trusted with the Person of the Prince should leave behind him in a Forein Court so much scandal as he did by his ill behaviour X. That the Duke hath been in great part the Cause of the ruine and misfortune of the Prince Palatine and his Estates in as much as those Affairs had relation unto this Kingdom XI That the Duke of Buckingham hath in his Relations to both Houses of Parliament wronged the Earl of Bristol in point of his Honor by many sinister aspersions which he hath laid upon him and in point of his Liberty by many undue Courses through his power and practices XII That the Earl of Bristol did reveal unto his late Majesty both by word and letter in what sort the said Duke had disserved him and abused his trust And that the King by several ways sent him word That he should rest assured he would hear the said Earl but that he should leave it to him to take his own time And thereupon few days before his sickness he sent the Earl word that he would hear him against the said Duke as well as he had heard the said Duke against him Which the Duke himself heard And not long after his blessed Majesty sickned and died having been in the interim much vexed and pressed by the said Duke Articles of the Earl of Bristol against the Lord Conway bearing Date 1 Maii 1626. I. THat the Lord Conway is so great a Servant of the Duke of Buckingham's that he hath not stuck to send the Earl of Bristol plain word That if businesses could not be accommodated betwixt him and the Duke he must then adhere and declare himself for the said Duke and therefore unfit to be a Judge in any thing that concerneth the Duke or the Earl II. That the said Lord Conway professeth himself to be a Secretary of the Duke of Buckingham's creation and so acknowledgeth it under his own hand And although that he be the Kings Secretary of State and a Privy-Counsellor he usually beginneth his Letters to the Duke Most gracious Patron III. That as a Creature of the said Dukes the said Lord Conway hath been made the Instrument of keeping the Earl of Bristol from the Kings presence and
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
said Company for the effecting of his said designs wherein he still unlawfully pretended that a Tenth part or some other great share out of the Lading of the said ships belonged unto him albeit the said Company upon right information of their Cause to their Council both Civilians and Common-Lawyers were advised that there did no Tenths or other such shares belong to the said Duke as he pretended And whereas the said Duke by this time finding that he could not prevail to get his Ends by any fair course continued yet resolute to make his gain upon the Company by right or wrong as he might and to that purpose made use of the following opportunities and advantages in such cunning and abusive manner as I shall further open to your Lordships The said Duke well knowing thâ—t the said Company had then four Ships called the Great James the Ionas the Star and the Eagle and two Pinaces called the Spy and the Scout the said Ships and Pinaces with their Victuals Store and Ordnances were of the value of Fifty four thousand pounds and more laden with Lead Cloth and other Merchandise in them to the value of Twenty thousand pounds and more and having in them also about Thirty thousand pounds in Royals of Spanish money in all One hundred thousand pounds and more These Ships and Pinnaces were well near ready to set sail for a Voyage into the East-Indies by the first day of March in the One and twentieth year of his said late Majesties reign and he well-knowing how great a hinderance it would be to the said Company if the said Ships and Pinnaces should be stayed for any long time the rather in regard if they did not set sail about that time of the year or within Twenty days after they had utterly lost their voyage for that year the reason thereof dependeth upon a Secret of Winds called the Man-sounds which are constantly six moneths Easterly and six moneths Westerly every year at their set times in those parts of Africa about the Cape of Bona Speranza for of those Winds all Ships going from hence into the East-Indies are to make their use in the usual and due time which yet cannot be done if men take not their opportunity by coming to the Cape in their proper and due season and in so long and dangerous a voyage wherein the Equinoctial Line is twice to be passed it is no good discretion to stay the utmost time in going from hence in confidence of fair Winds but rather to take time enough before-hand for fear of the contrary Nor can the Lord Admiral of England who is Custos marium domini Regis and hath jurisdiction of all Foreign parts super altum mare be admitted to pretend himself ignorant of this Secret or of any other particulars belonging to the Seas and Voyages The Duke therefore apprehending and well weighing how great a hinderance or rather what an absolute loss it would be to the company if these their Ships and Pinnaces of so great value and bound forth in so instant and difficult a voyage should be stayed for any long time now they were ready to set sail and the season of going upon point to expire The said Duke upon the said First day of March 1623. to effect his designs upon the said Company and to get that by circumvention and surprisal which in a legal and due course of Justice he had not hopes to obtain Not thinking it sufficient that the sense of his displeasure lying over the Company as an ominous cloud threatning a storm if they did not appease him by some great sacrifice and to cast them yet further into a farther streight not sparing to abuse your Lordships in Parliament by making you unwilling Instruments to give colour and advantage to his secret and unlawful practises Upon the said First day of March he put your Lordships sitting in Parliament in minde touching the great business likely to ensue upon dissolution of the then Treaties with Spain and that a speedy resolution thereof was necessarily required for that the Enemy would pretermit no time and if we should lose the benefit of that Spring he said it would be irrevokable and thereupon he took occasion to move that House Whether he should make stay of any shipping that were then in the Ports as being High Admiral he might and namely the said Ships prepared for the East-Indian Voyage which were of great burthen well furnished and fit to guard our own Coasts Which motion was generally approved of the whole House knowing nothing of the Dukes secret designs and private intentions And the same day a Motion was made amongst the Commons in Parliament to the same effect by Sir Edward Seymour Knight the Vice-Admiral to the Duke of the County of Devon which in respect of the time when and person by whom it was propounded is very suspitious that it issued all from one Spirit and that he was set on by the Duke or some of his Agents the truth whereof your Lordships may be pleased to search out and examine as you shall see cause By colour of this Order of the Lords House of Parliament the Duke caused Iohn Pexal Marshal of the Admiralty to make stay to be made of the said Ships and Pinnaces howbeit notwithstanding all the occasion pretended for the defence of the Realm there were not any other Ships staid at this time The Company perceiving by the course of things from whence their Evils moved upon the Fifth of March 1623. became earnest Suitors to the said Duke for a Releasement of their said Ships and Pinnaces whereunto the said Duke replied That he had not been the cause of their stay but having heard the Motion in the Lords House he could do no less then order as they had done Yet to incline his ends and put them in some hope of favor by his means he told them withal That he had something in his Pocket that might do them good and willed them to set down what Reasons they would for their Suit and he would acquaint the House therewith Nevertheless about this time he presumed of himself at Theobalds to give leave for the Ships and Pinnaces to fall down as far as Tilbury there to attend such further Directions as should be given unto them with leave so to signifie by word of mouth to the Serjeant of the Admiralty for that the Duke had then no Secretary with him Thus some while by threatning of strong oppositions and terrors and other while by intimating hopes of favor and good assistance the Duke sought to accomplish his purpose yet prevailed not and so the Tenth of March 1623. the Kings Advocate Mr. Dr. Reeves as Advocate for the King and Lord Admiral made Allegation in the Admiralty on the Dukes behalf and by his procurements that it appeared by Examinations there taken that 150000 l. and more Pyrattically taken by the said Captain Blith and Wedel and their Complices upon the Sea
then to believe That the said ships were never meant or any way in danger to be imployed against the Rochellors or those of our Religion in France and herein he did great injury and disservice to his Majesty to the great scandal and prejudice of our Religion and Affairs and highly abused both the Lords and Commons by this cautelous and subtile Speech and Insinuation and thereby gave both Houses occasion to forbear Petitioning or suing to his Majesty for Redress in this Business while the time was not then passed for the ships were not as then actually imployed against the Rochellors albeit in truth they were then delivered into the French Kings power And the same time before the Parliament was dissolved Captain Pennington who could have opened the whole truth of the business for the Service of the King and the Realm came to Oxford but was there drawn to conceal himself by means of the Duke and not to publish in due time his knowledge of the Premisses as was there shortly after reported The truth whereof the Lords in this Parliament may be pleased to examine as they shall see cause the Parliament at Oxford being shortly after viz. Aug. 12. unhappily dissolved In or about September 1625. The said ships were actually imployed against the Rochellors and their Friends to their exceeding great prejudice and almost utter ruine It hath been said by some of the French that the Vantguard she mowed them down like grass To the great dishonor of our Nation and the scandal of our Religion and to the disadvantage of the great affairs of this Kingdom and all Christendom Also the Ships themselves were in eminent peril to be utterly lost for lack of sufficient Cautions If they be come home since this Parliament sate down long after the matter was here expounded and taken into examination It may be well presumed that it is by some underhand procuring of the Duke and the secret complying of the French with him to colour out the matter which the Lords may examine as they see cause The one and onely English-man that presumed to stay in one of the Ships and serve against the poor Rochellors of our Religion at his return was slain in charging a Peece of Ordnance not by him well sponged In February last 1625. Monsieur de la Touche having speech with Master Thomas Sherwell a Member of the Commons House of Parliament at Salisbury as he was coming up to the Parliament and Monsieur de la Touche going down into Somerset-shire to Master John Pawlets to Monsieur Sobysa He told Master Sherwell in the hearing also of one Master Iohn Clements of Plymouth who is now in Town the words that the Duke had spoken to him the last Summer touching these Ships and thereupon used these words Ce Duque est un meshant homme Upon this whole Narration of the Fact touching the manner of Delivery of the Ships to the French divers things may be observed wherein the Dukes offences do consist As In betraying a Ship of the Kings Royal Navy unto a Foreign Princes hand without good Warrant for the same The dispossessing the Subjects of this Realm of their Ships and Goods by many artifices and subtilties and in conclusion with high hand and open violence against the good will of the Owners In breaking the duty of Lord Admiral and Guardian of the Ships and Seas of this Kingdom In varying from the original good Instructions and presuming to give others of his own head in matters of State In violating the duty of a sworne Privy-Counsellor to his Majesty In abusing both Houses of Parliament by a cautelous Misinformation under a colour of a Message from his Majesty And in disadvantaging the Affairs of those of our Religion in Foreign parts Offences of an high and grievous nature For the proof of some parts thereof which are not the least I offer to your Lordships consideration the Statute of the 2 3 E. 6. touching the Duke of Somerset wherein is recited That amongst other things he did not suffer the Piers called the Newhaven and Blackerst in the parts beyond the Seas to be furnished with victuals and money whereby the French were encouraged to invade and win the same Aud for this offence amongst others it was Enacted That a great part of his Land should be taken from him And if Non-feazance in a matter tending to lose a fixed Castle belonging to the King be an high offence then the actual putting of a Ship Royal of the Kings into the hand of a Foreign Prince which is a moveable and more useful Castle and Fortress of the Realm must needs be held a greater offence I will forbear to cite any more Presidents of this kind because some of those who have gone before me have touched at divers Presidents of this nature which may be applied to this my part Only because the abuse of the Parliament which is the chiefest Council of State and Court of Judicature in the Realm is not the least offence in this business I shall desire your Lordships to take into consideration the Statute of Westm. 1. cap. 30. whereby such as seem to beguile Courts of Justice are to be sore judged in the same Courts and punished as by that Statute appeareth So he concluded and left the Duke to their Lordships equal Justice The Ninth and Tenth Articles were read next IX Whereas the Titles of Honor of this Kingdom of England were wont to be conferred as great Rewards upon such vertuous and industrious Persons as had merited them by their faithful service The said Duke by his importunate and subtile procurement hath not only perverted that antient and most honorable way but also unduly for his own particular gain he hath enforced some that were rich though unwilling to purchase Honor As the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth year of Reign of the late King Iames of famous memory and there so threatened and dealt withall that by reason thereof he yielded to give and accordingly did pay the sum of Ten thousand pounds to the said Duke and to his use For which said sum the said Duke in the moneth of Ianuary in the Two and twentieth year of the said lake King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in his particular so the Example thereof tendeth to the prejudice of the Gentry and dishonor of the Nobility of this Kingdom X. Whereas no Places of Judicature in the Courts of Justice of our Soveraign Lord the King nor other like Preferments given by the Kings of this Realm ought to be procured by any Subject whatsoever for any Reward Bribe or Gift He the said Duke in or about the moneth of December in the Eighteenth year of the Reign of the late King Iames of famous
Scotland and Ireland and they will tell you Sejanus pride was so excessive as Tacitus saith he neglected all Councel mixed his businesses and service with the Prince seeming to confound their Actions and was often stiled Imperatoris laborum socius How lately and how often hath this Man commixed his Actions in Discourses with ACtions of the Kings My Lords I have done you see the Man onely this which was conceived by the Knights Citizens and Burgesses should be boldly by me spoken That by him came all these evils in him we finde the Cause and on him we expect the Remedies and to this we met your Lordships in Conference to which as your Wisdom invites us so we cannot doubt but in your Lordships Wisdom Greatness and Power we shall in due time finde Judgment as he deserves I conclude by presenting to your Lordships the particular Censure of the Bishop of Ely reported in the 11 Rich. 1. and to give you a short view of his faults He was first of all noted to be Luxurious secondly He married his own Kinred to Personages of highest rank and places thirdly No mans business was done without his help fourthly He would not suffer the Kings Council to advise in Matters of State fifthly He grew to such a height of Pride that no man was thought worthy to speak unto him and lastly His Castles and Forts of Trust he did obscuris ignotis hominibus tradere his doom was this Per totam insulam publicè proclamatur periat qui perdere cuncta festinat opprimatur ne omnes opprimat Sir Dudley Diggs having made the Prologuâ— and Sir Iohn Elliot the Epilogue in the Impeachment of the Duke they were both by the Kings Command committed to the Tower Upon the Impeachment of the Duke a Paper was privately conveyed to the King importing THat this great opposition against the Duke was stirred up and maintained by such as seek the destruction of this free Monarchy Because they finde it not yet ripe to attempt against the King himself they endeavor it through the sides of the Duke The persons agreeing in this one mischeif are of divers sorts and humors First Medling and busie persons who love popular Speeches Secondly Govetous Landlords Inclosers Depopulators c. who being of the Parliament ease themselves in Subsidies and lay it on the true Commons and cry out the grievances are caused by the Duke Thirdly Recusants who hate the Duke for the breach of the Spanish Match Fourthly Persons indebted who by priviledge of Parliament avoid payment Fifthly Puritans and Sectaries though two of them scarcely agree in what they would have Haters of Government and would have the Kings power extinguished in matters Ecclesiastical and limited in Civil Sixtly Male-contents who look upon the Duke with an evil eye because themselves are not preferred Seventhly Lawyers who are very fit in Parliaments to second any Complaint against â—oth Church and King and all his Servants with their Customs Antiquities Records Statutes Presidents and Stories Eighthly Merchants and Citizens who deceive the King of Custom Ninethly Innovators Plebicolae That since the time of Henry the Sixth these Parliamentary discoursings might never be suffered as being but certain symptomes of Subsequent Rebellions Civil Wars and the dethroning of our King and no one Patriot daring to oppose them least he incur the reputation of a Fool or Coward in his Countreys Cause His Majesty therefore strengthned himself ever with some Favorite as whom he might better trust then many of the Nobility tainted with this desire of Oligarchy It behoveth without doubt his Majesty to uphold the Duke against them who if he be but decourted it will be the Corner Stone on which the demolishing of his Monarchy will be builded For if they prevail with this they have hatched a thousand other demands to pull the Feathers of Royalty They will appoint him Counsellors Servants Alliances Limits of Expences and accompt of his Revenue cheifly if they can they will now dazle him in the beginning of his raign Lastly King James and King Charls are the Dukes Accusers in all the Aspersions that are laid upon him King James for the Money destined for the Wars in his time spent in Treaties c. And his Majesty can testifie for the things done in his time And all these though actions of the King are imputed to the Duke Who if he suffer for obeying his Soveraign the next attempt will be to call the King to accompt for any thing he undertakes which doth not prosperously succeed as all men would desire it If it please his Majesty to remove and set aside all these disadvantages he shall find the Charge against the Duke very empty and of small moment And if his Majesty and the Dukes Grace think it no impeachment to their Honors all that the Parliament hath objected against the Duke except two or three things that may receive an Answer is pardoned at the Kings Coronation which benefit every poor Subject enjoyeth May 11. The King came to the Parliament and spake to the House of Peers as followeth My Lords THe cause and onely cause of my coming to you this day is to express the sense I have of all your Honors for he that toucheth any of you toucheth me in a very great measure I have thought fit to take order for the punishing some insolent speeches lately spoken I have been too remiss heretofore in punishing such speeches as concern my self Not that I was greedy of their monies but that Buckingham through his importunity would not suffer me to take notice of them lest he might be thought to have set me on and that he might come the forwarder to his Trial. And to approve his innocencie as touching the matters against him I my self can be a Witness to clear him in every one of them I speak not this to take any thing out of your hands but to shew the reason why I have not hitherto punished those insolent speeches against my self And now I hope you will be as tender of my Honor when time shall serve as I have been sensible of yours And so his Majesty was pleased to depart The same day this following Message was brought from the Commons to the Lords by Sir Nathanael Rich. THe Commons taking into serious consideration the many mischiefs and inconveniences which this renowned Kingdom doth now suffer threatening apparent danger to the King and Common-wealth have by search and disquisition into the Causes thereof found that they do principally flow from the exorbitant power and abusive carriage of the Duke of Buckingham whereof he hath this Parliament béen impeached before their Lordships by the Commons besides an accusation of a Péer in their own House who hath charged him as they are informed of High Treason They therefore with one voice make an entire Declaration That they hold it a thing of dangerous Consequence both for the present and future times that a man of so
likewise besides his Charge That he brake off ambiguously and abruptly with a Sentence of Cicero as if something else might be which was not yet discovered Sir Iohn Elliot thanked the Vice-Chamberlain for dealing so plainly with him and giving him occasion to clear himself And to the particular charged against him he answered First considering the Dukes plurality of great and different Offices together with his deceit and fraud in perswading the Merchants to go to Diep there to entrap them in colouring the Designs to the King which he had plotted to serve against those of his Religion in abusing the Parliament at Oxford and disguising his purpose as if the ships were to go to Rochel These particulars being so various and of such a nature he called by the name of Stellionatus from a beast discoloured uncertain and doubtfull that they knew not by what name to call it or by what colour to describe it and these he called a Character of the minde because they lie in the heart and were deceits to abuse the King and Parliament Secondly as to his saying He knew not the ships were come he answered he did not know it then and as yet he knew it not though it was true that he had heard it Thirdly he denied not that speaking of the Duke he sometimes used this word that man though at other times he was not wanting to give him his due titles and said That the Latines speaking of Caesar call him Ille Caesar and that the same is usual in all Languages nor did he think the Duke to be a God Fourthly he conâ—â—ssed That he paralleled him with the Bishop of Ely and Sejanus and though there were many particular censures of that Bishop yet he produced none but such as were within the compass of his Charge nor did he apply the Veneries and Venefices of Sejanus to the Duke but excluded them Lastly touching the Physick of the King he said he brake off so abruptly in aggravation of the Dukes offence who not content with the injury of Justice the wrong of Honor the prejudice of the State nor that of the Revenue his attempts go higher even to the person of the King making on that his practice in such a manner to such an effect that he said he feared to speak nay he doubted to think in which regard he left it as Cicero did another thing Ne gravioribus c. It was then resolved on the Question That Sir Iohn Elliot hath not exceeded the Commission given him in any thing that passed from him in the late Conference with the Lords The like for Sir Dudley Diggs both passed without a Negative the like Vote did pass for Mr Selden Mr Herbert Mr Glanvile Mr Sherland Mr Pym and Mr Wandesford who were also managers at that Conference The King in the time of this Parliament had committed the Earl of Arundel to the Tower but the cause of his Commitment was not expressed yet it was conceived to be about the Marriage of the Lord Maltravers the Earls eldest son to the young Duke of Lenox his sister which was brought about by the contrivance of the Countess of Arundel and the old Dutchess of Lenox The Lords were highly discontented at his commitment in time of Parliament concerning whose Liberties and their own Priviledges they had presented several Petitions to his Majesty but receiving no satisfactory answer thereto agreed on this ensuing Petition occasioned by the release of Sir Dudley Diggs May it please your Majesty THe cause that moves us now to attend your Majesty as at first we did is because we observe that the House of Commons have speedily received a Member of theirs who was committed We the Peers ambitious to deserve of your Majesty and to appear to the eye of the world as much respected in our Rights and Priviledges as any Peers or Commons have ever been acknowledging you a King of as much goodness as ever King was do now humbly beseech that the Earl of Arundel a Member of our House may be restored to us it so much concerning us in point of Priviledge that we all suffer in what he suffers in this Restraint In March last when the Earl of Arundel was committed the House of Lords purposed to take the same into their considerations and so to proceed therein as to give no just cause of offence to his Majesty and yet preserve the Priviledges of Parliament The Lord Keeper of the Great-Seal thereupon signified unto the House that he was commanded to deliver this Message from his Majesty unto their Lordships viz. That the Earl of Arundel was restrained for a misdemeanor which was personal to his Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament Whereupon the House was put into a Committee and being resumed The Lords Committees for Priviledges c. were appointed to search for Presidents Concerning the commitment of a Peer of this Realm during the time of Parliament and the Lord Chief Justice Mr Justice Doderidge and Mr Justice Yelverton were appointed to attend their Lordships in that behalf The day following the Lord Teasurer delivered another Message from the King in haec verba WHereas upon a Motion made by one of your Lordships the Lord Keeper did yesterday deliver a Message from his Majesty that the Earl of Arundel was restrained for a misdemeanor which was personal to Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament His Majesty hath now commanded him to signifie to your Lordships that he doth avow the Message in sort as it was delivered to have been done punctually according to his Majesties own Direction and he knoweth that he hath therein done justly and not diminished the Priviledges of that House And because the Committee appointed yesterday to search for Presidents c. had not yet made any Report to the House therefore the directions for this business were suspended for that time Not long after the Earl of Hertford made report to the House That the Lords Committees for Priviledges met on Monday last The first Question that arose amongst them was Whether those Proxies were of any validity which are deputed to any Peer who sitteth not himself in Parliament And it was conceived that those Votes were lost Whereupon the Committee found this House to be deprived of five suffrages by the absence of the Earl of Arundel unto whom they were intrusted And the Committee finding by the Journal Book that the Sub-Committee which was appointed to â—earch Presidents for Priviledges concerning the Commitment of a Peer in the time of Parliament had not yet made report to the House and then considering together their Notes of Presidents whereof they had made search found That no one Peer had been committed the Parliament fitting without trial of Judgement of the Peers in Parliament and that one only President of the Bishop of Winchester
aside and that Consideration might be had how their Priviledges may be preserved unto posterity And the House was put into a Committee for the freer Debate thereof and afterwards resumed And it was ordered That the House be adjourned till to morrow and all businesses to cease The 26. of May the Lord Keeper delivered this Message from the King to the House of Lords viz. THat his Majesty hath willed him to signifie unto their Lordships That he doth marvel his meaning in his last Answer should be mistaken And for the better clearing of his intention hath commanded him to signifie unto their Lordships his further Answer which is That their Lordships last Petition was so acceptable to his Majesty that his intent was then and is still to satisfie their Lordships fully in what they then desired Whereupon it was ordered That all businesses be adjourned till that day seven night At the same time the Duke of Buckingham signified unto their Lordships his desire to have the Kings Council allowed him to plead his cause But the Lords would not hear him because they would entertain no business And so the House was adjourned to the second of Iune At which time the House sitting again the Lord Keeper delivered this Message from the King to the House of Lords viz. HIs Majesty hath commanded me to deliver unto your Lordships a Message touching the Earl of Arundel That his Majesty hath thought of that business and hath advised of his great and pressing affairs which are such as make him unwilling to enter into dispute of things doubtful And therefore to give you clear satisfaction touching that Cause whereby you may more cheerfully proceed in the business of the House he hath endeavored as much as may be to ripen it but cannot yet effect it but is resolved that at the furthest by Wednesday sevennight being the fourteenth of Iune he will either declare the Cause or admit him to the House And addeth further upon the word of a King That if it shall be sooner ripe which he hath good cause to expect he will declare it at the soonest And further That if the occasion doth enforce to stay to the time prefixed yet he doth not purpose to set such a short end to the Parliament but that there shall be an ample and good space between that and the end of the Sessions to dispatch affairs This Message being delivered the House was adjourned ad libitum and put into a Committee And being resumed it was agreed That all businesses should cease but this of the Earl of Arundel's concerning the Priviledges of the House and the House to meet thereon to morrow morning and to be put into a Committee to consider thereof And so the House was adjourned to the next day Then the Lord Keeper delivered this Message from the King Viz. THat in the matter concerning the Earl of Arundel his Majesty hath been very careful and desirous to avoid all jealousie of violating the Priviledges of this House that he continueth still of the same mind and doth much desire to find out some Expedient which might satisfie their Lordships in point of Priviledge and yet not hinder his Majesties service in that particular But because this will require some time his Majesty though his great affairs are urgent and pressing is unwilling to urge their Lordships to go on therewith till his Majesty hath thought on the other And therefore hath commanded him to signifie his pleasure That his Majesty is contented their Lordships adjourn the House till Thursday next and in the mean time his Majesty will take this particular business into further consideration Hereupon the Lords agreed That the Lord Keeper do render unto his Majesty from the House their humble thanks for his gracious respect unto their Priviledges Then the Lord Keeper demanded of the Lords whether their Lordships would adjourn the House till Thursday next Whereupon it was agreed by the Lords and the House was so adjourned On Thursday Iune 8. the Lord Keeper delivered this Message to the Lords from his Majesty viz. THat on Saturday last his Majesty sent word to the House That by this day he would send them such an Answer concerning the Earl of Arundel as should satisfie them in point of Priviledge And therefore to take away all dispute and that their Priviledges may be in the same estate as they were when the Parliament began his Majesty hath taken off the restraint of the said Earl whereby he hath liberty to come to the House The Earl of Arundel being returned to the House did render his humble thanks unto his Majesty for this gracious favor towards him and gave their Lordships also most hearty thanks for their often intercessions for him unto the King and protested his Loyalty and faithful service unto his Majesty Much about this time Mr. Moor a Member of the House of Commons having spoken some words which seemed to reflect upon his Majesty they were reported to the House viz. That he said We were born free and must continue free if the King will keep his Kingdom Adding these words Thanks be to God we have no occasion to fear having a just and pious King The House for these words committed Mr. Moor to the Tower of London And his Majesty shortly after sent a Message That he had passed by his offence Whereupon he was released While the Duke stood charged in the Parliament the Chancellorship of Cambridge became void by the death of the Lord Howard Earl of Suffolk who died on Whitsonday the 28. of May 1626. The University having understood by several hands That it was the Kings express will and pleasure that the Duke should be chosen in his stead were ambitious and forward to express their obedience to his Majesty in that behalf well knowing that in regard of their multitude and worthy Judgment and wisdom that is esteemed and ought to be in those Electors this was one of the most honorable Testimonies of Worth and Integrity that the Nation can afford And that whereas all other the Dukes Honors did but help the rather to sink him with their weight this would seem to shoar and prop him up Letters were pretended to be sent from his Majesty to the intent to disencourage all opposers But though the pretence of Letters served mainly to effect their ends yet the producing of them would have prejudiced the chief intendment of the Election namely the honor of the Testimony in it which chiefly lying in the freedom of the Votes had by Letters been cut off Many Heads of Houses bestirr'd themselves according to their several power and interest in their respective Societies and Trinity-Colledge alone the Master whereof was Doctor Maw one of the Kings Chaplains supplied the Duke with Forty three Votes the third part of those which served the turn for he had in all One hundred and eight He was chosen the Thursday following the
see them earthed before me My Answer to the several points in Charge I shall crave leave to deliver in brief and in form of Law but as naked as truth loves to be and so I leave my self and my cause to your Lordships Justice The humble Answer and Plea of George Duke of Buckingham to the Declaration and Impeachment made against him before your Lordships by the Commons House of Parliament THe said Duke of Buckingham being accused and sought to be impeached before your Lordships of the many Misdemeanors Misprisions Offences and Crimes wherewith he is charged by the Commons House of Parliament and which are comprised in the Articles preferred against him and were aggravated by those whose service was used by that House in the delivery of them Doth finde in himself an unexpressible pressure of deep and hearty sorrow that so great and so worthy a Body should have him suspected of those things which are objected against him whereas had that Honorable House first known the very truth of those particulars whereof they had not there the means to be rightly informed he is well assured in their own true judgments they would have forborn to have charged him therewith The Charge touching Plurity of Offices To the first which concerneth Plurality of Offices which he holdeth he answereth thus That it is true that he holdeth those several Places and Offices which are enumerated in the preamble of his Charge whereof onely three are worthy the name of Offices viz. The Admiralty the Wardenship of the Cinque Ports and Mastership of the Horse the other are rather titulary and additions of Honor. For these Offices he humbly and freely acknowledgeth the bounty and goodness of his most Gratious Master who is with God who when he had cast an Eye of Favor upon him and had taken him into a more near place of service about his Royal Person was more willing to multiply his Graces and Favors upon him then the Duke was forward to ask them and for the most part as many honorable persons and his now most Excellent Majesty above all others can best testifie did prevent the very desires of the Duke in asking And all these particular places he can and doth truly affirm his late Majesty did bestow them of his own Royal motion except the Wardenship of the Cinque Ports onely and thereto also he gave his approbation and encouragement And the Duke denieth that he obtained these places either to satisfie his exorbitant ambition or his own profit or advantage as is objected against him And he hopeth he shall give good satisfaction to the contrary in his particular Answers ensuing touching the manner of his obtaining the places of the Admiralty and the Wardenship of the Cinque Ports whereunto he humbly desireth to refer himself And for the Mastership of the Horse to his Majesty he saith it is a meer domestick office of attendance upon the Kings person whereby he receiveth some profit yet but as a conveniency to render him more sit for his continual attendance and in that place the times compared he hath retrenched the Kings annual charge to a considerable value as shall be made apparent And for the number of places he holdeth he saith That if the Commonwealth doth not suffer thereby he hopeth he may without blame receive and retain that which the liberal and bountiful hand of his Master hath freely conferred upon him And it is not without many Presidents both in Antient and Modern times That one man eminent in the esteem of his Soveraign hath at one time held as great and as many Offices But when it shall be discerned That he shall falsly or corruptly execute those places or any of them or that the Publick shall suffer thereby he is so thankful for what he hath freely received that whensoever his Gratious Master shall require it without disputing with his Soveraign he will readily lay down at his Royal Feet not onely his Places and Offices but his whole Fortunes and his life to do him service But the integrity of his own Heart and Conscience being the most able and most impartial witnesses not accusing him of the least thought of disloyalty to his Soveraign or to his Country doth raise his spirits again to make his just defence before your Lordships of whose Wisdom Justice and Honor he is so well assured That he doth with confidence and yet with all humbleness submit himself and his cause to your Examinations and Judgments before whom he shall with all sincerity and clearness unfold and lay open the secrets of his own actions and of his heart and in his Answer shall not affirm the least Substantial and as near as he can the least Circumstantial point which he doth not believe he shall clearly prove before your Lordships The Charge consisteth of Thirteen several Articles whereunto the Duke saving to himself the usual benefit of not being prejudiced by any words or want of form in his Answer but that he may be admitted to make further explanation and proof as there shall be occasion and saving to him all Priviledges and Rights belonging to him as one of the Peers of the Realm doth make these several and distinct Answers following in the same order they are laid down unto him For his buying of the Admirals place the said Duke maketh this clear and true Answer That it is true that in Ianuary in the Sixteenth year of his late Majesties Raign his late Majesty did by his Letters Patents under the Great Seal of England grant unto the Duke the Office of Admiralty for his life which Grant as he well knoweth it was made freely and without any Contract or Bargain with the late Lord Admiral or any other and upon the voluntary Surrender of that Noble and wel-deserving Lord so he is advised it will appear to be free from any defect in Law by reason of the Statute of 5 Edw. 6. mentioned in this Article of his Charge or for any other cause whatsoever For he saith the true manner of his obtaining this Office and of all the passages thereof which he is ready to make good by Proof was thus That Honorable Lord the late Earl of Nottingham the Lord Admiral being grown much in years and finding that he was not then so able to perform that which appertained to his place as in former times he had done to his great Honor and fearing lest his Majesties service and the Commonwealth might suffer by his defect became an humble and earnest Petitioner to his late Majesty to admit him to surrender his Office His late Majesty was at the first unwilling unto it out of his Royal Affection to his Person and true Judgment of his worth But the Earl renewed his Petitions and in some of them nominated the Duke to be his Successor without the Dukes privity or fore-thought of it And about that time a Gentleman of good place about the Navy and of long experience
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
charissimo Consanguineo nostro Edwardo Comiti Dorset nec non charissimo Consiliar nostro Philippo Comiti Mountgomery charissimóque Consanguineo nostro Willielmo Comiti Northampton Presidenti Consilii nostri infra Principalitatem Marchias Walliâ—e ac chariss Consanguineo Consiliar nostro Iacobo Comiti Carlol Nec non charissimis Consanguineis nostris Iohanni Comiti de Clare Thomae Comiti Cleveland Edmundo Comiti de Mulgrave Nec non charissimo Consanguineo Consiliar nostro Georgio Comiti de Totnes charissimóque Consanguineo nostro Henrico Vicecomiti Rochford Ac etiam Reverendis in Christo Patribus Georgio Episcopo London Richardo Episc. Dunclm Reverendóque in Christo Patri sideli Consiliar nostro Lanceloto Episc. Winton Nec non Reverendis in Christo Patribus Samueli Episc. Norwicen Willielmo Episc. Meneven Ac perdilecto fideli Consiliario nostro Edwardo Dom. Conway uni primorum Secretarium nostrum Ac etiam perdilecto fideli nostro Samueli Dom. Scroop Presidenti Consilii nostri in partibus Borealibus perdilectóque fideli Consiliar nostro Fulconi Dom. Brook Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis Nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii sexto die Februar Anno Regni nostri primo inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum usque ad instantem decimum quintum diem Iunii continuatum fuerat Sciatis quòd nos pro certis urgentibus causis considerationibus nos specialiter moventibus idem Parliamentum nostrum hoc instanti decimo quinto die Iunii duximus dissolvendum De fidelitate igitur prudentia circumspectione vestris plurimum confidentes de avisamento assensu Consilii nostri assignavimus vos Commissionarios nostros dantes vobis aliquibus tribus vel pluribus vestrum tenore praesentium plenam potestatem authoritatem hoc instanti decimo quinto die Iunii ad dictum Parlamentum nostrum nomine nostro plenariè dissolvendum ideo vobis mandamus quòd vos vel aliqui tres vel plures vestrum idem Parliamentum nostrum hoc instante decimo quinto die Iunii virtute harum Literarum nostrum patent plenariè dissolvatis determinetis Et ideo vobis mandamus quòd praemissa diligenter intendatis ac â—a in forma praedicta effectualiter expleatis exequamini Damus autem universis singulis Archiepiscopis Ducibus Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventurum tenore praesentium firmiter in mandat quod vobis in praemissis faciend agend exiquend pariant obediant intendant in omnibus prout decet In cujus rei testimonium has literas nostras â—ieri fecimus patentes Teste meipso apud Westm. decimo quinto die Iunii Anno Regni nostri secundo EDMONDS This Commission being read and the Commons present the Parliament was dissolved on the Fifteenth day of Iune 1626. The intended Remonstrance was as followeth Most Gracious Soveraign WE your loyal and faithful Subjects the Commons assembled by your Majesties most Royal authority in this present Parliament having with all dutiful affection from the time of our first méeting earnestly endeavored to procéed spéedily in those affairs that might best and soonest conduce to our dispatch of the intended supply of your Majesties great designs to the enlargement of your support and to the enabling of our selves and them whom we represent to the full and timely performance of the same have notwithstanding by reason of divers informations interruptions and other preventions béen hitherto so retarded in the prosecution of these affairs that we now thought it a necessary part of our most humble duties thus to declare both those interruptions and preventions with the true original and continual cause of them as also our most earnest devotion of the Parliamentary service of your most excellent Majesty and of the careful safety and defence of your Dominions Crown and Dignity And we most humbly therefore beséech your most excellent Majesty to be graciously pleased here to cast your eye on some particulars that have relation as well to your first Parliament as to this out of which we cannot doubt but that your great Goodness may receive an ample satisfaction touching our most loyal and faithful intentions In the first Parliament of the first Year of your Majesties most happy Reign over us the Commons then assembled after they had cheerfully presented to your Majesty as the first-fruits of their affections Two entire Subsidies were excéedingly pressed by the means of the Duke of Buckingham and for his own ends as we conceive to enlarge that Supply which when he conceived would not be there effected he procured for the same ends from your Majesty an Adjournment of the Parliament to the City of Oxford where the Commons then taking into just consideration the greatest mischiefs which this Kingdom variously hath suffered and that chiefly by reason of the exorbitant power and frequent misdoings of the said Duke were entring into a Parliamentary course of examination of those mischiefs power and misdoings But no sooner was there any mention made of his Name to this purpose but that he fearing lest his Actions might so have béen too much laid open to the view of your most excellent Majesty and to the just Censure that might then have followed presently through his misinformations to your Majesty of the intentions of your said Commons as we have just cause to believe procured a dissolution of the said Parliament And afterwards also in the same year through divers misreports made to your Majesty in his behalf touching some Members of the said Commons who had more particularly drawn his Name into just question and justly professed themselves averse to his ends there procured as we cannot but conceive the said Members to be made the Sheriffs of several Counties for this year that followed to the end that they might have all béen precluded from being chosen Members of the present Parliament lest they should again have therein questioned him and by the like practice also as we are perswaded he procured soon after the said dissolution another Member of the said House because he had justly professed himself against his Ends to be sent as Secretary of your Majesties last Fleet hereby indeed to punish him by such drawing him from his practice of the Law which was his Profession under colour of an honorable Imployment It pleased your Majesty afterwards in February last to call this present Parliament wherein though none of those whom the said Duke had so procured to be made high Shiriffs have sit as Members yet we finding in our selves the like affection first to the Service of your Majesty and next to the good of the Commonwealth
for Posterity to strike at the propriety of their Goods contrary to the piety and intention of your Majesty so graciously exprest And these being the true Grounds and Motives of his forbearance to the said Loan shewing such inconveniences in Reason and representing it an Act contradicting so many of your Laws and most of them by the most prudent and happiest of our Princes granted which could not without presumption beyond pardon in your Suppliant in taking to himself the Dispensation of those Laws so piously Enacted by him be violated or impeached In the fulness of all Submission and Obedience as the Apology of his Loyalty and Duty he lowly offers to your most Sacred Wisdom for the satisfaction of your Majesty most humbly praying your Majesty will be graciously pleased to take them into your Princely consideration where when it shall appear as he doubts not but from hence it will to your déep judgment that no factious humor nor disaffection led on by stubbornness and will hath herein stirred or moved him but the just Obligation of his Conscience which binds him to the service of your Majesty in the observânce of your Laws he is hopeful presuming upon the Piety and Iustice of your Majesty that your Majesty according to your innate Clemency and Goodness will be pleased to bestow him to your Favor and his Liberty and to afford him the benefit of those Laws which in all humility he craves Notwithstanding the said Petition he still continued a prisoner in the Gate-house till the general Order of Discharge came Sir Peter Hayman refusing to part with Loan-money was called before the Lords of the Council who charged him with refractoriness and with an unwillingness to serve the King and told him if he did not pay he should be put upon service Accordingly they commanded him to go upon his Majesties service into the Palatinate and having first setled his estate he undertook and performed the journey and afterwards returned into England Archbishop Abbot having been long slighted at Court now fell under the Kings high displeasure for refusing to Licence Doctor Sibthorps Sermon as he was commanded intituled Apostolical Obedience and not long after he was sequestred from his Office and a Commission was granted to the Bishops of London Durham Rochester Oxford and Doctor Laud Bishop of Bath and Wells to execute Archiepiscopal Jurisdiction The Commission as followeth CHARLS by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Right Reverend Father in God George Bishop of London and to the Right Reverend Father in God Our Trusty and Welbeloved Counsellor Richard Lord Bishop of Durham and to the Right Reverend Father in God Iohn Lord Bishop of Rochester and Iohn Lord Bishop of Oxford to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellor William Lord Bishop of Bathe and Wells Greeting WHereas George now Archbishop of Canterbury in the right of the Archbishoprick hath several and distinct Archiepiscopal Episcopal and other Spiritual and Ecclesiastical Powers and Iurisdictions to be exercised in the Government and Discipline of the Church within the Province of Canterbury and in the Administration of Iustice in Causes Ecclesiastical within that Province which are partly executed by himself in his own person and partly and more generally by several persons nominated and authorised by him being learned in the Ecclesiastical Laws of this Realm in those several places whereunto they are deputed and appointed by the said Archbishop Which several places as We are informed they severally hold by several Grants for their several lives as namely Sir Henry Martin Knight hath and holdeth by the Grants of the said Archbishop the Offices and places of the Dean of the Arches and Iudge or Master of the Prerogative Court for the Natural life of the said Sir Henry Martin Sir Charls Caesar Knight hath and holdeth by Grants of the said Archbishop the places or Offices of the Iudge of the Audience and Master of the Faculties for the term of the Natural life of the said Sir Charls Caesar. Sir Thomas Ridley Knight hath and holdeth by the Grant of the said Archbishop the place or Office of Uicar-General to the said Archbishop And Nathaniel Brent Doctor of the Laws hath and holdeth by Grant of the said Archbishop the Office or place of Commissary to the said Archbishop as of his proper and peculiar Diocess of Canterbury And likewise the several Registers of the Arches Prerogative Audience Faculties and of the Uicar-General and Commissary of Canterbury hold their places by Grants from the said Archbishop respectively Whereas the said Archbishop in some or all of these several places and Iurisdictions doth or may sometimes assume unto his personal and proper Iudicature Order or Direction some particular Causes Actions or Cases at his pleasure And forasmuch as the said Archbishop cannot at this present in his own person attend these Services which are otherwise proper for his Cognisance and Iurisdiction and which as Archbishop of Canterbury he might and ought in his own person to have performed and executed in Causes and Matters Ecclesiastical in the proper Function of Archbishop of that Province We therefore of Our Regal Power and of Our Princely Care and Providence that nothing shall be defective in the Order Discipline Government or Right of the Church have thought fit by the Service of some other Learned and Reverend Bishops to be named by Us to supply those things which the said Archbishop ought or might in the Cases aforesaid to have done but for this present cannot perform the same Know ye therefore That We reposing special Trust and Confidence in your approved Wisdoms Learning and Integrity have nominated authorised and appointed and do by these presents nominate authorise and appoint you the said George Lord Bishop of London Richard Lord Bishop of Durham John Lord Bishop of Rochester John Lord Bishop of Oxford and William Lord Bishop of Bathe and Wells or any four thrée or two of you to do execute and perform all and every those Acts Matters and things any way touching or concerning the Power Iurisdiction or Authority of the Archbishop of Canterbury in Causes or Matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop himself might have done And We do hereby Command you and every of you to attend perform and execute this Our Royal Pleasure in and touching the premisses until We shall declare Our Will and Pleasure to the contrary And We do further hereby Will and Command the said Archbishop of Canterbury quietly and without interruption to permit and suffer you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells any four thrée or two of you to execute and perform this Our Commission according to Our Royal Pleasure thereby signified And We do further Will
spits and spues out its own rankor and venom You remember how that famous and immortal Statesman the Count of Gondomar fed King James his fancy and rocked him asleep with the soft and sweet sound of Peace to keep up the Spanish Treaty Likewise we were much bound to some Statesmen of our own Country for gaining time by procuring those most advantagious Cessations of Arms in the Palatinate and advancing the Honor and Integrity of the Spanish Nation and vilifying the Hollanders remonstrating to King James That that State was most ungrateful both to his Predecessor Queen Elizabeth and his Sacred Majesty That the States were more obnoxious then the Turk and perpetually injured his Majesties loving Subjects in the East-Indies and likewise they have usurped from his Majesty the Regality and unvaluable profit of the Narrow-Seas in fishing upon the English Coast c. This great Statesman had but one principal means to further their great and good designs which was to set on King James that none but the Puritan-Faction which plotted nothing but Anarchy and his Confusion were averse to this most happy Union We steered on the same Course and have made great use of this Anarchical Election and have prejudicated and anticipated the Great one that none but the Kings Enemies and his are chosen of this Parliament c. We have now many strings to our Bow and have strongly fortified our Faction and have added two Bulwarks more For when King James lived you know he was very violent against Arminianism and interrupted with his pestilent Wit and deep Learning our strong Designs in Holland and was a great Friend to that old Rebel and Heretick the Prince of Orange Now we have planted that Soveraign Drug Arminianism which we hope will purge the Protestants from their Heresie and it flourisheth and bears fruit in due season The Materials which build up our Bulwark are the Projectors and Beggers of all ranks and qualities Howsoever both these Factions cooperate to destroy the Parliament and to introduce a new species and form of Government which is Oligarchy Those serve as direct Mediums and Instruments to our end which is the Universal Catholick Monarchy Our foundation must be Mutation and Mutation will cause a Relaxation which will serve as so many violent diseases as the Stone Gout c. to the speedy distraction of our perpetual and insufferable anguish of body which is worse then death it self We proceed now by Councel and mature deliberation how and when to work upon the Duke's Iealousie and Revenge And in this we give the honor to those which merit it which are the Church-Catholicks There is another matter of Consequence which we take much into our consideration and tender care which is to slave off the Puritans that they hang not in the Duke's ears They are impudent subtile people And it is to be feared lest they should negotiate a Reconciliation between the Duke and the Parliament T is certain the Duke would gladly have reconciled himself to the Parliament at Oxford and Westminster But now we assure our selves we have so handled the matter that both Duke and Parliament are irreconcileable For the better prevention of the Puritans the Arminians have already locked up the Duke's ears And we have those of our own Religion which stand continually at the Duke's Chamber to see who goes in and out We cannot be too circumspect and careful in this regard I cannot choose but laugh to see how some of our own Coat have accoutred themselves you would scarce know them if you saw them And 't is admirable how in speech and gesture they act the Puritans The Cambridge-Scholars to their woful experience shall see we can act the Puritans a little better then they have done the Jesuites They have abused our sacred Patron Saint Ignatius in jest but we will make them smart for it in earnest I hope you will excuse my merry digression For I confess unto you I am at this time transported with joy to see how happily all Instruments and means as well great as less cooperate unto our purposes But to return unto the main Fabrick Our foundation is Arminianism The Arminians and Projectors as it appears in the premisses affect mutation This we second and enforce by probable Arguments In the first place we take into consideration the Kings honor and present necessity and we shew how the King may free himself of his Ward as Lewis the Eleventh did And for his great splendor and lustre he may raise a vast Revenue and not be beholden to his Subjects which is by way of Imposition of Excise Then our Church-Catholicks proceed to shew the means how to settle this Excise which must be by a Mercenary Army of Horse and Foot For the Horse we have made that sure They shall be Foreiners and Germans who will eat up the Kings Revenues and spoil the Country wheresoever they come though they should be well paid What havock will they make there when they get no Pay or are not duly paid They will do more mischief then we hope the Army will do We are provident and careful that this Mercenary Army of Two thousand Horse and Twenty thousand Foot shall be taken on and in pay before the Excise be setled In forming the Excise the Country is most likely to rise If the Mercenary Army subjugate the Country then the Soldiers and Projectors shall be paid out of the Confiscations If the Country be too hard for the Soldiers then they must consequently mutiny which is equally advantagious unto us Our superlative design is to work the Protestants as well as the Catholicks to welcom in a Conqueror and that is by this means We hope instantly to dissolve Trades and hinder the building of Shipping in devising probable Designs and putting on the State upon Expeditions as that of Cadiz was in taking away the Merchant Ships so that they may not easily catch and light upon the West-India Fleet c. The Parliament being assembled the Seventeenth day of March His Majesty began with this Speech My Lords and Gentlemen THese Times are for Action Wherefore for Examples sake I mean not to spend much time in Words expecting accordingly that your as I hope good Resolutions will be speedy not spending time unnecessarily or that I may better say dangerously For tedious Consultations at this conjuncture of time are as hurtful as ill Resolutions I am sure you now expect from me both to know the cause of your meeting and what to resolve on Yet I think there is none here but knows that Common danger is the cause of this Parliament and that Supply at this time is the chief end of it So that I need but point to you what to do I will use but few perswasions For if to maintain your own Advices and as now the case stands for the following thereof the true Religion Laws and Liberties of this State and the just Defence of our true
necessity to use their Subjects put them into that necessity as they refuse to do for him All this is Pride of the Perswader as Socrates saith In the second I will clear the Parliament in which I was a Member of an ungratefull aspersion cast upon it that is to say That the Parliament was a cause to draw his Majesty into a War and failed on their parts to contribute to it These have been often repeated and the Parliament accused the contrary hath been as often reiterated and the truth expressed how far the Parliament proceeded therein But to stop the mouths of such false Reports and to free the Parliament of such a calumniation I must use this Argument At the Assembly of Oxford the Parliament being Prorogued thither Money was required of us towards the furnishing of his Majesties Fleet then preparing upon many reasons alleadged too tedious now to repeat with one consent it was refused Whereupon there was offer made by him that next the King seem-to have best Authority That if they would but contribute Forty thousand pounds they should choose their Enemy Whereupon I infer That before that Proposition there was no Enemy and therefore no Wars The motion for Money being denied the Parliament instantly brake up and seeing no Enemy was nominated nor Money consented unto by us I see not how the House can be taxed for Peace-breakers but rather the name to be cast upon some young men for youth by nature is prone to pride especially where experience wants They are credulous in what they hear that pleaseth them and incredulous in what is told them by wise men They are despisers of others counsels and very poor in their own They are dangerous for Princes to relie on for self-will is of greater force then Precepts Now to proceed In October following the Fleet put to Sea and what they did is apparent by a Relation written by a their General at his Return The Voyage being ended another followed the next Summer under the command of that noble Lord the Earl of Lindsey which through the weakness and disability of the Ships was not able to perform what he had in charge and what he desired The last and most lamentable was that to the Isle of Rhee which I likewise refer to a man I have seen and to the Books printed and extant These with that to Algeir to make up Mess of Island Voyages I wish might be referred to the examination of choice and experienced Soldiers by Land and by Sea to report their opinions of it That so their Errors their wastefull Expences their Negligences their weak Designs and want of experience may appear with the Success that might have proved if Advice and Counsel had had preheminence above Will and Arrogancy For he that is ignorant of truth and knowledge and led away with pride of his own opinions must needs err After it hath past your approbation it is worthy his Majesties view who then shall see the difference of Actions well mannaged and rash and heady Enterprises undertook by ignorance and performed by folly Business of so great a consequence ought to be considered of with Counsel and not onely of the necessity profit and honor but of the possibility that was like to follow for an Action well begun is half ended My experience in Discipline of War by Land and Sea can say no more then to refer it to others for t is a Course I never was bred to in my youth and now too late in mine age to practice Onely one thing I observe that in the two journeys of Cadiz and Rhee in the first a Land Souldier commanded at Sea who knew not what belonged thereunto and the other was carried by him that was Souldier neither by Land nor by Sea and the success proved accordingly in both yet their errors were never questioned but they both highly advanced And it is no marvel for according to the old saying The best Fencer is not always the best Fighter the fairer Tilter not the best experienced Souldier nor the eye of a Favorite at Court the best General of an Host And whosoever takes upon him that command without knowledge beholds himself in a false glass that makes him seem what he is not As on the contrary Experience is the mother of Prudence and Prudence will take counsel lest she joyn her will with her will hastiness causeth repentance and frowardness causeth hinderance Of the Evils that followed upon these two voyages your selves are sufficient Witnesses and can judge of them As namely the billeting of Soldiers in the Country and bringing their Ships into Harbors not abating the entertainment of the one nor the wages of the other And yet notwithstanding this needless cost and charges our Ships and Coasts are daily infested in such sort as we dare not peep out of Harbor Were the carriage of things now answerable to the Prudence and Presidents of former times we cannot pretend a fear of invasion because our Ships are divided into several Harbors and our Soldiers billetted in Inland Countries beside the season of the year giveth no opportunity to an Enemy to attempt it Here is a mass of wealth curiously consumed whether the King or Subject bear it and no man bettered but onely those that have the titles of Soldiers yet never had the happiness or honor to see what appertained to service Their example of disorder encourages the other to follow their Liberty People that were wont to live poorly yet safely are now by these Fellows and their Followers robbed and spoiled and no remedy for Redress The rich stand upon their guard and dare not resort to their Church lest in their absence their Houses be surprised and Rifled The Enemy giveth a sudden attempt and returneth the others do every day rob and spoil The Enemy surpriseth with fear the others have neither fear nor shame The first lessening the greatness of the Roman Empire was by the insolency of Soldiers and the first raising of the House of Ottoman was by permission and conniving at his Army What man is so old in England that hath seen or what youth so young that ever thought to see Scottish men and Irish men Garrisoned in England and no Enemy appear against us Or who could have imagined he should ever have seen our own people tyrannized over in our own Kingdom by these of our own Nation and those Scottish and Irish and not dare so much as complain Would our forefathers have thought it safety or Policy to draw Two thousand Scotish men and Irish men into the Isle of Wight for their defence against France when they of the Isle desired it not nay when they opposed it Would they have thought it wisdom that Two thousand Mouthes besides the Inhabitants should live on the food of that Island and so bring themselves into want and penury of victuals if they should in earnest be attempted by an Enemy Would they have thought fit the charge of
apparent that their true grief is not in the matter of giving but to see the Evil imploying of it when it is given If any man shall pervert this good meaning and motion of yours and inform his Majesty 't is a derogation from his Honor to yield to his Subjects upon Conditions His Majesty shall have good cause to prove such mens Eyes malitious and unthankfull and thereby to disprove them in all their other Actions For what can it lessen the Reputation of a Prince whom the Subject onely and wholy obeyeth that a Parliament which his Majesty doth acknowledge to be his highest Council should advise him and he follow the advice of such a Council What dishonor rather were it to be advised and ruled by one Councellor alone against whom there is just exception taken of the whole Commonwealth Marcus Portio saith That that Commonwealth is everlasting where the Prince seeks to get obedience and love and the Subjects to gain the affection of the Prince and that Kingdom is unhappy where their Prince is served out of ends and hope of Reward and hath no other assurance of them but their service Thursday the 20 of March the House setled their grand Committees for Religion Grievances Courts of Justice and Trade and agreed upon a Petition to the King for a Fast unto which the Lords also consented Most gracious Soveraign WE your most humble and loyal Subiects the Lords Spiritual and Temporal in this present Parliament assembled upon a tender and compassionate sence of the extream Calamities of the Reformed Churches abroad and with much sorrow apprehending the displeasure of Almighty God declared against our selves the manifold evils already faln upon us and those which are further threatned as by your sacred Majesty was intimated unto us even to the utter destruction and subversion of this Church and State and which our sins have justly deserved and being now by your Majesties gracious favor assembled in Parliament as the Great Council of this your Kingdom to consult of such means as we think fittest to redress the present and prevent the future evils wherein we through Gods blessing intend to imploy our utmost endeavors humbly beseech your Majesty that by your special Command one or more days may be forthwith solemnly set apart wherein both our selves and the whole Kingdom may by fasting and prayers seek reconciliation at the hands of Almighty God and with humble and penitant hearts beseech him to remove those miseries that lie upon us our neighbor Churches to avert those which are threatned to continue the favors we yet enjoy and particularly to bestow his abundant blessing upon your Majesty and this present Parliament so that all our Counsels and Resolutions being blessed by his Divine assistance may produce much honor and safety to your Majesty your People and Allies Saturday the 22 of March was spent in opening the grievances and state of the Kingdom as billeting of Soldiers Loans by Benevolences and Privy-Seal and the imprisoning certain Gentlemen who refused to lend upon that account who afterwards bringing their Habeas Corpus were notwithstanding remanded to prison nor did the House encline to Supply his Majesty till these Grievances were redressed To which purpose Sir Francis Seimour thus began This is the great Council of the Kingdom and here if not here alone his Majesty may see as in a true glass the state of the Kingdom we are called hither by his Majesties writs to give him faithful counsel such as may stand with his honor but this we must do without flattery we are sent hither by the Commons to discharge that trust reposed in us by delivering up their just grievances and this we must do without fear let us not therfore be like Cambyses Judges who being demanded of their King whether it were not lawful for him to do what in it self was unlawful They rather to please the King then to discharge their own consciences answered that the Persian Kings might do what they listed This base flattery tends to mischief being fitter for reproof then imitation and as flattery so fear taketh away the judgment let us not then be possessed with fear or flattery of corruptions the basest For my own part I shall shun both these and speak my conscience with as much duty to his Majesty as any man but not neglecting the Publick in which his Majesty and the Commonwealth have an Interest But how can we shew our affections whilst we retain our fears or how can we think of giving of Subsidies till we know whether we have any thing to give or no for if his Majesty be perswaded by any to take from his Subjects what he will and where it pleaseth him I would gladly know what we have to give It s true it is ill with those Subjects that shall give Laws to their Princes and as ill with those Princes which shall use force with those Laws that this hath been done appeareth by the billetting of Soldiers a thing no way advantageous to his Majesties service but a burden to the Commonwealth This also appeareth by the last Levy of money against an act of Parliament Again Mr Speaker what greater proof can there be of this then the imprisonment of divers Gentlemen for the Loan who if they had done the contrary for fear their fault had been as great as theirs that were the Projectors in it and to countenance these Proceedings hath it not been preached or rather prated in our pulpits that all we have is the Kings Iure Divino say these time-servers they forsake their own function and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick and Mr Speaker wee see how easie it is for a Prince how just and good soever to be abused in regard he must see with other mens eyes and hear with other mens ears Let us not flatter his Majesty it is too apparent to all the world the King and people suffer more now then ever His Majesty in his Affairs abroad and his People in their Estates at home But will you know the reason of all this let us look back to the Actions of former Princes and we shall find that those Princes have been in greatest want and extreamity that exacted most of their Subjects and most unfortunate in the choice of their Ministers and to have failed most in their undertakings happy is that Prince that hath those that are faithful of his Council That which his Majesty wanted in the management of his Affairs concerning France and Spain I am clear was his want of faithful Council to advise The reason is plain a Prince is strongest by faithfull and wise Council I would I could truly say such have been imployed abroad I will confess and still shall from my heart he is no good Subject nor well affected to his Majesty and the State that will not willingly and freely lay down his life
the best way for Reformation And will not this be a happy union if the whole body concur to reduce all into regularity if Laws be our Birth-rights we shall hereby recover them and their splendor this will have good aspect abroad and it will give courage to our men that have been despised and will prevent practises to continue divisions amongst us both at home and abroad The first Sower of seeds of distractions amongst us was an Agent of Spain Gondomar that did his Master great service here and at home Since that we have had other Ministers that have blown the fire The Ambassador of France told his Master at home what he had wrought here the last Parliament namely divisions between King and people and he was rewarded for it Whilst we sit here in Parliament there was another intended Parliament of Jesuites and other well-willers within a mile of this place that this is true was discovered by Letters sent to Rome The place of their meeting is changed and some of them are there where they ought to be if you look in your Calendar there is a day of St. Ioseph it was called in the Letter the Oriental day and that was the day intended for their meeting I speak this to see Gods hand to work our union in their division they are not more rent from us then they are from themselves I desire the meanest judgement to consider what may follow by giving precedency to his Majesty and by so doing we shall put from our selves many imputations If we give any occasion of breach it is a great disadvantage if otherwise it is an obligation to his Majesty which his Majesty will not forget Then he made a motion that the same Committee may hear Propositions of general heads of Supply and afterward go to other businesses of the day for Grievances Others preferred the Consideration of Grievances as a particular root that invades the main liberty of the Subject It is the Law said they that glorious fundamental Right whereby we have power to give we desire but that his Majesty may see us have that right therein which next to God we all desire and then we doubt not but we shall give his Majesty all supply we can The time was when it was usual to desire favors for sowing discords as Gondomar did for Raleigh's head But the debates of this day came to no Resolution The day following Mr Secretary Cook tendred the House certain Propositions from the King touching Supply and told them That his Majesty finding time precious expects that they should begin speedily lest they spend that time in deliberation which should be spent in action that he esteems the Grievances of the House his own and stands not on Precedence in point of honor Therefore to satisfie his Majesty let the same Committee take his Majesties Propositions into consideration and let both concur whether to sit on one in the forenoon or the other in the afternoon it is all one to his Majesty Hereupon the House turned themselves into a Committee and commanded Edward Littleton Esquire unto the Chair and ordered the Committee to take into Consideration the Liberty of the Subject in his Person and in his Goods and also to take into Consideration his Majesties Supply In this Debate the Grievances were reduced to six Heads as to our Persons 1. Attendance at the Council Board 2. Imprisonment 3. Confinement 4. Designation for Forein Imployment 5. Martial-Law 6. Undue Proceedings in matter of Judicature The first matter debated was the Subjects Liberty in his Person the particular instance was in the Case of Sir Iohn Heveningham and those other Gentlemen who were imprisoned about Loan-money and thereupon had brought their Habeas Corpus had their Case argued and were nevertheless remanded to Prison and a Judgment as it was then said was entred Whereupon Mr. Creswell of Lincolns-Inn spake to this purpose Justice said he is the Life and the Heart-blood of the Common-wealth and if the Commonwealth bleed in the master vein all the Balm in Gilead is but in vain to preserve this our Body of Policy from ruin and destruction Justice is both Columna Corona Reipublicae She is both the Columne and the Pillar the Crown and the Glory of the Commonwealth this is made good in Scripture by the Judgement of Solomon the wisest King that ever Raigned upon Earth For first She is the Pillar for he saith By Justice the Throne shall be Established Secondly She is the Crown for he saith That by Justice a Nation shall be Exalted Our Laws which are the rules of this Justice they are the ne plus ultra to both the King and the Subject and as they are the Hercules Pillar so they are the Pillar to every Hercules to every Prince which he must not pass Give me leave to resemble her to Nebuchadnezar's Tree for she is so great that she doth shade not onely the Palace of the King and the House of Nobles but doth also shelter the Cottage of the poorest Begger Wherefore if either now the blasts of indignation or the unresistable violater of Laws Necessity hath so bruised any of the Branches of this Tree that either our Persons or Goods or Possessions have not the same shelter as before yet let us not therfore neglect the root of this great Tree but water it with our Tears that so these bruised Branches may be recovered and the whole Tree again prosper and flourish I know well that Cor regis inscrutabile and that Kings although they are but men before God yet they are gods before men And therefore to my gracious and dread Soveraign whose vertues are true qualities ingenerate both in his judgment and nature let my arm be cut off nay let my soul not live that day that I shall dare to lift up my arm to touch that forbidden Fruit those Flowers of his Princely Crown and Diadem But yet in our Eden in this Garden of the Commonwealth as there are the Flowers of the Sun which are so glorious that they are to be handled only by Royal Majesty So are there also some Daysies and wholesom Herbs which every common hand that lives and labors in this Garden may pick and gather up and take comfort and repose in them Amongst all which this Oculus Diei this bona libertas is one and the chief one I will now descend to the Question wherein I hold with all dutiful submission to better judgments that these acts of Power in imprisoning and consining of his Majesties Subjects in such manner without any Declaration of the Cause are against the fundamental Laws and Liberties of this Kingdom The first from the great favor which the Law doth give unto and the great care which it hath ever taken of the Liberty and safety of this Kingdom To proceed therefore in maintenance of my first reasons I find our Law doth so much favor the Subjects Liberty of
propriety in my own house and not liberty in my person Perspicuè vera non sunt probanda The King hath distributed his Judicial power to Courts of Justice and to Ministers of Justice it is too low for so great a Monarch as the King is to commit men to Prison and it is against Law that men should be committed and no cause shewed I would not speak this but that I hope my Gracious King will hear of it yet it is not I Edw. Cook that speaks it but the Records that speak it we have a National appropriate Law to this Nation diversis ab orbe Brittannis I will conclude with the Acts of the Apostles chap. 25. It is against reason to send a man to Prison and not to shew the cause It is now time to go to the Question Resolved upon the Question Nemine contradicente I. That no Freeman ought to be detained or kept in Prison or otherwise restrained by the command of the King or the Privy-Council or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained II. That the Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or detained in Prison or otherwise restrained though it be by the command of the King the Privy-Council or any other he praying the same III. That if a Freeman be committed or detained in prison or otherwise restrained by the Command of the King the Privy-Council or any other no cause of such Commitment Detainer or Restraint being expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a Habeas Corpus granted for the said Party then he ought to be delivered or bailed And then taking into consideration the Property of the Subject in his Goods they came to this Resolution to which there was not a Negative viz. That it is the antient and undubitable right of every Freeman That he hath a full and absolute Property in his Goods and Estate that no Tax Tallage Loan benevolence or other like charge ought to be commanded or levied by the King or any of his Ministers without common consent by Act of Parliament Wednesday March 26. The Propositions tendred the day before by Secretary Cook from his Majesty were now received and read but the Debate thereof was referred to another day The Propositions were these viz. 1. To furnish with men and Victuals 30 ships to guard the narrow Seas and along the Coasts 2. To set out ten other ships for the relief of the Town of Rochel 3. To set out ten other ships for the preservation of the Elbe the Sound and Baltick-Sea 4. To leavy Arms Cloth Victual pay and transport an Army of 1000. Horse and 10000. Foot for Forein Service 5. To pay and supply 6000 l. more for the service of Denmark 6. To supply the Forts of the Office of Ordnance 7. To supply the Stores of the Navy 8. To build 20 ships yearly for the increase of the Navy 9. To repair the Forts within the Land 10. To pay the arrears of the Office of Ordnance 11. To pay the arrears of the Victuallers Office 12. To pay the Arrear of the Treasure of the Navy 13. To pay the Arrears due for the freight of divers Merchants ships imployed in his Majesties Service 14. To provide a Magazine for Victuals for Land and Sea-service And the Commons having a Conference with the Lords about the Petition against Recusants Secretary Cook was appointed to manage the said Conference In the first place he said we acknowledge all due honor both unto the reverend Fathers of the Church and to our Noble Lords in that ye have shined before us as worthy Lights in the encouragement and maintenance of true Religion being the true support of all Dignities and Honors And this forwardness of you is the more remarkable when that viperous Generation as your Lordships justly stiled them do at ease with tooth and nail essay to rend the Bowels of their Mother Give me leave to tell you what I know that these now both vaunt at home and write to their friends abroad They hope all will be well and doubt not to prevail and to win ground upon us And a little to awake the Zeal and Care of our learned and grave Fathers it is fit that they take notice of that Hierarchy which is already established in competition with their Lordships for they have a Bishop consecrated by the Pope This Bishop hath his Subalternate Officers of all kindes as Vicars-General Arch-Deacons Rural-Deans Apparators and such like neither are these nominal or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdom keep Courts and determine Ecclesiastical Causes And which is an Argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntio's and Cardinals both at Bruxels and in France Neither are the Seculars alone grown to this height but the Regulars are more active and dangerous and have taken deep root they have already planted their Societies and Colledges of both Sexes they have setled Revenues Houses Libraries Vestments and all other necessary provisions to travel or stay at home nay even at this time they intend to hold a concurrent Assembly with this Parliament But now since his Sacred Majesty hath extended his Royal arm and since the Lords of his Council have by their Authority caused this nest of Wasps to be digged out of the Earth and their Convocations to be scattered And since your Lordships joyn in courage and resolution at least to reduce this people to their lawfull restraint that they may do no more hurt we conceive great hope and comfort that the Almighty God will from henceforth prosper our endeavors both at home and aboad But now my Lords to come to the chief Errand of this our meeting which is to make known to you the Approbation of our House of that Petition to his Majesty wherein you are pleased to request our concurrence The House hath taken it into serious consideration and from the beginning to the end approve of every word and much commend your happy pen onely we are required to present unto you a few Additions whereby we conceive the Petition may be made more agreeable to the Statutes which are desired to be put in execution and to a former * Petition granted by his Majesty Recorded in both Houses confirmed under the Broad-Seal of England and published in all our Courts of ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them onely as our advice and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not finde this Reason to be of weight This
and ought not to be denied and is directeâ— to the Keeper of the Prison in whose custody the Prisoner remains commanding him that after a certain day he bring in the body of the Prisoner cum causa detentionis and sometimes cum causa captionis and he with his return filed to the Writ bringeth the Prisoner to the Bar at the time appointed and the Court judgeth of the sufficiency or insufficiency of the retuâ—n and if they finde him baylable committitur Marescallo the proper Prison belongeth to the Court and then afterward traditur in ball But if upon the return of the Habeas Corpus it appear to the Court that the Prisoner ought not to be bayled nor discharged from the Prison whence he is brought then he is remanded and sent back again to continue till by due course of Law he may be delivered and the entâ—y of this is remittitur quousque secundum legem deliberatus fuerit or remittitur quousque c. which is all one and the highest award of Judgement that ever was or can be given upon a Habeas Corpus Your Lordships have heard the resolution of the House of Commons touching the enlargement of a man committed by the command of the King or the privy Councel or any other without cause shewed of such commitment which resolution as it is grounded upon Acts of Parliament already shewen the reason of the Law of the Land being committed to the charge of another to open unto unto you so it is strengthened by many Precedents of Records He then produced twelve Precedents full and directly in the point to prove that persons so committed ought to be delivered upon bayl which were distinctly opened and read to their Lordships then he also offered to their consideration other kind of Precedents which were solemn resolutions of Judges things not of Record but yet remain in Authentick Copies which Precedents and Authorities we omit for the length thereof He then proceeded and said The House of Commons desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the 34. year of the Queen cited in the case of Sir Iohn Heveningham by the Kings Councel as Arguments against his not being bayled have got into their hands a Book of select Cases collected by the reverend and learned Judge Chief Justice Anderson all written with his own hand which he caused to be read being the same which hath been already mentioned in the Collections of this Parliament which Precedents saith he do fully resolve enough for the maintenance of the ancient and fundamental point of Liberty of the Person to be regained by Hab. Corp. when any is imprisoned Then he concluded that having thus gone through the charge committed to him by the House of Commons he should now as he had leave and direction given him lest their Lordships should be put to much trouble and expence of time in finding and getting Copies at large of those things which he had cited offer also to their Lordships Authentick Copies of them all and so left them and whatever else he had said to their Lordships further consideration LAst of all Sir Edward Cook took up the Argument as to the rational part of the Law and began with this Introduction Your Lordships have heard 7. Acts of Parliament in point and 31. Precedents summarily collected and with great understanding delivered which I have perused and understand them all throughly 12. of the Precedents are in terminis terminantibus a whole Jury of Precedents and all in the point I am much transported with joy because of the hope of good success in this weighty business your Lordships being so full of Justice and the very Theme and Subject doth promise success which was Corpus cum cansa the freedom of an English man not to be imprisoned without cause shewn which is my part to shew and the reason and the cause why it should be so wherein I will not be prolix nor copious for to guild Gold were idle and superfluous And after he had cleared some doubts made of the Statute of Westminster which saith That the Sheriffs and others in some cases may not replevin men in Prison he proceeded further and said That all those Arguments offered unto your Lordships in this last conference are of a double nature 1. Acts of Parliament 2. Judicial Precedents For the first I hold it a proper Argument for your Lordships because you my Lords temporal and you my Lords spiritual gave your assent unto those Acts of Parliament and therefore if these cannot perswade you nothing can For the second which are Judicial Precedents it is Argumentum ab authoritate and Argumentum ab authoritate valet affimative that is I conceive though it be no good Argument to say negatively the Judges have given no opinion in the point 3. It is good Law which I fortifie with a strong Axiome Neminem oportet sapientiorem esse legibus Now these two arguments being so well pressed to your Lordships by my Colleagues I think your Lordships may wonder what my part may be it is short but sweet it is the Reason of all those Laws and Precedents and Reason must needs be welcome to all men for all men are not capable of the understanding of the Law but every man is capable of Reason and those Reasons I offer to your Lordships in affirmance of the antient Laws and Precedents made for the Liberty of the Subject against Imprisonment without cause expressed 1. A re ipsa 2. A minore ad majus 3. From the remedies provided 4. From the extent and universality of the same 5. From the infiniteness of the time 6. A Fine The first general Reason is a re ipsa even from the nature of Imprisonment ex visceribus causae for I will speak nothing but ad idem be it close or other Imprisonment and this Argument is three-fold because an imprisoned man upon will and pleasure is 1. A Bond-man 2. Worse then a Bond-man 3. Not so much as a man for mortuus homo non est homo a Prisoner is a dead man 1. No man can be imprisoned upon will and pleasure of any but he that is a Bond-man and villain for that Imprisonment and Bondage are Propria quarto modo to villains now Propria quarto modo and the species are convertible Whosoever is a Bond-man may be imprisoned upon will and pleasure and whosoever may be imprisoned upon will and pleasure is a Bondman 2. If free men of England might be imprisoned at the will and pleasure of the King or his commandment then were they in worse case then Bondmen or villains for the Lord of a villain cannot command another to imprison his villain without cause as of disobedience or refusing to serve as it is agreed in the year books And here he said that no man should reprehend any thing that he said out of Books or Records he said he would prove
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
Exposition I apprehend must be made of the proposed words being added to our Petition And therefore I conclude that in my opinion we may not consent to this Addition which I submit to better Judgements The Commons afterwards appointed Mr. Glanvile and Sir Henry Martin to manage another Conference to be had with the Lords concerning the said matter and to clear the Sense of the Commons in that point the one argued the Legal the other the Rational part and though the matter delivered by the length of it may seem tedious to the Reader and some matters spoken of before repeated again yet if the Reader observe the Language and Stile as well as the subject Matter perhaps it will be no penance unto him Mr. Glanviles Speech in a full Committee of both Houses of Parliament 23. May 1628. in the Painted Chamber at Westminster MY Lords I have in charge from the Commons House of Parliament whereof I am a Member to express this day before your Lordships some part of their clear sense touching one point that hath occurred in the great Debate which hath so long depended in both Houses I shall not need many words to induce or state the question which I am to handle in this free Conference The subject matter of our meeting is well known to your Lordships I will therefore onely look so far back upon it and so far recollect summarily the proceedings it hath had as may be requisite to present clearly to your Lordships considerations the nature and consequence of that particular wherein I must insist Your Lords may be pleased to remember how that the Commons in this Parliament have framed a Petition to be presented to his Majesty a Petition of Right rightly composed relating nothing but truth desiring nothing but Justice a Petition justly occasioned a Petition necessary and fit for these times a Petition founded upon solid and substantial grounds the Laws and Statutes of this Realm sure Rocks to build upon a Petition bounded within due limits and directed upon right ends to vindicate some lawful and just Liberties of the free Subjects of this Kingdom from the prejudice of violations past and to secure them from future innovations And because my following discourse must reflect chiefly if not wholly upon the matter of this Petition I shall here crave leave shortly to open to your Lordships the distinct parts whereof it doth consist and those are four The first concerns Levies of Moneys by way of Loans or otherwise for his Majesties supply Declaring that no man ought and praying 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 3. The second is concerning that Liberty of Person which rightfully belongs to the Free Subjects of this Realm expressing it to be against the 〈◊〉 of the Laws and Statutes of the Land that any Freeman should be imprisoned without cause shewed and then reciting how this Liberty amongst others hath lately been infringed it concludeth with a just and necessary desire for the better clearing and allowance of this priviledge for the future 3. The third declareth the unlawfulness of billeting or placing Soldiers or Mariners to sojourn in Free Subjects houses against their wills and prayeth remedy against that grievance 4. The fourth and last aimeth at redress touching Commissions to proceed to the Tryal and Condemnation of Offenders and causing them to be executed and put to death by the Law Marshal in times and places 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 none other ought to be adjudged and executed This Petition the careful House of Commons not willing to omit any thing pertaining to their duties or that might advance their moderate and just ends did heretofore offer up unto your Lordships consideration accompanied with an humble desire That in your Nobleness and Justice you would be pleased to joyn with them in presenting it to his Majesty that so coming from the whole Body of the Realm the Peers and People to him that is the Head of both our Gracious Soveraign who must crown the Work or else all our labour is in vain it might by your Lordships concurrence and assistance finde the more easie passage and obtain the better answer Your Lordships as your maner is in cases of so great importance were pleased to debate and weigh it well and thereupon you propounded to us some few amendments as you termed them by way of alteration alledging that they were onely in matters of form and not of substance and that they were intended to none other end but to sweeten the Petition and make it the more passable with his Majesty In this the House of Commons cannot but observe that fair and good respect which your Lordships have used in your proceedings with them by your concluding or Voting nothing in your House until you had imparted it unto them whereby our meetings about this business have been justly stiled Free Conferences either party repairing hither disingaged to hear and weigh the others Reasons and both Houses coming with a full intention upon due consideration of all that can be said on either side to joyn at last in resolving and acting that which shall be found most just and necessary for the honor and safety of his Majesty and the whole Kingdom And touching those propounded alterations which were not many your Lordships cannot but remember that the House of Commons have yielded to an accommodation or change of their Petition in two particulars whereby they hope your Lordships have observed as well as ye may they have not been affected unto words or phrases nor over-much abounding in their own sense but rather willing to comply with your Lordships in all indifferent things For the rest of your proposed amendments if we do not misconceive your Lordships as we are confident we do not your Lordships of your selves have been pleased to relinquish them with a new overture for one onely Clause to be added in the end or foot of the Petition whereby the work of this day is reduced to one simple head whether that Clause shall be received or not This yielding of the Commons in part unto your Lordships of other points by you somewhat insisted upon giveth us great assurance that our ends are one and putteth us in hope that in conclusion we shall concur and proceed unanimously to seek the same ends by the same means The clause propounded by your Lordships to be added to the Petition is this WE humbly present this Petition to your Majesty not onely with a care for preservation of our Liberties but with a due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of your People A clause specious in shew and smooth in words but in effect and consequence most
Bill shew and declare against Roger Manwaring Clerk Dr. in Divinity That whereas by the Laws and Statutes of this Realm the free Subiects of England do undoubtedly inherit this Right and Liberty not to be compelled to contribute any Tax Tollage Aid or to make any Loans not set or imposed by common consent by Act of Parliament And divers of his Majesties loving Subjects relying upon the said Laws and Customes did in all humility refuse to lend such sums of Moneys without Authority of Parliament as were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrarâ— to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is to say the fourth day of July last one of the said Sermons and upon the 29. day of the same Moneth the other of the said Sermons both which Sermons he hath since published in print in a Book intituled Religion and Allegiance and with a wicked and malitious intention to seduce and misguide the Conscience of the Kings most excellent Majesty touching the observation of the Laws and Customes of this Kingdom and of the Rights and Liberties of the Subjects to incense his Royal displeasure against his good Subjects so refusing to scandalize subvert and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to alienate his Royal heart from his People and to cause jealousies sedition and division in the Kingdom He the said Roger Manwaring doth in the said Sermons and Book perswade the Kings most excellent Majesty First that his Majesty is not bound to keep and observe the good Laws and Customes of this Realm concerning the Rights and Liberties of the Subjects aforementioned And that his Royal Will and Command in imposing Loans Taxes and other Aids upon his people without common consent in Parliament doth so far binde the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of eternal damnation Secondly that those of his Majesties loving Subjects which refused the Loan aforementioned in such manner as is before recited did therein offend against the Law of God against his Majesties Supreme Authority and by so doing became guilty of Impiety Dissoialty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several parts of his Book doth most falsly and malitiously lay upon them Thirdly that authority of Parliaments is not necessary for the raising of Aids and Subsidies that the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State but rather apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and Book but likewise by several Clauses Assertions and Sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and Book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the Consciences of all his Servants and chiefly of Soveraign Princes and Magistrates and for the maintenance of the peace and concord betwixt all men especially betwixt the King and his People and hath thereby most grievously offended against the Crown and Dignity of his Majesty and against the Prosperity and good Government of this State and Common-wealth And the said Commons by protestation saving to themselves the Liberty of exhibiting at any time hereafter any other occasion or impeachment against the said Roger Manwaring and also of replying to the answers which he the said Roger shall make unto any of the matters contained in this present Bill of Complaint and of offering further proof of the premises or of any of them as the Cause according to the Course of Parliament shall require do pray that the said Roger Manwaring may be put to answer to all and every the premises and that such proceeding examination trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Iustice. This Declaration ingrossed in Parliament being read Mr. Pym addressed himself to the Lords in this manner THat he should speak to this Cause with more confidence because he saw nothing out of himself that might discourage him If he considered the matter the Offences were of an high nature of easie proof if he considered their Lordships who were the Judges of their own interest their own honour the example of their Ancestors the care of their Posterity would all be Advocates with him in this Cause on the behalf of the Commonwealth if he considered the King our Soveraign the pretence of whose Service and Prerogative might perchance be sought unto as a Defence and Shelter for this Delinquent he could not but remember that part of his Majesties Answer to the Petition of Right of both Houses that he held himself bound in conscience to preserve those Liberties which this man would perswade him to impeach He said further that he could not but remember his Majesties love to Piety and Justice manifested upon all occasions and he knew love to be the root and spring of all other passions and affections A man therefore hates because he sees somewhat in that which he hates contrary to that which he loves a man therefore is angry because he sees somewhat in that wherewith 〈◊〉 â—ngry that gives impediment and interruption to the accomplishment of that which he loves If this be so by the same act of his Apprehension by which he believes his Majesties love to Piety and Justice he must needs believe his hate and detestation of this man who went about to withdraw him from the exercise of both Then he proceeded to that which he said was the Task enjoyned him to make good every Clause of that which had been read unto them which that he might the more clearly perform he prepounded to observe that order of parts unto which the said Declaration was naturally dissolved 1. Of the Preamble 2. The Body of the Charge 3. The Conclusion or Prayer of the Commons The preamble consisted altogether of recital first of the Inducements upon which the Commons undertook this complaint The second of those Laws and Liberties against which the offence was committed The third of the violation of those Laws which have relation to that offence From the connexion of all those recitals he said there did result three Positions which he was to maintain as the ground-work and foundation of the whole Cause The first that the form of Government in any State could not be altered without apparent danger of ruine to that State The second the Law of England whereby the Subjects was exempted from Taxes and Loans not granted by common consent of Parliament was not introduced by any Statute or by any Charter or Sanction of Princes but was
contribute any Right to Kings whereby to challenge tributary Aids and Subsidiary helps but for the more equal imposing and more easie exacting of that which unto Kings doth appertain by natural and original Law and Justice as their proper inheritance annexed to their Imperial Crowns from their Birth And therefore if by a Magistrate that is Supreme if upon necessity extreme and urgent such subsidiary helps be required a proportion being held respectively to the ability of the persons charged and the sum and quantity so required surmount not too remarkably the use and charge for which it was levyed very hard would it be for any man in the World that should not accordingly satisfie such demands to defend his conscience from that heavy prejudice of resisting the Ordinance of God and receiving to himself damnation though every of those circumstances be not observed which by the municipal Law is required Secondly if they would consider the importunities that often may be urgent and pressing necessaries of State that cannot stay without certain and apparent danger for the motion and revolution of so great and vast a Body as such Assemblies are nor yet abide their long and pausing deliberation when they are assembled nor stand upon the answering of those jealous and over-wary Cautions and Objections made by some who wedded overmuch to the love of epidemical and popular Errors and bent to cross the most just and lawful designs of their wise and gratious Soveraign and that under the plausible shews of singular liberty and freedom which if their Conscience might speak would appear nothing more then the satisfying either of private humors passions or purposes He said he needed not draw any Arguments or Conclusions from these places the substance of the Charge appeared sufficiently in the words themselves and to this third Article he fixed two other of these six Characters of malice That it is his wicked intention to avert his Majesties minde from calling of Parliaments and to cause Jealousies Seditions and Divisions in the Kingdom which he shortly inforced thus If Parliaments be taken away Mischiefs and Disorders must needs abound without any possibility of good Laws to reform them Grievances will dayly increase without opportunity or means to redress them and what readier way can there be to distractions betwixt the King and People to tumults and distempers in the State then this And so he concluded this third Article of the Charge The Limitations whereby the Doctor had provided to justifie or at least to excuse himself were propounded to be three 1. That he did not attribute to the King any such absolute Power as might be exercised at all times or upon all occasions according to his own pleasure but onely upon necessity extreme and urgent 2. That the sum required must be proportionable to the ability of the party and to the use and occasion 3. That he did not say That the substance of the Municipal or National Laws might be omitted or neglected but the Circumstances onely To these were offered three Answers the first general the other two particular The general Answer was this that it is all one to leave the Power absolute and to leave the judgement arbitrary when to execute that Power for although these limitations should be admitted yet it is left to the King alone to determine what is an urgent and pressing necessity what is a just proportion both in respect of the ability and of the use and occasion and what shall be said to be a Circumstance and what of the Substance of the Law and the Subject is left without remedy the legal bounds being taken away no private person shall be allowed to oppose his own particular opinion in any of these points to the Kings Resolution so that all these limitations though specious in shew are in effect fruitless and vain The first particular Answer applied to that limitation of urgent necessity was taken from the case of Normandy as it appears in the Comentaries of Guilme Jermie upon the customary Laws of that Dutchy they having been opprest with some grievances contrary to this Franchise made their complaint to Lewis the tenth which by his Charter in the year 1314. acknowledging the Right and Custome of the Countrey and that they had been unjustly grieved did grant and provide that from thence forward they should be free from all Subsidies and Exactions to be imposed by him and his Successors yet with this clause Si necessitie grand ne le requiret which small exception has devoured all these Immunities for though these States meet every year yet they have little or no power left but to agree to such Levies as the King will please to make upon them The second particular Answer applied to the limitation and diminution of this Power which may be pretended to be made by this word Circumstance as if he did acknowledge the King to be bound to the substance of the Law and free onely in regard of the manner whereas if the places be observed it will appear that he intends by that word the Assembly of Parliaments and assent of the People such Contribution which is the very Substance of the Right and Liberty now in question The Circumstances of Aggravation observed to be annexed to this Cause were these The first from the place where these Sermons were preached the Court the Kings own Family where such Doctrine was before so well believed that no man needed to be converted Of this there could be no end but either Simoniacal by flattery and soothing to make way for his own preferment or else extreme malitious to add new afflictions to those who lay under his Majesties wrath disgraced and imprisoned and to enlarge the wound which had been given to the Laws and Liberties of the Kingdom The second was from the consideration of his holy Function He is a Preacher of Gods Word and yet he had endeavoured to make that which was the onely rule of Justice and Goodness to be the warrant for violence and oppression He is a Messenger of Peace but he had endeavoured to sow strife and dissension not onely amongst private persons but even betwixt the King and his People to the disturbance and danger of the whole State He is a Spiritual Father but like that evil Father in the Gospel he hath given his Children Stones in stead of Bread in stead of Flesh he hath given them Scorpions Lastly he is a Minister of the Church of England but he hath acted the part of a Romish Jesuit they labour our destruction by dissolving the Oath of Allegiance taken by the People he doth the same work by dissolving the Oath of Protection and Justice taken by the King A third point of Aggravation was drawn from the quality of these Authors upon whose authority he doth principally rely being for the most part Fryers and Jesuits and from his fraud and shifting in citing those Authors to purposes quite different from their own
he hath prefixed and still resoves to hold that so for this time all Christendom might take notice of a sweet parting between him and his people Which if it fall out his Majesty will not be long from another meeting when such if there be any at their leisure and convenience may be considered Mr. Speaker proceeded I will observe somewhat out of this Message ye may observe a great inclination in his Majesty to meet in this House I was bold yesterday to take notice of that liberty ye gave me to go to his Majesty I know there are none here but did imagine whither I went but that I knew ye where desirous and content that I should leave you I would not have desired it give me leave to say this Message bars you not of your Right in matter nay not in manner but it reacheth to his Councels past and for giving him Councel in those things which he commanded It is not his Majesties intentions to protect any Abetter of Spain The end of this was that we might meet again sweetly and happily The House of Lords likewise received this Message by the Lord Keeper MY Lords his Majestie takes notice to your great advantage of the proceedings of this house upon the hearing of his Majesties message yesterday He accounts it a fair respect that ye would neither agree of any Committee or send any Message to his Majesty though it were in your own hearts but yeild your selves to his Majesties Message and defer your own resolutions till you meet again at the time appointed by his Majesty Yet his Majesty takes it in extream good part to hear what was in your heart and especially that ye were so sensible of the inconvenience that might ensue upon the breach of this Parliament Which if it had happened or shall hereafter happen his Majesty assures himself that he shall stand clear before God and men of the occasion But his Majesty saith ye had just cause to be sensible of the danger considering how the estate of Christendom now stands in respect of the multitude and strength of our Enemies and weakness on our part All which his Majesty knows very exactly and in respect therereof called this Parliament the particulars his Majesty holds it needless to recite especially to your Lordships since they are apparant to all men Neither will it be needfull to reiterate them to his Majesty whose cares are most intentive upon them and the best remedy that can be thought on therein is if his Subjects do their parts Therefore his Majesty gives you hearty thanks and bad me tell you that nothing hath been more acceptable to him all the time of this Parliament then this dutiful and discreet carriage of your Lordships which he professeth hath been a chief motive to his Majesty to suspend those intentions that were not far from a resolution Sir Robert Philips assumed the Debate upon the Message delivered by the Speaker and said I rise up with a disposition somewhat in more hope of comfort then yesterday yet in regard of the uncertainty of Councels I shall not change much In the first place I must be bold without flattering a thing nor incident to me to tell you Mr. Speaker you have not only at all times discharged the duty of a good Speaker but of a good man for which I render you many thanks Another respect touching his Majesties Answer to our Petition First if that Answer fall out to be short I free his Majesty and I believe his Resolution was to give that that we all expected But in that as in others we have suffered by reason of interposed persons between his Majesty and us But this day is by intervenient accidents diverted from that but so as in time we go to his Majesty Therefore let us remove those jealousies in his Majesty of our Proceedings that by somâ— men over-grown have bin mispresented we have proceeded with temper in confidence of his Majesties goodness to us and our fidelity to him and if any have construed that what we have done hath been out of feare let him know we came hither free men and will ever resolve to endure the worst and they are poor men that make such interpretations of Parliaments in this way and method we proceeded and if any thing fall out unhappily it is not King Charles that advised himself but King Charles misadvised by others and misled by misordered Councel it becomes us to consider what we were doing and now to advise what is fit to be done We were taking consideration of the State of the Kingdome and to present to his Majesty the danger he and we are in iâ— since any man hath been named in particular though I love to speak of my betters with humility let him thank himself and his Councels but those necessary jealousies gives us occasion to name him I assure my self we shall proceed with temper and give his Majesty satisfaction if we proceed in that way his Majesties message is now explanatory in point of our liberties that he intends not to barre us of our rights and that he would not have any aspersion cast on the Councels past let us present to his Majesty shortly and faithfully and declare our intentions that we intend not to lay any aspersion upon him but out of a necessity to prevent the eminent dangers we are surrounded with and to present to him the affaires at home and abroad and to desire his Majesty that no interposition of mis-information of men in fault may prevaile but to expect the issue that shall be full of duty and Loyalty The Commons sent a message to the Lords that they would joyne in an humble request to the King that a clear and satisfactory answer be given by his Majesty in full Parliament to the petition of Right whereunto the Lords did agree Afterward the House was turned again into a Committee and considered of some more heads to be inserted into the Declaration or Remonstrance as the designe to bring into this Nation Forreign Forces under the command of Dolbeir And Burlemack was called into the House who confessed he received thirty thousand pound by Privy seal for the buying of Horses that one thousand of them are levied that those Horse and their Riders are to come over and Armes are provided for them in Holland but he â—eares a Countermand is gone to stay them The Privy Seal is in these Words CHarles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Treasurer and under Treasurer for our Exchequer for the time being Greeting We do hereby will and command you out of our Treasury remaining in the receipt of our said Exchequer forthwith to pay or cause to be paid unto Philip Burlemack of London Merchant the summe of thirty thousand pounds to be paid by him over by Bill of Exchange into the Low-Countreys and Germany unto our Trusty and
Circumstance must be dispensed with rather then the Substance be lost and hazarded And herein our will and pleasure is that You or as many of You from time to time as can be spared from attemdance upon Our Person or other our necessary Services doe use all diligence by your frequent meetings and serious considerations And when ye have brought any thing to maturity ye make report thereof unto us for the advancement of this greatt service which with the greatest affection we can we recommend to your best care and judgement whereof ye must not fail as ye tender Our honour and safety of our Dominions and People And for the doing hereof these Presents shall be to you and every of you a sufficient warrant and discharge in that behalâ— In witness whereof we have caused these Our Letters to be made Letters Patents Witness Our self at VVestminster the last day of February in the third year of Our Reign Per ipsum Regem Sir Edward Cook observed some circumstances in the Commission FIrst it was after the Summons to the Parliament Sure some thought the Parliament should not be 2. There is a Pudor in it it was kept secret some great Lords never knew it 3. The end of it was Excises for they are Impositions and to be sure he would have the word otherwise wherefore his advice was to go up to the Lords and desire a Conference to complain of the Commission and desire it may be Cancelled and if there be any inrolment of it to cancel that also and that the Projector may be found out and punished Hereupon there ensued a Conference with the Lords which was thus managed by Sir Edward Cook My Lords The subject of this Conference is a Commission therefore we shall desire your Lordships to hear it read which was done accordingly That which I shall deliver is certain Observations out of the Patent First The Persons to whom it is directed 2. The Authority that is committed 3. The great penalty laid on them if they do it not 4. The Time 1. The Persons to whom it is directed are twenty three Lords and other of his Majesties Councel 2. The Authority commmitted unto them is to consider how Money may be Leavied by Impositions or otherwise It is true it is but a Power to Leavy Money by Imposition We doe not find any thing raised that is left to your Lordships but a Commission to leavy money by Imposition or otherwise give us leave to fear that Excise and what ever is comprehended in it was intended Sure I am it is against the Law it is a very high breach of your Lordships and our the poor Commons Liberties and yet this being ill in it self may produce a happy effect the King and both Houses have given a Judgment the greatest that ever was against this in the Petition of Right and when this Judgment is given see how Gods goodness hath brought it to pass that this Patent shall be part of Execution of that Judgement to dam it for the punishment I do utterly dislike that clause as you tender the Kings Honour That that must come to a thing of this nature and it is strange to me I cannot dive into it I leave it to your Lordships for the time It came out seven days after the Summons of Parliament all knew the Parliament would descry this but I hope it will now turn to good I will not say it was kept secret That which I am to demand of your Lordships first is that as we haveing considered of this Commission finding it ex diametro against the late Judgment in the Petition of Right have condemned it So your Lordships would concurre with us as hitherto ye have done 2. Thâ—t this Commission as a thing against Law may be cancelled 3. That if it be inrolled a Vote may be made of it and if not that Order be taken that it be not inrolled 4. That the warrant may be damned and destroyed 5. That it would please your Lordships in your wisdoms to take into consideration who is the Projector of this device and if he could be found out that some exemplary punishment may be according to justice inflicted on him The Lords accepted the motion and promised to present the same to his Majesty This done the House of Commons Voted that the Commission the not guarding the narrow Seas the decay of Trade and other particulars be inserted in the Remonstrance THe House having well nigh finished the several particulars of grievances of most moment resumeth the former motion to declare who was the cause of all those evils which in a Committee of the whole House was mentioned before The Debate was as hot as ever and the crimes so frequently objected against the Duke were brought in afresh as if they had never been proposed in the House One made a distinction that the Duke was The cause of some and A. cause of other grievances For the first he instanced in the disaster of the Armies the decay of Ports Trade Ships and Mariners For the second he instanced in Religion First his Mother was a Recusant and a fosterer of Recusants Secondly Papists have honour in his own employments and Papists Captains are placed by him And as for Arminians York House is a place of consultation for Mountague and others from whence is like to follow Innovation in Government Another in pursuit of the Argument that Papists were imployed by the Duke named Dalbeer as the man who betrayed our men at the Isle of Ree where all was carried by the advice of private men and some ill affected in Religion and in assault before they came away 500. men were lost and in the Retreat Dalbeer was to make a Bridge which did so intangle them as they could make no defence and all contrary to the advice of the rest of the Commanders Sir Robert Philips was of opinion to have the Declaration run thus We conceive the greatness and power of the Duke of Buckingham is the chief cause of all these evils We are not in a way of Charge but of a Remonstrance Sir Iohn Elliot Sir Edward Cook and Mr. Selden were positively to name the Duke as the cause of our evils for so said they he had been already declared in the last Parliament since when the causes are multiplied and he hath deserved nothing better of the Common-wealth In this Debate there wanted not Mediators which did desire the House for their own ends and happiness to be sparing in that kind Sir Humphrey May put them again in mind of the Kings desire that all personal aspersions might be forborn that his Majesty will take it as an argument of their moderation and judgment if they forbear in this Sir Henry Martin advised that the Remonstrance be so framed as to make it passable to his Majesties judgment and affection Let him be perswaded that it comes from a publick sence and not from private
Religion the precedency of Tunnage and poundage And in the Commitee Mr. Pymme spake as followeth TWo diseases there be said he the one old the other new the old Popery the new Arminianism there be three things to be inquired after concerning Popery 1. The cessation of the Execution of Laws against Papists 2. How the Papists have been imployed and countenanced 3. The Law violated in bringing in of superstitious ceremonies amongst us especially at Durham by Mr. Cozens as Angels Crucifixes Saints Altars Candles on Candlemas day burnt in the Church after the Popish manner For Arminianisme let it be advised 1. That a way be open for the truth 2. That whereas by the Articles set forth 1562. and by the Catechism set forth in King Edward the sixths days and by the writing of Martin Bucer and Peter Martyr who were employed in making our Articles and by the constant professions sealed by the blood of so many Martyrs as Cranmer Ridley and others and by the 36. Articles in Queen Elizabeths time and by the Articles agreed upon at Lambeth as the Doctrine of the Church of England which King Iames sent to Dort and to Ireland and were avowed by us and our State his Majesty hath expressed himself in preserving unity in Religion established though his royal intention notwithstanding hath been perverted by some to suppresse the truth Let us shew wherein these late opinions are contrary to those setled truths and what men have been since preferred that have professed these Heresies what pardons they have had for false doctrine what prohibiting of Books and writings against their doctrine and permitting of such books as have been for them Let us inquire after the Abettors Let us enquire also after the pardons granted of late to some of these and the presumption of some that dare preach the contrary to truth before his Majesty It belongs to the duty of Parliament to establish true Religion and to punish false we must know what Parliaments have done formerly in Religion Our Parliaments have confirmed general Councels In the time of King Henry 8. the Earl of Essex was condemned for countenancing books of Heresie For the convocation it is but a Provincial Sinod of Canturbury and cannot bind the whole Kingdom As for York that is distant and cannot do any thing to bind us or the Laws For the High-Commission it was derived from Parliament Wednesday 28. Secretary Cook delivered another message to the House concerning the precedency of Tunnage and Poundage declaring that his Majesty intends not thereby to interrupt them as to Religion so that they do not intrench on that which belongs not to them which message was seconded by Sir Thomas Edmonds in these words I am sorry the House hath given cause to so many messages about Tunnage and Poundage after his Majesty hath given us so much satisfaction you may perceive his Majesty is sensible of the neglect of his businesse we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you You your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his fathers time and since what inlargement he hath made of our Liberties and still we give him cause to repent him of the good he hath done Consider how dangerous it is to alienate his Majesties heart from Parliaments Master Corriton replied WHen men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean And I see not how we do neglect the same I see it is in all our hearts to expedite the Bill of Tunnage and Poundage in due time our businesse is still put back by these Messages and the businesse in hand is of God and his Majesties affairs are certainly amisse and every one sees it and woe be to us if we present them not to his Majesty The House resolved to send an answer to the King that these messages are inconvenient and breed debates and losse of time and did further resolve that Tunnage and Poundage arising naturally from this House they would in fit time take such a course therein as they hoped would be to his Majesties satisfaction and honour and so again agreed to proceed at present in matters of Religion Sir Iohn Eliot upon this occasion spake to this purpose I have always observed said he that in the proceedings of this House our best advantage is order and I was very glad when that noble Gentleman my Country-man gave occasion to state our proceedings for I fear it would have carried us into a Sea of confusion and disorder and having now occasion to present my thoughts in this great and weighty businesse of Religion I shall be bold to speak a few words There is a jealousie conceived as if we meant to dispute in matters of faith it is our profession this is not to be disputed it is not in the Parliament to make a new Religion nor I hope shall it be in any to alter the body of the truth which we now professe I must confess amongst all those fears we have contracted there ariseth to me not one of the least dangers in the Declaration that is made and publisht in his Majesties name concerning disputing and preaching let not this my saying bear the least suspition or jealousie of his Majesty for if there be any misprision or Error I hope it is those Ministers about him which not only he but all Princes are subject unto and Princes no doubt are subject to mis-informations and many actions may be intitled to their Names when it is not done by themselves Antiochus King of Asia sent his Letters and missives to several Provinces that if they received any dispatches in his name not agreeable to justice Ignoto se litteras esse scriptas ideoque iis non parerent and the reason of it is given by Gratian because that oftentimes by the importunity of Ministers Principes saepe constringuntur ut non concedenda concedant are drawn to grant things by them not to be granted and as it was in that age so it may be in this And now to the particular in the Declaration we see what is said of Popery and Arminianism our Faith and Religion is in danger by it for like an Inundation it doth break in at once upon us It is said if there be any difference in Opinion concerning the seasonable interpretation of the 39. Articles the Bishops and the Clergy in the Convocation have power to dispute it and to order which way they please and for ought I know Popery and Arminianism may be introduced by them and then it must be received by all a slight thing that the power of Religion should be left to the persons of these men I honour their profession there are among our Bishops such as are fit to be made examples for
commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up sedition against Us for which you are to detain him in your custody and to keep him close prisoner until Our pleasure be further known concerning his deliverance Given at Greenwich the 7 of May 1629. in the 5 yeer of Our Reign The direction being To the Marshal of Our Bench for the time being hae sunt causae captionis detentionis praedicti Gulielmi Stroud And upon another Habeas Corpus to the Marshal of the Houshold to have the Body of Walter Long Esq in Court it was returned according as the Return of Mr. Stroud was Mr. Ask of the Inner-Temple of Counsel for Mr. Stroud and Mr. Mason of Lincolns-Inn of Counsel for Mr. Long argued against the insufficiency of the Return which with the Arguments of the Kings Counsel we here forbear to mention lest it be too great a diversion to the Reader from the Historical part yet those and other Arguments we have nevertheless postponed at the end of this first Volume for the benefit of the Students of the Law which course as to Arguments in Law wherein the Prerogative of the one hand and Liberty and Propertie of the other hand are concerned we purpose to observe in our next and other Volumes as matter of that nature falls out in series of Time The seventh of May an Information was exâ—ibited in the Star-Chamber which because it is a remarkable Proceeding we give you here at large Iovis Septimo die Maii Anno Quinto Ca. R. To the Kings most excellent Majesty HUmbly sheweth and informeth unto Your most excellent Majesty Sir Robert Heath Knight Your Majesties Attorney General for and on Your Majesties behalf That whereas by the Ancient and Fundamental Laws of this Kingdom the high Court of Parliament consisteth of the Lords Spiritual and Temporal in the Lords House and of the Knights Citizens and Burgesses in the Commons House of Parliament and those two Houses thus composed do together make up that great and honourable Body whereof Your most excellent Majesty as the supreme Soveraign is the head and whereas the Power of summoning and assembling of Parliaments and of continuing proroguing adjourning and dissolving thereof within this Realm at Your good pleasure is the undoubted Right of your Majesty and the Liberty and Freedom of Speech which the Members of the said Houses of Parliament have according to the Priviledges of those several Houses to debate consult and determine of those things which are propounded amongst them is and ever hath been and ought to be limited and regulated within the bounds of Moderation and Modesty and of that Duty which Subjects owe to their Soveraign and whereas Your Majesty for many weighty Causes and for the general Good and Defence of the Church and State of this Your Kingdom lately summoned a Parliament to be holden at Your City of Westminster the seventeenth day of March in the third year of Your Majesties Reign which continued from thence by prorogation until the twentieth day of Ianuary last from which day until the twenty fifth day of February following the said Houses continued sitting And although the great part of the House of Commons being zealous of the Common Good did endeavour to have effected those good things for which they were called thither yet between the said twentieth day of Ianuary and the said twenty fifth day of February by the malevolent Disposition of some ill-affected Members of the said House sundry Diversions and Interruptions were there made and many Jealousies there unjustly raised and nourished to the disturbance of those orderly and Parliament proceedings which ought to have been in so grave a Council During which time of the said last meeting in Parliament as aforesaid so it is may it please your most excellent Majesty that Sir Iohn Elliot Knight then and all the time of the said Parliament being one of the Members of the said Commons House wickedly and malitiously intending under a feigned Colour and Pretence of debating the necessary Affairs of the present estate to lay a scandal and unjust Aspersion upon the right honorable the Lords and others of your Majesties most honourable Privy-Council and upon the reverend Judges and your Counsel learned and as much as in him lay to bring them into the hatred and ill opinion of the people after the said twentieth day of Ianuary and before the said twenty fifth day of February last did openly and publickly in the said House of Commons falsly and malitiously affirm That your Majesties Privy-Council all your Judges and your Counsel learned had conspired together to trample under their feet the Liberties of the said Subjects of this Realm and the priviledges of that House And further so it is may it please your most excellent Majesty that when your Majesty upon the twenty fifth day of February had by Sir Iohn Finch Knight then Speaker of the said house of Commons signified your Royal pleasure to the said house that the said house of Commons should be instantly adjourned until the second day of March then following he the said Sir Iohn Elliot and Denzil Holles Esquire Benjamin Valantine Gent. Walter Longe Esquire William Corriton Esquire William Strode Esquire Iohn Selden Esquire Sir Miles Hobert and Sir Peter Hayman Knights all Members at that time of the said Commons house conceiving with themselves that your Majesty being justly provoked thereto would speedily dissolve that Parliament They the said Sir Iohn Elliot Denzil Holles Benjamin Valentine Walter Longe William Corriton William Strode Iohn Selden Sir Miles Hobert and Sir Peter Hayman and every of them by unlawful Confederacie and Combination between them in that behalf before had did malitiously resolve agree and conspire how and by what means before that Parliament should be dissolved they might raise such false and scandalous rumours against your Majesties Government and your Counsellours of Estate attending your person that thereby as much as in them lyeth they might disturb the happy Government of this Kingdom by and under your Majesty interrupt the course of traffique and trade discourage your Merchants and raise Jealousies and Suspitions in the hearts of your people that the Sincerity of the true Religion professed and established in this Kingdom was neglected and in pursuance of this their Resolution and Confidence aforesaid the said Sir Iohn Elliot with the privitie and consent of the said Denzil Holles and all other the said confederates did prepare a paper or writing wherein he had written or caused to be written divers false and scandalous Assertions touching your Majesties Government and touching the persons of divers of your Privy-Council which he and they resolved and conspired and agreed should be delivered into the said house of Commons and there publickly read to the wicked and seditious intents and purposes aforesaid and not with any purpose or opinion that those things that were therein contained if
unto the said Information the benefit whereof was by order of the Court reserved unto the Defendant to be debated and considered of at the hearing of this cause and of divers other matters now urged for the Defendant both to have justified his the said Defendants attendance in Parliament and his not residence in person in the County whereof he was then Sheriff and amongst other things that it properly belonged to the house of Parliament to judge of the justness or unjustness of the said Election and upon grave and mature consideration thereof had and taken by the Court their Lordships did not onely conceive the said Demurrer and Plea and other the Arguments and Reasons used by the Defendant and his Council to be of no weight or strength but also to be in opposition and derogation of the Jurisdiction of the Court the reasons moved and urged for the Defendants excuse or justification being clearly answered and the charges of the Information made good by Mr. Atturney General and others of his Majesties Counsel learned And therefore the whole Court were clear of opinion and did so declare That the said Defendant who at that time as high Sheriff had the custody and charge of the County of Wilts committed unto him by his Majesty and had taken his Oath according to the Law to abide in his proper person within his Bayliffwick during all the time of his Sheriffwick as aforesaid and whose trust and imployment did require his personal attendance in the said Countie had not onely committed a great offence in violating the said Oath so by him taken but also a great misdemeanor in breach of the trust committed unto him by his Majesty and in contempt of his Majesties pleasure signified unto him by and under his Highness great Seal when he granted unto him the said Office of Sheriffwick aforesaid For which said several great Offences in breach of his said Oath neglect of the trust and duty of his Office and the great and high contempt of his Majesty their Lordships did hold the said Defendant worthy the sentence of the Court the rather to the end that by this example the Sheriffs of all other Counties may be deterred from committing the like offences hereafter and may take notice that their personal residence and attendance is required within their Bayliffwicks during the time of their Sheriffwick The Court therefore thought fit ordered adjudged and decreed That the said Defendant should stand and be committed to the prison of the Tower there to remain during his Majesties pleasure and also pay a Fine of two thousand Marks to his Majesties use and further make his humble submission and acknowledgement of his offence both in the Court of Star-Chamber and to his Majesty before his thence enlargment The same Term Mr. Mason argued in the kings Bench for Sir Iohn Elliot against the Information preferred against him amongst others by Sir Robert Heath the kings Atturney General and the same day the Atturney General argued in maintenance of the said Information the Judges also the same day spake briefly to the Case and agreed with one Voyce That the Court as this Case is shall have Jurisdiction although that these offences were committed in Parliament and that the imprisoned Members ought to answer Iones began and said That though this Question be now newly moved yet it is an ancient Question with him for it had been in his thoughts these eighteen yeers For this Information there are three Questions in it 1. Whether the matters informed be true or false and this ought to be determined by Iury or Demurrer 2. When the matters of the Information are found or confessed to be true if the Information be good in substance 3. Admit that the offences are truly charged if this Court hath power to punish them and that is the sole Question of this day And it seems to me that of these offences although committed in Parliament this Court shall have jurisdiction to punish them The Plea of the Defendents here to the jurisdiction being concluded with a Demurrer is not peremptory unto them although it be adjudged against them but if the Plea be pleaded to the jurisdiction which is found against the Defendant by verdict this is peremptory In the discussion of this point I decline these Questions 1. If the matter be voted in Parliament when it is finished it can be punished and examined in another Court 2. If the matter be commenced in Parliament and that ended if afterward it may be Questioned in another Court I question not these Matters but I hold That an Offence committed criminally in Parliament may be questioned elsewhere as in this Court and that for these Reasons First Quia interest Reipublicae ut malesicia non maneant impunita and there ought to be a fresh punishment of them Parliaments are called at the Kings pleasure and the King is not compellible to call his Parliament and if before the next Parliament the party offending or the witnesses die then there will be a â—ayler of Justice Secondly The Parliament is no constant Court every Parliament mostly consists of several men and by consequence they cannot take notice of matters done in the foregoing Parliament and there they do not examine by oath unless it be in Chancery as it is used of late time Thirdly The Parliament cannot send Process to make the offenders to appear at the next Parliament and being at large if they hear a noise of a Parliament they will fugam facere and so prevent their punishment Fourthly Put the case that one of the Defendants be made a Baron of Parliament now he cannot be punished in the House of Commons and so he shall be unpunished It hath been objected That the Parliament is the Superior Court to this therefore this Court cannot examine their proceedings To this I say That this Court of the Kings Bench is a higher Court then the Justices of Oyer and Terminer or the Justices of Assize But if an offence be done where the Kings Bench is after it is removed this offence may be examined by the Justices of Oyer and Terminer or by the Justices of Assize We cannot Question the Judgments of Parliaments but their particular offences 2. Obj. It is a Priviledge of Parliament whereof we are not competent Iudges To this I say That Privilegium est privata lex privat legem And this ought to be by grant prescription in Parliament and then it ought to be pleaded for the manner as is 33 Hen. 8 Dy. as it is not here pleaded Also we are Judges of all Acts of Parliament as 4 Hen. 7. Ordinance made by the King and Commons is not good and we are Judges what shall be said a Session of Parliament as it is in Plowden in Patridges Case We are Judges of their lives and lands therefore of their Liberties And 8 Eliz. which was cited by Mr. Atturney it was the opinion of Dyer Oatlyn Welsh Brown
of the opinion of Mr. Atturney General that the word proditore would have made this Treason And for the other matters he agreed with the Judges Therefore by the Court the Defendants were ruled to plead further and Mr. Lenthal of Lincolns-Inn was assigned of Counsel for them Inasmuch as the Defendants would not put in other Plea the last day of the Term judgment was given against them upon a nihil dicit which judgment was pronounced by Iones to this effect The matter of the Information now by the confession of the Defendants is admitted to be true and we think their Plea to the jurisdiction insufficient for the matter and manner of it And we hereby will not draw the true Liberties of Parliament-men into Question to wit for such matters which they do or speak in Parliamentary manner But in this case there was a conspiracy between the Defendants to slander the State and to raise sedition and discord between the King his Peers and People and this was not a Parliamentary course All the Iudges of England except one have Resolved the Statute of 4 Hen. 8. to be a private Act and to extend to Strood only But every Member of the Parliament shall have such Priviledges as are there mentioned but they have no Priviledge to speak at their pleasure The Parliament is an high Court therefore it ought not to be disorderly but ought to give good example to other Courts If a Judg of our Court shall rayl upon the State or Clergy he is punishable for it A Member of the Parliament may charge any great Officer of the State with any particular offence but this was a malevolous accusation in the generality of all the Officers of State therefore the matter contained within the Information is a great offence and punishable in this Court 2. For the punishment although the offence be great yet that shall be with a light hand and shall be in this manner 1. That every of the Defendants shall be imprisoned during the Kings pleasure Sir John Elliot to be imprisoned in the Tower of London and the other Defendants in other Prisons 2. That none of them shall be delivered out of Prison until he give security in this Court for his good behaviour and have made submission and acknowledgment of his offence 3. Sir John Elliot inasmuch as we think him the greatest offender and the ringleader shall pay a fine to the King of 2000 l. and Mr. Holles a fine of 1000 marks and Mr. Valentine because he is of less ability then the rest shall pay a fine of 500 l. And to all this all the other Justices with one voice accorded FINIS APPENDIX His Majesties Declaration to all his Loving Subjects of the Causes which moved him to dissolve the last Parliament March 10. 1628. HOwsoever Princes are not bound to give accompt of their Actions but to God alone yet for the satisfaction of the minds and affections of Our Loving Subjects We have thought good to set down thus much by way of Declaration that We may appeare to the world in the truth and sincerity of Our Actions and not in those Colours in which We know some turbulent and ill-affected spirits to masque and disguise their wicked intentions dangerous to the State would represent Us to the publick view We assembled our Parliament the 17th day of March in the third yeer of Our Reigne for the safety of Religion for securing Our Kingdoms and Subjects at home and Our friends and Allies abroad And therefore at the first sitting down of it We declared the miserable afflicted estate of those of the reformed Religion in Germany France and other parts of Christendome the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that Party which was united against Us That besides the Pope and the house of Austria and their antient confederates the French King professed the rooting out of the Protestant Religion That of the Princes and States on Our party some were over-run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessity of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readinesse they agreed to grant a liberall aid But before it was brought to any perfection they were diverted by a multitude of Questions raised amongst them touching their Liberties and Priviledges and by other long disputes that the Bill did not passe in a long time and by that delay Our affairs were put into a far worse case then at the first Our Foraigne Actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardnesse We attribute it that it was Propounded and Resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causlesse jealousies stirred up by men of another temper did much lessen both the reputation and reality of that Supply And their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not onely of Our great occasâ—ons but of the presidents of former Subsidies and of the intentions of all well-affected men in that House In those large Disputes as We permitted many of Our high prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We did endeavour to have shortned those debates for winning of time which would have much advantaged Our great affairs both at home and abroad And therefore both by speeches and messages We did often declare Our gratious and clear resolution to maintain not onely the Parliament but all our People in their antient and just liberties without either violation or diminution and in the end for their full satisfaction and security did by an Answer framed in the form by themselves desired to their Parliamentary Petition confirm their antient and just Liberties and Rights which We resolve with all constancy and justice to maintain This Parliament howsoever besides the setling Our necessary supply and their own liberties they wasted much time in such proceedings blasting Our Government as We are unwilling to remember yet We suffered them to sit untill themselves desired Us to appoint a time for their Recesse not naming either Adjournment or Prorogation Whereupon by advice of Our Councill We resolved to prorogue and make a Session and to that end prefixed a day by which they might as was meet in so long a Sitting finish some profitable and good Lawes and withall gave order for a gratious Pardon to all Our Subjects which according to the use
of former Parliaments passed the Higher House and was sent down to the Commons All which being gratiously intended by Us was ill-entertained by some disaffected persons of that House who by their artifices in a short time raised so much heat and distemper in the House for no other visible cause but because We had declared Our resolution to Prorogue as Our Councill advised and not to Adjourn as some of that House after Our resolution declared and not before did manifest themselves to affect that seldome hath greater passion been seen in that House upon the greatest occasions And some glances in the House but upon open rumors abroad were spread That by the Answer to the Petition We had given away not onely Our Impositions upon Goods exported and imported but the Tunnage and Poundage whereas in the debate and hammering of that Petition there was no speech or mention in either House concerning those Impositions but concerning Taxes and other charges within the Land much lesse was there any thought thereby to debar Us of Tunnage and Poundage which both before and after the Answer to that Petition the House of Commons in all their speeches and treaties did professe they were willing to grant And at the same time many other misinterpretations were raised of that Petition and Answer by men not well distinguishing between well ordered liberty and licentiousness as if by Our Answer to that Petition We had let loose the reynes of Our Government And in this distemper the House of Commons laying aside the Pardon a thing never done in any former Parliament and other businesse fit to have been concluded that Session some of them went about to frame and contrive a Remonstrance against Our receiving of Tunnage and Poundage which was so far proceeded in the night before the prefixed time for concluding the Session and so hastned by the contrivers thereof that they meant to have put it to the Vote of the House the next morning before We should prorogue the Session And therefore finding Our gratious favours in that Session afforded to Our people so ill requited and such sinister straines made upon Our Answer to that Petition to the diminution of Our profit and which was more to the danger of Our Government We resolved to prevent the finishing of that Remonstrance and other dangerous intentions of some ill-affected persons by ending the Session the next morning some few hours sooner then was expected and by Our Own Mouth to declare to both Houses the cause thereof and for hindring the spreading of those sinister interpretations of that Petition and Answer to give some necessary directions for setling and quieting Our Government untill another Meeting which we performed accordingly the six and twentieth of Iune last The Session thus ended and the Parliament risen that intended Remonstrance gave Us occasion to look into the businesse of Tunnage and Poundage And therefore though Our necessities pleaded strongly for Us yet We were not apt to strain that point too far but resolved to guide Our Self by the practise of former Ages and examples of Our most noble Predecessors thinking those counsels best warranted which the wisdom of former Ages concurring with the present occasions did approve and therefore gave order for a diligent search of Records upon which it was found That although in the Parliament holden in the first yeer of the reigne of King Edward the fourth the Subsidy of Tunnage and Poundage was not granted unto that King but was first granted unto him by Parliament in the third yeer of his Reigne yet the same was accounted and answered to that King from the first day of his Reigne all the first and second yeers of his Reigne and untill it was granted by Parliament And that in the succeeding times of King Richard the Third King Henry the Seventh King Henry the Eighth King Edward the Sixth Queen Mary and Queen Elizabeth the Subsidy of Tunnage and Poundage was not onely enjoyed by every of those Kings and Queens from the death of each of them deceasing untill it was granted by Parliament unto the Successor but in all those times being for the most part peacable and not burdened with like charges and necessities as these modern times the Parliament did most readily and cheerfully in the beginning of every of those Reignes grant the same as a thing most necessary for the guarding of the Seas safety and defence of the Realm and supportation of the Royall Dignity And in the time of our Royall Father of blessed memory he enjoyed the same a full yeer wanting very few daies before his Parliament began and above a yeer before the Act of Parliament for the grant of it was passed And yet when the Parliament was assembled it was granted without difficulty And in Our Own time We quietly received the same three years and more expecting with patience in severall Parliaments the like grant thereof as had been made to so many of Our Predecessors the House of Commons still professing That multitude of other businesses and not want of willingnesse on their part had caused the setling thereof to be so long deferred And therefore finding so much reason and necessity for the receiving of the ordinary Duties in the Custom-house to concur with the practice of such a succession of Kings and Queens famous for Wisdom Justice and Government and nothing to the contrary but that intended Remonstrance hatched out of the passionate brains of a few particular persons We thought it was so far from the wisdom and duty of a House of Parliament as We could not think that any moderate and discreet man upon composed thoughts setting aside passion and distemper could be against receiving of Tunnage and Poundage especially since We do and still must pursue those ends and undergo that charge for which it vvas first granted to the Crovvn It having been so long and constantly continued to Our Predecessors as that in four severall Acts of Parliament for the granting thereof to King Edward the Sixth Queen Mary Queen Elizabeth and Our blessed Father It is in expresse tearms mentioned to have been had and enjoyed by the severall Kings named in those Acts time out of minde by authority of Parliament And therefore upon these reasons We held it agreeable to Our Kingly Honour and necessary for the safety and good of Our Kingdom to continue the Receipt thereof as so many of Our Predecessors had done Wherefore when a few Merchants being at first but one or two fomented as it is well known by those evill spirits that would have hatched that undutifull Remonstrance began to oppose the payment of Our accustomed Duties in the Custom-house We gave order to the Officers of Our Customs to go on notwithstanding that opposition in the receiving of the usuall Duties and caused those that refused to be warned to attend at the Councill-board that by the wisdom and authority of Our Councill they might be reduced to obedience and duty where
Counsellors said We had wicked Counsell and another said that the Councill and Judges sought to trample under feet the liberty of the Subject and a third traduced Our Court of Star-Chamber for the Sentence given against Savage they passed without check or censure by the House By which may appear how far the Members of that House have of late swollen beyond the rules of moderation and the modesty of former times and this under pretence of priviledge and freedom of speech whereby they take liberty to declare against all authority of Councill and Courts at their pleasure They sent for Our Sheriff of London to examine him in a cause whereof they had no jurisdiction their true and antient jurisdiction extending onely to their own Members and to the conservation of their priviledges and not to the censure of forrain persons and causes which have no relation to their priviledges the same being but a late innovation And yet upon an enforced strain of a Contempt for not answering to their satisfaction they commit him to the Tower of London using that outward pretext for a cause of committing him the true and inward cause being for that he had shewed himself dutifull to Us and Our commandements in the matter concerning Our Customs In these innovations which We will never permit again they pretended indeed Our service but their drift was to break by this means through all respects and ligaments of Government and to erect an universall over-swaying power to themselves which belongs onely to Us and not to them Lastly in their proceedings against Our Customers they went about to censure them as Delinquents and to punish them for staying some goods of some factious Merchants in Our Store-house for not paying those Duties which themselves had forâ—erly paid and which the Customers without interruption had received of all other Merchants many years before and to which they were authorised both by Our great Seal and by severall directions and commandements from Us and Our Privy Councill To give some colour to their proceedings herein they went about to create a new priviledge which We will never admit That a Parliament-man hath priviledge for his goods against the King the consequence whereof would be That he may not be constrained to pay any Duties to the King during the time of priviledge of Parliament It is true they would have this case to have been between the Merchants and Our Farmers of Our Customs and have severed them from Our interest and commandment thereby the rather to make them lyable to the censure and punishment of that House But on the other side We holding it both unjust and dishonorable to with-draw Our self from Our Officers in any thing they did by Our commandement or to disavow any thing that we had enjoyned to be done upon Munday the 23d of February sent a message unto them by Secretary Cook thanking them for the respect they had shewed in severing the interest of Our Farmers from Our Own interest and commandment Neverthelesse We were bound in honour to acknowledge a truth that what was done by them was done by our expresse commandement and direction and if for doing thereof Our Farmers should suffer it would highly concern Us in honour Which message was no sooner delivered unto them but in a tumultuous and discontented manner they called Adjourn Adjourn and thereupon without any cause given on Our part in a very unusuall manner adjourned untill the Wednesday following On which day by the uniform wisdom of Our Privy Council We caused both Houses to be adjourned until the second day of March hoping that in the mean time a better and more right understanding might bee begotten between Us and the Members of that House whereby the Parliament might come to a happy Issue But understanding by good advertisment that their discontent did not in that time digest and passe away We resolved to make a second adjournment untill the tenth of March which was done as well to take time to Our Self to think of some means to accommodate those difficulties as to give them time to advise better and accordingly We gave commandment for a second adjournment in both Houses and for cessation of all businesse till the day appointed which was very dutifully obeyed in the Higher House no man contradicting or questioning it But when the same commandment was delivered in the House of Commons by their Speaker it was streight-waies contradicted and although the Speaker declared unto them it was an absolute right and power in Us to adjourn as well as to prorogue or dissolve and declared and readd unto them divers presidents of that House to warrant the same yet Our commandment was most contemptuously disobeyed and some rising up to speak said They had businesse to do before the House should be adjourned Whilst the Duke of Buckingham lived he was intituled to all the distempers and ill events of former Parliaments and therefore much endeavour was used to demolish him as the onely wall of separation between Us and Our people But now he is dead no alteration was found amongst those envenomed spirits which troubled then the blessed harmony between Us and Our Subjects and continue still to trouble it For now under the pretence of publick care of the Common-wealth they suggest new and causlesse fears which in their own hearts they know to be false and devise new Engines of mischief so to cast a blindnesse upon the good affections of Our people that they may not see the truth and largenesse of Our heart towards them So that now it is manifest the Duke was not alone the mark these men shot at but was onely as a near minister of Ours taken up on the By and in their passage to their more secret designes which were onely to cast Our Affairs into a desperate condition to abate the powers of Our Crown and to bring Our Government into obloquy that in the end all things may be over-whelmed with Anarchy and Confusion We do not impute these dysasters to the whole House of Commons knowing that there were amongst them many religious grave and well-minded men but the sincerer and better part of the House was over-born by the practises and clamours of the other who carelesse of their duties and taking advantage of the times and Our necessities have enforced Us to break off this Meeting which had it been answered with like duty on their parts as it was invited and begun with love on Ours might have proved happy and glorious both to Us and this whole Nation We have thus declared the manifold causes We had to dissolve this Parliament whereby all the world may see how much they have forgotten their former engagements at the entry into the War themselves being perswaders to it promising to make Us feared by Our enemies and esteemed by Our friends And how they turned the Necessities grown by that War to enforce us to yield to Conditions incompatible with Monarchy And now that
whence he came and whither to go And that the Gates of each City be shut all night and keyes kept by the Mayor or Governour 5. Also Inn-keepers to deliver the names of all unknown passengers that lodge in their houses and if they stay suspitiously at any time to present them to the Governour whereby dangerous persons seeing these strict courses will be more wary of their actions and thereby mischievous attempts will be prevented All which being referred to your Majestie 's wise consideration it is meet for me withall to give you some satisfaction of the charge and time to perform what is purposed that you may not be discouraged in the difficulty of the one or prolongation of the other both which doubts are resolved in one and the same reason in respect that in England each chief Town commonly hath a ruinated Castle well seated for strength whose foundation and stones remaining may be both quickly repaired for this use and with little charge and industry made strong enough I hope for this purpose within the space of one year by adding withall Bulwarks and Rampiers for the Ordnance according to the rules of Fortification The Ordnance for these Forts may be of Iron not to disfurnish your Majestie 's Navy or be at a greater charge then is needfull To maintain yearly the Fort I make account in ordinary pay three thousand men will be sufficient and will require forty thousand pound charge per Annum or thereabouts being an expence that inferiour Princes undergo for their necessary safety All which prevention added to the invincible Sea-force your Majesty hath already and may have will make you the most powerfull and obeyed King of the world Which I could likewise confirm by many examples but I omit them for brevity and not to confuse your Majesty with too much matter Your Majesty may find by the scope of this discourse the means shewed in generall to bridle your Subjects that may be either discontent or obstinate So likewise am I to conclude the same intent particularly against the perversnesse of your Parliament as well to suppresse that pernitious humour as to avoid their oppositions against your profit being the second part to be discoursed on and therefore have first thought fit for better prevention thereof to make known to your Majesty the purpose of a generall Oath your Subjects may take for sure avoiding of all rubs that may hinder the conclusion of these businesses It is further meant that no subject upon pain of high Treason may refuse the same Oath containing onely matter of Allegiance and not scruples in points of Conscience that may give pretence not be denyed The effect of the Oath is this That all your Majestie 's Subjects do acknowledge you to be as absolute a King and Monarch within your Dominions as is amongst the Christian Princes and your Prerogative as great whereby you may and shall of your self by your Majestie 's Proclamation as well as other Soveraign Princes doing the like either make Lawes or reverse any made with any other Act so great a Monarch as your self may do and that without further consent of a Parliament or need to call them at all in such cases considering that the Parliament in all matters excepting causes to be sentenced as the highest Court ought to be subject unto your Majestie 's will to give the negative or affirmative conclusion and not to be constrained by their impertinencies to any inconvenience appertaining to your Majestie 's Regall Authority and this notwithstanding any bad pretence or custom to the contrary in practise which indeed were fitter to be offered a Prince elected without other right than to your Majesty born successively King of England Scotland and Ireland and your Heirs for ever and so received not onely of your Subjects but also of the whole world How necessary the dangerous supremacy of Parliament's usurpation is to be prevented The example of Lewes the Eleventh King of France doth manifest who found the like opposition as your Majesty doth and by his wisdom suppressed it And to the purpose here intended which is not to put down altogether Parliaments and their authority being in many cases very necessary and fit but to abridge them so far as they seek to derogate from your Majesties Regall authority and advancement of your greatnesse The caution in offering the afore-said Oath may require some policy for the easier passage at first either by singular or particular tractation and that so near about one time over the Land as one Government may not know what the other intendeth so it may passe the easier by having no time of combination or opposition There is another means also more certain then this to bring to passe the Oath more easily as also your profit and what else pretended which here I omit for brevity requiring a long discourse by it self and have set it down in particular instructions to inform your Majesty 2. The second part of this Discourse is touching your Majestie 's Profit after your State is secured Wherein I should observe both some reasonable content to the people as also consider the great expences that Princes have now adaies more then in times past to maintain their greatnesse and safety of their Subjects who if they have not wit or will to consider their own interest so much indifferently your Majestie 's wisdom must repair their defects and force them to it by compulsion but I hope there shall be no such cause in points so reasonable to increase your Majestie 's revenue wherein I set down divers means for your gratious Self to make choice of either all or part at your pleasure and to put it in execution by such degrees and cautions as your great wisdom shall think fit in a businesse of this nature Imprimis The first means or course intended to increase your Majestie 's revenues or profit withall is of greatest consequence and I call it a Decimation being so tearmed in Italy where in some part it is in use importing the tenth of all Subjects estates to be paid as a yeerly rent to their Prince and as well monyed men in Towns as landed men in the Countries their value and estates esteemed justly as it is to the true value though with reason and this paid yeerly in mony Which course applyed in England for your Majestie 's service may serve instead of Subsidies Fifteens and such like which in this case are fit to be released for the Subjects benefit and content in recompence of the said Decima which wil yield your Majesty more in certainly than they do Casually by five hundred thousand pounds per annum at the least Item That when your Majesty hath gotten monie into your hands by some courses to be set down it would be a profitable course to increase your Entrada to buy out all Estates and Leases upon your own Lands in such sort as they be made no
offence treason is baylable And that he is baylable here I will offer two other reasons 1 st The Return here is for sedition and there is an information in the Star-chamber against the Prisoner for seditious practises against the King and his Government I will not affirm that they are the same offence but there is some probability that they are the self-same and if they be the same offence then the sedition here intended is not treason and so the party is baylable 2 ly This Prisoner was ready at this Bar the last Term and here was a Grand-Iury at Bar the last Term and here was the Kings Counsell present who are most watchfull for the King and yet an Indictment was not preferred to them against this Prisoner Which things induce me to be of opinion that the offence here mentioned in this Return is not treason or so great as is pretended on the other side I will remember one case which perhaps may be objected and yet I think they will not object it and so conclude 11 R. 2. Parliament Roll 14. in the printed Statute c. 3. and 5. where it appears that divers questions were propounded by the King to Tresilian and Bealknap the two chief Iustices and to the other Iustices one of which questions was How they are to be punished who resisted the King in exercising his royall power c And the answer of the Iudges was una voce that they are to be punished as traitors and 21 R. 2. c. 21. this opinion was confirmed But afterwards in 1 H. 4. c. 3. and 4. and 1 H. 4. in the Parliament-Roll numb 66 67 the Iudges were questioned for their opinion in Parliament They answered That they were threatned and enforced to give this opinion and that they were in truth of the contrary opinion And Bealknap said That he acquainted and protested to the Earl of Kent aforehand that his opinion was alwaies to the contrary But the Parliament was not content with these excuses but they were all adjudged Traitors and Tresilian's end is known to all and Bealknap was banished for his Wife in 2 H. 4. brought a Writ without naming her husband because he was banished And the said Statute of 21 R. 2. was repealed Therefore upon the whole matter I conclude that the Prisoner ought to be bayled On the same day Sir Miles Hubbart and Benjamin Valentine and Densill Hollis Esquires were at Bar upon an Habeas corpus directed to the severall Prisons and their Counsell was ready at the Bar to have argued the case for them also But because the same Return was made as above they said That all of them would rely upon this Argument made by Mr. Littleton The case of the grand Habeas corpus for Mr. Selden and others was now argued by Heath the Kings Atturney Generall That this Return was good and that the parties ought not to be bayled And that within the Return there appears good cause of their commitment and of their detaining also The case is great in expectation and consequence and concerns the liberty of the Subject on the one part whereof the Argument is plausible and on the other part it concerns the safety and soveraignty of the King which is a thing of great weight The consideration of both pertaines to you the Iudges without slighting the one or too much elevating the other The Return which now is before you is entire but I will first consider it as divided in parts First The first Warrant which is that of the Lords of the Privy Councill is generall that it was by the command of the Lord the King and this in former times was held a very good Return when due respect and reverence was given to Government but Tempora mutantur And this Return is no way weakened by any latter opinion for notwithstanding that the first commitment of a man may be generall for if upon the Return the true cause should be revealed to the Gaoler by this means faults should be published and divulged before their punishment and so the complices of the fact will escape and it is not fit that the Gaoler which is but a ministeriall Officer should be acquainted with the secrets of the cause But when the cause is returned in Court more certainty is requisite for then as it hath been objected something ought to be expressed to which the party may answer and upon which the Court may ground their Iudgment And to this purpose it hath been much insisted upon the Petition of Right but the Law is not altered by it but remains as it was before And this will appear upon the view of all the parts of the Petition 1 st The occasion of the Petition and the grievance is shewed in these words Divers of your Subjects have been of late imprisoned without any cause shewed c. But in this Return there is a cause shewed to which the parties may answer Then secondly the prayer of the Petition is That no free-man in any such manner as before is mentioned be imprisoned or detained that is such manner of imprisonment the ground whereof doth not appear Then the answer of the King to the Petition was in sundry words 2 Jun. 1628. in these words The King willeth that right be done according to the Lawes and Customes of the Realm c. Which answer gave not satisfaction And afterwards his answer was in a Parliamentary-phrase Soit droit fait come est desire But afterwards on the 26 of June 1628. the King expressed his intention and meaning in the said Answer It must needs be conceived that I have granted no new but onely confirmed the antient liberties of My Subjects c. A Petition in Parliament is not a Law yet it is for the honour and dignity of the King to observe and keep it faithfully but it is the duty of the people not to stretch it beyond the words and intention of the King And no other construction can be made of the Petition then to take it as a Confirmation of the antient liberties and rights of the Subjects So that now the case remains in the same quality and degree as it was before the Petition Therefore we will now consider how the Law was taken before the Petition and for the discussing thereof we will examine the second part of the Return and in it two things 1 st if the Return as it is now made shall be intended for true 2. admit that it is true if there be any offence contained within it which is good to detain the Prisoners For the first It is clear that the cause shall be intended true which is returned though in truth it be false and so are 9 H. 6.44 and F. Corpus cum causa 2. and C. 11. Baggs case 2 ly It seems that there is such a crime contained in this Return which is a good cause for detaining the Prisoners It is true that it was confidently urged in Parliament
in tertio Caroli that generall Returns that were committed by the command of the Lord the King are not good and that those Arguments remain as Monuments on record in the Upper House of Parliament but I will not admit them for Law But I will remember what was the opinion of former times 22 H. 6.52 by Newton a man committed by the command of the King is not replevisable And the opinion cannot be intended of a Replevin made by the Sheriff because the principall case there is upon a Return in this Court 33 H. 6.28 Poyning's case where the Return was That he was committed by the Lords of the Councill and it was admitted good It is true that this opinion is grounded upon Westm. 1. cap. 15. but I will not insist upon it But the constant opinion hath alwaies been that a man committed by the command of the King is not baylable In 9 H. 6.44 it is said That if one be taken upon the Kings suit the Court will not grant a Supersedeas The contrary opinion is grounded upon Magna Charta which is a generall Law and literally hath no sense to that purpose and it is contrary to the usuall practise in criminall causes in which the imprisonment is alwaies lawfull untill the tryall although it be made by a Iustice of Peace or Constable And that a man committed by the command of the King or Privy Councill is not baylable he cited 1 Jacobi Sir Brocket's case 8 Jac. Sir Cesar's case 12. Demetrius's case 43 Rinch's case And in the case M. 36 Eliz. and 4 and 5 Thimelby's case And said that there are innumerable presidents to this purpose M. 21 and 22 Eliz. upon the return of an Habeas corpus it appears that Michael Page was committed by the command of the Lord the King but was not delivered and after was arraigned in this Court and lost his hand And at the same time Stubbs was committed by the command of the Lord the King for seditious words and rumors and he lost his hand also upon the same tryall M. 17 and 18. Eliz. Upon Habeas corpus for John Loan it was returned That he was committed for divulging sundry seditious writings and he was remanded And 7 H. 7 roll 6. Rugs case and roll 13. Chase's case where the Return was that they were committed by the command of the Lord the King and they were not delivered and this was also the opinion in this Court M. 3. Car. And after the said time the Law is not altered and so I hope neither are your opinions But to consider the particular cause mentioned in the Return I will not rely upon the first part of the words although they be of great weight but onely upon the last words for stirring up of sedition against Us But it hath been objected that Sedition is not a word known in the Law But I marvell that the signification of the word is not understood when it is joyned with the words agains Us this ought to be understood Sedition against the King in his politick capacity Sedition hath sundry acceptations according to the subject handled as it appears C. 4. Lord Cromwel's case which hath been cited If it be spoken of a man that he is seditious if it be of a company in London it shall be understood sedition in the Company if it be spoken of a Souldier it shall be taken for mutinous Mr. Littleton who argued this case very well said That Tacitus useth this word and it is true and he saies That there are two manners of Seditions Seditio armata togata and the last is more dangerous then the former But couple it with the subsequent words here against Us the interpretation and sense thereof is easie loquendum ut vulgus Mr. Littleton shewes the acceptation of this word in divers places of Scripture and I will not reject them for they make for me 20 Numb 3. the Latine is populi versi sunt in seditionem and it is Englished murmuring but clearly it was high treason against their Governour and God himselfe 26 Numb 9. in seditione Corah it is manifest that that was a great Insurrection 12 Judg. 1. Facta est ergo seditio in Ephraim The Ephramites rose against Jephta and he at the same time was their Iudge and Governour so it was the heighth of Insurrection It is true that in 15 Act. 2. Facta est seditio and in some Translations it is Orta est repughantia non parva for it may be taken in severall senses 19 Acts 40. the Town-Clerk there knew not how to answer for this daies sedition or insurrection and no doubt he was in great perill for it was a great insurrection and I wish the greater ones were as circumspect as he was 24 Act. 5. Tertullus accused Paul of sedition and doubtlesse it was conceived a great offence if you consider the time and other circumstances for they were Heathens and Romans And although he in very truth taught the Gospell of God yet he was taken for a pestilent fellow and as a perswader to shake off Government Bracton lib. 3. de Corona c. 2. rancks Sedition amongst the crimes laesae Majestatis But it hath been objected that if it be a capitall offence it ought to be felony or treason To this I say That it cannot be felony but it may be treason for any thing that appears It is true that by the statute of 25 E. 3. treasons are declared and nothing shall be said treason which is not comprised within the said Statute unlesse it be declared so by Act of Parliament But upon indictment of treason such sedition as this may be given in evidence and perhaps will prove treason And the Return is not That he was seditious which shewes onely an inclination but that he stirred up sedition which may be treason if the evidence will bear it In divers Acts of Parliament notice is taken of this word Seditio and it is alwaies coupled with Insurrection or Rebellion as appears by the Statutes of 5 R. 2. c. 6. 17 R. 2. c. 8. 2 H. 5. c. 9. 8 H. 6. c. 14. 3 4. E. 6. c. 5. 2 R. 2. c. 5. 1 and 2 Phil. Mar. c. 2. 1 Eliz. c. 7. 13 Eliz. c. 2. 23 Eliz. c. 2. 27 Eliz. c. 2. and 35 Eliz. c. 1. all which were cited before and they prove that Sedition is a word well known in the Law and of dangerous consequence and which cannot be expounded in good sense Wherefore the nature of the offence I leave it to the Court But out of these Statutes it appears that there is a narrow difference between it and treason if there be any at all 3 ly As to the Objections which have been made I will give a short answer to them 1. It was objected That every imprisonment is either for custody or punishment the last is alwaies after the judgment given for the offence and if it be but for custody the
and others was now moved by Mason to have the resolution of the Iudges and the Court with one voice said That they are now content that they shall be bailed but that they ought to find Sureties also for the good behaviour And Jones Iustice said that so it was done in the case which had been often remembered to another purpose to wit Russell's case in 9 E. 3. To which Mr. Selden answered with whom all the other Prisoners agreed in opinion That they have the Sureties ready for the bayl but not for the good behaviour and desire that the bayl might first be accepted and that they be not urged to the other Sir Robert Heath the Kings Atturney-generall exhibited Information in this Court against Sir John Eliot Knight Denzill Hollis and Benjamin Valentine Esquires the effect of which was That the King that now is for weighty causes such a day and year did summon a Parliament and to that purpose sent his Writ to the Sheriff of Cornwall to chuse two Knights by vertue whereof Sir John Eliot was chosen and returned Knight for Cornwall And that in the same manner the other Defendants were elect Burgesses of other places for the same Parliament And shewed further that Sir John Finch was chosen for one of the Citizens of Canterbury and was Speaker of the House of Commons And that the said Eliot publickly and malitiously in the House of Commons to raise sedition between the King his Nobles and People uttered these words That the Councill and Judges had all conspired to trample under-foot the Liberties of the Subjects He further shewed that the King had power to call adjourn and dissolve Parliaments And that the King for divers reasons had a purpose to have the House of Commons adjourned and gave direction to Sir Joâ—n Finch then the Speaker to move as adjournment and if it should not be obeyed that he should forthwith come from the House to the King And that the Defendants by confederacy afore-hand spake a long and continued Speech which was recited verbatim in which were divers malitious and seditious words of dangerous consequence And to the intent that they might not be prevented of uttering their premeditate speeches their intention was that the Speaker should not go out of the Chair till they had spoken them the Defendants Hollis and Valentine lay violent hands upon the Speaker to the great afrightment and disturbance of the House And the Speaker being got out of the Chair they by violence set him in the Chair again so that there was a great tumult in the House And after the said speeches pronounced by Sir John Eliot Hollis did recapitulate them And to this information the Defendants have put in a plea to the Iurisdiction of the Court because these offences are supposed to be done in Parliament and ought not to be punished in this Court or in any other but in Parliament And the Atturney-Generall moved the Court to over-rule the plea to the Iurisdiction And that he said the Court might do although he had not demurred upon the plea. But the Court would not over-rule the plea but gave day to joyne in Demurrer this Tearm And on the first day of the next Tearm the Record shall be read and within a day after shall be argued at Barre But Hyde chief Iustice said to the Counsell of the Defendants So far light we will give you This is no new question but all the Iudges of England and Barons of the Exchequer before now have oft been assembled on this occasion and have with great patience heard the Arguments on both sides and it was resolved by them all with one voice That an offence committed in Parliament criminally or contemptuously the Parliament being ended rests punishable in an other Court Jones It is true that we all resolved That an offence committed in Parliament against the Crown is punishable after the Parliament in another Court and what Court shall that be but the Court of the Kings Bench in which the King by intendment sitteth Whitlock The question is now reduced to a narrow room for all the Iudges are agreed That an offence committed in Parliament against the King or his Government may be punished out of Parliament So that the sole doubt which now remains is Whether this Court can punish it And Crook agreed That so it had been resolved by all the Iudges because otherwise there would be a failer of Iustice. And by him If such an offence be punishable in another Court what Court shal punish it but this Court which is the highest Court in the Realm for criminall offences And perhaps not onely criminall actions committed in Parliament are punishable here but words also Mason of Lincolns-Inne argued for Sir John Eliot one of the Defendants The charges in the Information against him are three 1. For speeches 2. For contempts to the King in resisting the Adjournment 3. For conspiracy with the other Defendants to detain Mr. Speaker in the Chair In the discussion of these matters be argued much to the same intent which he had argued before upon an information brought in the Star-Chamber against the same Defendants and others for the same offences therefore his Argument is reported here very briefly 1 st For his speeches They contain matter of accusation against some great Peers of the Realm and as to them he said That the King cannot take notice of them The Parliament is a Councill and the grand Councill of the King and Councills are secret and close none other hath accesse to those Councills of Parliament and they themselves ought not to impart them without the consent of the whole House A Iury in a Leet which is sworn to enquire of offences within the said Iurisdiction are sworn to keep their own counsell so the House of Commons enquire of all grievances within the Kingdom and their counsells are not to be revealed And to this purpose was a Petition 2 H. 4. numb 10. That the King shall not give credit to any private reports of their proceedings To which the King assents therefore the King ought not to give credit to the information of these offences in this case 2 ly The words themselves contain severall accusations of great men and the liberty of accusation hath alwaies been Parliamentary 50 E. 3. Parliament-Roll numb 21. The Lord Latimer was impeached in Parliament for sundry offences 11 R. 2. the Arch-Bishop of York 18 H. 6. numb 18. the Duke of Suffolk 1 Mar. Dy. 93. the Duke of Norfolk 36 H. 6. numb 60. un Uickar Generall 2 3 E. 6. c. 18. the Lord Seymer 18 of King James the Lord of St. Albans Chancellor of England and 21 of King James Cranfield Lord Treasurer and 1 Car. the Duke of Buckingham 3 ly This is a priviledge of Parliament which is determinable in Parliament and not else-where 11 R. 2. numb 7. the Parliament-Roll Petition exhibited in Parliament and allowed by the King That
sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five thousand pounds shall be assigned for the dammages losses sufferings and imprisonment sustained and undergone by Mr. Strode late a member of this House deceased for service done by him to the Common-wealth in the Parliament of tertio Caroli Resolved c. That Mr. Benjamin Valentine shall have the sum of five thousand pounds paid unto him for the dammages losses sufferings and imprisonments sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five hundred pounds shall be bestowed and disposed of for the erecting a Monument to Sir Miles Hobert a Member of the Parliament of tertio Caroli in memory of his sufferings for his service to the Common-wealth in that Parliament of tertio Caroli Resolved c. That Mr. Samuel Vassell shall have the sum of ten thousand four hundred forty five pounds twelve shillings two pence paid him for his losses and dammages sustained for denying to pay Tunnage and Poundage not granted by Act of Parliament in pursuance and obedience to a Declaration and Vote of this House Resolved c. That this House doth declare that they will in due time take Mr. Vassell into further consideration for his imprisonment and personall sufferings Ordered That it be recommitted to the Committee who brought in this Report to consider how the severall sums of mony this day ordered to be paid for dammages to the severall Members and others before named for their sufferings in the service of the Common-wealth may be raised FINIS AN INDEX Alphabetically digested relating to the Principal Persons and Matters contained in this Book A. ABbot Archbishop his advice concerning the Palatinate War p. 12 In disgrace at Court p. 61. his Letter to the King against Toleration of Popery p. 85. Still in disfavor p. 435. A Commission to sequester him â—b his Narrative at large containing the true cause of his being sequestred from p. 438. to 461. His Speech concerning the Petition of Right p. 552 Abbot Doctor p. 62 Acts passed in Parliament p. 152 195 644 Alford Master p. 568 Allured Master his Letter to the Duke p. 91. Another concerning the Duke p. 621 Ambassadors private Instructions p. 18 Anhault Prince made General of the Bohemians p. 14 Arminians p. 62 111 177 180 181 479 Arundel Earl p. 368 c. Ashley Serjeant questioned for words p. 552 Aston Sir Walter p. 14 60 106 107 113 114 Le Assembli des notables c. p. 691. And p. 14. Appendix Aske Mr. His Argument for Master Stroud p. 18. Appendix B. BAcon Lord Chancellor p. 28 29 31 162 Barkley Serjeant his Argument against Mr. Stroud Appendix p. 21 Barkshire Earl p. 376 Barons of the Exchequer sent unto about Merchants gâ—ods p. 666 667 Beecher Sir William p. 430 Bethlem Gabor assists the Bohemians p. 12 Bohemians vide Palatinate Book of Bounty prohibited p. 417 Bramston Serjeant upon the Habeas Corpus p. 463 Bristol vide Digby Buckingham writes unto Gundamor of King James dissatisfaction about the Palatines War p. 16. Goes with the Prince into Spain p. 76. Made Duke p. 78. A Letter sent to him from Mr. Allured p. 91. His Narrative to both Houses of Parliament p. 119. The truth thereof attested by the Prince p. 16. The Popes Letter to him p. 80. His head demanded by the Spanish Ambassador p. 126. The Duke is justified of both Houses ibid. And by King James who called him his disciple p. 127. Is accused again by the Spanish Ambassador p. 144 Renders an account in Parliament of the Fleet p. 190. And also speaks on his own behalf p. 191. Queries in Parliament concerning the Duke p. 221. Sir John Elliot concerning the Duke p. 224. The Kings Speech on behalf of the Duke p. 225. Lord Keeper to the same purpose p. 227. The Duke explains the Kings and the Lord Keepers Speech in Parliament p. 229. And renders an account of his Negotiation in the Low Countreys and elswhere p. 231. Is vindicated by the Lord Conway p. 235. The Commons present a Remonstrance against him p. 247. Private advice given him p. 250. The Dukes answer to a Message from the Commons p. 251. Articles exhibited against him by Bristol p. 266. The Kings Message on behalf of the Duke against Bristol p. 270. Impeached by the Commons p. 307. managed at a Conference by Eight Members p. 306 307 308 c. Private suggestions on behalf of the Duke p. 360. The Kings Speech on his behalf p. 361. A Message from the Commons against him p. 361. His Speech against them p. 367. Sir Dudley Carlton concerning him p. 362 363. Dissatisfied at the release of Sir John Elliot p. 365. Sir John Elliots explanation concerning him p. 366. Is chosen Chancellor of Cambridge p. 375. His Letter to that University p. 377. The Kings Letter on his behalf p. 378. His Speech in Parliament before he gave in his Answer p. 379. His Plea and Answer to the Impeachment p. 380 c. The King prefers an Information against him in Star-Chamber p. 417. Sets sail with the Fleet p. 429. Lands his Army at the Isle of Rhee p. 430. And had a hot encounter with the French p. 431. Omits to take in the little Fort ibid. Lays siege to the Cittadel at St. Martins ibid. Retreats with the Army from Rhee p. 469. Declared cause of all grievances p. 615. Desires to clear himself concerning some words supposed to be spoken by him p. 639. And charges one Melvin for speaking words against him ibid. Is slain at Portsmouth p. 647. The King receives news of his Death ibid. Burlacy Sir John p. 15 Burroughs Captain p. 15 40 Burroughs Sir John slain at Rhee p. 200 C. CAlthrop Mr. p. 464. Appendix 49 Carlile Earl p. 173 Carlton Sir Dudley p. 76.362 363 Carmarthen Mr. his Answer about Customs p. 668 Cautionary Towns in the Netherlands delivered up p. 3 Chambers Mr. questioned at the Council and committed p. 651. Brings his Habeas Corpus ibid. is bailed p. 652. his Goods seised on for not paying of Customs p. 653. A Writ of Replevin denied him ibid. Proceedings in Star-Chamber against him p. 680. His Sentence p. 681. His submission tendred p. 682. His refusal thereof p. 683. His Plea in the Exchequer against the jurisdiction of the Court of Star-Chamber ibid. Brought upon Habeas Corpus p. 686. His Petition to the long Parliament p. 687. His Death p. 689 Charls Prince his Letter to Philip the Fourth of Spain about the Match p. 59. Goes disguised into Spain p. 76. Had a sight of the Princess Henrietta Maria as the passed through France ibid. His reception and entertainment in Spain p. 77. Endeavors used to make him change his Religion p. 78. The Popes Letter to him ibid. His Answer thereunto p. 82. Swears to