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
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
yet acknowledged that the seven Statutes urged by the House of Commons are in force yet said that some of them are in general words and therefore conclude nothing but are to be expounded by Precedents and some of them are applied to the suggestion of Subjects and not to the Kings command simply of its self and that per legem terrae in Magna Charta cannot be understood for process of Law and original Writs for that in Criminal proceedings no original Writ is usual at all but every Constable either for Felony or breach of the Peace or to prevent the breach of the Peace may commit without Process or original Writ it were very hard the King should not have the power of a Constable They also argued That the King was not bound to express the cause of Imprisonment because there may be in it matter of State not fit to be revealed for a time lest the confederates thereupon make means to escape the hands of Justice Besides that which the Commons do say that the party ought to be delivered or bailed is a contradiction in its self for bayling doth signifie a kinde of Imprisonment still Delivery is a total freeing And besides bayling is a grace or favor of a Court of Justice and they may refuse to do it To this it was replyed That the Statutes were direct in Point and though some of them speak of suggestions of the Subjects yet they are in equal reason a commitment by command of the King as when the King taketh notice of a thing himself And for the words per legem terrae original Writs onely are not intended but all other legal process which comprehendeth the whole proceedings of the Law upon Cause other then trial by Jury and the course of the Law is rendred by due process of the Law and no man ought to be imprisoned by special command without indictment or other due process to be made by the Law And whereas it is said there might be danger in revealing the Cause that may be avoided by declaring a general Cause as for Treason suspicion of Treason misprision of Treason Felony without expressing the particulars which can give no greater light to a confederate then will be conceived upon the very apprehension upon the imprisonment if nothing at all were expressed And as for the bayling of the party committed it hath ever been the discretion of the Judges to give so much respect to a commitment by the command of the King or the privy Councel which are ever intended to be done in just and weighty Cases that they will not presently set them free but bail them to answer what shall be objected against them on the Kings behalf but if any other inferior Officer do commit a man without shewing cause they do instantly deliver him as having no cause to expect their leasure so that Delivery is applyed to the imprisoned by command of some mean minister of Justice Bailing when it is done by command of the King or his Councel and though Bailing is a grace and favor of the Court in case of Felony and other crimes for that there is another way to discharge them in convenient time by their trial but where no cause of imprisonment is returned but the command of the King there is no way to deliver such persons by trial or otherwise but that of the Habeas Corpus and if they should be then remanded they might be perpetually imprisoned without any remedy at all and consequently a man that had committed no offence might be in a worse case then a greater offender for the latter should have an ordinary trial to discharge him the other should never be delivered MAster Selden of the Inner-Temple argued next first making this Introduction Your Lordships have heard from the Gentleman that last spake a great part of the grounds upon which the House of Commons upon mature deliberation proceeded to that clear resolution touching the right of liberty of their persons The many Acts of Parliament which are the written Laws of the Land and are expresly in the Point have bin read and opened and such Objections as have been by some made unto them and Objections also made out of another Act of Parliament have been cleared and answered It may seem now perhaps my Lords that little remains needful to be further added for the enforcement and maintenance of so fundamental and established a Right and Liberty belonging to every freeman of the Kingdom The House of Commons taking into consideration that in this question being of so high a nature that never any exceeded it in any Court of Justice whatsoever all the several ways of just examination of the Truth should be used have also most carefully informed themselves of all former Judgements or Precedents concerning this great Point either way and have been no less careful of the due preservation of his Majesties just Prerogative then of their own Rights The Precedents here are of two kinds either meerly matter of Record or else the former resolutions of the Judges after solemn debate in the Point This Point that concerns Precedents the House of Commons have commanded me to present to your Lordships which I shall as briefly as I may so I do it faithfully and perspicuously to that end my Lords before I come to the particulars of any of those Precedents I shall first remember to your Lordships that which will seem as a general key for the opening and true apprehension of all them of record without which key no man unless he be verst in the entries and course of the Kings Bench can possibly understand In all cases my Lords where any Right or Liberty belongs to the Subjects by any positive Law written or unwritten if there were not also a remedy by Law for enjoying or regaining of this Right or Liberty when it is violated or taken from him the positive Law were most vain and to no purpose and it were to no purpose for any man to have any right in any Land or other Inheritance if there were not a known remedy that is an Action or Writ by which in some Court of ordinary Justice he might recover it And in this case of Right of Liberty of Person if there were not a remedy in the Law for regaining it when it is restrained it were of no purpose to speak of Laws that ordain it should not be restrained The Writ of Habeas Corpus or Corpus cum causa is the highest remedy in Law for any man that is imprisoned and the onely remedy for him that is imprisoned by the special command of the King or the Lords of the pâ—ivy Councel without shewing cause of the commitment and if any mâ—n be so imprisoned by any such Command or otherwise whatsoever though England and desire by himself or any other in his behalf this Writ of Hab. Corp. for the purpose in the Court of Kings Bench that Writ is to be granted to him
Cases at the Council Table when great Causes were heard before the King and Council And when matters were agitated at a greater distance I was there also and went on purpose out of a curiosity to see and observe the passages at the Camp at Berwick at the Fight at Newborn at the Treaty at Rippon at the great Council at York and at the meeting of the Long Parliament The Observations I made during all the said time shall be further known if I be encouraged to proceed and that this my Forlorn be not repelled and defeated Thus have I good Reader acquainted thee in plain English with the Lines and rude Draughts of what hath been and what is like to be multorum annorum opus in which as I never did approve so neither could I perswade my self to tread in their Steps who intermingle their Passion with their stories and are not content to write of unless they write also for a Party or to serve an Interest and so declare themselves far better Advocates then Historiansâ—â— I profess that in singleness of heart I aim at truth which to me has alwayes seemed hugely amiable even without the tires and advantages of Wit and Eloquence And therefore in order to my greatest purpose I have esteemed the most unaffected and familiar Stile the best Altum alii teneant And so irresistible is the force of Truth and the Divine Providence so great that howsoever all possible diligence may have been used to carry things in secret and to act by colourable Pretences men often acting like Tumblers that are squint-eyed looking one way and aiming another Yet hath God in these our dayes brought to light such Secrets of State such private Consultations such strâ—nge Contrivances discovered by Letters Papers and Cabinet-memorials seised on in time of the War as otherwise probably neither we nor our Posterity should have ever known I conclude with the learned Spaniards opinion Satis est Historiae si sit vera quae ut reliqua habeat omnia si veritatem non habet obtinere nomen suum non potest J. RUSHWORTH 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h.e. Anglorum leges Suadam consulta Senatus ausáque cuncta loquor tempore quaeque suo Excipis adverso si pectore ore maligno pluribus invideas Zoile nemo tibi The Printer to the Reader BEing obliged to get this Book finished against the ensuing Term I was constrained to make more haste then ordinary so that possibly some Faults have escap'd which I request the Courteous Reader to Pardon and Amend as they shall be met with VALE The right high and most mightie Monarch â—AMES by the Graâ—ce of God King of great Britaine Fraunce and Ireland c Defendor of the Faith Historical Collections THe grand business of State in the latter times of King Iames was the Spanish Match which had the Kings heart in it over-ruled all his Counsels and had a mighty influence upon the Universal State of Christendom This King affecting the name of a King of Peace and Peace-maker as his chief glory had designed what in him lay the setling of a general Peace in Europe and the reconciling of all Parties and professed that if the Papists would leave their King-killing and some other grosser Errors he was willing to meet them half way moreover he was ever zealous for the honor and height of regal Majesty and to maintain the glory of it in his Successors 't was his chief desire and care to match his Son with some Princess of most high descent though of a different Religion There had been a Treaty of Marriage between the late Prince Henry and a Daughter of Spain which on the Spaniards part was found a meer Complement carried on by the accustomed gravity and formality of that Nation For Cecil Earl of Salisbury the great States-man of that time pursued and drove the matter to that point that the Duke of Lerma finding no evasion disclaimed the being of a Marriage Treaty Nevertheless the Spanish Ambassador to acquit himself to this State and to clear his own honesty at a full Council produced his Commission together with his Letters of Instruction given under the Duke's hand Such manner of dealing might have been sufficient Cause of just Indignation against any future motion of this Alliance After death of Prince Henry the King set his thoughts upon a Daughter of Henry the Fourth late King of France as the fittest Match for Prince Charles and by Sir Thomas Edmonds his Legier Ambassador endeavored to know the minde of that State but could not discern their affections and was not willing to discover his own At length taking occasion to send the Lord Hayes Extraordinary Ambassador to the French King to Congratulate his Marriage with Anne the Infanta of Spain he resolved to make a thorow Trial The matter was put forth and in appearance well taken but proved of no effect For the Duke of Savoy was before-hand and prevailed for his Son the Prince of Piedmont During this Negotiation of Alliance with France the Duke of Lerma frequently intimated unto Sir Iohn Digby Ambassador Resident in Spain an extraordinary desire in the King his Master not onely to maintain Peace and Amity with the King of great Britain but to lay hold on all means that might be offered for the nearer uniting of their Majesties and their Crowns as also a disposition in this regard to match his second Daughter to the Prince of Wales The Ambassador replyed that His Majesty had little reason to give ear to this overture having not long since in the Treaty for the late Prince received such an unexpected Answer and Demands so improper and unworthy and that there needed more then ordinary assurance to induce him to believe that there was now so great a change and the match desired in good earnest and not propounded meerly to divert the match with France wherefore he expected the proposal of such terms of advantage and certainty as might gain a belief of their sincere Intentions Lerma promised a further Conference But by reason of a strong report that the Match with France was absolutely concluded and within few dayes to be published the business lay asleep until Sir Iohn Digby going for England was desired by the Duke to give him notice of the state of this Affair From hence Digby gives him to understand that there was no cause of dispair concerning this new overture unless the difficulty of the Conditions should make it desperate but if the Demands in point of Religion were no more then what would satisfie another Catholick Prince and to which his Majesty might yeild with Honor he knows that divers persons not of the meanest power were well inclined and ready to give their helping hand He said further that it were much better not to revive this motion then by impossible and unfitting
under the Marquess Ansbach The Evangelicks were put to the worst by General Buquoy in several encounters and were much terrified by the Duke of Bavaria who marched with an Army of Fifteen thousand Horse and Foot and a Train of Artillery proportionable and they were weakned by a Cessation of Arms in Hungary between the Emperor and the Prince of Transylvania In Spain they make all possible preparations for this War onely the King of England will not take the Alarm abhorring War in general and distasting the Palsgraves cause as an ill president against Monarchy and fed with hopes of composing all differences by the success of the Spanish Treaty For which purpose Sir Walter Aston was then sent Ambassador into Spain and Gondomar returned into England there to abide till the long debated Match be fully effected The Articles of Religion for securing Liberty of Conscience to the Infanta and her Family were greatly inlarged by the Commissioners designed for the Treaty and were allowed by the King of England but without a dispensation from Rome the transactions between the two Kings were but Nullities And for this cause it was expected that our King should propound such conditions for the increase and great advantage of the Roman Catholick Religion that the Pope may deliberate whether they be of that nature as may perswade and merit the dispensation To this demand the King made answer in his Letter to the King of Spain That he had done as much in favor of the Catholicks as the times would bear and promised in the word of a King That no Roman Priest or other Catholick should thenceforth be condemned upon any capital Law And although he could not at present rescind the Laws inflicting onely pecuniary mulcts yet he would so mitigate them as to oblige his Catholick Subjects to him And if the Marriage took effect his Daughter in Law should finde him ready to indulge all favors which she should request for those of her Religion Herein the Spanish Council acknowledged great satisfaction given and a Paper was conceived and drawn up by a Iunto of Canonists Lawyers and Divines to perswade the Pope to act his part IN the mean while an Army of Thirty thousand was levying in Flanders under the command of Marquess Spinola The King of England sent to know the cause of so great preparations The Marquess gave answer That he received his Commission sealed up with a charge not to open it till his Army were compleated and brought together to a Rendevouz But the King had proof enough to assure him that this Army was intended for the Palatinate Yet no more then one Regiment under the Command of Sir Horatio Vere could be obtained from him though two more were promised When Spinola had his Rendevouz where he mustered Six and twenty thousand Foot and Four thousand Horse he opened his Commission which required him to make War against all those which should be confederate with the Bohemian Rebels and he communicated the same to the Ambassador of Great Brittain At the same time the English began their march as brave a Regiment as hath appeared in any age consisting most of Gentlemen under a most worthy Leader who was accompanied with the Earls of Oxford and Essex persons innobled as well by their own vertues as by their Progenitors Other Commanders in this Regiment were Sir Edward Sackvile Sir Gerard Herbert Sir Robert Knolles Captain Stafford Captain Wilmot Captain William Fairfax Sir Iohn Burlacy Cap. Burroughs Cap. Robert Knightly c. This handful of men reached the Palatinate with some difficulty by the aid and conduct of Henry Prince of Nassau The Imperial forces became exceeding numerous by large supplies from several Countreys and Provinces The States Protestant of the Upper and Lower Austria upon the approach of the Bavarian Army seeing nothing but manifest ruine renounce their Confederacy with the Bohemians and submit to the Emperor saving to themselves their Rights and Priviledges in Religion Whereupon the Bohemians and their King being but Twenty thousand strong besides an addition of Ten thousand Hungarians from Bethlem Gabor and fearing least Bavaria and Buquoy joyning their forces should fall into Bohemia thought it best to fortifie the Frontiers and to defend their Country which they conceived they might well do if the Elector of Saxony would continue in his Neutrality The Emperor sent to the said Elector to execute his Ban or Declaration of Treason against the Count Palatine and the Bohemian Rebels The Bohemians by their Ambassadors requested him if he would not own their Cause yet at least to remain Neutral The Duke of Saxony replied to King Frederick That he had often represented to him what ruine was like to follow him by taking an others Crown and for his own part being called upon by the Emperor to execute his Ban and chastise the Rebels he could not disobey that just command The Protestant Princes sent to him again and gave him notice of Spinola's advance to subdue the Palatinate but this did nothing move him He entred Lusatia with some forces and quickly reduced a part of that Province In the Palatinate Spinola having got the start of the English by means of a far shorter march had no sooner arived but he took in divers Towns and prevailed greatly over a spiritless people yet he warily declined the hazard of Battel with the Princes of the Union Neither was the Marquess Ansbach very forward to engage or to seek or take advantages The Dutch slowness was not excusable howbeit the great access of strength to the Emperors party and this slender aid from the King of Great Brittain to preserve his Childrens Patrimony must needs dishearten the German Princes and help to dissolve the Union After a while the season of the year drew them into their Winter Quarters the Princes retired into their several Countreys and the English Regiment was disposed into three principal Garisons Sir Horatio Vere commanded in Manheim Sir Gerard Herbert in Heidelborough and Captain Burroughs in Frankendale having onely power to preserve themselves within those Walls whilest the enemy ranged round about them A Letter written from the Marquess of Buckingham to Conde Gondomar discovered the bent of the Kings minde and will touching the German War That he was resolved to continue Neuter for Conscience Honor and Examples sake In regard of Conscience judging it unlawful to inthrone and dethrone Kings for Religions sake having a quarrel against the Jesuites for holding that opinion Besides he saw the World inclined to make this a War of Religion which he would never do In point of Honor for that when he sent his Ambassador into Germany to treat of Peace in the interim his Son in Law had taken the Crown upon him And for Example sake holding it a dangerous president against all Christian Princes to allow a sudden translation of Crowns by the Peoples Authority Nevertheless he could not sit still and
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
and Doctor Stuart to inform him of the nature of this cause and the scandal that might arise thereupon and to certifie what the same may amount unto whither to an irregularity or otherwise and what means may be found for redress However this consultation was managed the Archbishop was not deprived but a Plant was growing up that over-topped him whilst he lived and after his decease obtained the Primacy Doctor Laud who was first chosen to the Bishoprick of St. Davids by the Mediation of the Lord Keeper Williams and was consecrated by the Bishops of London Worcester Chichester Ely Landaff and Oxon the Archbishop in the mean time was not thought irregular for the Casual Homicide This Bishop Doctor Laud was looked upon in those times as an Arminian and a fierce opposer of Puritans and while he lived in Oxford suspected to incline to Popish Tenents as may appear by his Letter of Complaint sent to his Patron Doctor Neal then Bishop of Lincoln against a Sermon preached by Robert Abbot Doctor of the Chair in Oxford in which Letter he inclosed this amongst other Passages of the Doctors Sermon viz. That men under pretence of Truth and Preaching against the Puritans strike at the heart and root of Faith and Religion now established among us That this Preaching against the Puritans was but the practice of Parsons and Campions counsel when they came into England to seduce yong Students And when many of them were afraid to lose their places if they should professedly be thus the counsel they then gave them was That they should speak freely against the Puritans and that should suffice And they cannot intend that they are accounted Papists because they speak against the Puritans But because they indeed are Papists they speak nothing against them If they do at any time speak against the Papists they do beat a little upon the Bush and that softly too for fear of troubling or disquieting the Birds that are in it I Came time enough saith Mr. Laud to be at the rehearsal of this Sermon upon much perswasion where I was fain to sit patiently and hear my self abused almost an hour together being pointed at as I sate For this present abuse I would have taken no notice of it but that the whole University apply it to me and my own Friends tell me I shall sink my credit if I answer not Dr. Abbot in his own Nevertheless in a business of this kinde I will not be swayed from a patient course onely I desire your Lordship to vouchsafe me some direction what to do c. The Arminian Sect opposed by King Iames and by his special concurrence lately broken in the Netherlands by the beheading of Barnevalt the cheif of them began in his latter times to spring up in England and was countenanced by the said Prelate who had newly obtained the opinion and favor of the Marquess of Buckingham The Kings main design then not suffering the suppressing of that way which in common judgment was inclined to Popery or he thought to recover all his losses and to salve all misfortunes by the Spanish Match And for this cause he released multitudes of Priests and Popish Recusants then imprisoned which the Spaniards professed to be a great demonstration of the Kings sincere affection to confirm the correspondence and amity between the Crowns And that this enlargement might be the more expedite and less chargeable the King gave directions to the Lord Keeper Williams Bishop of Lincoln THat whereas he had formerly given order for the release of Recusants by removing them from the several Goals of this Kingdom to be bailed before the Justices of his Bench And finding that this course will be troublesome to the poorer sort of them he doth now require that Writs be directed to the Justices of Assizes enabling and requiring them to enlarge such Recusants as they shall finde in their several Goals upon such conditions and securities as were required by the Judges of his Bench. Accordingly the Writs were issued forth under the Great Seal and the Lord Keeper wrote to the Judges on this manner THat the King having upon deep Reasons of State and in expectation of the like correspondence from Forein Princes to the Professors of our Religion resolved to grant some Grace to the imprisoned Papists had commanded him to pass some Writs under the Broad Seal for that purpose Wherefore it is his Majesties pleasure that they make no niceness or difficulty to extend his Princely favor to all such as they shall finde prisoners in the Gaols of their Circuits for any Church Recusancy or refusing the Oath of Supremacy or dispersing of Popish Books or any other point of Recusancy that shall concern Religion onely and not matters of State But a general offence was taken at this Indulgence to Papists and the Lord Keepers Letter to the Judges which how the Keeper endevored to renounce may be seen in his Letter written to a Person of Honor. AS the Sun in the Firmament appears unto us no bigger then a Platter and the Stars are but as so many Nails in the Pummel of a Saddle because of the enlargement and disproportion between our eye and the object So is there such an unmeasurable distance between the deep resolution of a Prince and the shallow apprehensions of common and ordinary people That as they will ever be judging and censuring so they must needs be obnoxious to error and mistaking The King is now a most Zealous Intercessor for some case and refreshment to all the Protestants in Europe which were unreasonable if he did now execute the rigor of his Laws against the Roman Catholicks Our Viperous Countrymen the English Iesuites in France had many moneths before this favor granted invited the French King by writing a malicious Book to put all the Statutes in execution against the Protestants in those parts which were Enacted in England against the Papists and as they falsly informed severely executed Besides these Papists are no otherwise out of prison then with their shackles about their heels sufficient Sureties and good Recognizances to present themselves at the next Assizes and their own demeanor and the success of his Majesties Negotiations must determine whether they shall continue in this Grace But to conclude from the favor done to the English Papists that the King savors the Romish Religion is a composition of Folly and Malice little deserved by a gratious Prince who by Word Writing Exercise of Religion and Acts of Parliament hath demonstrated himself so resolved a Protestant As for his own Letter to the Iudges he said it recited onely four kindes of Recusancy capable of the Kings clemency not so much to include them as to exclude many other Crimes bearing the name of Recusancy as using the Function of a Romish Priest seducing the Kings Leige-people from the established Religion aspersing the King Church or State or the present Government All which Offences being
as no Ceremony or other thing intervene which shall be contrary to the Roman Catholick Apostolick Religion III. That the most Gratious Infanta shall take with her such Servants and Family as are convenient for her service which Family and all persons to her belonging shall be chosen and nominated by the Catholick King So as he nominate no Servant which is Vassal to the King of Great Britain without his will and consent IV. That as well the most Gratious Infanta as all her Servants and Family shall have free use and publick Exercise of the Roman Catholick Religion in manner and form as is beneath capitulated V. That she shall have an Oratory and Decent Chappel in her Palace where at the pleasure of the most Gratious Infanta Masses may be celebrated and in like manner she shall have in London or wheresoever she shall make her abode a Publick and Capacious Church near her Palace wherein all Duties may be solemnly celebrated and all other things necessary for the Publick Preaching of Gods Word the Celebration and Administration of all the Sacraments of the Catholick Roman Church and for burial of the Dead and Baptizing of Children That the said Oratory Chappel and Church shall be adorned with such decency as shall seem convenient to the most Gratious Infanta VI. That the Men-servants and Maid-servants of the most Gratious Infanta and their Servants Children and Descendents and all their Families of what sort soever serving her Highness may be freely and publickly Catholicks VII That the most Gratious Infanta her Servants and Family may live as Catholicks in form following That the most Gratious Infanta shall have in her Palace her Oratory and Chappel so spatious that her said Servants and Family may enter and stay therein in which there shall be an ordinary and publick door for them and another inward door by which the Infanta may have a passage into the said Chappel where she and other as abovesaid may be present at Divine Offices VIII That the Chappel Church and Oratory may be beautified with decent Ornaments of Altars and other things necessary for Divine Service which is to be celebrated in them according to the custom of the Holy Roman Church and that it shall be lawful for the said Servants and others to go to the said Chappel and Church at all hours as to them shall seem expedient X. That the care and custody of the said Chappel and Church shall be committed to such as the Lady Infanta shall appoint to whom it shall be lawful to appoint Keepers that no body may enter into them to do any undecent thing XI That to the Administration of the Sacraments and to serve in Chappel and Church aforesaid there shall be Four and twenty Priests and Assistants who shall serve weekly or monethly as to the Infanta shall seem fit and the Election of them shall belong to the Lady Infanta and the Catholick King Provided That they be none of the Vassals of the King of Great Britain and if they be his will and consent is to be first obtained XII That there be one Superior Minister or Bishop with necessary Authority upon all occasions which shall happen belonging to Religion and for want of a Bishop that his Vicar may have his Authority and Jurisdiction XIII That this Bishop or Superior Minister may Correct and Chastise all Roman Catholicks who shall offend and shall exercise upon them all Jurisdiction Ecclesiastical And moreover also the Lady Infanta shall have power to put them out of her service whensoever it shall seem expedient to her XIV That it may be lawful for the Lady Infanta and her Servants to procure from Rome Dispensations Indulgences Jubilees and all Graces as shall seem fit to their Religion and Consciences and to get and make use of any manner of Catholick Books whatsoever XV. That the Servants and Family of the Lady Infanta who shall come into England shall take the Oath of Allegiance to the King of Great Britain Provided That there be no clause therein which shall be contrary to their Consciences and the Roman Catholick Religion and if they happen to be Vassals to the King of Great Britain they shall take the same Oath that the Spaniards do XVI That the Laws which are or shall be in England against Religion shall not take hold of the said Servants and onely the foresaid Superior Ecclesiastical Catholick may proceed against Ecclesiastical persons as hath been accustomed by Catholicks And if any Secular Judge shall apprehend any Ecclesiastical person for any offence he shall forthwith cause him to be delivered to the aforesaid Superior Ecclesiastick who shall proceed against him according to the Canon Law XVII That the Laws made against Catholicks in England or in any other Kingdom of the King of Great Britain shall not extend to the Children of this Marriage and though they be Catholicks they shall not lose the right of Succession to the Kingdom and Dominions of Great Britain XVIII That the Nurses which shall give suck to the Children of the Lady Infanta whither they be of the Kingdom of Great Britain or of any other Nation whatsoever shall be chosen by the Lady Infanta as she pleaseth and shall be accounted of her Family and enjoy the priviledges thereof XIX That the Bishop Ecclesiastical and Religious persons of the Family of the Lady Infanta shall wear the Vestment and Habit of their Dignity Profession and Religion after the Custom of Rome XX. For security that the said Matrimony be not dissolved for any cause whatsoever The King and Prince are equally to pass the Word and Honor of a King and moreover that they will perform whatsoever shall be propounded by the Catholick King for further confirmation if it may be done decently and fitly XXI That the Sons and Daughters which shall be born of this Marriage shall be brought up in the company of the most Excellent Infanta at the least until the age of Ten years and shall freely enjoy the right of Successions to the Kingdoms as aforesaid XXII That whensoever any place of either Man-servant or Maid-servant which the Lady Infanta shall bring with her nominated by the Catholick King her Brother shall happen to be void whether by death or by other cause or accident all the said Servants of her Family are to be supplied by the Catholick King as aforesaid XXIII For security that whatsoever is capitulated may be fulfilled The King of Great Britain and Prince Charls are to be bound by Oath and all the Kings Council shall confirm the said Treaty under their hands Moreover the said King and Prince are to give their Faiths in the Word of a King to endeavor if possible That whatsoever is capitulated may be established by Parliament XXIV That conformable to this Treaty all these things proposed are to be allowed and approved of by the Pope tâ—at he may give an Apostolical Benediction and a Dispensation necessary to effect the Marriage The Oath taken
to day were presented to them they have put themselves to the Offensive by preparing a strong Fleet which is ready to set sail to the West-Indies to the end they may at least interrupt the peaceable Annual return of the Gold and Silver of those parts by which the House of Austria do continually advance their greatness And this preparation together with their Voyages into the East-Indies will make them irreconcileable to Spain These enterprises were commended to the King as approved by all good men to be a principal means to cast down the fearful power of Spain Onely it was too vaste a design for that little Countrey but if the King were pleased thoroughly to close with them their Affections and constant interest would so binde them to him that he might absolutely dispose of them and by their forces by Sea and Land conjoyned with his own be able to give the Law to Europe And the present state of the Provinces might incite the King to this Conjunction For the last Summer if the Imperialists had joyned with the Spaniards they had undoubtedly made an irruption into the borders of that State and they are like to break in this next year except some notable Turn shall intervene and then our best Link for a Bond of Friendship is broken and those Provinces of a strong Staff will become a broken Reed Such Râ—presentations were made to the Court of England but the Counsels then prevailing were not propense to this Conjunction and Interest although we were then breaking with Spain and the House of Austria About the beginning of December when the Ratification came from the new Pope Bonfires were made throughout all Spain and the great Ordnance thundred out reports of joy And that King to satisfie his Oath made to the Prince of Wales prepared for the Espousals and a day was prefixed and all things appointed for the Solemnity according to the Magnificence of that Court The Infanta's Family was setled her Officers distinguished and the beginning of March was the time for her journey into England From the Princes departure she had applied herself to the learning of the English Tongue The English Ambassadors carried themselves like Subjects towards her as being their Masters Wife or Spouse Many rich presents had she prepared for her future Lord and Husband And the Earl of Bristol had provided many costly Liveries for his Attendants in the Solemnity of the Espousals But all things were instantly discomposed by the opening of the new commands from England to the Earl which were to procure an intire surrender of the Palatinate and Electorate before he move one step further towards the Contract In the Court of Spain there was great resentment of these new delays and they discerned a breach towards The Infanta gave over the study of English and was no more stiled the Princess of England but to the Demands from England the King of Spain replied That if a Treaty be set on foot and the Emperor and Duke of Bavaria will not come to Terms of Conformity he will joyn Arms with England to recover the Palatinate The Spaniards confessing the Demand just but unseasonable professed the Desponsorio's past the Infanta on her knees should have been a Suiter to the King to restore the Palatinate making it thereby her act and drawing the Obligation wholly to her These offers did not satisfie Bristol was called home and all was dashed to peeces It was an amazement to the Christian World that when the Match was brought to such perfection the motion should be rejected by that side which pursued it with so much eagerness and patience as being the master-peece of all their designs In the latter part of this long tedious act the Spaniard appeared real but in the former part their reality was questionable For our parts the business shall remain as we finde it a dark Riddle and Mystery The Earl of Bristol having demurred upon the new Instructions to prevent as he desired the embroiling of the whole Treaty was to make his Apology to the King his Master and for himself he thus pleaded That he understood the Infanta was his yong Masters wife or Spouse at least and that both the King and Prince infinitely desired the Match The powers were drawn by the intervention of both parties the King of Spain accepting them and the Prince legally delivering them and they were deposited with him in trust as the Ambassador of the King of Great Britain with a Publick Declaration how and when he was to deliver them and this was drawn into an Instrument by the Secretary of State According to this state of things he appeals to any Censure which were the more prudent honest and dutiful way whether to put a disgrace upon so great and worthy a Princess who was to be his Masters Wife and a scorn upon the King of Spain by nominating a day for the Marriage when the powers would be expired and not at all to insist upon making good the Publick Trust reposed in him by two so great Monarchs to the hazard and overthrow of so great and important a business or contrariwise to represent to his Majesty the state of things in Truth and Sincerity with his humble opinion of the wrong and disgrace to the Infanta by deferring the Marriage and of the indignity offered to the King of Spain and the danger of the whole Treaty by the detention of the Powers without the pretence of some emergent cause And after all this when his Majesty had declared his pleasure there was ready an exact obedience Wherefore in the confidence of his own innocencie he professeth as great a confidence of his Majesties accustomed grace and favor Bristol being called home acquainted the Conde Olivares with the Letters of Revocation and desired withall to have a day assigned him to take his leave of the King Olivares answered That he had much to say to him by his Majesties order and spake to this effect in the presence of Sir Walter Aston and the Conde Gondomar That the King had received large advertisements with what malice and rancor his Enemies did prosecute him and how powerful they are in England And in regard that the Envy which was drawn upon him proceeded from his earnest endeavors to accomplish the Match and that the particular fault laid to his charge was in point of delivering the Proxies deposited in his hands that his Majesty takes it to heart and judgeth himself touched in his honor if for this cause his Enemies shall prevail so far as to work his ruine or disgrace And therefore he will write to the King of Great Britain and send a particular Ambassador if it be needful to mediate for him for that he had served his Master with that exactness and fidelity which deserved not only to be assisted by all good offices but to be rewarded and published And his Majesty for the example of his own Subjects and for the encouragement
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-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
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 Articles of several High Treasons and other great and enormous Crimes Offences and Contempts supposed to be committed by him against our late Soveraign Lord King James of Blessed Memory deceased and our Soveraign Lord the Kings Majesty that now is wherewith the said Earl is charged by his Majesties Attorney-General on his Majesties behalf in the most High and Honorable Court of Parliament before the King and the Lords there And not acknowledging any the supposed Treasons Crimes Offences and Contempts wherewith he is charged in and by the said Articles to be true and saving to himself all advantages benefit and exception to the Incertainty and Insufficiency of the said Articles and of the several Charges in them contained And humbly praying that his Cause may not suffer for want of Legal form whereunto he hath not been used but may be judged according to such real and effectual Grounds and Proofs as may be accepted from an Ambassador the ground of the Charge growing thence and that he may have leave to explain himself and his own meaning in any thing that may seem of a doubtful Construction For Answer saith as followeth I. THe First Article he denieth and because the Matters contained in the said Article consist of several parts viz. The loss of the said Palatinate and the Match with the said Lady of Spain and of the several Employments as of one Extraordinary Ambassage to the Emperor and another to the King of Spain in the years 1621.22 and 23. He humbly craves leave of this most Honorable Court to separate the businesses and distinguish the times And beginning with the Palatinate first to give an account of his Ambassage to the Emperor and so to make as brief a Deduction as he could of the whole carriage in that business from the beginning of his employment to the time he left it in his Ambassage to the Emperor he propounded all things faithfully according to his Instructions and the Answers which he returned to his late Majesty of Blessed Memory were the very same and no other then such as were given by the Emperor under his Hand and Imperial Seal the which according to his duty he faithfully sent unto his said Majesty and withal did honestly and truly advertise his said Majesty what he understood and thought then upon the place but was so far from giving to his Majesty any ill-grounded hopes in that behalf that he wrote unto the Lords of the Council here in England from Vienna 26 Iuly 1624. in such sort as followeth I Am further to move your Lordships That there may be a Dispatch made presently into Spain to his Majesties Ambassador and Mr. Cottington that they deal effectually for the repairing and ripening of the business against my coming that they use some plain and direct Language letting the Ministers there know That the late Letter sent by the King of Spain to the Emperor was colder and more reserved then his Master had reason to expect I shall conclude with telling your Lordships That although I dispair not of good success in that knotty business yet I hope his Majesty and your Lordships lay not aside the care of all fitting preparations for a War in case a Peace cannot be honorably had And amongst other things I most earnestly commend unto your Lordships by your Lordships unto his Majesty the continuing yet abroad for some small time of Sir Robert Mansels Fleet upon the Coasts of Spain which in case his Majesty should be ill used will prove the best Argument we can use for the Restitution of the Palatinate And this his Advice he saith was wholly intended by his Actions by being the cause as he returned homeward out of Germany to bring down Count Mansfield whereby the Town of Frankendale was relieved by supplying of his Majesties Army then in great distress with Moneys and Plate to the value of 10000 l. meerly out of his zeal and affection to the good of the King and his Children having no Warrant or Order but that his heart was ever really bent in effects more then in shews to serve the Kings Son-in-law and his cause as by the discourse of this business will appear And how acceptable these Services were will more appear by the Letters of the Queen of Bohemia in these words following My Lord HAving understood from Heidelburgh how you have shewed your affection to the King and me in all things and in the help of Money you have lent our Soldiers I cannot let so great Obligation pass without giving many thanks for it by these lines since I have no other means to shew my gratefulness unto you Howsoever assure your self that I will never be forgetful of the Testimonies you give me of your love which I intreat you to continue in doing the King and me all good Offices you can to his Majesty You have been an eye-witness of the miserable estate our Countreys are in I intreat you therefore to solicite his Majesty for our help you having given me an assurance of your affection I intreat you now to shew it in helping of us by your good endeavors to his Majesty and you shall ever binde me to continue as I am already Your very affectionate Friend ELIZABETH Which Letters were seconded with others about the same time both from the King of Bohemia and Council of Heidelburgh to the same effect And how much satisfaction his late Majesty received in that behalf and touching that business will plainly appear several ways and particularly by his Speech in Parliament And the said Earl likewise appealeth to both Houses of Parliament to whom by his late Majesties Order he gave a just and true accompt of that employment with what true zeal he proceeded and how he pressed that single Treaty and Promises no longer be relied on but that a fitting preparation for War might go along hand in hand with any Treaty of Accommodation And for a conclusion among many of his late Majesties approbations of his carriage in this employment he humbly desireth that a Letter of the Duke of Buckinghams under his own hand bearing date the Eleventh of October 1621. may be produced being as followeth My Lord I Am exceeding glad that your Lordship hath carried your self so well in this employment that his Majesty is infinitely pleased for your Service you have done for which he commanded me to give your Lordship thanks in his Name until he see you himself You of all men have cause to commend his Majesties choice of such a man that unless your heart had gone with the business you could never have brought it to so good a pass Amongst other things his Majesty liketh very well the care of clearing his Honor whereof he will advise further with your Lordship at your next coming over I hope you will not finde your Negotiation with the Infanta of such difficulty as you seem to fear in your Letter seeing my Brother Edward hath brought with him a Letter
said Drink or Potion to his said late Majesty who thereupon at the same times within the seasons in that behalf prohibited by his Majesties Physitians as aforesaid did by the means and procurement of the said Duke drink and take divers quantities of the said Drink or Potion After which said Plaisters and Drink or Potion applied and given unto and taken and received by his said Majesty as aforesaid great distempers and divers ill symptoms appeared upon his said Majesty insomuch That the said Physitians finding his Majesty the next morning much worse in the estate of his health and holding a Consultation thereabout did by joynt consent send to the said Duke praying him not to adventure to minister to his Majesty any more Physick without their allowance and approbation And his said Majesty himself finding himself much diseased and affected with pain and sickness after his then fit when by the course of his Disease he expected intermission and ease did attribute the cause of such his trouble unto the said Plaister and Drink which the said Duke had so given and caused to be administred unto him Which said adventrous act by a person obliged in duty and thankfulness done to the Person of so great a King after so ill success of the like formerly administred contrary to such Directions as aforesaid and accompanied with so unhappy event to the great grief and discomfort of all his Majesties Subjects in general is an Offence and Misdemeanor of so high a nature as may justly be called and is by the said Commons deemed to be an act of transcendent presumption and of dangerous consequence Mr. Wandesford deputed to enlarge and aggravate upon the Thirteenth Article commended the charity and providence of that Law which makes it penal for unskilful Empyricks and all others to exercise and practice Physick upon common persons without a lawful Calling and Approbation branding them that thus transgress as Improbos Ambitiosos Temerarios Audaces homines But he that without skill and calling shall direct a Medicine which upon the same person had wrought bad effects enough to have disswaded a second adventure and then when Physitians were present Physitians selected for Learning and Art prepared by their Office and Oaths without their consent nay even contrary to their Direction and in a time unseasonable He must needs said he be guilty albeit towards a common person of a precipitate and unadvised rashness much more towards his own Soveraign And so pious are our selves to put the Subjects in minde of their duty towards their Princes Persons so Sacred that in the attempt of a Madman upon the King his want of Reason which towards any of his fellow Subjects might have quit him of Felony shall not excuse him of Treason And how wary and advised our Ancestors have been not to apply things in this kinde to the Person of a King may appear by a President 32 Hen 6. where Iohn Arundel and others the Kings Physitians and Chirurgeons thought it not safe for them to administer any thing to the Kings Person without the assent of the Privy Council first obtained and express Licence under the Great Seal of England This Medicine found his Majesty in the declination of his desease and we all wish it had left him so but his better days were shortly turned into worse and instead of health and recovery we hear by good testimony that which troubles the poor and loyal Commons of England of great distempers as Droughts Raving Fainting an intermitting Pulse strange effects to follow upon the applying of a Treacle Plaister But the truth is Testimony tells us That this Plaister had a strange smell and an invective quality striking the malignity of the disease inward which Nature otherwise might have expelled outward Adde to this the Drink twice given to his Majesty by the Duke his own hands and a third time refused and the following Complaint of that blessed Prince the Physitians telling him to please him for the time That his second impairment was from cold taken or some other ordinary cause No no said his Majesty it is that which I had from Buckingham And though there be no President said he of an act offered to the Person of a King so insolent as this yet is it true that divers persons as great as this have been questioned and condemned for less offences against the Person of their Soveraign It was an Article amongst others laid against the Duke of Somerset for carrying Edward the Sixth away in the night time out of his own head but from Hampton Court to Windsor and yet he was trusted with the Protection of his person Presidents failing us in this point the Common Law will supply us The Law judgeth a deed done in the execution of an unlawful act Man-slaughter which otherwise would but have been Chance-medley and that this act was unlawful the House of Commons do believe as belonging to the Duty and Vocation of a sworn and experimented Physitian and not the unskilfulness of a yong Lord. And so pretious are the lives of men in the Eye of the Law that though Mr. Stanford saith If a Physitian take one into his Cure and he die under his hands it is not Felony because he did it not Feloniously Yet it is Mr. Bractons opinion That if one that is no Physitian or Chirurgeon undertake a Cure and the party die under his hands this is Felony And the Law goeth further making Physitians and Chirurgeons themselves accomptable for the Death of their Patients if it appear they have transgressed the Rules of their own Art that is by undertaking a thing wherein they have no experience or having yet failed in the care and diligence Lastly He said he was commanded by the House of Commons to desire their Lordships That seeing the Duke hath made himself a President in committing that which former Ages knew not their Lordships will out of their Wisdom and Justice make him an example for the time to come The several Articles being thus enlarged and aggravated by the said respective Members Sir Iohn Elliot was appointed to make the Epilogue to the Impeachment who spake thus My Lords YOur Lordships have heard in the Labors of these two days spent in this Service a Representation from the Knights Citizens and Burgesses of the Commons House of Parliament of their Apprehension of the present Evils and dangers of this Kingdom of the Causes of the same and of the Application of them to the Duke of Buckingham so clearly and fully as I presume your Lordships expect I should rather conclude then adde any thing to his charge Your Lordships have heard how his Ambition was expressed in procuring and getting into his hands the greatest Offices of strength and power of this Kingdom by what means he had attained them and how Money stood for Merit There needs no Argument to prove this but the common sense of the Miseries and Misfortunes which we suffer
our Friends and Allies who must prosper or suffer with us would have led them to a due and a timely consideration of all the means which might best conduce to those ends which the Lords of the Higher-House by a Committee of that House did timely and seasonably consider of and invited the Commons to a Conference concerning that great business At which Conference there were opened unto them the great occasions which pressed his Majesty which making no impression with them his Majesty did first by Message and after by Letters put the House of Commons in minde of that which was most necessary the defence of the Kingdom and due and timely preparations for the same The Commons House after this upon the 27 of March last with one unanimous consent at first agreed to give unto his Majesty three intire Subsidies and three Fifteens for a present supply unto him and upon the 26 of April after upon second Cogitations they added a fourth Subsidy and ordered the dayes of payment for them all whereof the first should have been on the last day of this present June Upon this the King of Denmark and other Princes and States being engaged with his Majesty in this common Cause his Majesty fitted his occasions according to the times which were appointed for the payment of those Subsidies and Fifteens and hasted on the Lords Committees and his Council at War to perfect their Resolutions for the ordering and setling of his designs which they accordingly did and brought them to that maturity that they found no impediment to a final conclusion of their Councels but want of mony to put things into action His Majesty hereupon who had with much patience expected the real performance of that which the Commons had promised finding the time of the year posting away and having intelligence not onely from his own Ministers and Sujects in Forrein parts but from all parts of Christendom of the great and powerfull preparations of the King of Spain and that his design was upon this Kingdom or the Kingdom of Ireland or both and it is hard to determine which of them would be of worst consequence He acquainted the House of Commons therewith and laid open unto them truly and clearly how the state of things then stood and yet stand and at several times and upon several occasions reiterated the same But that House being abused by the violent and ill-advised passions of a few Members of the House for private and personal ends ill-beseeming publick persons trusted by their Country as then they were not onely neglected but wilfully refused to hearken to all the gentle admonitions which his Majesty could give them and neither did nor would intend any thing but the prosecution of one of the Peers of this Realm and that in such a disordered manner as being set at their own instance into a legal way wherein the proofs on either part would have ruled the cause which his Majesty allowed they were not therewith content but in their intemperate passions and desires to seek for Errors in another fell into a greater Error themselves and not onely neglected to give just satisfaction to his Majesty in several Cases which happened concerning his Regality but wholly forgot their engagements to his Majesty for the publick defence of the Realm whereupon his Majesty wrote the forementioned Letter to the Speaker dated the ninth day of June 1626. Notwithstanding which Letter read in the House being a clear and gracious Manifest of his Majesties Resolutions they never so much as admitted one Reading to the Bill of Subsidies but instead thereof they prepared and voted a Remonstrance or Declaration which they intended to prefer to his Majesty containing though palliated with glossing terms aswel many dishonorable aspersions upon his Majesty and upon the sacred memory of his deceased Father as also dilatory excuses for their not proceeding with the Subsidies adding thereto also coloured conditions crossing thereby his Majesties direction which his Majesty understanding and esteeming as he had cause to be a denial of the promised Supply and finding that no admonitions could move no reasons or perswasions could prevail when the time was so far spent that they had put an impossibility upon themselves to perform their promises when they esteemed all gracious Messages unto them to be but interruptions His Majesty upon mature advisement discerning that all further patience would prove fruitless on the fifteenth day of this present moneth he hath dissolved this unhappy Parliament The acting whereof as it was to his Majesty an unexpressible grief for the memory thereof doth renew the hearty sorrow which all his good and well affected Subjects will compassionate with him These passages his Majesty hath at the more length and with the true Circumstances thereof expressed and published to the world least that which hath been unfortunate in it self through the malice of the Author of so great a mischief and the malevolent report of such as are ill-affected to this State or the true Religion here professed or the fears or jealousies of Friends and dutifull Subjects might be made more unfortunate in the consequences of it which may be of worse effect then at the first can be well apprehended and his Majesty being best privy to the integrity of his own heart for the constant maintaining of the sincerity and unity of the true Religion professed in the Church of England and to free it from the open contagion of Popery and secret infection of Schism of both which by his publick Acts and Actions he hath given good testimony and with a single heart as in the presence of God who can best judge thereof purposeth resolutely and constantly to proceed in the due execution of either and observing the subtilty of the adverse party he cannot but believe that the hand of Joab hath been in this disaster that the common Incendiaries of Christendom have subtilly and secretly insinuated those things which unhappily and as his Majesty hopeth beyond the intentions of the Actors have caused these diversions and distractions And yet notwithstanding his most excellent Majesty for the comfort of his good and well-affected Subjects in whose loves he doth repose himself with confidence and esteemeth it as his greatest riches for the assuring of his Friends and Allies with whom by Gods assistance he will not break in the substance of what he hath undertaken for the discouraging of his Adversaries and the Adversaries of his Cause and of his Dominions and Religion hath put on this resolution which he doth hereby publish to all the world That as God hath made him King of this great people and large Dominions famous in former ages both by Land and Sea and trusted him to be a Father and Protector both of their Persons and Fortunes and a Defender of the Faith and true Religion so he will go on cheerfully and constantly in the defence thereof and notwithstanding so many difficulties and discouragements will take his
to be guided by ordinary Presidents In like manner the Lord Major and Commonalty of London petitioned the Council for an Abatement of the Twenty Ships rated upon them unto Ten Ships and two Pinnaces alleadging disability whereunto the Council gave this following Answer That the former Commandement was necessary the preservation of the State requiring it and that the charge imposed on them was moderate as not exceeding the value of many of their private estates That Petitions and Pleadings to this Command tend to the danger and prejudice of the Commonwealth and are not to be received That as the Commandment was given to all in general and every particular of the City so the State will require an accompt both of the City in general and of every particular And whereas they mention Presidents they might know that the Presidents of former times were Obedience not Direction and that Presidents were not wanting for the punishment of those that disobey his Majesties Commands signified by that Board which they hope shall have no occasion to let them more particularly understand Hereupon the Citizens were glad to submit and declared their consent to the Kings Demands and by Petition to the Council had the favor to nominate all the Officers of those Twenty Ships the Captains onely excepted the nomination of whom appertained to the Lord High Admiral of England Then there were likewise issued forth Privy Seals to several persons to others the way of Benevolence was proposed And because the late Parliament resolved to have given the King Four Subsidies and Three Fifteens the sums which the King required were according to that proportion And to prevent misunderstandings it was declared unto the Countrey That the Supplies now demanded were not the Subsidies and Fifteens intended to be given by the Parliament but meerly a free gift from the Subject to the Soveraign upon such weighty and pressing occasions of State The Justices of Peace in the several Counties were directed by the Privy Council to send for persons able to give and to deal with them singly by using the most prevailing perswasions Amidst these Preparations the Kingdom being exposed to dangers both Forein and Domestick a general Fast was observed on the Fifth of Iuly in the Cities of London and Westminster and places adjacent and on the Second of August throughout the Kingdom to implore a blessing upon the endeavors of the State and the diverting of those judgments which the sins of the Land deserve and threaten And for the defence of this Realm threatned with a powerful Invasion extraordinary Commissions were given to the Lords Lieutenants of the several Counties to Muster the Subjects of whatsoever degree or dignity that were apt for War and to try and array them and cause them to be armed according to their degrees and faculties as well Men of Arms as other Horsmen Archers and Footmen and to lead them against publick Enemies Rebels and Traytors and their adherents within the Counties of their Lieutenancy to repress slay and subdue them and to execute Martial Law sparing and putting to death according to discretion And in case of Invasions Insurrections Rebellions and Riots without the limits of their respective Counties to repair to the places of such Commotions and as need required to repress them by battel or any forcible means or otherwise either by the Law of this Realm or the Law Martial In like manner lest the deserting of the Coasts Ports and Sea Towns should expose those places to become a prey and invite the Enemy to an Invasion the Inhabitants and those that had withdrawn themselves to Inland places were required to return with their Families and Retinues and there to abide during those times of Hostility and Danger And for securing of the Coasts from Spain or Flanders some of the Kings Ships were employed in the River Elbe to prevent the furnishing of Spain from those parts with materials for shipping which occasioned a great discontent in those of Hamburgh for that their Neighbors of Lubeck and other Towns of the East Sea were free from this restraint insomuch that they resolved to force their passage by a Fleet of Fifty or threescore sail of Ships Whereupon the Lord Admiral informed the Council that his Majesties charge at Hamburgh was expended to little purpose except also the Sound could be shut up against all shipping that should carry prohibited Commodities especially since the Hamburgers send their Commodities by Land to Lubeck to be transported from thence into Spain and that the States and the King of Denmarks Ships are departed from the Elbe and have left the English alone Moreover the King prepared a Royal Fleet which was now at Portsmouth ready to put to Sea under the command of the Lord Willoughby and given out to be designed for Barbary The King of Denmark having put forth a Declaration of the Causes and Grounds wherefore he took up Arms against the Emperor declared one cause thereof to be FOrasmuch as the Elector Palatine by the procurement of the King of Great Britain and him the King of Denmark had offered his Submission to his Imperial Majesty and to crave Pardon and thereupon was in hopes to have his Patrimony with the Dignities of his Ancestors restored Yet notwithstanding the Emperor did still commit great spotles and acts of hostility in his Countrey giving no regard to the said Submission and had much damnified the Lower Saxony by the Forces which he had brought thither under Tilly. Whereupon he sayes the Princes of the Lower Saxony have desired the aid and assistance of him the King of Denmark to settle the Peace and Liberty of Germany who was resolved to take up Arms and with whom he was resolved for to joyn having the like assurance from the King of Great Britain who had déeply engaged to assist in this War for the restitution of the Elector Palatine Therefore the King of Denmark declares That séeing all Prayers Mediations and Accessions cannot prevail with his Imperial Majesty he will endeavor to procure a peace and settlement by force which he should have béen glad would have béen ordained unto him upon fair terms of Treaty In the beginning of the year divers Towns were taken by the King of Denmark and some retaken by Tilly but the Seven and twentieth of August decided the Controversie on which day the King of Denmark upon the approach of Tilly desiring to decline battel with the Emperors old Soldiers many of his own men being new levied Soldiers endeavored to make his retreat but Tilly followed so close his Rear-guard that he kept them in continual action till the King of Denmark saw no remedy but that he must either fight or lose the Rear of his Army and Train of Artillery Whereupon his Commanders advised him to resolve of a place of advantage and face about and give battel which accordingly they did and both Armies drew up near Luttern
man that would not depend upon him among other men had me in his eye for not stooping unto him so as to become his Vassal I that had learned a Lesson which I constantly hold To be no mans servant but the Kings for mine Old Royal Master which is with God and mine own Reason did teach me so went on mine own ways although I could not but observe That so many as walked in that path did suffer for it upon all occasions and so did I nothing wherein I moved my Master taking place which finding so clearly as if the Duke had set some ill character upon me I had no way but to rest in patience leaving all to God and looking to my self as warily as I might But this did not serve the turn his undertakings were so extraordinary That every one that was not with him was presently against him and if a hard opinion were once entertained there was no place left for satisfaction or reconciliation What befel the Earl of Arundel and Sir Randal Crew and divers others I need not to report and no man can make doubt but he blew the Coals For my Self there is a Gentleman called Sir H. S. who gave the first light what should befal me This Knight being of more livelihood then wisdom had married the Lady D. Sister to the now Earl of E. and had so treated her that both for safeguard of her Honor blemished by him scandalously and for her Alimony or maintenance being glad to get from him she was inforced to endure a Suit in the High Commission Court So to strengthen his party he was made known to the Duke and by means of a Dependant on his Grace he got a Letter from the King That the Commissioners should proceed no further in hearing of that Cause by reason that it being a difference between a Gentleman and his Wife the Kings Majesty would hear it himself The Solicitor for the Lady finding that the course of Justice was stopped did so earnestly by Petition move the King that by another Letter there was a relaxation of the former restraint and the Commissioners Ecclesiastical went on But now in the new proceeding finding himself by Justice like enough to be pinched he did publickly in the Court refuse to speak by any Councel but would plead his cause himself wherein he did bear the whole business so disorderly tumultuously and unrespectively that after divers reproofs I was enforced for the Honor of the Court and Reputation of the High Commission to tell him openly That if he did not carry himself in a better fashion I would commit him to Prison This so troubled the yong Gallant that within few days after being at Dinner or Supper where some wished me well he bolted it out That as for the Archbishop the Duke had a purpose to turn him out of his place and that he did but wait the occasion to effect it Which being brought unto me constantly by more ways then one I was now in expectation what must be the issue of this great mans indignation which fell out to be as followeth There was one Sibthorpe who not being so much as a Batchellor of Arts as it hath been credibly reported unto me by means of Doctor Peirce Dean of Peterborough being Vice-Chancellor of Oxford did get to be conferred upon him the Title of a Doctor This man is Vicar of Brackley in Northamptonshire and hath another Benefice not far from it in Buckinghamshire But the lustre of his Honor did arise from being the Son-in-law of Sir Iohn Lamb Chancellor of Peterborough whose Daughter he married and was put into the Commission of Peace When the Lent Assizes were in February last at Northampton the man that Preached before the Judges there was this worthy Doctor where magnifying the Authority of Kings which is so strong in the Scripture that it needs no flattery any ways to extol it he let fall divers Speeches which were distasteful to the Auditors and namely That they had power to put Poll-Money upon their Subjects heads when against those challenges men did frequently mourn He being a man of a low Fortune conceived that the putting his Sermon in Print might gain favor at Court and raise his Fortune higher on he goeth with the Transcribing of his Sermon and got a Bishop or two to prefer this great Service to the Duke and it being brought unto the Duke it cometh in his head or was suggested unto him by some malicious body that thereby the Archbishop might be put to some remarkable strait For if the King should send the Sermon unto him and command him to allow it to the Press one of these two things would follow That either he should Authorize it and so all men that were indifferent should discover him for a base and unworthy Beast or he should refuse it and so should fall into the Kings indignation who might pursue it at his pleasure as against a man that was contrary to his service Out of this Fountain flowed all the Water that afterwards so wet In rehearsing whereof I must set down divers particulars which some man may wonder how they should be discovered unto me But let it suffice once for all that in the word of an honest man and of a Bishop I recount nothing but whereof I have good warrant God himself working means The matters were revealed unto me although it be not convenient that in this Paper I name the manner how they came unto me least such as did by well-doing further me should receive blame for their labor Well! resolved it is That I must be put to it and that with speed and therefore Mr. William Murrey Nephew as I think unto Mr. Thomas Murrey sometimes Tutor unto Prince Charls and the yong man now of the Kings Bed-chamber is sent unto me with the Written Sermon of whom I must say That albeit he did the King his Masters business yet he did use himself temperately and civilly unto me For avoiding of inquit and inquam as Tully saith I said this and he said that I will make it by way of Dialogue not setting down every days conference exactly by it self but mentioning all things of importance in the whole yet distinguishing of times where for the truth of the Relation it cannot be avoided Murrey My Lord I am sent unto you by the King to let you know that his pleasure is That whereas there is brought unto him a Sermon to be Printed you should allow this Sermon to the Press Archb. I was never he that authorised Books to be Printed for it is the work of my Chaplains to read over other mens writings and what is fit to let it go what is unfit to expunge it Murrey But the King will have you your self to do this because he is minded that no Books shall be allowed but by you and the Bishop of London And my Lord of London authorised one the other day Cousens
to his duty To this Sir Thomas Darnell replied That such words never came into his thoughts And did humbly pray they might make no impression upon the Court to the disparagement of his Cause for he was accused of that he was in no manner guilty of Upon which Sir Nicholas Hide Chief Justice said That he had made a fair and temperate Answer And you may perceive said the Chief Justice the upright and sincere proceedings which have been in this business You no sooner moved for a Habeas Corpus but it was granted you you no sooner desired Council but they were assigned you though any Council might move for you without being assigned and should have had no blame for it The Kings pleasure is his Law should take place and be executed and for that do we sit here And whether the Commitment be by the King or others this Court is the place where the King doth sit in person to do right if injury be done And we have power to examine it and if it appear that any man hath wrong done him by his Imprisonment we have power to deliver and discharge him if otherwise he is to be remanded by us to Prison again And the Attorney-General after the Chief Justice had spoken said Though this be a Case which concerns the King in an high degree yet he hath been so gracious and so just as not to refuse the Examination and Determination thereof according to the Laws of the Kingdom Then the Court proceeded to hear the Arguments made in the Prisoners behalf Mr. Noy argued for Sir Walter Earl Serjeant Bramston for Sir Iohn Heveningham Mr. Selden for Sir Edward Hampden Mr. Calthrop for Sir Iohn Corbet who were all assigned of Council with the Prisoners by the Court of Kings-Bench upon a Petition delivered by them to that purpose After they had argued Mr. Attorney had a day appointed to argue for the King It is not our intention to take up the Readers time with the Arguments at large either by the one side or the other We shall only hint unto you some generals chiefly concerning the form of the Return of the Writ The first Exception taken by the Council for the imprisoned Gentlemen was to the form of the Return 1. For that the Return is not positive but referred to the signification made by another by the Lords of the Council 2. The Keepers of the Prisons have not return'd the Cause of the Commitment but the Cause of the Cause which they held not to be good 3. That the Return of the Commitment is imperfect for that it sheweth onely the Cause of the detaining in Prison and not the Cause of the first Commitment Lastly That the Return is contradictory in it self For that in the first part thereof it is certified that the detaining of those Gentlemen in Prison is per speciale mandatum Domini Regis And when the Warrant of the Lords of the Council is shewn it appeareth that the Commitment is by the command of the King signified by the Lords of the Council The second general Exception was to the matter of the Return and that was touching the Imprisonment per speciale mandatum Domini Regis by the Lords of the Council without any Cause expressed Wherefore said Mr. Selden by the constant and setled Laws of this Kingdom without which we have nothing no man can be justly imprisoned either by the King or Council without a Cause of the Commitment and that ought to be expressed in the Return The Law saith expresly No Free-man shall be imprisoned without due Process of the Law Nullus liber homo capiatur vel imprisonetur nisi per legem terrae c. And in the Charter of King Iohn there are these words Nec eum in carcerem mittimus We will not commit him to Prison that is The King himself will not This right said Serjeant Bramston is the onely means that a Subject hath whereby to obtain his Liberty and the end of it is to return the Cause of the Imprisonment that it may be examined in this Court whether the parties ought to be discharged or not Which cannot be done upon this Return for the Cause of the Imprisonment is so far from appearing particularly by it that there is no Cause at all expressed And the Writ requires that the Cause of the Imprisonment should be returned and the Cause ought to be expressed so far as that it ought to be none of those Causes for which by the Laws of the Kingdom the Subject ought not to be imprisoned and it ought to be expressed that it was by Presentment or Indictment or upon Petition or Suggestion made unto the King For said he observe but the consequence If those Gentlemen who are committed without any Cause shewn should not be bailed but remanded the Subjects of the Kingdom may be restrained of their Liberty for ever and by Law there can be no remedy We shall not reflect upon the present time and Government but we are to look what may betide us in time to come hereafter The Laws are called the great Inheritance of every Subject and the Inheritance of Inheritances without which we have nothing that deserves the name of Inheritance If upon a Habeas Corpus a Cause of Commitment be certified then said Mr. Noy the Cause is to be tryed before your Lordships but if no Cause be shewn the Court must do that which standeth with Law and Justice and that is to deliver the party The Commons did complain in Ed. 3. his time that the great Charter and other Statutes were broken They desired that for the good of himself and his people they may be kept and put in execution and not infringed by making any Arrest by special command or otherwise And the Answer which was given them was this That the said great Charter and other Statutes should be put in execution according to the Petition without disturbance of Arrests by special command And the King granteth the Commons desire in the same words as they were expressed in their Petition And afterwards complaining again That notwithstanding this Answer of the King they were imprisoned by special command without Indictment or other legal course of Law The Kings Answer was upon another Petition unto him That he was therewith well pleased And for the future he added further If any man be grieved let him complain and right shall be done And forasmuch as it doth not appear to the Court that there was any Cause of the Commitment of these Members no Charge against them no Indictment or Process according to the Laws Wherefore Mr. Noy prayed they might be no longer detained in Prison but be bailed or discharged Admit the Commitment of the Command of the King was lawful yet said Mr. Calthorp when a man hath continued in prison a reasonable time he ought to be brought to answer and not to continue still in prison without being brought to answer For that it appeareth
the Judges justly refused it but if the Judges did intend it we sit not here said he to answer the trust we are sent for if we present not this matter to his Majesty Let this business be further searched into and see how this Judgement lies against us and what the Judges do say concerning the same Sir Edw. Cook proceeded and said This Draught of the Judgement will sting us quia nulla causa fuit ostenta being committed by command of the King therefore he must not be bailed What is this but to declare upon Record that any Subject committed by such absolute command may be detained in Prison for ever What doth this tend to but the utter subversion of the choise Liberty and Right belonging to every free-born Subject of this Kingdom I fear were it not for this Parliament that followed so close after that form of Judgement was drawn up there would have been hard putting to have had it entred But a Parliament brings Judges Officers and all men in good order The Commons afterwards upon further debates of this matter desired that the Judges of the Kings-Bench might declare themselves concerning this business which was done accordingly and though it be a little out of time yet for coherence sake we bring it in here Judge Whitlock spake thus My Lords We are by your appointment here ready to clear any Aspersion of the House of Commons in their late presentment upon the Kings-Bench that the Subject was wounded in the Judgement there lately given If such a thing were My Lords your Lordships not they have the power to question and judge the same But My Lords I say there was no Judgement given whereby either the Prerogative might be enlarged or the Right of the Subject trenched upon It is true my Lords in Mich Tearm last four Gentlemen Petitioned for a Habeas Corpus which they obtained and Counsel was assigned unto them the Return was per speciale mandatum Domini Regis which likewise was made known to us under the Hands of Eighteen Privy-Councellors Now my Lords if we had delivered them presently upon this it must have been because the King did not shew cause wherein we should have judged the King had done wrong and this is beyond our knowledge for he might have committed them for other matters then we could have imagined but they might say thus they might have been kept in Prison all their dayes I answer no but we did remit them that we might better advise of the matter and they the next day might have had a a new Writ if they had pleased But they say we ought not to have denied bail I answer if we had done so it must needs have reflected upon the King that he had unjustly imprisoned theâ— And it appears in Dyer 2 Eliz. that divers Gentlemen being commâ—â—â—d and requiring Habeas Corpus some were bailed others remitted whereby it appears much is left to the discretion of the Judges For that which troubleth so much remittitur quousque This my Lords was onely as I said before to take time what to do and whereas they will have a difference between remittitur remittitur quousque My Lords I confess I can finde none but these are new inventions to trouble old Records And herein my Lords we have dealt with knowledge and understanding for had we given a Judgement the party must thereupon have rested every Judgement must come to an issue in matter in fact or demur in point of Law here is neither therefore no Judgement For endeavoring to have a Judgement entred it is true Mr Attorney pressed the same for his Majesties Servies But we having sworn to do right between his Majesty and his Subjects commanded the Clerk to make no Entry but according to the old form and the Rule was given by the Chief Justice alone I have spent my time in this Court and I speak confidently I did never see nor know by any Record that upon such a Return as this a man was bailed the King not first consulted with in such a Case as this The Commons House do not know what Letters and Commands we receive for these remain in our Court and are not viewed by them For the rest of the matters presented by the House of Commons they were not in agitation before us whether the King may commit and how long he may detain a man committed Therefore having answered so much as concerneth us I desire your Lorships good Construction of what hath been said Judge Doderidge concerning the same Subject said It is no more fit for a Judge to decline to give an accompt of his doings then for a Christian of his Faith God knoweth I have endeavored alwayes to keep a good Conscience for a troubled one who can bear The Kingdom holds of none but God and Judgements do not pass privately in Chambers but publickly in Courts where every one may hear which causeth Judgement to be given with maturity Your Lordships have heard the Particulars given by my brother how that Counsel being assigned to those four Gentlemen in the latter end of Mich. Term their Cause received hearing and upon consideration of the Statutes and Records we found some of them to be according to the good old Law of Magna Charta but we thought that they did not come so close to this Case as that bail should be thereupon presently granted My Lords the Habeas Corpus consisteth of three parts The Writ the Return upon the Writ or Schedule and the Entry or Rule reciting the Habeas Corpus and the Return together with the opinion of the Court either a remittitur or a traditur in Ballium In this Case a remittitur was granted which we did that we might take better advisement upon the Case and upon the remittitur My Lords they might have had a new Writ the next day and I wish they had because it may be they had seen more and we had been eased of a great labour And my Lords when the Attorney upon the Remittitur pressed an Entry we all straitly charged the Clerk that he should make no other Entry then such as our Predecessors had usually made in like Cases For the difference between Remittitur and Remittitur quousque I could never yet finde any I have now sate in this Court 15 years and I should know something surely if I had gone in a Mill so long dust would cleave to my clothes I am old and have one foot in the Grave therefore I will look to the better part as near as I can But Omina habere in memoria in nullo errare Divinum potius est quà m humà num The Lord Chief Justice Hide and Justice Iones delivered their opinions much to the same purpose The House proceeded in further debate of the Liberty of the Subject Mr Hackwel resumes the Debate of the matter concerning the Habeas Corpus The late Judgement said he which lies in Bar is
onely an Award and no Judgement and in the L. Chief Justice his Argument there was no word spoken that the King might commit or detain without cause For the King to commit a man is indignum Regi Mercy and Honor flow immediately from the King Judgement and Justice are his too but they flow from his Ministers the Sword is carried before him but the Scepter in his hands These are true Emblems of a good King The Law admits not the King power of detaining in Prison at pleasure In antient times Prisons were but pro custodia carceres non ad poenam sed ad custodiam Admit the King may commit a man yet to detain him as long as he pleaseth is dangerous and then a man shall be punished before his offence Imprisonment is a Maceration of the body and horror to the minde it is vita pejor morte Mr Selden last of all produced the Statutes Presidents and Book-Cases which were expresseâ— in point to the Question in hand and the House commanded that Case in the Lord Chief Justice Andersons Book all of his own hand-writing to be openly read And for the Presidentâ— cited by the Kings Council in 34 years of the Queen as the Opinion of all the Judges certainly there was a great mistake in it and the mistake was the greater when it passed as currant by the Judges of the Kings-Bench in the last Case of the Habeas Corpus And that the truth of the Opinion may clearly appear let us read the words out of the Lord Chief Justice Andersons Report out of the Book written with his own hand which will contradict all those Apocrypha Reports that go upon the Case The words of the Report were these Divers persons fueront committes a several temps a several prysons sur pleasure sans bon cause parte de queux estiant amesnes en banck le Roy. Et parte en le Commune banck fuerunt accordant a le ley de la terre mise a large discharge de le imprisonment pur que aucunt grands fueront offendus procure un commandment a les Iudges que ils ne fera ainsi apres Ceo nient meins les Iudges ne surcease mes per advise enter eux ils fesoint certain Articles le tenour de queux ensus deliver eux al seignieurs Chancelor Treasurer eux subscribe avec touts lour mainies les Articles sont come erisnoint We her Majesties Iustices of both Benches and Barons of the Exchequer desire your Lordships that by some good means some order may be taken that her Highness Subjects may not be committed or detained in prison by commandment of any Noble man or Councellor against the Laws of the Realm either else to help us to have access to her Majesty to the end to become Suitors to her for the same for divers have been imprisoned for suing ordinary Actions and Suits at the Common-Law until they have been constrained to leave the same against their wills and put the same to order albeit Iudgement and Execution have been had therein to their great losses and griefs for the aid of which persons her Majesties Writs have sundry times been directed to sundry persons having the Custody of such persons unlawfully imprisoned upon which Writs no good or lawfull cause of imprisonment hath been returned or certified Whereupon according to the Laws they have been discharged of their imprisonment some of which persons so delivered have been again committed to prison in secret places and not to any common or ordinary Prison or lawfull Officer or Sheriff or other lawfully authorized to have or keep a Goal So that upon complaint made for their delivery the Queens Courts cannot tell to whom to direct her Majesties Writs and by this means Iustice cannot be done And moreover divers Officers and Serjeants of London have been many times committed to Prison for lawfull executing of her Majesties Writs sued forth of her Majesties Court at Westminster and thereby her Majesties Subjects and Officers are so terrified that they dare not sue or execute her Majesties Laws her Writs and Commandments Divers others have been sent for by Pursevants and brought to London from their dwellings and by unlawfull imprisonment have been constrained not only to withdraw their lawfull suits but have been also compelled to pay the Pursevants so bringing such persons great sums of money All which upon complaint the Iudges are bound by Office and Oath to relieve and help by and according to her Majesties Laws And where it pleaseth your Lordships to will divers of us to set down in what Cases a Prisoner sent to custody by her Majesty or her Councel are to be detained in Prison and not to be delivered by her Majesties Court or Iudges We think that if any person be committed by her Majesties command from her person or by order from the Council board and if any one or two of her Council commit one for high Treason such persons so in the Cases before committed may not be delivered by any of her Courts without due Trial by the Law and Iudgement of acquittal had Nevertheless the Iudges may award the Queens Writ to bring the bodies of such Prisoners before them and if upon return thereof the causes of their commitment be certified to the Iudges as it ought to be then the Iudges in the Cases before ought not to deliver him but to remand the Prisoner to the place from whence he came which cannot conveniently be done unless notice of the cause in general or else in special be given to the Keeper or Goaler that shall have the Custody of such a Prisoner All the Iudges and Barons did subscribe their names to these Articles Ter. Paschae 34 Eliz. and delivered one to the L. Chancellor and another to the L. Treasurer after which time there did follow more quietness then before in the Cause before mentioned After the reading of this Report Sir Edw. Cook said That of my own knowledge this Book was written with my L. Andersons own hand it is no flying report of a young Student I was Solicitor then and Treasurer Burley was as much against Commitment as any of this Kingdom It was the White Staves that made this stir Let us draw towards a conclusion The Question is whether a Feeman can be imprisoned by the King without setting down the cause I leave it as bare as Aesops Crow they that argue against it Humores moti non remoti corpus destruunt It is a Maxime the Common-Law hath admeasured the Kings Prerogative that in no Case it can prejudice the Inheritance of the Subjects had the Law given the Prerogative to that which is taken it would have set some time to it else mark what would follow I shall have an Estate of Inheritance for life or for years in my Land or propriety in my Goods and I shall be a Tenant at will for my liberty I shall have
full of truth and confidence in your Royal Word and Promise as ever House of Commons reposed in any of their best Kings True it is they cannot but remember the publique Trust for which they are accomptable to present and future times and their desires are That your Majesties goodness might in Fruit and Memory be the Blessing and Joy of Posterity They say also That of late there hath been publique violation of the Laws and the Subjects Liberties by some of your Majesties Ministers and thence conceive that no less then a publique remedy will raise the dejected hearts of your loving Subjects to a chearful supply of your Majesty or make them receive content in the proceedings of this House From those considerations they most humbly beg your Majesties leave to lay hold of that gratious offer of yours which gave them assurance That if they thought fit to secure themselves in their Rights and Liberties by way of Bill or otherwise so it might be provided with due respect to Gods Honor and the publique Good you would be graciously pleased to give way unto it Far from their intentions it is any way to incroach upon your Soveraignty or Prerogative nor have they the least thought of stretching or enlarging the former Laws in any sort by any new Interpretations or Additions the Bounds of their desires extend no further then to some necessary Explanation of that which is truly comprehended within the just sense and meaning of those Laws with some moderate provision for execution and performance as in times past upon like occasion hath been used The way how to accomplish these their humble desires is now in serious consideration with them wherein they humbly assure your Majesty they will neither lose time nor seek any thing of your Majesty but that they hope may be fit for Dutiful and Loyal Subjects to ask and for a gracious and just King to grant His Majesties Answer was delivered by the Lord Keeper Mr. Speaker and you Gentlemen of the House of Commons His Majesty hath commanded me to tell you that he expected an Answer by your Actions and not delay by Discourse ye acknowledge his Trust and Confidence in your proceedings but his Majesty sees not how you requite him by your confidence of his Word and Actions For what need Explanations if ye doubted not the performance of the true meaning for Explanations will hazard an incroachment upon his Prerogative And it may well be said What need a new Law to confirm an old if you repose confidence in the Declaration his Majesty made by me to both Houses and your selves acknowledge that your greatest trust and confidence must be in his Majesties Grace and Goodness without which nothing ye can frame will be of safety or avail to you Yet to shew cleerly the sincerity of his Majesties intentions he is content that a Bill be drawn for a confirmation of Magna Charta and the other six Statutes insisted upon for the Subjects Liberties if ye shall choose that as the best way but so as it may be without Additions Paraphrases or Explanations Thus if you please you may be secured from your needless fears and this Parliament may have a happy wished for end whereas by the contrary if ye seek to tie your King by new and indeed impossible bonds you must be accomptable to God and the Countrey for the ill success of this meeting His Majesty hath given his Royal Word that ye shall have no cause to complain hereafter less then which hath been enough to reconcile Great Princes and therefore ought much more to prevail between a King and his Subjects Lastly I am commanded to tell you that his Majesties pleasure is That without further Replies or Messages or other unnecessary delays ye do what ye mean to do speedily remembring the last Message that Secretary Cook brought you in point of time His Majesty always intending to perform his Promise to his power NOtwithstanding the intimation of his Majesties good pleasure for a Bill Mr. Secretary Cook Tuesday May 6. again pressed the House to relye upon the Kings Word saying That he had rather follow others then begin to enter into this business loss of time hath been the greatest complaint the matter fallen now into consideration is what way to take whether to relye on his Majesties Word or on a Bill If we will consider the advantage we have in taking his Majesties Word it will be of the largest extent and we shall choose that that hath most Assurance An Act of Parliament is by the consent of the King and Parliament but this Assurance by Word is that he will govern us by the Laws the King promiseth that and also that they shall be so executed that we shall enjoy as much freedom as ever this contains many Laws and a grant of all good Laws nay it contains a confirmation of those very Laws Assurance which binds the King further then the Law can First it binds his affection which is the greatest bond between King and Subject and that binds his Judgement also nay his Honor and that not at home but abroad the Royal Word of a King is the Ground of all Treaty nay it binds his Conscience this Confirmation between both Houses is in nature of a Vow for my part I think it is the greatest advantage to relie on his Majesties Word He further added this Debate was fitter to be done before the House and not before the Committee and that it was a new Course to go to a Committee of the whole House Whereunto it was replied by Sir Iohn Elliot That the proceeding in a Committee is more Honorable and advantagious to the King and the House for that way leads most to Truth and it is a more open way and where every man may adde his reason and make answer upon the hearing of other mens Reasons and Arguments This being the general Sense the House was turned into a Committee to take into consideration what was delivered to the King by the Speaker and what was delivered to them by the Lord Keeper and all other Messages and the Committee was not to be bounded with any former order the Key was brought up and none were to go out without leave first asked In the Debate of this business at the Committee some were for letting the Bill rest but Sir Edward Cooks reasons prevailed to the contrary Was it ever known said he that general words were a sufficient satisfaction to particular grievances was ever a verbal Declaration of the King verbum Regni when grievances be the Parliament is to redress them Did ever Parliament relie on Messages they put up Petitions of their Grievances and the King ever answered them the Kings Answer is very gracious but what is the Law of the Realm that is the question I put no diffidence in his Majesty the King must speak by a Record and in Particulars and not in General Did you ever
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
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
Laud look to thy self be assured thy life is sought as thou art the fountain of wickedness repent of thy monstrous sins before thou be taken out of the world and assure they self neither God nor the world can endure such a vile Counsellor or whisperer to live The other was as bad against the L. Treasurer Weston The King purposing to proceed against the Members of the House of Commons who were committed to Prison by him in the Star-Chamber caused certain Questions to be proposed to the Judges upon the 25 of April WHereupon all the Judges met at Sergeants-Inne by command from his Majesty where Mr. Atturney proposed certain Questions concerning the offences of some of the Parliament-men committed to the Tower and other prisons at which time one Question was proposed and resolved viz. That the Statute of 4 H. 8.8 intituled An Act concerning Richard Strode was a particular Act of a Parliament and extended onely to Richard Strode and to those persons that had joyned with him to prefer a Bill to the House of Commons concerning Tynners And although the Act be private and extendeth to them alone yet it was no more then all other Parliament-men by priviledge of house ought to have viz. Freedom of speech concerning those matters debated in Parliament by a Parliamentary course The rest of the Questions Mr. Atturney was wished to set down in writing against another day Upon Munday following all the Judges met again and then Mr. Atturney proposed these Questions 1. Whether if any Subject hath received probable Information of any Treason or treacherous attempt or intention against the King or State that Subject ought not to make known to the King or his Majesties Commissioners when thereunto he shall be required what Information he hath received and the grounds thereof to the end the King being truly informed may prevent the danger And if the said Subject in such Case shall refuse to be examined or to answer the Questions which shall be demanded of him for further inquiry and discovery of the truth whether it be not a high contempt in him punishable in the Star-Chamber as an offence against the general Iustice and Government of the Kingdom Sol. The resolution and answer of all the Justices That it is an offence punishable as aforesaid so that this do not concern himself but another nor draw him to danger of Treason or contempt by his answer 2. Whether it be a good answer or excuse being thus interrogated and refusing to answer to say That he was a Parliament-man when he received this Information and that he spake thereof in the Parliament-house and therefore the Parliament being now ended he refused to answer to any such Questions but in the Parliament-house and not in any other place Sol. To this the Judges by advise privately to Mr. Atturney gave this Answer That this excuse being in Nature of a Plea and an errour in judgement was not punishable until he were over-ruled in an orderly manner to make another answer and whether the party were brought in Ore tenus or by Information for this Plea he was not to be punished 3. Whether a Parliament-man committing an offence against the King or Council not in a Parliament way might after the Parliament ended he punished or not Sol. All the Judges una voce answered He might if he be not punished for it in Parliament for the Parliament shall not give priviledge to any contra morem Parliamentarium to exceed the bounds and limits of his place duty And all agreed That regularly he cannot be compelled out of Parliament to answer things done in Parliament in a Parliamentary course but it is otherwise where things are done exorbitantly for those are not the Acts of a Court. 4. Whether if one Parliament-man alone shall resolve or two or three shall covertly conspire to raise false slanders and rumours against the Lords of the Council and Iudges not with intent to question them in a Legal course or in a Parliamentary way but to blast them and to bring them to hatred of the people and the Government in contempt be punishable in the Star-Chamber after the Parliament is ended Sol. The Judges resolve that the same was punishable out of Parliament as an offence exorbitant committed in Parliament beyond the office and besides the duty of a Parliament-man There was another Question put by Mr. Atturney viz. Whether if a man in Parliament by way of digression and not upon any occasion arising concerning the same in Parliament shall say The Lords of the Council and the Judges had agreed to trample upon the Liberty of the Subject and the priviledges of Parliament he were punishable or not The Judges desired to be spared to make any answer thereunto because it concerned themselves in particular The next day Mr. Atturny put the Judges another Case It is demanded of a Parliament-man being called Ore tenus before the Court of Star-Chamber being charged that he did not submit himself to examination for such things as did concern the King and the Government of the State and were affirmed to be done by a third person and not by himself if he confess his hand to that refusal and make his excuse and plead because he had priviledg of Parliament Whether the Court will not over-rule this plea as erronious and that he ought to make a further answer It is the justest way for the King and the party not to proceed Ore tenus because it being a point in Law it is fit to hear Counsel before it be over-ruled and upon an Ore tenus by the Rules of Star-Chamber Counsel ought not to be admitted and that it would not be for the Honor of the King nor the safety of the subject to proceed in that manner Pasca 5 Car. upon a Habeas Corpus of this Court to bring the body of William Stroud Esq with the cause of his imprisonment to the Marshal of the Kings Bench It was returned in this manner That Mr. William Stroud was committed under my custody by vertue of a certain Warrant under the hands of twelve of the Lords of the Privy-Council of the King the tenor of which Warrant followeth in these words YOu are to take knowledge that it is his Majesties pleasure and commandment that you take into your custody the Body of William Stroud Esq and keep him close prisoner till you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated this 2 of April 1629. And the direction of the Warrant was To the Marshal of the Kings Bench or his Deputy He is also detained in prison by vertue of a Warrant under his Majesties hand the tenor of which Warrant followeth in these words C.R. WHereas you have in your custody the Body of William Stroud Esq by Warrant of Our Lords of our Privy-Council by Our special Command you are to take notice that this
and condition he died in Summer 1658. being about the age of seventy years Trinity 5. Car. Banco Regis The first day of this Term upon a Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of Iohn Selden Esq with the cause of Detencer he returned the same cause as was in Mr. Stroods Case And Mr. Littleton of the Inner-Temple of Counsel with Mr. Selden moved that the Return was insufficient in substance therefore pray'd that he might be bayled and said that it was a matter of great consequence both to the Crown of the King and to the Liberty of the Subject But as for the difficulty of Law contained in it he said under favour the Case cannot be said Grand And so proceeded to his Argument which for the Reasons before mentioned we have postponed and concluded that the Prisoner ought to be bailed The same day Sir Miles Hubbord Benjamin Valentine Denzil Holles Esq were at the Bar upon the Habeas Corpus directed to several Prisons And their Counsel were ready at the Bar to have argued the Case for them also But because the same Return was made for them as for Mr. Selden they all Declared they would rely on this Argument made by Mr. Littleton Some few days after Sir Robert Heath the Kings Atturney General argued that this Return was good and that Mr. Selden and the rest of the parties ought not to be bailed and that within the Return there appears good cause of their commitment and of their detaining also He said The Case is great in expectation consequence and concerns the Liberty of the Subject on one part whereof the Argument is plausible and on the other part it concerns the safety and Soveraignty of the King which he said is a thing of greater weight and that the consideration of both pertains to you the Judges without flighting the one or too much elevating the other and so proceeded to his Argument of which more at large hereafter and concluded that the Prisoners ought to be remanded When the Court was ready to have delivered their opinions in this great business the Prisoners were not brought to the Bar according to the Rule of the Court. Therefore Proclamation was made for the keepers of the several Prisons to bring in their Prisoners but none of them appeared but the Marshal of the Kings Bench who informed the Court that Mr. Strood who was in his custody was removed yesterday and put in the Tower of London by the Kings own warrant and so it was done with the other Prisoners for each of them was removed out of his prison in which he was before But notwithstanding it was pray'd by the Counsel for the Prisoners that the Court would deliver their opinion as to the matter in Law but the Court refused to do that because it was to no purpose for the Prisoners being absent they could not be bailed delivered or remanded The evening before there came a Letter to the Judges of this Court from the King himself informing the Court with the Reasons wherefore the Prisoners were not suffered to come at the day appointed for the resolution of the Judges These were the words of the Letter To our Trusty and welbeloved Our Chief Justice and the rest of Our Justices of Our Bench. C. R. TRusty and welbeloved we Greet you well Whereas by our special commandment we have lately removed Sir Miles Hubard Walter Long and William Stroud from the several prisons where they were formerly committed and have now sent them to our Tower of London understanding there are various constructions made thereof according to the several apprehensions of those who discourse of it as if we had done it to decline the course of Iustice We have therefore thought fit to let you know the true Reason and occasion thereof as also why we commanded those and the other Prisoners should not come before you the last day We having heard how most of them a while since did carry themselves insolently and unmannerly both towards us and your Lordships were and are very sensible thereof and though we hear your selves gave them some admonition for that miscariage yet we could not but resent our Honour and the Honour of so great a Court of Iustice so far as to let the world know how much we dislike the same And having understood that your Lordships and the rest of our Iudges and Barons of our Court of Common Pleas and Exchequer whose advices and judgments we have desired in this great business so much concerning our Government have not yet resolved the main Question we did not think the presence of those Prisoners necessary and until we should find their temper and discretions to be such as may deserve it we were not willing to afford them favour Nevertheless the respect we bear to the proceedings of that Court hath caused us to give way that Selden and Valentine should attend you tomorrow they being sufficient to appear before you since you cannot as yet give any resolute opinion in the main point in Question Given under our Signet at Our Mannor at Greenwich this 24 Iunii in the 5 yeer of our Reign Within three hours after the receit of those Letters other Letters were brought unto the said Judges as followeth To Our trusty and well-beloved Our Chief Justices and the rest of Our Justices of Our Bench. C. R. TRusty and well-beloved we greet you well Whereas by our Letters of this days date we gave you to understand our pleasure That of those prisoners which by our Commandment are kept in our Tower of London Selden and Valentine should be brought tomorrow before you now upon more mature Deliberation we have resolved That all of them shall receive the same treatment and that none shall come before you until we have cause given us to believe they will make a better demonstration of their Modesty and Civility both towards us and your Lordships then at their last appearance they did Given under our Signet at our Mannor at Greenwich this 24 day of Iune in the fifth year of our Reign So the Court this Term delivered no opinion and the imprisoned Gentlemen continued in restraint all the long Vacation Note That in this Term a Habeas Corpus was prayed to the Pursevant of Arms for four Constables of Hertfordshire to whose custody they were committed by the Lords of the Privy-Council and the Habeas Corpus was granted on their behalf but then they were committed to the Custody of other Pursevants and so upon every Habeas Corpus they were removed from Pursevant to Pursevant and could have no fruit of their Habeas Corpus all this Term. There wanted not some who upon the Kings dissolution of this Parliament and his ill success in two former Parliaments did advise that his Majestie for the future might be no more troubled with the impertinencies of Parliaments holding out for example the like
discontinuance of assembling the three Estates in France which was in time about four years before the blazing Star by Lewis the eleventh King of France who by reason the third Estate representing the Commons did incroach as he declared too much upon the Clergie and Nobility the King dissolved that Parliament of the three Estates and never had a free Election of the third Estate afterwards but ordained another kind of meeting instead thereof which is called L' assembli des Notables An assembly of certain eminent persons of his own Nomination whereunto he added some Counsellour out of every Court of Parliament there being eight in all in France and being few in number and of his own Nomination would more readily comply with the Kings proposals and not dispute his will and pleasure as the general assembly of three Estates had wont to do when the King trenched upon the liberty and property of the Subject which alteration of the Government as to the third Estate hath ever since exposed the Commons to much vassalage and misery as at this day is apparent by the meanness of their livelyhood and wearing of wooden shoes That which gives us occasion to mention this last particular is a little Tract composed to the said end and purpose and which did this Trinity long Vacation walk abroad and went from hand to hand sometime at Court sometime in the Country and sometime at the Innes of Court which we here set down verbatim in the Appendix that the humour of the Author thereof may be the more clearly discerned and when we come to its proper time and place you shall see what success this Pamphlet had when it was questioned in the Star-Chamber Towards the latter end of his Vacation all the Justices of the Kings Bench being then in the Country received every one of them a Letter to be at Sergeants Inne upon Michaelmas day These Letters were from the Council-Table and the cause expressed in them was That his Majesty had present and urgent occasion to use their service The Judges came up accordingly on Tuesday being Michaelmas day The next morning about four a clock Letters were brought to the chief Justice from Mr. Trumbal Clerk of the Council then attending that he and Judge Whitlock one of the Judges of that Court should attend the King that morning so soon as conveniently they could which the Chief Justice and that Judge did at Hampton that morning where the King taking them apart from the Council fell upon the business of the Gentlemen in the Tower and was contented they should be bayled notwithstanding their obstinacy in that they would not give the King a Petition expressing That they were sorry he was offended with them he shewed his purpose to proceed against them by the common Law in the Kings Bench and to leave his proceeding in the Star-Chamber Divers other matters he proposed to the said Judges by way of advice and seemed well contented with what they answered though it was not to his minde which was That the offences were not capital and that by the Law the prisoners ought to be bailed giving security to the good behaviour whereupon the King told them That he would never be offended with his Judges so they dealt plainly with him and did not answer him by Oracles and Riddles both these Judges did at that time what good office they could to bring the King on to heal this breach The first day of Michaelmas Term it was moved by Mr. Mason to have the Resolution of the Judges and the Court with one voice said That they are now content that they shall be bayled but that they ought to finde sureties also for the good behaviour and Iones Justice said That so it was done in the Case which had been often remembred to another purpose two wit Russels Case in 9 E. 3. To which Mr. Selden answered with whom all the other prisoners agreed in opinion That they have their 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 and that for these Reasons First the Case here had long depended in Court and they have been imprisoned for these thirty weeks and it had been oftentimes argued on the one side and the other and those that argued for the King alwaies demanded that we should be remanded and those which argued on our side desired that we might be bayled or discharged but it was never the desire of the one side or the other that we should be bound to the good behaviour And in the last Term four several days were appointed for the Resolution of the Court and the sole point in question was If baylable or not therefore he now desires that the matter of bayl and of good behaviour may be severed and not conâ—ounded Secondly because the finding of sureties of good behaviour is seldome urged upon Returns of Felonies or Treasons And it is but an implication upon the Return that we are culpable of those matters which are objected 3. We demand to be bayled in point of Right and if it be not grantable of Right we do not demand it but the finding of Sureties for the good behaviour is a point of discretion meerly and we cannot assent to it without great offence to the Parliament where these matters which are surmised by the Return were acted and by the Statute of 4 Hen. 8. all punishments of such nature are made voyd and of none effect Therefore c. Curia The Return doth not make mention of any thing done in Parliament and we cannot in a judicial way take notice that these things were done in Parliament And by Whitlock The surety of good behaviour is as a preventing medicine of the damage that may fall out to the Commonwealth and it is an Act of Government and jurisdiction and not of Law And by Crook It is no inconvenience to the Prisoners for the same bayl sufficeth and all shall be written upon one peece of parchment And Heath Atturney General said That by the command of the King he had an information ready in his hand to deliver in the Court against them Hide Chief Justice If now you refuse to find sureties for the good behaviour and be for that cause remanded perhaps we afterwards will not grant Habeas Corpus for you inasmuch as we are made acquainted with the cause of your imprisonment Ashly the Kings Sergeant offered his own bayl for Mr. Holles one of the Prisoners who had married his daughter and heir But the Court refused it for it is contrary to the course of the Court unless the Prisoner himself will become bound also And Mr. Long that had found sureties in the Chief Justices Chamber for the good behaviour refused to continue his sureties any longer inasmuch as they were bound in a great summe of 2000 l. and the good behaviour was a
sufficient to raise a jealousie against our proceedings in such as were not well acquainted with the sincerity and clearnesse of them There followed another of no lesse skill for although Our proceeding before the Parliament about matters of Religion might have satisfied any moderate men of Our zealous care thereof as we are sure it did the most yet as bad stomachs turn the best things into their own nature for want of good digestion so those distempered persons have done the like of Our good intents by a bad and sinister interpretation For when they did observe that many honest and religious minds in that House did complain of those dangers that did threaten the Church they likewise took the same word in their mouth and their cry likewise was Templum Domini Templum Domini when the true care of the Church never came into their hearts and what the one did out of zeal unto Religion the other took up as a plausible Theam to deprave Our Government as if We Our Clergy and Councill were either senslesse or carelesse of Religion And this wicked practise hath been to make Us seem to walk before Our people as if We halted before God Having by these artifices made a jealous impression in the hearts of many and a day being appointed to treat of the Grant of Tunnage and Poundage at the time prefixed all expresse great willingnesse to grant it But a new strain is found out that it could not be done without great perill to the right of the Subject unlesse We should disclaim any right therein but by grant in Parliament and should cause all those Goods to be restored which upon commandment from Us or Our Councill were stayed by our Officers untill those Duties were paid and consequently should put Our Selves out of the possession of the Tunnage and Poundage before they were granted for else it was pretended the Subject stood not in fit case to grant it A fancy and cavill raised of purpose to trouble the businesse it being evident that all the Kings before named did receive that Duty and were in actuall possession of it before and at the very time when it was granted to them by Parliament And although We to remove all difficulties did from Our Own Mouth in those clear and open tearms that might have satisfied any moderate and well-disposed minds declare That it was Our meaning by the gift of Our people to enjoy it and that we did not challenge it of right but took it de bene esse shewing thereby not the right but the necessity by which We were to take it wherein We descended for their satisfaction so far beneath Our self as We are confident never any of Our Predecessors did the like nor was the like ever required or expected from Them Yet for all this the Bill of Tunnage and Poundage was laid aside upon pretence they must first clear the right of the Subject therein under colour whereof they entertain the complaints not onely of Iohn Rolles a Member of their House but also of Richard Chambers John Fowkes and Bartholomew Gilman against the Officers of Our Customs for detaining their goods upon refusall to pay the ordinary Duty accustomed to be paid for the same And upon these complaints they send for the Officers of the Customes enforcing them to attend day after day by the space of a month together they cause them to produce their Letters Patents under Our Great Seal and the Warrants made by Our Privy Councill for levying of those Duties They examine the Officers upon what questions they please thereby to entrap them for doing Our service and commandment In these and other their proceedings because We would not give the least shew of interruption We endured long with much patience both these and sundry other strange and exorbitant incroachments and usurpations such as were never before attempted in that House We are not ignorant how much that House hath of late years endeavoured to extend their priviledges by setting up generall Committees for Religion for Courts of Justice for Trade and the like a course never heard of untill of late So as where in former timos the Knights and Burgesses were wont to communicate to the House such businesse as they brought from their Countries now there are so many Chairs erected to make enquirie upon all sorts of men where complaints of all sorts are entertained to the unsufferable disturbance and scandall of Justice and Government which having been tolerated a while by Our Father and Our Self hath daily grown to more and more height insomuch that young Lawyers sitting there take upon them to decry the opinions of the Judges and some have not doubted to maintain That the Resolutions of that House must bind the Judges a thing never heard of in Ages past But in this last assembly of Parliament they have taken on them much more then ever before They sent messengers to examine Our Atturney Generall who is an Officer of trust and secrecy touching the execution of some commandements of Ours of which without Our leave first obtained he was not to give account to any but Our Self They sent a captious and directory message to the Lord Treasurer Chancellor and Barrons of the Exchequer touching some judiciall proceedings of theirs in Our Court of Exchequer They sent messengers to examine upon sundry questions Our two Chief Justices and three other of Our Judges touching their judiciall proceedings at the Gaol-Delivery at Newgate of which they are not accountable to the House of Commons And whereas Suits were commenced in Our Court of Star-Chamber against Richard Chambers John Fowks Bartholomew Gilman and Richard Phillips by Our Atturney Generall for great misdemeanours they resolved that they were to have priviledge of Parliament against us for their persons for no other cause but because they had Petitions depending in that House and which is more strange they resolved that a Signification should be made from that House by a Letter to issue under the hand of their Speaker unto the Lord Keeper of Our Great Seal that no attachments should be granted out against the said Chambers Fowks Gilman or Phillips during their said priviledge of Parliament Whereas it is far above the power of that House to give direction to any of Our Courts at Westminster to stop Attatchments against any man though never so strongly priviledged the breach of Priviledge being not in the Court that grants but in the Party or Minister that puts in execution such Attachments And therefore if any such Letter had come to the Lord Keeper as it did not he should have highly offended Us if he had obeyed it Nay they went so far as they spared not the honour of Our Councill-board but examined their proceedings in the case of Our Customers interrogating what this or that man of Our Councill said in direction of them in the businesse committed to their charge And when one of the Members of that House speaking of our
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
that it is but a Finable offence yet by the said Statute those which are imprisoned for open and notorious naughtinesse shall not be bayled the same naughtinesse is there intended high and exorbitant offence 2. It is fit to restrain the prisoners of their liberty that the Common-wealth be not damnifâ—ed It is lawfull to pull down a house to prevent the spreading mischief of fire it is lawfull to restrain a furious man And by the 14 H. 7. a Iustice of peace may restrain one rout Then the restraint of dangerous men to the Common-wealth is justifiable and necessary 24 E. 3.33 p. 25. Sir Thomas Figet went armed in the Palace which was shewed to the Kings Councell wherefore he was taken and disarmed before the chief Iustice shard and committed to the prison and he could not be bayled till the King sent his pleasure and yet it was shewed that the Lord of T. threatned him Out of which case I observe two things First that the Iudge of this Court did cause a man to be apprehended upon complaint made to the Council that is to the Lords of the Privy Council 2. That although he did nothing he is not mayn-pernable untill the King sent his pleasure because he was armed and furiously disposed So here UUherefore I pray that the Prisoners may be sent back again Davenport argued to the same intent and purpose and therefore I will report his Argument briefly 1. He said That the Return here is sufficient The Counsell on the other side have made fractions of this Return and divided it into severall parts whereas the genuine construction ought to have been made upon the entire Return for no violence ought to be offered to the Text. 7 E. 4.20 In false imprisonment the Defendant did iustifie and alledged severall reasons of his justification to wit because a man was killed and that this was in the County of S. and that the common voice and fame was that the Plaintiff was culpable And this was held a good plea although Bryan did there object That the plea was double or treble and the reason was because twenty causes of suspition make but one entire cause and indivisible unity in this ought not to be divided So C. 8.66 Crogates In an action of trespasse the Defendant justifies for severall causes and held good because upon the matter all of them make but one cause C. 8.117 It is said That it is an unjust thing unlesse the whole Law be looked into to judge and answer by propounding any one particular thereof and if it be unjust in the exposition of a Law it is uncivill in a Return to make fractions of it in the construction thereof especially it being a Return for Information and not for Accusation 2. Although the Counsell on the other side have taken this case to be within the Petition of Right yet this is Petitio principii to take that for granted which is the question in debate He said That he would not offer violence to the Petition of Right to which the King had assented and which shall really be performed But the question here is Whether this Return be within it and the Iudges are keepers not masters of this pledge and it seems that this Return is out of the letter and meaning of the said Statute 3. He said That this was the actuall commitment of the Lords of the Privy Councill and the habituall or virtuall commitment of the King But because upon these two matters he put no case nor gave any reason but what had been put or given in the Argument of the grand Habeas corpus Mich. 3 Caroli and afterwards in the House of Commons which was reported to the Lords in the painted Chamber all which Arguments I heard I have here omitted them And for the great respect which the Law gives to the commands of the King he put these cases 7 H. 3. Attachment of waste against the Tenant in Dower and the waste was assigned in the taking of fish out of a pond and the carrying them away The Defendant pleaded That her second husband by the command of the Lord the King took all the fish out of the said pond to the use of the Lord the King and held a good justification which proves that the command of the King there to her husband excused her of the said waste And yet it is clear that Tenant in Dower is liable to an action of waste for waste done in the time of her second husband But contrary is it where a woman is Tenant for life and took a husband who made waste and dyed no action lies against the wife for that waste And F. N. B. 17. A. If the Tenant in precipe at the grand cape makes default the King may send a UUrit to the Iustices rehearsing that he was in his service c. commanding them that that default be not prejudiciall to him and this command of the King excuseth his default be the cause true or no. 4. For the particulars of the Return it is for notable contempts against the Government But as to that it hath been said that the King hath sundry governments to wit Ecclesiasticall Politicall c. and it is not shewn against which of them This is but a cavilling exception they might as well have excepted to this Return because it is not shewen that these contempts were after the last generall Pardon that had been a better exception The last words of the Return are raising sedition against Us But as to this it hath been said That Seditio is not a word known in the Law and is alwaies taken either Adverbially or Adjectively and is not a Substantive To this he said That although it is not a Substantive for the preservation yet it is a Substantive for the destruction of a Kingdom And he said that he found the word Seditio in the Law and the consequent of it likewise which is seductio populi But it is not ever found to be taken in a good sense it is alwaies ranked and coupled with treason rebellion insurrection or such like as it appears by all those Statutes which have been remembred on the other side Therefore he prayed likewise that the Prisoners might be sent back Trin. 5 Car. B. R. THe first day of the Term upon Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of John Selden Esq with the cause of detention He returned the same cause as above and Littleton of Counsell with him moved that the Return was insufficient in substance therefore he prayed that he might be bayled It is true that it is of great consequence both to the Crown of the King and to the liberty of the Subject But under favour for the difficulty of Law contained in it the case cannot be said Grand In my Argument I will offer nothing to the Court but that which I have seen with these eyes and that which
d. interfecit I. S. upon prepensed malice is good for the nature of the thing is expressed although the formall word be wanting but out of the Return the substance of the offence ought alwaies to appear which appears not here But it hath been said by the other side That let the cause in the Return be as it will yet is it not traversable 9 H. 6.54 and I confesse it But as C. 11. James Baggs case is the Return ought to have certainty so much in it that if it be false the party grieved may have his action upon the case And the grievance complained of in the Petition of Right is that upon such Return no cause was certified that is no such cause upon which any Indictment might be drawn up for we never understand that the party shall be tryed upon the Habeas Corpus but that upon the matter contained within it and Indictment shall be made and he shall have his tryall upon it And yet it is clear and it hath been agreed of all hands in the Argument of the grand Habeas corpus Mich. 3. Car. in this Court that if the cause be certified upon the Return of the Habeas corpus that the Court may judge of the legality of that cause 2. Consider the parts of this Return as they are coupled together for notable contempts by him committed against Our Self and Our Government and for stirring of sedition against Us Upon the entire Return the King joynes sedition with notable contempts so that it is as much as if he had said that Sedition is one of the notable contempts mentioned in the first part of the Return so that he makes it but a contempt For the generality and incertainty of the Return I refer my self to the cases put by Mr. Ask and I will not waive any of them True it is if the Return had been that it was for Treason he had not been bailable but by the discretion of the Court and such Return would have been good but it is not so of sedition Gard. 157. Treason is applyed to a petty offence to the breach of trust by a Guardian in Socage but it is not treason And so sedition is of far lesse nature then treason and is oftentimes taken of a trespasse it is not treason of it self nor seditiosè was never used in an Indictment of treason It was not treason before the 25 of Edw. 3. nor can it be treason for 25 E. 3. is a flat Barre as I have said before to all other offences to be treason which are not contained within the said Act or declared by any Statute afterwards And there are offences which are more heinous in their nature then sedition is which are not treason as Insurrections c. which see in the Statute 11 H. 7. cap. 7. 2 H. 5. cap. 9. 8 H. 6. cap. 14. 5 R. 2. cap. 6. 17 R. 2. cap. 8. and by 3 and 4 E. 6. cap. 5. the assembly of twelve persons to attempt the alteration of any Law and the continuance together by the space of an hour being commanded to return is made treason which Act was continued by the Statute of 1 Mar. cap. 12. and 1 Eliz. cap. 16. but now is expired by her death and is not now in force although the contrary be conceived by some which I pray may be well observed By the Statute of 14 Eliz. cap. 1. rebellious taking of the Castles of the King is made treason if they be not delivered c. which shewes clearly that such taking of Castles in its nature was not treason But the said Statute is now expired and also all Statutes creating new treasons are now repealed But for a conclusion of this part of my Argument I will cite a case which I think expresse in the point or more strong then the case in question And it was M. 9. E. 3. roll 39. B. R. Peter Russells case he was committed to prison by the Deputy-Iustice of North-Wales because he was accused by one William Solyman of sedition and other things touching the King And hereupon a Commission issued out of the Chancery to enquire if the said Peter Russell behaved himselfe well or seditiously against the King and by the Inquisition it was found that he behaved himself well And upon an Habeas Corpus out of this Court his body was returned but no cause But the said Inquisition was brought hither out of Chancery and for that no cause of his caption was returned he prayed Delivery but the Court would not deliver him till it knew the cause of his Commitment Therefore taking no regard of the said Inquisition they now send a Writ to the now Iustice of Wales to certifie the cause of his commitment And thereupon he made this Return That the foresaid Peter Russell was taken because one William Solyman charged him that he had committed divers seditions against the Lord the King and for that cause he was detained and for no other And because the Return mentions not what sedition in speciall he was bayled but not discharged And I desire the baylment of the prisoner onely and not his deliverance I desire that the case be well observed In the said case there was an actuall sedition against the King here is onely a stirring up of sedition The words of the said Award are Videtur curiae which are the solemn words of a Iudgment given upon great deliberation There it was for other things concerning Us This is all one as if it had said for other things against Us Concerning the King and Against the King are all one as appears by 25 E. 3. c. 4. de Clero Stamf. 124. Westm. 1. c. 15. Bracton f. 119. 14 Eliz. c. 2. And the words of the Iudgment in the said case were not dimittitur but ideò dimittendus which imply the right of the party to be bayled The said case in some things was more particular then our case and more strong for there was an Accuser to boot which wants in our case There true it is that he was committed by the Iustice of Wales and here by the King himself but this makes no difference as to this Court for be the commitment by the King himself or by any other if it be not upon just cause the party may be bayled in this Court. And for the Inquisition which is mentioned it was no Tryall in the case nor did the Court give any regard thereto To detain the prisoner by the command of the King singly is against the Petition of Right but it being coupled with the cause the cause is to be considered and the truth of the cause is to be intended as well where it is mentioned to be by an inferiour Iudge as where by the King himself for it is traversable neither in the one nor other And 22 H. 8. roll 37. B. R. and 1 H. 8 roll 8. Harrisons case resolv'd that a man committed by the command of the King is
baylable And 33 Eliz. it was resolved by all the Iustices of England which I have viewed in chief Iustice Andersons Book under his own hand and it was produced in Parliament That all men committed by the Privy Councill are baylable if the commitment be not for high treason In all cases of commitment an accuser is understood Suppose that the accusation mentioned in Russel's case of sedition had been an accusation of treason then the Iudges ought not to have bayled him of right and no man will say but that the said accusation was a good cause to commit him But the discovery of the offence ought to be afterward in an Indictment Fourthly I come to the objections which have been made on the contrary 1 st It was objected That this was a case of great consequence I confesse it but this consequence is not to the King for if it be truly treason then they might have returned Treason and then the party was not to be bayled of right till there should be a failer of prosecution as was lately in Melvins case who was bailed for lack of prosecution the Return being for high treason 2 ly It was objected that there can be no conviction as this case is therefore there ought to be coercive power to restrain the prisoner This is strange newes to me that there shall be any offence for which a man cannot be convict And if there can be no conviction it hence followes that there is no offence and if there be no offence there ought by consequence to be no imprisonment 3 ly The case of 14 H. 7.8 hath been objected that a Iustice of Peace may commit Rioters without bayl I confesse it for this is by force of a Statute which ordains it 4 ly It hath been objected That if a house be on fire it is lawfull to pull down the neighbours house for the prevention of further mischief and the cases of 22 ass and 22 E. 4. that every man may justifie the coercion of a mad-man I answer That these cases are true for of necessity and no other evasion but here bayl is proffered which is body for body Fire is swift and cannot be punished and no caution can be obtained thereof But observe the true inference and consequence of this Argument If my house be on fire my neighbours house must be pulled down Mr Selden is seditious ergo Mr. Herbert his neighbour must be imprisoned 5 ly It hath been objected out of Br. Treason 24. 1 Mar. That the said Statute of 25 E. 3. is taken largely and that the detaining of a Castle or Fortresse is treason To this I answer That the bare detaining of a Castle is not treason unlesse it be with intention of the death of the King but the taking of a Castle is treason And the case there meant by Brook is Constables case Dy. 128. And I confesse 13 Eliz. Dy. 298. Doctor Story 's case that conspiracy to invade the Kingdom is treason for this cannot be without great danger of the death of the King for arma tenenti Omnia dat qui justa negat and all those Indictments were that they intended the death of the King but no such intention is expressed here 6 ly It hath been objected That this case is out of the Petition of Right because in this Return there is a cause shewed But the grievance whereupon the Petition of Right was framed was where no cause was returned It is true that the grievance goes no further but where no cause was returned for that was the grievance at that time But the words of the Petition of Right are further without being charged with any thing to which they might make answer by the Law which implies that such cause ought to be contained in the Return which being put into an Indictment the party may have his answer thereto 7 ly It was objected that the Return shall not be construed and expounded by fractions I answer That we need not make such an exposition for the joynt-construction thereof makes more for us then the severall as is shewed before 8 ly That a generall Return is sufficient and it need not have tearms of Art in it as an Indictment ought to have For answer I confesse it but I affirm as above that a Return ought to be so particular that the nature of the offence ought to appear out of it And it is not to be compared to generall Writs as Apostatâ capiendo Idiota examinando Leproso amovendo and the like for those Writs are good enough because they contain the very matter And although it hath been said that there are two kinds of Lepers yet I never heard but of one And the Writ de Haeretico comburendo is generall and good because it is but a Writ of Execution upon a Iudgment given by the Spirituall power But because they might not meddle with the blood of any man the execution is by the Secular power 9 ly It hath been objected out of 30 ass p. 19. that the King would have one drawn and hanged for bringing in into England the Buls of the Pope But the Book answers it self for he was not drawn and hanged 10 ly The Statute of Westm. 1. cap. 15. was objected But as oft as that Statute is objected I will alwaies cry out The Petition of Right the Petition of Right as the King of France cryed out nothing but France France when all the severall Dominions of the King of Spain were objected to him 11 ly A curious distinction hath been taken by Serjeant Davenport between stirring To sedition and stirring Up sedition for the first implies an inclination onely to do it the second implies an act done But this is too nice for if a man stir up sedition or to sedition if it be with intention of the death of the King the one and the other is treason 12 ly The opinion of Fortescue in 31 H. 6.10 b. hath been objected That for an offence done to the Court a man may be committed before conviction To this I answer 1 st That the Book does not say That he shall be committed without bayl 2 ly The offence being done in face of the Court the very view of the Court is a conviction in Law 13 ly There was objected the 24 of E. 3.23 Sir Fitchet's case who for going armed in the Palace was committed by this Court without bayl or mainprize which seems to be the strongest and hardest case that hath been objected But the answer to it is clear and undeniable for the Statute of 2 E. 3. c. 3. is That if any one come armed before the Iustices he shall forfeit his Armour and shall be imprisoned during the Kings pleasure so that by the expresse purview of the Statute such a man is not baylable So my conclusion remains firm notwithstanding any of those objections That the prisoner here being committed before conviction of any offence it being not possible to understand this
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
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
Propositions from either side to give distaste and lessen the Friendship between the two Crowns The Duke returned answer that all assurance and satisfaction shall be given concerning this Alliance And after Sir Digby's arrival at the Court of Spain he protested to him solemnly that the King desired it and swore for himself that he desired nothing more Hereupon Digby debated with him That the remembrance of their former Demands was yet unpleasing in England the difference of Religion the Opinions of Divines and the Cases of Conscience were still the same insomuch that his Majesty and his Servants had just cause to cease for ever from all thoughts this way Nevertheless they did not slight nor disrelish an Alliance with Spain for many of the greatest eminency in England judge it equally valuable with any other of Christendom though it be esteemed a matter of infinite difficulty Here the subtil Spaniard might perceive our forwardness though our Ambassador seemed to speak aloof off and with reservation The debate had this result that the difficulties should be digested into certain Heads and select Persons appointed for Conference but the Intent thereof was that the Kings on either side should not be interessed nor their names therein used till by the clearing of particulars there should be great appearances that the business would take effect Now because the difference of Religion was supposed the onely difficulty of moment it was thought fit to break the matter to the Cardinal of Toledo and the Kings Confessor and one Father Frederick a learned Jesuite having the repute of a Moderate man Upon the review of these proceedings Sir Iohn Digby advised the King not to suffer his other resolutions to be interrupted by this Overture which might be set on foot as a meer device to stagger the French Treaty and to keep his Majesty from declaring himself opposite to Spain in the business of Cleves and Iuliers which still remained uncompounded nevertheless he might be pleased for a while to suspend the conclusion of the Match with France and entertain this motion and to this end he desired from him not a formal Commission to treat but onely a private Instruction for his Direction and Warrant Such remote Conferences made way for that solemn slow-paced Treaty of the many years following wherein the advantage lay on the Spaniards side who were indeed very formal and specious in it but no way vehement and vigorous if we might suppose them in any sort real But the King of England having a prevalent inclination this way when he was once drawn in and elevated with hope was so set upon it that he would grant all things possible rather then break it off and was impatient of dissembling his own eagerness The business was mainly carried on by Conde Gondomar who was exquisitely framed for it and by facetious wayes taking the King in his own humor prevailed mightily The King removes all blocks that lie in the way of this Darling Design and studies all the wayes of rendring himself acceptable to Spain The Wall of this Island the English Navy once the strongest of all Christendome now lyes at road unarmed and fit for ruine Gondomar as was the common voice bearing the King in hand that the furnishing of it would breed suspition in the King his Master and avert his minde from this alliance Moreover the Town of Flushing the Castle of Ramakins in Zealand and Brill in Holland which were held by way of caution from the united Provinces to insure their dependency upon England the King resolved to render up as being meerly cautionary and none of his Propriety He rid his hands of those places to prevent requests and Propositions from the King of Spain who claimed the propriety in them and Gondomar put hard for them being accounted the Keys of the Low Countries Such was the Kings care and contrivance to keep faith with those Confederates and not offend Spain And to render this a politick action it was urged that the advantage of those Holds was countervailed by the vast expence in keeping them Howbeit the power of the English Interest in that State was by this means cut off and taken away and the alienation between King Iames and the United Provinces which appeared in latter times and was nourished by Bernevelt the head of the Arminian Faction and a Pensioner of Spain is now increased by the discovery and observation of these late Spanish compliances But the King of Spain and his Ministers had given but slender proof of any great affection yea or of sincere intention and upright dealing in this great affair For Sir Iohn Digby received certain Articles in matter of Religion after a Consultation had with their Divines which appeared very unworthy and were utterly rejected by him Yet afterwards upon a private Conference between him and some others to whom the cause had been committed a Qualification was therein conceived though not delivered as a matter there approved And the same Speeches after his return into England proceeded between him and Gondomar and were brought to that Issue that the King thought fit to acquaint a select number of his Council therewith who having heard the report of the former proceeding delivered their opinion That they found very probable ground for him to enter into a publike Treaty with as much assurance of good success as in such a case might be expected whereupon Sir Iohn Digby by Commission under the Great Seal was authorized to treat and conclude the Marriage and because the matter of Religion was in chief debate those qualified Articles that were brought out of Spain were sent back signed with the Kings hand who added something to them by way of clearer explanation They were to this effect THat the Popes Dispensation be first obtained by the meer Act of the King of Spain That the Children of this Marriage be not constrained in matter of Religion nor their Title prejudiced in case they prove Catholikes That the Infanta's Family being Strangers may be Catholikes and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious persons may wear their proper Habits That the Marriage shall be celebrated in Spain by a Procurator according to the Instructions of the Council of Trent and after the Infanta's arrival in England such a solemnization shall be used as may make the Marriage valid according to the Laws of this Kingdome That she shall have a competent number of Chaplains and a Confessor being Strangers one whereof shall have power to govern the Family in Religious matters In the allowing of these Articles the King thus exprest himself Seing this Marriage is to be with a Lady of a different Religion from us it becometh us to be tender as on the one part to give them all satisfaction convenient so on the other to admit nothing that may blemish our Conscience or
detract from the Religion here established The People of England having yet in memory the intended Cruelty of 88. and hating the Popish Religion generally loathed this Match and would have bought it off at the dearest rate and what they durst opposed it by speeches counsels wishes prayers but if any one spake lowder then his fellows he was soon put to silence disgrac'd and cross'd in Court-preferments when as in Spain and Flanders Books were penned and Pictures printed to disgrace the King and State For which the English Ambassadors sought satisfaction but in vain The Roman Catholicks desired the Match above measure hoping for a moderation of Fines and Laws perhaps a Toleration yea a total Restauration of their Religion for they gained more and more Indulgence by the long-spun Treaty The Articles of Religion were long hammered upon the Spanish Anvil inlarged and multiplied by new Demands without end The Conde Gondomar an active subtil Instrument to serve his Masters ends neglected no occasion tending thereunto which he mainly shewed in the particular of Sir Walter Rawleigh wherein he put forth all his Strength to destroy him being one of the last Sea-Commanders then living bred under Queen Elizabeth and by her flesh'd in Spanish blood and ruin He did first under-work his Voyage to Guienna which seemed to threaten loss and danger to the spreading power of Spain in the West-Indies and after his return with misfortune he pursued him to death In the beginning of the Kings Reign this Gentleman with others was arraigned and condemned for Treason 't was a dark kinde of Treason and the vail is still upon it The King had ground enough to shew mercy which some of that condemned party obtained After many years imprisonment Sir Walter Rawleigh desirous of liberty and action propounded an American voyage upon the assurance of gaining a Mine of Gold in Guienna The King hearkned to him and gave him power to set forth Ships and Men for that Service but commanded him upon his Allegiance to give under his hand the number of his Men the burden and strength of his Ships together with the Country and River which he was to enter All this was done and came so timely to Gondomars knowledge that Advertisement was sent to Spain and thence to the Indies before this English Fleet departed out of the Thames The Action proved unfortunate and the Mine was inaccessible the Spaniards at St. Thomas opposed their passage up the River and this engaged them to assault the Town which they took sacked and burnt Gondomar hereat incensed with a violent importunity demanded the reparation of this wrong And the Spanish Faction urged that this irruption might make a breach both of the Match and Peace with Spain The Kings fears kindled his wrath he disavowed the Action and to prevent the like for the future put forth a severe Proclamation Hereupon the storm of Passion ceased and Rawleigh knowing nothing but that he might appear in England with safety put in at Plimouth and was no sooner landed but by secret intimation understanding his danger sought to escape beyond Sea but was taken in the attempt brought to London and recommitted to the Tower and at length his life was offered up a Sacrifice for Spain but not upon such grounds as the Ambassador had designed for he desired a Judgment upon the pretended breach of Peace that by this occasion he might slily gain from the English an acknowledgment of his Masters right in those places and hereafter both stop their mouths and quench their heat and valor But the late voyage was not brought in question onely his former Condemnation was revived his Araignment at Winchester many years before was now laid open and he at the Kings Bench demanded why Execution should not be done upon him according to the Sentence therein pronounced Rawleigh answered That the Kings late Commission gave him a new life and vigor For he that hath power over the lives of others ought to be Master of his own This Plea was not accepted but the former Judgment took place and accordingly he lost his Head upon a Scaffold erected in the Old Pallace at Westminster Whilest Spain and England were thus closing the fire brake out in Germany between the States and Princes Protestant and the House of Austria These commotions involved and drew along the affairs of most Christian Princes especially of the two Potent Kings now in Treaty The Catholick Cause and the Lot of the House of Austria engaged the King of Spain who was the strongest Branch of that Stock King Iames must needs be drawn in both by common and particular Interest the Religion which he professed and the State of his Son in Law the Elector Palatine who became the principal part in those Wars and the most unfortunate It was an high business to the whole Christian World and the issue of it had main dependence upon the King of England being the Mightiest Prince of the Protestant Profession But this Kings proceedings were wholly governed by the unhappy Spanish Treaty The clouds gather thick in the German skie jealousies and discontents arise between the Catholicks and the Evangelicks or Lutherans of the Confession of Ausburge Both parties draw into Confederacies and hold Assemblies the one seeking by the advantage of power to incroach and get ground the other to stand their ground and hold their own The potency of the House of Austria a House devoted to the Persecution of the Reformed Religion became formidable The old Emperor Matthias declared his Cousin German the Archduke Ferdinand to be his adopted Son and Successor and caused him to be chosen and crowned King of Bohemia and Hungary yet reserving to himself the sole exercise of Kingly power during his life The Iesuits triumph in their hopes of King Ferdinand the Pope exhorted the Catholicks to keep a day of Jubilee and to implore aid of God for the Churches high occasions To answer this Festival the Elector of Saxony called to minde that it was then the Hundreth year compleat since Martin Luther opposed the Popes Indulgences which was the first beginning of Protestant Reformation Whereupon he ordained a Solemn Feast of three days for Thanksgiving and for Prayer to God to maintain in peace the purity of the Word and the right administration of the Sacraments The Professors of the Universities of Lipsick and Wittemberg the Imperial Towns of Franckford Worms and Noremburg yea the Calvinists also observed the same days of Jubilee against the Romish Church and much Gold and Silver was cast abroad in memory of Luther whom they called Blessed In these times the Emperor wrote Letters both to the Elector Palatine and to the Protestant Provinces and States of the Empire then assembled at Hilbrun advising them to acquiesce in what was done touching the designation of his adopted Son to the Empire to observe the Golden Bull the Magna Charta of the Empire and the matter of it
Sword and Blade and to what place both the head and tail became Vertical together with other secrets Said That not onely all Europe to the elevation of Fifty two degrees was liable to its threatnings but England especially yea That person besides in whose fortune we are all no less imbarked then the Passenger with the Ship is in the Pilot that guideth the same the truth whereof said he a few years will manifest to all men And it was observed by Dr. Bainbridge a famous Astronomer that toward the Declination of it the Eleventh of December it past over London in the morning and so hasted more Northwards even as far as the Orcades Amidst these distractions the House of Austria made no small improvement of their interest in the King of Great Brittain who in the hot pursuit of the Spanish Match was earnest to oblige them And the Spaniards made shew that on their part nothing under Heaven was more desired then this Alliance and in their Discourses magnified the King Queen and Prince of England For the state of their Affairs did press them hard if not to close really yet at least to fain a pressing towards it For the French administred cause of discontent the Truce with the United Provinces was near expiring but above all they took to heart the Bohemian War and resolved to set the main stock upon it Wherefore the King of Spain gave commandment that his Treasure should be gathered together for the Infanta's vast portion being no less then Two Millions and gave hopes of the payment of half a Million beforehand as was desired and with himself all Dispatches seemed to pass freely But his Ministers gave not the same satisfaction and proceeded so slackly in the business that they were suspected either not to intend it at all or not so soon as was pretended Besides the wiser here observed and repined that all difficulties hazards and odious passages must rest on the English side which Spain did little value That King Iames did that to gratifie the Spaniard which rendred him disgusted by his Subjects but if Favor were granted to any Subject of his by the King of Spain it was not without design to engage him in his own Service Which resentments may be collected from a Letter written by a great Minister of State to Mr. Cottington his Majesties then Agent in Spain which for clearer satisfaction you have here at large GOod Mr. Cottington I doubt not but that before these come to your hands you will have heard of the Receipt of all your former Letters These are in answer of your last of the Eighth of October wherein you advertise of the arrival of the Conde Gondomar at Lerma and of his entertainment by that Duke It seemeth unto us here in England that he hath gone but very slowly in his journey and divers seeing how long time he hath spent in the way do make conjecture That it proceedeth from the small affection that he judgeth to be there towards the effecting of the main business saying If the Ambassador were assured that his Master did so really desire the speedy effecting thereof as is pretended he would have made more haste homeward and that it hath not been sincerely intended but meerly used by that State as an amuzement to entertain and busie his Majesty withal and for the gaining of time for their own ends And this is muttered here by very many but I hope we shall ere long receive such an account from thence of their proceedings as will give sufficient satisfaction For my own part I must confess I am yet well perswaded of their intentions for if there be either Honor Religion or Moral honesty in them the Protestations and Professions which I have so often heard them make and you likewise daily advertise hither are sufficient to perswade a man that will not judge them worse then Infidels to expect sincere dealing in the business and whensoever I shall perceive that they go about to do otherwise I must confess my self to have been deceived as I shall ever be on the like terms while I deal with inmost care but withal I shall judge them the most unworthy and persidious people of the World and the more for that his Majesty hath given them so many testimonies of his sincere intentions toward them which he daily continueth as now of late by the causing Sir Walter Rawleigh to be put to death cheifly for the giving them satisfaction whereof his Majesty commanded me to advertise you and concerning whom you shall by the next receive a Declaration shewing the Motives which induced his Majesty to recal his mercy through which he had lived these many years a condemned man In the mean time I think it â—it that to the Duke of Lerma the Confessor and the Secretary of State you do represent his Majesties real manner of proceeding with that King and State and how for the advancing of the great business he hath endeavored to satisfie them in all things letting them see how in many actions of late of that nature his Majesty hath strained upon the affections of his people and especially in this last concerning Sir Walter Rawleigh who died with a great deal of courage and constancy and at his death moved the common sort of people to much remorse who all attributed his death to the desire his Majesty had to satisfie Spain Further you may let them know how able a man Sir Walter Rawleigh was to have done his Majesty service if he should have been pleased to imploy him yet to give them content he hath not spared him when by preserving him he might have given great satisfaction to his Subjects and had at command upon all occasions as useful a man as served any Prince in Christendom and on the contrary the King of Spain is not pleased to do any thing which may be so inconvenient unto him as to lessen the affections of his people or to procure so much as murmuring or distractions amongst them And therefore it is to be expected that on his part they answer his Majesty at least with sincere and real proceeding since that is all they are put to the difficulties and hazards being indeed on his Majesties side And truly I should think it â—it that not by way of commination but as it were out of zeal to the Peace and Amity betwixt these two Crowns you did intimate to the Duke and the other Ministers how impossible you held it to have peace long continued betwixt their Majesties if in this business wherein so much hath been professed there should be found any indirectness But herein you must be cautious and temperate for as on the one side you and I well know that this stile most perswades with them so on the other side the decency and buen termine that is to be observed betwixt great Princes will hardly admit of Threats or Revenge for a Wooing Language but this I know falleth into so
discreet a hand that I little fear the handsome carriage of it And I hope that before these Letters arive with you we shall hear from you in such a stile that this advice of mine shall be of no use I pray you be very earnest with the Conde Gondomar that he will not forget to negotiate the liberty of Mr. Mole for whom I hope now my Lord Ross is dead for that which you and I know it will not be so difficult to prevail You may put him in minde how when Father Baldwills liberty was granted unto him although he could not absolutely promise Mr. Moles release yet he then faithfully protested he would use the mediation of the Duke of Lerma and of the Kings Confessor and of that King if need were and that he would try the best friends he had for the procurement of his enlargement wherein you may desire him to deal effectually for that there is great expectance that he should proceed honorably and really therein I my self likewise will use all the means I can for his relief for it is a thing which is very much desired here and would give a great deal of satisfaction As touching Osulivare it is very fit that you let them know that the report of the honor they did him hath come unto his Majesties ears and that although they will alleage that in the time of Hostility betwixt England and Spain it may be he did them many services and may then have deserved well at their hands for which they have just cause to reward him Yet since by his Majesties happy coming to these Crowns those differences have had an end and that there is a perfect League and Amity betwixt them his Majesty cannot chuse but dislike that they should bestow upon him any title or dignity which onely or properly belongeth unto him towards his own Subjects that therefore he would be glad that they would forbear to confer any such titulary Honors upon any of his Subjects without his Privity This you shall do well to insist upon so that they may understand that his Majesty is very sensible that they should endeavor to make the Irish have any kinde of dependence on that State Queen Anne died this year at Hampton Court and was thence brought to her Palace at Denmark-house in the Strand The common people who were great Admirers of Princes were of opinion that the Blazing-Star rather be-tokened the Death of that Queen then that Cruel and Bloody War which shortly after hapned in Bohemia and others parts of Germany IN the beginning of the year One thousand six hundred and nâ—neteen the Emperor Matthias died but immediately before his death to engage Persons of Honor in the Service of the Empire he instituted Knights of several Orders for the defence of the Catholick Religion who were bound by Oath to be faithful to the Apostolick Sea and to acknowledge the Pope their cheif Protector The Count Palatine of Rhine who in the interregnum is cheif Vicar of the Empire published his right by the Golden Bull to govern in cheif till a new Emperor be chosen and by Advice assumed the Power requiring the people to demean themselves peaceably under his Government King Ferdinand in his broken Estate propounded a Cessation of Arms and offered fair terms of peace but was not answered for the breach would not be made up The Bohemians declared that their Kingdom was Elective not Hereditary that the States-General ought to have the free Election of their King who always ought to be one of the Royal House of Bohemia That Ferdinand took the Government upon him by vertue of his Coronation in the Emperors life time and had thereby made the Kingdom a Donative The Evangelicks in the Upper Austria demanded equal Priviledges with the Catholicks and resolved to make union with the Bohemians The Protestant States of Moravia Silesia and Hungaria banish the Jesuites The Bohemians prospered in these beginnings but the Austrian party received vigor by supplies out of Hungary and Flanders and were able to stand their ground and the Emperor capitulated with the Duke of Bavaria to levy forces to his use for the expence of which service he engaged part of his Country to him The War grows to a great height and the King of England interposed in these differences and sent the Viscount Doncaster Extraordinary Ambassador to mediate a Reconciliation His constant love of Peace and his present fear of the sad issue of these Commotions and the request of the King of Spain moved him to take this part in hand It was the Spaniards policy to make him a Reconciler and by that means to place him in a state of Neutrality and so frustrate the hopes of that support which the Princes of the Union might expect from him by the Interest of the Count Palatine For which cause the King of Spain speaks out large promises That he should be the sole and grand Arbiter of this Cause of Christendom Nevertheless his Mediation was slighted by the Catholick Confederates and his Ambassador shufled out of the business And at the same time Mr. Cottington being very sensible of their unworthy dealings in the Court of Spain professed That his most useful service and best complying with his own Conscience would be to disengage the King his Master The Archbishop of Ments the Representers of the Duke of Saxony and the other Electors Brandenburgh Cullen and Tryers met at Franckford to chuse the Emperor Upon the Eighth day of August Ferdinand was chosen King of the Romans and upon the Nineteenth of September had the Imperial Crown set upon his Head Ambassadors from the Elector Palatine came to oppose Ferdinand but were denied entrance at Franckford The Bohemians disclaimed the said Election and being assembled for that purpose with the consent of their Confederates elected for their King Count Frederick Palatine of Rhine At that time Bethlem Gabor Prince of Transylvania made known to the Directors Evangelick his great sense of their condition since those troubles began desired union with them and offered to come in with an Army hoping for the Great Turks consent to peace during the time of that Service The Directors return their thanks accept the offer and Prince Bethlem immediately entred Hungary to the Emperors great vexation danger and detriment marching with an Army even to the Walls of Vienna The Count Palatine Elected King of Bohemia craved advice to his Father in Law the King of Great Brittain touching the acceptation of that Royal Dignity When this important business was debated in the Kings Council Archbishop Abbot whose infirmities would not suffer him to be present at the Consultation wrote his minde and heart to Sir Robert Nanton the Kings Secretary That God had set up this Prince his Majesties Son in Law as a Mark of Honor throughout all Christendom to propagate the Gospel and to protect the oppressed That for his own part he
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
see his Children dispossessed of their Hereditary Rights and hopes his Son in Law will make Overtures of Peace which if slighted by the Emperor he will not lose the season to prepare for the defence of the Palatinate But if his Son will not hearken to his advice he shall be inforced to leave him to his proper Counsels Notwithstanding this open wary and tender proceeding with all care and patience to observe the Spanish humors our State Ministers that were most addicted to Spain discerned their trifling with us which they did not spare to censure and resolved to use a freer Language yet still discovered a willingness to wait their further leisure for the English Patience seemed invincible In the mean time the Privy Council having an eye to the support of the Palatinate began the raising of Moneys by way of free gift and directed Letters of the tenor following to divers Earls Viscounts Bishops and Barons the same Letter being sent to each respectively YOu may formerly have heard how the Palatinate being the ancient Heritage of the Count Palatine his Majesties Son in Law and to discend to his Majesties Grand-children is now invaded by a Foreign Enemy many principal Towns are surprised a great part of the Countrey in the possession of strangers and the inhabitants forced to take an Oath against their Natural Prince Whereupon his Majesty out of considerations of Nature Honor and State hath declared himself in the course of an Auxiliary War for the defence and recovery of the same the occasion being so weighty and pressing hath moved his Majesty by the general advice of us his Council to think of some course for provision of that nature as may serve as well to the maintenance and preserving of the present succors already sent as for the reinforcing them out of those Countries as the occasion of the War shall require And for that the swiftness of the occasion would not permit a supply by other means for the present so readily as was needful we have all concurred to begin with our selves in offer of a voluntary gift unto his Majesty for the advancement of the present occasion nothing doubting but that your Lordship being a Peer of the Kingdom will chearfully and readily follow the example of us begun And if there were much alacrity and readiness found in the Nobility and others to contribute at the motion of his Majesties Sons Ambassador at what time the Palatinate was not invaded neither had his Majesty declared himself you will much more and in a better proportion do it now these two weighty Motives do concur and so nothing doubting of your Lordships readiness herein we bid c. To the Marquess of Winchester To the Earl of Cumberland To the Earl of Darby To the Earl of Northumberland c. Also a Letter of the same form was written to the Lord Major of London But the short Reign of King Frederick was near its period The Imperial Forces under Bavaria Buquoy and D. Balthazar advance towards Prague and the Bohemians quit their Garrisons to make their Army the more compleat Yet neither Count Mansfield nor the English Forces were there On the Eighth day of November being the Lords day both Armies met for the fatal decision of the great Controversie The Bohemians stood upon the advantage-ground betwixt the Imperialists and Prague But the Enemy breaking through scattered and ruined their whole Army and pursued the Victory The King and Queen surprised with this Discomfiture among a wavering people in a City not very defensible were constrained to â—lie the next morning Diminution of Honor was added to the Calamity of this Prince because he suffered his Soldiers to mutiny for Pay when he had a mass of Money by him which was left behind to augment the Enemies Conquest Neither was Anhalt the General a fit person for the high trust reposed in him who not long after the Defeat sought and obtained the Emperors favor and was made one of his Generals to debel the Protestant cause and party But Count Mansfield whom Anhalt slighted and closed not with him to bring him up to this Fight made good his fidelity and with his Flying Army became a continual vexation to the Emperor harasing his Countries and forcing Contribution King Iames upon the news of the Palsgrave's overthrow and upon a Narration of the state of Affairs in those parts made unto His Majesty by the Earls of Oxford and Essex newly returned from the Palatinate was pleased to call a full Council together to consider of this great and weighty affair The Order ensuing relates the particulars At the Court at Whitehall Jan. 13. 1620. Present Lord Archbishop of Canterbury Lord Chancellor Lord Treasurer Lord Privy Seal Lord Steward Lord M. Hamilton Lord Chamberlain Earl of Arundel Earl of Kelly Lord V. Doncaster Lord V. Falkland Lord Carew Lord Digby Mr. Treasurer Mr. Secr. Naunton Mr. Secr. Calvert Mr. Chanc. of the Exchequer Master of the Rolls Master of the Wards HIs Majesty being resolved to make some Royal preparations for the Recovery and Protection of the Palatinate being the antient Inheritance of his Majesties Son in law and Grandchildren did in his high wisdom think méet to appoint some persons of knowledge and experience in the Wars to consider of and give their Advice in such Propositions as shall be made unto them by the Board for the better expediting of that service To which purpose the Earl of Oxford and the Earl of Essex the Earl of Leicester the Lord Uiscount Wilmot the Lord Danvers the Lord Calfield Sir Edward Cecyl Sir Richard Harrison Knights and Captain Danbingham were called to the Table and made acquainted with His Majesties pleasure That they or any Five or more of them together with Sir Horace Vere and Sir Edw. Conway Knights if they return into England while this Committee doth continue shall undertake this service and have their méetings and assemblies in the whole Council-chamber here in Whitehall touching the affairs above-mentioned And that for their better assistance they call unto them such others of experience whose advice and opinion they shall think fit to make use of in their several Consultations upon such things as shall be so referred unto them from the Board Which they are to prosecute without intermission or delay And they shall make Report of their Opinions which is to be done in writing under Five of their hands at least The Particulars offered to their Consideration are these First What proportion or number of men as well Horse as Foot with Munition Victuals Shipping and Treasure will be sufficient for that Enterprise And secondly By what time it will be meet that their Forces be in readiness And where the Arms Munition and Victuals may best be provided with such other Circumstances as are incident to any of these Heads For the better direction herein Mr. Secretaries will acquaint them with such Intelligences as they have received touching the
strength of the Enemies Forces now in the Palatinate Moreover The King to encourage the Princes of the Union and to keep them in Arms sent them Thirty thousand pounds yet withall resolved to treat for Peace and dispatched Sir Edward Villers into Silesia to fetch the Palsgraves Submission to the Emperor upon Conditions to be conceived according to equity and conveniencie Never did the Spaniards more flatter King Iames then after the Defeat at Prague They affirm that he shall ordain according to his pleasure in the Palsgrave's Restitution and be obeyed That the Infanta's Portion was preparing and that the Pope was obliged to grant the Dispensation from whom they resolve to take no denial Cottington the Agent in Spain now attested the Honesty of Gondomar's Dispatches hither and cryed him up for a Cordial man and well deserving His Majesties favor This notable Spanish Engine had so wrought himself into the Kings affections that he gained the accoss of a Favorite rather then of an Ambassador from a Foreign Prince Some in the English Court were then suspected to be Pensioners to Spain as may be gathered from the Spanish Ambassadors Instructions received from the King his Master BEsides that which I enjoin you in your General Instructions given you for England whither I send you to reside I thought good to advertise you apart by themselves of the chiefest things of Importance which you shall there negotiate and endeavor to further and advance It is well known that I have desired and endeavored to favor the Cause of the Catholicks of that Kingdom and to further it to their best advantage as well in the time of the Queen deceased who did so much prosecute and oppress them as since the time that the present King hath succeeded yet that calamity still continues upon them by reason of the ill offices done unto them by the Puritans and Protestants of whom the greater part of that Kings Council doth consist Howbeit because it is a thing that I could not well urge or press without breeding jealousies and so cause thereby a greater harm to the Catholicks I have proceeded on my part with that wariness and dissimulation as is fit D.A. shall inform you of what hath passed in this matter as also in what estate things are at this present and how you shall govern your self for the time to come according to the orders given unto him whose example we wish you to follow And of this take special heed That although it be believed that we may be very confident of the trustiness of those Catholicks by whose means the business of the rest is undertaken that they will be secret notwithstanding lest any Heretick shall come in the name or shew of a Catholick only to make some discovery It shall be fit that in all speeches you shall have with them concerning that which shall touch the Catholicks that you tell them how much I desire to see them freed from those pressures under which Queen Elizabeth put them and that God would inspire the Kings heart that he may reduce himself to the obedience of the Roman Catholick Church And advise them to endeavor to win the King unto them by shewing themselves good and loyal and obedient Subjects in temporal duties and not to meddle any thing against his State that by their deeds he may see what security may be expected from them and may also bind himself to favor them these being things that do no way contradict the observing the Catholick Religion and are due from them to the dignity of their King and Natural Lord And for the same reason they ought to abstain from all ill practices or unfitting speech or actions against his Person as is said some heretofore have used especially seeing no good hath or can come thereof and thereby they shall justly provoke him against themselves and by holding this course they shall win the Kings good will and the Peace shall be preserved and by the Peace by little and little be won and attained that which is desired By this manner of proceeding it is certain there can come no inconvenience But in case that this your manner of dealing shall come to the Kings knowledge as possibly it may it will breed a great obligation of brotherhood and friendship between us when he shall see that I carry my self in this sort in his affairs and consequently will be the more confident of our amity and will thereby be induced the better to subdue all malice in them that shall endeavor to perswade the contrary And therefore you shall have a special care to do this dexteriously in due time and season and to inform your self very particularly from the said D. A. concerning those with whom you may deal confidently and how far you may trust the Negotiants for the Catholicks though you shall do well alway to proceed with the aforesaid caution and wariness You shall understand from the said D.A. what Pensions are allotted to certain Ministers of that King and to other persons It will be necessary to inform your self throughly of all that concerns this point and that you know both the Persons and Pensions to serve your self of them and to make the best use of them in all occasions that shall be most behoveful for your better direction in the Businesses given you in charge and all others that may be offered of consequence seeing the said Pensions were appointed to that end Whatsoever of the said Pensions you shall find unpaid for the time past D. A. is to discharge and you shall undertake for the time to come telling every one what his Pension is to the end they may be deceived of no part thereof by the Third person who conveys it unto them and let it be punctually paid at the days that their good payment may bind them to persevere and do their service punctually for the which you shall be furnished with all that shall be necessary And have a special care to advertise me how such persons employ themselves in the things that shall occur disguising their names in such manner as D.A. doth Above all You must take great care to dive into the estate of the affairs of that King What his Treasure is In what Estimation he is with his Subjects and what Correspondeneie and good meaning there is betwixt them How the English Scotch and Irish stand affected among themselves and one towards another and towards their Neighbors and how they are bent against me and my Common Estates or any of my particular Kingdoms whence they draw their Intelligences and particularly what amity and correspondencie that King entertaineth with France and with the Neutrals of Holland and Zealand and with the Venetians and upon what causes it is founded what matters they treat of what designs they have in hand All which is very necessary to be known for the attaining of which D.A. will open unto you some ways which you must follow besides those
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
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
of thrée honorable Lords to impart unto us the weighty occasions moving your Majesty thereunto and from them we did understand these particulars That notwithstanding your Princely and pious endeavors to procure peace the time is now come that Janus Temple must be opened That the voice of Bellona must be heard and not the voice of the Turtle That there was no hope of peace nor any truce to be obtained no not for a few days That your Majesty must either abandon your own Children or engage your self in a War wherein consideration is to be had what Foot what Horse what Money will be sufficient That the Lower Palatinate was seised upon by the Army of the King of Spain as Executor of the Ban there in quality of Duke of Burgundy as the Upper Palatinate was by the Duke of Bavaria That the King of Spain at his own charge had now at least five Armies on foot That the Princes of the Union were disbanded but the Catholick League remained firm whereby those Princes so dissevered were in danger one by one to be ruined That the estate of those of the Religion in Foreign parts was miserable and that out of these considerations we were called to a War and forthwith to advise for a supply for kéeping the forces in the Palatinate from disbanding and to foresee the means for raising and maintaining the Body of an Army for the War against the Spring We therefore out of our zeal to your Maiesty and your Posterity with more alacrity and celerity than ever was presidented in Parliament did Address our selves to the service commended unto us And although we cannot conceive That the honor and safety of your Maiesty and your Posterity the Patrimony of your Children invaded and possessed by their enemies the welfare of Religion and State of your Kingdom are matters at any time unfit for our déepest consideration in time of Parliament And though before this time we were in some of these points silent yet being now invited thereunto and led on by so iust an occasion we thought it our duties to provide for the present supply thereof and not onely to turn our eyes on a War abroad but to take care for the securing of our peace at home which the dangerous increase and insolency of Popish Recusants apparently visibly and sensibly did lead us unto The consideration whereof did necessarily draw us truly to represent unto your Maiesty what we conceive to be the causes what we feared would be the effects and what we hoped might be the remedies of these growing Evils among which as incident and unavoidable we fell upon some things which séem to touch upon the King of Spain as they have relation to Popish Recusants at home to the Wars by him maintained in the Palatinate against your Maiesties Children and to his several Armies now on foot yet as we conceived without touch of dishonor to that King or any other Prince your Maiesties Confederate In the Discourse whereof we did not assume to our selves any power to determine of any part thereof nor intend to incroach or intrude upon the Sacred Bounds of Your Royal Authority to whom and to whom onely we acknowledge it doth belong to resolve of Peace and War and of the Marriage of the most Noble Prince your Son But as your most loyal and humble Subjects and Servants representing the whole Commons of your Kingdom who have a large Interest in the happy and prosperous estate of your Majesty and your Royal Posterity and of the flourishing estate of our Church and Commonwealth did resolve out of our Cares and Fears truly and plainly to demonstrate these things to your Majesty which we were not assured could otherwise come so fully and clearly to your knowledge and that being done to lay the same down at your Majesties féet without expectation of any other Answer of your Majesty touching these higher points then what at your good pleasure and in your own time should be held fit This being the effect of that we had formerly resolved upon and these the Occasions and Reasons inducing the same Our humble suit to your Majesty and confidence is That your Majesty will be gratiously pleased to receive at the hands of these our Messengers our former humble Declaration and Petition and vouchsafe to read and favorably to interpret the same and that to so much thereof as containeth our humble Petition concerning Iesuits Priests and Popish Recusants the Passage of Bills and Granting your Royal Pardon you will vouchsafe an Answer unto us And whereas your Majesty by the general words of your Letter séemeth to restrain us from intermedling with Matters of Government or Particulars which have their motion in the Courts of Iustice the generality of which words in the largeness of the extent thereof as we hope beyond your Majesties intention might involve those things which are the proper Subjects of Parliamentary occasions and discourse And whereas your Majesty doth séem to abridge us of the Antient Liberty of Parliament for Fréedom of Spéech Iurisdiction and Iust Censure of the House and other procéedings there wherein we trust in God we shall never transgress the bounds of Loyal and Dutiful Subjects a Liberty which we assure our selves so Wise and so Iust a King will not infringe the same being our antient and undoubted Right and an Inheritance received from our Ancestors without which we cannot fréely debate nor clearly discern of things in question before us nor truly inform your Majesty In which we have béen confirmed by your Maiesties most gratious former Spéeches and Messages We are therefore now again inforced in all humbleness to pray your Maiesty to allow the same and thereby to take away the Doubts and Scruples your Maiesties late Letter to our Speaker hath wrought upon us So shall we your loyal and loving Subiects ever acknowledge your Maiesties Iustice Grace and Goodness and be ready to perform that service to your Maiesty which in the true affection of our hearts we profess and pour out our daily and devout Prayers to the Almighty for your Maiesties long life happy and religious Reign and prosperous Estate and for your Royal Posterity after you for ever The King having rejected the first Petition gave to the later this Answer following WE must here begin in the same fashion that we would have done if the first Petition had come to our hands before we had made a stay thereof which is to repeat the first words of the late Queen of famous memory used by her in answer to an Insolent Proposition made by a Polonian Ambassador unto her that is Legatum expectabamus Heraldum accipimus For we had great reason to expect that the first Message from your House should have been a Message of Thanksgiving for our continued gratious behavior towards our people since your last Recess not onely by our Proclamation of Grace wherein were contained Six or seven and thirty Articles all of several
points of Grace to the people but also by the labor we took for the satisfaction of both Houses in those three Articles recommended unto us in both their names by the Right Reverend Father in God the Archbishop of Canterbury and likewise for the good Government of Ireland we are now in hand with at your request but not onely have we heard no news of all this but contrary great complaints of the danger of Religion within this Kingdom tacitely implying our ill Government in this point And we leave you to judge whether it be your duties that are the Representative Body of our people so to distaste them with our Government whereas by the contrary it is your duty with all your endeavors to kindle more and more a dutiful and thankful love in the peoples hearts towards us for our just and gratious Government Now whereas in the very beginning of this your Apology you tax us in fair terms of trusting uncertain Reports and partial Informations concerning your proceedings we wish you to remember that we are an old and experienced King needing no such Lessons being in our Conscience freest of any King alive from hearing or trusting idle Reports which so many of your House as are nearest us can bear witness unto you if you would give as good ear to them as you do to some Tribunitial Orators among you And for proof in this particular we have made your own Messengers confer your other Petitions sent by you with the Copy thereof which was sent us before Between which there is no difference at all but that since our receiving the first Copy you added a conclusion unto it which could not come to our hands till it was done by you and your Messengers sent which was all at one time And if we had had no Copy of it before-hand we must have received your first Petition to our great dishonor before we had known what it contained which would have enforced us to return you a far worse Answer then now we do for then your Messengers had returned with nothing but that we have judged your Petition unlawful and unworthy of an Answer For as to your conclusion thereof it is nothing but Protestatio contraria facto for in the Body of your Petition you usurpe upon our Prerogative Royal and meddle with things far above your reach and then in the conclusion you protest the contrary As if a Robber would take a mans purse and then protest he meant not to rob him For first you presume to give us your advice concerning the Match of our dearest Son with some Proâ—â—stant we cannot say Princess for we know none of these fit for hâ—m and disswade us from his Match with Spain urging us to a presenâ— War with that King and yet in the conclusion forsooth ye protest ye intend not to press upon our most undoubted and Regal Prerogative as if the Petitioning of us in matters that your selves confess ye ought not to meddle with were not a meddling with them And whereas ye pretend That ye were invited to this course by the Speeches of Three honorable Lords yet by so much as your selves repeat of the Speeches nothing can be concluded but that we were resolved by War to regain the Palatinate if otherwise we could not attain unto it And you were invited to advise forthwith upon a Supply for keeping the forces in the Palatinate from disbanding and to foresee the means for the raising and maintenance of the Body of an Army for that War against the Spring Now what inference can be made upon this that therefore we must presently denounce War against the King of Spain break our dearest Sons match and match him to one of our Religion let the World judge The difference is no greater than if we would tell a Merchant that we had great need to borrow Money from him for raising an Army that thereupon it should follow that we were bound to follow his advice in the direction of the War and all things depending thereupon But yet not contenting your selves with this excuse of yours which indeed cannot hold water ye come after to a direct contradiction to the conclusion of your former Petition saying That the honor and safety of us and our Posterity and the Patrimony of Our Children invaded and possessed by their enemies the Welfare of Religion and State of our Kingdom are matters at any time not unfit for your deepest considerations in Parliament To this generality we answer with the Logicians That where all things are contained nothing is omitted So as this Plenipotency of yours invests you in all power upon Earth lacking nothing but the Popes to have the Keys also both of Heaven and Purgatory And to this vast generality of yours we can give no other answer for it will trouble all the best Lawyers in the House to make a good Commentary upon it For so did the Puritan Ministers in Scotland bring all kinde of causes within the compass of their jurisdiction saying That it was the Churches office to judge of slander and there could no kinde of crime or fault be committed but there was a slander in it either against God the King or their Neighbor and by this means they hooked into themselves the cognisance of all causes Or like Bellarmines distinction of the Popes power over Kings in Ordine ad Spiritualia whereby he gives them all Temporal Jurisdiction over them But to give you a direct Answer to the matter of War for which you are so earnest We confess we rather expected you should have given us thanks for the so long maintaining a setled Peace in all our Dominions when as all our Neighbors about are in miserable combustion of War but dulce bellum inexpertis And we indeed finde by experience that a number of our Subjects are so pampered with Peace as they are desirous of change though they knew not what It is true that we have ever professed and in that minde with Gods grace we will live and die that we will labor by all means possible either by Treaty or by force to restore our Children to their ancient Dignity and Inheritance And whatsoever Christian Princes or Potentates will set themselves against it we will not spare any lawful means to bring our so just and honorable purpose to a good end neither shall the match of our Son or â—ny other worldly respect be preferred to this our resolution For by our credit and intervention with the King of Spain and the Arch-Dutches and her Husband now with God we preserved the Lower Palatinate one whole year from any further conquering in it which in eight days space in that time might have easily been swallowed up by Spinola's Army without any resistance And in no better case was it now at our Ambassador the Lord Digbies coming through Heidelburgh if he had not extraordinarily succored it But because we conceive that ye couple this War of the Palatinate with
the Cause of Religion we must a little unfold your eyes herein The beginning of this miserable War which hath set all Christendom on fire was not for Religion but only caused by our Son-in-law his hasty and harsh resolution following evil Counsel to take to himself the Crown of Bohemia And that this is true himself wrote Letters unto us at that time desiring to give assurance both to the French King and State of Venice that his accepting of the Crown of Bohemia had no reference to the Cause of Religion but only by reason of his right of Election as he called it And we would be sorry that that aspersion should come upon our Religion as to make it a good pretext for dethroning of Kings and usurping their Crowns And we would be loth that our people here should be taught that strange doctrine No let us not so far wrong the â—esuites as to rob them of their sweet Positions and practice in that very point And upon the other part We assure our self so far of your charitable thoughts of us that we would never have constantly denied our Son in law both the Title and assistance in that point if we had been well perswaded of the justice of his quarrel But to conclude This unjust usurpation of the Crowns of Bohemia and Hungaria from the Emperor hath given the Pope and all that party too fair a ground and opened them too wide a gate for curbing and oppressing of many thousands of our Religion in divers parts of Christendom And whereas you excuse your touching upon the King of Spain upon occasion of the incidents by you repeated in that place and yet affirm that it is without any touch to his honor We cannot wonder enough that ye are so forgetful both of your words and writs For in your former Petition ye plainly affirm That he affects the Temporal Monarchy of the whole Earth then which there can be no more malice uttered against any great King to make all other Princes and Potentates both envy and hate him But if ye list it may easily be tryed whether that speech touched him in honor or not if ye shall ask him the question whether he means to assume to himself that title or no For every King can best judge of his own honor We omit the particular ejaculations of some foul-mouthed Orators in your House against the Honor of that Kings Crown and State And touching your excuse of not determining any thing concerning the Match of our dearest Son but only to tell your Opinion and lay it down at our feet First we desire to know how you could have presumed to determine in that point without committing of High Treason And next you cannot deny but your talking of his his Match after that manner was a direct breach of our commandment and declaration out of our own mouth at the first sitting down of this Parliament where we plainly professed that we were in Treaty of this Match with Spain and wished you to have that confidence in our Religion and Wisdom that we would so manage it as our Religion should receive no prejudice by it And the same we now repeat unto you professing that we are so far engaged in that Match as we cannot in honor go back except the King of Spain perform not such things as we expect at his hands And therefore we are sorry that ye should shew to have so great distrust in us as to conceive that we should be cold in our Religion Otherwise we cannot imagine how our former publique Declaration should not have stopt your mouths in this point And as to your request That we would now receive your former Petition We wonder what could make you presume that we would receive it whereas in our former Letter we plainly declared the contrary unto you And therefore we have justly rejected that suit of yours For what have you left unattempted in the highest points of Soveraignty in that Petition of yours except the striking of Coin For it contains the violation of Leagues the particular way how to govern a War and the Marriage of our dearest Son both Negative with Spain nay with any other Popish Princess and also Affirmatively as to the matching with one of our Religion which we confess is a strain beyond any providence or wisdom God hath given us as things now stand These are unfit things to be handled in Parliament except your King should require it of you For who can have wisdom to judge of things of that nature but such as are daily acquainted with the particulars of Treaties and of the variable and fixed connexion of affairs of State together with the knowledge of the secret ways ends and intentions of Princes in their several Negotiations otherwise a small mistaking of matters of this nature may produce more effects then can be imagined And therefore Ne Sutor ultra crepidam And besides the intermedling in Parliament with matters of Peace or War and Marriage of our dearest Son would be such a Diminution to us and to our Crown in Foreign Countries as would make any Prince neglect to treat with us either in matters of Peace or Marriage except they might be assured by the assent of Parliament And so it proved long ago with a King of France who upon a Trick procuring his States to dissent from some Treaty which before he had made was after refused Treating with any other Princes to his great reproach unless he would first procure the assent of his Estates to their Proposition And will you cast your eyes upon the late times you shall find that the late Queen of famous memory was humbly petitioned by a Parliament to be pleased to marry But her Answer was That she liked their Petition well because it was simple not limiting her to place or person as not befitting her liking to their fancies And if they had done otherwise she would have thought it a high presumption in them Judge then what we may do in such a case having made our publique declaration already as we said before directly contrary to that which you have now petitioned Now to the points in your Petition whereof you desire an Answer as properly belonging to the Parliament The first and the greatest point is that of Religion Concerning which at this time we can give you no other Answer then in the general which is That you may rest secure that we will never be weary to do all we can for the propagation of our Religion and repressing of Popery But the manner and form you must remit to our care and providence who can best consider of times and seasons not by undertaking a Publique War of Religion through all the World at once which how hard and dangerous a task it may prove you may judge But this puts us in mind how all the World complained the last year of plenty of Corn and God sent us a Cooling-card this year for that heat And
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
not doubting but we shall confine our selves within the limits of Duty And because this great business may give us occasion often to resort to your Majesty That upon our Publick Suit you will be pleased to give us your own fit time of access And that all our actions may have a benign interpretation and a good acceptation and opinion Lastly That I may not onely be a Speaker but an humble Suitor protesting by the great God by whom Kings do reign That whatsoever I have said hath proceeded from a Loyal Heart I therefore desire that may be covered with the vail of your Gratious Construction or acquitted by your Gratious Pardon The King having referred the whole business of the Spanish Match to the Advice of Parliament the Duke of Buckingham made to both Houses in the Pallace at Whitehal a long Narration of all the Transactions in Spain which was accompained with the Princes Attestation In the Narration it self his Grace observed Six distinct and several parts The first was the Motives of the Prince his Iourney to Spain The second the Treaty of the Marriage set on foot in Spain severally and by its self The third the Treaty of the Marriage and Restitution united together by a Reciprocal Subordination The fourth the Prince his Highness return from Spain The fifth his Majesties subsequent proceedings in both the Treaties since the return The last was the stating of the Question super totam materiam wherein both the Houses were to offer unto his Majesty their humble Advice and Counsel Of these parts his Grace spake very distinctly and orderly I. The Motives to the Princes Journey to Spain THe Negotiation of Master Chancellor of the Exchequer with the Arch-Dutchess which ministred unto his Majesty the first occasion of Jealousie and made a kinde of discovery of the Spaniards indirect dealing with this State Then was read the aforementioned Letter of the Third of October 1622. from the King to the Earl of Bristol wherein Bristol was required to let the King of Spain know how sensible King Iames was of the Emperors proceedings towards him and that he should demand of the King of Spain a promise under Hand and Seal that Heidelburgh should be delivered within Seventy days after Audience and the like for Manheim and Frankendale if they be taken and if this be denied to press to have leave to march through the King of Spains Territories with an Army for the recovery of his Childrens Patrimony and that the King of Spain should assist us with his Forces The Duke desired the Houses to take for truth what ever he should say granted and attested by the Princes presence and declared That this Letter was not put home to the uttermost by Bristol Hereupon a Dispatch was sent away to my Lord of Bristol expresly commanding him to press his Directions more home then yet he had done and in case he should be denied or delayed by the King of Spain then to take his leave and come away This was not so fully exacted by my Lord of Bristol Porter that carried these Letters was commanded not to stay above Ten days who after he had been there some Four or five days and saw nothing towards a Dispatch went himself to the Conde Olivares having been his Creature and desired him that he would speed his Dispatch Olivares asked him what he would have who replied No more then what had been formerly promised that in case the Emperor should deny the Restitution of the Palatinate the King of Spain should assist our King by Arms to recover it or else give way to our Forces to March thither through his Countrey Olivares replied That this was a preposterous demand What to assist with Arms against the Kings Uncle and the Catholick League Porter speaking to him of the Marriage of our Prince with the Infanta of Spain he told him That he understood not a word of it Porter acquainting Bristol herewith he said He would call Olivares to an account if he held this Language with him and would make him understand That an Earl of England was as good a maâ— as a Conde of Spain But sending for Porter the next morning he changed his resolution and concluded to carry the business more calmly and said the Conde was so reserved because he was slie and dainty to report those Mysteries with that freedom to him who was not qualified as a Publick Minister The Conde was angry with Porter for communicating what he said to Bristol Mr. Porter returned with a Dispatch fraught with Generalities without any one particular or certainty at all made in relation to the Prince's Highness who thereupon took his resolution to go in person to Spain and gave himself these Reasons for the enterprise He saw his Fathers Negotiation plainly deluded Matters of Religion gained upon and extorted his Sisters cause more and more desperate and that this was the way to put things off or on and that in this particular delay was worse then a denial and that according to the usual Proverb A desperate disease must have a desperate remedy Hereupon the King commanded the Duke to accompany his Highness in his Journey II. The Treaty of the Marriage severed and by it self WHen the Prince had arived at Madrid the Conde gave him a visit magnified exceedingly the Princes journey amplified the Obligations his Highness had put upon that King and said That now without all peradventure it must be a Match and we must part and divide the whole World between us The next day the Conde taking the Duke into his Coach and Mr. Porter for his Interpreter falling into discourse of the Match he said unto the Duke Let us dispatch this Match out of hand and strike â— up without the Pope The Duke answered He liked the manner very wâ—ll but desired to understand the Means The Means quoth the Conde is very easie it is but the Conversion of the Prince which we cannot conceive but his Highness intended upon his Resolution for this Journey The Duke answered forthwith That with freedom they came thither and with freedom they would return again they were no Juglers neither came they to Spain to make new bargains That the Prince was setled in his Religion his Conscience was troubled with no scruples in that kinde If they struck any more upon that string they would mar all the harmony Then said the Conde there is no way but to send to Rome to hasten the Dispensation to which the Duke assented Hereupon the Conde wrote his Letter to the Cardinal Lodovisia the Popes Nephew which being shewed to the Duke seemed to him to be very heavy the Duke therefore desired to quicken it with this Postscript That now the Prince being arived must not be sent back without a Wife that delay to a Suitor is a kinde of refusal that Clogging Instructions would amount to a denial and new Conditions to an absolute breach The Conde fell into Choller said directly it
remember that in my first Speech unto you for proof of my love to my People I craved your Advice in this great and weighty affair But in a matter of this weight I must first consider how this Course may agree with my Conscience and Honor and next according to the Parable uttered by our Saviour after I have resolved of the Necessity and justness of the Cause to consider how I shall be enabled to raise Forces for this purpose As concerning the Cause of my Children I am now old and as Moses saw the Land of Promise from an high mountain though he had not leave to set his foot in it so it would be a great comfort to me that God would but so long prolong my days as if I might not see the Restitution yet at least I might be assured that it would be That then I might with old Simeon say Nunc dimittis Servum tuum Domine c. Otherwise it would be a great grief unto me and I should die with a heavy and discomforted heart I have often said and particularly in the last Parliament and I shall ever be of that mind That as I am not ambitious of any other mens Goods or Lands so I desire not to enjoy a Furrow of Land in England Scotland or Ireland without Restitution of the Palatinate And in this mind I will live and die But let me acquaint you a little with the Difficulties of this Cause He is an unhappy man that shall advise a King to War and it is an unhappy thing to seek that by Blood which may be had by Peace Besides I think your intentions are not to engage me in War but withal you will consider how many things are requisite thereunto I omit to speak of my own Necessities they are too well known Sure I am I have had the least help in Parliament of any King that ever reigned over you these many years I must let you know that my Disabilities are increased by the Charge of my Son's journey into Spain which I was at for his honor and the honor of this Nation By sending of Ambassadors by maintaining of my Children and by assisting of the Palatinate I have incurred a great Debt to the King of Denmark which I am not able yet to pay The Low-Countries who in regard of their nearness are fittest to help for the Recovery of the Palatinate are at so low an ebb that if I assist them not they are scarce able to subsist The Princes of Germany that should do me any good are all poor weak and disheartned and do expect assistance from hence For Ireland I leave it to you whether that be not a back-door to be secured For the Navy I thank God it is in a better case then ever it was yet more must be done and before it can be prepared as it ought to be it will require a new Charge as well for its own strength as for the securing of the Coasts My Children I vow to God eat no bread but by my means I must maintain them and not see them want In the mean time my Customs are the best part of my Revenues and in effect the substance of all I have to live on All which are farmed out upon that condition That if there be War those Bargains are to be disannulled which will enforce a great defalcation Subsidies ask a great time to bring them in Now if you assist me that way I must take them up beforehand upon credit which will eat up a great part of them This being my Case To enter into War without sufficient means to support it were to shew my teeth and do no more In the mean time I heartily thank you for your Advice and will seriously think upon it as I pray you to consider of those other parts My Treasurer to whose Office it appertains shall more at large inform you of those things that concern my Estate Thus freely do I open my heart unto you And having your hearts I cannot want your helps for it is the heart that openeth the purse not the purse the heart I will deal frankly with you Shew me the Means how I may do what you would have me and if I take a Resolution by your Advice to enter into a War then your selves by your own Deputies shall have the disposing of the Money I will not meddle with it but you shall appoint your own Treasurers I say not this with a purpose to invite you to open your Purses and then to slight you so much as not to follow your Counsel nor engage you before I be engaged my self Give me what you will for my own means but I protest none of the Monies which you shall give for those uses shall be issued but for those ends and by men elected by your selves If upon your offer I shall find the means to make the War honorable and safe and that I resolve to embrace your Advice then I promise you in the word of a King That although War and Peace be the peculiar Prerogatives of Kings yet as I have advised with you in the Treaties on which War may ensue so I will not treat nor accept of a Peace without first acquainting you with it and hearing your advice and therein go the proper way of Parliament in conferring and consulting with you And happily the Conditions of Peace will be the better when we be prepared for War according to the old Proverb That Weapons bode Peace Your kind carriage gives me much content And that comforts me which my Lord of Canterbury said That there was not a Contrary voice amongst you all like the Seventy Interpreters who were led by the breath of God I am so desirous to forget all rents in former Parliaments that it shall not be in my default if I am not in love with Parliaments and call them often and desire to end my life in that entercourse between me and my people for the making of good Laws reforming of such Abuses as I cannot be well informed of but in Parliament and maintaining the good Government of the Commonwealth Therefore go on cheerfully and advise of these Points and my Resolution shall then be declared Hereupon the House of Commons immediately took into consideration the matter of Supply And Sir Edward Sackvile afterwards Earl of Dorset spake thus to that Subject SInce Supply unto his Majesty is now in question of which I hope there will be no question I humbly ask leave of this Honorable Assembly to speak my Opinion assuring you That when a Treaty of Grievances shall be on foot it shall appear I will not sit silent if I find my self able to say any thing that may lend a hand to unload my Country of that heavy burthen it now groans under by reason of the innumerable number of Monopolies which like so many Incubusses and Succubusses exhaust the Vital spirits and so press down those Parts which ought to enjoy
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
the Kings Privy-Counsellors and other principal Subjects were examined upon oaths and Interrogatories most pertinent to the Accusation were propounded to them but this examination discovered nothing The King turned again to the Ambassadors with new instances to make a clear discovery but they still resolved to conceal the Authors And it was alledged by their Partakers and intimated to the King that the things were such as could not be evidenced by Legal proofs because the persons by whose testimony they may be confirmed do for fear of a most potent Adversary withdraw themselves and the Ambassadors never had the freedom personally to speak to his Majesty in the absence of the Duke of Buckingham an example say they unusual with other Kings and never to be taken well except when the King is weak in judgement and wants experience and a man wise and circumspect supplies his place But here said the Ambassador is a prudent King and a Favorite young rash and heady whose continual presence did argue guilt and fear and his Majesties most faithfull Servants dare not so much as disclose their minds Moreover they suggest that the business of the Palatinate was by him taken out of the hands of the Kings Council and referred to the Parliament that he did arrogate to himself the thanks of all things acceptable and was stiled the Redeemer of his Country and he would have it believed that he hath a dominion over the Kings and Princes will And things standing thus though many may be found that will speak against the King yet none will appear to speak against the Duke For which causes these close Informers besought his Majesty to free his Vassals from fear and diffidence who otherwise will dare discover nothing for his preservation But these dark Intelligences had no other issue then the moving of King Iames to represent to the King of Spain the miscarriages of his Ambassadors remitting the cause unto him with a demand of Justice and reparation for that the Information was sufficient to put impressions in him of perpetual jealousies of the Duke Hereupon when the Ambassadors were returned home they suffered a few dayes confinement but were afterwards rather rewarded and further imployed For in the Court of Spain Buckinghams name was odious and the Princes honor of little value and the Kings reputation at a low ebb divers particular Enmities were already begun between the Subjects of both Crowns the English Merchants were oppressed in the Spanish Ports Notwithstanding the Dukes vast power and popularity the Earl of Bristol refused to bow before him The Earl though his charge were heavy and his Cause strongly prejudiced did not abandon his own defence but protested against the Dukes Narration of the Spanish Affairs and was committed to the Tower being not admitted into the Kings presence nor to plead his Cause before him He was to the Duke a stout and dangerous Enemy insomuch that he was said to violate the rules of the prudent Mariner who in a Storm and foul weather is accustomed rather to pull down then to hoise up Sailes Saturday the 29 of May the King being come to the House of Peers and his Majesty and the Lords in their Robes Sir Thomas Crew Speaker being come to the Bar and the Commons present he made this Speech THat God to his own great glory had brought this Session of the Parliament so happily begun to so happy an end that both Houses and every particular Member thereof had given their willing assent even with one voice unto the Advice which his Majesty was pleased so low to descend as to demand of them As there was not an hammer heard in the building of the House of God so in this great Business there was not a Negative voice nor any jarring among them But their time was wholly spent in the business of Parliament in which they had prepared many Bills profitable for the Common-wealth and shewed the several natures of those Bills some for the service of God and restraint of Recusants some to redress the Enormities of the Commonwealth others of his Majesties grace and bounty to his people and some concerning the Prince's Highness touching his own Lands and others to settle strife in particular Estates all which do wait for and humbly desire his Majesties Royal assent He shewed also what great joy they all received for the Dissolution of the two Treaties with Spain and that Commissioners are required to see the Edicts performed against Recusants and Iesuites the Locusts of Rome wherein will consist his Majesties chiefest safety And they do render him humble thanks for their antient Priviledges which they fully enjoyed this Parliament and their so often access unto his Majesties presence and more especially for his Majesties general large liberal and free Pardon shewing the benefit thereof and reciting the particulars He also presented the Bill of Three entire Subsidies and Three Fifteens and Tenths granted this Session and declared the cheerfulness of the grant thereof And making his earnest prayers unto Almighty God to direct his Majesties heart to make his own Sword his Sheriff to put his Son-in-law in possession of his Palatinate the antient Inheritance of his Royal Grandchildren he ended humbly craving pardon for himself and his own errors committed this Session Unto which his Majesty presently made answer beginning with the last of the Speakers Speech touching their Freedom which he promised to continue unto them in as large a manner as ever they enjoyed the same And for the Restitution of his Son-in-law protested his continual care thereof and his great grief if he should not see an assured hope before he died and vowed that all the Subsidies for which he heartily thanked them though it had not been so tied and limited should have been bestowed that way His Majesty remembred them that nothing was given to relieve his own wants which he expecteth at the neâ—â— Session the beginning of Winter He acknowledged the obedience and good respect of the Commons in all things this Parliament for which as he was pleased to say he thanks them heartâ—ly and without complement and if they please to continue the same at their next meeting it will make this the happiest Parliament that ever was His Majesty spake also of the Grievances presented unto him yesterday by the Commons at Whitehall promising them a full Answer at their next meeting That he had looked over them and was glad they were of no greater importance His Majesty remembred the House to handle Grievances at their next meeting and to hunt after none nor to present any but those of importance He promised to go over them all and to give a free answer such as should be good for his People not respecting any Creature whatsoever and that he will advise herein with his Council and Judges At this time his Majesty said he would shew them his grievances first that they grieve at the Reformation of Building about London
attended by all the Servants in Ordinary The day following the Privy-Counsellors to the late King with all the Lords Spiritual and Temporal then about London were in the Council Chamber at Whitehall by Eight of the Clock in the morning ready to go together and present themselves to his Majesty but there came in the mean a Commandment from the King by the Lord Conway and Sir Albertus Morton Principal Secretaries of State to the deceased King that the Lord Keeper of the Great-Seal should be sworn of his Majesties Privy-Council and that he should give the Oath to the Lord President by whom all the rest of the late Kings Council should be sworn Counsellors to his present Majesty The Lord Keeper of the great Seal the Lord President the Lord Arch-bishop of Canterbury the Lord Treasurer of England the Lord Privy-Seal the Duke of Buckingham Lord Admiral of England the Earl of Pembrook Lord Chamberlain the Earl of Montgomery the Earl of Kellye the Earl of Arundel Earl Marshal of England the Lord Viscount Grandison the Lord Conwey the Lord Brook Mr Treasurer Mr Comptroller the Master of the Wards Mr Secretary Morton Mr Chancellor of the Exchequer and the Master of the Rolls were this day sworn accordingly the Lord Keeper did take an Oath apart as Lord Keeper of the Great Seal the Lord Treasurer as Lord Treasurer of England the Lord President as Lord President of the Kings Privy-Council and the Lord Conwey and Sir Albertus Norton as principal Secretaries of State the Lords which were not of his Majesties Privy-Council repaired by themselves to St Iames's and presented themselves to the King and kissed his hand The Council sat immediately and advised of the most important and pressing matters to be offered to the King for his present service and resolved upon these particulars That a Commission be granted to authorize the Great-Seal Privy-Seal and Signet till new ones be prepared also Commissions for authorizng of Judges Justices of Peace Sheriffs and other such Officers for Government that there be a general Proclamation for continuation of Proceedings preservation of Peace and administration of Justice that Letters be prepared for the Ambassadors with foreign Princes to authorize their services to the King that special Messengers be sent unto foreign Princes that the like Proclamations to those of England be sent into Scotland that Commissions be renewed into Ireland to the Deputy and Officers there that the Mint for Coyning of money go on and all things be mannaged by the Officers as then they stood till the Kings pleasure be further known that a Parliament be summoned when the King shall appoint that the Kings pleasure be known concerning the time of his Fathers Funeral and where the Corps shall rest in the mean time as also the time of his Majesties Coronation This being done the whole Council attended the King at St Iames's where the Lord Keeper in the name of all the rest presented their humble thanks that it had pleased his Majesty to have affiance in those that had been Counsellors to his Father to receive them all to be of his Privy-Council the Lord President represented to the King the matters before mentioned which the King allowed and gave order that those of them which required speed should be put in execution and most of the powers he signed presently And first because by the death of the late King the Authorities and powers of the greatest number of Offices and places of Government did cease and fail by the failing of the Soveraign Person from whom the same were derived a Proclamation issued forth signifying his Majesties pleasure that all persons whatsoever who at the decease of the late King were invested in any Office or Place of Government Civil or Martial within the Realms of England and Ireland and namely Presidents Lieutenants Vice-Presidents Judges Justices Sheriffs Deputy Lieutenants Commissaries of Musters Justices of Peace shall continue in their several Offices till his Majesties pleasure were further known In another Proclamation of the same date the King took notice of his Fathers death and that he being his onely Son and undoubted Heir is invested and established in the Crown Imperial of this Realm and all other his Majesties Realms Dominions and Countries with all the Royalties Preeminencies Stiles Names Titles and Dignities to the same belonging and he declared That as he for his part shall by Gods grace shew himself a most benign and gracious Soveraign Lord to all his good Subjects in all their lawfull Suits and Causes so he mistrusteth not but that they on their parts will shew themselves unto him their natural Liege Lord most loving faithfull and obedient Subjects The Council resolved to move the King that his Fathers Funeral might be solemnized within five weeks and within a few dayes after the Ceremonial Nuptials in France and before the Parliament began in England These Resolves the Lord President represented unto the King who accepted of the advices and said he would follow them Moreover he summoned a Parliament to begin the seventeeth of May but by the advice of his Privy-Council Prorogued it to the one and thirtieth of May afterwards to the thirteenth of Iune and then to the eighteenth of the same moneth which Prorogations were occasioned by the Kings going to Dover to receive the Queen April 23. The Body and Herse of King Iames was brought from Theobalds to London being conducted by the Officers of the Guard of the Body all in Mourning every one having a Torch and attended by all the Lords of the Court and great numbers of other persons of quality and was placed in Denmark-House in the Hall of the deceased Queen Anne The seventh of May was the day of Burial the Body and Herse were taken from the said Hall of State and brought in great Pompe and Solemnity to Westminster where the Kings of England use to be interred The new King to shew his Piety towards his deceased Father was content to dispense with Majesty he followed in the Rear having at his right hand the Earl of Arundel at his left the Earl of Pembrook both Knights of the Garter his Train was born up by twelve Peers of the Realm So King Iames who lived in Peace and assumed the title of Peace-maker was peaceably laid in his Grave in the Abby at Westminster King Charles in his Fathers life time was linked to the Duke of Buckingham and now continued to receive him into an admired intimacy and dearness making him Partaker of all his Counsels and Cares and Chief Conductor of his Affairs an Example rare in this Nation to be the Favorite of two succeding Princes The Publick State of Religion and the steering of Church-matters had an early inspection and consultation in the Cabinet Council Bishop Laud who in King Iame's life time had delivered to the Duke a little book about Doctrinal Puritanism now also delivered to the Duke a
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
was done to this effect THat our Soveraign Lord King Iames of Famous Memory at the Suit of both Houses of Parliament and by the powerful operation of his Majesty that now is gave consent to break off the Two Treaties with Spain touching the Match and the Palatinate and to vindicate the many wrongs and scorns done unto his Majesty and his Royal Children Besides if the King of Spain were suffered to proceed in his Conquests under pretence of the Catholick Cause he would become the Catholick Monarch which he so much affects and aspires unto Also amidst these Necessities our late King considered That he might run a hazard with his people who being so long inured to Peace were unapt to War that the uniting with other Provinces in this undertaking was a Matter of exceeding Difficulty This drew him to new Treaties for regaining his Children right which were expulsed by the Friends and Agents of Spain and wherein his Majesty proceeded as far as the wisest Prince could go and suffered himself to be won unto that which otherwise was impossible for his Royal Nature to endure He considered also the many Difficulties abroad the Duke of Bavaria by Force and Contract had the Palatinate in his own possession most of the Electors and Princes of Germany were joyned with him The Estates of the other Princes most likely to joyn in a War of Recovery were seized and secured and all by a Conquering Army Besides the Emperor had called a Diet in which he would take away all possibility of recovering the Honor and Inheritance of the Palatinate thus it stood in Germany And in France the King there chose to sheath his Sword in the Bowels of his own Subjects rather then to declare against the Catholick Cause In the Low-Countreys the Sect of the Arminians prevailed much who inclined to the Papists rather then to their own safety notwithstanding that the Enemy had a great and powerful Army near them so that his Majesty was inforced to Protect and Countenance them with an Army of Six thousand from hence with a Caution of the like Supply from thence if required Moreover he sought Alliance with France by a Match for his Royal Majesty that now is thereby to have Interest in that King and to make him a Party The last consideration was his Majesties own Honor who had labored with the two Kings of Denmark and Sweden and the German Princes from whom he received but cold Answers they refusing to joyn unless they first saw his Majesty in the Field But of this he was very tender unless the League were broken or he first warred upon The Forces of an Army were considered and the way of proceeding whether by Invasion or Diversion The Charges thereof appeared in Parliament to be Seven hundred thousand pounds a year besides Ireland was to be fortified the Forts here repaired and a Navy prepared he thought it feasible to enter into a League with the French King and the Duke of Savoy and Venice Hereupon an Army was committed to Count Mansfield the charge whereof came to Seventy thousand pounds a Moneth for his Majesties part also he commanded the preparing of this great Fleet All which so heartned the Princes of Germany that they sent Ambassadors to the Kings of Denmark and Sweden and those two Kings offered a greater Army both of Horse and Foot to which his Majesty was to pay a proportion Count Mansfields Army though disastrous produced these happy effects First It prevented the Diet intended by the Emperor Secondly The German Princes gained new courage to defend themselves and oppose their Enemies Thirdly The King of Denmark hath raised an Army with which he is marched in person as far as Minden Moreover the Confederates of France and Italy have prosecuted a War in Milan and Peace is now made by the French King with his own Subjects so that by this means breath is given to our Affairs This Parliament is not called in meer Formality upon his Majesties first coming to the Crown but upon these Real Occasions to consult with the Lords and Commons Two Subsidies are already given and gratiously accepted but the Moneys thereof and much more are already disbursed A Fleet is now at Sea and hastning to their Rendezvous the Army is ready at Plimouth expecting their Commanders His Majesties Honor Religion and the Kingdomes safety is here engaged besides he is certainly advised of Designs to infest his Dominions in Ireland and upon our own Coasts and of the Enemies increase of Shipping in all parts These things have called the Parliament hither and the present Charge of all amounts to above Four hundred thousand pounds the further prosecution whereof the King being unable to bear hath left it to their Consultations His Majesty is verily perswaded That there is no King that loves his Subjects Religion and the Laws of the Land better then himself and likewise that there is no people that better loves their King which he will cherish to the uttermost It was thought that this place had been safe for this Assembly yet since the Sickness hath brought some fear thereof his Majesty willeth the Lords and Commons to put into the Ballance with the fear of the Sickness his and their great and weighty occasions Then the Lord Treasurer added That the late King when he died was indebted to the City of London 120000 l. besides Interest and indebted for Denmark and the Palatinate 150000 l. and indebted for his Wardrobe 40000 l. That these debts lie upon his Majesty that now is who is indebted upon London 70000 l. That he hath laid out for his Navy 20000 l. and 20000 l. for Count Mansfield And for Mourning and Funeral expences for his Father 42000 l. For expences concerning the Queen 40000. The Navy will require to set it forth in that Equipage as is requisit for the great Design his Majesty hath in hand and to pay them for the time intended for this Expedition 300000 l. After this Conference the Commons fell into high Debates alleaging That the Treasury was mis-employed that evil Councels guided the Kings Designs that our Necessities arose through Improvidence that they had need to Petition the King for a strait hand and better Counsel to Manage his Affairs And though a former Parliament did engage the King in a War yet if things were managed by contrary Designs and the Treasure misemployed This Parliament is not bound by another Parliament to be carried blindfold in Designs not guided by sound Counsel and that it is was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances redressed There were many Reflections upon the Dukes miscarriages likewise they reassumed the Debate concerning Montague and they resolved That Religion should have the first place in their Debates and next unto it the Kingdoms Safety and then Supplies Other particulars were likewise insisted on That the King be desired to Answer in full Parliament to the Petition
require of you by these Presents is Which we do promise in the name of Us our Heirs and Successors to repay to you or your Assigns within Eighteen moneths after the paiment thereof unto the Collector The person whom we have appointed to collect it is To whose hands we do require you to send it within Twelve days after you have received this Privy-Seal which together with the Collectors Acquittance shall be sufficient Warrant unto the Officers of our Receipt for the repaiment thereof at the time limited Given at c. The Collectors of this Loan were appointed to pay into the Exchequer the Sums received and to return the Names of such as discovered a disposition to delay or excuse the paiment of the Sums imposed Amidst the preparations for War with Spain the Privy-Council issued out Warrants for the disarming of Popish Recusants grounding their Order upon the Petition of the late Parliament HIs Majesty and we of his Council having received information from so many several parts of the bold and impudent spéeches used by many Romish Catholicks of this Realm declaring how much they are offended with the gracious satisfaction given by his Majesty to the Lords and Commons in Parliament in the points concerning the Conservation of true Religion as it is at this day by Authority preached in the Church of England And having just cause to doubt that many violent Papists through the instigation of Iesuited Priests may be inclined to take part with such as we well understand at this time practise with the Kings Subjects to raise stirs and tumults which they do not only foment by perswasions and instigations but with promise of assistance and seconding them with Arms their pretext being Religion but their ends Conquest pushed thereunto by an unlimited Ambition to a General Monarchy of which we have too large and clear proof And although we do not misjudge and condemn all his Majesties Subjects Romish Catholicks but believe that many of them will imploy their Arms and lives in his service Yet because we are not able to distinguish betwéen the well and worse-affected We have seconded with one Advice his Majesties Princely inclination following the example of his wiâ—e Predecessors of happy memory and government to take out of the possession of all Romish Recusants convicted or justly suspected according to the Acts of State heretofore expressed all such Martial Ammunitions Arms and Weapons as shall be found in their houses or discovered to be in the houses of any other persons belonging by right to any of the said Romish Recusants But so that the said Arms be only taken to be safely kept and the Property to be reserved to the Owners according to the former Presidents in like Cases This Design proceeded and the Council directed their Letters to these Lords Recusants viz. The Marquis of Winchester and the Lord St. John his son Lord Viscount Mountague Lord Viscount Colchester Lord Peter the Earl of Castlehaven Lord Morley Lord Vaux Lord Eures Lord Arundel of Warder Lord Tenham Lord Herbert Lord Windsor requiring them to render their Arms and Furniture thereunto belonging together with all their Habiliments of War to be removed into places convenient and to remain there till the King shall determine otherwise Moreover the Privy-Council having received information from the Lords-Lieutenants in divers parts of the Kingdom That there was great and unaccustomed Resort to the houses of Papists and that other Courses justly to be suspected were held among them Authorised the Lords-Lieutenants to examine the truth and reason of such Assemblies and Entertainment and of the conveyance and intercourse of Letters as also to enquire and search if there were any preparation of Men or Arms or Practice of Arms or endeavors of Alteration among persons discontented with the present Government In the mean time the Fleet was ready and Ten brave Regiments were designed for this Expedition The Duke not going in person Sir Edward Cecil was created Lord Viscount Wimbleton and made Commander in Chief In the Choice of the Officers for this service Sir Robert Mansel an experienced Sea-Commander was neglected which much disgusted the Mariners The Common Censure that passed both upon the Duke and this Enterprise may be known by the Lord Cromwels free language to the Duke in this Letter THey offer to lay wagers the Fleet goes not this year And that of necessity shortly a Parliament must be which when it comes sure it will much discontent you It is wondred at that since the King did give such great Gifts to the Duchess of Chevereux and those that then went how now a small Sum in the Parliament should be called for at such an unseasonable time And let the Parliament sit when it will begin they will where they ended They say the Lords of the Council knew nothing of Count Mansfield's Iourney or this Fleet which discontents even the best sort if not all They say it is a very great burden your Grace takes upon you since none knows any thing but you It is conceived that not letting others bear part of the burden you now bear it may ruine you which Heaven forbid Much discourse there is of your Lordship here and there as I passed home and back And nothing is more wondred at then that one Grave man is not known to have your ear except my good and Noble Lord Conway All men say if you go not with the Fleet you will suffer in it because if it prosper it will be thought no act of yours and if it succeed ill they say it might have been better had not you guided the King They say your undertakings in the Kingdom will much prejudice your Grace And if God bless you not with goodness as to accept kindly what in duty and love I here offer questionless my freedom in letting you know the discourse of the world may much prejudice me But if I must lose your favor I had rather lose it for striving to do you good in letting you know the talk of the wicked world then for any thing else so much I heartily desire your prosperity and to see you trample the ignorant multitude under foot All I have said is the Discourse of the World and when I am able to judge of Actions I will freely tell your Lordship my mind Which when it shall not always incline to serve you may all Noble thoughts forsake me But whilst the English Fleet was preparing for this Voyage great Reports were given out that the Spaniard would land Forces upon the Coast of Essex Wherefore the Earl of Warwick was commanded with Three thousand of the Trained Bands of Essex to secure the Port of Harwich and Langer-Point which service he performed with much readiness But upon the Blocking up of Dunkirk with Ships belonging to the English and to the States of the United Provinces his Lordship was ordered to dismiss his men Presently after Advertisements came to
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
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
King nor any other but with that express Clause and Condition That he should be bred in his own Religion and have such Tutors and Servants as his Father should appoint XI That the Lord Conway hath been the cause of all the Earl of Bristol's Troubles by his dubious and intrapping Dispatches and inâ—erring That the said Earl hath failed in his Directions when it shall be made appear that his Dispatches contained no such Directions as he hath alledged were given The House not being satisfied to commit the Earl to the Tower let him remain where he was before with the Gentleman Usher and further ordered That the Kings Charge against the Earl of Bristol be first heard and then the Charge of the said Earl against the Duke yet so that the Earls Testimony against the Duke be not prevented prejudiced or impeached The day following the Lord Keeper delivered a Message from the King to the House of Lords THat his Majesty taketh notice of the Articles exhibited against the Duke of Buckingham by the Earl of Bristol and he observeth that many of them are such as himself is able to say more of his own knowledge then any man for the Dukes sincere carriage in them That one of them touching the Narrative made in Parliament in the One and twentieth of King Iames trencheth as far upon himself as the Duke for that his Majesty went as far as the Duke in that Declaration and that all of them have been closed in the Earls own breast now for these two years contrary to his Duty if he had known any crime of that nature by the Duke and now he vents it by way of recrimination against the Duke whom he knows to be a principal Witness to prove his Majesties Charge And therefore That his Majesty gave them thanks that they gave no way to the Earl of Bristol's unreasonable motion of putting the Duke under the same restraint that they had put the Earl thereby eschewing what the Earl aimeth at to alter their dutifull Procedings toward his Majesty That thereby they had made his Majesty confident that as they have so they will put a difference between his Majesties Charge against one that appeareth as a Delinquent and the recrimination of the Earl of Bristol against his Majesties Witness and they will not equal them by a proceeding Pari Passu At this time there was an endeavor to take the Earls Cause out of the House and to proceed by way of Indictment in the Kings-Bench To which manner of proceeding why the Lords should not give way these ensuing Reasons were offered to consideration I. IT was ordered That in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have their learned Council to assist them in their defence And their Lordships declared That they did give their assents thereto because in all Cases as well Civil as Criminal and Capital they hold That all lawfull help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned II. The Earl of Bristol by his Petition to the House complained of his restraint desiring to be heard here as well in points of his wrongs as in his accusations against the Duke whereof his Majesty taking consideration signified his pleasure by the Lord Keeper April the 20 That his Majesty was resolved to put his Cause upon the honor and justice of this House and that his pleasure was that the said Earl should be sent for as a Delinquent to answer the offences he committed in his Negotiation before his Majesties going into Spain whilest his Majesty was there and since his coming thence and that his Majesty would cause these things to be charged against him in this House so as the House is fully possessed of the Cause as well by the Earls Petition as by the Kings assent and the Earl brought up to the House as a Delinquent to answer his offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if he be proceeded withal by way of Indictment in the Kings-Bench these dangerous inconveniences will follow viz. 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in a convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberties of the House will be thereby infrigned the Honor and Justice thereof declined contrary to the Kings pleasure expresly signified by the Lord Keeper All these things are expresly against the Order 5. The Earl being indicted it will not be in the power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true meaning of the Order and the Kings pleasure already signified and preserve the Liberties of the House and protect one from injury will be First To have the Charge delivered into the House in writing and the Earl to set down his Answer to it in writing and that the Witnesses may be examined and Evidences on both sides heard by such course and manner of proceedings as shall be thought fit by the House and if upon full hearing the House shall finde it to be Treason then to proceed by way of Indictment if doubtfull in point of Law to have the opinion of the Judges to clear it if doutfull in matter of Fact then to refer it to a regal Fait And the rather for that 1. It appears that the Earl in the space of two years till now he complained hath not been so much as questioned for matter of Treason 2. He hath been examined upon twenty Interrogatories and the Commissioners satisfie that his Answer would admit of no Reply 3. The Lord Conway by several Letters hath intimated That there was nothing against him but what was pardoned by the Parliament Pardon of 21 Iac. And signified his Majesties pleasure That he might rest in that security he was and sit still His Majesty hath often declared both to the Countess of Bristol and others That there was neither Fellony nor Treason against him nor ought else but what a small acknowledgment would expiate Some Cases happened in Parliament 1 2 Caroli wherein the Judges opinions were had viz. THis Question was put to all the Justices Whether a Peer impeached for Treason shall be tried in Parliament And the chief Justice in the name of all the Justices delivered his opinion that the course by Law was Indictment and this to be signified in Parliament before the Lord Steward vide 10
into my hands not as an Attorney onely for the Prince But the King of Spain having taken the substitution of them by his Secretary of State entred in Legal form whereby that King was then become interessed in them by their occupation as well as the Prince by granting of them And becoming the Instrumentum stipulatum wherein they were both interessed they were deposited in my hands as an indifferent person trusted between the King of Spain and the Prince with a Declaration of the Trust. And now the Duke was returned out of Spain he plotted my ruine and put it in execution in this manner He concealed that the powers were to expire at Christmas and procured his Majesty to write a Letter not a direct Commandment but expressing a desire that the Desponsories should not be till one of the days in Christmas intending thereby to draw me into a Dilemma That if I proceeded in the Match this Letter should as now it is have been inforced against me as a breach of Instructions If I had not proceeded then I had broken my trust between the Prince and King of Spain overthrown the Marriage so long sought and labored it being the main scope of my Ambassage contrary to express Warrant and that upon a Letter I must needs know to be a mistake And when I had written into England to have a direct Warrant in the point the Duke then seeing that Plot would not take he dealt with divers great Lords as was well known to some of their Lordships there present to have me upon my arival in England committed to the Tower before I should ever come to speak with the King which the Spanish Ambassador here in England having gotten private notice of gave advertisement thereof to that King Who thereupon foreseeing my danger and consulting with his Council and Divines what were fit for him in Honor and Conscience to do in that Case they resolved That seeing my Sufferings grew by being an honest man and endeavoring to perform the trust reposed in me by that King as well as the Prince That King was bound both in Honor and Conscience not onely to preserve me from ruine but to make me a reparation for any loss I should sustain by occasion of the Trust Whereupon at his departure going to Court to take his leave the Conde de Olivares told me what was plotted against me in England and in respect of the danger by reason of the greatness of my Adversary pâ—rswaded me to stay there and in his Masters Name made an offer not in secret but in the presence of Sir Walter Aston Here he repeated those offers of Reward Honor and Preferment which we have mentioned before in order of time and at present pass it by he then proceeded and said Upon what grounds and hope came I to encounter with those dangers Not upon hope of my greatness in Court and strength of Friends there to bolster out an ill Cause no sure my strength was too weak and my adversaries too powerful But I knew my Conscience was clear and my Cause was good and trusted in God Almighty And to him now and to their Lordships judgments recommended my self and my Cause And then he delivered his Answer desiring their Lordships it might be after Recorded in Parchment that it might remain to posterity which being read by one of his Council the Lord Keeper asked him Whether he desired to say any more then he had done he answered That he had something more to say but knew not the order or whether Mr. Attorney would speak first but he being desired to speak He desired their Lordships he might put them in minde of what he conceived they had already promised which was That the Duke whom he accused in that House of far higher offences then any with which he was charged might be proceeded with as he was and that they might be upon equal Conditions And that such heads as he had delivered against the Duke being of such Matters as he met withal in his Negotiation as an Ambassador and which he had according to his duty acquainted the State withal might by their Lordships care and order be put into Legal form and prosecuted for so was the use when he had the honor to sit at the Council Table He said He conceived he had already done his part to inform and would be ready to make it good it concerning their Lordships to see it prosecuted it not being to be expected that he should solicit it or if he would he could not being under restraint And he desired likewise that the Judges might deliver their opinions Whether the matter charged against him were Treason that if it should not so be in their opinions he might not lie under so heavy a burthen He put their Lordships in minde that it was a strange manner of proceeding that upon a displeasure a Peer of the Kingdom complaining of those that had practised against him and had been the causers of his Sufferings should then and never but then be charged with Treason He told them it was not his case alone but it equally concerned them and their Posterity and it might be some others hereafter more then him now For he said he thanked God he had some experience in the World and thereby and by those things he had kept was able to make his innocency appear which perhaps would not be every mans hereafter and so many an honest heart in a good cause distracted with fears and abandoned of Friends might perish through the malice of a potent Adversary The Lords again asked him whether he had any thing more to say he answered No but desired leave onely to explain himself in two things one in his Speech now spoken and the other when he was first brought to the House That in his Speech this day was where he affirmed he had like to have been ruined in his Negotiation First For being a Puritan and now for being a Papist and both by one hand he explained it to be by the hand of the Duke of Buckingham And the other when he first came to the House saying there For Redress of former sufferings and meeting on the sudden with Treason charged upon him he spake in Passion expressing the Wrongs and Injuries done him by the Duke and told their Lordships he had used means to convey part of his Sufferings to the late King his Master who in the Dukes hearing sware he would after he had heard the Duke against him hear him also against the Duke for which his Majesty suffered much or to some such purpose Now he understandeth this Speech to reflect upon what was in Agitation in the Lower House but he said although he could not well excuse the Dukes indiscretion in that point yet he spake it not any ways to corroborate that opinion For howsoever the Duke were his enemy yet he could not think so dishonorably of him The Answer of the Earl of Bristol to
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
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
MY Lords said he In this great business of Impeachment against the Duke of Buckingham I am commanded by the Commons in Parliament to bear a part of some importance The Articles allotted to my Charge are three the Sixth Seventh and Eighth which I shall open with as much brevity and perspicuity as I may The substance of several Cases concerning the same The Evidence to make them good together with such Observations as naturally arise out of the matter whereby your Lordships may the better discern wherein the Dukes faults do consist and what punishment may be answerable to such offences The Sixth Article is a distinct Charge different from the other two wherefore I will handle it with the Incidents thereof by it self The Seventh and Eighth Articles being of one nature and subject are indeed several parts of one Charge rather then several Charges and have such a connexion in themselves that with your Lordships leaves I will handle them both together without dividing them which I hold will be the shortest and fittest way to do right to the Cause and to your Lordships The Sixth Article giveth me occasion my Lords thus to enlarge my self In a Treaty the 18. of August 1604. between our late Soveraign King Iames of glorious memory and Philip the Third King of Spain It was agreed That there should be perfect Amity and Peace to endure for ever by Land Sea and Fresh-waters between these Kings their Heirs and Successors their Dominions Liege-men and Subjects then being or which should be And that either party should then after abstain from all depradations offences and spoils by Sea Land and Fresh-waters in what Dominions or Government soever of the other and should cause restitution to be made of all depradations which then after should be comitted and the damages growing by means thereof And that the said Kings shall take care that their Subjects should from thenceforth abstain from all force and wrong-doing and that they likewise should revoke all Commissions and Letters-Patents of Reprisal or Mart or otherwise containing Licence to take Prizes All which are declared by the said Treaty it self to be void and that whosoever should do any thing contrary should be punished not only criminally according to the merit of his offence but should also be compelled to make restitution and satisfaction for the losses to the parties damnified requiring the same Lastly it was concluded That between them and every of their Subjects might be free Commerce in all the Dominions by Sea Land and Fresh-waters in which before the Wars there hath been Commerce and according to the use and observance of the antient Leagues and Treaties before the Wars the Customs as they were at that present rated according to the Ordinance of the Places being paid This Treaty being setled and continuing his late Majesty King Iames by his Highness Letters-Patents bearing date the 14. of September An. 13. of his Reign did grant unto the Governors of the Merchants of London trading into the East-Indies and to their Successors in case they be justly provoked or driven thereunto in defence of their persons goods or ships by any disturbance or hinderance in their quiet Course of Trade or for recompence or recovery of the persons ships or goods of any of his Majesties Subjects that had been formerly in or neer the East-Indies or for any other just cause of their defence or recompence of losses sustained That then the Captains or principal Commanders of the said Company or any other under their government should or might attempt surprise or take the persons ships and goods of any Prince or State by whose Subjects they should sustain any wrong or loss in manner as aforesaid as by the said Letters-Patents appeareth Some years after the granting of these Letters-Patents under pretext that the said Treaty was broken there was some interruption and violence offered by the King of Spain's Subjects in the Ports of East-India to the Merchants of the East-India Company trading into those parts whereby they were much damnified and thereupon suspecting that it might be in vain to complain for redress in an ordinary course of Justice in the East-India or in default thereof to return into Spain to make complaint to that purpose where nothing was likely to be done till they had sent from thence again into the East-Indies and received an answer And after all this upon denial of Justice in Spain to come into this Kingdom for Letters of Request without which in ordinary course they should not use Reprisal and many years would be spent before they could come to have an end of these suits It is true that thereupon partly in their defence and partly for amends and partly for revenge they did by pretext of the said Letters-Patents take some goods of the Portugals in the East-Indies Subjects to the King of Spain and afterwards being commanded by the King of Persia to transport certain Forces of his in Ormus an Island situate in the Country of Persia some goods of Portugals subjects to the King of Spain were there taken by Captain Blith and Captain Wedel and others of their Company being servants and in pay under the East-India Company In Iuly 1623. Two ships called the Lyon and the Ionas being part of a Fleet belonging to the said Company returned from Ormus aforesaid out of an East-Indian Voyage and arrived in the Downs richly laden with goods and merchandise lawfully belonging to the said Company and estimated to the value of One hundred thousand pounds The Duke of Buckingham in or about October 1623. being advertised thereof well knowing the Company to be rich and apprehending in himself a probable ground how he might exact and extort some great sum of money from the said Company out of the profit of these ships and their lading by colour of his Office of Lord Admiral of England and out of his power and greatness his Office being used for a groundwork of his design therein did thereupon pretend that the lading of the said ships was for the most part with goods Pyratically taken at Sea in the parts about Ormus aforesaid and that a Tenth part or some other great share thereof did belong to him in the right of his said Office of Lord Great Admiral of England and by vertue of his Letters-Patents and Grant from his late Majesty in that behalf alleadging withall howsoever the said Company might peradventure answer the matter yet there would and might be strong opposition against them These words were used to possess them with fear and to make them stand in awe of his power when he should come afterwards particularly to press them to yield to his unjust demands Having once resolved of his ends which was to get money he thus proceeded to effect the same In the moneths of November December January and February then next following he had divers times Treaties by himself and his Agents with the the then Governor and others of the
great eminence power and authority being impeached and accused of such high Crimes and Offences should yet enjoy his Liberty hold so great a part of the strength of the Kingdom in his hands sit as a Peer in Parliament and be acquainted with the Counsels thereof whereby inevitable mischief may suddenly fall upon the Kingdom Wherefore they have thought it their duty to recommend this their unanimous desire to their Lordships as agreeable to Law and reason That they would be pleased forthwith to commit the person of the said Duke to safe Custody Whereupon the Duke made this Speech in the Lords House My Lords IF I should hold my peace it would argue guilt If I should speak it would argue boldness being so foully accused Your Lordships see what Complaints are made against me by the House of Commons How well I stood in their opinions not long since your Lordships know it What I have done since to lose their good opinions I protest I know not I cannot so distrust my own Innocencie and my heart which abhors guilt as to decline any Course or Court of Justice And had not they brought my Cause to your Lordships it should have been my own work And they have done me a favor to deliver me out of their hands into your Lordships I will not speak any thing to cast dirt at those who have taken pains to make me so foul but to protest my innocencie in that measure which I shall ever hope to prove it being before such just Judges I desire my Trial may be hastened that I may no longer suffer then I must needs And now that my Accuser hath not been content only to make my Process but to prescribe to your Lordships the manner of your Judgment and to judge me before I am heard I shall not give way to any of their unjust Demands c. The Commons upon the Imprisonment of their Members and the offence taken by the King at the words spoken by those two Gentlemen in impeaching the Duke resolved to proceed in no other business till they were righted in their Liberties and ordered that the House be turned into a Grand Committee presently to sit and consider of the best way and means to effect the same and that no Member be suffered to go forth At which time Sir Dudley Carlton observing that unusual and as he termed it sullen silence of the House made this Speech I Find by a great silence in this House that it is a fit time to be heard if you please to give me the patience I may very fitly compare the heaviness of this House unto some of my misfortunes by Sea in my Travels For as we were bound unto Marseillis by oversight of the Mariners we mistook our Course and by ill fortune met with a Sand That was no sooner overpast but we fell on another and having escaped this likewise we met with a third and in that we stuck fast All of the Passengers being much dismaied by this disaster as now we are here in this House for the loss of those two Members At last an old experienced Mariner upon consultation affirmed That the speediest way to come out from the Sands was to know how we came there So well looking and beholding the Compass he found by going in upon such a point we were brought into that streight wherefore we must take a new point to rectifie and bring us out of danger This House of Parliament may be compared to the Ship the Sands to our Messages and the Commitment to the Sands that the Ship did stick fast in and lastly the Compass to the Table where the Book of Orders doth lie Then I beseech you let us look into the Book where the Orders are whether the Gentlemen did go no further then the Order did warrant them If they did not it is fit that we should defend them whom we imployed in our behests But if they have exceeded their Commission and delivered that which they had not warrant for it is just that we let them suffer for this presumption and this our Course will bring us from these Rocks I beseech you Gentlemen move not his Majesty with trenching upon his Prerogatives lest you bring him out of love with Parliaments You have heard his Majesties often Messages to you to put you forward in a Course that will be most convenient In those Messages he told you That if there were not Correspondencie between him and you he should be inforced to use new Counsels Now I pray you consider what these new Counsels are and may be I fear to declare those that I conceive In all Christian Kingdoms you know that Parliaments were in use antiently by which their Kingdoms were governed in a most flourishing manner until the Monarchs began to know their own strength and seeing the turbulent spirit of their Parliaments at length they by little and little began to stand upon their Prerogatives and at last overthrew the Parliaments throughout Christendom except here only with us And indeed you would count it a great misery if you knew the Subject in Foreign Countries as well as my self to see them look not like our Nation with store of flesh on their backs but like so many Ghosts and not men being nothing but skin and bones with some thin cover to their nakedness and wearing only woodden shoos on their feet so that they cannot eat meat or wear good clothes but they must pay and be taxed unto the King for it This is a misery beyond expression and that which yet we are free from Let us be careful then to preserve the Kings good opinion of Parliaments which bringeth this happiness to this Nation and makes us envied of all others while there is this sweetness between his Majesty and his Commons lest we lose repute of a Free-born Nation by our turbulencie in Parliament For in my opinion the greatest and wisest part of a Parliament are those that use the greatest silence so as it be not opiniotory or sullen as now we are by the loss of these our Members that are committed This good Correspondencie being kept between the King and his people will so join their love and favor to his Majesty with liking of Parliaments that his Prerogative shall be preserved entire to himself without our trenching upon it and also the Priviledge of the Subject which is our happiness inviolated and both be maintained to the support of each other And I told you if you would hear me patiently I would tell you what exception his Majesty doth take at those Gentlemen that are committed You know that Eight Members were chosen to deliver the Charge against the Duke but there were only Six imployed for that purpose insomuch that there was no Exception As for Sir Dudley Diggs his part that was the Prologue and in that his Majesty doth conceive that he went too far beyond his Commission in pressing the death of his
in Parliament and in particular touching the Earl of Arundel whereupon we received a gracious Answer That in convenient time we should receive a fuller Answer which we have long and dutifully attended And now at this time so great a business being in handling in the House we are pressed by that business to be humble suitors to your Majesty for a gracious and present Answer Which being read was approved of by the House and the said Committee appointed to present the same unto his Majesty from the House at such time as the Lord Chamberlain shall signifie unto them that his Majesty is pleased to admit them to his presence The 11 of May the Lord President reported the Kings Answer to the said Petition That he did little look for such a Message from the House That himself had been of the House and did never know such a Message from the one House unto the other Therefore when he received a Message fit to come from them to their Soveraign they shall receive an Answer The Lord President further Reported That the Lords Committees appointed to deliver the Petition to the King did thereupon withdraw and required him humbly to desire his Majesty to be pleased to let them know unto what point of the said Petition he takes this Exception and that his Majesty willed him to say this of himself viz. The Exception the King taketh is at the peremptoriness of the Term To have a Present Answer And the King wonders at their impatience since he hath promised them an answer in convenient time Hereupon the House altered their former Petition leaving out the word Present and appointed the former Committee humbly to deliver the same to his Majesty The 13 of May the Lord President reported the Kings Answer to the Petition viz. It is true the word Present was somewhat strange to his Majesty because they did not use it from one House to another but now that his Majesty knows their meaning they shall know this from him that they shall have his Answer so soon as conveniently he can And this his Majesty will assure them it shall be such an Answer as they shall see will not trench upon the Priviledges of the House The Lords having agreed on another Petition to the King wherein they acknowledged him to be a Prince of as much goodness as ever King was The 19 of May the Lord Chamberlain signified to their Lordships That his Majesty being acquainted therewith is pleased that this House attend him at two of the Clock this day in the Afternoon at Whitehall On which day the Lords delivered the Petition to his Majesty who upon the 20 May returned this Answer My Lords I See that in your Petition you acknowledge me a King of as much goodness as ever King was for which I thank you and I will endeavor by the Grace of God never to deserve other But in this I observe that you contradict your selves for if you believe me to be such as you say I am you have no reason to mistrust the sincerity of my Promises For whereas upon often Petitions made by you unto me concerning this business I have promised to give you a full Answer with all convenient speed by this again importuning of me you seem to mistrust my former promises But it may be said there is an Emergent cause for that I have delivered a Member of the Lower-House In this My Lords by your favour you are mistaken for the Causes do no way agree for that he that was committed of the House of Commons was committed for words spoken before both Houses which being such as I had just cause to commit him yet because I found they might be words onely misplaced and not ill meant and were so conceived by many honest men I was content upon his interpretation to release him without any suit from the Lower-House whereas my Lord of Arundel's fault was directly against my self having no relation to the Parliament yet because I see you are so impatient I will make you a fuller Answer then yet I have done not doubting but that you will rest contented therewith It is true I committed him for a cause which most of you know and though it had been no more I had reason to do it yet my Lords I assure you that I have things of far greater importance to lay to his charge which you must excuse me for not no tell you at this time because it is not yet ripe and it would much prejudice my service to do it and this by the word of a King I do not speak out of a desire to delay you but as soon as it is possible you shall know the cause which is such as I know you will not judge to be any breach of your Priviledges For my Lords by this I do not mean to shew the power of a King by diminishing your Priviledges This Answer being read it was ordered That the Committee for Priviledges should meet and consider how farther to proceed with dutifull respect to his Majesty and yet so as it may be for the preservation of the Priviledges of the Peers of this Land and the Liberties of the House of Parliament The 24 of May the Lord President reported the Petition agreed on by the Lords Committees for Priviledges c. to be presented to the King which was in haec verba May it please your most Excellent Majesty WHatever our care and desire is to preserve our right of Péers yet it is far from our thoughts either to distrust or to press any thing that stands not with the affection and duty of most dutiful and loyal Subjects And therefore in all humility we cast our selves before your Majesty assuring our selves in the word of a King that with all conveniencie possible your Majesty will please either to restore the Peer to his place in Parliament or express such a cause as may not infringe our Priviledges The Petition was generally approved and ordered to be presented to his Majesty by the whole House and the Earl of Carlisle and the Lord Carlton to go presently to know the Kings pleasure when they shall attend his Majesty Who being returned reported That his Majesty hath appointed that Afternoon at two of the clock for the same The 25. of May the Lord Keeper delivered the Kings Answer unto the said Petition to be read in haec verba viz. My Lords YOur often coming to me about this matter made me somewhat doubt you did mistrust me But now I see you rely wholly on me I assure you it shall prevail more upon me then all importunities And if you had done this at first I should have given you content And now I assure you I will use all possible speed to give satisfaction and at the furthest before the end of this Session of Parliament This being read the House was moved the second time That all businesses might be laid
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
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
Scepter and Sword into his hand and not expose the persons of the people committed to his charge to the unsatiable desires of the King of Spain who hath long thirsted after an Universal Monarchy nor their Consciences to the yoke of the Pope of Rome And that at home he will take that care to redress the just grievances of his good Subjects as shall be every way fit for a good King And in the mean time his Majesty doth publish this to all his loving Subjects that they may know what to think with truth and speak with duty of his Majesties actions and proceedings in these two last dissolved Parliaments Given at his Majesties Palace at Whitehall this Thirtieth day of June in the second year of his Majesties Reign of Great-Britain France and Ireland Moreover the King published a Proclamation taking notice of a Remonstrance drawn by a Committee of the late Commons House and by them intended to have been presented to him wherein he said are many things contained to the dishonor of himself and his Royal Father of blessed memory and whereby through the sides of a Peer of this Realm they wound their Soveraigns honor as also that some Members of that House ill-affected to his service to vent their own passions against that Peer and to prepossess the world with an ill opinion of him before his Cause were heard in a Judicial way have beforehand scattered Copies of that intended Declaration thereby to detract from their Soveraign Wherefore his Majesty for the suppressing of this insufferable wrong to himself doth command upon pain of his indignation and high displeasure all persons of whatsoever quality who have or shall have hereafter any Copies or Notes of the said Remonstrance or shall come to the view thereof forthwith to burn the same that the memory thereof may be utterly abolished and may never give occasion to his Majesty to renew the remembrance of that which out of his grace and goodness he would gladly forget In another Proclamation the King declaring his Religious care of the Peace of this Church and Commonwealth of England and other his Dominions and taking notice that in all ages great disturbances both to Church and State have ensued out of small beginnings when the seeds of contention were not timely prevented and finding that of late some Questions and Opinions seem to have been broached in matters of Doctrine and Tenents of our Religion at first onely intended against Papists have afterwards by the sharp and indiscreet handling of some of either party given much offence to the sober and well grounded Readers and raised some hopes in the Roman Catholicks that by degrees the Professors of our Religion may be drawn first to Schism and afterwards to plain Popery His Majesty in the integrity of his own heart and singular providence for the peaceable Government of that people which God hath committed to his charge hath thought fit by the advice of his reverend Bishops to declare and publish not onely to his own people but also to the whole world his utter dislike of all those who to shew the subtilty of their Wits or to please their own humors or vent their own passions shall adventure to start any new opinions not onely contrary to but differing from the sound and Orthodox grounds of true Religigion established in the Church of England and also to declare his full and constant resolution that neither in Doctrine nor Discipline of the Church nor in the Government of the State he will admit of the least innovation but by Gods assistance will so guide the Scepter of these Kingdoms as shall be most for the comfort and assurance of his sober religious and well-affected Subjects and for the repressing and severe punishing of the insolencies of such as out of any sinister respects or disaffection to his Majesties Person or Government shall dare either in Church or State to disturbe the Peace thereof wherefore he doth straitly charge and command all his Subjects of his Realms of England and Ireland of what degree soever especially thes◠who are Church-men from hence-forth to carry themselves so wisely warily and conscionably that neither by Writing Preaching Printing Conferences or otherwise they raise publish or maintain any other Opinions concerning Religion then such as are clearly warranted by the Doctrine and Discipline of the Church of England 〈◊〉 by Authority And enjoyneth his reverend Archbishops and Bishops in their several Diocesses speedily to reclaim and repress all such spirits as shall in the least degree attempt to violate this bond of Peace And all the Ministers of Justice were required to execute his Majesties pious and royal pleasure herein expressed and if any shall take the boldness to neglect this gracious Admonition his Majesty will proceed against such offenders with that severity as their contempt shall deserve that by their exemplary punishment others may be warned and that those that be studious of the peace and prosperity of this Church and Commonwealth may bless God for his Majesties pious religious wise just and gracious Government The effects of this Proclamation how equally soever intended became the stopping of the Puritans Mouths and an uncontrouled Liberty to the Tongues and Pens of the Arminian party Shortly after an Information was preferred by the Kings special command in the Star-Chamber against the Duke of Buckingham for high Offences and Misdemeanors wherein he was charged amongst other things with the particulars mentioned in the last Article exhibited against him by the House of Commons concerning the Plaister applied to King Iames. To which the Duke put in his Answer and divers Witnesses were examined But the cause came not to a judicial hearing in the Court as it is afterwards expressed And now the King taking into consideration the present streights and inconveniencies into which the Revenue of the Crown was faln and the pressing necessity of his Affairs did by the advice and instance of his Council resolve and declare That all men of what quality and condition soever shall from henceforth upon pain of his displeasure forbear for two years space to present or solicite any Suit for any thing prohibited in the Book of Bounty published in King Iames his time or any other things that shall import the Diminution of his Majesties Revenue And for the advancement of the said Revenue arising by Customs Subsidies and Imposts upon all Goods and Merchandizes exported and and imported The Privy Council declared That it hath been constantly continued for many ages and is a principal and most necessary part of the Revenue of the Crown and that in the two last Parliaments it hath been thought upon but could not be setled by their Authority by reason of their dissolution before the matters therein treated could be brought to perfection Nevertheless that it was then intended to have been confirmed by Parliament as it hath been from time to time by many Descents and Ages Whereupon
hear one day So when your Soveraign in the Parliament time had spoken sharply to both Houses commanding them to go together again and to give more money and commanding them to meddle no more with the Duke of Buckingham you came the next day and thought to smooth all taking the glory of qualifying disturbances to your self whereas if you had read Books of true State Government wherewithal you are not acquainted sweet things are personally to be acted by Kings and Princes as giving of Honors and bestowing of noted benefits and those things that are sour and distasting are to be performed by their Ministers you go the contray way But as before the whole House falleth on fire some sparks do flie out So before the Message of the King was brought me by the Secretary there were some inklings that such a thing would follow And upon the naming of me by occasion it was said by a Creature of the Dukes That it would not be long before the Archbishop should be sequestred that was the word So well acquainted are the Dukes followers with great actions that are likely to fall out in State Accordingly on Tuesday the Fist of Iuly One thousand six hundred twenty and seven the Lord Conway came unto me to Croyden before Dinner time having travelled as he said a long journey that morning even from Oatlands thither he would say nothing till he had dined then because he was to return to Oatlands that night I took him into the Gallery and when we were both sat down we fell to it in this manner MY Lord I know you coming from Court have somewhat to say to me Secretary It is true my Lord and I am the most unwilling man in the World to bring unpleasing news to any person of quality to whom I wish well and especially to such a one as of whose Meat I have eaten and been merry at his House But I come from the King and must deliver his pleasure I know who you are and much more with very civil language Archb. I doubt not my Lord but you have somewhat to say and therefore I pray you in plain terms let me have it Secre. It is then his Majesties pleasure that you should withdraw your self unto Canterbury for which he will afford you some convenient time Archb. Is that it then I must use the words of the Psalmist He shall not be afraid of any evil tydings for his heart standeth fast and believeth in the Lord. But I pray you what is my fault that bringeth this upon me Secre. The King saith you know Archb. Truly I know none unless it be that I am lame which I cannot help it is against my will and I am not proud of it Secre. The King bad me tell you That if any expostulation were used Archb. No I will not use any expostulation if it be his pleasure I will obey I know my self to be an honest man and therefore fear nothing But my Lord do you think it is for the Kings service in this sort to send me away Secre. No by God! I do not think it and so yesterday I told the King with an Oath but he will have it so Archb. I must say as before He shall not be afraid of any evil tidings for his heart standeth fast and he believeth in the Lord. But I pray you my Lord is the King precisely set upon my going to Canterbury there are questions in Law between me and that Town about the Liberties of my Archbishoprick which I by my Oath am bound to maintain and if I should be among them I have many Adversaries of the Citizens I have there some Tenants and the Dean and Chapter are interessed in the Question I would be unwilling that my Servants and their people should fall together by the ears while I am in the Town His Majesty knoweth this difference to be between us by the token that a Suit which I lately brought against them by a Quo Warranto in the Kings Bench was stopped Justice being denied me which is not usual to be denied to any Subject and the King well knoweth by whose means it was stayed I have therefore another House called Foord Five Miles beyond Canterbury and more out of the way his Majesty may be pleased to let me go thither Secre. I can say nothing to that but I will acquaint the King with it and I conceive nothing to the contrary but that his Majesty will yield so much unto you I have a second Charge to deliver unto you and that is That his Majesty will not have you from henceforth to meddle with the High Commission he will take care that it shall be done otherwise Archb. I do not doubt but it shall be better managed then it hath been by me And yet my Lord I will tell you that for these many years that I have had the direction of that Court the time is to come that ever honest man did finde fault that he had not there Justice done Secre. It is now Vacation time and so consequently little to do and by Michaelmas his Majesty may set all in order Archb. I am sorry that the King proceedeth thus with me and letteth me not know the cause Secre. Although I have no Commission to tell you so it is for a Book which you would not allow which concerned the Kings Service Archb. If that be it when I am questioned for it I doubt not but to give an honest Answer Secre You will never be questioned for it Archb. Then am I the more hardly dealt withal to be censured and not called to my Answer Secre. Well my Lord I will remember that of Foord and will your Grace command me any more Service Archb. No my Lord but God be with you onely I end where I began with the words of the Prophet He shall not be afraid for any evil tydings for his heart standeth fast and believeth in the Lord. It comforted me not a little that the word was now out My confining must be for not allowing of a Book I had much ado to forbear smiling when I heard it because now it was clear it was not for Felony or Treason that was laid to my charge nor for intelligence with the Spaniards or French nor for Correspondency with Jesuites or Seminary Priests or any other grievous crime I thank God for that I had almost forgotten that among many other memorable Speeches that passed between us I used this one That peradventure the King might be offended at me because I was no more present at the matter of the Loan but said I my lameness hindered me therein and I hoped thereby to do my Master better service because if ever course be taken to reconcile the King and his people which if it be not this Kingdom will rue it in the end I would hope among many other to be a good Instrument therein since my hand hath not been in those bitternesses which
the Queen should commend unto him and make some suit on his behalf That if the Queen afterwards being ill intreated should complain of this Dear one he might make his answer It is long of your self for you were the Party that commended him unto me Our old Master took delight strangely in things of this nature That Noble Queen who now resteth in Heaven knew her Husband well and having been bitten with Favorites both in England and Scotland was very shie to adventure upon this request King Iames in the mean time more and more loathed Somerset and did not much conceal it that his affection increased towards the other But the Queen would not come to it albeit divers Lords whereof some are dead and some yet living did earnestly sollicit her Majesty thereunto When it would not do I was very much moved to put to my helping hand they knowing that Queen Anne was graciously pleased to give me more credit then ordinary which all her Attendants knew she continued to the time of her death I laboured much but could not prevail The Queen oft saying to me My Lord You and the rest of your Friends know not what you do I know your Master better then you all For if this Young man be once brought in the first persons that he will plague must be you that labor for him yea I shall have my part also The King will teach him to despise and hardly intreat us all that he may seem to be beholden to none but himself Noble Queen how like a Prophetess or Oracle did you speak Notwithstanding this we were still instant telling her Majesty that the Change would be for the better For George was of a good nature which the other was not And if he should degenerate yet it would be a long time before he were able to attain to that height of evil which the other had In the end upon importunity Queen Anne condescended and so pressed it with the King that he assented thereunto Which was so stricken while the Iron was hot that in the Queens Bed-chamber the King Knighted him with the Rapier which the Prince did wear And when the King gave order to swear him of the Bed-chamber Somerset who was near importuned the King with a message that he might be only sworne a Groom But my self and others that were at the door sent to her Majesty that she would perfect her work and cause him to be sworne a Gentleman of the Chamber There is a Lord or two living that had a hand in this atchievement I diminish nothing of their praise for so happy a work But I know my own part best and in the word of an honest man I have reported nothing but truth George went in with the King but no sooner he got loose but he came forth unto me into the Privy-gallery and there embraced me He professed that he was so infinitely bound unto me that all his life long he must honor me as his Father And now he did beseech me that I would give him some lessons how â—e should carry himself When he earnestly followed this chace I told him I would give him three short lessons if he would learn them The first was That daily upon his knees he should pray to God to bless the King his Master and to give him George grace studiously to serve and please him The second was That he should do all good offices between the King and the Queen and between the King and the Prince The third was That he should fill his Masters ears with nothing but Truth I made him repeat these three things unto me and then I would have him to acquaint the King with them and so tell me when I met him again what the King said unto him He promised me he would and the morrow after Mr. Tho. Murrey the Princes Tutor and I standing together in the Gallery at Whitehall Sir Geo. Villeirs coming forth and drawing to us he told Mr. Murrey how much he was beholden unto me and that I had given him certain Instructions which I prayed him to rehearse as indifferently well he did before us yea and that he had acquainted the King with them who said They were Instructions worthy of an Archbishop to give to a Young man His countenance of thankfulness for a few days continued but not long either to me or any other his Welwishers The Roman Historian Tacitus hath somewhere a note That benefits while they may be requited seem courtesies but when they are so high that they cannot be repaid they prove matters of hatred Thus to lie by me to quicken my remembrance I have laid down the Cause and the Proceedings of my sending into Kent where I remain at the writing of this Treatise Praying God to bless and guide our King aright To continue the prosperity and welfare of this Kingdom which at this time is shrewdly shaken To send good and worthy men to be Governors of our Church To prosper my mind and body that I may do nothing that may give a wound to my Conscience and then to send me patience quietly to endure whatsoever his Divine Majesty shall be pleased to lay upon me Da quod jubes jube quod vis And in the end to give me such a happy deliverance either in life or death as may be most for his glory and for the wholsom example of others who look much on the Actions and Passions of Men of my Place AMong those many Gentlemen who were imprisoned throughout England for refusing to lend upon the Commission for Loans only Five of them brought their Habeas Corpus viz. Sir Thomas Darnell Sir Iohn Corbet Sir Walter Earl Sir Iohn Heveningham Sir Edward Hampden In Michaelmas Term 3 Caroli a Return was made of their several Commitments To instance only in one all the rest being in the same form The Warden of the Fleet made this Return That Sir Walter Earl Knight named in the Writ is detained in the Prison of the Fleet in his Custody by special Command of the King to him signified by Warrant of several of the Privy-Council in these words Whereas Sir Walter Earl Knight was heretofore committed to your Custody These are to will and require you still to detain him letting you know that both his first Commitment and direction for the continuance of him in Prison were and are by his Majesties special commandment From Whitehall Novemb. 7. 1627. Tho. Coventry c. Sir Thomas Darnell was the first that was brought to the Bar upon that Writ where the Kings Attorney-General Sir Robert Heath did inform the Court that his Majesty told him He heard that some of the imprisoned Gentlemen for the Loan did report That the King did deny them the Course of Justice And therefore his Majesty commanded him to renew the Writ of Habeas Corpus lest they should not move for another themselves by reason the Warden of the Fleet had not returned the first according
by the Books of our Laws that Liberty is a thing so favored of the Law that the Law will not suffer the continuance of a man in prison for any longer time then of necessity it must And therefore the Law will neither suffer the Party Sheriffs or Judges to continue a man in prison by their power and pleasure It doth speak of the delivery of a man out of prison with as reasonable expedition as may be And upon this reason it hath been resolved that howsoever the Law alloweth that there may be a Term between the Teste of an Original Writ and the Return of the same where there is only a Summons and no Imprisonment of the body yet the Law will not allow that there should be a Term between the Teste of a Writ of Capias and the Return of the same where the body of a man is to be imprison'd insomuch that it will give no way that the party shall have power to continue the body of a man longer time in prison then needs must so tender is the Law of the Subjects Liberty Monday the 27. of November the Attorney-General argued for the King That this was a very great Cause and hath raised great expectation and he was afraid that those Gentlemen whom it concerns have rather advised their Councils then their Councils them For the first Exception That the Return is not positive but hath relation to some others He did conceive it was positive enough For said he the words are Quod detentus est sub custodia mea per speciale mandatum Domini Regis The other words mihi significatum they follow after but are not part of the affirmation made before it And if they will have it as they seem to understand it then they must return the words thus Quod significatum est mihi per Dominos Privati Consilii quod detentus est per speciale mandatum Domini Regis And then it had not been their own proper Return but the signification of another the Lords of the Council The turning of the sentence would resolve this point the thing it self must speak for it self It is clear it is a positive Return that the detaining is by the command of the King and the rest of the Return is rather satisfaction to the Court then any part of the Return And for the other Exception That the Cause of the Cause is returned and not the Cause it self He said Among the Logicians there are two Causes there is Causa causans and Causa causata The Causa causans here in this Case is not the Warrant from the Lords of the Council for that is Causa causata But the primary and original Cause which is Causa causans is Speciale mandatum Domini Regis the other is but the Councils signification or testification or Warrant for him that made the Return And for the other Exception The Cause is imperfect because it shews only the Cause of detaining in Prison and not the Cause of the first Commitment He conceives it is sufficient for an Officer of the Law to answer That the Writ is a Command to make a Return of the detaining of the Prisoner and he accordingly makes a Return of the Detention and if the Keeper of the Prison had only said they were detained per speciale mandatum c. it had been good Then he proceeded to the matter of the Return and to answer the Book-Cases and Records that had been cited by the Council for the Prisoners and to produce Presidents on the Kings behalf which are extant in Print to which the Reader is referred Afterwards Sir Nicholas Hide Chief Justice Justice Dodderidge Justice Iones and Justice Whitlock being upon the Bench and Sir Iohn Heveningham and the forementioned Prisoners being brought to the Bar Sir Nicholas Hide Lord Chief Justice by the consent and direction of the Judges spake to this purpose That the Court hath seriously considered what hath been spoken by either side and are grown to a resolution And that his Brothers have enjoined him to deliver unto you the resolution of the whole Court And therefore said he though it be delivered by my mouth it is the resolution of us all I am sure you expect Justice from hence and God forbid we should sit here but to do Justice to all men according to our best skill and knowledge as it is our oaths and duties so to do But this is a Case of very great weight and great expectation and requires more solemn Arguments then the time will now permit The Exceptions which have been taken to this Return are two the one for the form the other for the substance First for the form because it is not returned as they say positively and absolutely but with reference to a Warrant of the Lords of the Council Now the Court is of opinion That this is a positive and absolute Return upon this reason That the Keeper of the Prison first returns that they are detained by the special command of the King And if they had ceased there it had been positive And for that which follows That it was signified to him by the Lords of the Council this is only to certifie the Court that he returned the Cause truly and not to shew us that he had no knowledge of the Cause but by the signification of the Lords of the Council There is not one word in the Writ that demands the cause why they were taken but why they are detained So that that point in the Writ is sufficiently answered which was only to certifie the cause of the detention And therefore we resolve That the form of this Return is good The next thing is the main point in Law Whether the substance or matter of the Return be good or no Where in the substance is this He doth certifie that they are detained in Prison by the special command of the King And whether this be good in Law or no is the Question Here the Lord Chief Justice did mention the several Presidents and Book-Cases cited by each side too long to be here related And concluded That that which is now to be judged by us is this Whether one that is committed by the Kings authority and no Cause shewn of his Commitment according as here it is upon this Return whether we ought to deliver him by Bail or to remand him back again Where by the way you must know that we can take notice only of this Return That when the Case appears to us no otherwise then by the Return we are not bound to examine the truth thereof but the sufficiencie of the Return We cannot judge upon rumors or reports but upon that which is before us on Record which is examinable by us whether it be sufficient or not Mr. Attorney hath told you That the King hath done it And we trust him in great matters And we make no doubt but the King if you seek to him knowing the cause why you
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
Friends and Allies be not sufficient then no Eloquence of Men or Angels will prevail Only let me remember you That my duty most of all and every one of yours according to his degree is to seek the maintenance of this Church and Commonwealth And certainly there never was a time in which this duty was more necessarily required then now I therefore judging a Parliament to be the antient speediest and best way in this time of Common danger to give such Supply as to secure our selves and to save our Friends from imminent ruine have called you together Every man now must do according to his conscience Wherefore if you as God forbid should not do your duties in contributing what the State at this time needs I must in discharge of my conscience use those other means which God hath put into my hands to save that which the follies of particular men may otherwise hazard to lose Take not this as a Threatening for I scorn to threaten any but my Equals but an Admonition from him that both out of nature and duty hath most care of your preservations and prosperities And though I thus speak I hope that your demeanors at this time will be such as shall not only make me approve your former Councels but lay on me such obligations as shall tie me by way of thankfulness to meet often with you For be assured that nothing can be more pleasing unto me then to keep a good Correspondence with you I will only adde one thing more and then leave my Lord Keeper to make a short Paraphrase upon the Text I have delivered you which is To remember a thing to the end we may forget it You may imagine that I came here with a doubt of success of what I desire remembring the distractions of the last Meeting But I assure you that I shall very easily and gladly forget and forgive what is past so that you will at this present time leave the former ways of distractions and follow the Councel late given you To maintain the unity of the Spirit in the bond of Peace The Lord Keeper seconded his Majesty on this manner YE are here-in Parliament by his Majesties Writ and Royal command to consult and conclude of the weighty and urgent Business of this Kingdom Weighty it is and great as great as the honor safety and protection of Religion King and Country And what can be greater Urgent it is It is little pleasure to tell or think how urgent And to tell it with circumstances were a long work I will but touch the sum of it in few words The Pope and House of Austria have long affected the one a Spiritual the other a Temporal Monarchy And to effect their ends to serve each others turn the House of Austria besides the rich and vast Territories of both the Indies and in Africa joined together are become Masters of Spain and Italy and the great Country of Germany And although France be not under their subjection yet they have invironed all about it The very Bowels of the Kingdom swayed by the Popish Faction They have gotten such a part and such intercession in the Government that under pretence of Religion to root out the Protestants and our Religion they have drawn the King to their adherence so far that albeit upon his Majesties interposition by his Ambassadors and his engagement of his Royal word there was between the King and his Subjects Articles of Agreement and the Subjects were quiet whereof his Majesty interessed in that great Treaty was bound to see a true accomplishment yet against that strict Alliance that Treaty hath been broken and those of the Religion have been put to all extremity and undoubtedly will be ruined without present help So as that King is not onely diverted from assisting the Common Cause but hath been misled to engage himself in hostile acts against our King and other Princes making way thereby for the House of Austria to the ruine of his own and other Kingdoms Other Potentates that in former times did ballance and interrupt the growing greatness of the House of Austria are now removed and diverted The Turk hath made Peace with the Emperor and turned himself wholly into Wars with Asia The King of Sweden is embroiled in a War with Poland which is invented by Spanish practices to keep that King from succoring our part The King of Denmark is chased out of his Kingdom on this and on that side the Zound so as the House of Austria is on the point to command all the Sea-coasts from Dantzick to Embden and all the Rivers falling into the Sea in that great extent So as besides their power by Land they begin to threaten our Part by Sea to the subversion of all our State In the Baltique-Sea they are providing and arming all the Ships they can build or hire And have at this time their Ambassadors treating at Lubeck to draw into their service the Hans-Towns whereby taking from us and our Neighbors the Eastland-Trade by which our Shipping is supplied they expect without any blow given to make themselves Masters of that Sea In these Western parts by the Dunkirkers and by the now French and Spanish Admiral to the ruine of Fishing of infinite consequence both to us and the Low-Countries they infest all our Coast so as we pass not safely from Port to Port. And that Fleet which lately assisted the French at the Isle of Rhee is now preparing at S. Andrews with other Ships built in the Coast of Biscay to reinforce it and a great Fleet is making ready in Lisbon where besides their own they do serve themselves upon all Strangers Bottoms coming to that Coast for Trade And these great preparations are no doubâ— to assault us in England or Ireland as they shall find advantage and a place fit for their turn Our friends of the Netherlands besides the fear that justly troubles them lest the whole force of the Emperor may fall down upon them are distracted by their Voyages into the East which hath carried both Men and Money into another World and much weakened them at home Thus are we even ready on all sides to be swallowed up The Emperor France and Spain being in open War against us Germany overrun the King of Denmark distressed the King of Sweden diverted and the Low-Country-men disabled to give us assistance I speak not this to increase fear unworthy of English courages but to press to provision worthy the wisdom of a Parliament And for that cause his Majesty hath called you hither that by a timely provision against those great imminent dangers our selves may be strengthened at home our Friends and Allies encouraged abroad and those great causes of fear scattered and dispelled And because in all Warlike preparations Treasure bears the name and holds the semblance of the nerves and sinews And if a sinew be too short or too weak if it be either shrunk or strained the part becomes
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
Council and the better digestion of Publick services there and withal to avert so ill an Omen as the choise of me in the beginning of a Parliament ordained I hope for the joy of our own and the envy of other Nations that by your gracious Command the House may reconsult and settle their better thoughts on some more worthy their Election and your Majesties Approbation But his Majesty not admitting his excuse approved of the choise Before the Commons had entred into any Debates this following Letter touching the Inconveniencies and Grievances of the State was communicated to the Members of the House and it was called A Speech without doors To my noble friends of the Lower-House of Parliament IF my Country had held me worthy to have served in this Parliament I had now been made a Member of your Lower-House as formerly I have been in sundry other Parliaments But how unkindly soever she dealeth with me I will ever shew my thankfulness to her and deliver by way of observation what I have heretofore learned in that grave and wise Assembly for admonishment to the elder and a path-way for the younger to walk in Parliaments in my time have been wont to take up some space at the first meetings to settle the House and to determine of unlawfull Elections and in this point they never had greater cause to be circumspect then at this time For by an Abuse lately crept in there is introduced a custom which if it be not foreseen and prevented will be a great derogation to the Honor and a weakning to the power of your House Where the Law giveth a freedom to Corporations to elect Burgesses and forbideth any indirect course to be taken in their Elections many of the Corporations are so base-minded and timerous that they will not hazard the indignation of a Lord Lieutenants Letter who underhand sticks not to threaten them with the charge of a Musket or a Horse at the Muster if that he hath not the Election of the Burgesses and not they themselves And commonly those that the Lords recommend are such as desire it for protection or are so ignorant of the place they serve for as that there being occasion to speak of the Corporation for which they are chosen they have asked their Neighbors sitting by whether it were a Sea or a Land Town The next thing that is required is Liberty of Speech without which Parliaments have little force or power Speech begets doubts and resolves them and doubts in Speeches beget understanding he that doubts much asketh often and learns much and he that fears the worst soonest prevents a mischief This Priviledge of Speech is anciently granted by the testimony of Philip Comines a Stranger who prefers our Parliaments and the Freedom of the Subject in them above all other Assemblies which Freedom if it be broken or diminished is negligently lost since the dayes of Comines If freedom of Speech should be prohibited when men with modesty make repetition of the Grievances and Enormities of the Kingdom when men shall desire reformation of wrongs and injuries committed and have no relation of evil thought to his Majesty but with open heart and zeal express their dutifull and reverent respect to him and his service I say if this kinde of liberty of Speech be not allowed in time of Parliaments they will extend no further then to Quarter-Sessions and their Meetings and Assembles will be unnecessary for all means of disorder new crept in and all remedies and redresses will be quite taken away As it is no manners to contest with the King in his Election of Councellors and Servants for Kings obey no men but their Laws So were it a great negligence and part of Treason for a Subject not to be free in Speech against the abuses wrongs and offences that may be occasioned by persons in Authority What Remedy can be expected from a Prince to the Subject if the enormities of his Kingdom be concealed from him Or what King so religious or just in his own nature that may not hazard the loss of the hearts of his Subjects without this Liberty of Speech in Parliament For such is the misfortune of most Princes and such is the unhappiness of Subjects where Kings affections are setled and their loves so far transported to promote servants as they onely trust and credit what they shall inform In this Case what Subject dares complain or what Subject dares contradict the words or actions of such a servant if it be not warranted by freedom of a Parliament they speaking with humility For nothing obtaineth favor with a King so much as diligent obedience The surest and safest way betwixt the King and his people which hath least scandal of partiality is with indifference with integrity and sincerity to examine the Grievances of the Kingdom without touching upon the person of any man further then the cause giveth occasion For otherwise you shall contest with him that hath the Princes ears open to hearken to his inchanting tongue he informs secretly when you shall not be admitted to excuses he will cast your deserved malice against him to your contempt against the King and seeking to lessen his Authority and so will make the Prince the Shield of his Revenge These are the sinister practices of such servants to deceive their Soveraigns when our Grievances shall be authentically proved and made manifest to the World by your pains to examine and freedom to speak No Prince can be so affectionate to a servant or such an Enemy to himself as not to admit of this indifferent proceeding If his services be allowable and good they will appear with glory if bad your labor shall deserve thanks both of Prince and Country When Justice shall thus shine people will be animated to serve their King with integrity For they are naturally inclined to imitate Princes in good and bad The words of Cicero will then appear That malicious and evil men make Princes poor and one perfect good man is able to make a Realm rich One Case I will instance that is common in the mouths of all men and generally vox Populi vox Dei One of quality in the last Expedition to the Isle of Rhee endeavored to conceale the number of men lost in the last encounter and confidently affirmed their number not to exceed three or four hundred till a Doctor of Physick out of tenderness of Conscience and duty to his Majesty could not dissemble the vulgar and true Report but acquainted his Majesty with Two thousand of his Subjects there lost This was so contrary to the first information and so displeasing to the Informer and his Designs that he caused the Physitians remove from his Highness presence who yet remains in kinde of a banished man The truth of these two Reports is easily determined by the Clerks of the Bands of each Company and is worthy to be discovered for Truth sake Truth being so Noble of it self as
of the Land for freemen to be taxed but by their consent in Parliament Franchise is a French word and in Latine it is Libertas In Magna Charta it is provided that Nullus liber homo capiatur vel imprisoâ—etur aut disseisietur de libero tenemento suo c. nisi per legale judicium parium suorum vel per legem terrae which Charter hath been confirmed by good Kings above thirty times When these Gentlemen had spoken Sir Iohn Cook Secretary of State took up the matter for the King and concluded for redress of Grievances so that Supplies take the precedency And said I had rather you would hear any then me I will not answer what hath been already spoken my desire is not to stir but to quiet not to provoke but to appease my desire is that every one resort to his own heart to reunite the King and the State and to take away the scandal from us every one speaks from the abundance of his heart I do conclude out of every ones Conclusion to give to the King to redress Grievances all the difference is about the manner we are all Inhabitants in one House the Commonwealth let every one in somewhat amend his house somewhat is amiss but if all the House be on fire will we then think of amending what 's a miss will you not rather quench the fire the danger all apprehend The way that is propounded I seek not to decline illegal courses have been taken it must be confessed the redress must be by Laws and Punishment but withal add the Law of Necessity Necessity hath no Law you must abilitate the State to do what you do by Petition require It is wished we begin with Grievances I deny not that we prepare them but shall we offer them first will not this seem a Condition with his Majesty do we not deal with a wise King jealous of his Honor All Subsidies cannot advantage his Majesty so much as that his Subjects do agree to Supply him This will amaze the Enemy more then ten Subsidies begin therefore with the King and not with our selves This dayes Debate said Sir Robert Philips makes me call to minde the custom of the Romans who had a solemn feast once a year for their Slaves at which time they had liberty without exception to speak what they would whereby to ease their afflicted minds which being finished they severally returned to their former servitude This may with some resemblance and distinction well set forth our present State where now after the revolution of some time and grievous sufferings of many violent oppressions we have as those Slaves had a day of liberty of speech but shall not I trust be herein Slaves for we are free we are not Bondmen but Subjects these after their Feast were Slaves again but it is our hope to return Freemen I am glad to see this mornings work to see such a sense of the Grievances under which we groan I see a concurrence of grief from all parts to see the Subject wronged and a fit way to see the Subject righted I expected to see a division but I see honorable conjunction and I take it a good Omen It was wished by one that there were a forgetfulness of all let him not prosper that wisheth it not No there is no such wayes to perfect remedy as to forget injuries but not so to forget as not to recover them It was usual in Rome to bury all injuries on purpose to recover them It was said by a Gentleman that ever speaks freely We must so govern our selves as if this Parliament must be the Chrysis of all Parliaments and this the last I hope well and there will be no cause for the King our Head to except against us or we against him The dangers abroad are presented to us he is no English man that is not apprehensive of them We have provoked two Potent Kings the one too near who are too strongly joyned together the dangers are not Chimerical but real I acknowledge it but it must be done in proportion of our dangers at home I more fear the violation of Publick Rights at home then a Forein Enemy Must it be our duties and direction to defend Forein dangers and establish security against them and shall we not look at that which shall make us able and willing thereunto We shall not omit to confide and trust his Majesty otherwise our Councils will be with fears and that becomes not Englishmen The unaccustomed violences I have nothing but a good meaning â—rench into all we have To the four particulars already mentioned wherein we suffer one more may be added Lest God forbare to hear me in the day of my trouble our Religion is made vendible by Commissions Alas now a tolleration is granted little less and men for pecuniary annual rates dispenced withal whereby Papists without fear of Law practise Idolatry and scoff at Parliaments at Laws and all it is well known the people of this State are under no other subjection then what they did voluntarily consent unto by the original contract between King and people and as there are many Prerogatives and Priviledges conferred on the King so there are left to the Subject many necessary Liberties and Priviledges as appears by the Common Laws and Acts of Parliament notwithstanding what these two Sycophants have prated in the Pulpit to the contrary Was there ever yet King of England that directly ever violated the Subjects Liberty and Property but their actions were ever complained of in Parliament and no sooner complained of then redressed 21 E. 3. there went out a Commission to raise money in a strange manner the succeeding Parliament prayed redress and till H. 8. we never heard of the said Commissions again Another way was by Loan a worm that cankered the Law the Parliament did redress it and that money was paid again The next little Engine was Benevolence what the force of that was look into the Statute of R. 3. which damned that particular way and all other indirect wayes Since the Right of the Subject is thus bulwarkt by the Law of the Kingdom and Princes upon complainâ— have redressed them I am confident we shall have the like cause of joy from his Majesty I will here make a little digression The County I serve for were pleased to command me to seek the removal from them of the greatest burthen that ever people suffered It was excellently said Commissionary Lieutenants do deprive us of all Liberty if ever the like was seen of the Lieutenancy that now is I will never be believed more They tell the people they must pay so much upon a warrant from a Deputy Lieutenant or be bound to the good behavior and sent up to the Lords of the Council it is the strangest Engine to rend the Liberty of the Subject that ever was there was now a Decemviri in every County and amongst that
his person that the body of a man was not liable to be arrested or imprisoned for any other Cause at the Common-Law but for force and things done against the Peace For the Common-Law being the preserver of the Land so abhorreth force that those that commit it she accounteth her capital Enemies and therefore did subject their bodies to imprisonment But by the Statute of Marlebridge cap. 24. which was made 35 H. 3. who was the eighth King from the Conquest because Bailiffs would not render accompts to their Lords it was enacted that their bodies should be attatched And after by the Stat 23 E. 3.17 who was the eleventh King after the Conquest because men made no conscience to pay their Debts it was enacted that their bodies should likewise be attached But before those Statutes no mans body was subject to be taken or imprisoned otherwise then as aforesaid whereby it is evident how much the Common-Law favored the Liberty of the Subject and protected his body from imprisonment Here he enforced the Reason by a Rule in Law and mentioned some Cases in Law upon that rule and so proceeded to a second Reason drawn by an Argument à majore ad minus I frame it thus said he If the King have no absolute power over our Lands or Goods then à fortiori not over our Persons to imprison them without declaring the cause for our persons are much more worth then either Lands or Goods which is proved by what I have said already And Christ himself makes it clear where he saith An non est corpus supra vestimentum Is not the Body of more worth then the Raiment Nay I may well say that almost every leaf and page of all the Volumes of our Common-Law prove this right of Propriety this distinction of meum and tuum as well between King and Subject as one Subject and another And therefore my conclusion follows that if the Prerogative extend not neither to Lands nor to Goods then à fortiori not to the Person which is more worth then either Lands or Goods as I said And yet I agree that by the very Law of Nature service of the Person of the Subject is due to his Soveraign but this must be in such things which â—re not against the Law of Nature but to have the body imprisoned without any cause declared and so to become in bondage I am sure is contrary unto and against the Law of Nature and therefore not to be inforced by the Soveraign upon his Subjects 3. My next Reason is drawn ab inutili incommodo for the Statute de frangentibus prisonám made 1 E. 2. is Quod nullus qui prisonam fregerit subeat judicium vitae vel membrorum pro fractione prisonae tantum nisi causa pro qua captus imprisonetur tale judicium requirat whence this conclusion is clearly gathered that if a man be committed to prison without declaring what cause and then if either Malefactor do break the Prison or the Gaoler suffer him to escape albeit the Prisoner so escaping had committed crimen laesae Majestatis yet neither the Gaoler nor any other that procured his escape by the Law suffer any corporal punishment for setting him at large which if admitted might prove in consequence a matter of great danger to the Commonwealth 4. My next Reason is drawn ab regis honore from that great Honor the Law doth attribute unto Soveraign Majesty and therefore the rule of Law is that Solum Rex hoc non potest facere quod non potest justè agere And Hussey chief Justice 1 H. 7. saith that Sir Iohn Markham told King E. 4. he could not arrest a man either for Treason or Felony as a Subject might because that if the King did wrong the party could not have an Action against him and if the Kings Writ under his Great-Seal cannot imprison the Subject unless it contains the cause shall then the Kings Warrant otherwise do it without containing the cause that his Judge upon the return thereof may likewise judge of the same But I will conclude with that which I finde reported of Sir Iohn Davis who was the Kings Serjeant and so by the duty of his place would no doubt maintain to his uttermost the Prerogatives of the King his Royal Master And yet it was by him thus said in those Reports of his upon the Case of Tavistry-Customs That the Kings of England alwayes have had a Monarchy Royal and not a Monarchy Seignoral where under the first saith he The Subjects are Freemen and have Propriety in their Goods and Free-hold and Inheritance in their Lands But under the later they are as Villains and Slaves and have propriety in nothing And therefore said he When a Royal Monarch makes a new conquest yet if he receives any of the Nations ancient Inhabitants into his Protection they and their heirs after them shall enjoy their Lands and Liberties according to the Law And there he vouched this President and Judgment following given before William the Conqueror viz. That one Sherborn a Saxon at the time of the Conquest being owner of a Castle and Lands in Norfolk the Conqueror gave the same to one Warren a Norman and Sherborn dying the heir claiming the same by discent according to the Law it was before the Conqueror himself adjudged for the heir and that the gift thereof by the Conqueror was void Upon this and other Arguments made in this Case of the Habeas Corpus the House referred the whole Business to a Committee to examine all the Proceeding Concerning which Mr Selden afterward made report to the House that Mr Waterhouse a Clerk in the Crown Office being examined before the Committee did confess that by direction from Sir Robert Heath the Kings Attorney-General he did write the draught of a Judgement in the Case before mentioned which was delivered to Mr Attorney And Mr Keeling being examined before the Committee did confess that after Mich Tâ—â—m last the Attorney General wished him to make a special Entry of 〈◊〉 Habeas Corpus To which he answered he knew no special Entry in those Cases but onely a remittitur But said to Mr Attorney that if he pleased to draw one and the Court afterwards assent to it he would then enter it The Attorney did accordingly make a draught and the Copy thereof Mr Keeling produced to the Committee And further said that he carried this draught to the Judges but they would not assent to a special Entry Nevertheless the At. General divers times sent to him and told him there was no remedy but he must enter it Yet a week before the Parliament the Att. General called for the draught again which accordingly he gave unto him and never heard of it more Sir Robert Philips upon this Report gave his opinion That this intended Judgement in the Habeas Corpus was a draught made by some man that desired to strike us all from our Liberties but
ad idem dash not the Common-wealth twice against one Rock We have Grievances we must be eased of them who shall ease us No Nation hath a people more loving to the King then we but let the King think it and believe it there is a distance betwixt him and us before we can have his heart we must remove it Our disease is not so great but that it may be cured it is the Kings Evil which must be cured with Gold let us imitate Iacob who wrestled with the Angel and would not let him go I would we could wrestle with the King in duty and love and not to let him go in this Parliament till he comply with us We must take heed of too much repetition and over-beating of Grievances it is dangerous and it may make a further separation He that talks too much of his Grievance makes the party that is the cause of it make an apology and to justifie it and that is dangerous let us do as Poets in a Tragedy that sometimes have Comical Passages and so a generous mind will sink presently Sure a due presentation of such Grievances to such a King with moderation will take place with him In all deliberations go the safest way The old way I have heard is first to remove Grievances we must not ty and bind our selves by all that was done before I have gone over the Thames in former times on foot when it was all an Ice but that is no argument to perswade me by to do the like now because I did so once THe House waving the Debate of the Propositions proceeded with Grievances by Confinement and Designation for forain imployment in which points several Gentlemen delivered their opinion COnfinement is different from Imprisonment and it is against the Law that any should be confined either to his House or elswhere I know not what you can call a Punishment but there is some ground of it or mention thereof in Acts of Parliament Law-books or Records but for this of Confinement I finde none indeed Jews have been confined in former times to certain places as here in London to the old Iury The Civilians have perpetual Prisons and coercive Prisons upon Judgements in Court Carcer domesticus is a confinement for madmen I Was imployed in 88. in that service it was then thought fit that Recusants should be confined in strong places but it was not held legal and when the Navy was dispiersed they were set at liberty and the Parliament petitioned the Queen for a Law to warrant the Confinement Hereupon it was resolved That no freeman ought to be confined by any command of the King or Privy Councel or any other unless it be by Act of Parliament or by other due course or warrant of Law And then the House proceeded to the Debate concerning Designation to forain Imployment TOuching Designation to forain Imployment Sir Peter Hayman opened his own Case I have forgot my imployment unto the Palatinate I was called before the Lords of the Councel for what I know not I heard it was for not lending on a Privy Seal I told them if they will take my Estate let them I will give it up give I will not When I was before the Lords of the Councel they laid to my Charge my unwillingness to serve the King I said I had my Life and my Estate to serve my Countrey and my Religion They put upon me if I did not pay I should be put upon an imployment of Service I was willing after ten weeks waiting they told me I was to go with a Lord into the Palatinate and that I should have imployment there and means befitting I told them I was a Subject and desired means some put on very eagerly some dealt nobly they said I must go on my own purse I told them Nemo militat suis expensis some told me I must go I began to think What must I none were ever sent out in that kinde Lawyers told me I could not be so sent having that assurance I demanded means and was resolved not to stir upon those tearms and in silence and duty I denied upon this they having given me a Command to go after some twelve days they told me they would not send me as a Soldier but to attend on an Ambassador I knew that stone would hit me I setled my troubled estate and addressed my self to that Service THis is a great Point that much concerns the Commonwealth if the the King cannot command a Subject to his necessary service and on the other side it will be little less then an honorable banishment to the Subject if he may Our Books say the King cannot compel any to go out of the Realm and an action brought against him he cannot plead in Bar that he is by command from the King in forein service but the King may give him his protection 5 E. 3. N. 9. in the Parliament Roll there was an Ordinance whereby the King had power to send some to Ireland it is ordained that such Sages of the Law and Soldiers where need shall be though they refuse to go and excuse themselves if their excuses be not reasonable the King may do to them according to right and reason If the King by Law could do this of himself and send them to Ireland his own Dominion he would never have taken power from his Parliament and if men do not according to that Law there is no imprisonment prescribed NO restraint be it never so little but is Imprisonment and forain imployment is a kind of honorable Banishment I my self was designed to go to Ireland I was willing to go and hoped if I had gone to have found some Mompessons there There is a difference when the Party is the Kings servant and when not 46 E. 3. this was the time when the Law was in its height Sir Richard Pembridge was a Baron and the Kings Servant and Warden of the Cinque-ports he was commanded to go to Ireland and to serve as Deputy there which he refused He was not committed but the King was highly offended and having Offices and Fees and Lands pro servitio suo impenso the King seized his Lands and Offices I went to the Parliament Roll 47. E. 3. where I found another precedent for forain imployment they that have Offices pro consilio or servitio impenso if they refuse those Lands and Offices so given are seized but no commitment IF any man owes a man displeasure and shall procure him to be put into forain imployment it will be a matter of high concernment to the Subject We know the Honor and Justice of the King but we know not what his ministers or the mediation of Ambassadors may do to work their own wrath upon any man IF you grant this Liberty what are you the better by other priviledges what difference is there between imprisonment at home and constrained imployment
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
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort and strong hopes that this will prove as happy a Parliament as ever was in England And in their Consultations for the service of his Majesty and the safety of this Kingdom our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great wisdoms they doubt not have considered a great Body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient Order of their House But it is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded cannot but work in our hearts and we will faithfully report these Passages to our House from whence in due time we hope your Lordships shall receive a contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
of the Kings Bench this Law will not bend and when it lights on Subjects fitting if it do not bend it is unjust And there comes in the Law of the Chancery and of Equity this is Application of Law in private mens Causes when it comes to Meum tuum And thus the general Government of Cases with relation to the common State of the Kingdom is from the Council Board and there they are to vary from the Law of the Kingdom Suppose it be in time of Dearth Propriety of Goods may in that time be forced and be brought to the Market We saw the experience of it in Coals in London and the Council Board caused them to be brought forth and sold. In a time of Pestilence men may be restrained If a Schism be like to grow in a Church the State will enquire after the favorers of it if there be feaâ— of Invasion and it be encouraged by hope of a Party amongst us it is in the power of Government to restrain men to their houses In the Composure of these things there is great difference What differences have been between the Courts of Chancery and Kings Bench It is hard to put true difference between the Kings Prerogative and our Liberties His Majesty saw expence of time would be prejudicial it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties let us attend to all the parts of it there be Five Degrees and there is more assurance then we could have by any Law whatsoever His Majesty declares That Magna Charta and the other Statutes are in force This is not the first time that the Liberty of the Subject was infringed or was in Debate and confirmed all times thought it safe that when they came to a Negative of Power it was hard to keep Government and Liberty together but his Majesty stopped not there but according to the sense of these Laws That he will govern his Subjects in their just Liberties he assures us our Liberties are just they are not of Grace but of Right nay he assures us he will govern us according to the Laws of the Realm and that we shall finde as much security in his Majesties Promise as in any Law we can make and whatsoever Law we shall make it must come to his Majesties allowance and if his Majesty finde cause in his Government he may not put life to it We daily see all Laws are broken and all Laws will be broke for the Publique good and the King may pardon all Offenders his Majesty did see that the best way to settle all at unity is to express his own heart The Kings heart is the best guarder of his own promise his promise is bound with his heart What Prince can express more care and wisdom Lastly he saith That hereafter ye shall never have the like cause to complain May we not think the breach is made up is not his Majesty ingaged in his Royal word The conclusion is full of weight and he prayes God that as God hath blessed this Kingdom and put it into his heart to come amongst us so to make this day successful The wrath of a King is like the roaring of a Lyon and all Laws with his wrath are to no effect but the Kings favour is like to the dew of the grass there all will prosper and God made the Instruments to unite all hearts His Majesty having thus discharged himself he prayes us to proceed to the business that so much concerns him As his Majesty hath now shewed himself the best of Kings let us acknowledge his Majesties goodness and return to that Union which we all desire But this motion was not received with general acceptation and Sir Benjamin Rudyard replyed to it in these words WE are now upon a great business and the maner of handling it may be as great as the business it self Liberty is a precious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for mine own part I am clear without scruple that what we have resolved is according to the Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him ere now out of all question the very scope and drift of Magna Charta was to reduce the Regal to a Legal Power in matter of Imprisonment or else it had not been worthy so much contending for It is true That the King ought to have a trust reposed in him God forbid but he should and I hope it is impossible to take it from him for it lies not in the wit of man to devise such a Law as shall comprehend all particulars all accidents but that extraordinary Causes may happen which when they come if they be disposed of for the common good there will be no Law against them yet must the Law be general for otherwise Admissions and Exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of Nature to govern the ordinary course of things he hath made no Law for Miracles yet there is this observation of them that they are rather praeter naturam then contra naturam and always propter bones fines So the Kings Prerogatives are rather besides the Law then against it and when they are directly to their ends for the publique good they are not onely concurring Laws but even Laws in singularity and excellency But to come nearer let us consider where we are now what steps we have gone and gained The Kings learned Councel have acknowledged all the Laws to be still in force the Judges have not allowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolutions intire and without prejudice All this hitherto is for our advantage but above all his Majesty hath this day himself being publiquely present declared by the mouth of the Lord Keeper before both the Houses That Magna Charta and the other six Statutes are still in force That he will maintain his Subjects in the Liberties of their Persons and Proprieties of their Goods That he will govern them according to the Laws of the Kingdom this is a solemn and binding satisfaction expressing his gracious readiness to comply with his people in their reasonable and just desires The King is a good Man and it is no diminution to a King to be called so for whosoever is a good Man shall be greater then a King that is not so The King certainly is very tender of his present Honor and of his Fame hereafter He will think it hard to have a worse mark set upon him then upon any of his Ancestors by extraordinary restraints His Majesty hath already intimated unto us by a Message That he doth willingly give way to have the abuse of Power reformed by which I
do verily believe he doth very well understand what a miserable power it is which hath produced so much weakness to Himself and to the Kingdom And it is one happiness that he is so ready to redress it For mine own part I shall be very glad to see that old decrepite Law Magna Charta which hath been so long kept and lien bed-rid as it were I shall be glad to see it walk abroad again with new vigor and lustre attended and followed with the other six Statutes questionless it will be a great heartning to all the people I doubt not but upon a debating conference with the Lords we may happily fall upon a fair fit accommodation concerning the Liberty of our Persons and Propriety of our Goods I hope we may have a Bill to agree in the point against imprisonment for Loans or privy Seals As for intrinsecal power and reason of State they are matters in the Clouds where I desire we may leave them and not meddle with them at all left by the way of admittance we may lose somewhat of that which is our own already Yet this by the way I will say of reason of State That in the latitude by which 't is used it hath eaten out almost not onely the Laws but all the Religion of Christendom Now I will onely remember you of one Precept and that of the wisest man Be not over wise be not over just and he gives his reason for why wilt thou be desolate If Justice and Wisdom may be stretcht to desolation let us thereby learn that Moderation is the Vertue of Vertues and Wisdom of Wisdoms Let it be our Master-piece so to carry the business that we may keep Parliaments on foot For as long as they be frequent there will be no irregular Power which though it cannot be broken at once yet in short time it will be made and mouldred away there can be no total or final loss of Liberties as long as they last What we cannot get at one time we shall have at another Upon this debate it was ordered That a Committee of Lawyers do draw a Bill containing the substance of Magna Charta and the other Statutes that do concern the Liberty of the Subject which business took up two whole days Thursday the first of May. MAster Secretary Cook delivers a Message from his Majesty viz. to know whether the House will rest on his Royal Word or no declared to them by the Lord Keeper which if they do he assures them it shall be Royally performed Upon this there was a silence for a good space Then Mr. Secretary Cook proceeded This silence invites me to a further Speech and further to address my self Now we see we must grow towards an issue for my part how confident I have been of the good issue of this Parliament I have certified in this place and elsewhere and I am still confident therein I know his Majesty is resolved to do as much as ever King did for his Subjects All this Debate hath grown out of the sense of our Sufferings and a desire of making up again those Breaches that have been made Since this Parliament begun hath there been any dispence made of that which hath formerly been done when means were denied his Majesty being a yong King and newly come to his Crown which he found ingaged in a War what could we expect in such Necessities His Majesty called this Parliament to make up the Breach His Majesty assures us we shall not have the like cause to complain He assures the Laws shall be established what can we desire more all is that we provide for Posterity and that we do prevent the like suffering for the future Were not the same means provided by them before us can we do more we are come to the Liberty of the Subjects and the Prerogative of the King I hope we shall not adde any thing to our selves to depress him I will not divine I think we shall finde difficulty with the King or with the Lords I shall not deliver my opinion as Counsellor to his Majesty which I will not justifie and say here or at the Councel Board Will we in this necessity strive to bring our selves into a better Condition and greater Liberty then our Fathers had and the Crown into a worse then ever I dare not advise his Majesty to admit of that if this that we now desire be no Innovation it is all contained in those Acts and Statutes and whatsoever else we would adde more is a diminution to the Kings Power and an addition to our own We deal with a wise and prudent Prince that hath a Sword in his hand for our good and this good is supported by Power Do not think that by Cases of Law and Debate we can make that not to be Law which in experience we every day finde necessary make what Law you will if I do discharge the place I bear I must commit men and must not discover the Cause to any Jaylor or Judge if I by this Power commit one without just Cause the burthen falls heavy on me by his Majesties displeasure and he will remove me from my place Government is a solid thing and must be supported for our good Sir Robert Philips hereupon spake this That if the words of Kings strike impressions in the hearts of Subjects then do these words upon this occasion strike an impression into the hearts of us all to speak in a plain language we are now come to the end of our journey and the well disposing of an Answer to this Message will give happiness or misery to this Kingdom Let us set the Commonwealth of England before the eyes of his Majesty that we may justifie our selves that we have demeaned our selves dutifully to his Majesty And so the day following they had further Debate upon that matter the House being turned into a Grand Committee and Mr. Herbert in the Chair Some say that the Subject has suffered more in the violation of ancient Liberties within these few years then in Three hundred years before and therefore care ought to be taken for the time to come Sir Edward Cook said That that Royal word had reference to some Message formerly sent his Majesties word was That they may secure themselves any way by Bill or otherwise he promised to give way to it and to the end that this might not touch his Majesties Honor it was proposed that the Bill come not from the House but from the King We will and grant for us and our Successors and that we and our Successors will do thus and thus and it is the Kings Honor he cannot speak but by Record Others desired the House to consider when and where the late promise was made was it not in the face of both Houses Cruel Kings have been careful to perform their promises yea though they have been unlawful as Herod Therefore if we rest upon his Majesties promise
we may assure our selves of the performance of it Besides we binde his Majesty by relying on his word we have Laws enough it is the execution of them that is our life and it is the King that gives life and execution Sir Thomas Wentworth concluded the Debate saying That never House of Parliament trusted more in the goodness of their King for their own private then the present but we are ambitious that his Majesties goodness may remain to posterity and we are accomptable to a publique trust and therefore seeing there hath been a publique violation of the Laws by his Ministers nothing will satisfie him but a publique mends and our desire to vindicate the Subjects Rights by Bill are no more then are laid down in former Laws with some modest Provision for Instruction Performance and Execution Which so well agreed with the Sense of the House that they made it the subject of a Message to be delivered by the Speaker to his Majesty AMidst those deliberations another Message was delivered from his Majesty by Mr. Secretary Cook That howsoever we proceed in this business we have in hand which his Majesty will not doubt but to be according to our constant professions and so as he may have cause to give us thanks yet his resolution is that both his Royal care and hearty and tender affection towards all his loving Subjects shall appear to the whole Kingdom and all the World that he will govern us according to the Laws and Customs of this Realm that he will maintain us in the Liberties of our Persons and Proprieties of our Goods so as we may enjoy as much happiness as our forefathers in their best times and that he will rectifie what hath been or may be found amiss amongst us so that hereafter there may be no just cause to complain Wherein as his Majesty will rank himself amongst the best of our Kings and shew he hath no intention to invade or impeach our lawful Liberties or Right so he will have us to match our selves with the best Subjects not by incroaching upon that Soveraignty or Prerogative which God hath put into his hands for our good but by containing our selves within the Bounds and Laws of our forefathers without restraining them or inlarging them by new Explanations Interpretations Expositions or Additions in any sort which he telleth us he will not give way unto That the weight of the Affairs of the Kingdom and Christendom do press him more and more and that the time is now grown to that point of maturity that it cannot endure long debate or delay so as this Session of Parliament must continue no longer then Tuesday come sevennight at the furthest In which time his Majesty for his part will be ready to perform what he promised and if the House be not as ready to do that is fit for themselves it shall be their own faults And upon assurance of our good dispatch and correspondence his Majesty declareth That his Royal intention is to have another Session of Parliament at Michaelmass next for the perfecting of such things as cannot now be done This Message was debated the next day being Saturday May 30. whereupon Sir Iohn Elliot spake to this effect The King saith he will rank himself with the best of Kings and therefore he would have us to rank our selves with the best Subjects we will not incroach upon that Soveraignty that God hath put into his hands This makes me fear his Majesty is misinformed in what we go about let us make some inlargement and put it before him that we will not make any thing new as for the time of this Session it is but short and look how many Messages we have so many interruptions and mis-reports and mis-representations to his Majesty produce those Messages Sir Miles Fleetwood continues the Debate and said That this business is of great importance we are to accommodate this The breach of this Parliament will be the greatest misery that ever befell us the eyes of Christendom are upon this Parliament the state of all our Protestant friends are ready to be swallowed up by the Emperors Forces and our own Kingdom is in a miserable straight for the defence of our Religion that is invaded by the Romish Catholicks by the colour of a Commission which is intolerable the defence of our Realm by Shipping is decayed the Kings Revenue is sold and gone where shall the relief be obtained but in Parliament Now we are in the way let us proceed by way of Bill in pursuance of the Kings Message to establish the Fundamental Laws in Propriety of our Goods and Liberty of our Persons It was declared to us that courses by Loan and Imprisonment were not lawful let us touch them in our Bill and that all Precedents and Judgements seeming to the contrary be void and that all Commitments against the Law be remedied and that we be protected against the fear of Commitments In conclusion the Commons agree to an Answer to all the preceding Messages and present it to the King by the mouth of their Speaker The Speakers Speech to the King in Answer to several Messages Most Gracious and Dread Soveraign YOur Loyal and Obedient Subjects the Commons now Assembled in Parliament by several Messages from your Majesty and especially by that your Declaration delivered by the Lord Keeper before both Houses have to their exceeding joy and comfort received many ample expressions of your Princely care and tender affections towards them with a gracious promise and assurance that your Majesty will govern according to the Laws of this Realm and so maintain all your Subjects in the just Freedom of their Persons and Safety of their Estates that all their Rights and Liberties may be by them enjoyed with as much freedom and security in their time as in any age heretofore by their Ancestors under the best of your Progenitors For this so great a favor enlarged by a comfortable intimation of your Majesties confidence in the proceedings of this House they do by me their Speaker make as full return of most humble thanks to your Majesty with all dutiful acknowledgement of your Grace and Goodness herein extended unto them And whereas in one of those Messages delivered from your Majesty there was an expression of your desire to know whether this House would rest upon your Royal Word and Promise assuring them that if they would it should be royally and really performed As they again present their humble thanks for the seconding and strengthning of your former Royal expressions so in all humbleness they assure your Majesty that their greatest confiâ—â—â—ce is and ever must be in your Grace and Goodness without which they well know nothing that they can frame or desire will be of safety or value to them Therefore are all humble Suiters to your Majesty That your Royal heart will graciously accept and believe the truth of theirs which they humbly present as
alledged must be such as may be determined by our Iudges of our Courts of Westminster in a Legal and ordinary way of Iustice whereas the Causes may be such as those Iudges have not capacity of Iudicature nor Rules of Law to direct and guide their Iudgement in cases of that transcendent nature which hapning so often the very incroaching on that constant Rule of Government for so many ages within this Kingdom practised would soon dissolve the very Foundation and Frame of our Monarchy Wherefore as to our Commons we made fair Propositions which might equally preserve the just Liberty of the Subject so my Lords we have thought good to let you know that without the overthrow of Soveraignty we cannot suffer this Power to be impeached notwithstanding to clear our conscience and just intentions this we publish That it is not in our heart nor will we ever extend our Royal Power lent unto us from God beyond the just rule of Moderation in any thing which shall be contrary to our Laws and Customs wherein the safety of our People shall be our onely aim And we do hereby Declare our Royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain That neither we nor our Privy Council shall or will at any time hereafter commit or command to Prison or otherwise restrain the persons of any for not lending Money to us nor for any cause which in our conscience doth not concern the publique good and safety of us and our people we will not be drawn to pretend any cause wherein our judgement and conscience is not satisfied with base thoughts we hope no man can imagine will fall into our Royal breast and that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or address of our Iudges unto us readily and really express the true cause of their Commitment or Restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed and that in all Causes Criminal of ordinary Iurisdiction our Iudges shall proceed to the Deliverance or Bailment of the Prisoner according to the known and ordinary Rules of the Laws of this Land and according to the Statute of Magna Charta and those other Six Statutes insisted upon which we do take knowledge stand in full force and which we intend not to abrogate and weaken against the true intention thereof This we have thought fit to signifie the rather to shorten any long Debate upon this great question the season of the year being so far advanced and our great Occasions of State not lending many more days for longer continuance of this Session of Parliament Given under our Signet at our Palace at Westminster 20º Maii the Fourth year of our Reign The same day the Kings Letter was communicated to the House of Commons they laid it aside and Sir Thomas Wentworth said it was a Letter of Grace but the people will onely like of that which is done in a Parliamentary way besides the Debate of it would spend much time neither was it directed to the House of Commons and the Petition of Right would clear all mistakes For said he some give out as if the House went about to pinch the Kings Prerogative But the further Debate of this matter took up several days May 17. the Lords propounded at a Conference an Addition to be made to the Petition of Right which was delivered by the Lord Keeper to this purpose THat whereas at the late Conference of both Houses there were some things propounded that came from their Lordships out of a desire the Petition might have the easier passage with his Majesty not intending to violate in any maner the substance of the Petition but it was then thought fit that there was another part of the Petition of as great importance and weight My Lords since the time of that Conference have imployed themselves wholly to reduce the Petition to such a frame and order that may give both to you and them hope of acceptance And after many deliberations and much advice taken my Lords have resolved to represent to you something which they have thought upon yet not as a thing conclusive to them or you and according to their desires having mentioned it in the beginning have held it fit to conclude of nothing till that you be made acquainted with it and that there may be a mature advisement between you and them so that there may be the happier conclusion in all their business This being the determination of the Lords that nothing that is now offered unto you should be conclusive yet they thought it convenient to present it unto you This alteration and not alteration but addition which they shall propound unto you to be advised and conferred upon which is no breach of the frame they think it meet if it shall stand with your liking to be put in the conclusion of the Petition which I shall now read unto you WE present this our humble Petition to your Majesty with the care not onely of preserving our own Liberties but with due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People This is the thing the Lords do present unto you this subject of this Conference concerning the adding of this in the conclusion of the Petition and that they know that this is new and that you cannot presently give an answer to it therefore they desire that you do with some speed consider of it and their Lordships will be ready this afternoon This Addition produced several Speeches LEt us look said he into the Records and see what they are what is Soveraign Power Bodin saith That it is free from any Condition by this we shall acknowledge a Regal as well as a Legal Power Let us give that to the King that the Law gives him and no more I Am not able to speak to this question I know not what it is All our Petition is for the Laws of England and this Power seems to be another distinct Power from the Power of the Law I know how to adde Soveraign to his Person but not to his Power Also we cannot leave to him Soveraign Power we never were possessed of it WE cannot admit of those words with safety they are applicable to all the parts of our Petition It is in the nature of a Saving and by it we shall imply as if we had incroached on his Prerogative all the Laws we cite are without a Saving and yet now after the violation of them we must adde a Saving Also I have seen divers Petitions and where the Subject claimed a Right there I never saw a Saving of this nature THis is Magnum in parvo this is propounded to be a conclusion of our Petition It is a matter of great weight and to speak plainly it
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
our House hath taken this very Session in these words I A. B. do utterly testifie and declare in my conscience That the Kings Highness is the Supreme or Soveraign Governor of this Realm in all Causes c. and to my utmost Power will assist and defend all jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness or united or annexed to the Imperial Crown of this Realm c. So that your Lordships need not to borrow from our Protestations any Exhortations to us to entertain a Writing in assistance of the Kings Soveraign Power since we stand obliged by the most sacred Bond of a solemn Oath to assist and defend the same if cause and occasion so required So that the onely question between your Lordships and us is whether this Clause should be added to our Petition and received into it as part thereof which to do your Lordships reasons have not perswaded us because so to admit it were to overthrow the fabrick and substance of our Petition of Right and to annihilate the Right pretended by us and the Petition it self in effect For these words being added to our Petition viz. we humbly present this Petition c. with due regard to leave entire your Soveraign Power c. do include manifestly an Exception to our Petition and an Exception being of the nature of the thing whereunto it is an Exception Exceptio est de regula must of necessity destroy the Rule or Petition so far as to the case excepted Exceptio firmat regulam in casibus non exceptis in casibus except is destruit regulam Then this Construction followeth upon our Petition thus enlarged that after we have petitioned that no freeman should be compelled by imprisonment to lend or contribute money to his Majesty without his assent in Parliament nor receive against his will Soldiers into his house or undergo a Commission of Marshal Law for Life or Member in time of Peace we should adde Except his Majesty be pleased to require our monies and imprison us for not lending and send Soldiers into our houses and execute us by Marshal Law in time of Peace by vertue of his Soveraign Power which construction as it followeth necessarily upon this inlargement so it concludeth against our right in the Premises and utterly frustrateth all our Petition neither may it seem strange if this Clause additional which of it self in quality of a Proposition we confess being added to our Petition which also is true should overthrow the very frame and fabrick of it seeing the Logicians take knowledge of such a Fallacy called by them Fallacia a bene divisis ad male conjuncta Horace the Poet giveth an instance to this purpose in a Painter who when he had painted the Heaâ— of a man according to Art would then joyn to it the neck of a Horse and so mar the one and the other whereas each by it self might have been a piece of right good workmanship The second branch of my Lord Keepeâ—s rational part was enforc'd out of the last words of this addition by which his Lordship said that they did not leave intire all Soveraign Power but that wherewith his Majesty is trusted for the Protection Safety and Happiness of the People as if his Lordship would infer that Soveraign Power wherewith c. in this place to be Terminum diminuentem a Term of diminution or qualification and in that consideration might induce us to accept it But under his Lordships correction we cannot so interpret it For first we are assured that there is no Soveraign Power wherewith his Majesty is trusted either by God or man but onely that which is for the Protection Safety and Happiness of his people and therefore that limitation can make no impression upon us but we conceive it rather in this place to have the force Termini adaugentis to be a Term of important advantage against our Petition a Term of restriction and that wheresoever his Majesties Soveraign Power should be exercised upon us in all and every the particulars mentioned in the Petition we should without further enquiry submit thereunto as assuming and taking it pro concesso it induced to our Safety and Happiness c. Since therefore as the Petition is now conceived it carrieth the form and face of a Picture which representeth to the life the pressures and grievances of the people with the easie remedies And therefore we hope that his Majestie casting upon it a gracious eye will compassionate his poor Loyal Subjects and afford a comfortable answer I do humbly pray your Lordships not to mar or blemish the grace and face of this Picture with this unnecessary addition and unnecessary I prove it to be according to that Rule Expressio ejus quod tacite inest nihil operatur And Soveraign Power in cases where it hath place and ought to be used is always necessarily understood and though not expressed yet supplyed by reasonable intendment or by the opinion of all Learned men And therefore as it neither is nor can be by us expresly included especially in this Petition where the addition thereof would make such a confusion of the whole sense and substance The Kings Soveraign Power and Prerogative is always able to save it self and if it were not we must without this addition save it to our utmost powers if we will save our Oath and save our selves the true state of the cause thus standing between your Lordships and us the House of Commons doth not a little marvel upon what grounds your Lordships are so earnest to urge upon them this addition to be inserted into their Petition they nothing doubt but that the same proceeded out of a sollicitude and fear which your Lordships have lest otherwise the simple and absolute passage of this Petition might be construed hereafter in prejudice of his Majesties Soveraign Power And this your Lordships sollicitude and fear proceedeth from your love as the Poet saith Res est solliciti plena timoris Amor. But I humbly pray your Lordships to examine with us the grounds of this your sollicitude and fear which grounds needs must be laid either upon the words of the Petition or the intention of the Petitioners Upon the words there is no possibility to lay them for therein is no mention made of the Soveraign Power and were the words doubtful as thus We pray the like things be nor done hereafter under pretext of your Majesties Soveraign Power yet in respect of the Protestations preceding concomitant and subsequent to the Petition such doubtful words ought reasonably to be interpreted onely of such Soveraign Power as was not appliable to the Cases wherein it was exercised and of such Soveraign Power as should be justly practised but there are no such doubtful words and therefore it followeth that your Lordships fear and sollicitude must be grounded upon the intention of the Petitioners Now your Lordships well know that the House of Commons is not
special Charge and Direction so soon as the said Fleet or the greatest thereof shall be reassembled and joyned together then presently with the first opportunity of wind taking into his Charge also the Ships stayed and prepared at Portsmouth and Plimouth together with such fire Ships and other Vessels as shall be provided for this expedition to return to Rotchel with all possible diligence and do his best endevor to relieve the same Letting his Lordship know that order is taken for the victualling of the Fleet by Petty warrant so long as it remaineth in Harbor for the sparing and lengthening of the Sea victuals And if it so fall out that the Earl of Denbigh do set forward on his voyage towards Rotchel before the whole Fleet shall be joyned with him we pray your Grace to give him such Direction that he may leave order that the Ships which are behind shall follow him with all speed Monday 2 Iune The King came to the Parliament and spake thus in brief to both Houses Gentlemen I Am come hither to perform my duty I think no man can think it long since I have not taken so many days in answering the Petition as ye spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in me lies After this the Lord Keeper spake as followeth MY Lords and ye the Knights Citizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you That he takes it in good part that in consideration of setling your own Liberties ye have generally professed in both Houses that ye have no intention for to lessen or diminish his Majesties Prerogative wherein as ye have cleared your own intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and a strength to his Majesties Prerogative and his Prerogative a defence of your Liberties in which his Majesty doubts not but both he and you shall take a mutual comfort hereafter and for his part he is resolved to give an example in the using of his power for the preservation of your Liberties that hereafter ye shall have no cause to complain This is the sum of that which I am to say to you from his Majesty And that which further remains is That you hear read your own Petition and his Majesties gracious Answer The Petition Exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or aide shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land and by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common censent in Parliament Yet nevertheless of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have been in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other places and others of them have been therefore Imprisoned Consined and sundry other ways molested and disquieted And divers other charges have been layed and levied upon your People in several Counties by Lords Lieutenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called The great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken or imprisoned or be disseised of his Freeholds or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Iudgement of his Peers or by the Law of the Land And in the eight and twentieth year of the reign of King Edward the third it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenor of the said Statutes and other the good Laws Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the Causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25 year of the reign of King Edward the third
it is declared and enacted That no man shall be forejudged of life or limb against the form of the great Charter and the Law of the Land And by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Iustice of Martial Law against such Soldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanor whatsoever and by such summary Course and Order as is agreeable to Martial Law and is used in Armies in time of War to proceed to the tryal and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to proceed against such offenders according to the same Laws and Statutes upon pretence that the said offenders were punishable onely by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or he confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such maner as is before mentioned be imprisoned or detained And that your Majesty will be pleased to remove the said Soldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and proceedings to the prejudice of your People in any of the Premises shall not be drawn hereafter into Consequence or Example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the prosperity of this Kingdom Which Petition being read the 2 of June 2628. The Kings Answer was thus delivered unto it The King willeth that Right be done according to the Laws and Customs of the Realm And that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative On Tuesday June 3. the King's Answer was read in the House of Commons and seemed too scant in regard of so much expence of time and labour as had been imployed in contriving the petition Whereupon Sir Iohn Elliot stood up and made a long Speech wherein he gave forth so full and lively representation of all Grievances both general and particular as if they had never before been mentioned HE reduced the Cause of all our evils to Five heads Our insincerity and doubling in Religion which he exemplified by the freedome and increase of Papists by the composition with them in the North the slightness of those payments and the easiness in them by the hopes presumptions and reports of all the Papists generally by the disposition of Commanders the trust of Officers the confidence of secrecies of employments in this Kingdom in Ireland and elsewhere 2. Our want of Councel which sacrificed our honour and our men sent to the Palatinate stopping those greater supplies appointed for that Service by which it might have been made defensible this gave direction to that late expedition to Ree whose wounds are yet bleeding by means whereof the Protestants of France and their King by a necessary consequence are divided and that Countrey so prepared against us that we have nothing to promise our neighbours hardly for our selves insomuch as by the issue and success it may rather be thought a conception of Spain then begotten here by us 3. The insufficiency and unfaithfulness of our Generals Witness first the expedition to Cales where we arrived and found a Conquest ready viz. the Spanish ships fit for the satisfaction of a voyageâ— either in point of honour or in point of profit why was it neglected why was it not atchieved it being granted on all hands feasible when the whole Army landed why was there nothing attempted if nothing were intended wherefore did they land if there were a service why were they shipt again Witness secondly that to Ree where the whole action was carried against the judgement and opinion of the Officers viz. those that were of the Councel was not the first was not the last was not all at land in the intrenching in the continuance there in the assault in the retreat without their assent to say nothing of leaving the Wines and the Salt which were in our possession and of a value as they say to answer much of our expence nor of that wonder which no Alexander or Caesar ever did know the enriching of an enemy by curtesies when the Souldiers want help nor of the private entercourses and parlies with the Fort which continually were held what they intended may be
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
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
House fearing a sudden dissolution fell into consideration of the weak estate of the Kingdom and of our Friends and Allies abroad of the great strength of the House of Austria and the King of Spains ambition aspiring to an universal Monarchy and his present great preparations for war Hereupon the House was moved to name a select Committee to represent these things to his Majesty with the danger like to insue to this Kingdom if the Parliament be dissolved without a happy conclusion But being satisfied by the Lords of the privy Councel that there was no such cause of fear as the House apprehended the naming of a Committee was for that time deferred Having met in our Collections with a Letter of Mr. Allureds to old Mr. Chamberlain of the Court of Wards and being a concurrent proof to the Passages this day in the House We have thought fit here to mention it viz. Sir YEsterday was a day of desolation among us in Parliament and this day we fear will be the day of our dissolution Upon Tuesday Sir John Elliot moâ—ed that as we intended to furnish his Majesty with money we should also supply him with Counsel which was one part of the occasion why we were sent by the Countrey and called for by his Majesty And since that House was the greatest Councel of the Kingdom where or when should his Majesty have better Counsel then from thence So he desired there might be a Declaration made to the King of the danger wherein the Kingdom stood by the decay and contempt of Religion the insufficiency of his Generals the unfaithfulness of his Officers the weakness of his Councels the exhausting of his Treasure the death of his men the decay of Trade the loss of Shipping the many and powerful Enemies the sew and the poor Friends we had abroad In the enumerating of which the Chancellor of the Dutchy said it was a strange language yet the House commanded Sir John Elliot to go on then the Chancellor desired if he went on that himself might go out whereupon they all bad him begon yet he stayed and heard him out and the House generally inclined to such a Declaration to be presented in an humble and a modesâ— manner not prescribing the King the way but leaving it to his Iudgment for reformation So the next day being Wednesday we had a Message from his Majesty by the Speaker that the Session should end on Wednesday and that therefore we should husband the time and dispatch the old businesses without entertaining new intending to pursue their Declaration they had this Message yesterday morning brought them which I have here inclosed sent you which requiring not to casâ— or lay any aspersion upon any Minister of his Majesty the house was much affected to be so restrained since the House in former times had proceeded by finding and committing John of Gaunt the Kings Son and others and of late have medled with and sentenced the Lord Chancellor Bacon and the Lord Treasurer Cranfield Then Sir Robert Philips spake and mingled his words with weeping Mr. Prynne did the like and Sir Edward Cook overcome with passion seeing the desolation likely to ensue was forced to sit down when he began to speak through the abundance of tears yea the Speaker in his Speech could not refrain from weeping and shedding of tears besides a great many whose great griefs made them dumb and silent yet some bore up in that storm and incouraged others In the end they desired the Speaker to leave the Chair and Mr. Whitby was to come into it that they might speak the freer and the frequenter and commanded no man to go out of the House upon pain of going to the Tower Then the Speaker humbly and earnestly besought the House to give him leave to absent himself for half an hour presuming they did not think he did it for any ill intention which was instantly granted him then upon many Debates about their Liberties hereby infringed and the eminent danger wherein the Kingdom stood Sir Edward Cook told them he now saw God had not accepted of their humble and moderate carriages and fair proceedings and the rather because he thought they dealt not sincerely with the King and with the Countrey in making a true Representation of the causes of all these miseries which now he repented himself since things were come to this pass that he did it not sooner and therefore he not knowing whether ever he should speak in this House again would now do it freely and there protested that the author and cause of all those miseries was the Duke of Buckingham which was entertained and answered with a chearful acclamation of the House as when one good Hound recovers the scent the rest come in with a full cry so they pursued it and every one came on home and laid the blame where they thought the fault was and as they were Voting it to the Question whether they should name him in their intended Remonstrance the Sole or the Principall cause of all their miseries at home and abroad The Speaker having been three hours absent and with the King returned with this Message That the House should then rise being about eleven a clock and no Committees stould sit in the afternoon till to morrow morning What we shall expect this morning God of Heaven knows We shall meet timely this morning partly for the businesse sake and partly because two days since we made an Order that whosoever comes in after prayers payes twelve pence to the poor Sir excuse my hast and let us have your prayers whereof both you and we have here need So inscribling haste I rest Affectionately at your service Thomas Alured This 6. of June 1628. The Message mentioned in this Letter of the 6. of Iune is already before expressed Friday 6. Iune Mr. Speaker brings another Message from the King the day following IN my service to this House I have had many undeserved favours from you which I shall ever with all humbleness acknowledge but none can be greater then that testimony of your confidence yesterday shewed unto me whereby I hope I have done nothing or made any representation to his Majesty but what is for the honour and service of this House and I will have my tongue cleave to my mouth before I will speak to the disadvantage of any Member thereof I have now a Message to deliver unto you Whereas his Majesty understanding that ye did conceive his last Message to restrain you in your just Priviledges to complain of any of his Ministers These are to declare his intentions that he had no meaning of barring you from what hath been your Right but only to avoid all scandals on his Councel and Actions past and that his Ministers might not be nor himself under their names taxed for their Counsel unto his Majesty and that no such particulars should be taken in hand as would ask a longer time of consideration then what
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
ends And he vindicated the Duke in point of Religion 'T is true said he his Mother is a Recusant but never any thing more grieved him and never did a Son use more means then he to convert her and he hath no power over her and for his own Lady whom he found not firm in his Religion he hath it used means to confirm her As for Arminians I have often heard him protest and vow against these Opinions It is true many that have skill therein may have some credit with him and make use of his noble nature for their own ends One particular I know well that some Gentlemen and Preachers of great esteem were questioned for a matter wherein there was some error in the manner of which they were presented I told him of them and that they were questioned and he answered me he would do the best he could for to countenance them Sir Benjamin Rudyard gave his judgement that if the matter be urged home it will proclaim the man lowder then we can in words If we name excess of Power and abuse of Power it will reach to the Duke and all others in future times and to a Gentleman of honour nothing is so dear as sense of Honour I am witness and do know that he did many great and good Offices to this House If the forfeiture of my life could breed an Opinion that ye should have no occasion to complain at your next meeting I would pawn it to you Nor let any man say it is fear makes us desist we have shewed already what we dare do And because the imployment of Dalbeer had given much offence Sir Thomas Jermin stood up in his defence and said he had given great evidence of his Trust and Fidelity When the Count Palatine retired himself and the Councel agreed to send a Party under Count Mansfield to make a head and the King sent word to the Palatine to be present in Person Dalbeer went along with him with one more and being in a Village in Germany a Troop of fifty Horse met them Dalbeer went to the Captain and said we are in a Service I will give you so many crowns to conduct us which was done and Dalbeer went along with him In conclusion Iune the 13. it was Ordered upon the Question that the excessive Power of the Duke of Buckingham is the cause of the Evils and Dangers to the King and Kingdom And that this be added to the Remonstrance At this very time being Iune 18. 1628. Doctor Lamb so called having been at a Play-house came through the City of London and being a person very notorious the Boys gathered thick about him which increased by the access of ordinary People and the Rabble they presently reviled him with words calling him a Witch a Devil the Duke's Conjurer c. he took Sanctuary in the Wind-mill Tavern at the lower end of the Old Jury where he remained a little space but there being two Doors opening to several Streets out of the said House the Rout discovering the same made sure both Doors lest he should escape and pressed so hard upon the Vintner to enter the House that he for fear the House should be pulled down and the Wines in his Cellar spoiled and destroyed thrust the imaginary Devil out of his House whereupon the tumult carried him in a croud among them howting and showting crying a witch a Devil and when they saw a Guard coming by order of the Lord Mayor for the rescue of him they fell upon the Doctor beat him and bruised him and left him for dead With much ado the Officers that rescued him got him alive to the Counter where he remained some few houres and died that night The City of London endeavoured to find out the most active persons in this Riot but could not finde any that either could or if they could were willing to witnesse against any person in that businesse This happened to be in Parliament time and at that instant of time when they were about the Remonstrance against the Duke And shortly after so high was the rage of people that they would ordinarily utter these words Let Charles and George do what they can The Duke shall die like Doctor Lamb. What fine the City underwent for this miscarriage we shall observe in order of time Two days after the Privy Councel writ this ensuing Letter to the Lord Mayor Aldermen and Sheriffs of London WHereas we are given to understand that the fury and outrage of divers dissolute and disorderly person assembled together in great numbers without any resistance made or course taken to suppresse them by the Magistrates to whom it appertained one Lamb was in a barbarous manner slaine and murdered wherewith his Majesty having been likewise made acquainted as he is very sensible of the scandal that may hereby be cast upon the Peace and Government of the Realme in general when the chief City thereof and where his own Person is resident should by the remissnesse and neglect of Magistrates in the Execution of his Laws suffer a fact and misdemeanour of so high a nature to be committed and to passe unpunished So he is very highly displeased thereat and hath therefore commanded us in his name hereby streightly to charge and require your Lordship c. that with all care and diligence you do forthwith enquire out the principal Actors and Abettors therein and to cause them to be apprehended and committed to Prison and to be proceeded with and punished in the sevarest manner that by the Laws of the Realme is provided against offenders in so high a nature And so c. The Commons at this time voted that Doctor Neal Bishop of Winchester and Dr. Laud Bishop of Bath and Wells be named to be those near about the King who are suspected to be Arminians and that they are justly suspected to be unsound in their opinions that way The House was turned again into a Committee concerning the Remonstrance And Mr. Selden proposed that to the excessive power of the Duke should be added the abuse of that power since that abuse is the cause of these evils that it be presented to his Majesty to consider whether it be safe for the King and Common-wealth that a man of his power should be so near his Majesty and it was ordered accordingly All the parts of the Remonstrance being agreed unto it was perfected to be presented to the King being as followeth MOst Dread Sovereign as with humble thankfulnesse we your dutiful Commons now assembled in Parliament do acknowledge the great comfort which we have in your Majesties pious and gracious disposition so we think it a meet and most necessary Duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to informe your Majesty thereof
Subjects by being secure from all undue Charges be the more incouraged chearfully to proceed in their course of Trade by the increase whereof your Majesties Profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their duty both to your Majesty and their Countrey save onely to make this humble Declaration That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is a breach of the Fundamental Liberties of this Kingdom and contrary to your Majesties Royal answer to the said Petition of Right And therefore they do most humbly beseech your Majesty to forbear any further recieving of the same and not to take it in ill part from those of your Majesties loving Subjects who shall refuse to make payment of any such Charges without Warrant of Law demanded And as by this forbearance your most excellent Majesty shall manifest unto the world your Royal Iustice in the observation of your Laws So they doubt not but hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties Honor and Profit MR. Noy after the reading hereof moved the House that his Majesty might be requested that the Merchants might ship their goods without a Cocket otherwise they do forfeit their goods Iune 26. The Speaker being sent for to the King at Whitehall came not into the House till about nine a clock And after Prayers the Remonstrance concerning Tunnage and Poundage being ingrossed was a reading in the House and while it was a reading the King sent for the Speaker and the whole House and the King made a Speech as followeth IT may seem strange that I came so suddenly to end this Session before I give my assent to the Bills I will tell you the cause though I must avow that I owe the account of my actions to God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truly informed that a second Remonstrance is preparing for me to take away the profit of my Tunnage and Poundage one of the chiefest maintenances of my Crown by alleadging I have given away my right thereto by my Answer to your Petition This is so prejudicial unto me that I am forced to end this Session some few hours before I meant being not willing to receive any more Remonstrances to which I must give a harsh Answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no ways to trench upon my Prerogative saying they had neither intention or power to hurt it Therefore it must needs be conceived that I have granted no new but only confirmed the Antient Liberties of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self that those things which have been done whereby many have had some cause to expect the Liberties of the Subjects to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn into example for your prejudice and from time to time in the word of a King ye shal not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask nor meant by me I am sure to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for you only under me belongs the interpretation of Laws for none of the Houses of Parliament either joint or separate what new Doctrine soever may be raised have any Power either to make or declare a Law without my consent After this Speech ended the Bill of Subsidie was delivered to the Speaker standing at the Bar in the Lords House who made a short Speech and shewed that it was the greatest gift that ever was given in so short a time And so craving pardon for the errors of the House and his own which he knew to be very many he desired the King to give his Royal Assent The King came so suddenly and unexpectedly to the House that the Lords were not in their Robes and the Commons had given no direction or Order for the Speaker to deliver the Bill of Subsidies Neither was it brought down to the Commons House as it was used but the Bills were read and the Bill for the Sabbath for Recusants children for Alehouse-keepers for continuance of Statutes for the Clergies Subsidie for the Lay of Subsidie all passed But for the Bill for explanation of the Statutes 3. Iac. about Leases of Recusants Lands The King said that in this short time he had not time sufficient to consider thereof but he said he found many Errors therein though the Title be faire and if at the next meeting they would amend those Errors it should pass Many private Bills passed also and after they were all read their Titles and the Kings Answer to them which to the publique Bills was Le Roy le veult to the private Soit fait come il est desire The Lord Keeper said it is his Majesties pleasure that this Session now end and that the Parliament be prorogued till the twentieth of October next At this Parliament which begun at Westminster the 17. of March Anno Regni R. Caroli 3. These Acts were passed FIrst An Act for further reformation of sundry Abuses committed on the Lords day called Sunday 2. The Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament Assembled concerning divers Rights and Priviledges of the Subject with the Kings assent thereunto in full Parliament 3. An Act for repressing of all unlicenced Alehouses 4. An Act to restrain the sending over of any to be popishly bred beyond the Seas 5. An Act for establishing of Suttons Hospital c. 6. An Act for the Establishing of the Tenants Estates of Bromfield and Yale in the County of Denbigh c. 7. An Act for the continuance and repeal of divers Statutes c. 9. An Act for five entire Subsidies granted by the Clergy 10. An Act concerning the Title c. of Earl of Arundel and for the annexing of the Castle of Arundel
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
of all the Members of our Church except onely of some schismatical persons who have of late years taken the boldnesse to broach their contrary corrupt opinions we desire should not be called in question or doubt But howsoever it hath pleased your Majesty to our exceeding great comfort by many Testimonies to declare your own constant resolution to maintain the said Religion yet we see how your gracious purposes are therin crost and into what a miserable condition your whole Kingdom is likely by that means to be reduced we shall earnestlie endeavour as that which doth nearly concerne us the safety and prosperitie of your Majestie and people which are in such sort disordered that ruine thereby threatned to both may by Gods blessing be prevented being most heartilie sorrie that these occasions are offered which did thus hinder our proceedings And therefore as well for dignity and necessitie of the matter as for that we conceive it to be the most speedy and effectual way by uniting of all our hearts and endeavours to dispatch all other businesse of importance particularlie those which may seem more immediatlie to respect your Majesties profit We pray that our resolutions of preferring this businesse before all others may be acceptable to your Majestie to whom both in the matter and manner of our proceedings we desire to give all possible satisfaction Whereunto the King thus Answered GEntlemen this Answer being somewhat long may in reason require some time to reply unto it since as most of you cannot but judge this giveth no satisfaction Therefore I shall give you some short notes upon it I cannot think that whereas you alledge that the Bill of Tunnage and Poundage was brought in against the priviledge of your House That you will offer to take so much priviledge from every one of your members as not to allow them the liberty to bring in any Bill whatsoever although it be in your power when it is brought in to do with it what you think good And I cannot imagine you coming together by my power and to treat of things that I propound unto you can deny me that Prerogative to commend or offer my Bill unto you though in this particular I must confess that this Bill was not to have been offered to you in my Name as that Member of your House can bear witness As for the cause of delay in my businesse being Religion there is none of you shall have a greater care for the true preservation of it then my self which since it is confessed by your Answer You must either think I want power which cannot be or that I am very ill councelled if it be in so much danger as you affirm Though I may say much of this I will say no more but that for all this I shall not stop mine ears to you upon this subject so that in form and matter you transgresse not your limits as for Tunnage and Poundage I do not so much desire it out of greediness of the thing being perswaded you will make no stop in it when you once take it in hand as out of a desire to put an end to those Questions that do arise between me and some of my Subjects thinking it a strange thing if you should give Ear to those complaints and not to take the sure and speedy way to decide them Besides I must think it strange that this business of Religion should only be a hinderer of my Affaires whereas I am certainly informed all other things go according to their ordinary course therefore I must still be instant with you that you proceed with Tunnage and Poundage with diligence not looking to be denied in so just a desire and you must not think it strange i◠I finding you slack give you such further quickning as I shall find cause Hereupon Secretary Cook did acknowledge that at the presenting of the Bill of Tunnage to be read he said his Majesty much desired it but it was a mistake that his Majesty commanded it Wednesday the 4. of February THe House fell into debate of the Kings Declaration published in print to prohibite dispute or preaching one way or other concerning the matters mentioned in the Declaration alledging in the debate that the main end thereof was to suppress the Puritan party and yet to give liberty to the contrary side and they conceived that Bishop Laud and Bishop Montague mentioned in the last Remonstrance had advised the King to that Declaration Bishop Laud being advanced since the last Session of Parliament to be Bishop of London and Mr. Montague since that time made Bishop of Chichester And a Warrant was grantted to the Attourney General to draw up a pardon for him but whereas the Warrant was but for one the Attourney put four into the pardon viz. Bishop Montague Doctor Cosens Doctor Sibthorp and Doctor Manwaring Tuesday the 10. of February WHilst the House was in debate touching matters of Religion the Ware-house of Mr. Rolls Merchant and Member of the House then sitting in Parliament was locked up by a Pursuevant and himself called forth from the Committee and served with a Subpoenâ This gave occasion of smart debates in the House some said they were made the subject of scorn and contempt others conceived this to be a bone thrown in by them that have drawn a cloud on the true Religion to divert or interrupt them in the prosecution of that matter and they desired the messenger might be sent for and be examined by what procurement this Subpoenâ was taken forth Sir Humphrey May Chancellor of the Duchy and one of the Privy Councel assured the House that this neither proceeded from King nor Councel and therefore desired it might be searched into the bottome And it was afterwards cleared by Master Atturney General by his writing a Letter to Mr. Rolls that the serving a Subpoenâ upon him was a mistake and prayed that a favourable interpretation might be given of that matter Upon report from the Committee for Tunnage and Poundage Sir Iohn Wolstenholme Mr. Dawes and Mr. Carmarthan were ordered to appear at the Barr on Friday next and report was made to the House that Master Atturney notwithstanding his Letter did give order for the processe against Mr. Rolls and that in the Bill preferred in the Exchequer it was expressed the Merchants did plot practice and combine against the peace of the Kingdome This business being a matter of weight the further consideration thereof was appointed for another day and no member might go out of Town without Licence Thursday the 12. of February THe House was turned into a Committee concerning the business of Tunnage and Poundage and several Merchants did Petition that their goods were not only seized but informations preferred in Star-Chamber against them The Committee in their debate inclined that the Merchants might have their goods before they enter upon the Bill for Tunnage and Mr. Noy expressed himself
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
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
and Southcot Justices That offences committed in Parliament may be punished out of Parliament And 3 Ed. 3.19 it is good Law And it is usual neer the end of Parliaments to set some petty punishment upon offenders in Parliament to prevent other Courts And I have seen a Roll in this Court in 6 H. 6. where judgment was given in a writ of annuity in Ireland and afterwards the said judgment was reversed in Parliament in Ireland upon which judgment Writ of Error was brought in this Court and reversed Hide Chief Justice to the same intent No new matter hath been offered to us now by them that argue for the Defendants but the same Reasons and Authorities in substance which were objected before all the Justices of England and Barons of the Exchequer at Sergeants-Inn in Fleet-street upon an Information in the Star-Chamber for the same matter At which time after great deliberation it was resolved by all of them That an offence committed in Parliament that being ended may be punished out of Parliament And no Court more apt for that purpose then this Court in which we are and it cannot be punished in a future Parliament because it cannot take notice of matters done in a foregoing Parliament As to that that was said That an Inferiour Court cannot meddle with matters done in a Superior True it is That an Inferior Court cannot meddle with judgments of a Superior Court but if the particular members of a Superiour Court offend they are oft-times punishable in an Inferior Court As if a Judg shall commit a capital offence in this Court he may be arraigned thereof at Newgate 3 E. 3.19 and 1 Mar. which have been cited over-rule this case Therefore Whitlock accordingly 1. I say in this Case Nihil dictum quod non dictum prius 2. That all the Judges of England have resolved this very point 3. That now we are but upon the brink and skirts of the Cause for it is not now in Question if these be offences or no or if true or false but only if this Court have jurisdiction But it hath been objected That the offence is not capital therefore it is not examinable in this Court But though it be not capital yet it is criminal for it is sowing of sedition to the destruction of the Commonwealth The Question now is not between us that are Judges of this Court and the Parliament or between the King and the Parliament but between some private Members of the House of Commons and the King himself for here the King himself questions them for those offences as well he may In every Commonwealth there is one supereminent Power which is not subject to be questioned by any other and that is the King in this Commonwealth who as Bracton saith solum Deum habet ultorem But no other within the Realm hath this Priviledge It is true that that which is done in Parliament by consent of all the house shall not be questioned elsewhere but if any private Members exuunt personas judicum induunt malefacientium personas sunt seditiosi is there such Sanctimony in the place that they may not be questioned for it elsewhere The Bishop of Ross as the Case hath been put being Embassadour here practised matters against the State And it was resolved That although Legatus sit Rex in alieno solo yet when he goes out of the bounds of his Office and complots with Traytors in this Kingdom that he shall be punished as an offender here A Minister hath a great Priviledge when he is in the Pulpit but yet if in the Pulpit he utter speeches which are scandalous to the State he is punishable so in this Case when a Burgess of Parliament becomes mutinous he shall not have the Priviledge of Parliament In my opinion the Realm cannot consist without Parliaments but the behaviour of Parliament-men ought to be Parliamentary No outragious speeches were ever used against a great Minister of State in Parliament which have not been punished If a Judge of this Court utter scandalous speeches to the State he may be questioned for them before Commissioners of Oyer and Terminer because this is no judicial act of the Court. But it hath been objected That we cannot examine Acts done by a higher Power To this I put this Case When a Peer of the Realm is arraigned of Treason we are not his Judges but the high Steward and he shall be tryed by his Peers But if errour be committed in this proceeding that shall be reversed by errour in this Court for that which we do is Coram ipso Rege It hath been objected That the Parliament-Law differs from the Law by which we judge in this Court in sundry Cases And for the instance which hath been made That by the Statute none ought to be chosen Burgesse of a Town in which he doth not inhabit but that the usage of Parliament is contrary But if Information be brought upon the said Statute against such a Burgess I think that the Statute is a good warrant for us to give judgement against him And it hath been objected That there is no President in this matter But there are sundry Presidents by which it appears that the Parliament hath transmitted matters to this Court as 2 R. 2. there being a question between a great Peer and a Bishop it was transmitted to this Court being for matter of behaviour and although the Judges of this Court are but inferiour men yet the Court is higher for it appears by the 11 Eliz. Dy. That the Earl Marshal of England is an Officer of this Court and it is always admitted in Parliament That the priviledges of Parliament hold not in three Cases to wit in case of Treason secondly in case of Felony and in suit for the peace and the last is our very case Therefore c. Crook argued to the same intent but I did not well hear him he said That these offences ought to be punished in the Court or no where and all manner off offences which are against the Crown are examinable in this Court It hath been objected That by this means none will adventure to make his complaints in Parliament That is not so for he may complain in a Parliamentary course but not falsely and unlawfully as here is pretended for that which is unlawfully cannot be in a Parliamentary course It hath been objected That the Parliament is a higher Court then this is And it is true But every Member of Parliament is not a Court and if he commit offence he is punishable here Our Court is a Court of high jurisdiction it cannot take cognizance of real Pleas but if a real Plea comes by Error in this Court it shall never be transmitted But this Court may award a grand Cape and other Process usual in real Actions But of all capital and criminal causes we are originally competent Judges and by consequence of this matter But I am not
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
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
of Magna Charta is That no free-man be imprisoned but by the Law of the Land And it appears by these Books that it is against the Law of the Land that the King should imprison any one 2. Admit that this be onely a signification and notification given by the King himself of the commitment of the prisoner yet it seems that that signification is of no force 1. Because the words are general uncertain for notable contempts There are in the Law many contempts of severall natures there are contempts against the Common law against the Statute-law contempts in words gestures or actions And it appears not to the Court of what nature these contempts were Notable Every contempt which is made to the King is notable Against Our Government Contempt which is committed in a Court of Record or Chancery is a contempt against the Government of the King to wit because they disobey the King when he commands them by his Writs C. 8. 60. a. Beechers case The last two words of the Return are For stirring up of sedition against Us which words likewise are indefinite and generall I find not the word Sedition in our Books but taken adjectively as seditious books seditious newes c. in the Statute of 1 st and 2 d. of Phil. and Mary cap. 3. the words are If any person shall be convicted c. for speaking c. any false seditious or slanderous newes saying of the tayles of the Queen c. he shall lose his ears or pay 100 l. There the penalty imposed upon such Sedition is but a Fine C. 4. Lord Cromwell's case 13. where Sedition is defined to be seorsum itio when a man takes a course of his own And there it is said that the words maintain sedition against the Queen's proceedings shall be expounded according to the coherence of all the words and the intent of the parties So that it is plain that there is a sedition that is onely finable and which is no cause of imprisonment without bail And what the sedition is that is here intended cannot be gathered out of the words they are so generall against Us those words are redundant for every sedition is against the King Upon the generality and incertainty of all the words in the Return he put these cases 18. E. 3. A man was indicted quia furatus est equum and doth not say Felonic and therefore ill 29. ass 45. A man was indicted that he was communis latro and the indictment held vitious because too generall So here the offences are returned generally But there ought to be something individuall C. 5.57 Specot's case quia schismaticus inveteratus is no good cause for the Bishop to refuse a Clerk for it is too generall and there are schisms divers kinds 38. E. 3.2 Because the Clerk is criminosus it is no good cause for the Bishop to refuse him 8 and 9 Eliz. Dy. 254. The Bishop of N. refuseth one because he was a haunter of Taverns c. for which and divers other crimes he was unfit held that the last words are too generall and incertain 40. E. 3.6 In the tender of a marriage and refusall of the heir he ought to alledge a certain cause of refusall Whereupon issue may be taken C. 8.68 Trollop's case to say That the Plantiff is excommunicated for divers contumacies shall not disable him without shewing some cause in speciall of the excommunication upon which the Court may judge whether it were just or no. So here And he concluded with a case that was resolved Hill 33 Eliz. Peak and Paul the Defendants said of the Pantiff Thou art a mutinous and seditious man and maintains sedition against the Queen and the words adjudged not actionable Mason of Lincolns-Inne of Counsell with Mr. Long moved also that the Return was insufficient For the first Warrant that he was committed by command of the King signified by the Privy Councill I will not argue that because it was claimed as an antient right pertaining to the Subject in the Petition of Right whereto the King himself hath given his consent For the second Warrant the Return is for stirring up sedition against Us and Our Government Sedition is not any determined offence within our Law our Law gives definitions or descriptions of other offences to wit of Treason Murder Felony c. but there is no crime in our Law called Sedition It is defined by a Civilian to be Seditio or Secessio cum pars reipublicae contra partem infurgit so that sedition is nothing but division Braeton and Glanvill have the word Seditio generally Before the Statute of 25 E. 3. chap. 2. it was not clear enough what thing was Treason what not by which Statute it is declared what shall be said Treason and that the Iudges shall not declare any thing to be Treason that is not contained within the said Statute but it shall be declared onely by Parliament And that Statute speaks not of Sedition nor the Statute of 1 H. 4. chap. 10. which makes some things Treason which are not contained within the said Statute of 25 E. 3. The Statute of 1 E. 6. chap. 12. takes away all intervenient Statutes which declared new Treasons and the said Act declares other things to be Treason but mentions not Sedition Sedition is the quality of an offence and is oftentimes taken Adverbially or Adjectively To raise tumults or trespasses is sedition Tim. 2. E. 3. rot 23. Garbart's case A man was indicted because in the high street he took I. S. there being in hostile manner and usurped over him royall power which is manifest sedition and there it was but an indictment of trespasse Mich. 20. E. 1. rot 27. One that was surveyor of the Wood-work for the King was indicted for stealing of timber and detaining wages ridding Carpenters wages by one that was but a boy and this is there tearmed Sedition and yet it was but a petty Fellony Mich. 42. E. 3. rot 65. B. R. R. Pope was appealed by the wife of I. S. because he feloniously and seditiously murdered I. S. and seditiously was there put in because it was done privily By which cases it appears that sedition is not taken as a Substantive so that it may be applyed to treason trespasse or other offences By the Statute of 2 H. 4. chap. 15. there is punishment inflicted for the raising of seditious doctrine and yet no punishment could have been inflicted for it untill the said Statute yet it was seditious as well before the said Statute as after And this appears also by the Statute of 1 and 2 of Phil. and Mar. chap. 3. which hath been cited The Statute 13 Eliz. chap. 2. reciâ—es that divers seditious and evill disposed persons c. obtained Bulls of reconciliation from the Pope which offence was made treason by the said Statute for it was not before and yet there was sedition and by the saâ— Statute the aiders and abettors
are but in the case of Premunire By the Statute of 13. Eliz. chap. 1. for the avoiding of contentious and seditious Titles to the Crown it is enacted by the said Statute That he that shall declare the Successor of the King shall forfeit the moity of his goods c. so that the said offence although it be seditious is not treason by the Common Law nor is made treason by the Statute of 25. E. 3. nor by the Statute of 13 Eliz. By the Statute of 23 Eliz. chap. 2. he that speaks seditious or slanderous news of the Queen shall lose his ears or pay 200 l. and the second offence is made Felony The Statute of 35 Eliz. chap. 1. 〈…〉 seditious Sectaries which absent themselves from the Church they are to be punished 10 l. by the month Out of all which Statutes it may be collected that the word Sedition is taken variously according to the subject in hand And C. 4. Lord Cromwell's case Seditious is referred to doctrine There are offences more high in their nature than sedition which were not treason unlesse so declared by act of Parliament Every rebellious act is sedition yet if such Acts be not within the Statute of 23 Ed. 3. they are not treason 17 R. 2. chap. 8. Insurrection of villains and others is not made treason which proves that before this Act it was not treason And this Act of 17 R. 2. is repealed by the Statute of 1 H. 4. By the Statute of 3 and 4 E. 6. chap. 5. to assemble people to alter the Lawes is made treason if they continue together an houre after Proclamation made This assembly of people was sedition at the Common Law and the very assembly if they after dissolve upon Proclamation made is not treason by the said Statute By the Statute of 14 Eliz. chap. 1. it is made Felony malitiously and rebelliously to hold from the Queen any Castles c. but because this relates not to the Statute of 25 E. 3. it is not treason 2. It seems clearly that this Case is within the Petition of Right in which Magna Charta and the Statutes of 25 and 28 E. 3. are recited The grievance there was That divers have been imprisoned without any cause shewed to which they might make answer according to the Law And upon this Return nothing appears to be objected to which he might answer It appears not what that Act which is called Sedition was This is the very grief intended to be remedied by this Statute To this he cannot answer according to Law It appears not whether this were a seditious act trespasse or slander or what it was at all The words are Sedition against the King This helps not for every offence is against the King against his Crown and dignity that which disturbs the Common-wealth is against the King seditious doctrine is sedition against the King as is before said In 28 H. 6. vide Postrat fol. 19. the Lords and Commons desire the King that William de la Pool may be committed for divers treasons and sundry other heinous crimes and the Petition held not good because too generall Whereupon they exhibit particular Articles against him And therefore upon the whole matter he concluded and prayed that Mr. Long might be discharged from his imprisonment On another day Barckley and Davenport the Kings Sergeants argued for the King That this Return was sufficient in Law to detain them in prison Barckley began and said That the case is new and of great weight and consequence and yet under favour the prerogative of the King and the liberty of the Subject are not mainly touched therein for the case is not so generall as it hath been made but particular upon this particular Return The liberty of the Subject is a tender point the right whereof is great just and inviolable The prerogative of the King is an high point to which every subject ought to submit I intend not to make any discourse of the one or the other I will onely remember what the King hath determined upon them both in his speech which he made upon the Petition of right to wit That the Peoples liberties strengthen the Kings prerogative and that the Kings prerogative is to defend the Peoples liberties Thi◠〈◊〉 settle the hearts of the people concerning their liberty The way which I intend to treat in my Argument is to answer to the objections and reasons which have been made and to give some reasons whereby this Return shall be sufficient The objections which have been made are reducible to four heads 1. By what the prisoner here shall be said to be committed and detained 2. That this Commitment is against the Petition of right 3. That the Cause which is here returned is generall and incertain 4. That the offences mentioned in the Return are but Finable and therefore notwithstanding them the party is bailable For the first it hath been objected that the commitment here was by the Lords of the Privy Councill and the signification of this cause is by the King himself But I say that there is a further matter in the Return for the Lords of the Councill do it by the command of the King and they onely pursue this command I will not dispute whether the Lords of the Councill have power to commit an offender or no it is common in experience 33 H. 6.28 Poignâ—â— case is expresse in it And in the Petition of right it is admitted that they may commit And this is not alledged there for a grievance but the grievance there was because the particular charge of commitment was not shewed Some Books have been objected to prove that the King though in person cannot commit any person 16 H. 6. F. Monstrance de faits 182. But the authority of that Book vanisheth if the case be put at large which was in trespasse for cutting of Trees The Defendant said That the place where c is parcell of the Mannor of D. whereof the King is seised in Fee and the King commands us to cut And the opinion of the Court was that this is no plea without shewing a specialty of the command of the King And there the whole Court saies That if the King command me to arrest a man whereby I arrest him he shall have trespasse or imprisonment against me although it be done in the presence of the King That the following words are to be understood as the principal case was of one command of the King by word and then such command by word to arrest a man is void And 1 H. 7.4 was objected Hussey saies that Markham said to King Edw. 4. that he cannot arrest a man for suspition of Treason or Felony because if he do wrong the party cannot have his action To this I say That the Book there is to be understood of a wrongfull arrest for there is spoken of an action of false imprisonment and a wrongfull arrest cannot be made by the
King 2. It stands not with the dignity of the King to arrest any man C. 4. 73. The King makes a Lease for years rendring rent with condition of re-entry for non-payment he shall take advantage of the condition without any demand and the reason there given is that a decorum and conveniency might be observed So it is not befitting for the King in person to arrest any man but the King may command another to do it Bracton lib. 2. de acquirendo rerum Dominio fol. 55. sayes That the Crown of the King is to do justice and judgment and facere pacem without which the Crown it self cannot subsist Severall constructions are to be made upon those severall words and the last words facere pacem imply that the King hath a coercive power Britton f. 1. amongst the Errata The King said in person Because we are not sufficient in person to do every thing We divide the charge into many parts We are the peoples Iustice and a Iustice implies one that hath power to do justice in every kind to wit by imprisonment or otherwise 20 H. 7.7 C. 11.85 it is said That the King is the chief Iustice. And Lambert in his Justice of Peace fol. 3. saies That in antient Histories the chief Iustice of England is called Capitalis Justicia Prima Justicia after the King in England So that the King hath the same power of Iustice as the Chief Iustice had This imprisonment here which is before conviction for any offenâ— is not used towards the Subject as imprisonment for any fault but is rather an arrest or restraint to avoid further inconveniencies 14 H. 7.8 A Iustice of Peace may arrest men riotously assembled for prevention of further mischief And the Book also saies That he may leave his servants there to arrest men for safeguard of the peace It is a case well known that if a house be set on fire every man may pull down the next house for prevention of greater mischief so it seems concerning the Incendiaries of the State they ought to be restrained and supprest lest others should be stirred up by them to the same combustion 22 ass 56. and 22 E. 4.45 in false imprisonment the Defendant justifies because the Plantiff was mad and out of his wits and that he had done some harm and that he had bound and beat him to avoid further harm which might have happened by his madnesse And the justification was held good So it is in matter of Government to avoid commotions the King ought to use his coercive power against those that are enraged The objection was that this course was against the Petition of Right But I answer That this case is out of the words of that Petition the words of the Petition were Whereas by the Statute called The great Charter and by the Statute of 28 E. 3. no free-man may be taken or imprisoned yet against the tenour of the said Statute c. divers of your subjects have of late been imprisoned without any cause shewed and when for their deliverance c. they were brought before the Iustices by Writs of Habeas corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the cause of their deteyner and no cause was certified but that they were detained by your Majesties speciall command signified by the Lords of your Council and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to Law These last words are observable Without being charged with any thing to which they might make answer These words do not refer to the Return of the Habeas Corpus for the cause returned therein cannot be traversed 9 H. 6. 54. but the Court took it as true But the setting forth of the cause and the answer to the same cause is to be upon other proceedings to wit upon the indictment for the offence or otherwise And there is great difference between the return of a Writ to which a man may answer and the return of an Habeas corpus 10 E. 4. 3 H. 7.11 are that if the Sheriff return Rescous all certainties of every circumstance ought to be shewed because it is fitting that a thing certain be brought into judgment And upon shewing of the grievance as above the Petition is that no free-man in any such manner as before is mentioned be imprisoned or detained such and it hath relation to such imprisonment which is mentioned in the premises And imprisonment mentioned in the premises of the Petition is where no cause at all was mentioned then where any cause is shewed is out of the Petition and that such is the word relative appears by C. 11 62. where many cases are put to the same purpose which see The third objection was That the Return was generall and uncertain The Counsell on the other side had divided the words of the Return but that is to offer violence thereunto for an exposition shall not be made by fractions but upon the whole matter For the first words notable contempts It hath been said that the addition of the word notable is but to make a flourish But I say That notable is not the emphasis of the Return but it onely expresseth the nature of the offence and yet notable is a word observable by it self in the Law and implyes that the thing is known and noted By 27 E. 1. Sheriffs shall be punished that let notorious offenders to bayl and by the Statute of 4 H. 4. chap. 3. a notorious or common thief shall not make his purgation and 26 E. 3.71 in a trespasse for fals imprisonment the Defendant said That the Plantiff came into the Town of Huntington and because he was seen in the company of R. de Thorby who was a notorious thief he as Bailiff of Huntington took him upon suspition I confesse that for contempts is generall yea it is genus generalissimum and within the Petition of Right but the words are against Our Self It hath been said That this might be by irreverent words or gestures and Our Government It hath been said that this might be by contempt to the Kings Writ or by Retraxit as Beechers case is To this I answer That those words which are spoken to one purpose ought not to be wrested to another and this is against the common meaning of the words C. 4. Thou art a murderer the Defendant shall not afterwards explain it to be a murderer of Hares for the highest murder is intended So here the highest Government is intended 4. It hath been objected that for stirring up of sedition against Us may perhaps be but an offence Finable But those words joyned with the former words shew this to be an offence of the highest nature sedition is a speciall contempt And although sedition in it self may be but a generall offence yet here it is Sedition against Us and Our Government which makes
party upon tender of sufficient mainpernors is baylable I confesse that this difference is true but not in all respects for I deny that a man is alwaies baylable when imprisonment is imposed upon him for custody For imprisonment is for two intents the one is that the party which had offended should not avoid the judgment of Law the second is that he shall not do harm in the interim during his tryall and the Law is carefull in this point But it hath been said That although the party be bayled yet he is imprisoned I deny that for so is 1 H. 4.6 If the party come not at the day the Bayl shall be imprisoned but yet the Bayl shall not suffer the same punishment which ought to have been inflicted upon the party as if it were for treason the Bayl shall not answer for the fault but onely for the body Serjeant Berkley did well call a seditious man an Incendiary to the Government and as commune incendium is to be restrained of his liberty And he put 22 E. 4. and 22. ass 56. that a mad-man may be restrained to prevent the hurt he would otherwise do himself and others A seditious man is as a mad-man in the publick State of the Common-wealth and therefore ought to be restrained And it appears by the Writ de Leproso amovendo that a Leper is to be removed and in a manner imprisoned for the contagion of the disease and this is for the safeguard of others lest his Leprosy infect others The application is easie And by the Statute of 1 Jac. c. 33. is restrained to keep within doors if he go abroad any man may iustifie the killing of him The infection of sedition is as dangerous as any of these diseases therefore it is not safe to let seditious men to bayl or at libertyty in dangerous cases the wisest way is to make all safe In all cases of this nature much is left to the discretion of the Court The case of M. 9 E. 3. roll 39. Russell hath been objected to be in the point I have viewed the Record of that case and although it be verbally yet it is not materially to this purpose for the commitment was by a Iustice of North Wales upon the accusation of an accuser and it was within a short time after the Statute of 5 E. 3. by which it was ordained That none should be imprisoned upon the accusation of one accuser But here the detainment is by the King himself for stirring up of sedition And there the Return was That he was accused of Seditions and Undecencies where the latter word doth qualifie the former And there issued a Writ of good behaviour as the use was to enquire of the truth of the offence and it was found that there was no such offence and then upon the same Return again he was set at liberty so that the case there was speciall and the manner of proceedings speciall And I desire that one thing may be observed that Russell came in here upon the Habeas corpus 20 Sept. but was not delilivered untill Hillary Term following And for 28 H. 6. the Duke of Suffolk's case which was objected that the generall accusation of divers treasons was not legall That is true because it was in Parliament and in the nature of an accusation and being in a Court of Iustice it had been unjust to condemn a man before his Tryall and yet this Court upon probability of a fault doth oft-times restrain a man before conviction But it hath been objected in this case They have been a long time imprisoned and no proceedings against them It is well known that there have been some proceedings against them and they declined them and also more then three months is requisite for the preparation of such proceedings and the King intends to proceed against them in convenient time And some that were offendors in the same kind are already delivered to wit Mr. Coryton and Sir Peter Hayman Therefore if any injury be done to the prisoners they themselves are the cause of it for not submitting themselves to the King And for the instance which Mr. Littleton used of the Iudges in 11 R. 2. although they suffered for their opinions given to the King I desire that the time when their opinion was delivered may be considered to wit in the time of R. 2. and the time when they suffered to wit in the time of H. 4. And it was the saying of a noble Gentleman the Lord Egerton That Bealknap suffered rather by the potency of his enemies then the greatnesse of his offence And yet it is to be confessed that they might have given better counsell but there was no time to dispute of the justnesse of their counsell when the sword was in the hands of the Conquerour It hath been relyed upon the resolution of all the Iustices of England in 34 Eliz which resolution is now registred in the Upper House of Parliament at the request of the Commons in tertio Caroli Regis but I leave it to you as that Resolution shall sway your judgments The said Resolution is That the cause ought to be certified in the generality or specialty and here the generall cause is certified at least if the special be not so upon the whole matter the baylment of these prisoners is left to your discretion and I have shewed to you the discretion of your predecessors And if any danger appear to you in their baylment I am confident that ye wil not bayl them if any danger may ensue but first ye are to consult with the King and he will shew you where the danger rests Therefore upon the whole matter I pray that they be remanded When the Court was ready to have delivered their opinions in the grand Habeas corpus for Mr. Selden and others the Prisoners were not brought to the Bar according to the Rule of the Court Therefore Proclamation was made for the Keepers of the severall prisons to bring in their Prisoners but none of them appeared but the Marshall of the Kings Bench who said that Mr. Stroud that was in his custody was removed yesterday and put in the Tower of London by the Kings own Warrant and so it was done with the other Prisoners each of them was removed out of his Prison in which he was before But this notwithstanding it was prayed by the Counsell of the Prisoners that the Court would deliver their opinion for the matter in Law But the Court refused to do that because it is to no purpose for the Prisoners being absent they could not be bayled delivered or remanded Note The last day of the Term a Letter came to the Court from the King himself the effect whereof was to inform the Court of the reasons wherefore the Prisoners were not suffered to come at the day appointed for the resolution of the Iudges Mich. 5 Car. B. R. THe case of the grand Habeas corpus for Mr. Selden
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
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
of Soldiers 546. His Answer to that Petition p. 552. The Lord Keepers Speech by his Command to rely on the Kings word p. 555. Secretary Cooks Speech thereupon on behalf of the King p. 555 556. Sir Benjamin Rudiards Speech concerning the Kings word p. 557. The King sends another Message by Secretary Cooke to know whether the Parliament will or no relie on his word p. 558 559. Several debates thereupon ibid. He sends another Message that he intendeth shortly to end that Session p. 560. Debates thereupon p. 561. The Speakers Speech in Answer to the Kings several Messages ibid. The Kings Answer thereunto p. 562. The King sends another Message to relie on his word p. 563. Several Debates thereupon ibid. The Petition of Right to be presented to the King delivered at a Conference p. 564. His Letter declaring that he will preserve Magna Charta c. communicated at a Conference p. 565 566. The Lords Addition to the Petition of Right to have a saving for Soveraign power p. 567. Several Debates and Conferences thereupon â—hewing the danger of such a Salvo p. 568 569 c. The Lords agree to the Petition of Right without the Addition p. 592. The Kings and Lord Keepers Speech at the presenting of the Petition of Right p. 596. The Petition of Right at large p. 597. The Kings Answer thereunto p. 598. Not satisfactory and several Speeches thereupon p. 598 599 c. A Message from the King to end the Session on such a day p. 601. He sends another Message that he will certainly hold his day to end the Session p. 613. Several Debates thereupon and the Duke declared the cause of all Grievances p. 613 614 c. The King commands the House to adjourn p. 616. The Lords Address to the King to prevent a dissolution ibid. The King sends another Message to qualifie his former Messages p. 622. Several Speeches thereupon p. 623. The Kings Privy-Seal for payment of monies to raise German Horse p. 624. Burlemachs Examination that they were to be imported into England ibid. The King receives a Petition from both Houses for a better answer to the Petition of Right p. 625. The Kings fuller Answer thereunto and his Speech ib. The Kings Commission for raising of Monies by way of Imposition p. 626. Debates thereupon p. 627. Debates about a Remonstrance to the King against the Duke p. 628. A Remonstrance to the King against the Duke p. 631 632 c. The King causeth the Proceedings in the Star-chamber against the Duke to be taken off the File p. 638. And causeth the Commission for Excise to be cancelled p. 640. A Remonstrance to him concerning Tonnage and Poundage ibid. The King ends the Session of Parliament p. 643. A Particular of such Laws as he passed that Session of Parliament p. 644. Suppresses Dr Manwaring's Sermon by Proclamation p. 645. Grants a Commission to compound with Recusants ibid. His Proclamation against the Bishop of Calcedon ibid. Sends Romish Priests to Wisbitch p. 646. Advances Sir Rich. Weston to be Lord Treasurer Bishop Laud to the Bishoprick of London and Montague to a Bishoprick ibid. Pardons Montague and Manwaring p. 647. Solicited to send Relief to the King of Denmark under Sir Charls Morgan p. 648. Adjourns the Parliament that was to meet the 20 of October to the 20 of January p. 650. Takes the advice of the Iudges about racking of Felton ibid. Declares his resolution about taking the Imposition upon Currants p. 651. Consults with certain of his Council concerning the ensuing Parliament p. 654. His Speech at the second meeting of the Parliament p. 656. Sends a Message about the Bill for Tonnage and Poundage p. 657. Sends a Message to give precedency to Tonnage and Poundage p. 658. Petition to him for a Fast p. 662. His Answer thereunto p. 663. Notwithstanding his Message precedency given to Religion ibid. His Answer to that Particular p. 664. His Declaration against Disputes about Religion debated p. 665. A Report concerning his Pardon to Manwaring and Montague p. 667. His Message about Customs p. 668. His Commission about it p. 669. His Declaration concerning the dissolving the third Parliament at large App. p. 1. Common Fame p. 221 222. Conway Lord p. 12 23 178 182 185 235 238 243 268 292 450 451 455 c. Cook Secretary p. 182 498 501 502 531 544 54 558 559 560 563. Cook Mr. p. 218 222 229 Cook Sir Edward p. 201 497 505 508 526 529 538 543 564 615 627. Corriton Mr. p. 660 Coronation p. 203 204 Cottington Mr. p. 9 13 18 76 122 Cotton Sir Robert p. 20 471 Coventry Sir Thomas made Lord Keeper p. 202. His Speeches in Parliament p. 206 225 481 555 567 592 596 623. Privy Council new sworn p. 169. They write to Dalbeir about disposing the German Horse p. 648. Creswel Mr. 502. Crew Sir Randolf displaced about the Loan p. 424. Crew Sir Thomas p. 55 117 149 150. Again made Speaker p. 176. Cromwel Oliver against the Bishop of Winchester p. 667. Cromwel Lord p. 199. Crosby Sir Piercy Lands with Supply of men p. 467. D. DArnel Sir Thomas about Habeas Corpus p. 462. Davenport Serjeant Argument App. p. 27. Dawes Mr. his Answer about Customs p. 668. Decimation projected 5 Car. App. p. 14. Denmark King his Declaration p. 421. His Battel ibid. His overthrow p. 422. Digby Sir John his discourse betwixt the Duke of Lerma about a Match with Spain p. 1. His advice to the King in that matter p. 2. Is authorised to treat and conclude the Match p. 3. Presents the first draught of Articles p. 4. Sent Ambassador into Flanders p. 23. The substance of his Ambassie to the Emperor and Duke of Bavaria p. 37. Gives an account in Parliament p. 39. Made Earl of Bristol p. 67 68. A Letter to him from the King p. 68. Gives the King hope of a Match p. 69. Hath a Proxy delivered to him by the Prince to consummate the Marriage p. 103. Receives also private instructions not to put it in execution p. 104. Labors to satisfie the Prince to recal his instructions but in vain p. 105. He and Sir Walter Aston again attempt it but in vain p. 106. Bristol sends his Apology to K. James for demurring upon the new instructions p. 112. Hath a tender of large offers from the K. of Spain p. 113. Protests against The Dukes Narration in Parliament p. 149. A Letter from the Lord Conway to him p. 238. His answer to the Lord Conway p. 239. His Petition for a Writ of Summons p. 240. The Kings Letter to him p. 241. He Petitions the Lords again about his Writ of Summons ibid. And desires to be heard in the Accusation of the Duke ibid. Sends a Copy of the Lord Keepers Letter p. 242. With his Answer thereto p. 243. A Message from the King concerning him ibid. He is brought to the Bar p. 252. Articles preferred against him by the Kings Command p. 253. His
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
Soldiers commanded not to disband Trade prohibited with Spain Trained Bands exercised Part of Michaelmas Term adjourned The Term at Reading Hopes of a Parliament Sir Edward Cook High Sheriff his exceptions to the Sheriffs Oath The Seal taken from Bishop Willâ—ams sequestred formerly and given to Sir Thomas Coventry A Parliament Summoned Recusants to be Excommunicated The King resolved to leave Mr. Montague to the Parliament Preparations for the Kings Coronation A Proclamation for all that have Forty pound per annum to come and receive the Order of Knighthood A Thanksgiving for the Plagues ceasing Number of those who died of the Plague The Ceremonies at the Kings Coronation Archbish. P.P. The Kings Answer A Second Parliament meets The Lord Keepers Speech Sir Hennage Finch chosen Speaker His Speech Grievances taken into consideration Grievances laid open Articles against Mr Montague People prohibited for going to Mass at Ambassadors Houses The Atturney's Letter to the Judges concerning Recusants The Council of War for the Palatinate questioned in the House of Commons The Earl of Pembroke at a Conference presseth Supply Reports from the Committee concerning Evils and Remedies A Committee of the Lords House to consider of the safety of the Kingdom comunicated to the Commons Not well resented The Kings Letter to the Speaker Sir Richard Westons Message The Commons Answer to the Kings Message by Sir Richard Weston The Kings Reply Doctor Turners Queries against the Duke Another Message from the King by Sir Richard Weston Dr. Turners Explanation Dr. Turners Letter to the Speaker Sir W. Walters opinion of the Cause of Grievances Sir Iohn Eliot pursues the Argument against the Duke Three Subsidies and Three Fifteens Voted Debate concerning the Duke resumed The Kings Speech March 29. The Lord Keepers Speech The King proceeds The Duke at a Conference explains the Kings late Speech and the Lord Keepers Declaration The Duke renders an account of his Negotiation in the Low-Countreys The Lord Conway vindicates the Duke A List of Moneys disbursed for the War The Lords Petition touching Precedency chalenged by Scots and Irish Nobles The Lord Conways Letter to the Earl of Bristol The Earl of Bristols Letter to the Lord Conway The Earl of Bristol petitions the House of Lords The Petition referred to the Committee of Priviledges The Kings Letter to the Earl of Bristol The Earl of Bristol Petitions the Lords upon receipt of his Writ A Message from the King to the House of Lords The Marshal of Middlesex's Petition touching Priests The Commons Remonstrance to the King in Answer to his Majesties and the Lord Keepers Speech The House adjourned for a week Private advice given to the Duke The Bishops commanded to attend the King The Dukes answer to a Message from the Commons reported Glanviles report from the Committee The Kings Message touching new matter against the Duke The Earl of Bristol brought to the bar of the Lords House Articles against the Earl of Bristol The Earl of Bristols expressions at the time of his Accusation The Earl of Bristols speech at the Bar of the Lords House at the delivery of his Articles against the Duke He layes open his Case to the Parliament The Lord Chamberlain attests the truth of what the Earl had said The Earl proceeds The Earl of Bristols Articles against the Duke The Earl of Bristols Articles against the Lord Conway A Message from the King to the Lords concerning Bristol's Articles against the Duke The Reasons The Earl of Bristols Speech by way of Introduction before he gave in his Answer His Service to the Palatinate when he was Ambassador to the Emperor His Service to the Palatinate before his Ambassie to the Emperor His arrival in Spain and behavior there His carriage concerning the Match Means to shew that the Match was intended by the Spaniard Bristol not the cause of the Delays in Spain He never disswaded the King to take Arms. He advised both King and Prince to a Protestant Match He never moved his Majesty to set Priests at liberty A Declaration signed by my Lord Conway in behalf of Roman Catholicks He perswaded not the Prince to change his Religion He advised both King and Prince if they will Match with a Catholick rather to Spain then France but cheifly to a Protestant Princess He constantly professed the Protestant religion King Iames proposeth a Match to the Prince Palatine between his eldest son and the Emperors daughter The Earls Reasons why he was forward to consummate the Match til warrant came to the contrary The restitution of the Palatinate promised by the King of Spain and Olivarez The advantages of the Spanish Match to England The Commons Articles against the Duke His ingrossing many Offices Plurality of Offices His buying of Offices His buying the Cinque 〈◊〉 the Lord Zouch The first Article enlarged by Mr. Herbert The second and third enlarged by him His neglect of guarding the Seas His taking a Ship called St Peter of Newhaven The fourth Article enlarged by Mr Selden The Fifth Articles enlarged by Mr Selden His delivering Ships into the hands of the King of France Those ships to be used to his knowledge against Rochel Mr. Glanvile enlargeth the Sixth Article Mr. Glanvile inlarges the Seventh and Eighth Articles Mr. Pym enlargeth the 11. Article The 10. Article enlarged His imbezling and engrossing the Kings money and Lands Mr Sherland enlarges the Ninth Article He enlargeth the Twelfth Article The Thirteenth Article enlarged by Mr. Wandesford Sir Ioh â—llâ—â—â—â— speech concluding the Dukes Impeachment Sir Iohn Elliot and Sir Dudley Diggs committed to the Tower Private Suggestions to the King in behalf of the Duke Kings Speech concerning the Duke The Commons Message by Sir Nath. Rich to seeure the Duke The Dukes Speech against the Commons The Commons discontented at the imprisonment of their Members Sir Dudley Carleton's Speech The Commons Protestation touching words imputed to Sir Dudley Diggs Sir D. Diggs released out of prison protests he never spake the words charged on him The King is satisfied that the words were not spoken The Duke dissatisfied Thirty six Lords protest they heard not the words supposed to be spoken at a Conference Sâ—r Iohn Elliot is released out of the Tower Is charged by Sir Dudley Carlton for his Speech against the Duke He dischargeth himself The Lords Petition to the King about the Earl of Arundel imprisoned in the time of Parliament The Kings Message to the Lords touching the Earl of Arundel The Lords resolved to maintain their priviledges A Remonstrance and Petition of the Peers in behalf of the Earl of Arundel The Kings first Answer to the Remonstrance and Petition The King promiseth to answer the said Remonstrance The Lords are urgent for an Answer The King returns another Answer to the Lords touching the Remonstrance Another Petition to the King touching the Earl of Arundel The King takes exception at the Petition The Lords desire to know of his Majesty to what part of the Petition he takes
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.
real from things fictitious or imaginary Whereof I shall not at all repent if I may but prove an ordinary Instrument to undeceive those that come after us If you demand why my Collections commence so early and start at such a distance of time so remote I must answer That it was at first in my purpose to begin with the Parliament which met Nov. 3. 1640. But after I had perused ordered and compared my Printed and Manuscript-Relations of the First Year of that Parliament I found they pointed at and were bottomed upon some Actions of the late King in dissolving four preceding Parliaments And thereupon the zeal I had to clear the truth of the Differences between the King and Parliament forced me to a longer Adventure especially seeing the Essay had been very imperfect and but a meer fragment if I had only writ the Death and not the Life of a Prince who in the first Speech that ever he made in his first Parliament did reflect upon some passages in a former Parliament that advised his Father to break off the two Treaties with Spain touching a Marriage and Restitution of the Palatinate and so engaged the Father in a War which the Son was by him left to prosecute And this Consideration put me upon a further enquiry concerning the aforesaid Treaties the causes and grounds of the War in the Palatinate and how far the same concerned England and the oppressed Protestants in Germany And finding those proceedings to have their rise in the Year 1618. in which Year the Blazing-Star appeared I resolved that very Instant should be the Ne plus ultra of my Retrospect I allow and accept it as a good Memento which I meet with in a late Author That most Writers now adays appear in Publique not crook-backed as it is reported of the Iews but crook-sided warped and bowed to the right or to the left For I have heartily studied to declare my self unbiassed and to give an instance That it is possible for an Ingenuous man to be of a Party and yet not partial If any one engaged on the King's side come forth in Print with the like moderation fairness and indifferencie without heat and personal reflections our Posterity may be confident of a full discovery of Truth which is every honest mans desire and expectation And besides the Vertues and Reasons of men concerned may shine and give satisfaction even to those who are not of the same Judgment I pretend onely in this Work to a bare Narrative of matter of Fact digested in order of time not interposing my own Opinion or interpretation of Actions I infuse neither vinegar nor gall into my Ink If I mention a Charge or Impeachment it relates also to the Defence that was made by the Accused And though in these latter times Titles Names and Dignities are altered yet I use the Language of that Time of which I write speaking as the then Parliaments spake and not robbing any man of the Honor or Epithite which they then pleased to give him If I speak of any transactions which I my self did not see or hear I do so with all the caution imaginable having first consulted Records conferred with Persons of unquestionable esteem interessed in the very actions or perused their known hand-writings of those times and where I make mention of any Letters or Passages scattered in print I first well weighed the same and out of whose Closets they came and found many of them concredited before I inserted them And lastly where I doubted I perfected my Intelligence by Forein correspondencies fetching my satisfaction in divers particulars out of Germany Spain and Italy Here you will have an intermixture of Secrets of State useful for States-men and of matters of Law which may be of some use not only to the Professors of it but to every Englishman for though few profess the Law yet all live by it for it hedges in and upholds the Rights Liberties and Properties The matters of Law are not all bound up in one bundle but you will finde them dispersed in interlocutory Speeches and Discourses some of them in Historical Narrations and lastly in Polemical Debates and Arguments taken by a Gentleman then a young Student of the Law which you will finde in an Appendix placed at the end of the Book and I hope the Reader will not think his minutes ill bestowed in reading of them though out of place A great part of the Work is filled up with remarkable Transactions in Parliament and the Course and Proceedings thereof wherein you will finde not onely great wit and wisdom but choice Eloquence and excellent Orators Diggs Wentworth Phillips Elliot Glanvile and others not much inferior to the Roman Demagogue I durst not presume to contract them to an Epitomie or Abridgement lest by essaying that I might trespass too much upon the Soil of other mens Inventions and Judgements or prejudice Truth or the Persons whose natural Off-springs they are Here you have Debates Siftings and Consultations of each House apart and also by Conferences each with other Alterius sic Altera poscit opem Domus consultat amicè and Resolutions of Parliaments and some Laws which were the ultimate productions of these Councels and Debates I have but a word to say to my good and worthy Friends of the Army and it must be by way of Apology that this Treatise contains not what may be expected by them from me the Relation of the Motions Actions and Atchievements of the Army which I acknowledge was the first thing in my thoughts and intentions But upon further consideration I thought it necessary to look somewhat backwards that we may the better understand the Causes and Grounds which brought the late War upon us before we set forth the Actions of the War In the former we may see the vigilancy and care of our Ancestors to secure and uphold our Liberties and Properties and to transmit the same in as much purity as might be to their Posterity in the latter which are the Actions of the War you shall see their Courage and Magnanimity setting a higher value upon the Rights and Liberties of the Nation then upon their own Lives Whom therefore when I come in order of time to mention and shall also have occasion to magnifie for their perseverance in maintaining and defending those Laws and Liberties so redeemed with the price of their blood against Arbitrary wayes and courses how joyfull shall I be to employ my Pen to Chronicle such of their Names to Posterity who justly merit that Character as worthy of Double Honor. In the second Part of my Collections which is to follow according to the entertainment which this findes abroad I shall write with the more confidence because I did personally attend and observe all Occurrences of moment during the Eleven years Interval of Parliament in the Star-Chamber Court of Honor and Exchequer-Chamber when all the Judges of England met there upon extraordinary