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
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
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
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
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
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
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
other Ambassadors will do so no more I am a good Master that never doubted of him for I know him to be so good a Schollar of mine that I say without vanâ—ty he will not exceed his Masters Dictates And I trust the Report not the worse he made because it is approved by you all yet I believe an honest man as much as all the World and the rather because he was a Disciple of mine And I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I finde you have done The Lords having debated those high Matters of State which the King put into their hands delivered their opinions That his Majesty cannot with honor and safety and with the conveniency of State and Religion proceed any further in the Treaty of the Princes Marriage nor relie any longer upon the Treaty for the recovery of the Palatinate in which Vote the Commons concurred with them And in this manner both Houses Addressed themselves to the King May it please your most Excellent Majesty WE are come unto you imployed from your most faithful Subjects and Servants the Lords and Commons assembled in this present Parliament And first They and we do give most humble and hearty thanks unto Almighty God that out of his gracious goodness he hath been pleased now at last to dispel the Clouds and Mists which for so many years have dimmed the eyes of a great part of Christendom in the business whereof we do now consult And secondly We acknowledge our selves most bound unto your Majesty that you have been pleased to require the humble Advice of us your obedient Subjects in a Case so important as this is which hitherto dependeth between your Majesty and the King of Spain Which we jointly offer from both Houses no one person there dissenting or disagreeing from the rest And it is upon mature consideration and weighing many particulars of sundry natures that finding so much wanâ— of Sincerity in all their Proceedings We super totam materiam present this our humble Address unto your Majesty That the Treaties both for the Marriage and the Palatinate may not any longer be continued with the honor of your Majesty the safety of your People the welfare of your Children and Posterity as also the assurance of your antient Allies and Confederates Reasons were also presented to fortifie this Vote Whereas the Propositions of the Match were at the first no more then Liberty of Conscience to the Infanta and her Family which the King might in honor grant The Spaniards taking advantage of the Prince's being in Spain importuned a General Connivence of Religion to the diminution of the Kings Soveraignty and against the usage of other Catholick Princes in the like Treaties and to the discouragement of all his well-affected Subjects And this they have labored with the Pope being of mischievous consequence During this Treaty the Popish Faction hath mightily increased And whereas heretofore they were wont to be divided some taking part with the Secular Priests and some with the Iesuites they are united which is a matter of great consequence considering they do as well depend on Spain for Temporal matters as on Rome for Spiritual And they cannot be suppressed as long as the Treaty holds They have by this Treaty devoured our Allies and the Protestant party in Germany and elswhere to the decay of true Religion and to the jealousie of our Friends beyond the Seas During this Treaty of Love they have spoiled his Majesties Son-in-law of his Lands and Honors and notwithstanding promises of Restitution still invaded his Rights and at length turned pretended Difficulties into apparent Impossibilities They have deluded our King and offered indignity to our Prince by importuning him again and again to a Conversion contrary â—o the Law of Hospitality and the Priviledge of Princes The Insincerity of their Proceedings is to be seen by that former Overture of Marriage for the late Prince Henry which after many specious Motions was followed with a disavowing of their own Ambassador and a scornful Proposition made to the King of the Prince's altering his Religion As also by the Treaty of Bruxels where the Lord Weston found nothing but Delays and Deceit and after divers peremptory Commands from Spain for his Majesties satisfaction it wrought no other effect then the Besieging and taking of Heidelburgh insomuch that the Ambassador was forced to protest and return To these things were added the Translation of the Electorate to the Duke of Bavaria and the Letter of the King of Spain to Conde Olivares with the Conde's Answer which imported that the Match was never intended As also after the Prince had taken a hazardous Journey they devised a shift by a Iuncto of Divines to let him come home without the Lady These Reasons were presented to the King by the universal consent of the House of Commons Hereupon the King came to Parliament and made a Speech deliberative enquiring into the Condition of the War which they advised and the means to uphold and carry it on My Lords and Gentlemen all I Have cause first to thank God with my heart and all the faculties of my mind that my Speech which I delivered in Parliament hath taken so good effect amongst you as that with an unanimous consent you have freely and speedily given me your Advice in this great Business for which I also thank you all as heartily as I can I also give my particular thanks to the Gentlemen of the Lower House for that I heard when some would have cast Jealousies and Doubts between me and my people they presently quelled those motions which otherwise might indeed have hindred the happy Agreement I hope to find in this Parliament You give me your Advice to break off both the Treaties as well concerning the Match as the Palatinate And now give me leave as an old King to propound my Doubts and hereafter to give you my Answer First it is true that I who have been all the days of my life a peaceable King and have had the honor in my Titles and Impresses to be stiled Rex Paciâ—icus should be loth without necessity to imbroil my self with War far from my Nature and from my Honor which I have had at home and abroad in endeavouring to avoid the effusion of Christian blood of which too much hath been shed and so much against my heart I say that unless it be upon such a Necessity that I may call it as some say merrily of Women Malum necessarium I should be loth to enter into it And I must likewise acquaint you that I have had no small hope given me of obtaining better Conditions for the Restitution of the Palatinate and that even since the sitting down of the Parliament But be not jealous or think me such a King that would under pretence of asking your Advice put a scorn upon you by disdaining and rejecting it For you
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
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
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
upon the Priviledges of the Peers of this Land and upon mine and their safety hereafter For if the Writ be not obeyed the Law calleth it a Misprission and highly fineable whereof we have had late examples and a missive Letter being avowed or not is to be doubted would not be adjudged a sufficient discharge against the Great-Seal of England On the other side if the Letter be not obeyed a Peer may De facto be committed upon a Contempt in the interim and the Question cleared afterwards so that in this case it is above mine abilities I can onely answer your Lordship that I will most exactly obey and to the end I may understand which obedience will be in all kindes most suitable to my duty I will presently repair to my private Lodging at London and there remain until in this and other Causes I shall have petitioned his Majesty and understand his further pleasure For the second part of your Lordships Letter where your Lordship saith That his Majesties meaning is not thereby to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as before so that your Lordships personal attendance here is to be forborne I conceive your Lordship intendeth this touching my coming to Parliament onely for as touching my comning to London I never had at any time one word of prohibition or colourable pretence of restraint but on the contrary having his late Majesties express leave to come to London to follow my affairs out of my respect to his Majesty then Prince and to the Duke of Buckingham I forbore to come until I might know whether my coming would not be disagreeable unto them whereunto his Majesty was pleased to answer both under the hand of the Duke and of Mr Secretary Conway That he took my respect unto him herein in very good part and would wish me to make use of the leave the King had given me since which time I never received any Letter or Message of restraint onely his Majesty by his Letter bearing date June the last commandeth me to remain as I was in the time of the King his Father which was with liberty to come to London to follow mine own affairs as I pleased as will appear unto your Lordship if you will afford me so much favor as to peruse them I have writ this much unto your Lordship because I would not through misunderstanding fall into displeasure by my coming up and to intreat your Lordship to inform his Majesty thereof And that my Lord Conway by whose Warrant I was onely restrained in the late Kings time of famous memory may produce any one word that may have so much as any colourable pretence of debarring my coming up to London I beseech your Lordship to pardon my desire to have things clearly understood for the want of that formerly hath caused all my troubles and when any thing is misinformed concerning me I have little or no means to clear it so that my chief labor is to avoid misunderstanding I shall conclude with beseeching your Lordship to do me this favor to let his Majesty understand that my coming up is onely rightly to understand his pleasure whereunto I shall in all things most dutifully and humbly conform my self And so with my humble service to your Lordship I recommend you to Gods holy protection and remain Your Lordships most humble Servant BRISTOL Sherborn April 12. 1626. Hereupon the Lord Keeper delivered this Message from the King to the House of Lords THat his Majesty hath heard of a Petition preferred unto this House by the Earl of Bristol so void of duty and respects to his Majesty that he hath great cause to punish him That he hath also heard with what duty and respectfulness to his Majesty their Lordships have proceeded therein which his Majesty conceiveth to have been upon the knowledge they have that he hath been restrained for matters of State and his Majesty doth therefore give their Lordships thanks for the same and is resolved to put the Cause upon the honor and justice of their Lordships and this House And therefore his Majesty commanded him the Lord Keeper to signifie to their Lordships his Royal pleasure That the Earl of Bristol be sent for as a Delinquent to answer in this House his Offences committed in his Negotiations before his Majesties being in Spain and his Offences since his Majesties coming from Spain and his scandalizing the Duke of Buckingham immediately and his Majesty by reflection with whose privity and by whose directions the Duke did guide his Actions and without which he did nothing All which his Majesty will cause to be charged against him before their Lordships in this House The Lords appointed a Committee to attend the King and to present their humble thanks to his Majesty for the trust and confidence he had placed in the honor and justice of their House About this time the Marshal of Middlesex petitioned to the Committee of the House of Commons touching his resistance in seising of Priests goods A Warrant was made by Mr Attorney General to Iohn Tendring Marshal of Middlesex and other therein named to search the Prison of the Clink and to seise all Popish and Superstitious matters there found A Letter also was directed to Sir George Paul a Justice of Peace in Surrey to pray him to take some care and pains to expedite that service On Good Friday April 7. Sir George Paul was ready by six a clock in the morning five or six Constables being charged and about an hundred persons to aid and assist them The Marshall being attended with the persons named in the Warrant and divers others of his own servants and the Aid being provided by Sir George Paul came to the Clink and finding a door open without any Porter or Door-keeper at all entred without resistance at the first appearing But immediately upon discovery of his purpose the Concourse of people without and his unexpected entrance giving occasion thereto the Porter steps up shuts the door and keeps the Marshal and some few that entred together with him within and his Aid without resisting them that would enter their Warrant being shewed notwithstanding until by force another door was broken open by which the other persons named in the Warrant the Marshals men with the Constables and others appointed for their assistance with Halberts did enter also leaving sufficient company without to guard the three several doors belonging to the House Being within the Marshall gave direction to his followers to disperse themselves into several parts of the House to the end that whilest he did search in one part the other parts and places might be safely guarded and so he proceeded in his search in the prosecution whereof he found four several Priests in the house viz. Preston Cannon Warrington Prator Preston was committed to the Clink about 16 years since and discharged of his imprisonment about
of imprisoning of him by Warrants only under his own hand for which he cannot as the Earl conceiveth produce any sufficient Warrant IV. That by the space of Twelve moneths last past the said Lord Conway hath been the Cause of the Earls restraint only by misinforming his Majesty and procuring a Letter of restraint upon undue grounds And when it was made apparent unto him that the said Earl was restored to his liberty freely to follow his own affairs by his late Majesty of blessed memory he replied That that liberty given him by his Majesty expired with the Kings death V. That the Earl of Bristols Mother lying sick upon her death-bed desired for her comfort to see her Son and to give him her last blessing Whereupon the Earl wrote to the Lord Conway to desire him to move the King for his leave which he putting off from day to day told the person imployed That by reason of the Dukes sickness he could not find opportunity to get the Dukes leave to move the King And having spoken with the Duke he made a Negative answer in the Kings name Wherewith the Earl acquainting the King by some of his Bedchamber his Majesty was in a very great anger swearing the Secretary had never moved him and that to deny the said Earl leave was a barbarous part and thereupon sent him presently free leave which the Secretary hearing of sent likewise afterwards a Letter of leave but with divers clauses and limitations differing from the leave sent him from the Kings own mouth VI. That having the businesses of the Earl of Bristols in his hands and the Earl being commanded by the King to address himself in his occasions unto his Lordship He would never deliver any Message from the said Earl without acquainting the said Duke and receiving his directions and in a noble manner of freeness stuck not to send him word VII That the Earl of Bristol having received from the Lord Conway Twenty Interrogatories in his late Majesties name drawn up by a Commission of the Lords appointed to search into the Proceedings and Imploiments of the said Earl in which search there was more then two moneths spent divers of the said Interrogatories involving Felony and Teason And his Majesty having been pleased to assure the said Earl both by Message and Letters that upon satisfaction given to himself and the Commissioners by his Answers he would presently put an end to the Earl of Bristol's Businesse The Earl of Bristol having so fully answered as would admit of no reply and that many of the Commissioners declared themseves to be fully satisfied The said Lord Conway being the Secretary in the Commission to whom it properly belonged to call the Lords to assemble perceiving the Earl of Bristol was like to be cleared never moved for any further meeting neither have they ever been permitted to meet until this day whereby the troubles of the Earl of Bristol have been kept on foot till this present and the said Earls Imprisonment hath been enlarged Twenty moneths And by the Artifices of the said Duke of Buckingham and the said Lord Conway as shall be made appear the said Earl hath been insensibly involved and stauked into the troubles he is now in which he doubteth not but your Lordships will judge to be a very considerable Case VIII That for a colour of keeping the Earl from his late Majesties presence it being pretended after the Answer to the twenty Interrogatories that there were some few Questions more to be added whereunto when he should have answered his Majesty swore solemnly that without any delay he should be admitted to his presence and that within two or three dayes he should have the said Questions sent unto him the Lord Conway notwithstanding he acknowledged under his hand that he had received his Majesties directions for the sending of the said Articles and was often thereunto sollicited on the behalf of the said Earl would never send the said Questions and at last answered That he had no more to do with the Earls businesses IX That the Earl of Bristol being set free by his late Majesty to come to London to follow his own Affairs as he pleased and thereupon having his Writ of Parliament sent unto him without any Letter of Prohibition but the Earl of Bristol out of his great desire to conform all his actions to that which he should understand would best please his Majesty sent to know whether his going or stay would be most agreeable unto his Majesty who was pleased to answer by a Letter from my Lord Duke of Buckingham That he took in veâ—â— good part the said Earls respect unto him but wished him to make some excuse for the present The which accordingly he did and moved That he might have a Letter under the Kings hand to warrant his absence but under colour of this Letter of leave upon the Earl of Bristol's own motion and desire the Lord Conway sent a Letter from his Majesty absolutely forbidding his coming to Parliament and therein likewise was inserted a Clause That the Earl should remain restrained as he was in the time of his late Majesty and so thereby a colour of restraint under his Majesties hand was gotten which could never be procured in his late Majesties time whereby the Earl of Bristol hath been unduly restrained ever since without being able to procure any redress or to make the Lord Conway willing to understand his Case although he sent him all the Papers whereby he might clearly see that the Earl was not under restraint in his late Majesties time but never other Answer could be procured from him but That he judged the said Earl to be under restraint and that his Liberty was expired by the late Kings death as is aforesaid X. That the Lord Conway knowing that the Match for the marrying of the King of Bohemia's eldest Son with the Emperors Daughter and being bred in the Emperors Court was allowed and propounded by his late Majesty And that his Majesty by his Letters unto his Son-in-law declareth That he thinketh it the fairest and clearest way for the accommodation of his Affairs and that he will take sufficient care for his breeding in true Religion And notwithstanding that the said Earl received a Copy of the said Letter by the late Kings order with other Papers setting down all that had been done in the said business and his Majesties assent thereunto from the Lord Conway himself yet hath he suffered all to be charged as a crime against the Earl of Bristol both in the twentieth Interrogatory and in his Majesties last Letter that he should consent to the breeding of the young Prince in the Emperors Court And further in the Interogatory he alledgeth it as an aggravation against the said Earl That the breeding of the said Prince in the Emperors Court inferred to the perversion of his Religion when he knew that his said breeding was never thought nor spoken of by the
his gracious acceptance of his service as in his Letters of November 24. 1622. written as followeth Viz. Your Dispatches are in all points so full and in them we receive so good satisfaction as in this we shall not need to inlarge any further but onely tell you we are well pleased with this diligent and discreet imployment of your endeavors and all that concerneth our service so are we likewise with the whole proceedings of our Ambassador Sir Walter Aston Thus we bid you heartily farewel Newmarkeâ— Novemb. 24 1622. And afterwards his Majesty was likewise pleased in his Letters of 8 Ianuary 1622. a little before our gracious Soveraign Lord the King then Prince his coming into Spain Viz. as followeth Concerning that knotty and unfortunate Affair of the Palatinate to say the truth as things stand I know not what you could have done more then you have done already And whereas it is objected the Palatinate should be lost by the hopes he the said Earl gave by his Letters out of Spain it is an Objection of impossibility for there was nothing left but Mainheim and Frankendale when his first Letters out of Spain could possibly come to his late Majesties hands for he did not begin to Negotiate that business until August 1622. and about that time Heidelberg and all but Mainheim and Frankendale was lost and Mainheim he had saved by his industry had it not been so suddenly delivered as is by his Majesty acknowledged by Letters of 24 November 1622. written thus Viz. And howsoever the Order given to the Infanta for the relief of Mainheim arrived too late and after the Town was yielded to Tilly yet must we acknowledge it to be a good effect of your Negotiation and an Argument of that Kings sincere and sound intention And Frankendale being by the said Earls means once saved was again the second time saved meerly by the said Earls industry and procuring a Letter from the King of Spain dated the second of February 1623. whereupon followed the Treaty of Sequestration which hath since continued And he the said Earl was so far from hindring Succors by any Letter or Counsel of his that he was the Sollicitor and in great part the procurer of most of the Succors that had been sent thither as is formerly set down And when his Royal Majesty that now is and the Duke of Buckingham arrived at the Court of Spain they found the Business of the Palatinate in so fair a way that the Spanish Ministers told them the King should give his late Majesty a Blank in which we might frame our own Conditions and the same he confirmeth unto us now and the like touching this Blank was likewise acknowledged by the Duke of Buckingham in his Speech in Parliament after the return of his Majesty out of Spain And it will appear by the Testimony of Sir Walter Aston and by his and the said Earls Dispatches that the said Earl wanted not industry and zeal in the business insomuch as the last Answer the said Earl procured herein from the King of Spain was fuller then he the said Earl was ordered by his late Majesties latest Letters to insist upon So as by that which hath been alledged the said Earl hopeth your Lordships will be satisfied not onely that he wanted neither will nor industry but that he hath with all true zeal and affection and with his own means faithfully served their Majesties and the Prince Palatine in this Cause And for assurance in that Affair he had all that could be between Christian Princes and if in the said Assurances there hath been any deceit as by the said Article is intimated which he never knew nor believed he referred it to God to punish their wickedness For betwixt Princes there can be no greater Tye then their Words their Hands and Seals all which he procured in that behalf and both the said Earl and Sir Walter Aston were so confident that the business would be ended to his late Majesties satisfaction that in a joynt Dispatch to his late Majesty of 24 November 1623. after his now Majesties return into England they wrote as followeth Viz. We hope that your Majesty may according to your desire signified to me the Earl of Bristol by the Letters of October 8 give to your Majesties Royal Daughter this Christmas the comfortable news of the near expiring of her great troubles and sufferings as unto the Prince your Son the congratulation of being arrived to a most excellent Princess And having thus given your Lordships an Accompt of his Proceedings touching the Palatinate he will by your Lordships good favors proceed to the other part of that Charge concerning the Marriage And first touching his hopes and assurances that he is charged to have given to his late Majesty and Ministers of State here in England of the Spaniards real proceedings in the said Match when he said he knew they never meant it He saith he never gave any hopes of their proceedings but such and the very same that were first given to him without adding or diminishing neither could he have done otherwise either with honesty or safety And he further saith That the hopes he gave were not upon any Intelligence but as well in that of the Match as the other of the Palatinate his Advertisements were grounded upon all the Assurances both of Words and Writing that could possibly pass between Christians as will be made evidently appear by his Dispatch of 9 September 1623 which he humbly desires may be read if the length of it may not displease The substance being to shew all the Engagements and Promises of the King of Spain that he really intended the Match And the causes why the Conde Olivares pretended to the Duke of Buckingham that the Match was not formerly meant was onely thereby to free himself from Treating any longer with the said Earl to the end that he might treat for larger Conditions in point of Religion with the said Duke The said Conde Olivares taking advantage of having the Person of his Majesty then Prince in his hands And with this Dispatch the said Earl acquainted his Majesty that now is in Spain before he sent it And by this Dispatch the Earl doubteth not but that it will appear to this Honorable Court that whilest the Treating of this business was in hand he proceeded in that not onely with care and industry but with some measure of vigilancy And for clearing an Objection that hath been alleadged that the Match was never meant before the Dukes coming into Spain nor after the Earl craveth leave to set down some few Reasons of many which caused him to believe that the said Match was and had been really meant and that it was so conceived by both their Majesties and the King of Spain and their Ministers on both sides For first The Duke of Buckingham certified his late Majesty that the business of the Marriage was brought to a happy Conclusion whereupon
said Company for the effecting of his said designs wherein he still unlawfully pretended that a Tenth part or some other great share out of the Lading of the said ships belonged unto him albeit the said Company upon right information of their Cause to their Council both Civilians and Common-Lawyers were advised that there did no Tenths or other such shares belong to the said Duke as he pretended And whereas the said Duke by this time finding that he could not prevail to get his Ends by any fair course continued yet resolute to make his gain upon the Company by right or wrong as he might and to that purpose made use of the following opportunities and advantages in such cunning and abusive manner as I shall further open to your Lordships The said Duke well knowing thâ—t the said Company had then four Ships called the Great James the Ionas the Star and the Eagle and two Pinaces called the Spy and the Scout the said Ships and Pinaces with their Victuals Store and Ordnances were of the value of Fifty four thousand pounds and more laden with Lead Cloth and other Merchandise in them to the value of Twenty thousand pounds and more and having in them also about Thirty thousand pounds in Royals of Spanish money in all One hundred thousand pounds and more These Ships and Pinnaces were well near ready to set sail for a Voyage into the East-Indies by the first day of March in the One and twentieth year of his said late Majesties reign and he well-knowing how great a hinderance it would be to the said Company if the said Ships and Pinnaces should be stayed for any long time the rather in regard if they did not set sail about that time of the year or within Twenty days after they had utterly lost their voyage for that year the reason thereof dependeth upon a Secret of Winds called the Man-sounds which are constantly six moneths Easterly and six moneths Westerly every year at their set times in those parts of Africa about the Cape of Bona Speranza for of those Winds all Ships going from hence into the East-Indies are to make their use in the usual and due time which yet cannot be done if men take not their opportunity by coming to the Cape in their proper and due season and in so long and dangerous a voyage wherein the Equinoctial Line is twice to be passed it is no good discretion to stay the utmost time in going from hence in confidence of fair Winds but rather to take time enough before-hand for fear of the contrary Nor can the Lord Admiral of England who is Custos marium domini Regis and hath jurisdiction of all Foreign parts super altum mare be admitted to pretend himself ignorant of this Secret or of any other particulars belonging to the Seas and Voyages The Duke therefore apprehending and well weighing how great a hinderance or rather what an absolute loss it would be to the company if these their Ships and Pinnaces of so great value and bound forth in so instant and difficult a voyage should be stayed for any long time now they were ready to set sail and the season of going upon point to expire The said Duke upon the said First day of March 1623. to effect his designs upon the said Company and to get that by circumvention and surprisal which in a legal and due course of Justice he had not hopes to obtain Not thinking it sufficient that the sense of his displeasure lying over the Company as an ominous cloud threatning a storm if they did not appease him by some great sacrifice and to cast them yet further into a farther streight not sparing to abuse your Lordships in Parliament by making you unwilling Instruments to give colour and advantage to his secret and unlawful practises Upon the said First day of March he put your Lordships sitting in Parliament in minde touching the great business likely to ensue upon dissolution of the then Treaties with Spain and that a speedy resolution thereof was necessarily required for that the Enemy would pretermit no time and if we should lose the benefit of that Spring he said it would be irrevokable and thereupon he took occasion to move that House Whether he should make stay of any shipping that were then in the Ports as being High Admiral he might and namely the said Ships prepared for the East-Indian Voyage which were of great burthen well furnished and fit to guard our own Coasts Which motion was generally approved of the whole House knowing nothing of the Dukes secret designs and private intentions And the same day a Motion was made amongst the Commons in Parliament to the same effect by Sir Edward Seymour Knight the Vice-Admiral to the Duke of the County of Devon which in respect of the time when and person by whom it was propounded is very suspitious that it issued all from one Spirit and that he was set on by the Duke or some of his Agents the truth whereof your Lordships may be pleased to search out and examine as you shall see cause By colour of this Order of the Lords House of Parliament the Duke caused Iohn Pexal Marshal of the Admiralty to make stay to be made of the said Ships and Pinnaces howbeit notwithstanding all the occasion pretended for the defence of the Realm there were not any other Ships staid at this time The Company perceiving by the course of things from whence their Evils moved upon the Fifth of March 1623. became earnest Suitors to the said Duke for a Releasement of their said Ships and Pinnaces whereunto the said Duke replied That he had not been the cause of their stay but having heard the Motion in the Lords House he could do no less then order as they had done Yet to incline his ends and put them in some hope of favor by his means he told them withal That he had something in his Pocket that might do them good and willed them to set down what Reasons they would for their Suit and he would acquaint the House therewith Nevertheless about this time he presumed of himself at Theobalds to give leave for the Ships and Pinnaces to fall down as far as Tilbury there to attend such further Directions as should be given unto them with leave so to signifie by word of mouth to the Serjeant of the Admiralty for that the Duke had then no Secretary with him Thus some while by threatning of strong oppositions and terrors and other while by intimating hopes of favor and good assistance the Duke sought to accomplish his purpose yet prevailed not and so the Tenth of March 1623. the Kings Advocate Mr. Dr. Reeves as Advocate for the King and Lord Admiral made Allegation in the Admiralty on the Dukes behalf and by his procurements that it appeared by Examinations there taken that 150000 l. and more Pyrattically taken by the said Captain Blith and Wedel and their Complices upon the Sea
memory did procure of the said King the Office of High Treasurer of England to the Lord Vicount M. now Earl of M. Which Office at his procurement was given and granted accordingly to the Lord Vicount M. And as a Reward for the said procurement of the same Grant he the said Duke did then receive to his own use of and from the said Lord Vicount M. the sum of 20000 l. of lawful money of England And also in or about the moneth of Ianuary in the sixteenth year of the Reign of the said late King did procure of the said late King of famous memory the Office of Master of the Wards and Liveries to and for Sir L. C. afterward Earl of M. which Office was upon the same procurement given and granted to the said Sir L.C. And as a reward for the same procurement he the said Duke had to his own use or to the use of some other person by him appointed of the said Sir L.C. the sum of Six thousand pounds of lawful money of England contrary to the Dignity of our Soveraign Lord the King and against the duty that should have been performed by the said Duke unto him These as also the Eleventh Article were enlarged and aggravated by Mr. Pym in this manner My Lords ALthough I know that I shall speak to my own disadvantage yet I shall labor to speak with as little disadvantage to the matter as I can I have no learning or ornament whereby I might shew my self and I shall think it enough plainly to shew the matter For all that I aim at is that I may lose nothing of the Cause And therefore my Lords I shall apply my self with as much convenient brevity as one that knows that your Lordships time is much more precious then my words Your Lordships being such Judges as will measure things by true and natural proportions and not by the proportion of the action or expression The first entrance into my service must be reading the Articles My Lords This Charge for matter of Fact is so notorious and apparent that it needs no proof that these Honors have been procured And therefore I will only insist upon the Consequence First I will shew That by this fact the Duke hath committed a great Offence And secondly That this Offence hath produced a great Grievance to the Commonwealth And I will conclude in strengthening the whole by some Presidents of former times that Parliaments have proceeded in that course in which your Lordships are like to proceed First to prove it a fault or an offence I must prove that there was a duty for every fault presupposeth a duty And in this case the first work is to shew that the Duke was bound to do otherwise For which I need to alleage nothing else then that he is a sworne Servant and Counsellor to the King and so ought to have preferred his Majesties honor and service before his own pride in seeking to Ennoble all that Blood that concerned him And it is not enough to say that it is not questionable For there have been Great men questioned in the like cases There be some Laws made that are particular according to the temper and occasions of several States There are other Laws that be coessential and collateral with Government and if those Laws be broken all things run to disorder and confusion Such is that Rule observed in all States of suppressing Vice to encourage Vertue by apt Punishment and Rewards And this the fittest Law to insist upon in a Court of Parliament when the Proceedings are not limited either by the Civil or Common Laws but matters are adjudged according as they stand in opposition or conformity with that which is suprema lex Salus populi 2. By this late Law whoever moves the King to bestow Honor which is the greatest reward binds himself to make good a double proportion of Merit in that Party who is to receive it The first of value and excellence the second of continuance and durableness And as this Honor sets men up above others so they should be eminent in vertue beyond others As it is perpetual not ending with their persons but descending upon their posterity so there ought to be in the first root of this Honor some such active merit in the service of the Commonwealth as might transmit a vigorous Example to his Successors whereby they may be raised to an Imitation of the like Vertues He said he would for bear to urge this point further out of a modest respect to those persons whom it did collaterally concern professing his Charge to be wholly against the Duke of Buckingham 3. From the consideration of Honor together with the price of Money The which being compared together may be reduced to two heads may it please your Lordships The one being earthly and base may be bought with a proportionable price of white and red earth Gold and Silver The other which is spiritual which is sublime to which Money cannot be a proportionable price Honor is transcendent in regard it was held a sacred and divine thing insomuch that there was a Temple dedicated to her by the Romans And so I conclude by prescription that Honor is a divine thing for the Scripture calls Kings Gods and then those that are about Kings must needs be resembled to those Powers and Principalities that attend next to the Throne And if Honor be such a divine thing it must not then be bought with so base a price as Money 4. Lastly Honor is a Publick thing it is the reward of Publick Deserts And thus your Lordships have seen that the sale of Honor is an offence unnatural against the Law of Nature Now what an offence this is your Lordships may discern considering the kinds of the offence and the Adjuncts which I now fall upon 1. It extremely deâ—lowers the Flowers of the Crown for it makes them cheap to all beholders 2. It takes from the Crown the most fair and frugal Reward of deserving Servants For when Honor comes to be at so mean a rate as to be sold there is no Great man will look after it 3. It is the way to make a man more studious for lucre and gain then of sufficiencie in Vertue when they know that they shall be preferred to Titles of Honor according to the heaviness of purse and not for the weightiness of their merit 4. It introduceth a strange confusion mingling the meaner with the more pure and refined metal 5. Lastly It is a prodigious scandal to this Nation as the House of Commons think For Examples and Presidents I am confident there are none and your Lordships can look for none because it is not parallel'd to any President But certainly it is now a fit time to make a President of this man this great Duke that hath been lately raised to this transcendent height in our Sphere who thinketh he cannot shine enough unless he dim your Lordships Honors in
Scotland and Ireland and they will tell you Sejanus pride was so excessive as Tacitus saith he neglected all Councel mixed his businesses and service with the Prince seeming to confound their Actions and was often stiled Imperatoris laborum socius How lately and how often hath this Man commixed his Actions in Discourses with ACtions of the Kings My Lords I have done you see the Man onely this which was conceived by the Knights Citizens and Burgesses should be boldly by me spoken That by him came all these evils in him we finde the Cause and on him we expect the Remedies and to this we met your Lordships in Conference to which as your Wisdom invites us so we cannot doubt but in your Lordships Wisdom Greatness and Power we shall in due time finde Judgment as he deserves I conclude by presenting to your Lordships the particular Censure of the Bishop of Ely reported in the 11 Rich. 1. and to give you a short view of his faults He was first of all noted to be Luxurious secondly He married his own Kinred to Personages of highest rank and places thirdly No mans business was done without his help fourthly He would not suffer the Kings Council to advise in Matters of State fifthly He grew to such a height of Pride that no man was thought worthy to speak unto him and lastly His Castles and Forts of Trust he did obscuris ignotis hominibus tradere his doom was this Per totam insulam publicè proclamatur periat qui perdere cuncta festinat opprimatur ne omnes opprimat Sir Dudley Diggs having made the Prologuâ— and Sir Iohn Elliot the Epilogue in the Impeachment of the Duke they were both by the Kings Command committed to the Tower Upon the Impeachment of the Duke a Paper was privately conveyed to the King importing THat this great opposition against the Duke was stirred up and maintained by such as seek the destruction of this free Monarchy Because they finde it not yet ripe to attempt against the King himself they endeavor it through the sides of the Duke The persons agreeing in this one mischeif are of divers sorts and humors First Medling and busie persons who love popular Speeches Secondly Govetous Landlords Inclosers Depopulators c. who being of the Parliament ease themselves in Subsidies and lay it on the true Commons and cry out the grievances are caused by the Duke Thirdly Recusants who hate the Duke for the breach of the Spanish Match Fourthly Persons indebted who by priviledge of Parliament avoid payment Fifthly Puritans and Sectaries though two of them scarcely agree in what they would have Haters of Government and would have the Kings power extinguished in matters Ecclesiastical and limited in Civil Sixtly Male-contents who look upon the Duke with an evil eye because themselves are not preferred Seventhly Lawyers who are very fit in Parliaments to second any Complaint against â—oth Church and King and all his Servants with their Customs Antiquities Records Statutes Presidents and Stories Eighthly Merchants and Citizens who deceive the King of Custom Ninethly Innovators Plebicolae That since the time of Henry the Sixth these Parliamentary discoursings might never be suffered as being but certain symptomes of Subsequent Rebellions Civil Wars and the dethroning of our King and no one Patriot daring to oppose them least he incur the reputation of a Fool or Coward in his Countreys Cause His Majesty therefore strengthned himself ever with some Favorite as whom he might better trust then many of the Nobility tainted with this desire of Oligarchy It behoveth without doubt his Majesty to uphold the Duke against them who if he be but decourted it will be the Corner Stone on which the demolishing of his Monarchy will be builded For if they prevail with this they have hatched a thousand other demands to pull the Feathers of Royalty They will appoint him Counsellors Servants Alliances Limits of Expences and accompt of his Revenue cheifly if they can they will now dazle him in the beginning of his raign Lastly King James and King Charls are the Dukes Accusers in all the Aspersions that are laid upon him King James for the Money destined for the Wars in his time spent in Treaties c. And his Majesty can testifie for the things done in his time And all these though actions of the King are imputed to the Duke Who if he suffer for obeying his Soveraign the next attempt will be to call the King to accompt for any thing he undertakes which doth not prosperously succeed as all men would desire it If it please his Majesty to remove and set aside all these disadvantages he shall find the Charge against the Duke very empty and of small moment And if his Majesty and the Dukes Grace think it no impeachment to their Honors all that the Parliament hath objected against the Duke except two or three things that may receive an Answer is pardoned at the Kings Coronation which benefit every poor Subject enjoyeth May 11. The King came to the Parliament and spake to the House of Peers as followeth My Lords THe cause and onely cause of my coming to you this day is to express the sense I have of all your Honors for he that toucheth any of you toucheth me in a very great measure I have thought fit to take order for the punishing some insolent speeches lately spoken I have been too remiss heretofore in punishing such speeches as concern my self Not that I was greedy of their monies but that Buckingham through his importunity would not suffer me to take notice of them lest he might be thought to have set me on and that he might come the forwarder to his Trial. And to approve his innocencie as touching the matters against him I my self can be a Witness to clear him in every one of them I speak not this to take any thing out of your hands but to shew the reason why I have not hitherto punished those insolent speeches against my self And now I hope you will be as tender of my Honor when time shall serve as I have been sensible of yours And so his Majesty was pleased to depart The same day this following Message was brought from the Commons to the Lords by Sir Nathanael Rich. THe Commons taking into serious consideration the many mischiefs and inconveniences which this renowned Kingdom doth now suffer threatening apparent danger to the King and Common-wealth have by search and disquisition into the Causes thereof found that they do principally flow from the exorbitant power and abusive carriage of the Duke of Buckingham whereof he hath this Parliament béen impeached before their Lordships by the Commons besides an accusation of a Péer in their own House who hath charged him as they are informed of High Treason They therefore with one voice make an entire Declaration That they hold it a thing of dangerous Consequence both for the present and future times that a man of so
likewise besides his Charge That he brake off ambiguously and abruptly with a Sentence of Cicero as if something else might be which was not yet discovered Sir Iohn Elliot thanked the Vice-Chamberlain for dealing so plainly with him and giving him occasion to clear himself And to the particular charged against him he answered First considering the Dukes plurality of great and different Offices together with his deceit and fraud in perswading the Merchants to go to Diep there to entrap them in colouring the Designs to the King which he had plotted to serve against those of his Religion in abusing the Parliament at Oxford and disguising his purpose as if the ships were to go to Rochel These particulars being so various and of such a nature he called by the name of Stellionatus from a beast discoloured uncertain and doubtfull that they knew not by what name to call it or by what colour to describe it and these he called a Character of the minde because they lie in the heart and were deceits to abuse the King and Parliament Secondly as to his saying He knew not the ships were come he answered he did not know it then and as yet he knew it not though it was true that he had heard it Thirdly he denied not that speaking of the Duke he sometimes used this word that man though at other times he was not wanting to give him his due titles and said That the Latines speaking of Caesar call him Ille Caesar and that the same is usual in all Languages nor did he think the Duke to be a God Fourthly he conâ—â—ssed That he paralleled him with the Bishop of Ely and Sejanus and though there were many particular censures of that Bishop yet he produced none but such as were within the compass of his Charge nor did he apply the Veneries and Venefices of Sejanus to the Duke but excluded them Lastly touching the Physick of the King he said he brake off so abruptly in aggravation of the Dukes offence who not content with the injury of Justice the wrong of Honor the prejudice of the State nor that of the Revenue his attempts go higher even to the person of the King making on that his practice in such a manner to such an effect that he said he feared to speak nay he doubted to think in which regard he left it as Cicero did another thing Ne gravioribus c. It was then resolved on the Question That Sir Iohn Elliot hath not exceeded the Commission given him in any thing that passed from him in the late Conference with the Lords The like for Sir Dudley Diggs both passed without a Negative the like Vote did pass for Mr Selden Mr Herbert Mr Glanvile Mr Sherland Mr Pym and Mr Wandesford who were also managers at that Conference The King in the time of this Parliament had committed the Earl of Arundel to the Tower but the cause of his Commitment was not expressed yet it was conceived to be about the Marriage of the Lord Maltravers the Earls eldest son to the young Duke of Lenox his sister which was brought about by the contrivance of the Countess of Arundel and the old Dutchess of Lenox The Lords were highly discontented at his commitment in time of Parliament concerning whose Liberties and their own Priviledges they had presented several Petitions to his Majesty but receiving no satisfactory answer thereto agreed on this ensuing Petition occasioned by the release of Sir Dudley Diggs May it please your Majesty THe cause that moves us now to attend your Majesty as at first we did is because we observe that the House of Commons have speedily received a Member of theirs who was committed We the Peers ambitious to deserve of your Majesty and to appear to the eye of the world as much respected in our Rights and Priviledges as any Peers or Commons have ever been acknowledging you a King of as much goodness as ever King was do now humbly beseech that the Earl of Arundel a Member of our House may be restored to us it so much concerning us in point of Priviledge that we all suffer in what he suffers in this Restraint In March last when the Earl of Arundel was committed the House of Lords purposed to take the same into their considerations and so to proceed therein as to give no just cause of offence to his Majesty and yet preserve the Priviledges of Parliament The Lord Keeper of the Great-Seal thereupon signified unto the House that he was commanded to deliver this Message from his Majesty unto their Lordships viz. That the Earl of Arundel was restrained for a misdemeanor which was personal to his Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament Whereupon the House was put into a Committee and being resumed The Lords Committees for Priviledges c. were appointed to search for Presidents Concerning the commitment of a Peer of this Realm during the time of Parliament and the Lord Chief Justice Mr Justice Doderidge and Mr Justice Yelverton were appointed to attend their Lordships in that behalf The day following the Lord Teasurer delivered another Message from the King in haec verba WHereas upon a Motion made by one of your Lordships the Lord Keeper did yesterday deliver a Message from his Majesty that the Earl of Arundel was restrained for a misdemeanor which was personal to Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament His Majesty hath now commanded him to signifie to your Lordships that he doth avow the Message in sort as it was delivered to have been done punctually according to his Majesties own Direction and he knoweth that he hath therein done justly and not diminished the Priviledges of that House And because the Committee appointed yesterday to search for Presidents c. had not yet made any Report to the House therefore the directions for this business were suspended for that time Not long after the Earl of Hertford made report to the House That the Lords Committees for Priviledges met on Monday last The first Question that arose amongst them was Whether those Proxies were of any validity which are deputed to any Peer who sitteth not himself in Parliament And it was conceived that those Votes were lost Whereupon the Committee found this House to be deprived of five suffrages by the absence of the Earl of Arundel unto whom they were intrusted And the Committee finding by the Journal Book that the Sub-Committee which was appointed to â—earch Presidents for Priviledges concerning the Commitment of a Peer in the time of Parliament had not yet made report to the House and then considering together their Notes of Presidents whereof they had made search found That no one Peer had been committed the Parliament fitting without trial of Judgement of the Peers in Parliament and that one only President of the Bishop of Winchester
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
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
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
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
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
and ought not to be denied and is directeâ— to the Keeper of the Prison in whose custody the Prisoner remains commanding him that after a certain day he bring in the body of the Prisoner cum causa detentionis and sometimes cum causa captionis and he with his return filed to the Writ bringeth the Prisoner to the Bar at the time appointed and the Court judgeth of the sufficiency or insufficiency of the retuâ—n and if they finde him baylable committitur Marescallo the proper Prison belongeth to the Court and then afterward traditur in ball But if upon the return of the Habeas Corpus it appear to the Court that the Prisoner ought not to be bayled nor discharged from the Prison whence he is brought then he is remanded and sent back again to continue till by due course of Law he may be delivered and the entâ—y of this is remittitur quousque secundum legem deliberatus fuerit or remittitur quousque c. which is all one and the highest award of Judgement that ever was or can be given upon a Habeas Corpus Your Lordships have heard the resolution of the House of Commons touching the enlargement of a man committed by the command of the King or the privy Councel or any other without cause shewed of such commitment which resolution as it is grounded upon Acts of Parliament already shewen the reason of the Law of the Land being committed to the charge of another to open unto unto you so it is strengthened by many Precedents of Records He then produced twelve Precedents full and directly in the point to prove that persons so committed ought to be delivered upon bayl which were distinctly opened and read to their Lordships then he also offered to their consideration other kind of Precedents which were solemn resolutions of Judges things not of Record but yet remain in Authentick Copies which Precedents and Authorities we omit for the length thereof He then proceeded and said The House of Commons desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the 34. year of the Queen cited in the case of Sir Iohn Heveningham by the Kings Councel as Arguments against his not being bayled have got into their hands a Book of select Cases collected by the reverend and learned Judge Chief Justice Anderson all written with his own hand which he caused to be read being the same which hath been already mentioned in the Collections of this Parliament which Precedents saith he do fully resolve enough for the maintenance of the ancient and fundamental point of Liberty of the Person to be regained by Hab. Corp. when any is imprisoned Then he concluded that having thus gone through the charge committed to him by the House of Commons he should now as he had leave and direction given him lest their Lordships should be put to much trouble and expence of time in finding and getting Copies at large of those things which he had cited offer also to their Lordships Authentick Copies of them all and so left them and whatever else he had said to their Lordships further consideration LAst of all Sir Edward Cook took up the Argument as to the rational part of the Law and began with this Introduction Your Lordships have heard 7. Acts of Parliament in point and 31. Precedents summarily collected and with great understanding delivered which I have perused and understand them all throughly 12. of the Precedents are in terminis terminantibus a whole Jury of Precedents and all in the point I am much transported with joy because of the hope of good success in this weighty business your Lordships being so full of Justice and the very Theme and Subject doth promise success which was Corpus cum cansa the freedom of an English man not to be imprisoned without cause shewn which is my part to shew and the reason and the cause why it should be so wherein I will not be prolix nor copious for to guild Gold were idle and superfluous And after he had cleared some doubts made of the Statute of Westminster which saith That the Sheriffs and others in some cases may not replevin men in Prison he proceeded further and said That all those Arguments offered unto your Lordships in this last conference are of a double nature 1. Acts of Parliament 2. Judicial Precedents For the first I hold it a proper Argument for your Lordships because you my Lords temporal and you my Lords spiritual gave your assent unto those Acts of Parliament and therefore if these cannot perswade you nothing can For the second which are Judicial Precedents it is Argumentum ab authoritate and Argumentum ab authoritate valet affimative that is I conceive though it be no good Argument to say negatively the Judges have given no opinion in the point 3. It is good Law which I fortifie with a strong Axiome Neminem oportet sapientiorem esse legibus Now these two arguments being so well pressed to your Lordships by my Colleagues I think your Lordships may wonder what my part may be it is short but sweet it is the Reason of all those Laws and Precedents and Reason must needs be welcome to all men for all men are not capable of the understanding of the Law but every man is capable of Reason and those Reasons I offer to your Lordships in affirmance of the antient Laws and Precedents made for the Liberty of the Subject against Imprisonment without cause expressed 1. A re ipsa 2. A minore ad majus 3. From the remedies provided 4. From the extent and universality of the same 5. From the infiniteness of the time 6. A Fine The first general Reason is a re ipsa even from the nature of Imprisonment ex visceribus causae for I will speak nothing but ad idem be it close or other Imprisonment and this Argument is three-fold because an imprisoned man upon will and pleasure is 1. A Bond-man 2. Worse then a Bond-man 3. Not so much as a man for mortuus homo non est homo a Prisoner is a dead man 1. No man can be imprisoned upon will and pleasure of any but he that is a Bond-man and villain for that Imprisonment and Bondage are Propria quarto modo to villains now Propria quarto modo and the species are convertible Whosoever is a Bond-man may be imprisoned upon will and pleasure and whosoever may be imprisoned upon will and pleasure is a Bondman 2. If free men of England might be imprisoned at the will and pleasure of the King or his commandment then were they in worse case then Bondmen or villains for the Lord of a villain cannot command another to imprison his villain without cause as of disobedience or refusing to serve as it is agreed in the year books And here he said that no man should reprehend any thing that he said out of Books or Records he said he would prove
a free man imprisonable upon command or pleasure without cause expressed to be absolutely in worse case then a villain and if he did not make this plain he desired their Lordships not to believe him in any thing else and then produced two Book Cases 7. Edw. 3. fol. 50. in the new print 348. old print A Prior had commanded one to imprison his villain the Judges were ready to bayl him till the Prior gave his reason that he refused to be Bayliff of his Manour and that satisfied the Judges 2d Case 33. Edw. 3. title Tresp 253. in Faux imprisonment it was of an Abbot who commanded one to take and detain his villain but demanded his cause he gives it because he refused being thereunto required to drive his Cattel Ergo free men imprisoned without cause shewn are in worse case then villains that must have a cause shewn them why they are imprisoned 3. A Free man impisoned without cause is so far from being a Bondman that he is not so much as a man but is indeed a dead man and so no man imprisonment is in Law a civil death perdit domum familiam vicinos patriam and is to live amongst wretched and wicked men Malefactors and the like And that death and imprisonment was the same he proved by an Argument ab effectis because they both produce the like immediate effects he quoted a Book for this If a man be threatned to be killed he may avoid seoffment of Lands gifts of goods c. so it is if he be threatned to be imprisoned the one is an actual the other is a civil death And this is the first general Argument drawn a re ipsa from the nature of imprisonment to which res ipsa consilium dedit The second general Reason he took also from his books for he said he hath no Law but what by great pains and industry he learnt at his book for at ten years of age he had no more Law then other men of like age and this second reason is a minore ad majus he takes it from Bracton Minima poena corporalis est major qualibet pecuniaria But the King himself cannot impose a fine upon any man but it must be done judicially by his Judges per justitiarios in Curia non per regem in Camera and so it hath been resolved by all the Judges of England he quoted 3. R. 2. fo 11. The third general Reason is taken from the number and diversity of remedies which the Laws give against imprisonment Viz. Breve de homine replegiando De odio atia De Habeas Corpus An appeal of Imprisonment Breve de manucaptione The latter two of these are antiquated but the Writ De odio atia is revived for that was given by the Statute of Magna Charta Cha. 26. and therefore though it were repealed by Statute of 42. E. 3. by which it is provided that all Statutes made against Magna Charta are void now the Law would never have given so many remedies if the free men of England might have been imprisoned at free will and pleasure The fourth general Reason is from the extent and universality of the pretended power to imprison for it should extend not onely to the Commons of this Realm and their Posterities but to the Nobles of the Land and their progenies to the Bishops and Clergy of the Realm and their Successors And he gave a cause why the Commons came to their Lordships Commune periculum commune requirit auxilium Nay it reacheth to all persons of what condition or sex or age soever to all Judges and Officers whose attendance is necessary c. without exception and therefore an imprisonment of such an extent without reason is against reason The fifth general Reason is drawn from the indefiniteness of time the pretended power being limited to no time it may be perpetual during life and this is very hard to cast an old man into prison nay to close prison and no time allotted for his coming forth is a hard case as any man would think that had been so used And here he held it an unreasonable thing that a man had a remedy for his Horse or Cattle if detained and none for his body thus indefinitely imprisoned for a Prison without any prefixed time is a kinde of Hell The sixth and last Argument is a Fine and sapiens incipit a Fine and he wisht he had begun there also and this Argument he made three-fold Ab honesto This being less honourable Ab utili This being less profitable A tuto This Imprisonment by will and pleasure being very dangerous for King and Kingdom 1. Ab honesto It would be no honour to a King or Kingdom to be a King of Bond-men or Slaves the end of this would be both Dedecus Damnum both to King and Kingdom that in former times hath been so renowned Ab utili It would be against the profit of the King and Kingdom for the execution of those Laws before remembred Magna Charta 5. Ed. 3. 25. Ed. 3.28 Ed. 3. whereby the King was inhibited to imprison upon pleasure You see quoth he that this was vetus querela an old question and now brought in again after seven Acts of Parliament I say the execution of all these Laws are adjudged in Parliament to be for the common profit of the King and People and he quoted the Roll this pretended power being against the profit of the King can be no part of his Prerogative He was pleased to call this a binding Reason and to say that the wit of man could not answer it that great men kept this Roll from being Printed but that it was equivalent in force to the printed Rolls 3. A Reason a tuto It is dangerous to the King for two respects first of loss secondly of destroying of the endeavors of men First if he be committed without the expression of the cause though he escape albeit in truth it were for treason or felony yet this escape is neither felony nor treason but if the cause be expressed for suspicion of treason or felony then the escape though he be innocent is treason or felony He quoted a Cause in print like a reason of the Law not like Remittitur at the rising of the Court for the Prisoner traditur in ballium quod breve Regis non fuit susficiens causa The Kings Command He quoted another famous Case Commons in Parliament incensed against the Duke of Suffolk desire he should be committed The Lords and all the Judges whereof those great Worthies Prescot and Fortescue were two delivered a flat opinion that he ought not to be committed without an especial Cause He questioned also the name and etymologie of the Writ in question Corpus cum causa Ergo the Cause must be brought before the Judge else how can he take notice hereof Lastly he pressed a place in the Gospel Acts 25. last verse which Festus conceives is an
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort and strong hopes that this will prove as happy a Parliament as ever was in England And in their Consultations for the service of his Majesty and the safety of this Kingdom our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great wisdoms they doubt not have considered a great Body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient Order of their House But it is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded cannot but work in our hearts and we will faithfully report these Passages to our House from whence in due time we hope your Lordships shall receive a contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
things better yet certainly the state and condition of the several parts for which we serve their dispositions and inclinations their apprehensions their fears and jealousies are best known unto us and here I pray your Lordships to give me leave to use the Figure called Reticentia that is to insinuate and intimate more then I mean to speak Our chief and principal end in this Parliament is to make up all Rents and Breaches between the King and his Subjects to draw them and knit them together from that distance whereof the world abroad takes too much notice to work a perfect union and reconciliation how unproperly and unapt at this time this Addition will be in respect of this end we cannot but foresee and therefore shun it and do resolve that it is neither agreeable to the Persons of such Counsellors of whom we are nor answerable to that Love and Duty which we owe to his Majesty to hazard an end of such unspeakable consequence upon the admittance of this Addition into our Petition whereof as we have shewed the omission at this time can by no means harm the Kings Prerogative the expression may produce manifold inconveniences and therefore since this admittance of your Lordships Addition into our Petition is incoherent and incompatible with the body of the same since there is no necessary use of it for the saving of the Kings Prerogative since the moderation of our Petition deserveth your Lordships cheerful conjunction with us since this Addition is unseasonable for the time and inconvenient in respect of the place where your Lordships would have it inserted and lastly may prove a disservice to his Majesty I conclude with a most affectionate Prayer to your Lordships to conclude with the House of Commons in presenting this Petition to his Sacred Majesty as it is without this Addition Monday 26. of May The Lord Keeper made this Speech at a Conference Gentlemen YE that are Knights Citizens and Burgesses of the House of Commons I have many times this Parliament by Command from my Lords declared the great zeal and affection which my Lords have to maintain and nourish the good Concurrence and Correspondency which hath hitherto continued between both Houses that there might be a happy issue in this great business for the common good of the King and Kingdom Now that which I have to say this day from my Lords is to let you know this fair proceeding is not a profession of words onely but really and indeed concerning the Petition which hath been long in agitation as the weight of the cause required since the last Conference my Lords have taken it into their serious and instant consideration and at length are faln upon a Resolution which I am to acquaint you with The Lords have unanimously agreed with you in omnibus and have voted that they will joyn with you in your Petition with the onely alterations of the word means to be put in stead of the word pretext and for the word unlawful to be put out and in place thereof to adde not warrantable by the Laws and Statutes of the Realm which two alterations your selves consented unto So that concerning this business there remains nothing now but that ye having the Petition in your hands will if ye have not already vote it as they have done and so prepare it for his Majesty and my Lords will take order that the King be moved for a speedy access to present the same to his Majesty And after some pause he said There rests one thing which my Lords have commanded me to adde that in regard this Petition toucheth upon certain Charges raised by the Lords Lieutenants and other Persons many times for good use for the service and safety of the Kingdom That ye take it into your Care and Consideration and to provide a Law for assessing of such Charges as the occasion of the time shall require The Lords and Commons being thus happily accorded the Petition with the aforesaid amendments was read in the House two several times together Then it was Voted upon question and that it should be ingrossed and read the third time and the House to sit in the afternoon till it was ingrossed and read and ordered to be presented to the King to which there was not a negative Vote And the Bill of Subsidie was also read the second time and committed Wednesday 28 May the Lords and Commons had a Conference about the maner of delivery of the Petition and Sir Edward Cook reported That their Lordships were agreed that no Addition or Preface be used to the King but that the Petition be preferred to his Majesty by command of the Lords and Commons and his Majesty be desired that to the content of his People he would be pleased to give his gracious Answer in full Parliament About this time Mr. Rouse brought in a Charge against Doctor Ed. Manwaring which some days after was seconded with a Declaration Mr. Speaker I Am to deliver from the Committee a Charge against Mr. Manwaring a Preacher in Divinity but a man so Criminous that he hath turned his Titles into Accusations for the better they are the worse is he that dishonors them Here is a great Charge that lies upon him it is great in it self and great because it hath many great Charges in it Serpens qui serpentem devorat fit draco his Charge having digested many Charges into it becomes a Monster of Charges The main and great one is this Plot and Practise to alter and subvert the Frame and Fabrick of this Estate and Commonwealth This is the great one and it hath others in it that gives it more light To this end 1. He labors to infuse into the Conscience of his Majesty the perswasion of a power not bounding it self with Laws which King James of famous Memory calls in his Speech to the Parliament Tyranny yea Tyranny accompanied with Perjury 2. He endeavors to perswade the Conscience of the Subjects that they are bound to obey Commands illegal yea he damns them for not obeying them 3. He robs the Subjects of the propriety of their Goods 4. He brands them that will not lose this propriety with most scandalous Speeches and odious Titles to make them both hateful to Prince and People so to set a division between the Head and the Members and between the Members themselves 5. To the same end not much unlike to Faux and his fellows he seeks to blow up Parliaments and Parliamentary Powers The fifth being duly viewed will appear to be so many Charges and they make up all the great and main Charge a mischievous Plot to alter and subvert the frame and government of this State and Common-wealth And now though you may be sure that Mr. Manwaring leaves us no propriety in our Goods yet he hath an absolute propriety in this Charge here himself making up his own Charge Here he read several Passages out of his Book and then
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
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
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
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
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.
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
concerning the Electoral Bonds and to dissolve their League The Protestants in their Answer acknowledged the good will of the Emperor their Cheif and shewed that the Catholicks had oppressed them contrary to the Pacification and having sought Redress in vain they were compelled to use means of preserving Publick Tranquillity according to the Laws That their League and Union consisting onely of Protestant Germans was a known practice in the Empire and not against the Golden Bull and tended not to a separation from his Imperial Majestie but the Catholicks made their League with strangers and declared a stranger cheif over them The Count of Thurne and other Defenders Evangelick with the Estates of Bohemia assembled at Prague to advise of publick safety and conservation of priviledges The Emperor required his Council held at the Castle of Prague to oppose and hinder this Assembly which he said was called to raise Sedition and to plot against his person and Government Nevertheless in all their publick worship the Evangelicks prayed to God to confound the Emperors enemies and to grant him long to live and reign over them in Peace and Justice The Bohemian troubles took their first rise from the breach of the Edict of Peace concerning Religion and the Accord made by the Emperor Rodolph whereby the Protestants retained the free exercise of their Religion enjoyed their Temples Colledges Tithes Patronages places of Burial and the like and had liberty to build new Temples and power to chuse Defenders to secure those Rights and to regulate what should be of service in their Churches Now the stop of building certain Churches on Lands within the Lordships of the Catholick Clergy in which places the Evangelicks conceived a Right to build was the special grievance and cause of Breach On the Twenty third of May the cheif of the Evangelicks went armed into the Castle of Prague entred the Council Chamber and opened their Grievances but inraged by opposition threw Slabata the Cheif Justice and Smesansius one of the Council and Fabritius the Secretary from an high Window into the Castle Ditch others of the Council temporising in this Tumult and seeming to accord with their demands were peaceably conducted to their own houses Hereupon the Assembly took advice to settle the Towns and Castle of Prague with new Guards likewise to appease the people and to take an Oath of Fidelity They chose Directors Governors and Counsellors Provincial to govern affairs of State and to consult of raising forces against the enemies of God and the King and the Edicts of his Imperial Majesty They banished the Iesuits throughout all Bohemia Moreover to defend their own cause and to give an accompt of their late proceedings and present posture a Declaration was drawn up and sent with Letters to the Estates of Moravia Silesia and Lusatia and to all the Princes and States their Allies throughout the Empire with request of aid in case of need They declare to this effect THat they had endured infinite Injuries and Afflictions by certain Officers Ecclesiastick and Civil and by the Iesuits above all others who sought to bring them under the yoke of Popery reviled them with the names of Hereticks heaved them out of places of Dignity provoked the Magistrates to pursue them with Fire and Sword That their Ministers were banished and their Charges given to Roman Catholicks The Senators of Prague who were Evangelicks were evil-intreated and divers persons persecuted for Religion under pretence of Civil Offences And whereas in case of difference touching the Agréement and Edict of Peace the Estates of both parties were to hear and judge their Enemies procured Commands from the Emperor to bear them down before a due hearing Their lawful Méetings to advise and séek redress were declared to be manifest Sedition and Rebellion and themselves threatned with loss of estates and lives This Declaration they sent likewise to the Emperor with a submissive Letter asserting their own Fidelity and praying for the removal of those evil Counsellors that threaten so much danger to his Majesty and his Kingdoms The Emperor herewith was no way pacified but charged them with an evil design required them to lay down Arms and to make no more Levies but to live in peace as becometh faithful Subjects Upon which terms he promised to disband his own Soldiers to forgive what was past and to protect all that will obey him This prevailed nothing but the breach grows wider The Emperor published a Manifesto in Answer to the Apology of the Bohemian States and wrote Letters to the Electors Princes and States of the Empire with high Aggravations of the violence offered at Prague to his principal Officers against Divine and Humane Rights the Constitutions of the Kingdom and the Customs of all Nations without hearing without summoning without any form of Proces yea without giving a moment of time to Repent or make Confession or receive the Sacrament which is never denied to the worst offenders Forthwith a pernicious War and all confusion breaks out The Emperor raised forces under the conduct of divers Commanders of whom the cheif were Count de Buquoy and Count de Ampiere The Evangelicks raised two Armies under Count de Thurne and Count Mansfelt Moravia Silesia and Lusatia with all the Estates Protestant Germans and Neighbors of Bohemia very few excepted assist the Evangelicks with Counsel Men and Money Likewise the Prince of Orange and the States of the United Provinces promised to aid them with their forces The Electors and Princes Protestant favoring the Bohemians whose Countrey the Imperialists destroy with Fire and Sword perswade the Emperor to stop the rage of Civil War the success whereof is doubtful and the end ever miserable The Emperor propounded an Arbitration of these differences by the Elector of Mentz and the Duke of Bavaria Princes Catholicks and by the Electors Palatine and of Saxony Princes Protestants and Pilsen should be the place of Treaty The Evangelicks consent to the Arbitration but dislike the place where the people were wholly Catholicks and followed the Emperors party besides the Directors had designed the besieging of it New Actions of War made the overtures of peace more difficult Several Armies were now raising throughout Bohemia and the Neighboring Provinces As yet the Elector of Saxony stood Neutral the Duke of Bavaria cast in his lot with the Emperor whose estate was then every where imbroiled At this time there appeared a Comet which gave occasion of much discourse to all sorts of men among others a Learned Knight our Countreyman confidently and boldly affirmed That such persons were but abusers and did but flatter greatness who gave their verdict that that Comet was effectual as some would have it or signal as others judge it onely to Africa whereby they laid it far enough from England When this Knight out of the consideration of the space of the Zodiack which this Comet measured the inclination of his
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
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
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
which your self shall discover And you shall advertise me of whatsoever you shall understand the learn governing your self in all occurrents with that wariness and discretion as your zeal to my service doth assure me of These were the Arts of Spain to corrupt divers in the Court of England Buckingham and his Dependants followed the Kings inclinations The Duke of Lenox Marquis Hamilton and William Earl of Pembroke disliking the Kings course did not contest with him but only intimated their dissent It was said of Gondomar That when he returned into Spain he gave in his Account of Disbursments for Pensions given in England amongst others To Sir Robert Cotton 1000 l. a person of great Integrity and one who was ever averse to the House of Austria Which Sir Robert getting notice of by the English Agent then in Spain demanded reparation which was obtained but with a salvo to the Ambassadors honor the error being said to be committed by a Dependent upon the Ambassador and not by himself The King being jealous of uncomptrolled Soveraignty and impatient of his Peoples intermedling with the Mysteries of State had fallen into a great dislike of Parliaments and for many years before had given way to Projects and Monopolies And many of his Ministers perhaps fearing an enquiry into their own actions might suggest to him that he might better furnish himself by those ways and the Match now in treaty then by Subsidies usually accompanied with the redress of Grievances Nevertheless he was now minded to call a Parliament conceiving it might be of special use For he observed the affections of the People to be raised for the Recovery of the Palatinate and then concluded that those affections would open their purses to the supply of his wants and the Treaty with Spain would effect the business without the expence and troubles of War and the good accord between him and his people would quicken the Spaniard to conclude the Match And accordingly Writs were issued forth to assemble them the 30. of Ianuary In the calling of this Parliament he recommended to his Subjects the choice of such Members as were of the wisest gravest and best affected people neither superstitious nor turbulent but obedient Children to this their Mother-Church In the mean while in Germany the Protestant Union continually declined by the gradual falling away of the several partakers The Elector of Saxony reduced the remainder of Lusatia The Province of Moravia upon the approach of Buquoy seeing the Count de Latiere came not in to their succor prayed that they might enjoy their Priviledges in matter of Religion and be received into the Emperors grace and favor which submission was well received at Vienna Likewise the States of Silesia failing of assistance from the Elector Palatine were constrained to make their peace Then the Palatine propounded to the Elector of Saxony an Overture of Peace declaring That he took the Crown upon him to preserve the Protestants in the free exercise of their Religion The Saxon replied That he had no way to make his Peace but to renounce the Kingdom of Bohemia and the Provinces Incorporate and to beg the Emperors pardon Afterwards the Elector Palatine goeth to Brandenburgh and then to Segenburgh where there was an Assembly of Princes and States Protestant to oppose the exploits of Spinola In the mean while Count Mansfield stirs in Bohemia pillages several Towns and the Goods of all those that cryed God save King Ferdinand The relation of England to these affairs of Foreign States had caused a general liberty of discourse concerning matters of State which King Iames could not bear but by Proclamation commanded all from the highest to the lowest not to intermeddle by Pen or Speech with State-concerments and secrets of Empire either at home or abroad which were no fit Themes or Subjects for Vulgar persons or Common meetings On the Thirtieth day of Ianuary the Parliament began to sit and the King came in person and made this Speech MY Lords Spiritual and Temporal and you the Commons Cui multiloquio non deest peccatum In the last Parliament I made long discourses especially to them of the Lower House I did open the true thoughts of my heart but I may say with our Saviour I have piped to you and you have not danced I have mourned and you have not lamented Yet as no mans actions can be free so in me God found some spices of vanity and so all my sayings turned to me again without any success And now to tell the reasons of your calling and this meeting apply it to your selves and spend not the time in long Speeches Consider that the Parliament is a thing composed of a Head and a Body The Monarch and the Two Estates It was first a Monarchy then after a Parliament There are no Parliaments but in Monarchical Governments For in Venice the Netherlands and other Free Governments there are none The Head is to call the Body together And for the Clergy the Bishops are chief for Shires their Knights and for Towns and Cities their Burgesses and Citizens These are to treat of difficult matters and to counsel their King with their best advice to make Laws for the Commonweal And the Lower House is also to petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative They are to offer supply for his Necessity and he to distribute in recompence thereof Justice and Mercy As in all Parliaments it is the Kings office to make good Laws whose fundamental cause is the Peoples ill manners so at this time that we may meet with the new Abuses and the incroaching Craft of the times Particulars shall be read hereafter As touching Religion Laws enough are made already It stands in two points Perswasion and Compulsion Men may perswade but God must give the blessing Iesuites Priests Puritans and Sectaries erring both on the right hand and left hand are forward to perswade unto their own ends and so ought you the Bishops in your example and preaching But Compulsion to obey is to bind the Conscience There is talk of the Match with Spain But if it shall not prove a Furtherance to Religion I am not worthy to be your King I will never proceed but to the glory of God and content of my Subjects For a Supply to my Necessities I have reigned Eighteen years in which time you have had Peace and I have received far less supply than hath been given to any King since the Conquest The last Queen of famous memory had one year with another above a Hundred thousand pounds per annum in Subsidies And in all my time I have had but Four Subsidies and Six Fifteens It is Ten years since I had a Subsidy in all which time I have been sparing to trouble you I have turned my self as nearly to save expences as I may I have abated much in my Household expences in my
Navies in the charge of my Munition I made not choice of an old beaten Soldier for my Admiral but rather chose a Young man whose honesty and integrity I knew whose care hath been to appoint under him sufficient men to lessen my Charges which he hath done Touching the miserable dissentions in Christendom I was not the cause thereof For the appeasing whereof I sent my Lord of Doncaster whose journey cost me Three thousand five hundred pounds My Son in law sent to me for Advice but within three days after accepted of the Crown which I did never approve of for three Reasons First for Religion's sake as not holding with the Jesuites disposing of Kingdoms rather learning of our Saviour to uphold not to overthrow them Secondly I was not Iudge between them neither acquainted with the Laws of Bohemia Quis me Judicem fecit Thirdly I have treated a Peace and therefore will not be a Party Yet I left not to preserve my Childrens Patrimony For I had a Contribution of my Lords and Subjects which amounted to a great sum I borrowed of my Brother of Denmark Seven thousand five hundred pounds to help him and sent as much to him as made it up Ten thousand and Thirty thousand I sent to the Princes of the Union to hearten them I have lost no time Had the Princes of the Union done their parts that handful of men I sent had done theirs I intend to send by way of Perswasion which in this Age will little avail unless a strong hand assist Wherefore I purpose to provide an Army the next Summer and desire you to consider of my Necessities as you have done to my Predecessors Qui cito dat bis dat I will engage my Crown my Blood and my Soul in that Recovery You may be informed of me in things in course of Justice but I never sent to any of my Iudges to give sentence contrary to Law Consider the Trade for the making thereof better and shew me the reason why my Mint for these eight or nine years hath not gone I confess I have been liberal in my Grants but if I be informed I will amend all hurtful Grievances But who shall hasten after Grievances and desire to make himself popular he hath the spirit of Satan If I may know my Errors I will reform them I was in my first Parliament a Novice and in my last there was a kind of beasts called Undertakers a dozen of whom undertook to govern the last Parliament and they led me I shall thank you for your good office and desire that the World may say well of our agreement In this Parliament the Commons presented Sir Tho. Richardson for their Speaker The King minded his former engagements and in the beginning of the Parliament sends Sir Iohn Digby now made Lord Digby into Flanders to the Archduke Albertus to gain a present Cessation from War and to make way for a Treaty of Peace with the Emperor And also about the same time he sent Mr. George Gage to Rome to join with Padre Maestre the Spanish Agent in negotiating the Popes Dispensation The Archduke at Bruxels assented to a Reconciliation in favor of our King and obtained from Marquis Spinola a suspension of all hostility against the Country and Subjects of the Elector Palatine which continued till the death of Archduke Albert who died 17º Iulii following So the Lord Digby returned into England bringing the Cessation of Arms about the same time that Sir Edward Villers brought the Palsgrave's Submission But the Twelve years Peace between Spain and the United Provinces at this time expiring Spinola returned into Flanders and left the Palatinate to the Imperial Forces After the Assembly at Segenburgh the Palatine and his Princess took their journey into Holland where they found a refuge and noble entertainment with the Prince of Orange who gave a high testimony of honor to the Electress at her first arrival for her magnanimous carriage in Bohemia The Ambassage of Weston and Conway prevailed little The Emperor went on in a severe Reformation and frequent Executions among that vanquished people He destroyed most of their antient Laws and made new Ordinances declaring a soveraignty over them not as an Elected King but as a Lord by right of Conquest More Princes of the Union reconcile themselves to the Emperor The Imperial Protestant Towns Strasburgh Worms and Nuremburgh subscribe to Conditions of Peace The reconciled Princes and States intercede for the Elector Palatine but their motion displeased the Emperor who alleadged that the Palatine did not acknowledge his faults nor sue for Pardon but made Levies in Holland and elswhere to renew the War in the Empire For the King of Denmark the United Provinces and divers German Princes did adhere to the Palsgrave's cause and stickle for him But the Princes Confederates being already scattered and the heart of the Union broken Those counsels and enterprises of War on his behalf in stead of repressing the progress of the Austrian party did minister occasion of their more absolute and plenary Conquest But to return to the Parliament in England They petition the King for the due execution of Laws against Jesuites Seminary Priests and Popish Recusants Likewise they take in hand to redress the Peoples Grievances by illegal Patents and Projects and chiefly that of Inns and Alehouses for which there was a great Fine and an Annual Revenue throughout the Kingdom and the Monopoly of Gold and Silver-thread whereby the People were abused with base and counterfeit Wares But the examination of these Abuses was accompanied with the grant of Two Subsidies which was very acceptable to the King Sir Giles Mompesson was convented before the House of Commons for many heinous offences and misdemeanors in this kind to the intolerable grievance of the Subject the great dishonor of the King and the scandal of his Government This Delinquent was committed to prison but he escaped thence and got beyond sea and was pursued by the Kings Proclamation The Commons at a Conference with the Lords offered to prove That the Patents of Gold and Silver-Thread of Inns and Alehouses and of power to Compound for obsolete Laws of the Price of Horse-meat Starch Cords Tobacco-pipes Salt Train-oil and the rest were all illegal Howbeit they touch'd not the tender point of Prerogative but in restoring the Subjects liberty were careful to preserve the Kings honor The Lords resolved to admit no other business till this were ended Hereupon the King came to the House of Lords and there made a Speech MY Lords The last time I came hither my errand was to inform you as well as my memory could serve me of things so long past of the verity of my proceedings and the caution used by me in passing those Letters-Patents which are now in question before you to the effect that they might not be abused in the execution And this I did by way of
received but a slender return of the Lord Digby's Embassie to the Emperor for the restoring of the Elector Palatine But the Emperors full meaning in the business may be found at large in his own Letter to Don Baltazar de Zuniga a prime Councellor of State in Spain to be by him represented to the King his Master to this effect THat beholding the admirable providence of God over him he is bound to use that most notable Victory to the honor of God and the extirpation of all Seditions and Factions which are nourished chiefly among the Calvinists lest that Iudgment which the Prophet threatned the King of Israel should fall upon him Because thou hast dismissed a man worthy of death thy soul shall be for his soul. The Palatine keeps now in Holland not only exiled from the Kingdom which he rashly attempted but despoiled almost of all his own Territories expecting as it were the last cast of Fortune whom if by an impious kind of commiseration and his subtile petitioning he shall be perswaded to restore and nourish in his bosom as a trodden half-living snake what can he expect less then a deadly sting from him who in regard of his guilt can never be faithful but will alway gape for occasions to free himself from his fears and the genius of whose sect will make him an Enemy or an unsound Friend to the House of Austria and all other Catholick Princes Wherefore firmly casting in his minde that the Palatine cannot be restored He hath freely offered the Electorate to the Duke of Bavaria a most eager Defender of the Catholick cause by which means the Empire will always remain in the hand of Catholicks and so by consequence in the House of Austria And in so doing he shall take away all hope from the Palatine and those that sollicite so importunately for his restitution And it is to be hoped that the Lutheran Princes especially the Duke of Saxony will not so far disallow this translation as to take up Arms seeing Charls the Fifth upon a far lighter cause deprived John Frederick Duke of Saxony of the Electorate and conferred it on Maurice this Dukes great Uncle Besides no less is the Lutherans hatred of the Calvinists then of the Catholicks Such were the effects which the Kings Treating had wrought with the Emperor The Parliament that was to meet November the Fourteenth the King by Proclamation adjourned to the Eighth of February and expressed the cause to be the unseasonableness of the time of the year But this long Recess was shortned and the King declared That upon Important Reasons he had altered his former Resolutions and did adjourn it for no longer time then from the Fourteenth to the Twentieth of this instant November Upon which day it Reassembled and the King being absent by reason of his indisposition in health commanded a Message to be delivered to both Houses by the Lord Keeper the Lord Digby and the Lord Treasurer In the first place he acquainted the Two Houses with His Majesties indisposition of health which was the occasion of his absence at the opening of the Parliament yet he could not say he was absent so long as he was represented by a Son who was as dear to the Kingdom as to His Majesty As to the occasion of calling the Parliament by way of Antecedent he took notice of several effects of His Majesties gracious care over the Nation since the last Recess of the Parliament in His Majesties answering several Petitions concerning Trade Importation of Bullion Conservation of Coyn in the Land and prohibiting the Transportation of Iron Ordinance and that His Majesty by His Proclamation reformed Thirty six or thirty seven several matters complained of as Publick Grievances all of them without the least Trucking or Merchandising with the People a thing usual in former times He further said That His Majesty did principally fix the occasion of the calling a Parliament upon the Declaration Recorded and divulged far and near by the Representative Communalty of this Kingdom to assist His Majesty to carry on the War to recover the Palatinate yet withal his Lordship gave an account how His Majesty was since the last Parliament encouraged to travel a little longer in his pious endeavors to procure a peace by way of Treaty and that the Lord Digby was sent Ambassador upon that occasion and since returned but not with such success as was to be hoped for He minded both Houses of one Heroical Act of His Majesties since the last Parliament in the advancement of Forty thousand pounds to keep together a Body of an Army in the Lower Palatinate which otherwise had been dissolved before this Parliament could be assembled And that unless the Parliament take further resolution and imitate rather Ancient then Modern principles and be expeditious in what they do the Army in the Palatinate will fall to the ground And lastly Told them that His Majesty did resolve that this Parliament should continue till seven or eight days before the Festivals and to be renewed again the eighth of Februaâ—â— to continue for the Enacting of Laws and Perioding of things of Reformation as long as the necessity of the State shall require the same After the Lord Keeper had done the Lord Digby having received a Command from His Majesty to that purpose gave a brief account of his Negotiation with the Archduke about the Treaty of Peace how the Archduke consented thereunto and writ accordingly to the Emperor and the King of Spain of his proceedings who also writ to Spinola for a Cessation of Arms the Archduke having the Command of the Spanish forces in Germany but the Duke of Bavaria would not consent thereunto and the Lord Digby informed the two Houses that by the carriage of the Duke of Bavaria and by other circumstances he did evidently discover That from the beginning that Duke affected to get unto himself the Palatinate and the Title of Elector He further declared That if Count Mansfield was not speedily supplied he could not keep his Army together Then he gave an account how bravely Sir Horatio Vere had behaved himself in the Palatinate and that by his wisdom and valor there was kept from the enemy Heidelburg Mainheim and Frankendale the last of which places had then endured a moneths siege He also spoke Honorably of Capt. Burroughs and concluded That the fittest Redress was to furnish and keep up the Army already there which must be done by supplies of Money and more Forces must be prepared against the next Spring that we may have there an Army of our own for the strengthning of the Palatinate and encouragement of the Princes of the Union Then the Lord Treasurer spake and acquainted both Houses how empty the Kings Coffers were and how he had assisted the Palatine and Princes of the Union with great sums which had exhausted his Treasure and that His Majesty was much in debt Nevertheless though the King
declared for War he pursued Peace and resolved to close with Spain hoping to heal the Breach by that Alliance The House of Commons before they granted Subsides resolved to try the Kings Spirit by this Petition and Remonstrance which laid open the distempers of those times with their causes and cures Most Gratious and Dread Soveraign WE Your Majesties most Humble and Loyal Subjects the Knights Citizens and Burgesses now Assembled in Parliament who represent the Commons of Your Realm full of hearty sorrow to be deprived of the Comfort of Your Royal Presence the rather for that it proceeds from the want of Your health wherein we all unfeignedly do suffer In all humble manner calling to minde Your Gracious Answer to our former Petition concerning Religion which notwithstanding Your Majesties Pious and Princely intentions hath not produced that good effect which the danger of these times doth séem to us to require And finding how ill Your Majesties goodness hath béen requited by Princes of different Religion who even in time of Treaty have taken opportunity to advance their own ends tending to the subversion of Religion and disadvantage of Your Affairs and the Estate of Your Children By reason whereof Your ill affected Subjects at home the Popish Recusants have taken too much encouragement and are dangerously increased in their number and in 〈◊〉 insolencies We cannot but be sensible thereof and therefore humbly represent what we conceive to be the causes of so great and growing Mischeifs and what be the Remedies I. The Uigilancy and Ambition of the Pope of Rome and his dearest Son the one aiming at as large a Temporal Monarchy as the other at a Spiritual Supremacy II. The Devillish Positions and Doctrines whereon Popery is built and taught with Authority to their Followers for advancement of their Temporal ends III. The distressed and miserable estate of the Professors of true Religion in Foreign parts IV. The Disasterous accidents to Your Majesties Children abroad expressed with rejoycing and even with contempt of their persons V. The strange Confederacy of the Princes of thâ— Popish Religion aiming mainly at the advancement of theirs and subverting of ours and taking the advantages conducing to that end upon all occasions VI. The great and many 〈◊〉 raised and maintained at the charge of the King of Spain the 〈◊〉 of that League VII The expectation of the Popish Recusants of the Match with Spain and féeding themselves with great hopes of the consequences thereof VIII The interposing of Forein Princes and their Agents in the behalf of Popish Recusants for connivance and favor unto them IX Their open and usual resort to the Houses and which is worse to the Chappels of Foreign Ambassadors X. Their more then usual concourse to the City and their frequent Conventicles and Conferences there XI The education of their Children in many several Seminaries and Houses of their Religion in Forein parts appropriated to the English Fugitives XII The Grants of their just Forfeitures intended by Your Majesty as a Reward of Service to the Grantees but beyond Your Majesties intention transferred or compounded for at such mean rates as will amount to little less then a Toleration XIII The Licentious Printing and dispersing of Popish and Seditious Books even in the time of Parliament XIV The swarms of Priests and Iesuits the Common Incendiaries of all Christendom dispersed in all parts of your Kingdom And from these causes as bitter Roots we humbly offer to Your Majesty That we foresée and fear there will necessarily follow very dangerous effects both to Church and State For I. The Popish Religion is incompatible with ours in respect of their Positions II. It draweth with it an unavoidable dependency on Forein Princes III. It openeth too wide a gap for Popularity to any who shall draw too great a party IV. It hath a restless spirit and will strive by these Gradations if it once get but a connivancy it will press for a Toleration if that should be obtained they must have an equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies against these growing Evils which in all Humility we offer unto Your most Excellent Majesty are these I. That séeing this inevitable necessity is faln upon Your Majesty which no Wisdom or Providence of a peaceable and pious King can 〈◊〉 Your Majesty would not omit this just occasion spéedily and eâ—â—ectually to take Your Sword into Your hand II. That once undertaken upon so honorable and just grounds Your Majesty would resolve to pursue and more publickly avow the aiding of those of our Religion in Forein parts which doubtless would reunite the Princes and States of the Union by these disasters disheartned and disbanded III. That Your Majesty would propose to Your Self to manage this War with the best advantage by a diversion or otherwise as in Your déep judgment shall be found fittest and not to rest upon a War in these parts onely which will consume Your Treasure and discourage Your People IV. That the bent of this 〈◊〉 and point of Your Sâ—â—â—d may be against that Prince whatsoever opinion of potency he hath whose Armies and Treasures have first diverted and since maintained the War in the Palatinate V. That for securing of our Peace at home Your Majesty will be pleased to review the parts of our Petition formerly delivered unto Your Majesty and hereunto annexed and to put in execution by the care of choice Commissioners to be thereunto especially appointed the Laws already and hereafter to be made for preventing of dangers by Popish Recusants and their wonted evasions VI. That to frustrate their hopes for a future age our most Noble Prince may be timely and happily married to one of our own Religion VII That the Children of the Nobility and Gentry of this Kingdom and of others ill-affected and suspected in their Religion now beyond the Seas may be forthwith called home by your means and at the charge of their Parents or Governors VIII That the Children of Popish Recusants or such whose Wives are Popish Recusants be brought up during their Minority with Protestant Schoolmasters and Teachers who may sow in their tender years the Séeds of true Religion IX That Your Majesty will be pleased spéedily to revoke all former Licences for such Children and Youth to travel beyond the Seas and not grant any such Licence hereafter X. That Your Majesties Learned Council may receive Commandment from Your Highness carefully to look into former Grants of Recusants Lands and to avoid them if by Law they can and that Your Majesty will stay Your Hand from passing any such Grants hereafter This is the sum and effect of our humble Declaration which we no ways intending to press upon Your Majesties undoubted and Regal Prerogative do with the fulness of our Duty and Obedience humbly submit to Your most Princely consideration The glory of God whose cause it is
the zeal of our true Religion in which we have béen born and wherein by Gods grace we are resolved to die the safety of Your Majesties person who is the very life of Your people the happiness of Your Children and Posterity the honor and good of the Church and State dearer unto us then our own lives having kindled these affections truly devoted to Your Majesty And séeing out of our duty to Your Majesty we have already resolved to give at the end of this Session one intire Subsidy for the present relief of the Palatinate onely to be paid in the end of February next which cannot well be effected but by passing a Bill in a Parlâ—â—mentary course before Christmas We most humbly beséech Your Majesty as our assured hope is that You will then also vouchsafe to give life by Your Royal Assent to such Bills as before that time shall be prepared for Your Majesties honor and the general good of Your people And that such Bills may be also accompanied as hath béen accustomed with Your Majesties Gracious Pardon which procéeding from Your own méer Grace may by Your Highness direction be drawn to that Latitude and Extent as may best sort with Your Majesties bounty and goodness And that not onely Felons and Criminal Offenders may take benefit thereof but that Your good Subjects may receive ease thereby And if it shall so stand with Your good pleasure That it may extend to the relief of the old Debts and Duties to the Crown before the First year of Your Majesties Reign to the discharge of Alienations without Licence and misusing of Liveries and Oustre le Maine before the first Summons of this Parliament and of concealed Wardships and not suing of Liveries and Oustre le Maines before the Twelfth year of Your Majesties Reign Which gratious Favor would much comfort Your good Subjects and ease them from vexation with little loss or prejudice to Your own profit And we by our daily and devout Prayers to the Almighty the Great King of Kings shall contend for a blessing upon our endeavors and for Your Majesties long and happy Reign over us and for Your Childrens Children after You for many and many Generations The House had sufficient cause to set forth the danger of true Religion and the Miseries of the Professors thereof in Foreign parts when besides the great wound made in Germany and the cruelties of the prevailing House of Austria the Protestants in France were almost ruined by Lewis the Thirteenth being besieged at once in several places as in Montauban by the King and in Rochel by Count Soysons and the Duke of Guise And for their relief the King of England prevailed nothing by sending of Sir Edward Herbert since Baron of Cherbury and after him the Viscount Doncaster Ambassador for Mediation The King having Intelligence of the former Remonstrance wrote his Letter to the Speaker To Our Trusty and Welbeloved Sir Thomas Richardson Knight Speaker of the House of COMMONS Mr Speaker WE have heard by divers Reports to our great grief That our distance from the Houses of Parliament caused by our indisposition of health hath imboldned the fiery and popular Spirits of some of the House of Commons to argue and debate publickly of the matters far above their reach and capacity tending to our high dishonor and breach of Prerogative Royal. These are therefore to command you to make known in our Name unto the House That none therein shall presume henceforth to meddle with any thing concerning our Government or deep matters of State and namely not to deal with our dearest Sons Match with the Daughter of Spain nor to touch the honor of that King or any other our Friends and Confederates And also not to meddle with any mans particulars which have their due motion in our ordinary Courts of Iustice. And whereas we hear they have sent a Message to Sir Edwin Sandis to know the reasons of his late restraint you shall in our Name resolve them That it was not for any misdemeanor of his in Parliament but to put them out of doubt of any question of that nature that may arise among them hereafter you shall resolve them in our Name That we think our self very free and able to punish any mans misdemeanors in Parliament as well during their sitting as after Which we mean not to spare hereafter upon any occasion of any mans insolent behavior there that shall be ministred unto us And if they have already touched any of these points which we have forbidden in any Petition of theirs which is to be sent unto us it is our pleasure that you shall tell them That except they reform it before it come to our hands we will not deign the hearing nor answering of it Dated at New-Market 3 Dec. 1621. Hereupon they drew up another Petition which they sent accompanied with the former Remonstrance Most Dread and Gratious Soveraign WE your most humble and loyal Subjects the Knights Citizens and Burgesses Assembled in the Commons House of Parliament full of grief and unspeakable sorrow through the true sence of your Majesties displeasure expressed by your Letter lately sent to our Speaker and by him related and read unto us Yet comforted again with the assurance of your grace and goodness and of the sincerity of our own intentions and procéedings whereon with confidence we can relie In all humbleness beséech your most Excellent Majesty that the loyalty and dutifulness of as faithful and loving Subjects as ever served or lived under a gratious Soveraign may not undeservedly suffer by the mis-information of partial and uncertain Reports which are ever unfaithful Intelligencers But that your Majesty would in the clearness of your own Iudgment first vouchsafe to understand from our selves and not from others what our humble Declaration and Petition resolved upon by the Universal voice of the House and proposed with your gratious Favor to be presented unto your Sacred Majesty doth contain Upon what occasion we entred into consideration of those things which are therein contained with what dutiful respect to your Majesty and your service we did consider thereof and what was our true intention thereby And that when your Majesty shall thereby truly discern our dutiful affections you will in your Royal Iudgment frée us from those heavy charges wherewith some of our Members are burthened and wherein the whole House is involved And we humbly beséech your Majesty that you will not hereafter give credit to private Reports against all or any of the Members of our House whom the whole have not censured until your Majesty have béen truly informed thereof from our selves And that in the mean time and ever we may stand upright in your Majesties grace and good opinion than which no worldly consideration is or can be dearer unto us When your Majesty had Reassembled us in Parliament by your Royal Commandment sooner then we expected and did vouchsafe by the mouths
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
most loving Kinsman C. P. Given at Our Palace of Saint Iames 14 Martii 1621. To the Right Honorable the Lord Balthazar of Zuniga Right Honorable and Wel-beloved Friend BEcause we have divers times been informed by your Friends of your singular propension and zeal towards our Affairs we neither will nor ought to leave you unsaluted at this time you have so well deserved of us But it will be no small accession of your good will if you continue as you have begun to promote by your assistance our concernments with his Majesty our Welbeloved Brother which by what way it may best be done our Ambassador the Baron John Digby will be able to direct you to whom we have intrusted the residue of that matter And if during his residence there he may make use of your singular Humanity and Favor with the King in his Negotiation it will be most acceptable to us and render us who were by your deservings already forward to oblige you most forward for the future to deserve well of you which we shall most willingly testifie as occasion offers not onely in word but in deed J. R. Given at our Palace of Theobalds March 14. 1621. Sir Walter Aston the Leiger Ambassador had managed that Treaty by directions received from Digby and now Digby remained at large in it and had communication of the Passages from him The Spaniards proceed in the Match with a very formal appearance for at this very time the Emperors Ambassador in Spain had discoursed of a Marriage between his Masters Son and the Infanta but was presently answered That the Kings hands were tied by a Treaty on foot with the King of Great Brittain and in this particular they seemed as said the English Agent to deal above board In the mean time the Privy Council by the Kings Commandment consulted about the raising of Moneys to defend the Palatinate They appointed the Keeper of the Records in the Tower to search for all such writings as concerned the Levies of Men at the Publick charge of the Countrey from the time of King Edward the Third until this present Likewise they directed Letters of the tenor following to the Justices of the Courts at Westminster and to the Barons of the Exchequer WHat endeavors his Majesty hath used by Treaty and by all fair and amiable ways to recover the patrimony of his Children in Germany now for the most part withholden from them by force is not unknown unto all his loving â—ubjects since his Majesty was pleased to communicate to them in Parliament his whole proceedings in that business Of which Treaty being of late frustrate he was inforced to take other resolutions namely to recover that by the Sword which by other means he saw no likelihood to compass For which purpose it was expected by his Majesty that his people in Parliament would in a cause so nearly concerning his and his Childrens interest have chearfully contributed thereunto But the same unfortunately failing his Maâ—esty 〈◊〉 constrained in a case of so great necessity to try the dutiful affections of his â—â—ing Subjects in another way as his Predecessors have done in former times by propounding unto them a voluntary contribution And therefore as your selves have already given a liberal and worthy example which his Majesty doth take in very gratious part so his pleasure is and we do accordingly hereby authorise and require your Lordships as well to countenance and assist the service by your best means in your next Circuits in the several Counties where you hold General Assizes as also now presently with all convenient expedition to call before you all the Officers and Attorneys belonging to any his Majesties Courts of Iustice and also all such others of the Houses and Societies of Court or that otherwise have dependence upon the Law as are meet to be treated withal in this kinde and have not already contributed and to move them to joyn willingly in this contribution in some good measure answerable to that your selves and others have done before us according to their means and fortunes Wherein his Majesty doubteth not but beside the interest of his Children and his own Crown and Dignity the Religion professed by his Majesty and happily flourishing under him within this Kingdom having a great part in the success of this business will be a special motive to incite and perswade them thereunto Nevertheless if any persons shall out of obstinacy or disaffection refuse to contribute herein proportionably to their Estates and Means you are to certifie their names unto this Board And so recommending this service to your best care and endeavor and praying you to return unto us Notes of the names of such as shall contribute and of the sums offered by them We bid c. Letters to the same effect were directed to the High Sheriffs and Justices of Peace of the several Counties and to the Majors and Bailiffs of every City and Town-Corporate within the Kingdom requiring them to summon all of known Abilities within their Jurisdictions and to move them to a chearful contribution according to their Means and Fortunes in some good measure answerable to what others well-affected had done before them And to make choice of meet Collectors of the Moneys and to return a Schedule of the names of such as shall contribute and the sums that are offered by them that his Majesty may take notice of the good inclinations of his Subjects to a cause of such importance as likewise of such others if any such be as out of obstinacy or disaffection shall refuse to contribute About this time George Abbot Archbishop of Canterbury began to fall into disgrace at Court his enemies taking the advantage of a late sad misfortune for shooting at a Deer with a Cross-bow in Bramzil Park he casually killed the Keeper Upon this unhappy accident it was suggested to the King who already disgusted him for opposing the Match with Spain That in regard of his eminent rank in the Church it might administer matter of Scandal which was aggravated by such as aspired unto his place and dignity The Bishop of Lincoln then Lord Keeper informed the Marquess of Buckingham That by the Common Law of England the Archbishops whole estate was forfeited to the King and by the Common Law which is still in force he is made irregular ipso facto and so suspended from all Ecclesiastical Function until he be restored by his Superior which was the Kings Majesty in this rank and order of Ecclesiastical Jurisdiction To adde affliction to the afflicted said he will be against his Majesties nature yet to leave a man of Blood Primate and Patriark of all his Churches is a thing that sounds very harsh in the Old Councils and Cannons and the Papists will not spare to censure it The King made choice of the Lord Keeper the Bishops of London Winton Rochester St. Davids and Exeter Sir Henry Hobart Justice Doderidge Sir Henry Martin
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
from us What can we look for if the whole shall be in his hands and possession who amuzing us with a Treaty of Cessation and protracting it industriously as we have reason to believe doth in the mean time seize himself of the whole Countrey Which being done our Ambassador shall return with scorn and we remain in dishonor And therefore as we have heretofore sundry times promised in testimony of the sincerity of our proceedings and of our great desire to preserve the Amity inviolable between us and the whole House of Austria that in case our Son in Law would not be governed by us that then we would not onely forsake him but take part and joyn our forces with the Emperors against him So you may fairly represent unto that King That in like manner we have reason to expect the same measure from him That upon the Emperors aversness to a Cessation and Accommodation he will likewise actually assist us for the recovery of the Palatinate and Electoral Dignity to our Son in Law as it hath been often times intimated from Spain Yet our meaning is to carry all things fair with that King and not to give him any cause of distrust or jealousie if you perceive that they intend to go really and roundly on with the Match Wherein nevertheless we must tell you That we have no great cause to be well-pleased with the diligencies used on that part when we observe that after so long an expectance of the Dispensation upon which the whole business as they will have it depends there is nothing yet returned but Queres and Objections We have thought fit to let you know how far we are pleased to enlarge our self concerning those points demanded by the Pope And further then that since we cannot go without much prejudice inconvenience and dishonor to our self and our Son we hope and expect that the King of Spain will bring it instantly to an issue without further delay which you are to press with all diligence and earnestness But if respite of time be earnestly demanded and that you perceive it not possible for them to resolve until an answer come from Rome We then think it fit that you give them two moneths time after your Audience that we may understand that Kings final Resolutions before Christmas next at the furthest Likewise the Conde Gondomar who was lately called home is roused by a Letter from England on this manner HEre is a King and a Prince and a faithful Friend and Servant Buckingham besides a number of other Friends to whom every day seems a year till the Match be accomplished all things are prepared on our parts Priests and Recusants are at liberty and the Prisons are filled with zealous Ministers Orders are published for the Universities and Pulpits that none shall hereafter be medling but that all Preach Christ crucified His Majesty never looked to the rising or falling hopes of his Son in Laws fortunes but kept in the same course that seems most agreeable to Honor and Justice and the Peace of Christendom And Gondomar did beseech the King to suffer himself once to be deceived by Spain and promised when the Match was first moved and the King perswaded to break with France That he should be prest to nothing but what might stand with Conscience and Honor and the love of his people And whereas the Pope would know what Bonum Publicum will be granted We remit it to your Conscience whither the favors daily granted to Catholicks which the King resolves to continue if not to increase be not a real publick good considering if the Match break off his Majesty will be importunately urged by his people to whose assistance he must needs have recourse to give life and execution to all Penal Laws now hanging over the heads of Catholicks According to the Kings direction the Earl of Bristol presented a Memorial to the King of Spain and from him and his Ministers received this return That for the accomplishing of the Match on their part there should not one day be lost for the dispatch thereof imported them no less then the King of Great Britain And for the Palatinate they will seek his intire satisfaction and they refer it to his own just judgment whether their forces were called out of the Palatinate with an evil intention or meerly for the defence of Flanders which otherwise had been put in great hazard by Count Mansfield That the besieging of Heidelburgh was no way by their consent or knowledge but was generally disapproved by them And if it should be taken and the Emperor refuse to restore it or to condiscend to such Accommodation as should be adjudged reasonable the King of Great Britain shall be infallibly assisted with the Arms of Spain for the restoring of the Palatine And as concerning the Match Bristol seemed so confident as to declare to the King his Master That he should not willingly give his Majesty hope upon uncertain grounds so he would not conceal what the Spanish Court professed which was to give his Majesty both real and speedy satisfaction And he affirmed If they intended it not they were falser then all the Devils in Hell for deeper Oaths and Protestations of Sincerity could not be made But in the mean while the Town and Castle of Heidelburgh were taken and the English Companies put to the Sword and Sir Edward Herbert the Governor was slain after he had broken four Pikes in charging the Enemy The besieging of Manheim and the blocking of Frankendale followed the loss of Heidelburgh King Iames provoked by the continual progress of these Indignities was impatient of staying for a Reply from Spain to his former Letters but seconded those Resolutions with a vehement new dispatch the Third of October in a peremptory stile as it well became him Commanding the Earl of Bristol to let that King understand how sensible he was of the Emperors proceedings towards him and withal not a little troubled to see that the Infanta at Bruxels having an absolute Commission from the Emperor to conclude a Cessation and Suspension of Arms should now at last when all Objections were answered and the former solely pretended Obstacles removed not onely delay the Conclusion of the Treaty but refuse to lay her Commands upon the Emperors Generals for abstaining from the Garisons during the Treaty upon a pretext of want of Authority So as for the avoiding of further dishonor he hath been forced to recal both his Ambassadors as well the Chancellor of his Exchequer from Bruxels as also the Lord Chichester whom he intended to have sent unto the Emperor to the Dyet at Ratisbone He further enjoyned his Ambassador That having delivered his sense of things he should demand of the King of Spain a promise under his Hand and Seal that the Town and Castle of Heidelburgh shall be delivered to the Palatine within seventy days after the Audience and the like for Manheim and
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
drawn upon us and cannot but foresee and fear least the like may hereafter happen and unevitably bring such peril to your Maiesties Kingdoms We are most humble Suitors to your gracious Maiesty to secure the hearts of your good Subiects by the engagement of your Royal word unto them that upon no occasion of Marriage or Treaty or other request in that behalf from any foreign Prince or States whatsoever you will take off or slacken the Execution of your Laws against the Popish Recusants To which our humble Petitions proceeding from our most loyal and dutifull affections toward your Maiesty our care of our Countries good and our confident perswasion that this will much advance the glory of Almighty God the everlasting honor of your Maiesty the safety of your Kingdom and the encouragement of all your good Subiects We do most humbly beseech your Maiesty to vouchsafe a gracious Answer This Petition after a Conference between both Houses was reduced to another form and so presented to the King To which his Majesty returned this Answer My Lords and Gentlemen of both Houses I Cannot but commend your zeal in offering this Petition to me yet on the other side I cannot but hold my self unfortunate that I should be thought to need a spur to do that which my Conscience and duty bindes me unto What Religion I am of my Books do declare my profession and behavior doth shew and I hope in God I shall never live to be thought otherwise surely I shall never deserve it and for my part I wish it may be written in Marble and remain to Posterity as a mark upon me when I shall swerve from my Religion for he that doth dissemble with God is not to be trusted with men My Lords for my part I protest before God that my heart hath bled when I have heard of the increase of Popery God is my Iudge it hath been such a great grief to me that it hath been as Thorns in my Eyes and Pricks in my Sides and so far I have been and shall be from turning another way And my Lords and Gentlemen you shall be my Confessors that one way or other it hath been my desire to hinder the growth of Popery and I could not be an honest man if I should have done otherwise And this I may say further that if I be not a Martyr I am sure I am a Confessor and in some sence I may be called a Martyr as in the Scripture Isaac was persecuted by Ishmael by mocking words for never King suffered more ill Tongues then I have done and I am sure for no cause yet I have been far from persecution for I have ever thought that no way more encreased any Religion then persecution according to that saying Sanguis Martyrum est Semen Ecclesiae Now my Lords and Gentlemen for your Petition I will not onely grant the substance of what you crave but add somewhat more of my own for the two Treaties being already annulled as I have declared them to be it necessarily follows of it self that which you desire and therefore it needs no more But that I do declare by Proclamation which I am ready to do that all Iesuites and Priests do depart by a day but it cannot be as you desire by our Proclamation to be out of all my Dominions for a Proclamation here extends but to this Kingdom This I will do and more I will Command all my Iudges when they go their Circuits to keep the same courses for putting all the Laws in Execution against Recusants as they were wont to do before these Treaties for the Laws are still in force and were never dispenced with by me God is my Iudge they were never so intended by me but as I told you in the beginning of the Parliament you must give me leave as a good horseman sometimes to use the Reins and not alwayes to use the Spurs So now there needs nothing but my Declaration for the disarming of them that is ready done by the Laws and shall be done as you desired and more I will take order for the shamefull disorder of the resorting of my Subjects to all foreign Ambassadors for this I will advise with my Councel how it may be best reformed It is true that the houses of Ambassadors are priviledged places and Major though they cannot take them out of their houses yet the Lord and Mr Recorder of London may take some of them as they come from thence and make them examples another point I will add concerning the education of their children of which I have had a principal care as the Lord of Canterbury and the Bishop of Winchester and other Lords of my Councel can bear me witness with whom I have advised about this business for in good faith it is a shame their Children should be bred here as if they were at Rome So I do grant not onely your desire but more I am sorry I was not the first mover of it to you but had you not done it I would have done it my self Now for the second part of your Petition you have here given me the best advice in the world for it is against the rule of wisdom that a King should suffer any of his Subjects to transgress the Laws by the intercession of other Princes and therefore assure your selves that by the Grace of God I will be carefull that no such conditions be foisted in upon any other Treaty whatsoever for it is fit my Subjects should stand or fall to their own Laws This Petition was furthered by the Duke of Buckingham who still retained the memory of his ill-usage in Spain and the Spanish Ambassador being netled thereat accused him to the King not without some reflection upon the Prince himself with some difficulty they procured a secret entercourse with the King and suggested unto him matters of near and high concernment to his Royal dignity and person They tell him that being besieged and closed up by the Dukes Servants and Vassals he was no more a freeman That he was to be confined to his Countrey-house and Pastimes the Prince having years and parts answerable for publick Government That the Duke had reconciled himself to all popular men such as Oxford Southampton Essex Say and others and sought to raise an opinion of his own greatness and to make the King grow less and that all looked towards the rising Sun Hereupon they advise the King to free himself from this Captivity and eminent Danger and to cut off so ungratefull an affecter of Popularity and greatness and so he should shew himself to be as he was reputed the oldest and wisest King in Europe These secrets were quickly blown abroad and brought to the Dukes Ear. But whatsoever impression the King received from them the thing whereupon he insisted openly was the demand of particular proofs But all their Answers consisted of Arguments against declaring the names of the Conspirators whereupon
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
testimonia invictissimi unà cum Joanne fratre suo juniore in obsidione Francovalenti hic factâ eruptione arreptus ille ictu bombardae percussus occubuere Anno M.DC.XXI This Monument was erected by the Town of Frankendal in memory of those two Brothers who were Uncles to that Valiant Victorious and Self-denying General THOMAS Lord FAIRFAX late Commander in Chief of the Parliaments Armies in England In France the Marriage-Treaty was not so fair smooth and plausible in the progress as in the entrance King Iames admiring the Alliance of mighty Kings though of a Contrary Religion as also fearing the disgrace of another Breach desired the Match unmeasurably which the French well perceived and abated of their forwardness and enlarged their Demands in favor of Papists as the Spaniards had done before them and strained the King to the Concession of such Immunities as he had promised to his Parliament that he would never grant upon the mediation of Forein Princes The Cardinal Richlieu being in the infancie of his favor and appointed to the managing of the Treaty assured the Catholicks of Great Britain that the most Christian King remembring that he was born and raised up no less for the propagation of the Catholick Cause then for the enlarging of his own Dominions was resolved to obtain honorable Terms for Religion or never to conclude the Match And for his own part such was his compassion towards them that if he might work their deliverance or better their condition not only with Counsel interest and authority but with his life and blood he would gladly do it However this Treaty held fewer moneths then the years that were spent in that of Spain Indeed the Motion from England had a braver expression seeing a Wife was here considered as the only object of the Treaty whereas that of Spain was accompanied with a further expectation to wit the rendring of the Palatinate to King Iames his children In August the Match was concluded and in November the Articles were sworne unto by King Iames Prince Charls and the French King The Articles concerning Religion were not much short of those for the Spanish Match The Conclusion of the Treaty was seconded in France with many outward expressions of Joy as Bonfires and the like Whereupon the Privy-Council sent to the Lord Mayor of London requiring the like to be done here This year Count Mansfield arrived in England whose reception was splendid and honorable He was entertained in the Prince his House in S. Iames's and served in great state by some of the Kings Officers A Press went through the Kingdom for the raising of Twelve thousand Foot with two Troops of Horse to go under his Command for the Recovery of the Palatinate These Forces were intended to pass through France into Germany the French having promised as well an Addition of Strength as a free passage In the mean while there were those that secretly sollicited the King to return into the way of Spain and raised suspitions of Mansfields Enterprise saying he was the Palsgraves Scout and Spy And if the Puritans desired a Kingdom they did not wish it to the most illustrious Prince Charls his Majesties best and true Heir but to the Palatine That it was the Dukes Plot and the Parliaments Fury to begin a War with Spain but it will be the glory of his Majesties blessed Reign that after many most happy years that Motto of his Blessed be the Peace-makers might even â—o the last be verified of him in the letter and be propounded for imitation to the most illustrious Prince and that the experience of his happy Government should carry the Prince in a connatural motion to the same Counsels of Peace And at the same time the more circumspect party in the Spanish Court held it fit to continue the state of things in a possibility of an Accommodation with the King of Great Britain and Gondomar was coming again for England to procure a Peace notwithstanding the Duke of Bavaria used all diligence to combine himself with that Crown offering to depend wholly thereon so that he may be thereby protected in his new acquired Dignity But in these Motions the Elector of Saxony with many Reasons advised the Emperor to apply himself to the setling of a Peace in Germany and with much instance besought him not to destroy that antient House of the Palatinate Count Mansfield was at this time in England and the Forces raised in the several parts of the Kingdom for the recovery of the Palatinate were put under his Command and Marching to their Rendezvous at Dover committed great Spoils and Rapines in their passage through the Counties At that Rendezvous the Colonels and Captains were assigned to receive their several Regiments and Companies from the Conductors employed by those several Counties where the Men were raised A List of some of the Regiments of Foot designed for that Expedition I. EArl of Lincoln Colonel Lieut. Col. Allen. Serjeant Major Bonithon Sir Edward Fleetwood Captain Wirley Capt. Reynolds Capt. Babbington Sir Matthew Carey Capt. Barlee Capt. Cromwel II. Viscount Doncaster Colonel Sir Iames Ramsey Lieut. Colonel Alexander Hamilton Serjeant Major Capt. Archibald Duglas Capt. Zouch Capt. Iohn Duglas Capt. Pell Capt. William Duglas Capt. George Kellwood Capt. Andrew Heatly III. Lord Cromwel Colonel Lieut. Col. Dutton Serjeant Major Gibson Capt. Basset Capt. Lane Capt. Vincent Wright Capt. Ienner Capt. Vaughan Capt. Owseley Capt. Crane IV. Sir Charles Rich Colonel Lieut. Col. Hopton Serjeant Major Killegrew Sir Warham St. Leiger Sir W. Waller Capt. Burton Capt. Francis Hammond Capt. Winter Capt. Goring Capt. Fowler V. Sir Andrew Grey Colonel Lieut. Col. Boswel Serjeant Major Coburne Capt. David Murray Capt. Murray Capt. Forbois Capt. Carew Capt. Ramsey Capt. Williams Capt. Beaton VI. Sir Iohn Borrough Colonel Lieut. Col. Bret. Serjeant Major Willoughby Capt. William Lake Capt. Roberts Capt. Webb Capt. Skipwith Capt. Thomas Woodhouse Capt. George Capt. Mostian The Duke of Buckingham Lord Admiral was required to employ those Ships that were now in the Narrow Seas or in the Havens ready bound for any Voyage for the Transporting this Army from Dover Count Mansfield received his Commission from King Iames bore date the Seventh of November One thousand six hundred twenty and four and was to this effect That his Majesty at the Request of the Prince Elector Palatine and the Kings Sister his Wife doth impower Count Mansfield to raise an Army for the recovering of the Estate and Dignity of the Prince Elector and appoints that the Forces so raised should be under the Government of the said Count Mansfield for the end aforesaid And his Majesty further declares by way of Negative That he doth not intend that the said Count shall commit any spoil upon the Countreys or Dominions of any of his Majesties Friends and Allies and more particularly He doth require the said Count not to make any invasion or do any act of War
ours and the Honor his XXIII His sickness at the beginning more grievous then it seemed a sharp melancholy humor set on fire though ushered in by an ordinary Tertian Ague XXIV He was from the beginning of his sickness scarce out of an opinion that he should die and therefore did not suffer the great Affairs of Christendom to move him more then was fit for he thought of his end XXV His devout receiving of the Blessed Sacrament XXVI His Regal Censure of the Moderate Reformation of the Church of England and particularly for the care of retaining of Absolution the comfort of distressed Souls XXVII His continual calling for Prayers with an assured confidence in Christ. XXVIII His death as full of patience as could be found in so strong a death XXIX His Rest no question is in Abrahams Bosome and his Crown changed into a Crown of Glory Another writes thus of that King in the Book entituled the Reign of King Charles IN the stile of the Court he went for Great Britains Solomon nor is it any Excursion beyond the Precincts of Verity to say That neither Britain nor any other Kingdom whatsoever could ever since Solomons days glory in a King for recondite Learning and abstruse Knowledge so near a Match to Solomon as he And though he was an Universal Schollar yet did he make other Sciences their most proper employment but Drudges and Serviteurs to Divinity wherein he became so transcendently eminent as he notoriously foiled the greatest Clerks of the Roman See Nor did his Theological Abilities more advantage the Cause of Religion abroad then at home they keeping the new-fangled Clergy aloof and at distance as not daring to infuse into so solid a Judgment their upstart and erroneous Fancies no nor disquiet the Churches peace with Heterodox Opinions A stout Adversary he was to the Arminians and Semipelagians whom he called as Prosper before him The Enemies of Gods Grace And as slender a Friend to the Presbytery of whose Tyrannical and Antimonarchical Principles he had from his Cradle smart experience He was an excellent Speaker the Scheme of his Oratory being more stately then pedantick and the Expressions argued him both a King and a Schollar In his Apparel and Civil Garb he seemed naturally to affect a Majestick carelesness which was so Hectick so Habitual in him as even in Religious Exercises where the Extern Demeanor is a grand part of that Sacred Homage he was somewhat too incurious and irreverent He was indulgent a little to his Palate and had a smack of the Epicure in Pecuniary Dispensations to his Favorites he was excessive liberal yea though the exigence of his own wants pleaded Retension Studious he was of Peace somewhat overmuch for a King which many imputed to pusillanimity and for certain the thought of War was very terrible unto him whereof there needs no further demonstration then his management of the Cause of the Palatinate For had he had the least scintillation of Animosity or Majestick Indignation would he have so long endured his Son-in-Law exterminated from his Patrimony while the Austrian Faction to his great dishonor cajoled and kept him in delusory Chat with specious fallacies would he in those several Negotiations of Carlisle Bristol Belfast and Weston have trifled away so vast sums the Moity whereof had they been disposed in Military Levies would have Modelled an Army able when Heidelburgh Manheim and Frankendale defended themselves to have totally dissipated all the Forces of the Usurpers to have mastered the Imperious Eagle enforcing her to forego her Quarry and reestated the Palsgrave would he so shamefully have Courted the Alliance of Spain to the very great regret of his Subjects whom his Predecessors had so often baffled and whom England ever found a worse Friend then Enemy What stronger evidence can be given in of a wonderful defect of Courage As this lipothymie this faint-heartedness lost him the reputation and respects of his people so his heavy pressures upon them and undue Levies by Privy Seals and the like alienated their Affections especially considering how those Moneys were mis-employed indeed rather thrown away partly in the two dishonorable Treaties of Spain and Germany and the Consequential Entertainments and partly in Largesses upon his Minion Buckingham Between this disaffection and contempt in his people there was generated a general disposition to turbulent and boisterous Darings and Expostulations even against his Darling Prerogative And though those dismal calamities which befel his Son were doubtless ampliated by a superfetation of Causes yet was their first and main existency derivative from those seminalities Let Court-Pens extol the calmness of his Halcyonian Reign with all artifice of Rhetorick yet can they never deny but that admired Serenity had its set in a Cloud and that he left to his Successor both an empty Purse and a Crown of Thorns Sir Francis Bacon when King Iames was living gave this Character of him WHerefore representing Your Majesty many times unto my minde and beholding you not with the eye of Presumption to discover that which the Scripture tells me is inscrutable but with the observant eye of Duty and Admiration leaving aside the other parts of your Virtue and Fortune I have been touched yea and possessed with an extream wonder at these your Virtues and Faculties which the Philosophers call Intellectuals The largeness of your Capacity the faithfulness of your Memory the swiftness of your Apprehension the penetration of your Judgment and the facility and order of your Elocution And I have then thought that of all the persons living that I have known Your Majesty were the best instance to make a man of Plato's opinion That all Knowledge is but Remembrance and that the Minde of Man by Nature knoweth all things and hath but her own Native and Original Notions which by the strangeness and darkness of the Tabernacles of the Body are sequestred again revived and restored Such a Light of Nature I have observed in your Majesty and such a readiness to take flame and blaze from the least occasion presented or the least spark of anothers Knowledge delivered And as the Scripture saith of the wisest King That his heart was as the Sand of the Sea which though it be one of the largest Bodies yet it consisteth of the smallest and finest Portions So hath God given your Majesty a composition of Understanding admirable being able to compass and comprehend the greatest Matters and nevertheless to touch and apprehend the least wherein it should seem an impossibility in Nature for the same Instrument to make it self fit for great and small Works And for your gift of Speech I call to minde what Cornelius Tacitus saith of Augustus Caesar Augusto prosâ—uens quae Principem deceret Eloquentia fuit For if we mark it well Speech that is uttered with labor and difficulty or Speech that savoreth of the affectation of Arts and Precepts or Speech that is framed after the imitation of some pattern
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
lending of the Ships and received fair Answers from them both But the King sent an express and strict Order to Pennington requiring him without delay to put his former Command in Execution for the consigning of the Ship called the Vantguard with all her furniture into the hands of the Marquess D' Effiat assuring the Officers of the Ships that he would provide for their Indempnity and further commanding him to require the Seven Merchants Ships in his name to put themselves into the Service of the French King and in case of backwardness or refusal to use all means to compel them thereunto even to their sinking Upon this Pennington went back to Deep and put the Vantguard into the absolute Power and Command of the French King to be employed in his Service at pleasure and commanded the rest of the Fleet to the like Surrender At the first the Captains Masters and owners refused to yield weighed Anchor and were making away but when Pennington shot they came in again but Sir Ferdinando Gorge came away with the Ship called the Neptune The Companies unanimously declined the Service and quitted the Ships all but one Man who was a Gunner and Pennington hasted to Oxford where the Parliament was Reassembled but as was voiced was there concealed till the Parliament was dissolved On the First of August the Parliament Reassembled at Oxford whether the news of the Ships lent to the French against the besieged Rochellers did quickly flie and exasperate the spirit of that great Assembly against the Duke of Buckingham The Grievances insisted upon were the mis-spending of the Publick Treasure the neglect of guarding the Seas insomuch that the Turks had leisure to land in the Western parts and carry away the Subjects Captives The Commons appointed a Committee to consider of secret Affairs and to examine the Disbursements of the Three Subsidies and the Three Fifteens given to King Iames for the Recovery of the Palatinate and they prepared to assault the Duke Also Mr. Richard Montague was summoned to appear according to the Condition of his Bond and a Committee was appointed to proceed in the further Examination of that business Mr. Montagues Cause was recommended to the Duke by the Bishops of Rochester Oxford and St. Davids as the Cause of the Church of England They shew that some of the Opinions which offended many were no other then the resolved Doctrine of this Church and some of them are curious Points disputed in the Schools and to be left to the liberty of Learned Men to abound in their own sense it being the great fault of the Council of Trent to require a Subscription to School Opinions and the approved Moderation of the Church of England to refuse the apparent Dangers and Errors of the Church of Rome but not to be over-busie with Scholastical Niceties Moreover in the present case they alleage that in the time of Henry the Eighth when the Clergy submitted to the Kings Supremacy the Submission was so resolved That in case of any difference in the Church the King and the Bishops were to determine the Matter in a National Synod and if any other Judge in Matters of Doctrine be now allowed we depart from the Ordinance of Christ and the continual practice of the Church Herewithal they intimated That if the Church be once brought down below her self even Majesty it self with soon be impeached They say further That King Iames in his rare wisdom and judgment approved all the Opinions in this Book and that most of the contrary Opinions were debated at Lambeth and ready to be published but were suppressed by Queen Elizabeth and so continued till of late they received countenance at the Synod of Dort which was a Synod of another Nation and to us no ways binding till received by Publick Authority And they affirm boldly That they cannot conceive what use there can be of Civil Government in the Common-wealth or of External Ministry in the Church if such fatal Opinions as some are which are opposite to those delivered by Mr. Montague be publickly taught and maintained Such was the Opinion of these forenamed Bishops but others of Eminent Learning were of a different Judgment At Oxford in a late Divinity Disputation held upon this Question Whether a Regenerate Man may totally and finally fall from Grace The Opponent urging the Appeal to Caesar the Doctor of the Chair handled the Appellator very roughly saying He was a meer Grammarian a Man that studied Phrases more then Matter That he understood neither Articles nor Homilies or at least perverted both That he attributed he knew not what vertue to the sign of the Cross Dignus Cruce qui asserit and concluded with an Admonition to the Juniors That they should be wary of reading that and the like Books On the Fourth of August the Lords and Commons were commanded to attend his Majesty in Christs-Church Hall in Oxford where he spake unto them in manner following MY Lords and you of the Commons We all remember that from your Desires and Advice my Father now with God brake off those two Treaties with Spain that were then in hand Well you then foresaw that as well for regaining my dispossessed Brothers Inheritance as home defence a War was likely to succeed and that as your Councils had led my Father into it so your assistance in a Parliamentary-way to pursue it should not be wanting That aid you gave him by Advice was for succor of his Allies the guarding of Ireland and the home part supply of Munition preparing and setting forth of his Navy A Council you thought of and appointed for the War and Treasurers for issuing of the Moneys And to begin this Work of your Advice you gave Three Subsidies and as many Fifteens which with speed were levied and by direction of that Council of War in which the preparation of this Navy was not the least disbursed It pleased God at the entrance of this Preparation by your Advice begun to call my Father to his Mercy whereby I entred as well to the care of your Design as his Crown I did not then as Princes do of Custom and Formality Reassemble you but that by your further Advice and Aid I might be able to proceed in that which by your Counsels my Father was engaged in Your love to me and forwardness to further those Affairs you expressed by a Grant of Two Subsidies yet ungathered although I must assure you by my self and others upon credit taken up and aforehand disbursed and far short as yet to set forth that Navy now preparing as I have lately the estimate of those of care and who are still employed about it whose particular of all expences about this preparation shall be given you when you please to take an accompt of it His Majesty having ended his Speech commanded the Lord Conway and Sir Iohn Cook more particularly to declare the present state of Affairs which
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
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
the Council That both the English and Dutch Ships designed to block up Dunkirk whilst our Fleet was gone to Spain were dispersed by a sudden storm and that Two and twenty Ships of Dunkirk Men of War having Four thousand Land-soldiers were at liberty to rove up and down and do mischief at Sea Hereupon the Council by their Letters to the Lords Lieutenants of the Counties upon the Seacoasts required that the Trained-Bands be in readiness with compleat Armor and other Furniture to march upon all Alarms to what place soever the necessary defence thereof shall require Also upon intelligence that these Two and Twenty Dunkirkers intended to land their Four thousand men in Ireland in case their design failed as to England Letters were expedited to the Lord Deputy of Ireland to guard those Sea-coasts for that it were alike mischievous if they should land in either Kingdom In the beginning of October the Fleet consisting of Eighty Ships great and small the Anne-Royal a Ship of Twelve hundred Tun being Admiral put forth from Plimouth for the Coasts of Spain with these Regiments aboard the Fleet according as we find it mentioned in an old List viz. The Duke of Buckingham's The Lord Wimbleton's Sir William St. Leger's Serjeant-Major-General and Colonel Burrough's Regiments were shipped in the Admirals Squadron which carried 2093 Seamen and 4032 Land-soldiers The Lord Valentia's Regiment The Earl of Essex's and Colonel Harwood's were shipped in the Vice-Admirals Squadron carrying 1765 Seamen and 3008 Land-soldiers The Earl of Essex was Vice-Admiral and commanded this Squadron Sir Charls Rich his Regiment Sir Edward Conway's and Colonel Regiments were shipped in the Rear-Admirals Squadron carrying 1833 Mariners 2998 Soldiers The Fleet after four days sail was encountred with a furious storm which so dissipated the Ships that of Fourscore no less then Fifty were missing for seven days Afterwards they all came together upon the Coasts of Spain where they found a Conquest ready the Spanish Shipping in the Bay of Cadez the taking whereof was granted feasible and easie and would have satisfied the Voyage both in point of honor and profit This was either neglected or attempted preposterously Then the Army landed and Sir Iohn Burroughs took a Fort from the Spaniard but the Soldiers finding good store of Spanish Wines abused themselves and hazarded the ruine of all had the Enemy known in what condition they were notwithstanding all Commands to the contrary So they were presently shipp'd again and the General putting to Sea intended to wait about Twenty days for the Plate-Fleet which was daily expected from the West-Indies But the evil condition of his Men by reason of a general Contagion enforced him to abandon the hopes of this great Prize So the English having effected nothing returned home with dishonor in November following It gave no small occasion of clamor That a Fleet so well provided and manned should land their men in an Enemies Country and return without some honorable Action But where the fault lay hath not been yet adjudged neither was any ever punished for failing in that duty The General for some time was not admitted into the Kings presence and some of the Colonels of his Army accused him and some Seamen aggravated the Accusation The General was examined before the Council and laid the fault on others in the Fleet who let the King of Spain's Ships pass without fighting them according to Order They on the other hand said they had no Order from their General to fight Thus was there fending and proving which contributed little to salve the dishonor which the Nation sustained by this unprofitable and ill-managed Design Upon the Fleets return to Plimouth in December and Consideration of the present use of the Soldiers therein imployed a Proclamation issued forth to command that no Soldiers of the Fleet should depart from their Colours or be discharged of their Service till the King shall signifie his pleasure how and when he will use their further Service So the Forces that returned from Cades were kept on foot and dispersed into several parts of the Kingdom There was also a strict Commandment That no Subject of this Realm of England shall have intercourse of Trade with any of the Dominions of the King of Spain or the Arch-Dutches of Flanders upon pain of Confiscation both of Ships and Goods that shall be found upon Voyage of Trade into any of the said Dominions Moreover in regard of the Subjects apparent danger and the encouragement of the Enemies of this State by putting Ships to Sea being weakly manned and ill furnished the King ordained that none should set forth any Ship or Pinnace of the burthen of Threescore Tuns or upwards unless they furnish the same with serviceable Muskets and Bandaliers sufficient for the arming of half the number of persons that sail therein together with a quantity of Ammunition answerable to the length of their intended Voyage Furthermore for the instructing and exercising of the Trained-Bands as well Officers as Soldiers by men experienced in Military Exercises The King gave Commandment that divers Low-Countrey Soldiers should be assigned to the several Counties and that the Trained-Bands should be ready at the times appointed for their Direction in their Postures and use of Arms. The Plague still continuing in London and Westminster and the places near adjoyning the King to prevent a general infection had adjourned a part of Michaelmas Term from the Utas thereof to the Fourth Return and afterwards to the Fifth and then the residue of the Term from the City of Westminster as also the Receipt of the Revenue from Richmond to the Town of Reading in Berkshire In which Term a Commission issued forth under the Great Seal for executing the Laws against Recusants according to the Petition of the late Parliament which was read in all the Courts of Judicature at Reading Which Commission together with Pricking of Sir Edward Cook and certain other Gentlemen Sheriffs who had appeared the last Parliament against the Duke and being Sheriffs could not be chosen Parliament-men gave occasion of discourse and hopes of a new Parliament At Hampton Court in December following this ensuing Order was made WHereas Four Articles concerning the Oath used to be taken by the High Sheriffs of Counties were this day presented unto the Board unto which Articles Sir Edward Cook Knight at this present High Sheriff of the County of Bucks Did upon tender of the Oath unto him take Exceptions and sent his Exceptions and the Reasons thereof in writing to Mr. Attorny General who by direction of the Board did attend all the Iudges of England to receive their Advice thereupon and the said Iudges having advised thereof did with one unanimous consent Resolve and so Report to the Lord Keeper That they found no cause to alter the said Oath but onely in one of the said Articles hereafter mentioned It is thereupon this day Ordered by their
Lordships according to the unanimous Advice of all the Iudges of England and his Majesties pleasure signified therein That the First Article propounded viz. You shall do all your pain and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within in your Bayliwick from time to time to all your power and assist and be helping to all Ordinaries and Commissioners of the Holy Church and favor and maintain them as oftentimes as you shall be required shall be left out in the Oath to be given to Sir Edward Cook and shall ever hereafter be left out in all Oaths to be given to the High Sheriffs of Counties hereafter And their Lordships do likewise Order according to the unanimous Advice of all the Iudges of England That the other thrée Articles doubted of shall stand in the said Oath to be ministred to the said Sir Edward Cook and to all other High Sheriffs as heretofore hath béen accustomed and that the Lord Keeper do give order to such Officers and Clerks in the Court of Chancery to whom it appertained to make out the Oath for the time to come according to present Order The expectation of a Parliament gave encouragement to the Bishop of Lincoln who yet retained the name of Lord Keeper notwithstanding his Sequestration several moneths before from the presence of the King the Council Table and the custody of the Seal to make an Address to his Majesty for a favorable interpretation of his actions But his carriage towards the Duke at the Parliament at Oxford was fresh in memory where the Bishop told the Duke in Christ-Church upon the Dukes rebuking him for siding against him That he was engaged with William Earl of Pembroke to labor the Redress of the Peoples Grievances and was resolved to stand upon his own Legs If that be your resolution said the Duke Look you stand fast and so they parted and shortly after that he was sequestred though the Seal was not disposed from him till the Thirtieth of October at which time it was given to Sir Thomas Coventry at Hampton-Court who was that day sworn of the Privy Council and sate there and sealed some Writs and afterwards came to the Term at Reading and sate there as Lord Keeper and heard Causes The King being pressed with his own Necessities and the Cry of the Nation against the Fruitless Voyage of Cadiz summoned a Parliament to meet in February and before the time of meeting his Majesty enjoyned the Archbishops and Bishops in both Provinces to proceed against Popish Recusants by Excommunication and other Censures of the Church and not to omit any lawful means of bringing them to Publick Justice especially he recommended to their vigilant care the unmasking and repressing of those who were not professed Papists yet disaffected to the true Religion and kept close their evil and dangerous affection and by secret means and slights did encourage and advance the growth of Popery This Command was seconded by a Proclamation requiring That all Convicted Papists should according to the Laws of this Realm remain confined to their dwelling places or within five miles thereof unless upon special Licences first obtained in Cases necessary Immediately before the Parliament Bishop Laud procured the Duke of Buckingham to sound the King concerning the Cause Books and Tenets of Mr. Richard Montague and understanding by what the Duke collected That the King had determined within himself to leave him to a Tryal in Parliament he said I seem to see a Cloud arising and threatning the Church of England God for his Mercy dissipate it About the same time the King declared his purpose to celebrate the Solemnity of his Coronation on Candlemas-day at the Palace of Westminster and required all persons who by reason of their Offices and Tenures were bound to perform any Duties at the Solemnitie to give their attendance and to be furnished in all respects answerable to an action of so high State according to their places and dignities Wherefore by a Commission under the Great Seal of England Sir Thomas Coventry Lord Keeper of the Great Seal Iames Lord Say High Treasurer of England Edward Earl of Worcester Keeper of the Privy Seal Thomas Earl of Arundel and Surrey Earl Marshal of England William Earl of Pembroke Lord High Chamberlain Edward Earl of Dorset and Sir Randol Crew Cheif Justice of the Common Pleas were authorised to receive and determine the Claims exhibited by any Person concerning Services to be performed at the approaching Coronation And the more to credit the Solemnity the King resolving to make certain of his Servants and other Subjects in regard of their Birth good Service and other Qualities Knights of the Bath Authorised Thomas Earl of Arundel and Surrey and Earl Marshal of England William Earl of Pembroke Lord Chamberlain to perform in his Majesties Name and behalf all the Rites and Ceremonies belonging thereto At the same time Writs were directed to all Sheriffs in the Realm of England and Dominions of Wales commanding them to make Proclamation That all such as had Forty pounds a year or more of Lands or Revenues in their own hands or the hands of Feoffees for their use for the space of Three years and are not yet Knights do at their perils prepare to present themselves in his Majesties Presence by the One and thirtieth of Ianuary to receive the Order of Knighthood Upon the asswaging of the great Pestilence through the Mercy and Goodness of God in withdrawing and almost removing the Scourge the King by His Royal Authority ordained a Publick and General Thanksgiving to be celebrated upon the Nine and twentieth of Ianuary being the Lords day in the Cities of London and Westminster and the places adjacent and on the Nineteenth of February in all other places of the Kingdom the manner and form whereof was prescribed by a Book composed by the Bishops according to his Majesties special Direction The Contagion ceasing the restraint enjoyned to the Citizens of London from resorting to Fairs for a time was taken off The number of those that died this year within and without the Walls of the City of London and in the Liberties and Nine out Parishes from the Sixteenth of December 24. to the Fifteenth of December 25. Was in Total Fifty four thousand two hundred sixty and five whereof of the Plague Thirty five thousand four hundred and seventeen On Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
State when they were none Recovered Henry the Fourth of France his Kingdom when he had nothing left but the Town of Diep Conquered the Invincible Navy of Spain in Anno 1588. Took Towns in Portugal the Year following and marched One hundred miles upon the Firm ground Fired or brought away the Spanish Navy before Cadiz and sack'd the Town took the Spanish ships daily and spoiled the Port-Towns of the West-Indies never losing but one ship during the Spanish War reducing the Condition of that King from a Fifth Monarchy to so low an Ebb that in one Year he paid Two thousand five hundred Millions of Duckets for Interest so as after he was enforced to beg Treaties of Peace and low Terms at the last Queen-Regents hands III. The Cause of the good Success then A Carriage and readiness to assist their Soveraign in purse and person A Wisdom and Gravity of Council who ordered nothing but by publick Debate and then assisted with the Military Professors either by Land or Sea of the best repute and such only imployed IV. In what Condition we now stand By the loss of Reputation by the ill success in the Voyage for Algier in the Palatinate in the Expedition with Mansfield in the last to Cadiz The Reasons are The uncheerfulness we have either to adventure our purses or persons occasioned by a distrust we have of the success the want of the like Courses and Councils that were formerly used It was wished that for every of the Four Heads there were a particular Committee to examine and prepare a Report for the Houses and the House upon every Report to put it self into a Committee of the whole Assembly and after a full and deliberate Debate to order a Model or Form for a Conference with the Lords and so together humbly to present to his Majesty a Remonstrance of their Labor offering withall a second Consultation and Debate amongst themselves for finding out the fittest means both for the defence of the State and our Allies Reformation of the Errors and a constant way to raise such Supplies as may enable his Majesty to proceed cheerfully and as they hoped assuredly in this his glorious Action not only for himself and State but all that profess the same Religion and are like to be overwhelmed in the Ambition of the Spanish Monarchy Also a Committee was named concerning Religion and the Growth oâ— Popery and Montague's Appeal to Caesar was again brought in question This Book the Commons referred to the Committee for Religion from whom Mr. Pym Reported to the House the several Erroneous Opâ—nions therein contained and the House passed their Votes thereupon That Mr. Montague endeavored to reconcile England to Rome and to alienate the Kings affections from his well-affected Subjects The Articles exhibited against him were these Articles exhibited by the Commons against Richard Montague Clerk THat he the said Richard Montague in or about the 21. year of the Reign of our late Soveraign Lord King Iames of famous memory hath caused to be Printed and in his name to be Published one Book called An Answer to the late Gagg of Protestants and in or about Anno 22. of the same King he caused to be Printed and Published one other Book Entituled A Treatise of the Invocations of Saints and likewise in the First year of his Majesties Reign that now is he procured to be Printed and in his name to be Published another Book Entituled An Appeal to Caesar In every of which Books he hath maintained and confirmed some Doctrine contrary or repugnant to the Articles agreed by the Archbishops and Bishops of both Provinces and the whole Clergy holden in the Convocation at London Anno Domini 1562. according to the computation of the Church of England for avoiding Diversity of Opinions and for establishing Consent touching true Religion All which appears in the places hereafter mentioned and in divers other places and passages of the same Books And by his so doing hath broken the Laws and Statutes of this Realm in that Case provided and very much disturbed both the Peace of Church and Commonwealth I. Whereas in the Five and thirtieth Article of the Articles aforementioned it is declared That the Second Book of Homilies doth contain a Godly and wholesom Doctrine in the sixteenth Homily of which Book it is determined That the Church of Rome as it is at present and hath been for the space of Nine hundred years and odd is so far wide from the nature of a True Church that nothing can be more He the said Richard Montague in several places of his said Book called The Answer to the Gagg and in his other Book called The Appeal doth advisedly maintain and affirm That the Church of Rome is and ever was a True Church since it was a Church II. Whereas in the same Homily it is likewise declared That the Church of Rome is not built upon the Foundation of the Prophets and Apostles and in the Eight and twentieth Article of the said Articles That Transubstantiation overthroweth the nature of a Sacrament and in the Five and twentieth of the same Article That five other reputed Sacraments of the Church of Rome are not to be accounted Sacraments yet contrary and repugnant hereunto he the said Richard Montague doth maintain and affirm in his Book aforesaid called The Answer to the Gagg That the Church of Rome hath ever remained firm upon the same Foundation of Sacraments and Doctrine instituted by God III. In the nineteenth of the same Article it is further determined That the Church of Rome hath erred not onely in their living and matters of Ceremony but also in matters of Faith He the said Richard Montague speaking of those Points which belong to Faith and good manners Hope and Charity doth in the said Book called The Gagg affirm and maintain That none of these are controverted in their Points meaning the Protestants and Papists and notwithstanding that in the One and thirtieth Article it is resolved That the Sacrifice of Masses in which as it is commonly said the Priest did offer Christ for the Quick and the Dead to have remission of Pain and Guilt too is a Blasphemous Fable and dangerous Deceit this being one of the Points controverted between the Church of England and the Church of Rome The said Richard Montague in his Book called The Gagg doth affirm and maintain That the controverted Points are of a lesser and inferior nature of which a man may be ignorant without any danger of his Soul at all a man may resolve to oppose this or that without peril of perishing for ever IV. Whereas in the second Homily Entituled Against Peril of Idolatry contained in the aforesaid Book of Homilies approved by the Seven and thirtieth mrticle aforementioned It is declared That Images teach no good Lesson neither of God nor Godliness but all Error and Wickedness He the said Richard Montague in the Book of Gagg aforesaid doth affirm and maintain
thereupon their Lordships will be pleased to take care that the Grand-Iury men either by Evidence or their own Knowledge indict them which are not already indicted before the end of the Assises and that their Lordships admit no Traverse unless the Persons convicted have first yeilded their bodies into the custody of the Sheriff as their Lordships know well all the Iudges with one voice resolved the Law to be 3 That there be special care taken of Schoolmasters and Teachers of any kinde who are Popish that they be presented and proceeded against 4. That their Lordships give knowledge to the Counties where they sit that the married Women who are Popish Recusants convicted by the Law ought to be committed to the Common-Goal without Bail unless their husbands redeem their liberty by the constant payment of 10 l. a moneth and that it must be executed Your Lordships ready to be commanded ROB. HEATH Inner-Temple Mar. 7. 1625. The Commons proceeded in the Examination of Grievances and had a Report made unto them That the reason wherefore our Merchants Ships and Goods were seised in France was by reason of Sir Iames Bagg Vice-Admiral for Cornwal and other mens dealings towards the French in seising upon their goods in several Ports in England and particularly the seising of the Ship called the Peter of New-haven and brought into Plymouth by order from the Lord Duke after the King and Council had ordered this Ship to be restored upon a just Claim and that the Court of Admiralty had also released her That till this action the French did not begin to seise any English Goods or Ships That twenty and three bags of silver and eight bags of gold were by Sir Francis Steward delivered to the Lord Duke the Duke having notice hereof said he would justifie the stay of the Ship by order from the King The Council of War appointed to manage the business for the relief of the Palatinate were called into the House of Commons and this Question was propounded unto them Whether their Advice was followed which they gave for the four Ends mentioned in the Act of Parliament 21 Iacobi for which the moneys given by that Act were to issue Lord Carey Earl of Totnes and Lord Brook desired to be excused from answering the Lord Vere said He had been much absent in the Low-Countries and could say little the Lord Grandison said that since Iuly last they had seldom met Sir Robert Mansel and Sir Iohn Oyle desired a Copy of the Question and that they might all confer together before they gave Answer to a Question of this Concernment Afterwards the same persons except the Lord Vere were called in again who gave unsatisfactory answers when they were pressed to deal clearly and fully in the business It was answered by some of them That they conceived by the Act of Parliament they were bound to make no other Answer then what they had done Others desired before they answered that they might have the Kings consent first That obtained and a special Order of the House requiring an Answer Sir Robert Mansel declared his readiness to give a cleer and full Account While matters were thus debated Mr Secretary Cook delivered a Message from the King to the Commons declaring his Majesties occasion for Supply This Message was strengthened by a Conference which the Lords desired with the Commons where William Earl of Pembrook represented the Affairs of Christendom how they stood before the breach of the Treaties with Spain and how at that present shewing That the condition of the Palatinate was nothing bettered That Count Mansfiels Army was raised for the diversion of the League Catholick in Germany That the King of Denmark had thereupon engaged himself to stand or fall in this Quarrel in case of Supplies That the Swedes were forward and lastly That his Majesty had made a strict Alliance with the Hollander upon these terms That they shall bear a fourth part of the expence of our Navy and onely have a fourth part of the spoils the Lands and Cities conquered to be the Kings The fruits of all rich advantages will be lost if a speedy Assistance be not resolved on The Commons not thinking fit to take into consideration the matter of Supply at present call for a Report from the Committee appointed to consider of the Causes and Remedies of Evils which being made by Mr Wandesford it was resolved That the Diminution of the Kingdom in strength and honor is a general Evil which we suffer under a second the increase and countenancing of Papists a third the not guarding of the narrow Seas a fourth Plurality of Offices in one hand a fifth sales of Honors and places of Judicature a sixth delivery up of Ships to the French a Seventh misimployment of three Subsidies and three fifteens c. And they further ordered That the Duke whom these Misdemenors especially reflected on have notice that the Commons House intend suddenly to resume the debate of these things and Mr Clement Cook said openly That it were better to die by an Enemy then to suffer at home The Lords at that time more readily complying with the Kings desires appointed a Committee to consider of the safety and defence of the Kingdom in general and particularly of the safeguard of the Seas the store of Ammunition and Arms and all things incident thereunto and of strengthening the Forts for this the King gave them thanks and desired them to proceed with alacrity The Committee of Lords made haste and reported their advice to the House That one Fleet be presently set to Sea against the King of Spain to annoy him and to prevent the Invasion of this Kingdom That another be set out to defend our own Coasts and the Merchants from Pirats and that consideration be had of maintaining the Armies under the King of Denmark and Count Mansfield but the House would give no opinion thereupon till they had Conference with the House of Commons which was desired upon this occasion To which Message the Commons onely returned this Answer That they desire to have a good correspondency with their Lordships and will be ever carefull of the safety and defence of the Kingdom and maintain their own priviledges as is fitting and immediately proceed with the debate concerning the Duke which was a little interrupted as well by a Letter of the Kings to the Speaker as by a Message delivered by Sir Richard Weston touching Supply King Charles to the Speaker Trusty and Welbeloved c. HAving assembled the Parliament early in the beginning of the year for the more timely help and advice of our People in our great and important Affairs and having of late not onely by Message but also of our self put our House of Commons in minde of our pressing occasions and of the present Estate of Christendom wherein they have equal interest with us as well in respect of their own former engagements
as of the common Cause we shall not need to tell them with what care and patience we have in the middest of our Necessities attended their Resolutions but because their unseasonable slowness may produce at home as ill effects as a Denial and hazard the whole Estate of things abroad we have thought fit by you the Speaker to let them know that without more loss of time we look for a full and perfect Answer of what they will give for our Supply according to our expectation and their promises wherein as we press for nothing beyond the present state and condition of our Subjects so we accept no less then is proportionable to the greatness and goodness of the Cause neither do we press them to a present Resolution in this with a purpose to precipitate their Counsels much less to enter upon their Priviledges but to shew that it is unfit to depend any longer upon uncertainties whereby the whole weight of the Affairs of Christendom may break in upon us upon the sudden to our dishonor and the shame of this Nation And for the business at home we command you to promise them in our Name that after they have satisfied us in this our reasonable Demand we shall not onely continue them together at this time so long as the season will permit but call them shortly again to perfect those necessary businesses which shall be now left undone and now we shall willingly apply â—it and seasonable remedies to such just Grievances which they shall present unto us in a dutifull and mannerly way without throwing an ill odor upon our present Government or upon the Government of our late blessed Father and if there be yet who desire to finde fault we shall think him the wisest reprehendor of errors past who without reflecting backward can give us counsel how to settle the present estate of things and to provide for the future safety and honor of the Kingdom The Heads of Sir Richard Westons Message for drawing a more speedy resolution from the House besides that formerly understood concerning the King of Denmark Count Mansfield and his Majesties Army in the Low-Countries were these I. THat his Majesties Fleet being returned and the victuals spent the men must of necessity be discharged and their wages paid or else an assured mutiny will follow which may be many wayes dangerous at this time II. That his Majesty hath made ready about forty ships to be set forth on a second voyage to hinder the Enemy which want onely victuals and some men which without present supply of money cannot be set forth and kept together III. That the Army which is appointed in every Coast must presently be disbanded if they be not presently supplied with victuals and clothes IV. That if the Companies of Ireland lately sent thither be not provided for instead of defending that Country they will prove the Authors of Rebellion V. That the season of providing healthfull victuals will be past if this Moneth be neglected And therefore his Majesty commanded me to tell you that he desired to know without futher delaying of time what supply you will give him for these his present occasions that he may accordingly frame his course and counsel Which Message produced this Answer from the Commons Most gracious Soveraign YOur Majesties Dutifull and Loyal Subjects the Commons now assembled in Parliament in all humility present unto your Royal wisdom this their Loyal Answer to the Message which your Majesty was pleased by the Chancellor of your Exchequer to send unto them desiring to know without any further deferring of time what Supply they would give to your Majesty for your present and extraordinary occasions that you might accordingly frame your Courses and Counsels First of all they most humbly beseech your Majesty to know and rest assured That no King was ever dearer to his people then your Majesty no people more zealous to maintain and advance the Honor and Greatness of their King then they which as upon all occasions they shall be ready to express so especially in the Support of that Cause wherein your Majesty and your Allies are now justly engaged And because they cannot doubt but your Majesty in your great wisdom even out of Justice and according to the Example of your most famous Predecessors will be pleased graciously to accept the faithfull and necessary Information and Advice of your Parliament which can have no end but the service of your Majesty and safety of your Realm in discovering the Causes and proposing the Remedies of these great Evils which have occasioned your Majesties Wants and your Peoples Grief They therefore in confidence and full assurance of Redress therein do with one consent propose though in former time such Course hath been unused that they really intend to assist and supply your Majesty in such a way and in so ample a measure as may make you safe at home and feared abroad for the dispatch whereof they will use such diligence as your Majesties pressing and present occasions shall require His Majesty makes this Reply to the Commons Answer Mr Speaker THe Answer of the Commons delivered by you I like well of and do take it for a full and satisfactory Answer and I thank them for it and I hope you will with all Expedition take a Course for performance thereof the which will turn to your own good as well as mine but for your Clause therein of presenting of Grievances I take that but for a Parenthesis in your Speech and not a Condition and yet for answer to that part I will tell you I will be as willing to hear your Grievances as my Predecessors have been so that you will apply your selves to redress Grievances and not to enquire after Grievances I must let you know that I will not allow any of my Servants to be questioned amongst you much less such as are of eminent place and neer unto me The old question was What shall be done to the man whom the King will honor but now it hath been the labor of some to seek what may be done against him whom the King thinks fit to honor I see you specially aim at the Duke of Buckingham I wonder what hath so altered your affections towards him I do well remember that in the last Parliament in my Fathers time when he was an Instrument to break the Treaties all of you and yet I cannot say all for I know some of you are changed but yet the House of Commons is alwayes the same did so much honor and respect him that all the honor conferred on him was too little and what he hath done since to alter or change your mindes I wot not but can assure you he hath not medled or done any thing concerning the Publick or Commonwealth but by special directions and appointment and as my Servant and is so far from gaining or improving his Estate thereby that I verily think he hath rather
impaired the same I would you would hasten for my Supply or else it will be worse for your selves For if any ill happen I think I shall be the last shall feel it Afterwards the Commons fell upon the Duke as the chief Cause of all Publick Miscarriages Doctor Turner a Physitian propounded in the House these Questions which were then commonly called Queries against the Duke of Buckingham and were grounded upon Publick Fame 1. Whether the Duke being Admiral be not the Cause of the loss of the Kings Royalty in the Narrow-Seas 2. Whether the unreasonable exorbitant and immense Gifts of Money and Lands bestowed on the Duke and his Kindred be not the Cause of impairing the Kings Revenue and impoverishing of the Crown 3. Whether the Multiplicity of Offices conferred upon the Duke and others depending upon him whereof they were not capable be not the Cause of the Evil Government of this Kingdom 4. Whether Recusants in general by a kind of Connivencie be not borne out and increased by reason of the Dukes Mother and Father-in-law being known Papists 5. Whether the Sale of Honors Offices and Places of Judicature and Ecclesiastical Livings and Promotions a scandal and hurt to the Kingdom be not through the Duke 6. Whether the Dukes staying at home being Admiral and General in the Fleet of the Sea and Land-Army were not the Cause of the bad success and overthrow of that Action And whether he did give good direction for that Design All these are famed to be so Hereupon two Questions were moved in Parliament 1. Whether the Six Heads delivered by Doctor Turner to be the Cause of the Evils that were grounded upon Common Fame be to be debated in Parliament 2. Whether an Accusation upon Common Fame by a Member of this House be a Parliamentary way It was declared by Sir Tho. Wentworth Mr. Noy and other Lawyers in the Debate That there was a difference between Common Fame and Rumor For the General voice Vox populi is Common Fame And if Common Fame might not be admitted as an Accuser Great men would be the onely safe men for no Private person dare adventure to enquire into their Actions But the House of Commons is a House of Information and Presentment but not a House of Definitive Judgment So the House came to this Resolution That Common Fame is a good ground of Proceeding for this House either by Enquiry or presenting the Complaint if the House finds cause to the King or Lords The Commons the next day proceeding in that Debate Sir Richard Weston delivered to the House this Message from his Majesty THat his Majesty had taken notice of a seditious Speech uttered in the House by Mr. Clement Cook The words are said to be to this effect That it were better to die by an Enemy then to suffer at home Yet his Majesty in his wisdom hath forborne to take any course therein or to send to the House about it not doubting but the House would in due time correct such an Insolence But his Majesty hath found that his patience hath wrought to an ill effect and hath imboldened one since to do a strange act in a strange way and unusual that is Doctor Turner who on Saturday last without any ground of knowledge in himself or Proof tendred to the House made an Enquiry of sundry Articles against the Duke of Buckingham as he pretended but indeed against the Honor and Government of the King and his late Father This his Majesty saith is such an Example that he can by no means suffer though it were to make Enquiry of the meanest of his Servants much less against one so neer unto himself and doth wonder at the foolish impudencie of any man that can think he should be drawn out of any end to offer such a Sacrifice much unworthy the greatness of a King and Master of such a Servant And therefore his Majesty can no longer use his wonted patience but desireth the Justice of the House against the Delinquents not doubting but such course will be taken that he shall not be constrained to use his Regal authority to right himself against these two Persons Upon this Message Doctor Turner made a short Explanation of himself desiring to know wherewith he was charged What he said he said the House can witness and what he said he spake for the general good of the Commonwealth and not upon the least reflection of any in particular This he thought a Parliamentary way warranted by antient Presidents To accuse upon Common Fame he finds warranted first by the Imperial Roman Laws and the Canons of the Church which allowed Common Fame sufficient to accuse any man And they that are learned amongst them give two reasons First for Greatness Next for Cunning. Our Ancestors within these walls have done the like and that to a Duke the Duke of Suffolk in the time of King H. 6. who was accused upon Fame And lastly he said Mr. Chancellor himself did present the Common Undertakers upon Particular Fame and why he should not have as ample priviledge in this place he knew no reason to the contrary The Commons having appointed another day for the Debate of this Business in the mean time came this Letter from Doctor Turner to the Speaker SIR THese Lines first Petition you to signifie to the Honorable House of Commons That my desires are still the same to have made my personal appearance before you but my ability and strength to perform it are not the same And therefore that I humbly desire them to excuse me on that part and to accept of this my Answer unto the matter I shall speak to I do confess that on Saturday last in the afternoon I did deliver in certain Accusations of Common Fame into the House of Parliament against my Lord Admiral and that out of so many all bearing the signiture of Vox populi I chose out some few not because they were greater or more known Grievances but because they did seem to direct us to find out the Griever or the first Cause For I did think it was then full time to agree the Agent and the Actions and that it was time also to leave considering Grievances in Arbitration I do now also agree unto you that which hath been reported unto you by Mr. Wandesford and by that if you shall think sit will put my self unto your Censure hoping and assuring my self that you will find my design to include nothing else within it but duty and publick service to my Country and also that my addressing those Accusations unto the House of Parliament shall by you be found to be done by a mannerly and Parliamentary way But howsoever it becomes me to submit my Cause to your Wisdoms and equal Iudgments which I do heartily and whatsoever you shall please to appoint me I shall dutifully satisfie when God shall be pleased to restore me able to attend your service I doubt
good or evil they are to continue or not to be And remember that if in this time instead of mending your Errors by delay you persist in your Errors you make them greater and irreconcileable Whereas on the other side if you do go on cheerfully to mend them and look to the distressed State of Christendom and the Affairs of the Kingdom as it lieth now by this great Engagement you will do your selves honor you shall encourage me to go on with Parliaments and I hope all Christendom shall feel the good of it The Commons upon the Debate of what fell from his Majesty and the Lord Keeper turned the House into a Grand Committee ordered the doors to be locked and no Member to go forth and that all Proceedings in all other Committees shall cease till the House come to a Resolution in this business His Majesty being informed that some things in his own Speeches and the Lord Keepers Declaration were subject to misunderstanding commanded the Duke to explain them at a conference of both Houses in the Painted-Chamber held for that purpose WHereas it is objected by some who wish good Correspondency betwixt the King and People that to prefix a day to give or to break was an unusual thing and might express an inclination in the King to break to remove this as his Majesty was free from such thoughts he hath descended to make this Explanation That as his Majesty would not have you condition with him directly or indirectly so he will not lye to a day for giving further Supply but it was the pressing occasion of Christendom that made him to pitch upon a day His Majesty hath here a Servant of the King of Denmark and another from the Duke of Weymer and yesterday received a Letter from his Sister the Queen of Bohemia who signified that the King of Denmark hath sent an Ambassador with Power to perfect the Contract which was made at the Hague so it was not the King but time and the things themselves that pressed a time Therefore his Majesty is pleased to give longer time hoping you will not give him cause to put you in minde of it again so that you have a greater Latitude if the business require to think further of it I am commanded further to tell you that if his Majesty should accept of a less sum then will suffice it will deceive your expectations disappoint his Allies and consume the Treasure of the Kingdom whereas if you give largly now the business being at the Crisis it comes so seasonably it may give a Turn to the Affairs of Christendom But while we delay and suffer the time to pass others abroad will take advantage of it as the King of Spain hath done by concluding a Peace as 't is though in Italy for the Vatoline whereby our work is become the greater because there can be no diversion that way As it was a good Rule to fear all things and nothing and to be Liberal was sometimes to be Thrifty so in this particular if you give largly you shall carry the War to the Enemies door and keep that Peace at home that hath been Whereas on the contrary if you draw the War home it brings with it nothing but disturbance and fear all Courses of Justice stopt and each mans Revenues lessened and nothing that can be profitable Another Explanation I am commanded to make touching the grievances wherein his Majesty means no way to interrupt your Proceedings but hopes you will proceed in the antient wayes of your Predecessors and not so much seek faults as the means to redress them I am further commanded to tell you That his Majesty intends to elect a Committee of both Houses whom he will trust to take the view of his Estate the Defects whereof are not so fit for the Eyes of a Multitude and this Committee will be for your ease and may satisfie you without casting any ill odour on his Government or laying open any weakness that may bring shame upon us abroad That which is proposed is so little that when the payment comes it will bring him to a worse estate then now he is in therefore wishes you to enlarge it but leaves the augmentation to your selves but is sorry and touch'd in Conscience that the burthen should lie on the poorest who want too much already yet he will not prescribe but wish that you who were the Abettors and Counsellors of this War would take a greater part of the Burthen to your selves and any man that can finde out that way shall shew himself best affected and do the best service to the King and State The Duke then made his Address to them in his own behalf My Lords and Gentlemen YOu were all witnesses yesterday how good and gratious a Master I serve and I shall be likewse glad that you be witnesses how thankful a heart I have And I protest I have a heart as full of zeal to serve my Master as any man and it hath been my study to keep a good correspondency betwixt the King and his people And what ever thought hath been entertained of me I shall not alien my heart from that intention but shall adde spurs to my endeavours and actions to vindicate my self from ill opinion And however I lye under the burthen of the same it lies in your hands to make me happy or not and for my part I wish my heart and actions were known to you all then I assure my self you would resume me to your good opinions When I had with some hazard waited on my Master into Spain it is well known what Testimony I gave of my Religion and no man that comes to a true and near view of my action can justly charge me Let me be excused If I give accompt of this particular when I should speak of the general for this goes near my heart and to dissemble with my Conscience no ends of Fortunes in the World can make me do it For if I had any ill inclination I had such offers made to me in Spain as might have tempted me If I would have been converted my self I might have had the Infanta to put in my Masters Bed and if my discontent should have risen here I might have had an Army to have come with me But I thought the offer foolish ridiculous and scornful in that point of Religion I will now take the boldness to speak a little in the general business and I call it boldness to speak after one who did so well the other day But I had rather suffer in my own particular then not refresh your Memories with that which is materially needful I shall not need to reflect so far back as to the beginning of those Counsels which engaged my Master into the War they are well known onely I will so far touch it as to say That the last years preparations were not Voluntary or out of Wantonness but out of Necessity My Master
the Clink But I am of opinion that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Iesuites for they do nothing but put tricks on these poor men who do live more miserable lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it And once there was a plot to have taken Preston as he passed the Thames and to have shipt him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him In respect of these things King James always gave his protection to Preston and Warrington as may be easily shewed Cannon is an old man well-affected to the Cause but medleth not with any Factions or Seditions as far as I can learn They complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the house but may be restored again unto them For it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their prayers I leave the things to your best consideration and hope that this Deed of yours together with my Word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very loving Friend G. Canterbury By this time the Commons had prepared an Humble Remonstrance to the King in Answer to his Majestie 's and the Lord Keeper's Speech Most Gracious Soveraign WHereas your Majesty hath béen pleased of late at sundry times and by several means to impart unto us your Royal pleasure touching some passages and procéedings in this present Parliament We do first with unspeakable joy and comfort acknowledge your Majesties grace and favor in that it hath pleased you to cause it to be delivered unto us by the Lord Kéeper of your Great Seal in your own Royal presence and before both Houses of Parliament That never King was more loving to his people nor better affected to the right use of Parliaments withal professing your most gracious resolution to hear and redress our just Grievances And with like comfort we acknowledge your Majesties goodness shining at the very entrance of your glorious Reign in commanding the Execution of the Laws established to preserve the true Religion of Almighty God in whose service consisteth the happiness of all Kings and Kingdoms Yet let it not displease your Majesty that we also express some sense of just Grief intermixed with that great Ioy to sée the careful procéedings of our sincere Intentions so misreported as to have wrought effects unexpected and we hope undeserved First touching the Charge against us in the matter concerning Mr. Cook We all sincerely protest That neither the words mentioned in your Maiesties Message nor any other of seditious effect were spoken by him as hath béen resolved by the House without one Negative voice Howsoever in a Spéech occasionally uttered he let fall some few words which might admit an ill construction whereat the House being displeased at the delivery of them as was expressed by a general and instant Check he forthwith so explained himself and his intention that for the present we did forbear to take them into consideration which since we have done And the effect thereof had before this appeared if by important businesses of your Maiesties service we had not béen interrupted The like interruption did also befall us in the Case of Doctor Turner wherein the Question being formerly stated a Resolution was ordered to have béen taken that very day on which we received your Maiesties command to attend you But for our own procéedings We humbly beséech your Maiesty to be truly informed That before that Overture from Doctor Turner out of our great and necessary care for your honor and welfare of your Realm We had taken into serious Consideration the Evils which now afflict your people and the Causes of them that we might apply our selves unto the fittest remedies In the pursuit whereof our Committées whatsoever they might have done have in no particular proceeded otherwise then either upon ground of knowledge in themselves or proof by examination of Witnesses or other Evidence In which course of service for the publick good as we have not swerved from the Parliamentary ways of our Predecessors so we conceive that the discovery and reforming of Errors is so far from laying an aspersion upon the present Time and Government that it is rather a great honor and happiness to both yielding matter to great Princes wherein to exercise and illustrate their noblest vertues And although the grievous Complaints of the Merchants from all parts together with the Common service of the Subiects well-affected to those who profess our Religion gave us occasion to debate some businesses that were partly Forein and had relation to affairs of State yet we beseech your Maiesty to rest assured it was exceeding far from our intention either to traduce your Counsellors or disadvantage your Negotiations And though some examples of great and potent Ministers of Princes heretofore questioned in Parliament have been alleadged yet was it without paralleling your Maiesties Government or Councils to any Times at all much less to Times of Exception Touching the Letter of Your Majesties Secretary it was first alleaged by your Advocate for his own Iustification and after by direction of the Committée produced to make good his Allegation And for the search at the Signet Office the Copy of a Letter being divulged as in your Majesties Name with pregnant cause of suspition both in the Body and Direction thereof to be supposititious the Committée out of desire to be cléered therein did by their Order send some of themselves to the Signet Office to search whither there were any Records of Letters of that nature without Warrant to the Officer for any much less for a general search But touching Publick Records we have not forborn as often as our businesses have required to make search into them wherein we have done nothing unwarranted by the Laws of your Realm and the constant usage of Parliaments And if for the ease of their Labors any of our Committées have desired the help of the Officers Repertories or Breviats of Direction We conceive it is no more then any Subject in his own affairs might have obtained for ordinary Fées Now concerning Your Majesties Servants and namely the Duke of Buckingham We humbly beséech Your Majesty to be informed by us your Faithful Commons who can have no private end but your Majesties Service and the good of
our Countrey That it hath béen the antient constant and undoubted Right and Usage of Parliaments to question and complain of all persons of what degree soever found grievous to the Commonwealth in abusing the power and trust committed to them by their Soveraign A course approved not onely by the examples in your Fathers days of famous memory but by frequent presidents in the best and most glorious Reigns of your Noble Progenitors appearing both in Records and Histories without which liberty in Parliament no private man no servant to a King perhaps no Counsellor without exposing himself to the hazard of great enmity and prejudice can be a means to call great Officers into question for their misdemeanors but the Commonwealth might languish under their pressures without Redress And whatsoever we shall do accordingly in this Parliament we doubt not but it shall redound to the Honor of the Crown and welfare of your Subjects Lastly We most humbly beseech Your Majesty gratiously to conceive that though it hath been the long Custom of Parliaments to handle the matter of Supply with the last of their businesses yet at this time out of extraordinary respect to your Person and care of your Affairs We have taken the same into more speedy consideration and most happily on the very day of your Majesties Inauguration with great alacrity and unanimous consent After a short Debate we grew to the Resolution for a present Supply well-known to your Maiesty To. which if Addition may be made of other great things for your Service yet in Consultation amongst us we doubt not but it will appear That we have not receded from the Truth of our first Intention so to supply you as may make you safe at home and feared abroad especially if your Maiesty shall be pleased to look upon the way intended in our promise as well as to the measure of the gift agreed With like humility we beseech your Majesty not to give ear to the officious reports of private persons for their own ends which hath occasioned so much loss of time nor to judge our proceedings whilst they are in agitation but to be pleased to expect the issue and conclusion of our labors which we are confident will manifest and justifie to your Majesty the sincerity and Loyalty of our hearts who shall ever place in a high degree of happiness the performing of that duty and service in Parliament which may most tend to your Majesties Honor and the good of your Kingdom Unto this Remonstrance the King said He could give no present answer but desired the House to adjourn for a week as the Lords had done and they adjourned accordingly In the interim it was intimated in Writing to the Duke that he should procure his Majesty to signifie to a certain number of Lords that he hath endeavored to divert the Charge against the Duke because his Majesty hath had sound knowledge and experience of his service and fidelity That his Majesty may let them know that he is now pleased to reveal some secrets and mysteries of State That the King his Father finding the Palatinate more then in danger to be lost and his Majesty being in Spain and there deluded and his abode and return both unsafe it was a necessity of State to sweeten and content the Spaniard with the hope of any thing which might satisfie and redeem those Engagements And that therefore the King willed the Duke to yield discreetly to what he should find they most desired and this was chiefly the point of Religion So as in this and all of the like kind the Duke upon his Majesties knowledge was commanded and but the Instrument trusted by the King in this Exigent or if you will say Extremity Upon the same ground though not in so high a degree the sending of the Ships to Rochel may be excused Touching the vast Creation of Nobility his Majesty may declare that his Father who was born a King and had long experience of that Regiment found that this State inclined much to popularity and therefore thought fit to enlarge the number of his Nobles that these being dispersed into several Counties might shine as Lamps of Soveraignty in protecting their own degrees and at their own chaâ—â—e inure the people with respect and obedience to greatness And the King may protest that this was a child of his Fathers best Judgment and the Duke the Instrument thereof And if you say there was money many times given for these Honors nay if you say that money hath been given for places of Clergy and Judicature take this of me it is so in all other Countreys as in France and Spain c. though I am not satisfied in this opinion And if it be said the King should have had the money which the Duke took to his own use I beleeve this last may the King say is more then any man can prove Neither will I deliver what I know therein onely this I will say I know the Dukes particular service and affection towards me and that he and his will lay down themselves and all they have at my feet Is it for a King to use his Servant and Instrument as he doth his Horses and being by hard riding in his service foundred and lame to turn them out to Grass or to the Cart I must therefore may the King say in right of the King my Fathers Honor protect a man though justly seeming guilty yet in my own knowledge innocent Will you therefore deny the King to favor whom he pleaseth which the King never denied to you that are his Subjects Well commend me to my Lords and tell them that if any thing hath been formerly done amiss by others I have power and will to redress it and to prevent the like At this time the King commanded all the Bishops to attend him and when they were come before him being fourteen in number he reprehended them that in this time of Parliament they had not made known unto him what might be profitable for the Church whose cause he was ready to promote And he laid this Charge upon them that in the Cause of Bristol and Buckingham their Consciences being their Guides they should follow onely proofs and not rumors The Commons sent again to the Duke by Sir Iohn Epsley to let him know that they were passing Articles against him and that they had given the Messengers leave to take Notes thereof out of the Clerks Book whereof he might take a Copy if he pleased and that they expected his Answer that day before ten of the Clock if he pleased to send any This the Duke signified to the Lords who did not think fit that he should answer as appears by the ensuing Report made by Sir Iohn Epsley This day his Grace gave us this Answer after he had moved the Lords that he should with great care make all due acknowledgment of your respect and favors in giving him this notice
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
his late Majesty was pleased to give order to the Duke and Earl to proceed in the Business which his said Majesty would not have Treated till the said Marriage was concluded as will appear by a Letter of his said late Majesty joyntly to the Duke of Buckingham and the said Earl of the 23 Iuly 1623. Secondly It will appear by Letters of the said Lord Conway to the Duke of Buckingham bearing date September 4. 1623. That the said Duke had good assurance of the Conclusion of the said Match and upon this confidence were all things put in due execution in England as had been Capitulated And the Lord Conway and others faithfully agreed and setled all the Points of Immunity and Liberty for the Roman Catholicks for the use of their Religion as was set down in the Declaration August 9. 1623. hereafter mentioned in the Answers to the Fifth Article of this Charge Thirdly the very day his now Majesty and the Duke of Buckingham departed from the Escurial in Spain towards England the said Duke solemnly swore the Treaty of the said Marriage and the furtherance of it all that should be in his power upon the holy Evangelists in the presence of the said Earl and Sir Walter Aston Fourthly The Treaty of the said Marriage had been formerly signed sealed and solemnly sworne by the King of Spain And when his Majesty and that King took their leaves he did solemnly in the words of a King faithfully and punctually protest to perform all that had been capitulated in the Treaty of Marriage and thereupon imbraced his Majesty at his departure and sent the very next day a Letter written all with his own hand to his Majesty vowing and protesting to make all good that he had capitulated or promised unto his Majesty at his departure the day before So that if there were no true meaning on the part of Spain to make the Marriage as by Mr. Attorney is pretended yet certainly the Earl hath not been sleightly deceived neither can it be as he conceiveth any fault in him since not only his late Majesty but also his Majesty that now is and the Duke of Buckingham being then both upon the place did confidently believe and that upon other grounds then misinformations suggestions and perswasions of the said Earl that the Marriage was really intended And to that effect both his late Majesty of blessed memory and his most Excellent Majesty that now is after his return into England wrote unto him the said Earl several Letters assuring him that their intents and pleasures were to have the said Match proceeded in and thereupon the Proxies of his Majesty then Prince were again inrolled and sent unto the said Earl So that the said Earl having so many and so great causes to be assured that the Match was really intended on both sides he conceiveth it will be hard for Mr. Attorney to make good that part of his Charge wherein he affirmeth that the Earl should know the contrary or the Assurance to be upon false grounds as in the said Article is alleadged II. To the Second Article He directly denieth all the supposed Offences wherewith he stands charged by the said Article And for a clear declaration and manifestation of the truth and manner of his proceedings He saith First as to the continuing the Treaties upon Generalities That the Temporal Articles were by Agreements on both sides not to be treated or setled until such time as the Articles of Religion were fully agreed on For that it was held most proper and honorable for both sides first to see if the Difficulty of Religion might be removed before they passed to any further Engagements And the said Articles of Religion by reason of the Popes new Demands sent into England by Mr. Gage were not signed nor condescended unto by his late Majesty nor his Majesty that now is then Prince until Ian. 5. 1622. and were then sent away in Post out of England to the said Earl by Mr. Simon Digby who arrived with them at Madrid in Spain about the 25. of the same moneth But the Earls care was such to have no time spent in the setling of the Temporal Articles that before he would condescend so much as de bene esse unto the Articles of Religion that they should be sent back to Rome he procured the King of Spain to promise That within the time limited for procuring the Desponsories which was by March or April following the furthest all the Temporal Articles should be setled and agreed to the end that the Infanta might be delivered at the Spring as by the King of Spain his Answer in writing was declared to be the Kings intention And accordingly Sir Walter Aston and the said Earl did not deal in general but did most industriously labor to settle all in particular viz. That the Portion should be Two Millions it appearing that it was so agreed by the late King of Spain That the Dispensation coming the Desponsories should be within Forty days after And that Don Duarte de Portugal should be the man that should attend the Infanta in the Journey And all other Particulars necessary for the Conclusion of the said Treaties were by Sir Walter Aston and the said Earl and the Spanish Commissioners drawn up into heads in writing and after many Debates they were consulted with that King and 2 Martii 1623. stilo vet the Conde Gondomar and the Secretary Don Andreas de Prada were appointed to come home to the house of the said Earl to signifie unto Sir Walter Aston and himself as they did That the King of Spain had declared his resolution in all the Particulars and given them order to come to a speedy Conclusion with them in all things And that Kings Answer to that Conclusion the Earl saw and read all written with the King of Spain's own hand On the seventh day of the said moneth of March 1623. the Kings Majesty then Prince and the Duke of Buckingham arrived at Madrid And then the Spaniards took new laws and the Negotiation was put into a new form So that whereas it is objected against the Earl that he entertained and continued the Treaties so long upon Generalities He conceives it is not meant upon the Spiritual Articles for they were such as were sent from Rome into England and from thence they came to the Earl And for the Temporal Articles they were not to be setled and treated till the Articles of Religion were concluded He conceiveth it cannot be alleadged with any colour that his Majesty was entertained with Generalities since the time that the said Articles of Religion were brought unto the said Earl by Mr. Simon Digby being about the 25. of Ianuary There were but six weeks until March 7. following when his Majesty then Prince arrived in Madrid and in the interim all the above-mentioned Particulars were setled And the time that hath been spent in this Treaty hath not been through his the said Earls
but other Motives that were the original cause of his Majesties said journey as shall be sufficiently made apparent in due time And the said Earl having got an inkling of it by something that was let fall from the Conde Gondomar to that purpose instantly dispatched away Mr. Grisley to his late Majesty to have this journey prevented who upon the Confines of France met with his Majesty and the Duke of Buckingham on his journey towards Spain and told them as much So that although he confesseth what is laid in the Charge to be true viz. That by the said journey the person of the Prince the peace and safety of the Kingdom did undergo further danger at the remembrance thereof the hearts of all good Subjects do tremble yet the blame is due to the Authors and Advisers of the same journey and not to the said Earl And although it pleased God to the exceeding great joy and comfort of the said Earl and of all good men to send his gratious Majesty home with safety yet never was the person of any Prince upon such grounds exposed to so great an hazard and in such Cases not the Success but the Counsellors are considerable VII To the Seventh Article the said Earl saith That he did not move or perswade his Majesty then Prince to change his Religion neither in the manner in the said Article mentioned nor in any other manner whatsoever Neither doth he conceive that the charge in it self as it is laid will in any reasonable construction bear any such inference as is made therein so as he conceiveth he needeth not make any further or other Answer thereunto Yet that it may appear that the manner he used to the said Prince was not traiterously falsly or cunningly nor without ground or to any such intent as in the said Article is supposed And to manifest unto this most high and honorable Court how far he was from all such intention he saith That he doth acknowledge that within few days after his Majesties coming into Spain whilst he had that great honor to have his Majesty lodged in his House and to have so Royal a Guest finding by the Spanish Ministers That there was a general opinion that his Majesties coming thither was with an intention to become a Roman Catholick and the Conde Gondomar having that very morning pressed the Earl not to hinder so pious a work as he termed it of his Majesties Conversion and seeming to be assured of the Duke of Buckinghams assistance therein his Majesty being all alone in a withdrawing Room in the said Earl his House the said Earl kneeled unto him and told him That he had a business to impart unto him which highly imported his Majesty to know so that he might be assured his boldness therein might be pardoned which his Majesty gratiously promised And thereupon the said Earl told his Majesty That the general opinion of that Court was that his Majesties coming into Spain was with an intention to be a Roman Catholick and there to declare it And he confesseth That at the same time in regard of those things he had heard he humbly besought his Majesty to deal freely with him as a Servant of whose fidelity he might be confident or words to that effect But he was so far from perswading his Majesty to be a Roman Catholick that without respecting his Majesties Answer he declared himself to be a Protestant and so should always continue yet he said he should always serve his Majesty and labor to advance his and the King his Fathers affairs with as much fidelity and honesty as any Catholick whatsoever And his Majesty was pleased then to make unto the said Earl a full and clear Declaration of his Religion and of his constant resolution therein and seemed to be much displeased that any should have so unworthy an opinion of him as to think he would for a Wife or any other Earthly respect whatsoever so much as waver in his Religion Whereupon the said Earl besought his Majesty to pardon his boldness and then intreated him not to suffer his business to be overthrown by permitting that conceit of his Conversion any longer to remain in the Spaniards nor do any thing that might give them hope therein alleaging That it was impossible the Marriage could be without a Dispensation and so long as the Spaniards who were to procure the Dispensation should have hope of his Majesties Conversion they would never content themselves with a part to which they were tied by the Articles agreed upon with the said Earl and Sir Walter Aston At which time his Majesty was pleased to approve of his opinion and said he would expect the Dispensation and did thereupon afterwards send Mr. Andrews to Rome to hasten it and the next day the said Earl dealt very roundly with the Conde Olivares and Gondomar telling them it was a discourteous manner of proceeding to press his Majesty to further Conditions then were formerly agreed upon in point of Religion and to make his Conditions the worse for the great Obligation he had put upon them by putting himself into their hands whereat they took such great offence that they estranged themselves from him for a long time after And that the said Earl did thus proceed with the said Condes and that it was not a new framed Answer to satisfie present Objections but that which really and indeed passed will really appear by his Dispatches unto his late Majesty of Blessed Memory and before his Majesty that now is came out of Spain they were there shewed unto his Majesty bearing date the Nineth of September 1623. So that although it be true That he the said Earl did not disswade his Majesty for that there was no cause for it yet without expecting his Majesties Answer he first made a clear and true Profession of his own Religion And when his Majesty had declared to him his zeal and constancy he humbly besought him That the Spaniards might not for any respect be longer held in hopes of that point And because point of Religion is that which all men of honor and honesty should cheifly desire to clear especially having an imputation of that nature laid upon them as the said Earl hath in the said Article He humbly beseecheth your Lordships that he may not seem to digress from his Charge intending your Lordships satisfaction in that particular not by the aforesaid verbal discourse onely which he professeth was in much zeal to Religion and dutiful care to the Prince in that kinde but by some written Testimony of his former Opinion both of the Match and Religion When he was first employed into Spain for the Treaty of this Marriage 1617. his late Majesty having commanded him to give an accompt thereof unto his Majesty that now is he at his departure towards Spain presumed to give unto his Majesty that now is his opinion in Writing signed with his own hand to be kept as a testimony
King so straitned in time as by the said Article is pretended will appear by the said Earls Dispatch of September 28. 1623. In which upon scruple that was then made of the Infanta's entring into Religion he wrote to the same effect Viz. That if the Dispensation should come he knew no means how to detain the Proxies above twenty or twenty four dayes So that although difficulty happened until the middest of November 1623. yet it was foreseen that it must of necessity happen whensoever the Dispensation should come and then was warning of two moneths given thereof viz. from September 24. until November 29. which was the time appointed for the Desponsories So as he most humbly submits himself unto your Lordships which of the two wayes was the safer or dutifuller for him to take whether upon inferences and conjectures to have overthrown so great a business or on the otherside first to have presented unto his Majesty the truth and sincerity as he did the true estate of his Affairs with his humble opinion therein with an intimation that if his Majesty should resolve to break the Match that for the said Earl his honest discharge of the publick Trust reposed in him when the Proxies were deposited in his hands and for his sufficient warrant in so great a cause his Majesty would be graciously pleased to give him clear and express order which he had not and in the interim whilest his Majesty might take into consideration the great inconveniences that might ensue the said inconveniences might be suspended and the business kept upon fair terms that his Majesty might have his way and choice clear and unsoiled before him And as to the evil Consequences which are pretended would have followed if the said Earl had proceeded to the consummation of the Match before he had express order and warrant to the contrary he supposeth his Majesty should speedily have seen the Marriage which he so long sought to have effected that the Prince should have had a worthy Lady whom he loved that the Portion was much greater then ever was given in money in Christendom that the King of Spain had engaged himself for restitution of the Palatinate for which the said Earl conceived a daughter of Spain and Two Millions had been no ill pawn besides many other additions of advantage to the Crown of England Whereas on the contrary side he foresaw that the Prince would be kept a year longer unmarried a thing that so highly concerneth these Kingdoms he doubteth that the recovery of the Palatinate from the Emperor and Duke of Bavaria by force would prove a great difficulty and that Christendom was like to fall into a general Combustion So that desiring that his Majesty should have obtained his ends and have had the honor and happiness not onely to have given peace plenty and increase unto his own Subjects and Crowns but to have compounded the greatest differences that had been these many years in Christendom And by his Piety and Wisdom to have prevented the shedding of so much Christian Blood as he feared would ensue if these businesses were disordered These Reasons he confesseth and the zeal unto his Majesties service made him so earnestly desire the effecting of this business and cannot but think himself an unfortunate man his Majesties affairs being so near setling to his Majesties content as he conceived they were and hoping to have been unto his Majesty not onely a faithful Servant but a successful Servant to see the whole estate of his affairs turned up-side down without any the least fault of his and yet he the onely Minister on the English and Spanish side that remained under disgrace XI To the Eleventh Article the said Earl saith That the Article is grounded upon a Petition by him preferred to this Honorable House supposed to be scandalous which your Lordships as he conceiveth according to the Customs and Priviledges of the House of Peers would have been pleased first to have adjudged so to have been either for matter appearing in it self or upon hearing the said Earl for if the matter appearing in the Petition it self be not to be excepted unto it cannot as he conceiveth by Collateral accidents be taken for a Scandal till it be examined and found false For a plain and direct Answer thereunto he saith That the said Petition is such as will not warrant any such inference as by the said Article is inforced And that he hopeth to justifie the Contents of the said Petition in such sort as shall not displease his Majesty nor deserve that expression which is used in the Charge but contrarily what he hath said or shall say therein in his defence shall in all things tend to the Honor and Service of his Majesty by reducing into his Memory divers Circumstances and laying before him the passages of divers particulars which by undue practices have been either concealed from his Majesty or mis-related to him Having thus offered to this High and Honorable Court such Proofs and Reasons as he hopeth shall in your Lordships Wâ—sdom and Justice clearly acquit him of any capital Crime or wilful Offence if it shall appear that out of Errors of Judgment too much ferventness of zeal to his Majesties service or the ignorance of the Laws of this Realm wherewith he hath not been able to be so well acquainted as he ought by reason of Foreign Employments by the space of many years or by any other ways or means he hath faln into the danger of the Laws for any thing pardoned in the General Pardon made in the Parliament holden at Westminster Anno Vicesimo primo Regni Imp. Iacobi Angliae c. of Blessed Memory he humbly prayeth allowance of the Pardons and the benefit thereof with this Clause That he doth and will aver that he is none of the persons excepted out of the same although he is very confident he shall not need the help of any pardon having received many significations as well from his Majesties own mouth that he had never offended his Majesty as lately by several Letters from the Lord Conway that he might rest in the security he was in and sit still and should be no further questioned But he hopes your Lordships will not onely finde him so far from blame but that he hath served his late Majesty of Blessed memory and his most gratious Son the Kings Majesty that now is with that fidelity care and industry that your Lordships will take such course as you in your wisdoms shall think fit not onely for the upholding the Honor and Reputation of a Peer of this Realm after so many employments but likewise become humble and earnest Suitors to his Majesty on his behalf which he humbly prayeth That he may be restored to his Majesties most gratious Favor which above all worldly things he most desireth The Eighth of May the Commons brought up their Charge against the Duke which was delivered at a Conference of both Houses
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
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
his Covetousness and therefore their Lordships need not wonder if the Commons desire and that earnestly to be delivered from such a Grievance That this complaint and proceedings of theirs may appear to be suitable to the proceedings of their Predecessors in like Cases he alleaged three Presidents which he said were Presidents in kinde but not in proportion because there hath never been the like The first 10 Rich. 2. in the Complaint against Michael de la Pool Earl of Suffolk out of which he took Three Articles the first That being Chancellor and sworn to the Kings profit he had purchased divers Lands from the King more then he had deserved and at an under rate yet this was thought to be an offence against the State The second That he had bought of one Tydman an Annuity of Five hundred pound per annum which Grant was void by the Laws yet he being Chancellor procured the King to make it good by a new Grant upon Surrender of the old This was complained of in Parliament and there punished The third Whereas the Master of St. Anthonies being a Schismatick had forfeited his Possessions into the Kings hand this Earl took them in Farm at Twenty Marks a year converting the overplus which was One thousand Marks to his own profit which should have come to the King The next President II Rich. 2. in the Judgment against Robert de Vere of Oxford and others out of which he took two Articles the Fifth and the Seventh The Fifth was for taking Mannors and Lands annexed to the Crown whereby they themselves were inriched and the King made poor the Seventh was for intercepting the Subsidies granted for the defence of the Kingdom The third President is that of 28 Hen. 6. in the Parliament Roll out of the Complaint against William de la Pool Duke of Suffolk Article 29. That he being next and primest of Council to the King he had procured him to grant great Possessions to divers persons whereby the King was much impoverished the expence of his House unpaid Wages Wardrobe Castles Navy Debts unsatisfied and so by his subtile Council and unprofitable Labor the Revenues of the Crown and the Dutchy of Lancaster and other the Kings Inheritances so much diminished and the Commons of the Kingdom so extreamly charged that it was near to a final destruction The fourth was That the Kings Treasure was mischievously distributed to himself his friends and well-willers so that for lack of Money no Army nor Ordnance could be provided in time and because these great persons were not brought to judgment upon these Articles alone but for other misdemeanors he made this observation That ravening upon the Kings Estate is always accounted with other great faults that deserve judgment Then he said he had done with that which had been left to him and so he left the Duke to their Lordships Justice That as he had exceeded others in this Offence so he might not come behinde them in punishment And so he humbly desired their Lordships to be pleased to pardon his Delivery and to give a favorable censure of him Lastly The Thirteenth Article was read XIII Whereas especial care and order hath been taken by the Laws of the Realm to restrain and prevent the unskilful Administration of Physick whereby the health and life of men may be much endangered And whereas most especially the Royal Persons of the Kings of the Realm in whom we their Loyal Subjects humbly challenge a great interest are and always have been esteemed by us so sacred that nothing ought to be prepared for them or administred unto them in the way of Physick or Dyet in the times of their sickness without the consent and direction of some of their sworn Physitians Apothecaries or Surgeons And the boldness of such how near soever to them in place and favor who have forgotten their Duties so far as to presume to offer any thing unto them beyond their experience hath been always ranked in the number of high Offences and Misdemeanors And whereas the sworn Physitians of our late Soveraign Lord King Iames of Blessed memory attending on his Majesty in the moneth of March in the Two and twentieth year of his most glorious Raign in the times of his sickness being an Ague did in due and necessary care of and for the recovery of his health and preservation of his Person upon and after several mature Consultations in that behalf had and holden at several times in the same moneth resolve and give directions That nothing should be applied or given unto his Highness by way of Physick or Dyet during his said sickness but by and upon their general advice and consents and after good deliberation thereof first had more especially by their like care and upon like consultations did justly resolve and publickly give warning to and for all the Gentlemen and other Servants and Officers of his said late Majesties Bed-chamber That no Meat nor Drink whatsoever should be given unto him within two or three hours next before the usual time of and for the coming of his Fit in the said Ague nor during the continuance thereof nor afterwards until his cold Fit were past The said Duke of Buckingham being a sworn Servant of his said late Majesty of and in his Majesties said Bed-chamber contrary to his duty and the tender respect which he ought to have had of his Majesties most Sacred Person and after the Consultations Resolutions Directions and Warning aforesaid did nevertheless without any sufficient warrant in that behalf unduly cause and procure certain Plaisters and a certain Drink or Potion to be provided for the use of his said Majesty without the direction or privity of his said late Majesties Physitians not prepared by any of his Majesties sworn Apothecaries or Chirurgeons but compounded of several ingredients to them unknown Notwithstanding the same Plaisters or some Plaister like thereunto having been formerly administred unto his said Majesty did produce such ill effects as that some of the said sworn Physitians did altogether disallow thereof and utterly refused to meddle any further with his said Majesty until these Plaisters were removed as being hurtful and prejudicial to the health of his Majesty yet nevertheless the same Plaisters as also a Drink or Potion was provided by him the said Duke which he the said Duke by colour of some insufficient and slight pretences did upon Monday the One and twentieth day of March in the Two and twentieth year aforesaid when his Majesty by the judgment of his said Physitians was in the declination of his Disease cause and procure the said Plaisters to be applied to the Brest and Wrists of his said late Majesty And then also at and in his Majesties Fit of the said Ague the said Munday and at several times within two hours before the coming of the same Fit and before his Majesties then cold Fit was passed did deliver and cause to be delivered several quantities of the
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
aside and that Consideration might be had how their Priviledges may be preserved unto posterity And the House was put into a Committee for the freer Debate thereof and afterwards resumed And it was ordered That the House be adjourned till to morrow and all businesses to cease The 26. of May the Lord Keeper delivered this Message from the King to the House of Lords viz. THat his Majesty hath willed him to signifie unto their Lordships That he doth marvel his meaning in his last Answer should be mistaken And for the better clearing of his intention hath commanded him to signifie unto their Lordships his further Answer which is That their Lordships last Petition was so acceptable to his Majesty that his intent was then and is still to satisfie their Lordships fully in what they then desired Whereupon it was ordered That all businesses be adjourned till that day seven night At the same time the Duke of Buckingham signified unto their Lordships his desire to have the Kings Council allowed him to plead his cause But the Lords would not hear him because they would entertain no business And so the House was adjourned to the second of Iune At which time the House sitting again the Lord Keeper delivered this Message from the King to the House of Lords viz. HIs Majesty hath commanded me to deliver unto your Lordships a Message touching the Earl of Arundel That his Majesty hath thought of that business and hath advised of his great and pressing affairs which are such as make him unwilling to enter into dispute of things doubtful And therefore to give you clear satisfaction touching that Cause whereby you may more cheerfully proceed in the business of the House he hath endeavored as much as may be to ripen it but cannot yet effect it but is resolved that at the furthest by Wednesday sevennight being the fourteenth of Iune he will either declare the Cause or admit him to the House And addeth further upon the word of a King That if it shall be sooner ripe which he hath good cause to expect he will declare it at the soonest And further That if the occasion doth enforce to stay to the time prefixed yet he doth not purpose to set such a short end to the Parliament but that there shall be an ample and good space between that and the end of the Sessions to dispatch affairs This Message being delivered the House was adjourned ad libitum and put into a Committee And being resumed it was agreed That all businesses should cease but this of the Earl of Arundel's concerning the Priviledges of the House and the House to meet thereon to morrow morning and to be put into a Committee to consider thereof And so the House was adjourned to the next day Then the Lord Keeper delivered this Message from the King Viz. THat in the matter concerning the Earl of Arundel his Majesty hath been very careful and desirous to avoid all jealousie of violating the Priviledges of this House that he continueth still of the same mind and doth much desire to find out some Expedient which might satisfie their Lordships in point of Priviledge and yet not hinder his Majesties service in that particular But because this will require some time his Majesty though his great affairs are urgent and pressing is unwilling to urge their Lordships to go on therewith till his Majesty hath thought on the other And therefore hath commanded him to signifie his pleasure That his Majesty is contented their Lordships adjourn the House till Thursday next and in the mean time his Majesty will take this particular business into further consideration Hereupon the Lords agreed That the Lord Keeper do render unto his Majesty from the House their humble thanks for his gracious respect unto their Priviledges Then the Lord Keeper demanded of the Lords whether their Lordships would adjourn the House till Thursday next Whereupon it was agreed by the Lords and the House was so adjourned On Thursday Iune 8. the Lord Keeper delivered this Message to the Lords from his Majesty viz. THat on Saturday last his Majesty sent word to the House That by this day he would send them such an Answer concerning the Earl of Arundel as should satisfie them in point of Priviledge And therefore to take away all dispute and that their Priviledges may be in the same estate as they were when the Parliament began his Majesty hath taken off the restraint of the said Earl whereby he hath liberty to come to the House The Earl of Arundel being returned to the House did render his humble thanks unto his Majesty for this gracious favor towards him and gave their Lordships also most hearty thanks for their often intercessions for him unto the King and protested his Loyalty and faithful service unto his Majesty Much about this time Mr. Moor a Member of the House of Commons having spoken some words which seemed to reflect upon his Majesty they were reported to the House viz. That he said We were born free and must continue free if the King will keep his Kingdom Adding these words Thanks be to God we have no occasion to fear having a just and pious King The House for these words committed Mr. Moor to the Tower of London And his Majesty shortly after sent a Message That he had passed by his offence Whereupon he was released While the Duke stood charged in the Parliament the Chancellorship of Cambridge became void by the death of the Lord Howard Earl of Suffolk who died on Whitsonday the 28. of May 1626. The University having understood by several hands That it was the Kings express will and pleasure that the Duke should be chosen in his stead were ambitious and forward to express their obedience to his Majesty in that behalf well knowing that in regard of their multitude and worthy Judgment and wisdom that is esteemed and ought to be in those Electors this was one of the most honorable Testimonies of Worth and Integrity that the Nation can afford And that whereas all other the Dukes Honors did but help the rather to sink him with their weight this would seem to shoar and prop him up Letters were pretended to be sent from his Majesty to the intent to disencourage all opposers But though the pretence of Letters served mainly to effect their ends yet the producing of them would have prejudiced the chief intendment of the Election namely the honor of the Testimony in it which chiefly lying in the freedom of the Votes had by Letters been cut off Many Heads of Houses bestirr'd themselves according to their several power and interest in their respective Societies and Trinity-Colledge alone the Master whereof was Doctor Maw one of the Kings Chaplains supplied the Duke with Forty three Votes the third part of those which served the turn for he had in all One hundred and eight He was chosen the Thursday following the
see them earthed before me My Answer to the several points in Charge I shall crave leave to deliver in brief and in form of Law but as naked as truth loves to be and so I leave my self and my cause to your Lordships Justice The humble Answer and Plea of George Duke of Buckingham to the Declaration and Impeachment made against him before your Lordships by the Commons House of Parliament THe said Duke of Buckingham being accused and sought to be impeached before your Lordships of the many Misdemeanors Misprisions Offences and Crimes wherewith he is charged by the Commons House of Parliament and which are comprised in the Articles preferred against him and were aggravated by those whose service was used by that House in the delivery of them Doth finde in himself an unexpressible pressure of deep and hearty sorrow that so great and so worthy a Body should have him suspected of those things which are objected against him whereas had that Honorable House first known the very truth of those particulars whereof they had not there the means to be rightly informed he is well assured in their own true judgments they would have forborn to have charged him therewith The Charge touching Plurity of Offices To the first which concerneth Plurality of Offices which he holdeth he answereth thus That it is true that he holdeth those several Places and Offices which are enumerated in the preamble of his Charge whereof onely three are worthy the name of Offices viz. The Admiralty the Wardenship of the Cinque Ports and Mastership of the Horse the other are rather titulary and additions of Honor. For these Offices he humbly and freely acknowledgeth the bounty and goodness of his most Gratious Master who is with God who when he had cast an Eye of Favor upon him and had taken him into a more near place of service about his Royal Person was more willing to multiply his Graces and Favors upon him then the Duke was forward to ask them and for the most part as many honorable persons and his now most Excellent Majesty above all others can best testifie did prevent the very desires of the Duke in asking And all these particular places he can and doth truly affirm his late Majesty did bestow them of his own Royal motion except the Wardenship of the Cinque Ports onely and thereto also he gave his approbation and encouragement And the Duke denieth that he obtained these places either to satisfie his exorbitant ambition or his own profit or advantage as is objected against him And he hopeth he shall give good satisfaction to the contrary in his particular Answers ensuing touching the manner of his obtaining the places of the Admiralty and the Wardenship of the Cinque Ports whereunto he humbly desireth to refer himself And for the Mastership of the Horse to his Majesty he saith it is a meer domestick office of attendance upon the Kings person whereby he receiveth some profit yet but as a conveniency to render him more sit for his continual attendance and in that place the times compared he hath retrenched the Kings annual charge to a considerable value as shall be made apparent And for the number of places he holdeth he saith That if the Commonwealth doth not suffer thereby he hopeth he may without blame receive and retain that which the liberal and bountiful hand of his Master hath freely conferred upon him And it is not without many Presidents both in Antient and Modern times That one man eminent in the esteem of his Soveraign hath at one time held as great and as many Offices But when it shall be discerned That he shall falsly or corruptly execute those places or any of them or that the Publick shall suffer thereby he is so thankful for what he hath freely received that whensoever his Gratious Master shall require it without disputing with his Soveraign he will readily lay down at his Royal Feet not onely his Places and Offices but his whole Fortunes and his life to do him service But the integrity of his own Heart and Conscience being the most able and most impartial witnesses not accusing him of the least thought of disloyalty to his Soveraign or to his Country doth raise his spirits again to make his just defence before your Lordships of whose Wisdom Justice and Honor he is so well assured That he doth with confidence and yet with all humbleness submit himself and his cause to your Examinations and Judgments before whom he shall with all sincerity and clearness unfold and lay open the secrets of his own actions and of his heart and in his Answer shall not affirm the least Substantial and as near as he can the least Circumstantial point which he doth not believe he shall clearly prove before your Lordships The Charge consisteth of Thirteen several Articles whereunto the Duke saving to himself the usual benefit of not being prejudiced by any words or want of form in his Answer but that he may be admitted to make further explanation and proof as there shall be occasion and saving to him all Priviledges and Rights belonging to him as one of the Peers of the Realm doth make these several and distinct Answers following in the same order they are laid down unto him For his buying of the Admirals place the said Duke maketh this clear and true Answer That it is true that in Ianuary in the Sixteenth year of his late Majesties Raign his late Majesty did by his Letters Patents under the Great Seal of England grant unto the Duke the Office of Admiralty for his life which Grant as he well knoweth it was made freely and without any Contract or Bargain with the late Lord Admiral or any other and upon the voluntary Surrender of that Noble and wel-deserving Lord so he is advised it will appear to be free from any defect in Law by reason of the Statute of 5 Edw. 6. mentioned in this Article of his Charge or for any other cause whatsoever For he saith the true manner of his obtaining this Office and of all the passages thereof which he is ready to make good by Proof was thus That Honorable Lord the late Earl of Nottingham the Lord Admiral being grown much in years and finding that he was not then so able to perform that which appertained to his place as in former times he had done to his great Honor and fearing lest his Majesties service and the Commonwealth might suffer by his defect became an humble and earnest Petitioner to his late Majesty to admit him to surrender his Office His late Majesty was at the first unwilling unto it out of his Royal Affection to his Person and true Judgment of his worth But the Earl renewed his Petitions and in some of them nominated the Duke to be his Successor without the Dukes privity or fore-thought of it And about that time a Gentleman of good place about the Navy and of long experience
charissimo Consanguineo nostro Edwardo Comiti Dorset nec non charissimo Consiliar nostro Philippo Comiti Mountgomery charissimóque Consanguineo nostro Willielmo Comiti Northampton Presidenti Consilii nostri infra Principalitatem Marchias Walliâ—e ac chariss Consanguineo Consiliar nostro Iacobo Comiti Carlol Nec non charissimis Consanguineis nostris Iohanni Comiti de Clare Thomae Comiti Cleveland Edmundo Comiti de Mulgrave Nec non charissimo Consanguineo Consiliar nostro Georgio Comiti de Totnes charissimóque Consanguineo nostro Henrico Vicecomiti Rochford Ac etiam Reverendis in Christo Patribus Georgio Episcopo London Richardo Episc. Dunclm Reverendóque in Christo Patri sideli Consiliar nostro Lanceloto Episc. Winton Nec non Reverendis in Christo Patribus Samueli Episc. Norwicen Willielmo Episc. Meneven Ac perdilecto fideli Consiliario nostro Edwardo Dom. Conway uni primorum Secretarium nostrum Ac etiam perdilecto fideli nostro Samueli Dom. Scroop Presidenti Consilii nostri in partibus Borealibus perdilectóque fideli Consiliar nostro Fulconi Dom. Brook Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis Nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii sexto die Februar Anno Regni nostri primo inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum usque ad instantem decimum quintum diem Iunii continuatum fuerat Sciatis quòd nos pro certis urgentibus causis considerationibus nos specialiter moventibus idem Parliamentum nostrum hoc instanti decimo quinto die Iunii duximus dissolvendum De fidelitate igitur prudentia circumspectione vestris plurimum confidentes de avisamento assensu Consilii nostri assignavimus vos Commissionarios nostros dantes vobis aliquibus tribus vel pluribus vestrum tenore praesentium plenam potestatem authoritatem hoc instanti decimo quinto die Iunii ad dictum Parlamentum nostrum nomine nostro plenariè dissolvendum ideo vobis mandamus quòd vos vel aliqui tres vel plures vestrum idem Parliamentum nostrum hoc instante decimo quinto die Iunii virtute harum Literarum nostrum patent plenariè dissolvatis determinetis Et ideo vobis mandamus quòd praemissa diligenter intendatis ac â—a in forma praedicta effectualiter expleatis exequamini Damus autem universis singulis Archiepiscopis Ducibus Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventurum tenore praesentium firmiter in mandat quod vobis in praemissis faciend agend exiquend pariant obediant intendant in omnibus prout decet In cujus rei testimonium has literas nostras â—ieri fecimus patentes Teste meipso apud Westm. decimo quinto die Iunii Anno Regni nostri secundo EDMONDS This Commission being read and the Commons present the Parliament was dissolved on the Fifteenth day of Iune 1626. The intended Remonstrance was as followeth Most Gracious Soveraign WE your loyal and faithful Subjects the Commons assembled by your Majesties most Royal authority in this present Parliament having with all dutiful affection from the time of our first méeting earnestly endeavored to procéed spéedily in those affairs that might best and soonest conduce to our dispatch of the intended supply of your Majesties great designs to the enlargement of your support and to the enabling of our selves and them whom we represent to the full and timely performance of the same have notwithstanding by reason of divers informations interruptions and other preventions béen hitherto so retarded in the prosecution of these affairs that we now thought it a necessary part of our most humble duties thus to declare both those interruptions and preventions with the true original and continual cause of them as also our most earnest devotion of the Parliamentary service of your most excellent Majesty and of the careful safety and defence of your Dominions Crown and Dignity And we most humbly therefore beséech your most excellent Majesty to be graciously pleased here to cast your eye on some particulars that have relation as well to your first Parliament as to this out of which we cannot doubt but that your great Goodness may receive an ample satisfaction touching our most loyal and faithful intentions In the first Parliament of the first Year of your Majesties most happy Reign over us the Commons then assembled after they had cheerfully presented to your Majesty as the first-fruits of their affections Two entire Subsidies were excéedingly pressed by the means of the Duke of Buckingham and for his own ends as we conceive to enlarge that Supply which when he conceived would not be there effected he procured for the same ends from your Majesty an Adjournment of the Parliament to the City of Oxford where the Commons then taking into just consideration the greatest mischiefs which this Kingdom variously hath suffered and that chiefly by reason of the exorbitant power and frequent misdoings of the said Duke were entring into a Parliamentary course of examination of those mischiefs power and misdoings But no sooner was there any mention made of his Name to this purpose but that he fearing lest his Actions might so have béen too much laid open to the view of your most excellent Majesty and to the just Censure that might then have followed presently through his misinformations to your Majesty of the intentions of your said Commons as we have just cause to believe procured a dissolution of the said Parliament And afterwards also in the same year through divers misreports made to your Majesty in his behalf touching some Members of the said Commons who had more particularly drawn his Name into just question and justly professed themselves averse to his ends there procured as we cannot but conceive the said Members to be made the Sheriffs of several Counties for this year that followed to the end that they might have all béen precluded from being chosen Members of the present Parliament lest they should again have therein questioned him and by the like practice also as we are perswaded he procured soon after the said dissolution another Member of the said House because he had justly professed himself against his Ends to be sent as Secretary of your Majesties last Fleet hereby indeed to punish him by such drawing him from his practice of the Law which was his Profession under colour of an honorable Imployment It pleased your Majesty afterwards in February last to call this present Parliament wherein though none of those whom the said Duke had so procured to be made high Shiriffs have sit as Members yet we finding in our selves the like affection first to the Service of your Majesty and next to the good of the Commonwealth
for the continuance of that service and safety Which we cannot hope for and we beséech your most excellent Majesty graciously to receive this our humble and frée protestation That we cannot hope for it so long as we thus suffer under the pressures of the power and ambition of the said Duke and the divers and false Informations so given to your Majesty on his behalf and for his advantage especially when we observe also that in such his greatness he preventeth the giving of true Information to your Majesty in all things that may any ways reflect on his own misdoings to shew unto your Majesty the true state of your Subjects and Kingdoms otherwise then as it may be represented for his own ends And to that purpose also hath he procured so many persons depending on him either by alliance or advancement to places of eminencie near your Sacred person Through his misinformations of that kind also and power we have séen to our great grief both in the time of your Majesties Royal Father of blessed memory and of your Majesty divers Officers of the Kingdom so often by him displaced and altered that within these few years past since the beginning of his greatness more such displacings and alterations have by his means happened then in many years before them Neither was there in the time of your Royal Father of blessed memory any such Course held before it was by the practice of the said Duke thus induced And since that time divers Officers of the Crown not only in this your Kingdom of England but also in Ireland as they have béen made friends or adverse to the said Duke have béen either so commended or mispresented by him to his Soveraign and by his procurement so placed or displaced that he hath always herein as much as in him lay made his own ends and advantage the measure of the good or ill of your Majesties Kingdoms But now at length may it please your most excellent Majesty we have received from the Lords a Copy of the said Dukes Answer to our Charge transmitted against him whereunto we shall presently in such sort reply according to the Laws of Parliament that unless his power and practice again undermine our procéedings we do not doubt but we shall upon the same have Iudgment against him In the times also most gracious Soveraign of these Interruptions which came amongst us by reason of the procurement of two of our Members committed A gracious Message was formerly received from your Majesty wherein you had been pleased to let us know That if you had not a timely Supply your Majesty would betake your self to New Counsels which we cannot doubt were intended by your most excellent Majesty to be such as stood with Iustice and the Laws of this Realm But these words New Counsels were remembred in a Speech made amongst us by one of your Majesties Privy-Council and lately a Member of us who in the same Speech told us He had often thought of those words New Counsels That in his consideration of them he remembred that there were such kinds of Parliaments antiently among other Nations as are now in England That in England he saw the Country-people live in happiness and plenty but in these other Nations he saw them poor both in persons and habit or to that effect Which state and condition happened as he said to them where such New Counsels were taken as that the use of their Parliaments ended This intimation may it please your Majesty was such as also gave us just cause to fear there were some ill Ministers near your Majesty that in behalf of the said Duke and together with him who is so strangely powerful were so much against the Parliamentary Course of this Kingdom as they might perhaps advise your most excellent Majesty such New Counsels as these that fell under the memory and consideration of that Privy-Counsellor And one especial reason among others hath increased that fear amongst us For that whereas the Subsidies of Tonnage and Poundage which determined upon the death of your most Royal Father our late Soveraign and were never payable to any of your Majesties Ancestors but only by a special Act of Parliament and ought not to be levied without such an Act yet ever since the beginning of your Majesties happy Reign over us the said Subsidies have béen levied by some of your Majesties ministers as if they were still due although also one Parliament hath béen since then begun and dissolved by procurement of the said Duke as is before shewed wherein no Act passed for the same Subsidies Which example is so much against the constant use of former times and the known Right and Liberty of your Subjects that it is an apparent effect of some new Counsels given against the antient setled Course of Government of this your Majesties Kingdom and chiefly against the Right of your Commons as if there might be any Subsidy Tax or Aid levied upon them without their consent in Parliament or contrary to the setled Laws of this Kingdom But if any such do so ill an office as by the misrepresentation of the state and right of your Majesties loyal Subjects advise any such new Counsels as the levying of any Aid Tax or Subsidy among your people contrary to the setled Laws of your Kingdom We cannot most gracious Soveraign but esteem them that so shall advise not only as Uipers but Pests to their King and Commonwealth as all such were to both Houses of Parliament expresly stiled by your most Royal Father but also Capital Enemies as well to your Crown and Dignity as to the Commonwealth And we shall for our parts in Parliament shew as occasion shall require and be ready to declare their offences of this kind such as that may be rewarded with the highest punishment as your Laws inflict on any Offenders These and some of these things amongst many other Most gracious Soveraign are those which have so much prevented a right understanding betwéen your Majesty and us and which have possessed the hearts of your people and loyal Commons with unspeakable sorrow and grief finding apparently all humble and hearty endeavors misinterpreted hindred and now at last almost frustrated utterly by the interposition of the excessive and abusive power of one man Against whom we have just cause to protest not only in regard of the particulars wherewith he hath béen charged which in Parliamentary way we are enforced to insist upon as matters which lie in our notice and proof but also because we apprehend him of so unbridled Ambition and so averse to the good and tranquillity of the Church and State that we verily believe him to be an Enemy to both And therefore unless we would betray our own duties to your Majesty and those for whom we are trusted We cannot but express our infinite grief that he should have so great power and interest in your Princely affections and under your Majesty wholly in
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
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
the Denmark Forces had the advantage of the Ground Tilly being much scanted in the Rear of his Army for want of ground to place his Reserves in The Dane stood to the shock a while but was presently put to his Retreat and all his Infantry dispersed Train of Artillery taken and Two and twenty peeces of Cannon He lost many great Commanders in the fight and many were taken prisoners In the Moneth of September the King being informed of the disaster that had befaln his Uncle and principally also the King of Denmark whose engagement was chiefly for the cause of the Elector Palatine commanded his Council to advise by what means and ways he might fitly and speedily be furnished with moneys suitable to the importance of the undertaking Hereupon after a Consultation of divers days together they came to this Resolution That the urgency of Affairs not admitting the way of Parliament the most speedy equal and convenient means were by a general Loan from the Subject according as every man was assessed in the Rolls of the last Subsidy Upon which Result the King forthwith chose Commissioners for the Loan and caused a Declaration to be published wherein he alledged for this course of Supply the Reasons set down at large in his late Declaration touching the Dissolution of the Parliament Adding further That the urgency of the occasion would not give leave to the calling of a Parliament but assuring the People that this way should not be made a President for the time to come to charge them or their Posterity to the prejudice of their just and antient Liberties enjoyed under his most Noble Progenitors endeavoring thereby to root out of their mindes the suspition that he intended to serve himself of such ways to the abolishing of Parliaments And promising them in the word of a Prince first To repay all such sums of Money as should be lent without Fee or Charge so soon as he shall in any ways be enabled thereunto upon shewing forth the Acquittance of the Collectors testifying the Receipt thereof And secondly That not one penny so borrowed should be bestowed or expended but upon those Publick and General Services wherein every of them and the Body of the Kingdom their Wives Children and Posterity have their Personal and common Interest Private Instructions were given to the Commissioners how to behave themselves in this Negotiation As first That they should themselves for a good example to others lend unto his Majesty the several sums of money required of them testifying it by their names with their own hands That when they shall in his Majesties name require others to lend they may discern the said Commissioners forwardness Secondly To take for their guide those Rates at which men were assessed in the Book of the last Subsidy and to require the Loan of so much money as the entire rate and value comes to at which they are rated and set as namely he that is set at a Hundred pounds in Goods to lend a Hundred marks and he that is set at a Hundred pounds in Land to lend a Hundred pounds in money and so per rata for a greater or lesser sum Thirdly To use all possible endeavors to cause every man willingly and chearfully to lend opening unto them the necessity and unavoidableness of this course the Honor and Reputation of the Nation the true Religion and common safety of Prince and People of our Friends and Allies engaged in the common Cause that there is no time now of disputing but of acting Fourthly That they appoint the days of payment to be within Fourteen days and perswade such as shall be able to pay it at one entire payment the better to accommodate his Majesties occasion otherwise to accept of the one half at Fourteen days and the other to be paid before the Twentieth of December now next coming Fifthly That they Treat apart with every one of those that are to lend and not in the presence or hearing of any other unless they see cause to the contrary And if any shall refuse to lend and shall make delayes or excuses and persist in their obstinacy That they examine such persons upon Oath whether they have been dealt withal to deny or refuse to lend or to make an excuse for not lending Who hath dealt so with him and what speeches or perswasions he or they have used to him tending to that purpose And that they shall also charge every such person in his Majesties name upon his Allegiance not to disclose to any other what his Answer was Sixthly That they shew their discretion and affections by making choice of such to begin with who are likely to give the best examples and when they have a competent number of hands to the Roll or List of the Leaders that they shew the same to others to lead them in like manner Seventhly That they endeavor to discover whether any publickly or underhand be workers or perswaders of others to dissent from or dislike of this course or hinder the good disposition of others And that as much as they may they hinder all discourse about it and certifie to the Privy Council in writing the names qualities and dwelling places of all such refractory persons with all speed and especially if they shall discover any Combination or Confederacy against these proceedings Eightly That they let all men know whom it may concern that his Majesty is well pleased upon lending these sums required to remit all that which by Letters in his name was desired upon the late Benevolence for free Grant and what ever hath been already paid upon that account shall be accepted for part of this Loan and if it exceed the sum desired that the overplus shall be repaid without Fee or Charge so likewise for Privy Seals if any have been already paid But if not that the agreeing of the Loan of the sum required be excused of the payment of the Privy Seal Ninethly That they admit of no Suit to be made or Reasons to be given for the abating of any sum the time and instant occasion not admitting any such dispute which would but disturbe and protract the Sheriff Lastly The Commissioners were required and commanded upon their Faith and Allegiance to his Majesty to keep secret to themselves and not to impart or disclose these Instructions to others To the Imposition of Loan was added The burthen of Billeting of Soldiers formerly returned from Cadiz and the Moneys to discharge their Quarters were for the present levied upon the Countrey to be repaid out of sums collected upon the general Loan The Companies were scattered here and there in the Bowels of the Kingdom and governed by Martial Law The King gave Commissions to the Lords Lieutenants and their Deputies in case of Felonies Robberies Murders Outrages or Misdemeanors committed by Mariners Soldiers or other disorderly persons joyning with them to proceed according to certain Instructions to the Tryal
and to lend after the rate propounded and among others certain of the Parish of Clement Danes the Savoy the Dutchy and other parts within the Liberties of Westminster who first alledged poverty Whereunto reply was made That if they would but subscribe their ability should be enquired off before any thing were levied upon them and in case they were found unable they should be discharged notwithstanding what they had under written and unto some of them the money demanded was proffered to be given them Nevertheless they afterwards absolutely refused to subscribe their names or to say they were willing to lend if able Whereupon the Council directed their Warrant to the Commissioners of the Navy to impress these men to serve in the Ships ready to go out in his Majesties service The Non-Subscribers of higher Rank and Rate in all the Counties were bound over by Recognisance to tender their appearance at the Council Table and performed the same accordingly and divers of them were committed to prison but the common sort to appear in the Military-Yard near St. Martins in the Fields before the Lieutenant of the Tower of London by him to be there inrolled among the Companies of Soldiers that they who refused to assist with their Purses should serve in their Persons for the common Defence The same Loan being demanded of the Societies and Inns of Court the Benchers of Lincolns Inn received a Letter of Reproof from the Lords of the Council for neglecting to advance the Service in their Society and to return the names of such as were refractory ANd for the advancement of the said Loan Doctor Sibthorpe now publishes in Print a Sermon Preached by him at Northampton February the Two and twentieth One thousand six hundred twenty and six at Lent Assizes entituled Apostolick Obedience This Book was Licenced by the Bishop of London who did approve thereof as a Sermon learnedly and discreetly Preached It was dedicated to the King and expressed to be the Doctors Meditations which he first conceived upon his Majesties Instructions unto all the Bishops of this Kingdom fit to be put in execution agreeable to the necessity of the times and afterwards brought forth upon his Majesties Commission for the raising of moneys by way of Loan His Text was Romans 13.7 Render therefore to all their dues Among other passages he had this And seriously consider how as Jeroboam took the opportunity of the breach betwixt Rehoboam and his Subjects to bring Idolatry into Israel So the Papists lie at wait if they could finde a Rent between our Soveraign and his Subjects which the Lord forbid to reduce Superstition into England I speak no more then what I have heard from themselves whilst I have observed their forwardness to offer double according to an Act of Parliament so providing yea to profess That they would depart with the half of their Goods And how or why can this forwardness be in them but in hope to cast the imputation of frowardness upon us and so to seem that which the Iesuite will not suffer them to be loving and loyal Subjects Also the said Sermon holds forth That the Prince who is the Head and makes his Court and Council it is his duty to direct and make Laws Eccles. 8.3 and 4. He doth whatsoever pleases him Where the word of the King is there is power and who may say unto him What doest thou And in another place he saith If Princes command any thing which Subjects may not perform because it is against the Laws of God or of Nature or impossible Yet Subjects are bound to undergo the punishment without either resistance or railing or reviling and so to yield a Passive Obedience where they cannot exhibite an active one I know no other case saith he but one of those three wherein a Subject may excuse himself with Passive Obedience but in all other he is bound to Active Obedience It is not our purpose to repeat his Sermon the Reader may at leisure inform himself more fully by the Printed Copy Doctor Roger Manwaring promoted the same business in two Sermons Preached before the King and Court at Whitehal wherein he delivered for Doctrine to this purpose That the King is not bound to observe the Laws of the Realm concerning the Subjects Rights and Liberties but that his Royal Will and Command in imposing Loans and Taxes without common consent in Parliament doth oblige the Subjects Conscience upon pain of eternal damnation That those who refused to pay this Loan offended against the Law of God and the Kings Supream Authority and became guilty of impiety disloyalty and Rebellion And that the Authority of Parliament is not necessary for the raising of Aids and Subsidies and that the flow proceedings of such great Assemblies were not fitted for the Supply of the States urgent Necessities but would rather produce sundry impediments to the just designs of Princes The Papists at this time were forward and liberal on this occasion insomuch that it was said in those times That in the point of Allegiance then in hand the Papists were exceeding Orthodox and the Puritans were the onely Recusants Distastes and Jealousies had for a while been nourished between the Courts of England and France which seemed to have risen from Disputes and Differences about the Government of the Queens family By the Articles of Marriage it was agreed That the Queen should have a certain number of Priests for her Houshold Chaplains together with a Bishop who should exercise all Ecclesiastical Jurisdiction in matters of Religion These with other Romish Priests within this Realm began to practise and teach That the Pope upon the Marriage Treaty assumed to himself or his Delegates the Jurisdiction of the Queens whole family especially the Institution and Destitution of the Ecclesiasticks and that the King of England had no power to intermeddle therein because he was an Heretick the Pope threatning to declare those to be Apostates that should seek their establishment from the King Likewise the Queen insisted to have the ordering of her family as her self pleased and the naming of her Officers and Servants and being therein crossed did somewhat distaste the King and unkindness grew between them These things the King represented to his Brother of France imputing the same to the Crafty and Evil Counsels of her Servants rather then to her own inclination And so declared he could no longer bear with those that were the known causes and fomenters of these disturbances but would presently remove them from about his Wife if there were nothing more then this That they had made her go to Tiborne in devotion to pray there Which action as it was reported his Majesty said can have no greater invective made against it then the bare relation yet his Majesty acknowledged That the deportment of some of them was without offence but others of them had so much abused his patience and affronted his Person reflecting most upon
fully acquit of his engagement of Honor and Conscience for their Relief But notwithstanding this Declaration and Sobiez his earnest solicitation and endeavor The Magistrates and wealthier sort of People in the Town being possessed with the fear of the King of France his Army then upon a march against them and there being a Court party also prevalent in the Town could be drawn to give no other answer at that time but this That they did render all humble and hearty thanks to his Majesty of Great Britain for the care he had of them and to the Duke for his forwardness and readiness to do his best service for their good but said They were bound by Oath of Union to do nothing but by the common and unanimous consent of the rest of the Protestant party in France And therefore prayed the King of Great Britain to excuse them in that they did suspend the Conjunction of Forces till they had sent to the rest of the Protestant Towns who were of the Union with them And in the mean time their Prayers and Vows should be for the happy progress of such actions as the Fleet and Army should undertake Notwithstanding this Answer Sobiez had strong assurance from a well-affected party in the Town That they could and would be able to preserve the same for the encouragement of the English and to assist them also with supplies from thence When Sobiez went from the Fleet into Rochel with Sir William Beecher the Duke of Buckingham was pleased to communicate his design to Sobiez by reason of his knowledge of the Countrey as well as for his interest in that Kingdom to raise forces that his full purpose and intention was to land his Army in the Isle of Oleran near unto Rochel and not at the Isle of Rhee being a little further distant Which Sobiez well approved of as a thing feasible at the first entrance the forces therein being few and the Forts weakly manned and victualled and besides it was of advantage for the Oyls Wines and other Commodities therein whereas the Isle of Rhee as he said to the Duke was furnished with a considerable force both of Horse and Foot which would make the landing there very difficult and besides they had a Cittadel well fortified to retreat unto The Duke not staying for Sobiez his return from Rochel alters his resolution and directs his course to the Isle of Rhee Toras the Governor thereof having before taken the alarum by the sight of the Fleet at Sea marches with his forces to impede their landing but maugre their opposition and the Fort La Prie. Sir Iohn Burroughs Sir Alexander Bret Sir Charles Rich together with Monsieur St. Branchard and other brave Commanders land first ashore and after them about Twelve hundred men who were presently encountred with the French horse and foot and a sore fight happened thereupon being a long time well maintained on both sides and many Commanders fell both of the English and French few of the English were unwounded but at last the English forced their way the enemy was constrained to retreat and to permit the whole Army to land In this combate Monsieur St. Blanchard was slain whose loss was much lamented by the Protestant party in France Sir William Heyden and some hundreds of the English were slain The foot which engaged on both sides were much equal in number but in horse the French had a great advantage The Victory was not pursued by a speedy march after Toras who retreated to his Cittadel at St. Martins with his wounded men for five days time was spent before the Army moved whereby Toras got not onely time to encourage his men to hold out being much discomfited at this fight but to get in assistance of Men and provision of Victuals out of the Island into the Cittadel which he improved to great advantage The Fort La Prie near unto the landing place and meanly Victualled and Manned was all this while the Army staid neglected omitted or contemned as inconsiderable the gaining whereof as was said would have secured a retreat for the English and impeded the landing of the French during the siege of the Fort at St. Martins This landing of the English was a great astonishment in the Court of France and if the taking of the Fort had immediately followed there would have appeared a great change of Affairs for the King fell sick about the same time and great discontent there was at Court and the King sent his Resolution to give the Protestants honorable terms if they will not joyn with the English sent to the Duke of Rhoan to content him with money and other proffers and renders the landing of the English to other Protestant Towns to be a thing not to be complied withal The Duke in two days march came with his Army before St. Martins and published a Manifesto justifying his Masters taking up of Arms against the King of France declaring amongst other Reasons as one cause thereof the Frenches employing of the English Ships against Rochel contrary to promise and lodgeth his Army at the Burgh of St. Martins at Rhee which upon the approach of the Duke the enemy quit and retreated into the City and quit a Well which was about thirty paces from their Counterskarf which being not at first coming of the Army made totally unserviceable to the enemy they presently drew a work unto it and so secured the same for their use by which they subsisted during all the time of the siege The Duke blocks up the Cittadel draws his forces round about it in order to a close siege and disposes his Fleet so as to hinder Relief by Sea and resolves to take it by Famine upon presumption and as the truth was that they were not provided with Victuals in the Cittadel for a long siege and being Master at Sea he might in short time be Master of the Cittadel But whilst the Duke employs his time in drawing a Line of Circumvallation and raising of Bulwarks and Batteries let us see what they are doing in England Those Gentlemen who stood committed for not parting with moneys upon the Commission for Loans were appointed to several Confinements not in their own but Foreign Counties Sir Thomas Wentworth afterwards Earl of Strafford and George Ratcliff Esq afterwards Sir George Yorkshire Gentlemen were sent for by Messengers and removed out of the County of York into the County of Kent and there secured by Confinement Sir Walter Earl and Sir Iohn Strangwayes who were Dorsetshire men were secured in the County of Bedford Sir Thomas Grantham and some others of the County of Lincoln were removed and secured in the County of Dorset Sir Iohn Heveningham and others of the County of Suffolk were secured in the County of Somerset Richard Knightly Esq and others of the County of Northampton were secured in the County of Southampton and Wiltshire Sir Nathaniel
for Posterity to strike at the propriety of their Goods contrary to the piety and intention of your Majesty so graciously exprest And these being the true Grounds and Motives of his forbearance to the said Loan shewing such inconveniences in Reason and representing it an Act contradicting so many of your Laws and most of them by the most prudent and happiest of our Princes granted which could not without presumption beyond pardon in your Suppliant in taking to himself the Dispensation of those Laws so piously Enacted by him be violated or impeached In the fulness of all Submission and Obedience as the Apology of his Loyalty and Duty he lowly offers to your most Sacred Wisdom for the satisfaction of your Majesty most humbly praying your Majesty will be graciously pleased to take them into your Princely consideration where when it shall appear as he doubts not but from hence it will to your déep judgment that no factious humor nor disaffection led on by stubbornness and will hath herein stirred or moved him but the just Obligation of his Conscience which binds him to the service of your Majesty in the observânce of your Laws he is hopeful presuming upon the Piety and Iustice of your Majesty that your Majesty according to your innate Clemency and Goodness will be pleased to bestow him to your Favor and his Liberty and to afford him the benefit of those Laws which in all humility he craves Notwithstanding the said Petition he still continued a prisoner in the Gate-house till the general Order of Discharge came Sir Peter Hayman refusing to part with Loan-money was called before the Lords of the Council who charged him with refractoriness and with an unwillingness to serve the King and told him if he did not pay he should be put upon service Accordingly they commanded him to go upon his Majesties service into the Palatinate and having first setled his estate he undertook and performed the journey and afterwards returned into England Archbishop Abbot having been long slighted at Court now fell under the Kings high displeasure for refusing to Licence Doctor Sibthorps Sermon as he was commanded intituled Apostolical Obedience and not long after he was sequestred from his Office and a Commission was granted to the Bishops of London Durham Rochester Oxford and Doctor Laud Bishop of Bath and Wells to execute Archiepiscopal Jurisdiction The Commission as followeth CHARLS by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Right Reverend Father in God George Bishop of London and to the Right Reverend Father in God Our Trusty and Welbeloved Counsellor Richard Lord Bishop of Durham and to the Right Reverend Father in God Iohn Lord Bishop of Rochester and Iohn Lord Bishop of Oxford to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellor William Lord Bishop of Bathe and Wells Greeting WHereas George now Archbishop of Canterbury in the right of the Archbishoprick hath several and distinct Archiepiscopal Episcopal and other Spiritual and Ecclesiastical Powers and Iurisdictions to be exercised in the Government and Discipline of the Church within the Province of Canterbury and in the Administration of Iustice in Causes Ecclesiastical within that Province which are partly executed by himself in his own person and partly and more generally by several persons nominated and authorised by him being learned in the Ecclesiastical Laws of this Realm in those several places whereunto they are deputed and appointed by the said Archbishop Which several places as We are informed they severally hold by several Grants for their several lives as namely Sir Henry Martin Knight hath and holdeth by the Grants of the said Archbishop the Offices and places of the Dean of the Arches and Iudge or Master of the Prerogative Court for the Natural life of the said Sir Henry Martin Sir Charls Caesar Knight hath and holdeth by Grants of the said Archbishop the places or Offices of the Iudge of the Audience and Master of the Faculties for the term of the Natural life of the said Sir Charls Caesar. Sir Thomas Ridley Knight hath and holdeth by the Grant of the said Archbishop the place or Office of Uicar-General to the said Archbishop And Nathaniel Brent Doctor of the Laws hath and holdeth by Grant of the said Archbishop the Office or place of Commissary to the said Archbishop as of his proper and peculiar Diocess of Canterbury And likewise the several Registers of the Arches Prerogative Audience Faculties and of the Uicar-General and Commissary of Canterbury hold their places by Grants from the said Archbishop respectively Whereas the said Archbishop in some or all of these several places and Iurisdictions doth or may sometimes assume unto his personal and proper Iudicature Order or Direction some particular Causes Actions or Cases at his pleasure And forasmuch as the said Archbishop cannot at this present in his own person attend these Services which are otherwise proper for his Cognisance and Iurisdiction and which as Archbishop of Canterbury he might and ought in his own person to have performed and executed in Causes and Matters Ecclesiastical in the proper Function of Archbishop of that Province We therefore of Our Regal Power and of Our Princely Care and Providence that nothing shall be defective in the Order Discipline Government or Right of the Church have thought fit by the Service of some other Learned and Reverend Bishops to be named by Us to supply those things which the said Archbishop ought or might in the Cases aforesaid to have done but for this present cannot perform the same Know ye therefore That We reposing special Trust and Confidence in your approved Wisdoms Learning and Integrity have nominated authorised and appointed and do by these presents nominate authorise and appoint you the said George Lord Bishop of London Richard Lord Bishop of Durham John Lord Bishop of Rochester John Lord Bishop of Oxford and William Lord Bishop of Bathe and Wells or any four thrée or two of you to do execute and perform all and every those Acts Matters and things any way touching or concerning the Power Iurisdiction or Authority of the Archbishop of Canterbury in Causes or Matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop himself might have done And We do hereby Command you and every of you to attend perform and execute this Our Royal Pleasure in and touching the premisses until We shall declare Our Will and Pleasure to the contrary And We do further hereby Will and Command the said Archbishop of Canterbury quietly and without interruption to permit and suffer you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells any four thrée or two of you to execute and perform this Our Commission according to Our Royal Pleasure thereby signified And We do further Will
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
and written divers Books and know very well what appertaineth to the Schools This is a new kinde of Learning unto me I have formerly found fault that the Author of this Sermon quoteth not the places whereupon he grounds his Doctrine and when I have oft called for them it is replied unto me that I must take them upon the credit of the Writer which I dare not do for I have searched but one place which he quoted in general but sets down neither the words nor the Treatise nor the Chapter and I finde nothing to the purpose for which it is quoted and therefore I have reason to suspect all the rest I pray you therefore in the humblest manner to commend my service to the King my Master and let him know that unless I may have all the Quotations set down that I may examine them and may have that writing wherein I am so ill used I cannot allow the Book Before I go further it shall not be amiss to touch some particulars of that which I sent in writing to the King The first was Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative To this Mr. Murrey said The King doth not plead it But my Reply was By what then doth he coerce those Refractories for I have not heard of any Law whereby they are imprisoned and therefore I must take it to be by the Kings Prerogative To the second Page 8. The Kings duty is first to direct and make Laws There is no Law made till the King assent unto it but if it be put simply to make Laws it will cause much startling at it To this I remember not any material thing answered neither to the third Page 10. If nothing may excuse from active obedience but what is against the Law of God or of Nature or impossible How doth this agree with the first Fundamental Position Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live This is a fourth Case of Exception And here before I go to the rest the Doctor did truly hit upon a good point in looking to the Laws and Customs if he could have kept him to it for in my memory and in the remembrance of many Lords and others that now live Doctor Haresenet the then Bishop of Chichester and now of Norwich in Parliament time Preached a Sermon at Whitehal which was afterward burned upon the Text Give unto Caesar the things that be Caesars Wherein he insisted That Goods and Money were Caesars and therefore they were not to be denied unto him At this time when the whole Parliament took main offence thereat King Iames was constrained to call the Lords and Commons into the Banqueting-house at Whitehal and there his Majesty calmed all by saying The Bishop onely failed in this when he said the Goods were Caesars he did not adde They were his according to the Laws and Customs of the Countrey wherein they did live So moderate was our Caesar then as I my self saw and heard being then an eye and ear witness for I was then Bishop of London To the fourth The Poll-Money in St. Matthew was imposed by the Emperor as a Conqueror over the Iews and the execution of it in England although it was by a Law produced a terrible effect in King Richard the Second's time when onely it was used for ought that appeareth Here the Bishop in the Paper excepted divers things as That sometimes among us by Act of Parliament strangers are appointed to pay by the Poll which agreeth not with the Case and that it was not well to bring examples out of weak times whereas we live in better but that it was a marvelous fault the blame was not laid upon the Rebels of that Age. Those are such poor things that they are not worth the answering But my Objection in truth prevailed so far that in the Printed Book it was qualified thus Poll-Money other persons and upon some occasions where obiter I may observe That my refusing to sign the Sermon is not to be judged by the Printed Book for many things are altred in one which were in the other To the fifth Page 12. It is in the bottome view the Reign of Henry the Third whether it be fit to give such allowance to the Book being surreptiously put out To this it was said That being a good passage out of a blame-worthy Book there was no harm in it But before the Question of Sibthorps Treatise the Bishop of Bathe himself being with me found much fault with that Treatise as being put out for a scandalous Parallel of those times To the sixth in the same Page Let the largeness of those words be well considered Yea all Antiquity to be absolutely for absolute Obedience to Princes in all Civil or Temporal things For such Cases as Naboths Vineyard may fall within this Here the Bishop was as a man in a rage and said That it was an odious comparison for it must suppose that there must be an Ahab and there must be a Iezabel and I cannot tell what But I am sure my Exception standeth true and reviling and railing doth not satisfie my Argument All Antiquity taketh the Scripture into it and if I had allowed that proportion for good I had been justly beaten with my own Rod. If the King the next day had commanded me to send him all the Money and Goods I had I must by mine own rule have obeyed him and if he had commanded the like to all the Clergy-men in England by Doctor Sibthorps proportion and my Lord of Canterburies allowing of the same they must have sent in all and left their Wives and Children in a miserable case Yea the words extend so far and are so absolutely delivered That by this Divinity if the King should send to the City of London and the Inhabitants thereof commanding them to give unto him all the wealth which they have they were bound to do it I know our King is so gratious that he will attempt no such matter but if he do it not the defect is not in these flattering Divines who if they were called to question for such Doctrine they would scarce be able to abide it There is a Meum and a Tuum in Christian Commonwealths and according to Laws and Customs Princes may dispose of it that saying being true Ad Reges potestas omnium pertinet ad singulos proprietas To the seventh Page 14. Pius Quintus was dead before the year One thousand five hundred and eighty They make no Reply but mend it in the Printed Book changing it into Gregory the Thirteenth To the last in the same Page weigh it well How this Loan may be called a Tribute and when it is said We are promised shall not be immoderately imposed How that agreeth with his Majesties Commission and Proclamation which are quoted in the Margent
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
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
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
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
lege regerentur And though the Book of Litchfield speaking of the times of the Danes says then Ius sopitum erat in regno leges consuetudines sopitae sunt and prava voluntas vis violentia magis regnabant quam Judicia vel Justitia yet by the blessing of God a good King Edward commonly called St. Edward did awaken those Laws and as the old words are Excitatas reparavit reparatas decoravit decoratas confirmavit which Confirmavit shews that good King Edward did not give those Laws which William the Conqueror and all his Successors since that time have sworn unto And here my Lords by many Cases frequent in our modern Laws strongly concurring with those of the ancient Saxon Kings I might if time were not more precious demonstrate that our Laws and Customs were the same I will onely intreat your Lordships leave to tell you That as we have now even in those Saxon times they had their Court Barons and Court Leets and Sheriffs Courts by which as Tacitus says of the Germanes their Ancestors Iura reddebant per pagos vicos and I do believe as we have now they had their Parliaments where new Laws were made cum consensu Praelatorum Magnatum totius Communitatis or as another writes cum consilio Praelatorum Nobilium sapientium Lâ—icorum I will add nothing out of Glanvile that wrote in the time of Hen. 2. or Bracton that writ in the days of Hen. 3. onely give me leave to cite that of Fortescue the learned Chancellor to Hen. 6. who writing of this Kingdom says Regnum istud moribus nationum regum temporibus eisdem quibus nunc regitur legibus consuetudinibus regebatur But my good Lords as the Poet said of Fame I may say of our Common Law Ingrediturque solo caput inter nubila condit Wherefore the cloudy part being mine I will make haste to open way for your Lordships to hear more certain Arguments and such as go on more sure grounds Be pleased then to know that it is an undoubted and fundamental Point of this so ancient Common Law of England That the Subject hath a true property in his goods and possessions which doth preserve as sacred that meum tuum that is the nurse of Industry and mother of Courage and without which there can be no Justice of which meum tuum is the proper object But the undoubted Birthright of true Subjects hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land and when according to the Laws and Statutes of this Realm redress hath been sought for in a legal way by demanding Habeas Corpus from the Judges and a discharge by trial according to the Law of the Land success hath failed that now inforceth the Commons in this present Parliament assembled to examine by Acts of Parliament Precedents and Reasons the truth of the English Subjects liberty which I shall leave to learned Gentlemen to argue NExt after Sir Dudly Diggs spake Mr. Ed Littleton of the Inner-Temple That their Lordships have heard that the Commons have taken into consideration the matter of personal Liberty and after long debate thereof they have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or restrained in Prison by the command of the King or Privy Councel 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 And they have sent me with other of their Members to represent unto your Lordships the true grounds of their resolution and have charged me particularly leaving the reasons of Law and Precedents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and Commons by several Acts of Parliament the Authority whereof is so great that it can receive no Answer save by Interpretation or Repeal by future Statutes And these I shall minde your Lordships of are so direct in the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted in the 17th year of King Iohn and renewed in the 9 tâ— year of Hen. 3. and since confirmed in Parliament above 30. times the words there are Chap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatar nec super eum ibimus nec eum mittemus nisi per legale judicium Parium suorum vel per legem terrae He then proceeded to open and argued learnedly upon the several Particulars in the last recited Clause of Magna Charta and further shewed That no invasion was made upon this personal Liberty till the time of King Ed. 3. which was soon resented by the Subject for in the 5. Ed. 3. Chap. 9. it is enacted That no man from henceforth shall be attached on any occasion nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the Form of the great Charter and the Law of the Land and 25 Edw. 3. Chap. 4. it is more full and doth expound the words of the grand Charter which is thus Whereas it is contained in the grand Charter of the Franchises of England that none shall be Imprisoned nor put out of his Freehold nor free Custom unless it be by the Law of the Land it is awarded assented and established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Councel unless it be by Indictment or Presentment of his good and lawful People of the the same neighborhood which such Deed shall be done in due maner or by process made by Wâ—it original at the common Law nor that none be outed of his Franchises nor Office Freehold unless it be duly brought in Answer and fore-judged of the same by the course of the Law and that if any thing be done against the same it shall be redressed and holden for none and 28 Ed. 3. Chap. 3. it is more direct this Liberty being followed with fresh suit by the Subject where the words are not many but very full and significant That no man of what state and condition he be shall be put out of his Lands nor Tenements nor taken nor imprisoned nor disinherited nor put to death without it be brought in Answer by due process of the Law Several other Statutes were cited by him in confirmation of this point of the Liberty of the Subject The Kings Councel afterward made Objections to the said Argument
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
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
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
know the Kings Message come into a Bill of Subsidies all succeeding Kings will say Ye must trust me as well as you did my Predecessors and trust my Messages but Messages of love never came into a Parliament Let us put up a Petition of Right Not that I distrust the King but that we cannot take his trust but in a Parliamentary way On Thursday 8º Maii the Petition of Right was finished and the Clause of Martial Law was added unto it and it was delivered to the Lords at a Conference for their Concurrence the which Conference was managed by Sir Edward Cook and the same day as to the matter of supply ordered that the two first Subsidies should be paid 10º of Iuly one more 12º of October another on 20º of Decemb. and the last of 1º of March AT the Conference Sir Edward Cook thus expressed himself My Lords it is evident what necessity there is both in respect of your selves and your Posterities to have good success of this business We have acquainted your Lordships with the Reasons and Arguments and after we have had some conference we have received from your Lordships Propositions and it behoves me to give your Lordships some reasons why you have not heard from us before now for in the mean time as we were consulting of this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we should find much confidence in the Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever any Subjects have done in former times 5. That whether we shall think it fit either by Bill or otherwise to go on in this great Business his Majesty would be pleased to give way to it These gracious Messages did so work upon our affections that w◠have taken them into deep consideration My Lords when we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way we might go for our more secure way nay yours we did think it the safest way to go in a Parliamentary course for we have a Maxim in the House of Commons and written on the Walls of our House That old ways are the safest and surest ways And at last we did fall upon that which we did think if that your Lordships did consent with us it is the most ancient way of all and that is my Lords via fausta both to Majesty to your Lordships and to our selves for my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis this is an high point of Honor but this shall be done by the Lords and Commons and assented to by the King in Parliament this is the greatest Obligation of all and this is for the Kings Honor and our Safety Therefore my Lords we have drawn a Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous consent of all the House of Commons and there is great reason your Lordships should do so for your Lordships be involved in the same danger And so I have done with the first part and I shall now desire your Lordships leave that I may read that which I have so agreed on Here the Petition of Right was read but we forbear to insert it as yet because there were propositions for alteration and it is not perfect till the Royal assent be given to it From the Eighth to the Twelfth of May all Publique businesses were laid aside On Monday the Twelfth the Lords had a Conference with the Commons where the Lord Keeper made this Speech Gentlemen of the House of Commons MY Lords having a most affectionate desire to maintain that good concurrence that in this Parliament and others hath been of late between both Houses desired this Conference to acquaint you how and in what maner they have proceeded in the Petition of Right that came from this House and to let you know that assoon as they received it they with all care and expedition they possibly could addressed themselves to consider thereof and after good time spent in Debate in the whole House they made a Committee to consider whether retaining of the substance of the Petition there might not be some words altered or put in to make it more sweet to procure it a passable way to his Majesty we know this must be Crowned by the King and good must come to all the Kingdom by this course now taken The Committee hath met and hath propounded some small matters to be altered in some few words to make it passable and not in substance And the Lords having this Reported from their Committee and heard it read in their House resolved of nothing till they have your consent yet they think it fitter to have it propounded to you to consider whether there should be any alteration or no and how the propounded alterations may stand with your liking Concerning the Commitment by the King and the Councel without expressing the cause it was resolved by the Lords to debate it this morning and assoon as they should have debated it they purposed to have your concurrence with them before they resolved it but at instant when they thought to have debated it they received a Letter from his Majesty which they conceive will give a satisfaction to both Houses in the main point My Lords desiring to keep that good concurrence begun desired to communicate that Letter unto you that you might take the same into your considerations as they mean to do themselves This Letter is to be read unto you To the right Trusty and right well-beloved the Lords Spiritual and Temporal of the higher House of Parliament Carolus Rex WE being desirous of nothing more then the advancement of the Peace and Prosperity of our People have given leave to free Debate upon the highest Points of our Prerogative Royal which in the time of our Predecessors Kings and Queens of this Realm were ever restrained as matters that they would not have discussed and in other things we have been willing so far to descend to the desires of our good Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies which those Messages which we have heretofore sent into the Commons House will well demonstrate unto the world yet we finde it still insisted upon that in no case whatsoever should it never so nearly concern matters of State or Government we or our Privy Council have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service it self would thereby be destroyed and defeated and the cause
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
read in the success 3. Witness the last voyage to Rotchel which needs no observation and is fresh in memory 4. Head is the ignorance and corruption of our Ministers Survey the Court survey the Countrey the Church the City the Bar the Bench the Courts the Shipping the Land the Seas all will yield variety of proofs The Exchequer is empty the reputation thereof gone the ancient Lands are sold the Jewels pawn'd the Plate ingaged the debt still great almost all charges both extraordinary and ordinary by Projects 5. The oppression of the Subject it needs no demonstration the whole Kingdom is a proof and that oppression speaks the exhausting of our treasures what waste of our Provisions what consumption of our Ships what destruction of our men have been witness the voyage to Algier witness that of Mansfield witness that to Cales witness the next witness that to Ree witness the last witness the Palatinate witness the Turks witness the Dunkirks witness all we were never so much weakned nor had less hopes how to be restored These Mr. Speaker are our dangers these are they do threaten us and those are like that Trojan Horse brought in cunningly to surprize us in these do lurk the strongest of our enemies ready to issue on us and if we do not now the more speedily expel them these are the sign the invitation to others These will prepare their entrance that we shall have no means left of refuge or defence for if we have these enemies at home how can we strive with those that are abroad if we be free from these no other can impeach us Our ancient English vertue that old Spartan valor cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficiency of Generals incorruption of Officers opulency in the King Liberty in the People repletion in Treasures restitution of Provisions reparation of Ships preservation of Men Our ancient English vertue thus rectified I say will secure us and unless there be a speedy reformation in these I know not what hopes or expectations we may have These things Sir I shall desire to have taken into consideration that as we are the great Councel of the Kingdom and have the apprehension of these dangers we may truly represent them unto the King wherein I conceive we are bound by a treble Obligation of duty unto God of duty to his Majesty and of duty to our Countrey And therefore I wish it may so stand with the Wisdom and Judgement of the House that they may be drawn into the body of a Remonstrance and therein all humbly expressed with a Prayer unto his Majesty for the safety of himself and for the safety of the Kingdom and for the safety of Religion That he will be pleased to give us time to make perfect inquisition thereof or to take them into his own Wisdom and there give them such timely reformation as the necessity of the Cause and his Justice doth import And thus Sir with a large affection and loyalty to his Majesty and with a firm duty and service to my Countrey I have suddenly and it may be with some disorder expressed the weak apprehension I have wherein if I have erred I humbly crave your pardon and so submit to the censure of the House IT seemed to others not sutable to the wisdom of the House in that conjuncture to begin to recapitulate those misfortunes which were now obvious to all accounting it more discretion not to look back but forward and since the King was so near to meet him that the happiness expected might not be lost and these were for petitioning his Majesty for a fuller Answer IT was intimated by Sir Henry Martin that this Speech of Sir Iohn Elliot was suggested from disaffection to his Majesty and there wanted not some who said it was made out of some distrust of his Majesties Answer to the Petition but Sir Iohn Elliot protested the contrary and that himself and others had a resolution to open these last mentioned Grievances to satisfie his Majesty therein onely they stayed for an opportunity Which averment of Sir Iohn Elliots was attested by Sir Thomas Wentworth and Sir Robert Phillips WHilst Sir Iohn Elliot was speaking an interruption was made by Sir Humphrey May expressing a dislike but he was commanded by the Commons to go on and being afterward questioned for a Passage in that Speech viz. That some actions seemed to be but conceptions of Spain he explained himself That in respect of the affairs of Denmark the ingagement of that unfortunate accident of Ree he conceived was a conception of Spain rather then to have any motion from our Councel here IN this Debate Sir Edward Cook propounded That an humble Remonstrance be presented to his Majesty touching the dangers and means of safety of King and Kingdom which Resolution was taken by the House and thereupon they turned themselves into a Grand Committee and the Committee for the Bill of Subsidies was ordered to expedite the said Remonstrance A Message was brought from the King by the Speaker THat his Majesty having upon the Petition exhibited by both Houses given an Answer full of Justice and Grace for which we and our posterity have just cause to bless his Majesty it is now time to grow to a conclusion of a Session and therefore his Majesty thinks fit to let you know That as he doth resolve to abide by that Answer without further change or alteration so he will Royally and Really perform unto you what he hath thereby promised and further That he resolves to end this Session upon Wednesday the 11 of this Moneth and therefore wisheth that the House will seriously attend these businesses which may best bring the Session to a happy conclusion without entertaining new matters and so husband the time that his Majesty may with the more comfort bring us speedily together again at which time if there be any further Grievances not contained or expressed in the Petition they may be more maturely considered then the time will now permit After the reading of this Message the House proceeded with a Declaration against Doctor Manwaring which was the same day presented to the Lords at a Conference betwixt the Committees of both Houses of Parliament and Mr. Pimm was appointed by the House of Commons to manage that Conference The Declaration of the Commons against Dr. Manwaring Clerke and Doctor in Divinity FOr the more effectual prevention of the apparent ruine and destruction of this Kingdom which must necessarily ensue if the good and fundamental Laws and Customs therein established should be brought into contempt and violated and that form of Government thereby altered by which it hath been so long maintained in peace and happiness and to the Honor of our soveraign Lord the King and for the preservation of his Crown and Dignity The Commons in this present Parliament assembled do by this their
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
to be applied to the King of England The next kinde of Proof was from his Censures and determinations upon the particular Case of the late Loan which by necessity and parity of reason were likewise applicable to all Cases of the like nature And lest by frailty of memory he might mistake the words or invert the sense he desired leave to resort to his Paper wherein the places were carefully extracted out of the Book it self And then he read each particular Clause by it self pointing to the Page for proof which we here forbear to mention referring the Reader to the Book it self Then he proceeded and said That from this evidence of the Fact doth issue a clear evidence of his wicked intention to misguide and seduce the Kings Conscience touching the observation of the Laws and Liberties of the Kingdom to scandalize and impeach the good Laws and Government of the Realm and the Authority of Parliaments which are two of those Characters of malice which he formerly noted and now inforced thus If to give the King ill Counsel in some one particular Action hath heretofore been heavily punished in this high Court how much more hainous must it needs be thought by ill Counsel to pervert and seduce his Majesties Conscience which is the soveraign Principle of all moral Actions from which they are to receive warrant for their direction before they be acted and Judgement for their reformation afterwards If Scandalum magnatum Slander and Infamy cast upon great Lords and Officers of the Kingdom have been always most severely censured how much more tender ought we to be of that Slander and Infamy which is here cast upon the Laws and Government from whence is derived all the Honor and Reverence which is due to those great Lords and Magistrates All men and so the greatest and highest Magistrates are subject to passions and partialities whereby they may be transported into overhard injurious Courses Which Considerations may sometimes excuse though never justifie the railing and evil speeches of men who have been so provoked it being a true rule That whatsoever gives strength and inforcement to the temptation in any sin doth necessarily imply an abatement and diminution of guilt in that sin But to slander and disgrace the Laws and Government is without possibility of any such excuse it being a simple act of a malignant Will not induced nor excited by any outward provocation the Laws carrying an equal and constant respect to all ought to be reverenced equally by all And thus he derived the Proofs and Inforcements upon the first Article of the Charge The second Article he said contained three Clauses 1. That these refusers had offended against the Law of God 2. Against the supreme Authority 3. By so doing were become guilty of Impiety Disloyalty Rebellion Disobedience and lyable to many other Taxes For proof of all these he said he needed no other evidence then what might be easily drawn from those places which he had read already for what impiety can be greater then to contemn the Law of God and to prefer humane Laws before it what greater disloyalty rebellion and disobedience then to depress supreme Authority to tye the hands and clip the wings of Soveraign Princes Yet he desired their Lordships patience in hearing some few other places wherein the Stains and Taint which the Doctor endeavored to lay upon the Refusers might appear by the odiousness of their comparisons in which he doth labor to rank them The first Comparison is with Popish Recusants yet he makes them the worst of the two and for the better resemblance gives them a new name of Temporal Recusants For this he alledgeth the 1. Sermon Page 31 32. and part of the fifth Consideration by which he would perswade them to yield to this Loan Fifthly If they would consider what advantage this their Recusancy in Temporals gives to the common adversary who for disobedience in Spirituals have hitherto alone inherited that name for that which we our selves condemn in them for so doing and profess to hate that Religion which teacheth them so to do that is to refuse subjection unto Princes in Spirituals the same if not worse some of our side now if ours they be dare to practise We must needs be argued of less Conscience and more Ingratitude both to God and the King if in Temporal things we obey not They in Spirituals deny subjection wherein they may perhaps frame unto themselves some reasons of probability that their offence is not so hainous if we in Temporals shall be so refractory what colour of reason can we possibly finde to make our defence withal without the utter shaming of our selves and laying a stain which cannot easily be washed out upon that Religion which his Majesty doth so graciously maintain and our selves profess The second Comparison is with Turks and Jews in the 2. Sermon Page 47. What a Paradox is c. What a Turk will do for a Christian and a Christian for a Turk and a Jew for both c. the same and much less Christian men should deny to a Christian King The third Comparison is with Corah Dathan and Abiram Theudas and Iudas which is taken out of the second Sermon Page 49. where he labors to deprive those refusers of all merit in their sufferings for this Cause Corah Dothan and Abiram whom for their murmurings God suddenly sunk into Hell fire might as well alledge their sufferings had some resemblance with that of the three Children in the Babylonian Furnace and Theudas and Iudas the two Incendiaries of the people in the days of Caesars tribute might as well pretend their Cause to be like the Maccabees Thus he ended the second Article of the Charge upon which he said were imprinted other two of these six Characters of malice formerly vented That is a wicked intention to increase his Majesties displeasure against his good Subjects so refusing and to alienate his heart from the rest of his People Both which were Points so odious that he needed not to adde any further inforcement or illustration The third Article conteined three Clauses 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry Impediments to the just designs of Princes and to give them occasion of displeasure and discontent For proof of all which he alledged two places conteining the two first of those six Considerations which are propounded by the Doctor to induce the refusers to yield to the Loan in the first Sermon Page 26 27. First if they would please to consider that though such Assemblies as are the highest and greatest Representations of a Kingdom be most Sacred and Honorable and Necessary also to those ends to which they were at first instituted yet know we must that ordained they were not to this end to
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
he hath prefixed and still resoves to hold that so for this time all Christendom might take notice of a sweet parting between him and his people Which if it fall out his Majesty will not be long from another meeting when such if there be any at their leisure and convenience may be considered Mr. Speaker proceeded I will observe somewhat out of this Message ye may observe a great inclination in his Majesty to meet in this House I was bold yesterday to take notice of that liberty ye gave me to go to his Majesty I know there are none here but did imagine whither I went but that I knew ye where desirous and content that I should leave you I would not have desired it give me leave to say this Message bars you not of your Right in matter nay not in manner but it reacheth to his Councels past and for giving him Councel in those things which he commanded It is not his Majesties intentions to protect any Abetter of Spain The end of this was that we might meet again sweetly and happily The House of Lords likewise received this Message by the Lord Keeper MY Lords his Majestie takes notice to your great advantage of the proceedings of this house upon the hearing of his Majesties message yesterday He accounts it a fair respect that ye would neither agree of any Committee or send any Message to his Majesty though it were in your own hearts but yeild your selves to his Majesties Message and defer your own resolutions till you meet again at the time appointed by his Majesty Yet his Majesty takes it in extream good part to hear what was in your heart and especially that ye were so sensible of the inconvenience that might ensue upon the breach of this Parliament Which if it had happened or shall hereafter happen his Majesty assures himself that he shall stand clear before God and men of the occasion But his Majesty saith ye had just cause to be sensible of the danger considering how the estate of Christendom now stands in respect of the multitude and strength of our Enemies and weakness on our part All which his Majesty knows very exactly and in respect therereof called this Parliament the particulars his Majesty holds it needless to recite especially to your Lordships since they are apparant to all men Neither will it be needfull to reiterate them to his Majesty whose cares are most intentive upon them and the best remedy that can be thought on therein is if his Subjects do their parts Therefore his Majesty gives you hearty thanks and bad me tell you that nothing hath been more acceptable to him all the time of this Parliament then this dutiful and discreet carriage of your Lordships which he professeth hath been a chief motive to his Majesty to suspend those intentions that were not far from a resolution Sir Robert Philips assumed the Debate upon the Message delivered by the Speaker and said I rise up with a disposition somewhat in more hope of comfort then yesterday yet in regard of the uncertainty of Councels I shall not change much In the first place I must be bold without flattering a thing nor incident to me to tell you Mr. Speaker you have not only at all times discharged the duty of a good Speaker but of a good man for which I render you many thanks Another respect touching his Majesties Answer to our Petition First if that Answer fall out to be short I free his Majesty and I believe his Resolution was to give that that we all expected But in that as in others we have suffered by reason of interposed persons between his Majesty and us But this day is by intervenient accidents diverted from that but so as in time we go to his Majesty Therefore let us remove those jealousies in his Majesty of our Proceedings that by somâ— men over-grown have bin mispresented we have proceeded with temper in confidence of his Majesties goodness to us and our fidelity to him and if any have construed that what we have done hath been out of feare let him know we came hither free men and will ever resolve to endure the worst and they are poor men that make such interpretations of Parliaments in this way and method we proceeded and if any thing fall out unhappily it is not King Charles that advised himself but King Charles misadvised by others and misled by misordered Councel it becomes us to consider what we were doing and now to advise what is fit to be done We were taking consideration of the State of the Kingdome and to present to his Majesty the danger he and we are in iâ— since any man hath been named in particular though I love to speak of my betters with humility let him thank himself and his Councels but those necessary jealousies gives us occasion to name him I assure my self we shall proceed with temper and give his Majesty satisfaction if we proceed in that way his Majesties message is now explanatory in point of our liberties that he intends not to barre us of our rights and that he would not have any aspersion cast on the Councels past let us present to his Majesty shortly and faithfully and declare our intentions that we intend not to lay any aspersion upon him but out of a necessity to prevent the eminent dangers we are surrounded with and to present to him the affaires at home and abroad and to desire his Majesty that no interposition of mis-information of men in fault may prevaile but to expect the issue that shall be full of duty and Loyalty The Commons sent a message to the Lords that they would joyne in an humble request to the King that a clear and satisfactory answer be given by his Majesty in full Parliament to the petition of Right whereunto the Lords did agree Afterward the House was turned again into a Committee and considered of some more heads to be inserted into the Declaration or Remonstrance as the designe to bring into this Nation Forreign Forces under the command of Dolbeir And Burlemack was called into the House who confessed he received thirty thousand pound by Privy seal for the buying of Horses that one thousand of them are levied that those Horse and their Riders are to come over and Armes are provided for them in Holland but he â—eares a Countermand is gone to stay them The Privy Seal is in these Words CHarles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Treasurer and under Treasurer for our Exchequer for the time being Greeting We do hereby will and command you out of our Treasury remaining in the receipt of our said Exchequer forthwith to pay or cause to be paid unto Philip Burlemack of London Merchant the summe of thirty thousand pounds to be paid by him over by Bill of Exchange into the Low-Countreys and Germany unto our Trusty and
well performed would require the time and industry of the ablest men both of Counsel and Action that your whole Kingdome will affoard especially in these times of common danger And our humble desire is further that your most excellent Majesty will be pleased to take into your Princely consideration whether in respect the said Duke hath so abused his power it be safe for your Majesty and your Kingdom to continue him either in his great Offices or in his place of nearness and Councel about your sacred Person And thus in all humility aiming at nothing but the honour of Almighty God and the maintenance of his true Religion the safety and happiness of your most excellent Majesty and the preservation and prosperity of this Church and Common-wealth We have endeavoured with faithfull hearts and intentions and in discharge of the duty we owe to your Majesty and our Countrey to give your Majesty a true Representation of our present danger and pressing calamities which we humbly beseech your Majesty graciously to accept and take the same to heart accounting the safety and prosperity of your people your greatest happiness and their love your Richest Treasure A rufull and lamentable spectacle we confess it must needs be to behold those Ruines in so fair an House So many diseases and almost every one of them deadly in so strong and well tempered a body as this kingdom lately was But yet we will not doubt but that God hath reserved this Honor for your Majesty to restore the safety and happiness thereof as a work worthy so excellent a Prince for whose long life and true felicity we daily pray and that your fame and never dying Glory may be continued to all succeeding Generations HEreupon a Message was sent to his Majesty desiring access to his Person with the Remonstrance and the Speaker was appointed to deliver it who much desired to be excused but the House would not give way thereunto The House also sent up the Bill of Subsidy unto the Lords Soon after the King sends a Message by Sir Humphrey May that he means to end this Session on the 26. of Iune whereupon the Commons fall upon the Bill of Tunnage and Poundage In the mean time this ensuing Order concerning the Duke was made in the Starchamber upon the signification of his Majesties pleasure In Interiori Camera Stellatâ 16. Junii Anno quarto Caroli Reg. FOrasmuch as his Majesty hath been graciously pleased to signifie unto his Highness Atturney General that his Royal pleasure is that the Bill or information Exhibited into this Court against the Right Honourable George Duke of Buck. for divers great offences and misdemeanours objected against him for that his Majesty is fully satisfied of the innocency of that Duke in all those things mentioned in the said information as well by his own certain knowledge as by the proofs in the Cause shall therefore together with the said Dukes Answer thereunto and all other proceedings thereupon be taken off the File that no memory thereof remain of Record against him which may tend to his disgrace It is therefore Ordered that the said Information or Bill the Answer thereunto and all other Proceedings thereupon be forthwith taken from the File by his Majesties said Atturney General according to his Majesties pleasure therein to him signified under his hand and now remaining in the custody of the Register of this Court Dated this present 16. day of Iune 4. Caroli Exam. per Jo. Arthur 16. Iunii 1628. ON this very day the Duke signified unto the House that he is informed that one Mr. Christopher Eukener of the House of Commons hath affirmed that his Grace did speak these words at his own Table Viz. Tush it makes no matter what the Commons or Parliament doth for without my leave and authority they shall not be able to touch the hair of a Dogg And his Grace desired leave of their Lordships that he might make his Protestation in the House of Commons concerning that Speech And to move them that he which spake it of him being a Member of that House might be commanded to justifie it and his Grace heard to clear himself Their Lordships considering thereof ordered that the Duke shall be left to himself to do herein what he thinks best in the House of Commons Whereupon the Duke gave their Lordships thanks and protested upon his Honour that he never had those words so much as in his thoughts Tho which Protestation the Lords Commanded to be entred that the Duke may make use thereof as need shall be The Duke also charged one Mr. Melvin for speaking words against him Viz. First That Melvin said That the Dukes plot was that the Parliament should be dissolved and that the Duke and the King with a great Army of Horse and Foot would war against the Commonalty and that Scotland should assist him so that when war was amongst our selves the Enemy should come in for this Kingdom is already sold to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Jesuites Scotishmen and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the Duke could alter it 4. That when the Ordnance were shipt at St. Martins the Duke caused the Souldiers to go on that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his blood and Marquess Hamiltons with others cries out for vengeance to heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poisoned by Sir Thomas Overbury and he himself served with the same sauce and that the Earl of Somerset and others could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence About the same time the Lord Keeper reported to the House of Lords what his Majesty said touching the Commission of Excise Viz. That their Lordships had reason to be satisfied with what was truly and rightly told them by the Lords of the Councel that this Commission was no more but a warrant of advice which his Majesty knew to be agreeable to the time and the manifold occasions then in hand but now having a supply from the loves of his people he esteems the Commission useless and therefore though he knows no cause why any jealousie should have risen thereby yet at their desires he is content it be cancelled and he hath commanded me to bring both the Commission and Warrant to him and it shall be cancelled in his own presence The day following the Lord Keeper reported that his Majesty had cancelled the Commission and the Warrant for putting the Seal thereunto and did there openly shew it and a Message was sent to the Commons to
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
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
ticklish point Therefore he was committed to the custody of the Marshal and all the other Prisoners were remanded to the Tower because they would not find sureties for the good behaviour Accordingly the same Term an Information was exhibited by the Atturney General against Sir Iohn Elliot Denzil Holles Sir Benjamin Valentine reciting That a Parliament was summoned to be held at Westminster 17 Martii tertio Caroli Regis ibid. inchoat and that Sir Iohn Elliot was duly elected and returned Knight for the County of Cornwal and the other two Burgesses of Parliament for other places and Sir Iohn Finch chosen Speaker That Sir John Elliot machinans intendens omnibus viis modis seminare excitare discord evil will murmurings and seditions as well versus Regem Magnates Praelatos Proceres Justiciarios suos quam inter Magnates Proceres Justiciarios reliquos Subditos Regis totaliter deprivare avertere regimen gubernationem Regni Angliae tam in Domino Rege quam in Conciliariis Ministris suis cujuscunque generis introducere tumultum confusionem in all Estates and parts ad intentionem That all the Kings Subjects should withdraw their affections from the King The 23 of February Ann. 4 Carol. in the Parliament and hearing of the Commons falso malitiose seditiose used these words The Kings Privy Council his Judges and his Counsel learned have conspired together to trample under their feet the Liberties of the Subjects of this Realm and the Liberties of this House And afterwards upon the 2 of March Ann. 4. aforesaid the King appointed the Parliament to be adjourned until the 10 of March next following and so signified his pleasure to the House of Commons and that the three Defendants the said 2 day of March 4 Car. malitiose agreed and amongst themselves conspired to disturb and distract the Commons that they should not adjourn themselves according to the Kings pleasure before signified And that the said Sir Iohn Elliot according to the agreement and conspiracy aforesaid had maliciously in propositum intentionem praedict in the House of Commons aforesaid spoken these false malicious pernitious and seditious words precedent c. And that the said Denzil Holles according to the agreement and conspiracy aforesaid between him and the other Defendants then and there falso malitiose seditiose uttered haec falsa malitiosa scandalosa verba precedentia c. And that the said Denzil Holles Benjamin Valentine secundum agreamentum conspirationem praedict ad intentionem propositum praedict uttered the said words upon the said 2 of March after the signifying the Kings pleasure to adjourn and the said Sir John Finch the Speaker endeavoring to get out of the chair according to the Kings command They vi armis manu forti illicito assaulted evil entreated and forcibly detayned him in the chair and afterwards he being out of the chair they assaulted him in the House and evil entreated him violenter manu forti illicito drew him to the chair and thrust him into it whereupon there was great tumult and commotion in the House to the great terror of the Commons there assembled against their Allegeance in maximum contemptum and to the disherison of the King his Crown and Dignity for which c. To this Information the Defendants put in a Plea to the jurisdiction of the Court Forasmuch as these offences are supposed to have been done in Parliament they ought not to be punished in this Court or any other except in Parliament And the Atturney General moved the Court to over-rule the Plea as to the jurisdiction of the Court and this he said the Court might do although he did not demur upon the Plea But the Court would not over-rule the Plea but gave a day to joyn in demurr that Term. And on the first day of the next Term the Record to be read and within a day after argued at the Bar. In Hilary Term following the Case of Walter Longe Esquire one of the imprisoned Gentlemen came to hearing in the Star-Chamber which was as followeth An Information was exhibited into the Star-Chamber by SIR Robert Heath Knight his Majesties Atturney General Plaintiff against the said Walter Longe Defendant for a great and presumptuous Contempt against his Majesty for breach of duty and trust of his Office and for manifest and wilful breach of his Oath taken as high Sheriff of the County of Wilts and not residing and dwelling in his own person in the said County according to the said Oath but being chosen one of the Citizens for the City of Bath in the County of Somerset to serve for the said City in the last Parliament by colour thereof he remained at London or Westminster during the time of that Parliament by the space of three months and above in neglect of his Duty and in manifest contempt of the Laws of this kingdom which cause was now by his Majesties said Atturney General brought to hearing upon the Defendents own confession And upon opening the answer and reading the examination of the said Defendant it appeared to this Court That the said Defendant Long was by his now Majesty made high Sheriff of the County of Wilts in or about November in the third year of his Majesties reign and received his Patent of Sheriffwick for the said County about ten days after and that he took an Oath before one of the Masters of the Chancery for the due execution of the said Office of Sheriff of the said County In which Oath as appear'd by the same there read in Court he did swear that he would in his own person remain within his Bayliffwick during all the time of his Sheriffwick unless he had the King license to the contrary and that at an Election of Citizens for the said City of Bath the said Defendant Longe was chosen one of the Citizens to serve for the said City of Bath in the Parliament then summoned to be holden and commence upon the seventeenth day of March in the said third year of his Majesties reign and being so chosen and returned by the Sheriff of the Countie of Somerset notwithstanding his said Oath taken to remain in his proper person within his Bayliffwick unless he were licensed by his Majestie he the said Defendant did make his personal appearance in the Commons house of Parliament at the City of Westminster in the County of Middlesex and did during the most part of the said Parliament continue in and about the City of London and Westminster and did attend in the Parliament as a Citizen for the said City of Bath during all which time he likewise was and continued high Sheriff for the said County of Wilts and had no particular license from his Majesty to the contrary Upon consideration whereof as also of the the particular causes and reasons of the Defendants Demurrer and Plea formerly exhibited
unto the said Information the benefit whereof was by order of the Court reserved unto the Defendant to be debated and considered of at the hearing of this cause and of divers other matters now urged for the Defendant both to have justified his the said Defendants attendance in Parliament and his not residence in person in the County whereof he was then Sheriff and amongst other things that it properly belonged to the house of Parliament to judge of the justness or unjustness of the said Election and upon grave and mature consideration thereof had and taken by the Court their Lordships did not onely conceive the said Demurrer and Plea and other the Arguments and Reasons used by the Defendant and his Council to be of no weight or strength but also to be in opposition and derogation of the Jurisdiction of the Court the reasons moved and urged for the Defendants excuse or justification being clearly answered and the charges of the Information made good by Mr. Atturney General and others of his Majesties Counsel learned And therefore the whole Court were clear of opinion and did so declare That the said Defendant who at that time as high Sheriff had the custody and charge of the County of Wilts committed unto him by his Majesty and had taken his Oath according to the Law to abide in his proper person within his Bayliffwick during all the time of his Sheriffwick as aforesaid and whose trust and imployment did require his personal attendance in the said Countie had not onely committed a great offence in violating the said Oath so by him taken but also a great misdemeanor in breach of the trust committed unto him by his Majesty and in contempt of his Majesties pleasure signified unto him by and under his Highness great Seal when he granted unto him the said Office of Sheriffwick aforesaid For which said several great Offences in breach of his said Oath neglect of the trust and duty of his Office and the great and high contempt of his Majesty their Lordships did hold the said Defendant worthy the sentence of the Court the rather to the end that by this example the Sheriffs of all other Counties may be deterred from committing the like offences hereafter and may take notice that their personal residence and attendance is required within their Bayliffwicks during the time of their Sheriffwick The Court therefore thought fit ordered adjudged and decreed That the said Defendant should stand and be committed to the prison of the Tower there to remain during his Majesties pleasure and also pay a Fine of two thousand Marks to his Majesties use and further make his humble submission and acknowledgement of his offence both in the Court of Star-Chamber and to his Majesty before his thence enlargment The same Term Mr. Mason argued in the kings Bench for Sir Iohn Elliot against the Information preferred against him amongst others by Sir Robert Heath the kings Atturney General and the same day the Atturney General argued in maintenance of the said Information the Judges also the same day spake briefly to the Case and agreed with one Voyce That the Court as this Case is shall have Jurisdiction although that these offences were committed in Parliament and that the imprisoned Members ought to answer Iones began and said That though this Question be now newly moved yet it is an ancient Question with him for it had been in his thoughts these eighteen yeers For this Information there are three Questions in it 1. Whether the matters informed be true or false and this ought to be determined by Iury or Demurrer 2. When the matters of the Information are found or confessed to be true if the Information be good in substance 3. Admit that the offences are truly charged if this Court hath power to punish them and that is the sole Question of this day And it seems to me that of these offences although committed in Parliament this Court shall have jurisdiction to punish them The Plea of the Defendents here to the jurisdiction being concluded with a Demurrer is not peremptory unto them although it be adjudged against them but if the Plea be pleaded to the jurisdiction which is found against the Defendant by verdict this is peremptory In the discussion of this point I decline these Questions 1. If the matter be voted in Parliament when it is finished it can be punished and examined in another Court 2. If the matter be commenced in Parliament and that ended if afterward it may be Questioned in another Court I question not these Matters but I hold That an Offence committed criminally in Parliament may be questioned elsewhere as in this Court and that for these Reasons First Quia interest Reipublicae ut malesicia non maneant impunita and there ought to be a fresh punishment of them Parliaments are called at the Kings pleasure and the King is not compellible to call his Parliament and if before the next Parliament the party offending or the witnesses die then there will be a â—ayler of Justice Secondly The Parliament is no constant Court every Parliament mostly consists of several men and by consequence they cannot take notice of matters done in the foregoing Parliament and there they do not examine by oath unless it be in Chancery as it is used of late time Thirdly The Parliament cannot send Process to make the offenders to appear at the next Parliament and being at large if they hear a noise of a Parliament they will fugam facere and so prevent their punishment Fourthly Put the case that one of the Defendants be made a Baron of Parliament now he cannot be punished in the House of Commons and so he shall be unpunished It hath been objected That the Parliament is the Superior Court to this therefore this Court cannot examine their proceedings To this I say That this Court of the Kings Bench is a higher Court then the Justices of Oyer and Terminer or the Justices of Assize But if an offence be done where the Kings Bench is after it is removed this offence may be examined by the Justices of Oyer and Terminer or by the Justices of Assize We cannot Question the Judgments of Parliaments but their particular offences 2. Obj. It is a Priviledge of Parliament whereof we are not competent Iudges To this I say That Privilegium est privata lex privat legem And this ought to be by grant prescription in Parliament and then it ought to be pleaded for the manner as is 33 Hen. 8 Dy. as it is not here pleaded Also we are Judges of all Acts of Parliament as 4 Hen. 7. Ordinance made by the King and Commons is not good and we are Judges what shall be said a Session of Parliament as it is in Plowden in Patridges Case We are Judges of their lives and lands therefore of their Liberties And 8 Eliz. which was cited by Mr. Atturney it was the opinion of Dyer Oatlyn Welsh Brown
of the opinion of Mr. Atturney General that the word proditore would have made this Treason And for the other matters he agreed with the Judges Therefore by the Court the Defendants were ruled to plead further and Mr. Lenthal of Lincolns-Inn was assigned of Counsel for them Inasmuch as the Defendants would not put in other Plea the last day of the Term judgment was given against them upon a nihil dicit which judgment was pronounced by Iones to this effect The matter of the Information now by the confession of the Defendants is admitted to be true and we think their Plea to the jurisdiction insufficient for the matter and manner of it And we hereby will not draw the true Liberties of Parliament-men into Question to wit for such matters which they do or speak in Parliamentary manner But in this case there was a conspiracy between the Defendants to slander the State and to raise sedition and discord between the King his Peers and People and this was not a Parliamentary course All the Iudges of England except one have Resolved the Statute of 4 Hen. 8. to be a private Act and to extend to Strood only But every Member of the Parliament shall have such Priviledges as are there mentioned but they have no Priviledge to speak at their pleasure The Parliament is an high Court therefore it ought not to be disorderly but ought to give good example to other Courts If a Judg of our Court shall rayl upon the State or Clergy he is punishable for it A Member of the Parliament may charge any great Officer of the State with any particular offence but this was a malevolous accusation in the generality of all the Officers of State therefore the matter contained within the Information is a great offence and punishable in this Court 2. For the punishment although the offence be great yet that shall be with a light hand and shall be in this manner 1. That every of the Defendants shall be imprisoned during the Kings pleasure Sir John Elliot to be imprisoned in the Tower of London and the other Defendants in other Prisons 2. That none of them shall be delivered out of Prison until he give security in this Court for his good behaviour and have made submission and acknowledgment of his offence 3. Sir John Elliot inasmuch as we think him the greatest offender and the ringleader shall pay a fine to the King of 2000 l. and Mr. Holles a fine of 1000 marks and Mr. Valentine because he is of less ability then the rest shall pay a fine of 500 l. And to all this all the other Justices with one voice accorded FINIS APPENDIX His Majesties Declaration to all his Loving Subjects of the Causes which moved him to dissolve the last Parliament March 10. 1628. HOwsoever Princes are not bound to give accompt of their Actions but to God alone yet for the satisfaction of the minds and affections of Our Loving Subjects We have thought good to set down thus much by way of Declaration that We may appeare to the world in the truth and sincerity of Our Actions and not in those Colours in which We know some turbulent and ill-affected spirits to masque and disguise their wicked intentions dangerous to the State would represent Us to the publick view We assembled our Parliament the 17th day of March in the third yeer of Our Reigne for the safety of Religion for securing Our Kingdoms and Subjects at home and Our friends and Allies abroad And therefore at the first sitting down of it We declared the miserable afflicted estate of those of the reformed Religion in Germany France and other parts of Christendome the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that Party which was united against Us That besides the Pope and the house of Austria and their antient confederates the French King professed the rooting out of the Protestant Religion That of the Princes and States on Our party some were over-run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessity of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readinesse they agreed to grant a liberall aid But before it was brought to any perfection they were diverted by a multitude of Questions raised amongst them touching their Liberties and Priviledges and by other long disputes that the Bill did not passe in a long time and by that delay Our affairs were put into a far worse case then at the first Our Foraigne Actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardnesse We attribute it that it was Propounded and Resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causlesse jealousies stirred up by men of another temper did much lessen both the reputation and reality of that Supply And their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not onely of Our great occasâ—ons but of the presidents of former Subsidies and of the intentions of all well-affected men in that House In those large Disputes as We permitted many of Our high prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We did endeavour to have shortned those debates for winning of time which would have much advantaged Our great affairs both at home and abroad And therefore both by speeches and messages We did often declare Our gratious and clear resolution to maintain not onely the Parliament but all our People in their antient and just liberties without either violation or diminution and in the end for their full satisfaction and security did by an Answer framed in the form by themselves desired to their Parliamentary Petition confirm their antient and just Liberties and Rights which We resolve with all constancy and justice to maintain This Parliament howsoever besides the setling Our necessary supply and their own liberties they wasted much time in such proceedings blasting Our Government as We are unwilling to remember yet We suffered them to sit untill themselves desired Us to appoint a time for their Recesse not naming either Adjournment or Prorogation Whereupon by advice of Our Councill We resolved to prorogue and make a Session and to that end prefixed a day by which they might as was meet in so long a Sitting finish some profitable and good Lawes and withall gave order for a gratious Pardon to all Our Subjects which according to the use
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
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
in my understanding which is much subject to mistakes can receive no sufficient answer I will divide my argument into four severall heads 1. To point out those matters which I think unnecessary and not conducible to the matter in question 2. I will consider the Warrant of the Privy Councill in this case 3. The UUarrant of the King himself 4. The objections which have been made by the contrary side the strength of them and give answer to them For the first of these heads 1. I will admit that the King may commit a man 2. That a man committed by the King is not replevisable by the Sheriff but he is baylable by this Court notwithstanding the Statute of Westm. 1 C. 15. And that he shall not be baylable is against the Petition of Right I will not dispute it for it is established by the Answer of the King to the said Petition And the Arguments made to this purpose in the said Parliament and in the Painted Chamber before both the Houses are recorded in Parliament to which every one may resort But I will lay as a ground of my following Argument that as offences are of two natures Capitall or as Trespasses so they are punished in two manners to wit Capitally or by Fine or Imprisonment For the offences of the first nature as Treasons and the like imprisonment is imposed upon the offender onely for Custody but for misdemeanors of the second nature imprisonment is imposed upon him for a Punishment Then this is my ground That no free-man that is imprisoned onely for misdemeanours before conviction may be detained in prison without bayle if it be offered unlesse it be in some particular cases in which the contrary is ordained by any particular Statute 2. For the Warrant of the Privy Councill which signifies the pleasure of the King to commit the prisoner perhaps this was a good ground of the commitment but it is no ground for the detaining of the prisoner without bail and this the King himself hath acknowledged as the antient Right of the Subject in the Petition of Right wherefore it is not now to be disputed 3. For the Warrant of the King as it is certified by this Return there is not any sufficient cause contained within it for the detaining of the prisoner in prison for the Law being as I have declared above that for a misdemeanour before conviction no free-man may be imprisoned before conviction without bayl or mainprize The sole question now is If this Return contain within it any capitall offence or if onely a trespasse or misdemeanour and then the party is baylable And for the disquisition hereof I will consider the Return 1. As it is divided in severall parts 2. I will consider all those parts of it together 1. As it is severed in parts The first part of it for notable contempts by him committed against Our Self and Our Government For contempts all contempts are against the King mediately or immediately and against his Government Notable this is all one with notorious and manifest as appears by the Statute of Westm. 1 chap. 15. and 26 E. 3.71 which hath been remembered And Notable is but an emphaticall expression of the nature of the thing and alters it not Against Us All riots routs batteries and trespasses are against Us and against Our Crown and Dignity contempt against any Court of Iustice is a contempt against Us. But if the Return were made here that he was committed for a contempt made in Chancery the party shall be bailed as it was resolved in this Court in Michael Apsley's case and in Ruswel's case 13 Jac. for the Return is too generall C. 11.98 In it the nature of the offence ought to be expressed that the Court may iudge thereof And contempts here is indiliviâ—luum vagum therefore for them before conviction the party cannot be imprisoned without bayl or mainprize The second part of the Return is And for stirring up of sedition against Us The other-side said that Seditio is ever taken in the worst sense That is true But hence it followes not that the party that commits it is not baylable Every small offence is taken in the worst sense as the stealing of an Apple and the like but such kind of offendors shall not be committed without bayl To examine the nature of this offence which is called Sedition it ought to be understood as this Return is either as Trespasse or as high Treason for it cannot be intended to be petty-treason for petty-treason is so called in respect of the offence done to any particular subject but in respect of the King it is but as a felony therefore the Indictments for the same are Feloniously and traiterously And here the words are sedition against Us so of necessity it ought to be intended of an offence that more immediately concerns the King For the discussing of this matter First I will consider in what sense and signification this word Seditio is used 2. How it shall be expounded here by the relation thereof to the King 3. What sense these words against Us shall have here 1. For Sedition it is not found in the division of offences in our Law but as it is mingled and coupled with other offences No Indictment of Sedition onely was ever seen nor can be shewen routs riots and unlawfull assemblies are much of the same nature with it and do well expresse the nature of Sedition The English word is drawn from the word Seditio in Latine and the derivation of it is as hath been observed Se-itio or Seorsum-itio and the seditious as one saies take a diversion and draw others It is used in the Bible in Poets Histories and Orators for a tumult or hurly-burly or uprore or confused noise Seditioque recens dubioque susurro in Liv. lib. 2. cap. 44. And in Tacitus it is taken for mutiny in an Army when the Army is alwaies repining at the Captain In the Italian Language which is the elder son of Latine sedition and discord is all one Numb cap. 20.3 the Latine Translation is Versi in seditione the English is chode or murmured Numb 26.9 the Latine is In seditione Corah the English is In the company of Corah Numb 27. 3. the Latine is Nec fuit in seditione eorum the English is In the company or assembly of them Judg. 12.1 the Latine Translation is Facta est ergo seditio in Ephraim the English Translation is The men of Ephraim gathered themselves together In the New Testament Act. 19.40 Seditio in the Latine is translated uprore or meeting Act. 15.2 Facta est ergo seditio c. and it is translated dissention and disputation Act. 24.5 Tertullus the Orator accuseth Paul for moving sedition and the subsequent words are A ring-leader of the sect of the Pharisees so that his sedition there was but a schism And the words there are in a manner the very same with ours here there it was for moving here for
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
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
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
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
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
other men of good sort but of lesser quality I have heard some by name to whom exception hath been taken and these are three I know from the Court by a Friend that my House for a good space of time hath been watched and I marvel that they have not rather named sixty then three The first of these is Sir Dudley Diggs a very great Mote in the Dukes Eye as I am informed for it is said That this Knight hath paid him in Parliament with many sharp Speeches If this be so yet what is that to me he is of age to answer for himself But in the time of the late Parliament when the Earl of Carlile came unto me and dealt with me thereabout I gave him my word and I did it truly That I was not acquainted with these things onely being sick as I was I had in general given him advice That he should do nothing that might give just offence to the King and I have credibly heard that when Sir Dudley was last in the Fleet committed from the Council Table he was much dealt withal to know Whether he was not instigated by me to accuse the Duke in Parliament The Knight with all the Protestations and Assurances that could come from a Gentleman acquitted me of the part and whole wherein he did me but right And I do remember when that man now so hated was a great Servant of the Dukes So that if he have now lost him it cannot but be presumed that it is for some unworthy carriage which the Gentleman conceiveth hath by that Lord been offered unto him Moreover How can I but imagine the words and actions of Sir Dudley Diggs have been ill interpreted and reported When I my self saw the Duke stand up nine times in a morning in the Parliament House to fasten upon him words little less if at all less then Treason when by the particular Votes of all the Lords and Commons in both Houses he was quit of those things which the other would have enforced upon him And a little while before he was hastily clapt into the Tower and within a day or two released again because nothing was proved against him And I assure you I am so little interessed in his actions That to this day I could never learn the reason why he was imprisoned in the Fleet although he was kept there for Seven or eight weeks I distinguish the King from the Duke of Buckingham the one is our Soveraign by the Laws of God and Men the other a Subject as we are And if any Subject do impeach another though of different degrees let the party grieved remedy himself by Law and not by Power But to speak further for this Knight I may not forget when he was publickly employed one time to the Hague a second time to Muscovia and thirdly into Ireland about Affairs of the State such opinion was then held of his good endeavors And for mine own part ever since the days of Queen Elizabeth I have been nearly acquainted with him he was my Pupil at Oxford and a very towardly one and this knowledge each of other hath continued unto this time He calleth me Father and I term his Wife my Daughter his eldest Son is my God-son and their Children are in love accounted my Grand-children The second that I have heard named was Sir Francis Harrington a Gentleman whom for divers years I have not seen and who for ought I know was never in my house but once in his life The third was Sir Thomas Wentworth who had good occasion to send unto me and some times to see me because we were joynt Executors to Sir George Savile who married his Sister and was my Pupil at Oxford to whose Son also Sir Thomas Wentworth and I were Guardians as may appear in the Court of Wards and many things passed between us in that behalf yet to my remembrance I saw not this Gentleman but once in these Three quarters of a year last past at which time he came to seek his Brother-in-law the Lord Clifford who was then with me at Dinner at Lambeth For one of the punishments laid upon me it was told me by the Lord Conway That I must meddle no more with the High Commission and accordingly within a few days after a Warrant is sent to the Attorney General that the Commission must be renewed and the Archbishop must be left out This under hand being buzzed about the Town with no small mixture of spight I conceived it to be agreeable to the proceedings with the Lords and Gentlemen which refused to contribute to the Loan they all being laid aside in the Commissions for Lieutenancy and the Peace in their several Countreys For my part I had no cause to grieve at this since it was his Majesties pleasure but it was by the actors therein understood otherwise they supposing that this power gave me the more Authority and Splendor in the Church and Common-wealth To deliver therefore truly the state of this Question It cannot be denied but that it was a great point of policy for the establishing of Order in the Ecclesiastical and consequently Civil Estate also to erect such a Court whereby Church-men that exorbitated in any grievous manner might be castigated and rectified and such sort of crimes in the Layety might be censured as were of Ecclesiastical Cognisance And verily this is of great use in the Kingdom as well for cherishing the Study of the Civil Law as otherwise So that it be kept incorruptible and with that integrity as so grave a Meeting and Assembly requireth That was principally my care who took much pains and spent much money that in fair and commendable sort Justice was indifferently administred to all the Kings people that had to do with us But every one might see that this was to my singular trouble for besides that to keep things in a streight course sometimes in fits of the Gout I was forced by my Servants to be carried into the Court where I could not speak much but with difficulty I was at no time free from Petitions from Examinations from signing of Warrants to call some to release others from giving way to speeding and forwarding Acts of Courts Suitors as their fashion is being so importunate as that in Summer and Winter in the day and in the night in sickness and health they would not be denied These things were daily dispatched by me out of Duty and more out of Charity no allowance being of pay from the King or of Fee from the Subject to us that were the Judges Nay I may say more the holding of that Court in such sort as I did was very expenceful to me out of my private Purse in giving weekly entertainment to the Commissioners the reason whereof was this King Iames being desirous when he made me Archbishop that all matters should gravely and honorably be carried directed me that I should always call
some of the Bishops that were about London and some Divines and Civilians that by a good presence Causes might be handled for the reputation of the action and willed me therewithal to imitate therein the Lord Archbishop Whitgift who invited weekly some of the Judges to dinner the rather to allure them thither This advice proceeded from the Bishop of Durham that now is which was not ill if it came from a good intention I obeyed it singly and did that which was enjoyned But whereas in those times the Commissioners were but few since that time there hath been such an inundation of all sorts of men into that Company that without proportion both Lords Spiritual and Temporal Commissioners and not Commissioners resorted thither and divers of them brought so many of their men that it was truly a burthen to me I think it may by my Officers be justified upon Oath That since I was Archbishop the thing alone hath cost me out of my private estate One thousand pounds and a half and if I did say Two thousand pounds it were not much amiss besides all the trouble of my Servants who neither directly nor indirectly gained six pence thereby in a whole year but onely travel and pains for their Masters honor and of that they had enough My Houses being like a great Hostry every Thursday in the Term and for my expences no man giving me so much as thanks Now this being the true Case if the Church and Commonwealth be well provided for in the Administration of Justice and regard be had of the Publick can any discreet man think that the removing of me from this molestation is any true punishment upon me I being one that have framed my self to Reality and not to Opinion and growing more and more in years and consequently into weakness having before surfeited so long of worldly shews whereof nothing is truly gained temporally but vexation of spirit I have had enough of these things and do not dote upon them The world I hope hath found me more stayed and reserved in my Courses Nevertheless whatsoever was expedient for this was dispatched by me while I lived at Lambeth and Croyden albeit I went not out of door Yea but you were otherwise inutile not coming to the Star-chamber nor to the Council-Table My pain or weakness by the Gout must excuse me herein When I was younger and had my health I so diligently attended at the Star-chamber that for full seven years I was not one day wanting And for the Council-Table the same reason of my Indisposition may satisfie But there are many other things that do speak for me The greatest matters there handled were for Money or more Attempts of War For the one of these we of the Clergy had done our parts already the Clergy having put themselves into Paiments of Subsidy by an Act of Parliament not only for these two last years when the Temporalty lay in a sort dry but yet there are three years behind in which our Paiments run on with weight enough unto us And no man can justly doubt but my hand was in those Grants in a principal fashion And concerning the Provisions for War I must confess mine ignorance in the Feats thereof I knew not the grounds whereupon the Controversies were entred in general I thought that before Wars were begun there should be store of Treasure That it was not good to fall out with many great Princes at once That the turning of our Forces another way must needs be some diminution from the King of Denmark who was engaged by us into the Quarrel for the Palatinate and Germany and hazarded both his Person and Dominions in the prosecution of the Question These matters I thought upon as one that had sometimes been acquainted with Councils but I kept my thoughts unto my self Again I was never sent for to the Council-Table but I went saving one time when I was so ill that I might not stir abroad Moreover I was sure that there wanted no Councellors at the Board the Number being so much increased as it was Besides I had no great encouragement to thrust my crasie Body abroad since I saw what little esteem was made of me in those things which belonged to mine own Occupation With Bishopricks and Deanries or other Church-Places I was no more acquainted then if I had dwelt at Venice and understood of them but by some Gazette The Duke of Buckingham had the managing of these things as it was generally conceived For what was he not fit to determine in Church or Commonwealth in Court or Council in Peace or War at Land or at Sea at Home or in Foreign parts Montague had put out his Arminian Book I threee times complained of it but he was held up against me and by the Duke magnified as a well-deserving man Cosens put out his Treatise which they commonly call The Seven Sacraments which in the first Edition had many strange things in it as it seemeth I knew nothing of it but as it pleased my Lord of Durham and the Bishop of Bath So the World did read We were wont in the High-Commission to repress obstinate and busie Papists In the end of King Iames his time a Letter was brought me under the Hand and Signet of the King That we must not meddle with any such matter nor exact the Twelve-pence for the Sunday of those which came not to the Church with which Forfeit we never medled And this was told us to be in contemplation of a Marriage intended with the Lady Mary the Daughter of France After the death of King Iames such another Letter was brought from King Charls and all Execution against Papists was suspended But when the Term was at Reading by open divulgation in all Courts under the Great Seal of England We and all Magistrates are set at liberty to do as it was prescribed by Law And now our Pursuvants must have their Warrants again and take all the Priests they can whereof Mr. Cross took fourteen or fifteen in a very short space Not long after all these are set free and Letters come from the King under his Royal Signet That all Warrants must be taken from our Messengers because they spoiled the Catholicks and carried themselves unorderly unto them especially the Bishops Pursuvants Whereas we had in all but two Cross my Messenger for whom I did ever offer to be answerable and Thomlinson for whom my Lord of London I think would do as much But the Caterpillers indeed were the Pursuvants used by the Secretaries men of no value and shifters in the world who had been punished and turned away by us for great misdemeanors But truth of Religion and Gods service was wont to overrule humane Policies and not to be overruled And I am certain that things best prosper where those courses are held But be it what it may be I could not tell what to make of this variation of the Compass since
dangerous as I hope to make most evident however coming from your Lordships the House of Commons took it into their considerations as became them and apprehending upon the first Debate that it threatned ruine to the whole Petition they did heretofore deliver some Reasons to your Lordships for which they then desired to be spared from admitting it To these Reasons your Lordships offered some Answers at the last meeting which having been faithfully reported to our House and there debated as was requisite for a business of such weight and importance I must say truly to your Lordships yet with due reverence to your opinions the Commons are not satisfied with your Arguments and therefore they have commanded me to recollect your Lordships Reasons for this Clause and in a fair Reply to let you see the causes why they differ from you in opinion But before I come to handle the particulars wherein we dissent from your Lordships I will in the first place take notice yet a little further of that general wherein we all concur which is That we desire not neither do your Lordships to augment or dilate the Liberties and Priviledges of the Subjects beyond the just and due Bounds nor to incroach upon the Limits of his Majesties Prerogative Royal and as in this your Lordships at the last meeting expressed clearly your own senses so were your Lordships not mistaken in collecting the concurrent sense and meaning of the House of Commons they often have protested they do and ever must protest that these have been and shall be the Bounds of their desires to demand and seek nothing but that which may be fit for dutiful and loyal Subjects to ask and for a gracious and just King to grant for as they claim by Laws some Liberties for themselves so do they acknowledge a Prerogative a high and just Prerogative belonging to the King which they intend not to diminish And now my Lords being assured not by strained inferences or obscure collections but by the express and clear Declarations of both Houses that our ends are the same it were a miserable unhappiness if we should fail in finding out the means to accomplish our desires My Lords the Heads of those particular Reasons which you insisted upon the last day where onely these 1. First you told us that the word Leave was of such nature that it could give no new thing to his Majesty 2. That no just exception could be taken to the words Soveraign Power for that as his Majesty is a King so he is a Soveraign and as he is a Soveraign so he hath Power 3. That the Soveraign Power mentioned in this Clause is not absolute or indefinite but limited and regulated by the particle That and the word Subsequent which restrains it to be applied onely for Protection Safety and Happiness of the People whereby ye inferred there could be no danger in the allowance of such power 4. That this Clause contained no more in substance but the like expressions of our meanings in this Petition which we had formerly signified unto his Majesty by the mouth of Mr. Speaker that we no way intended to incroach upon his Majesties Soveraign Power or Prerogative 5. That in our Petition we have used other words and of larger extent touching our Liberties then are contained in the Statutes whereon it is grounded In respect of which inlargement it was fit to have some express or implied Saving or Narrative Declaratory for the Kings Soveraign Power of which Narrative ye alledge this Clause to be 6. Lastly whereas the Commons as a main Argument against the Clause had much insisted upon this that is was unprecedented and unparliamentary in a Petition from the Subjects to insert a Saving for the Crown your Lordships brought for instance to the contrary the two Statutes of the 25 E. 1. commonly called Confirmatio Chartarum and 28 E. 1. known by this name of Articuli super Chartas in both which Statutes there are Saving for the Kings Having thus reduced to your Lordships memories the effects of your own reasons I will now with your Lordships favor come to the points of our Reply wherein I most humbly beseech your Lordships to weigh the Reasons which I shall present not as the sense of my self the weakest Member of our House but as the genuine and true sense of the whole House of Commons conceived in a business there debated with the greatest gravity and solemnity with the greatest concurrence of opinions and unanimity that ever was in any business maturely agitated in that House I shall not peradventure follow the Method of your Lordships recollected Reasons in my answering to them nor labor to urge many reasons It is the desire of the Commons that the weight of their Arguments should recompense if need be the smalness of their number And in conclusion when you have heard me through I hope your Lordships shall be enabled to collect clearly out of the frame of what I shall deliver that in some part or other of my discourse there is a full and satisfactory answer given to every particular reason or objection of your Lordships The Reasons that are now appointed to be presented to your Lordships are of two kinds Legal and Rational of which these of the former sort are allotted to my charge and the first of them is thus The Clause now under question if it be added to the Petition then either it must refer or relate unto it or else not if it have no such reference is it not clear that it is needless and superfluous and if it have such reference is it not clear that then it must needs have an operation upon the whole Petition and upon all the parts of it We cannot think that your Lordships would offer us a vain thing and therefore taking it for granted that if it be added it would refer to the Petition let me beseech your Lordships to observe with me and with the House of Commons what alteration and qualification of the same it will introduce The Petition of it self simply and without this Clause declareth absolutely the Rights and Priviledges of the Subject in divers points and amongst the rest touching the Levies of monies by way of Loans or otherwise for his Majesties supply That such Loans and other charges of the like nature by the Laws and Statutes of this Land ought not to be made or laid without common consent by Act of Parliament But admit this Clause to be annexed with reference to the Petition and it must necessarily conclude and have this Exposition That Loans and the like Charges true it is ordinarily are against the Laws and Statutes of the Realm unless they be warranted by Soveraign Power and that they cannot be commanded or raised without assent of Parliament unless it be by Soveraign Power what were this but to admit a Soveraign Power in the King above the Laws and Statutes of the Kingdome Another part of this Petition is
That the free Subjects of this Realm ought not to be imprisoned without cause shewed But by this Clause a Soveraign Power will be admitted and left intire to his Majesty sufficient to control the force of Law and to bring in this new and dangerous Interpretation That the free Subjects of this Realm ought not by Law to be imprisoned without cause shewed unless it be by Soveraign Power In a word this Clause if it should be admitted would take away the effect of every part of the Petition and become destructive to the whole for thence will be the Exposition touching the Billeting of Soldiers and Mariners in free mens houses against their wills and thence will be the Exposition touching the Times and Places for execution of the Law Marshal contrary to the Laws and Statutes of the Realm The scope of this Petition as I have before observed is not to amend our Case but to restore us to the same state we were in before whereas if this Clause be received in stead of mending the condition of the poor Subjects whose Liberties of late have been miserably violated by some Ministers we shall leave them worse then we found them in stead of curing their wounds we shall make them deeper We have set bounds to our desires in this great Business whereof one is not to diminish the Prerogative of the King by mounting too high and if we bound our selves on the other side with this limit not to abridge the lawful Priviledges of the Subject by descending beneath that which is meet no man we hope can blame us My Lords as there is mention made in the additional Clause of Soveraign Power so is there likewise of a trust reposed in his Majesty touching the use of Soveraign Power The word Trust is of great Latitude and large extent and therefore ought to be well and warily applied and restrained especially in the Case of a King There is a trust inseparably reposed in the Persons of the Kings of England but that trust is regulated by Law for example when Statutes are made to prohibite things not mala in se but onely mala quia prohibita under certain forfeitures and penalties to accrue to the King and to the Informers that shall sue for the breach of them The Commons must and ever will acknowledge a Regal and Soveraign Prerogative in the King touching such Statutes that it is in his Majesties absolute and undoubted Power to grant Dispensations to particular persons with the Clauses of Non obstante to do as they might have done before those Statutes wherein his Majesty conferring grace and favour upon some doth not do wrong to others but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded by those Statutes the Subject hath no interest in the penalties which are all the fruit such Statutes can produce until by Suit or Information commenced he become intituled to the particular forfeitures whereas the Laws and Statutes mentioned in our Petition are of another nature there shall your Lordships finde us to rely upon the good old Statute called Magna Charta which declareth and confirmeth the ancicient Common Laws of the Liberties of England There shall your Lordships also finde us also to insist upon divers other most material Statutes made in the time of King E. 4. and E. 3. and other famous Kings for explanation and ratification of the Lawful Rights and Priviledges belonging to the Subjects of this Realm Laws not inflicting Penalties upon Offenders in malis prohibitis but Laws declarative or positive conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as their Birthrights and Inheritance descendable to their Heirs and Posterity Statutes incorporate into the Body of the Common Law over which with reverence be it spoken there is no Trust reposed in the Kings Soveraign Power or Prerogative Royal to enable him to dispense with them or to take from his Subjects that Birthright or Inheritance which they have in their Liberties by vertue of the Common Law and of these Statutes But if this Clause be added to our Petition we shall then make a dangerous overture to confound this good destination touching what Statutes the King is trusted to controll by dispensations and what not and shall give an intimation to posterity as if it were the opinion both of the Lords and Commons assembled in this Parliament that there is a Trust reposed in the King to lay aside by his Soveraign Power in some amergent cases as well of the Common Law and such Statutes as declare or ratifie the Subjects Liberty or confer Interest upon their persons as those other Penal Statutes of such nature as I have mentioned before which as we can by no means admit so we believe assuredly that it is far from the desire of our most Gracious Soveraign to affect so vast a Trust which being transmitted to a Successor of a different temper might enable him to alter the whole frame and fabrick of the Commonwealth and to dissolve that Government whereby his Kingdom hath flourished for so many years and ages under his Majesties most Royal Ancestors and predecessors Our next Reason is That we hold it contrary to all course of Parliament and absolutely repugnant to the very nature of a Petition of Right consisting of particulars as ours doth to clog it with a general Saving or Declaration to the weakning of the Right demanded and we are bold to renew with some confidence our Allegation that there can be no Precedent shewed of any such Clause in any such Petitions in times past I shall insist the longer upon this particular and labour the more carefully to clear it because your Lordships were pleased the last day to urge against us the Statutes of 25 and 28 of E. 1. as arguments to prove the contrary and seemed not to be satisfied with that which in this point we had affirmed True it is that in those Statutes there are such Savings as your Lordships have observed but I shall offer you a clear Answer to them and to all other Savings of like nature that can be found in any Statutes whatsoever First in the general and then I shall apply particular Answers to the particulars of those two Statutes whereby it will be most evident that those examples can no ways sute with the matter now in hand To this end it will be necessary that we consider duely what that question is which indeed concerneth a Petition and not an Act of Parliament This being well observed by shewing unto your Lordships the difference between a Petition for the Law and the Law ordained upon such a Petition and opening truly and perspicuously the course that was holden in framing of Statutes before 2 H. 5. different from that which ever since then hath been used and is still in use amongst us and by noting the times wherein these Statutes