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
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
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
in Parliament The Right Honorable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and a Commissioner of Sewers and a Deputy Lieutenant within the East-Riding of Yorkshire his Lordship is presented to be a Popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are Popish Recusants and some of them convicted William Lord Eury in Commission for the Sewers in the East-Riding a convict Popish Recusant Henry Lord Abergaveney John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner of Sewers in Com. Lanc. himself suspected and his wife a Recusant Iohn Lord Mordant Commissioner of the Peace Sewers and Subsidie in Com. Northampton Iohn Lord St Iohn of Basing Captain of Lidley Castle in Com. Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York Com. Eborac Ville Kingston super Hull presented the last time and continuing still to give suspition of his ill-affection in Religion 1. By never coming to the Cathedral Church upon those dayes wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common dayes as other Presidents were accustomed but publickly departing out of the Church with his servants upon those dayes when the rest of the Council Lord Major and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawkes on those dayes 4. By causing such as are known to be firm on those dayes in the Religion established to be left out of Commission which is instanced in Henry Alured Esquire by his Lordships procurement put out of the Commission of Sewers or else by keeping them from executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lorship hath refused to give the Oath being appointed 5. By putting divers other ill-affected persons in Commission of the Council of Oyer and Terminer and of the Sewers and into other Places of Trust contrary to his Majesties gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish ships of War upon the Coasts of Scarborough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the house of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect and did likewise refuse to shew the Commissioners who were to be imployed for disarming of Popish Recusants the original Letters of the Privy-Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and Store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that service 8. By denying to accept a Plea tendred according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plaintiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay costs 9. By the great increase of Recusants since his Lordships coming to that Government in Ianuary 1619. It appearing by the Records of the Sessions that there are in the East-Riding onely One thousand six hundred and seventy more convicted then were before which is conceived to be an effect of his favor and countenance towards them William Langdale Esquire convict of Popish Recusancy Iordan Metham Henry Holm Michael Partington Esquires George Creswell Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their wives Ralph Bridgeman a Non-Communicant Nicholas Girlington whose wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the same Lord President since the Kings Answer never known to have received the Communion his two onely Daughters brought up to be Popish and one of them lately married to Thomas Doleman Esquire a Popish Recusant Anthony Vicount Montague in Commission of the Sewers in Com. Sussex his Lorship a Recusant Papist Sir William Wray Knight Deputy Lieutenant Colonel to a Regiment his wife a Recusant Sir Edw. Musgrave Sir Tho. Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy Lieutenant and Justice of Peace his wife and children Recusants Sir Richard Egerton a Non-Communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his wife indicted and presented William Whitmore Commissioner of the Subsidy his wife and children Recusants Sir Hugh Beeston Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady indicted for Recusancy and his children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his wife a Popish Recusant and eldest son Sir Ralph Conyers Knight Justice of Peace his wife a Popish Recusant Iames Lawson Esquire a Justice of Peace and one of the Captains of the Trained-band his children Popish Recusants and servants Non-Communicants Sir Iohn Shelley Knight and Baronet a Recusant William Scot Esq a Recusant Iohn Finch Esquire not convict but comes not to Church in Commission of the Sewers These are all convicted Recusants or suspected of Popery Sir William Mollineux Deputy Lieutenant and Justice of Peace his wife a Recusant Sir Richard Honghton Knight Deputy Lieutenant his wife and some of his daughters Recusants Sir William Norris Captain of the general Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant Iames Anderton Esquire Justice of Peace and one of his Majesties Receivers his wife a Non-Communicant his son and heir a great Recusant and himself suspected Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his wife and daughters Popish Recusants Edward Criswell Esquire Justice of Peace his wife a Popish Recusant Iohn Parker Gentleman Muster-Master for the County suspected for a Popish Recusant George Ireland Esquire Justice of Peace his wife a Popish Recusant Iohn Preston Esquire Bow-bearer for his Majesty in Westmorland Forest a Recusant Thomas Covill Esquire Jaylor Justice of Peace and Quorum his Daughter a Recusant married Sir Cuthbert Halsal Justice of Peace his wife a Recusant Richard Sherborn Esquire Justice of Peace himself
they Ordered That all such Duties and Merchandizes shall be levied and paid And they advised the King That the Attorney General prepare for his Majesties Signature an Instrument which may pass under the Great Seal of England to declare his pleasure therein until by Parliament as in former times it may receive an absolute settlement Which passed the Great Seal accordingly The Forfeitures arising to the Crown by the execution of the Laws against Priests Jesuites and Popish Recusants were dedicated to the vast and growing charge of the Designs in hand And Complaint being made against Inferior Officers whose service was herein employed that they had misdemeaned themselves to the oppressing of Recusants without advantage to the King Commissioners of honorable Quality were appointed for the regulating of these proceedings yet no Liberty given to the encouragement or countenance of such dangerous persons as might infect the People or trouble the Peace of Church and State The King therefore Grants a Commission under the Great Seal directed to the most Reverend Father in God Toby Archbishop of York Sir Iohn Savile Knight Sir George Manners Sir Henry Slingsby Sir William Ellis Knights and to divers other Knights and Gentlemen and therein recites THat his Majesty hath received credible Information of the great loss and damages which the Kings Subjects living in Maritime Towns especially in the Northern parts do suffer by depredations attempts and assaults at Sea from Foreign Enemies whereby Trade from those parts are interrupted and the City of London much endamaged for want of Coals and other Commodities usually transported thither from Newcastle upon Tine For redress of which evil his Majesty doth think fit to appropriate and convert all such Debts sums of Money Rents Penalties and Forfeitures of all Recusants inhabiting in the Counties of York Durham Northumberland Cumberland Westmorland Lancaster Nottingham Derby Stafford and Chester which at any time have grown due since the Tenth year of King James and are not yet satisfied or which hereafter shall grow due by reason of any Law or Statute against Recusants to be employed for the maintenance provision arming manning victualling and furnishing of Six able Ships of War for guarding and defending the Coast of this Realm from the furthest North-East point of the Sea unto the mouth of the River of Thames his Majesty further expressing in the said Commission That his Subjects who are owners of Coalâ—Pits the Oast-men of Newcastle upon Tine Owners of Ships and Merchants Buyers and Sellers of Newcastle Coals have béen and are willing to contribute and pay for every Chaldron for the uses aforesaid Wherefore his Majesty upon the considerations before-mentioned doth by his said Commission give power unto the said Commissioners or any four or more of them to treat and make Composition and Agréement with the said Recusants inhabiting within the said Counties for Leases of all their Manors Lands Tenements c. within those Counties for any term of years not excéeding One and forty years and for all Forfeitures due since the Tenth year of King James for their Recusancy in not going to Church to hear Divine Service according to the Laws and Statutes of this Realm under such Condition and Immunities as they or any four of them shall sée méet and convenient according to such Instructions as his Majesty hath or shall give for that purpose his Majesty rather desiring their Conversion then Destruction And such Leases his Majesty doth declare made to the said Recusants themselves or to any persons for their use shall be good and effectual any Law or Statute to the contrary notwithstanding And by the said Commission Sir Iohn Savile was appointed Receiver of all such sums of Money as shall be paid upon these Leases and Mr. Alexander Davison of the Town of Newcastle upon Tine Merchant Adventurer was appointed to receive out of the voluntary and free-wil Contribution of the Owners Buyers and Sellers of Coals the Six pence per Chaldron of Coals In pursuance of this Commission the Recusants did make their Composition upon very easie terms as was afterwards complained of in Parliament A Proclamation was published declaring the Kings Resolution to make his Revenue certain by granting his Lands as well holden by Copy as otherwise to be holden in Fee-farm To the Nobles the King sent particularly to let them know That according to the Presidents of former times wherein the Kings and Queens of England upon such extraordinary occasions have had recourse to those Contributions which arose from the Subjects in general or to the private helps of some that were well affected he doth now expect from them such a large and chearful testimony of their Loyalty as may be acceptable to himself and exemplary to his people His Majesty demanded of the City of London the Loan of an Hundred thousand pounds But the peoples excuses were represented to the Council Table by the Magistrates of the City Immediately the Council sent a very strict command to the Lord Major and Aldermen wherein they set forth the Enemies strong preparations as ready for an Invasion and the Kings great necessities together with his gratious and moderate Proposals in the sum required and the frivolous pretences upon which they excuse themselves Wherefore they require them all excuses being set apart to enter into the business again and to manage the same as appertaineth to Magistrates so highly intrusted and in a time of such necessities and to return to his Majesty a direct and speedy Answer that he may know how far he may relie upon their Faith and Duty or in default thereof may frame his Counsels as appertaineth to a King in such extream and important occasions Moreover a peculiar charge was laid upon the several Ports and Maritime Counties to furnish and set out Ships for the present service The Privy Council expressing his Majesties care and providence to guard his own Coasts against attempts from Spain or Flanders by arming as well the Ships of his Subjects as of his own Navy made a distribution to every Port that with the Assistance and Contribution of the Counties adjoyning they prepare so many Ships as were appointed to them severally and in particular the City of London was appointed to set forth Twenty of the best Ships that lay in the River with all manner of Tackle Sea-stores and Ammunition Manned and Victualled for Three Moneths The Deputy Lieutenants and Justices of the Peace of Dorset having received the Kings Commandment for the setting forth of Ships from the Ports of Pool Weymonth and Lime with the assistance of Contribution from the Counties adjoyning presented to the Council Table an excuse in the behalf both of the Ports and County and pleaded That the Case was without President The Council gave them a check for that instead of Conformity they disputed the Case letting them know That State occasions and the defence of the Kingdom in times of extraordinary danger were not
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
ends And he vindicated the Duke in point of Religion 'T is true said he his Mother is a Recusant but never any thing more grieved him and never did a Son use more means then he to convert her and he hath no power over her and for his own Lady whom he found not firm in his Religion he hath it used means to confirm her As for Arminians I have often heard him protest and vow against these Opinions It is true many that have skill therein may have some credit with him and make use of his noble nature for their own ends One particular I know well that some Gentlemen and Preachers of great esteem were questioned for a matter wherein there was some error in the manner of which they were presented I told him of them and that they were questioned and he answered me he would do the best he could for to countenance them Sir Benjamin Rudyard gave his judgement that if the matter be urged home it will proclaim the man lowder then we can in words If we name excess of Power and abuse of Power it will reach to the Duke and all others in future times and to a Gentleman of honour nothing is so dear as sense of Honour I am witness and do know that he did many great and good Offices to this House If the forfeiture of my life could breed an Opinion that ye should have no occasion to complain at your next meeting I would pawn it to you Nor let any man say it is fear makes us desist we have shewed already what we dare do And because the imployment of Dalbeer had given much offence Sir Thomas Jermin stood up in his defence and said he had given great evidence of his Trust and Fidelity When the Count Palatine retired himself and the Councel agreed to send a Party under Count Mansfield to make a head and the King sent word to the Palatine to be present in Person Dalbeer went along with him with one more and being in a Village in Germany a Troop of fifty Horse met them Dalbeer went to the Captain and said we are in a Service I will give you so many crowns to conduct us which was done and Dalbeer went along with him In conclusion Iune the 13. it was Ordered upon the Question that the excessive Power of the Duke of Buckingham is the cause of the Evils and Dangers to the King and Kingdom And that this be added to the Remonstrance At this very time being Iune 18. 1628. Doctor Lamb so called having been at a Play-house came through the City of London and being a person very notorious the Boys gathered thick about him which increased by the access of ordinary People and the Rabble they presently reviled him with words calling him a Witch a Devil the Duke's Conjurer c. he took Sanctuary in the Wind-mill Tavern at the lower end of the Old Jury where he remained a little space but there being two Doors opening to several Streets out of the said House the Rout discovering the same made sure both Doors lest he should escape and pressed so hard upon the Vintner to enter the House that he for fear the House should be pulled down and the Wines in his Cellar spoiled and destroyed thrust the imaginary Devil out of his House whereupon the tumult carried him in a croud among them howting and showting crying a witch a Devil and when they saw a Guard coming by order of the Lord Mayor for the rescue of him they fell upon the Doctor beat him and bruised him and left him for dead With much ado the Officers that rescued him got him alive to the Counter where he remained some few houres and died that night The City of London endeavoured to find out the most active persons in this Riot but could not finde any that either could or if they could were willing to witnesse against any person in that businesse This happened to be in Parliament time and at that instant of time when they were about the Remonstrance against the Duke And shortly after so high was the rage of people that they would ordinarily utter these words Let Charles and George do what they can The Duke shall die like Doctor Lamb. What fine the City underwent for this miscarriage we shall observe in order of time Two days after the Privy Councel writ this ensuing Letter to the Lord Mayor Aldermen and Sheriffs of London WHereas we are given to understand that the fury and outrage of divers dissolute and disorderly person assembled together in great numbers without any resistance made or course taken to suppresse them by the Magistrates to whom it appertained one Lamb was in a barbarous manner slaine and murdered wherewith his Majesty having been likewise made acquainted as he is very sensible of the scandal that may hereby be cast upon the Peace and Government of the Realme in general when the chief City thereof and where his own Person is resident should by the remissnesse and neglect of Magistrates in the Execution of his Laws suffer a fact and misdemeanour of so high a nature to be committed and to passe unpunished So he is very highly displeased thereat and hath therefore commanded us in his name hereby streightly to charge and require your Lordship c. that with all care and diligence you do forthwith enquire out the principal Actors and Abettors therein and to cause them to be apprehended and committed to Prison and to be proceeded with and punished in the sevarest manner that by the Laws of the Realme is provided against offenders in so high a nature And so c. The Commons at this time voted that Doctor Neal Bishop of Winchester and Dr. Laud Bishop of Bath and Wells be named to be those near about the King who are suspected to be Arminians and that they are justly suspected to be unsound in their opinions that way The House was turned again into a Committee concerning the Remonstrance And Mr. Selden proposed that to the excessive power of the Duke should be added the abuse of that power since that abuse is the cause of these evils that it be presented to his Majesty to consider whether it be safe for the King and Common-wealth that a man of his power should be so near his Majesty and it was ordered accordingly All the parts of the Remonstrance being agreed unto it was perfected to be presented to the King being as followeth MOst Dread Sovereign as with humble thankfulnesse we your dutiful Commons now assembled in Parliament do acknowledge the great comfort which we have in your Majesties pious and gracious disposition so we think it a meet and most necessary Duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to informe your Majesty thereof
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