Cases at the Council Table when great Causes were heard before the King and Council And when matters were agitated at a greater distance I was there also and went on purpose out of a curiosity to see and observe the passages at the Camp at Berwick at the Fight at Newborn at the Treaty at Rippon at the great Council at York and at the meeting of the Long Parliament The Observations I made during all the said time shall be further known if I be encouraged to proceed and that this my Forlorn be not repelled and defeated Thus have I good Reader acquainted thee in plain English with the Lines and rude Draughts of what hath been and what is like to be multorum annorum opus in which as I never did approve so neither could I perswade my self to tread in their Steps who intermingle their Passion with their stories and are not content to write of unless they write also for a Party or to serve an Interest and so declare themselves far better Advocates then Historiansâ—â— I profess that in singleness of heart I aim at truth which to me has alwayes seemed hugely amiable even without the tires and advantages of Wit and Eloquence And therefore in order to my greatest purpose I have esteemed the most unaffected and familiar Stile the best Altum alii teneant And so irresistible is the force of Truth and the Divine Providence so great that howsoever all possible diligence may have been used to carry things in secret and to act by colourable Pretences men often acting like Tumblers that are squint-eyed looking one way and aiming another Yet hath God in these our dayes brought to light such Secrets of State such private Consultations such strâ—nge Contrivances discovered by Letters Papers and Cabinet-memorials seised on in time of the War as otherwise probably neither we nor our Posterity should have ever known I conclude with the learned Spaniards opinion Satis est Historiae si sit vera quae ut reliqua habeat omnia si veritatem non habet obtinere nomen suum non potest J. RUSHWORTH 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h.e. Anglorum leges Suadam consulta Senatus ausáque cuncta loquor tempore quaeque suo Excipis adverso si pectore ore maligno pluribus invideas Zoile nemo tibi The Printer to the Reader BEing obliged to get this Book finished against the ensuing Term I was constrained to make more haste then ordinary so that possibly some Faults have escap'd which I request the Courteous Reader to Pardon and Amend as they shall be met with VALE The right high and most mightie Monarch â—AMES by the Graâ—ce of God King of great Britaine Fraunce and Ireland c Defendor of the Faith Historical Collections THe grand business of State in the latter times of King Iames was the Spanish Match which had the Kings heart in it over-ruled all his Counsels and had a mighty influence upon the Universal State of Christendom This King affecting the name of a King of Peace and Peace-maker as his chief glory had designed what in him lay the setling of a general Peace in Europe and the reconciling of all Parties and professed that if the Papists would leave their King-killing and some other grosser Errors he was willing to meet them half way moreover he was ever zealous for the honor and height of regal Majesty and to maintain the glory of it in his Successors 't was his chief desire and care to match his Son with some Princess of most high descent though of a different Religion There had been a Treaty of Marriage between the late Prince Henry and a Daughter of Spain which on the Spaniards part was found a meer Complement carried on by the accustomed gravity and formality of that Nation For Cecil Earl of Salisbury the great States-man of that time pursued and drove the matter to that point that the Duke of Lerma finding no evasion disclaimed the being of a Marriage Treaty Nevertheless the Spanish Ambassador to acquit himself to this State and to clear his own honesty at a full Council produced his Commission together with his Letters of Instruction given under the Duke's hand Such manner of dealing might have been sufficient Cause of just Indignation against any future motion of this Alliance After death of Prince Henry the King set his thoughts upon a Daughter of Henry the Fourth late King of France as the fittest Match for Prince Charles and by Sir Thomas Edmonds his Legier Ambassador endeavored to know the minde of that State but could not discern their affections and was not willing to discover his own At length taking occasion to send the Lord Hayes Extraordinary Ambassador to the French King to Congratulate his Marriage with Anne the Infanta of Spain he resolved to make a thorow Trial The matter was put forth and in appearance well taken but proved of no effect For the Duke of Savoy was before-hand and prevailed for his Son the Prince of Piedmont During this Negotiation of Alliance with France the Duke of Lerma frequently intimated unto Sir Iohn Digby Ambassador Resident in Spain an extraordinary desire in the King his Master not onely to maintain Peace and Amity with the King of great Britain but to lay hold on all means that might be offered for the nearer uniting of their Majesties and their Crowns as also a disposition in this regard to match his second Daughter to the Prince of Wales The Ambassador replyed that His Majesty had little reason to give ear to this overture having not long since in the Treaty for the late Prince received such an unexpected Answer and Demands so improper and unworthy and that there needed more then ordinary assurance to induce him to believe that there was now so great a change and the match desired in good earnest and not propounded meerly to divert the match with France wherefore he expected the proposal of such terms of advantage and certainty as might gain a belief of their sincere Intentions Lerma promised a further Conference But by reason of a strong report that the Match with France was absolutely concluded and within few dayes to be published the business lay asleep until Sir Iohn Digby going for England was desired by the Duke to give him notice of the state of this Affair From hence Digby gives him to understand that there was no cause of dispair concerning this new overture unless the difficulty of the Conditions should make it desperate but if the Demands in point of Religion were no more then what would satisfie another Catholick Prince and to which his Majesty might yeild with Honor he knows that divers persons not of the meanest power were well inclined and ready to give their helping hand He said further that it were much better not to revive this motion then by impossible and unfitting
Voyages and Land Travels by Englishmen and others By Samuel Purchas in Four Volumes Folio The History of the Parliament of England which began November the Third 1640. With a short and necessary view of some precedent years By Thomas May Esq Folio The Text of the New Testament of Jesus Christ Translated out of the Vulgar Latine by the Papists of the Traiterous Seminary of Rhemes Whereunto is added the Translation out of the Original Greek commonly used in the Church of England c. By W. Fulke D. D. and sometimes Master of Pembroke-Hall in Cambridge Folio The History of the Reformation of the Church of Scotland containing Five Books together with some Treatises conducing to the History By Iohn Knox. Folio Two Treatises In the one of which the Nature of Bodies in the other the Nature of Mans Soul is looked into In way of discovery of the Immortality of Reasonable Souls By Sir Kenelme Digby Folio Histoire de l'entre de la Reyne Mere du Roy tres Chrestien danâ— les Provinces Vnies des pays has avec des Figures Histoire de l'entre de la Reyne Mere du Roy tres Chrestien dans la Grande Britaigne avec des Figures par le Sieur de la Serre Historiographe Folio Ad Serenissimum Jacobâ—m primum Britanniarum Monarcham Ecclesiae Scoticanae libellus supplex Authore Jacobo Melvino Quarto Polycarpi Ignatii Epistolae unà cum vetere vulgata interpretatione Latina ex trium Manuscriptorum codicum collatione integritati suae restitutae quibus praefixa est Iacobi Vsserii Archiepiscopi Armachani dissertatio Quarto Appendix Ignatiana in qua continentur 1. Ignatii Epistolae Genuinae 2. Ignatii Martyriam à Philone Agathopode aliis descriptum 3. Tiberiani Plinii Secundi Trajani imp de Constantia Martyrum illius temporis Epistolae 4. Smyrnensis Ecclesiae de Polycarpi Martyrio Epistola 5. In Ignatii Polycarpi Acta atque in Epistolas etiam Ignatio perperà m adscriptas Annotationes Iacobi Vsserii Armachani Quarto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Clementis ad Corinthios Epistola Prior. Patritius Junius ex lateris Reliquiis vetustissimi examplaris Bibliotherae Regiae eruit Quarto Purchas his Pilgrim Microcosmus or the History of Man relating the wonders of his Generation Vanities in his Degeneration necessity of his Regeneration meditated on the words of David Psal. 39.5 By Samuel Purchas Octavo Saint Augustine his Enchyridion to Laurence or the cheif and principal Heads of all Christian Religion the Second Edition Twelves Theologia Naturalis sive liber Creaturarum Specialiter de homine de Natura ejus in quantum homo de his quae sunt ei necessaria ad cognoscendum Deum seipsum omne debitum ad quod homo tenetur obligatur tam Deo quà m proximo Authore Raymundo de Sabunde Octavo Frederici Spanhemii Epistola ad Nobilisstmum Virum Davidem Buchananum super controversiis quibusdam quae in Ecclesiis Anglicâ—nis agitantur Octavo The Works of Edward Reynolds D. D. containing three Treatises of the Vanity of the Creature Sinfulness of Sin the Life of Christ. An Explication of Psal. C X. Meditations on the Sacrament of the Lords Supper An Explication of the Fourteenth Chapter of Hosea A Treatise of the Passions and Faculties of the Soul Collected in Folio Divers Sermons Preached upon several occasions by Edward Reynolds D. D. Quarto A Treatise touching the Peace of the Church or an Apostolical Rule how to judge aright in differences which concern Religion Published by Authority Quarto A Treatise of Use and Custome By Mer. Causabon D. D. Quarto Deus Natura Gratia sive tractatus de Praedestinatione de meritis peccatorum Remissione sen de Justificatione denique de sanctorum invocatione reliquiarum imaginum veneratione de indulgentiis Purgatorio sub finem de Excommunicatione Accessit Paraphrastica Expositio reliquorum Articulorum confessionis Anglicae Per Fr. Franciscum Sancta Clara. Octavo Apologia Episcoporum seu Sacri Magistratus Propugnatio Multa multorum vocibus ventilantur mendacia adversus sacerdotes Dei de Diaboli ore prolata ad rumpendam Catholicae unitatis concordiam ubique jactantur Authore Francisco à Sancta Clara. Octavo King Iames much desired to match his Son Henry with a daughter of Spain After Prince Henry's death the King propounded a match with France In this interim the Spaniard gives the overture of a match Sir Digby's advice to the King in that matter Gondomar mannages the Treaty on the Spaniards part The English Navie neglected The Cautionary Towns rendred to the Hollander The Spaniard proceeds not sincerely in the Treaty Articles of Religion agreed upon between the Kings of England and Spain The people of England averse from the march The Catholicks desirous of it Gondomar contrives the death of Sir Walter Rawleigh an enemy to Spain A War begins in Germany Both parties Protestant and Catholicks grow jealous and each enter into League The Emperor Matthias Adopts his Cousin-German Ferdinand For joy of this Adoption the Catholicks keep a Jubilee and the Protestants another in memory of Luther An Assembly of the Protestants and States of Bohemia at Prague The first occasion of the troubles of Bohemia A Ryot committed by the Protestants in the Castle of Prague The Protestants put forth a Declaration The Emperor disgusted with the Declaration He publishes a Manifesto Both Parties Arm. A Comet appears at this time King Iames ingages not in these troubles flattering himself with the Spaniards seeming forwardness to effect the Match A Letter from a great Minister of State to Mr. Cottington Nov. 17. Queen Anne dieth Matthias the Emperor dies A Cessation of Arms proposed by Ferdinand is refused King Iames interposes by his Ambassador the Viscount Doncaster The Elector Palatine sends an Ambassador to oppose the Election of Ferdinand The Bohemians chuse the Palatine for their King Bethlem Gabor makes a union with the Protestants The Palatine craves the advice of King Iames touching his accepting the Crown Before answer came he had accepted it King Iames disavows the Act and â—â—â—ars himself of it to the King of Spainâ— The King of Spain testifies his resentment of Viscount Doncasters proceedings in Germany The King of Poland aids the Emperor Ferdinand publishes a Proscription against the Palatine Prince Anhalt Generalissimo of the Bohemians Marquess Ansbach commands the forces of the Princes of the Union Kings Iames will not engage in the War sends Sir Walter Aston Ambassador into Spain to negotiate the March and Gondomar returns Great immunities promised by King Iames to the Catholicks 18 Iacob 1620. A great Army levied in Flanders under the command of Spinola A Regiment under the command of Sir Horatiâ— Vere sent from England The Protestant States of Austria renounce the confederacy of the Bohemians The Elector of Saxony assists the Emperor and executes the Ban against the Palatine Spinola prevails much in the Palatinate The Armies
highly displeased with some of the Commons House whom he called Ill-tempered spirits Sir Edward Cook Sir Robert Philips were committed to the Tower Mr. Selden Mr. Pym Mr. Mallery to other Prisons and Confinements Order was given for the sealing up the locks and doors of Sir Edward Cooks Chambers in London and in the Temple for the seising of his Papers and the Council debating about the General Pardon that should have passed this last Parliament had consulted about the ways of excluding him from that benefit either by preferring a Bill against him before the publication of the Pardon or by exempting him by name whereof they said they had presidents Likewise Sir Dudley Diggs Sir Tho. Crew Sir Nathaniel Rich and Sir Iames Perrot for punishment were sent into Ireland joined in Commission with others under the Great Seal of England for the enquiry of sundry matters concerning his Majesties service as well in the Government Ecclesiastical and Civil as in point of his Revenue and otherwise within that Kingdom Proclamations had formerly issued out against the Peoples too liberal speaking of matters above their reach Which at this time occasioned Letters from the Council to the Judges of the next Assises taking notice of licentious and undutiful speeches touching State and Government notwithstanding several Proclamations prohibiting the same which the King was resolved no longer to let pass without severest punishment and thereupon required the Judges to give this in Charge in their several Circuits and to do exemplary Justice where they find any such Offenders The King still walked in his beaten path of Sollicitations and Treaties after the constant bad success of his former Mediations For at the very time when he treated of Peace his Son in law was despoiled of his Hereditary patrimony by the Emperors commandment who after the suspension of the Ban or Proscription commanded the taking up of Arms again in the Lower Palatinate the Upper Palatinate being already subdued Which misery King Iames acknowledged to be the fruit of his own patience delays and doubtfulness Nevertheless he ceaseth not to pursue the favor of an implacable Enemy He wrote to the Emperor Ferdinand declaring his earnest endeavors to appease the Bohemian War and his ardent zeal for Peace from the beginning and expressed the Terms which he had prescribed to his Son in law As That he shall for himself and his Son renounce all pretence of Right and Claim to the Crown of Bohemia That he shall from henceforth yield all constant due devotion to the Imperial Majesty as do other obedient Princes Electors of the Empire That he shall crave pardon of the Imperial Majesty That he shall not hereafter any manner of way demean himself unfittingly toward the Imperial Majesty nor disturb his Kingdoms and Countries And that he shall upon reasonable Conditions reconcile himself to other Princes and States of the Empire and hold all good correspondence with them And he shall really do whatsoever like things shall be judged reasonable and necessary King Iames requested of the Emperor the acceptance of these Conditions as a notable testimony of his Imperial Majesties goodness and grace which he said should be by himself acknowledged in all willing service and unfeigned friendship to the Emperor himself and the most renowned House of Austria But if these his just Demands and well-willed Presentations shall not find acceptance or be slightly waved by some new tergiversation or a pretence of that long and tedious way of Consultation with the Princes of the Empire he is resolved to try his utmost power for his Childrens relief judging it a foul stain to his Honor if he shall leave them and their Partizans without counsel aid and protection The Emperor replied and confessed That in this exulcerate business so much moderation and respect of justice and equity hath shined forth in the King of Great Britain that there is not any thing that he should refuse to render thereunto reserving his Cesarean authority and the Laws of the Empire Yet that Person whom it most concerns hath given no occasion by the least sign of repentance to a condescension to this Treaty of Pacification For he is still so obstinate as by continual machinations by Iagerndorf and Mansfeld and other cruel disturbers of the publique peace to call up Hell rather then to acquiesce in better counsels and desist from the usurped Title of a Kingdom Howbeit in favor of the King of Great Britain he shall consent to a Treaty to be held at Bruxels wherein he would devolve his power upon the Illustrious Elizabetha Clara Eugenia Infanta of Spain The appointment of the Treaty at Bruxels was accepted by King Iames whither he sent his Ambassador Sir Richard Weston Chancellor of the Exchequer In the mean while misfortune and misery over-ran the Palatinate The Enemy having prevailed in several grand encounters proceeded to subdue the Country without regard to the Treaty of Peace at Bruxels Which was more easily effected the Commotions in Hungaria Bohemia Silesia Moravia being now ended in a Treaty of Peace between the Emperor and Bethleem Gabor the Emperor having made use of the Palsgrave's submission and resignation of the Crown of Bohemia to accelerate this Treaty About this time Philip the Third King of Spain departed this life and the Lord Digby was sent Extraordinary Ambassador into Spain as well to condole his death as â—o advance the Match and by all means possible to bring it to a final conclusion To which end he was accompanied with Letters from his Majesty and the Prince to that King as also a private Letter to Don Baltazar de Zuniga MOst Serene and Potent Prince Kinsman and dearly beloved Friend when we heard of the Death of your Majesties Father Philip the Third with whom we had great Amity and by our Amity managed very important Matters which he being dead could not but of necessity be interrupted It was no less grief to us then if he had been our own natural and most intimate Brother Which grief we have certified both to your Majesty by our Letters as was fitting and intimated to our people in a solemn and due manner And thus far we have satisfied our selves but in the next place we must also give Custom its due For which end we send unto your Majesty our Publick Ambassador and Messenger of this our Grief the Baron John Digby our Counsellor and Vice-Chamberlain adjoyning unto the rest of his Instructions this our wish That your Serenity may rule your Fathers Kingdoms which you have received under a most prosperous Star with his and your Ancestors Prudence and that we may really finde that love which alway passed between your Father of most happy memory and us propagated with the same candor unto you his Successor the which we also hope Given at our Pallace of Theobalds Mar. 14. 1621. Your Majesties most Loving Brother I. R. Jacobus c. Serenissimo
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
a Treaty of a Match since in Eighty Eight even while there was a Treaty of Peace their Armado came upon us Again we shall find it was forbidden in the best people in the world to marry with a differing Religion The injunction the reason and the effect are laid down in Deuteronomy to the Jews And if we descend to our own Books and Chronicles we shall find that God hath crossed if not cursed our alliance and association particularly with the Spanish Nation the position of that Country and the disposition of that People being as it were so malignant and ill-agreeing with us The Prince of the greatest performance that ever this Kingdom or Christendom had was the Black Prince Yet our Chronicle records that going into Spain to settle Don Pedro in that Kingdom besides the monstrous ingratitude and peafidiousness of the Spaniard who failed in the performance of those Conditions he had promised which caused the miserable Revolt in France to the loss of our inheritance the Prince was so poisoned in that Country that he never had his health after Moreover he beseeched his Lordship to observe that all the Marriages which the Heirs and Princes of this Crown have made in England for these last six-score years except the several second Matches of Henry the Eight have been onely and no-where else but with Spain which how little God hath blest the success shews Prince Arthur married the Spanish Kings daughter We know God took him away suddenly within a very small time and without any issue In a Politick respect we would yet make a second Match so Prince Henry afterwards King married the same daughter But doubtless God was less pleased with that Match which was less lawful and therefore God took away all the male-children of it and left only a daughter in whose short Reign was shed more blood for the true Religion in six years then for the false in these succeeding sixty years We made then a third Adventure and Marriage with Spain Queen Mary with King Philip which was so discontenting to the People that it caused Wyats Rebellion so discomfortable to the Queen that it brake her heart being left and neglected of her Husband and so dishonorable and prejudicial to the Kingdom that merely for the Spaniards sake we having no difference at all with France we lost Calis in six days which had been above two hundred years in our possession He added lastly Though I have not so much judgment nor so little wit as to presume to advise where to match yet I assume so much as to think a Match at home cannot be held any ways inconvenient We find the first and the last of our Kings that ever matched with their Subjects were Ed. 4. and Hen. 8. From which two Matches God as it were to shew the less we rely upon others abroad the more he will help us himself at home gave two daughters two Elizabeths two such Queens then which there were never two more blessed Instruments of Gods glory and this Kingdoms good by establishing Peace in the Land and Religion in the Church until his Majesties happy coming who brought both with him The French were very jealous of the Conjunction between Spain and England and thought it the safest way to make peace at home and imploy their strength to bound the Incroachments of Spain and the House of Austria By which means a bitter Persecution ceased in that Kingdom The Protestants of France were permitted to call home their banished Ministers to build their ruined Temples and to enjoy their liberty in Religion This benefit did the Kings closing with Spain procure to a people almost ruined But after all the Kings concessions the Spaniards contrived new delays and proposed harder terms The Pope had obliged the Catholick King to see the Conditions performed and to protract the Marriage till matters in England were in perfect execution Whereupon the Divines advise that King that the Promises of Marriage be made presently but the Consummation thereof and the delivering of the Infanta be deferred till May the year following And the death of Pope Gregory did strengthen this contrivance For the Spanish Ministers pretended that in regard there was no Contract but a Treaty only on foot the Dispensation which lay in the Nuncio's hands was by the Popes death suspended and a Ratification from the new Pope was requisite before any further progress could be made Cardinal Barberine was chosen Successor to Gregory the Fifteenth and took the name of Urban the Eight Soon after his election he wrote these ensuing Letters the one to King Iames the other to Prince Charls Serenissimo IACOBO Magnae Britanniae Regi Illustri URBANUS P. â— VIII SErenissime Rex salutem lumen Divinae gratiae Scotiae regnum quod inclytos terris Reges sanctissimosque coelo cives peperit cum ad Cardinalatus nostri patrocinium pertinuerit laetitiae simul ac moeroris uberem nobis materiam afferebat Exultabamus gaudio cogitantes in ea Regione quam Romanorum arma expugnare omnino non potuerunt Romanae Ecclesiae fidem feliciter triumphasse Scotumque Regem nullum hactenus extitisse qui Pontificiae authoritatis hostis obierit At enim vertebatur in luctum cythara nostra cum ad praesentium temporum miserias oculos lachrymis manantes converteremus Videmini enim laborante discordiarum patre obliti esse eum qui nutrivit vos contristati nutricem vestram Hierusalem Quare Apostolica sedes quae populos istos jampridem Christo genuit moerore conficitur dum tam praeclaâ—am haereditatem verti videt ad extraneos damnique sui magnitudinem Britannorum Regum laudibus istarumque Provinciarum gloria metitur Id vero praeter caetera dolendum orbi Christiano videtur Jacobum regem Catholicorum regum prolem sanctissimae Parentis filium à Pontifice Maximo atque à Majoribus suis in Religionis cultu dissentire Si enim sublime istud ingenium quod literarum studiis prudentiae artibus Rex celeberrimus excoluisti affulgenti Patri luminum assentiretur facilè conjicit Christiana Respublica quanto publicae concordiae bono factum esset ut Nationes istas Insulasque aut montium claustris aut Oceani gurgitibus dissitas Scoticus rex imperio conjungeres Videtur enim Majestas tua ob eam rem facta esse tot Provinciarum domina ut ab eo cui parent facilius celeriusque Regna ista medelam ac salutem acciperent Quare assiduis precibus jam tum eum venerabamur qui dat salutem Regibus ut to Divinae clementiae beneficia quibus in conspectu Potentium admirabilis es ad Britanniae incolumitatem Ecclesiae gaudium conferret Affulsit autem nobis non ita pridem beata spes oriens ex alto cum te Austriacae affinitatis cupidum cognovimus ex Catholica matre progigni exoptantem eos qui tuam haereditatem adire populosque istos ditione tenere debent
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
of former Parliaments passed the Higher House and was sent down to the Commons All which being gratiously intended by Us was ill-entertained by some disaffected persons of that House who by their artifices in a short time raised so much heat and distemper in the House for no other visible cause but because We had declared Our resolution to Prorogue as Our Councill advised and not to Adjourn as some of that House after Our resolution declared and not before did manifest themselves to affect that seldome hath greater passion been seen in that House upon the greatest occasions And some glances in the House but upon open rumors abroad were spread That by the Answer to the Petition We had given away not onely Our Impositions upon Goods exported and imported but the Tunnage and Poundage whereas in the debate and hammering of that Petition there was no speech or mention in either House concerning those Impositions but concerning Taxes and other charges within the Land much lesse was there any thought thereby to debar Us of Tunnage and Poundage which both before and after the Answer to that Petition the House of Commons in all their speeches and treaties did professe they were willing to grant And at the same time many other misinterpretations were raised of that Petition and Answer by men not well distinguishing between well ordered liberty and licentiousness as if by Our Answer to that Petition We had let loose the reynes of Our Government And in this distemper the House of Commons laying aside the Pardon a thing never done in any former Parliament and other businesse fit to have been concluded that Session some of them went about to frame and contrive a Remonstrance against Our receiving of Tunnage and Poundage which was so far proceeded in the night before the prefixed time for concluding the Session and so hastned by the contrivers thereof that they meant to have put it to the Vote of the House the next morning before We should prorogue the Session And therefore finding Our gratious favours in that Session afforded to Our people so ill requited and such sinister straines made upon Our Answer to that Petition to the diminution of Our profit and which was more to the danger of Our Government We resolved to prevent the finishing of that Remonstrance and other dangerous intentions of some ill-affected persons by ending the Session the next morning some few hours sooner then was expected and by Our Own Mouth to declare to both Houses the cause thereof and for hindring the spreading of those sinister interpretations of that Petition and Answer to give some necessary directions for setling and quieting Our Government untill another Meeting which we performed accordingly the six and twentieth of Iune last The Session thus ended and the Parliament risen that intended Remonstrance gave Us occasion to look into the businesse of Tunnage and Poundage And therefore though Our necessities pleaded strongly for Us yet We were not apt to strain that point too far but resolved to guide Our Self by the practise of former Ages and examples of Our most noble Predecessors thinking those counsels best warranted which the wisdom of former Ages concurring with the present occasions did approve and therefore gave order for a diligent search of Records upon which it was found That although in the Parliament holden in the first yeer of the reigne of King Edward the fourth the Subsidy of Tunnage and Poundage was not granted unto that King but was first granted unto him by Parliament in the third yeer of his Reigne yet the same was accounted and answered to that King from the first day of his Reigne all the first and second yeers of his Reigne and untill it was granted by Parliament And that in the succeeding times of King Richard the Third King Henry the Seventh King Henry the Eighth King Edward the Sixth Queen Mary and Queen Elizabeth the Subsidy of Tunnage and Poundage was not onely enjoyed by every of those Kings and Queens from the death of each of them deceasing untill it was granted by Parliament unto the Successor but in all those times being for the most part peacable and not burdened with like charges and necessities as these modern times the Parliament did most readily and cheerfully in the beginning of every of those Reignes grant the same as a thing most necessary for the guarding of the Seas safety and defence of the Realm and supportation of the Royall Dignity And in the time of our Royall Father of blessed memory he enjoyed the same a full yeer wanting very few daies before his Parliament began and above a yeer before the Act of Parliament for the grant of it was passed And yet when the Parliament was assembled it was granted without difficulty And in Our Own time We quietly received the same three years and more expecting with patience in severall Parliaments the like grant thereof as had been made to so many of Our Predecessors the House of Commons still professing That multitude of other businesses and not want of willingnesse on their part had caused the setling thereof to be so long deferred And therefore finding so much reason and necessity for the receiving of the ordinary Duties in the Custom-house to concur with the practice of such a succession of Kings and Queens famous for Wisdom Justice and Government and nothing to the contrary but that intended Remonstrance hatched out of the passionate brains of a few particular persons We thought it was so far from the wisdom and duty of a House of Parliament as We could not think that any moderate and discreet man upon composed thoughts setting aside passion and distemper could be against receiving of Tunnage and Poundage especially since We do and still must pursue those ends and undergo that charge for which it vvas first granted to the Crovvn It having been so long and constantly continued to Our Predecessors as that in four severall Acts of Parliament for the granting thereof to King Edward the Sixth Queen Mary Queen Elizabeth and Our blessed Father It is in expresse tearms mentioned to have been had and enjoyed by the severall Kings named in those Acts time out of minde by authority of Parliament And therefore upon these reasons We held it agreeable to Our Kingly Honour and necessary for the safety and good of Our Kingdom to continue the Receipt thereof as so many of Our Predecessors had done Wherefore when a few Merchants being at first but one or two fomented as it is well known by those evill spirits that would have hatched that undutifull Remonstrance began to oppose the payment of Our accustomed Duties in the Custom-house We gave order to the Officers of Our Customs to go on notwithstanding that opposition in the receiving of the usuall Duties and caused those that refused to be warned to attend at the Councill-board that by the wisdom and authority of Our Councill they might be reduced to obedience and duty where
real from things fictitious or imaginary Whereof I shall not at all repent if I may but prove an ordinary Instrument to undeceive those that come after us If you demand why my Collections commence so early and start at such a distance of time so remote I must answer That it was at first in my purpose to begin with the Parliament which met Nov. 3. 1640. But after I had perused ordered and compared my Printed and Manuscript-Relations of the First Year of that Parliament I found they pointed at and were bottomed upon some Actions of the late King in dissolving four preceding Parliaments And thereupon the zeal I had to clear the truth of the Differences between the King and Parliament forced me to a longer Adventure especially seeing the Essay had been very imperfect and but a meer fragment if I had only writ the Death and not the Life of a Prince who in the first Speech that ever he made in his first Parliament did reflect upon some passages in a former Parliament that advised his Father to break off the two Treaties with Spain touching a Marriage and Restitution of the Palatinate and so engaged the Father in a War which the Son was by him left to prosecute And this Consideration put me upon a further enquiry concerning the aforesaid Treaties the causes and grounds of the War in the Palatinate and how far the same concerned England and the oppressed Protestants in Germany And finding those proceedings to have their rise in the Year 1618. in which Year the Blazing-Star appeared I resolved that very Instant should be the Ne plus ultra of my Retrospect I allow and accept it as a good Memento which I meet with in a late Author That most Writers now adays appear in Publique not crook-backed as it is reported of the Iews but crook-sided warped and bowed to the right or to the left For I have heartily studied to declare my self unbiassed and to give an instance That it is possible for an Ingenuous man to be of a Party and yet not partial If any one engaged on the King's side come forth in Print with the like moderation fairness and indifferencie without heat and personal reflections our Posterity may be confident of a full discovery of Truth which is every honest mans desire and expectation And besides the Vertues and Reasons of men concerned may shine and give satisfaction even to those who are not of the same Judgment I pretend onely in this Work to a bare Narrative of matter of Fact digested in order of time not interposing my own Opinion or interpretation of Actions I infuse neither vinegar nor gall into my Ink If I mention a Charge or Impeachment it relates also to the Defence that was made by the Accused And though in these latter times Titles Names and Dignities are altered yet I use the Language of that Time of which I write speaking as the then Parliaments spake and not robbing any man of the Honor or Epithite which they then pleased to give him If I speak of any transactions which I my self did not see or hear I do so with all the caution imaginable having first consulted Records conferred with Persons of unquestionable esteem interessed in the very actions or perused their known hand-writings of those times and where I make mention of any Letters or Passages scattered in print I first well weighed the same and out of whose Closets they came and found many of them concredited before I inserted them And lastly where I doubted I perfected my Intelligence by Forein correspondencies fetching my satisfaction in divers particulars out of Germany Spain and Italy Here you will have an intermixture of Secrets of State useful for States-men and of matters of Law which may be of some use not only to the Professors of it but to every Englishman for though few profess the Law yet all live by it for it hedges in and upholds the Rights Liberties and Properties The matters of Law are not all bound up in one bundle but you will finde them dispersed in interlocutory Speeches and Discourses some of them in Historical Narrations and lastly in Polemical Debates and Arguments taken by a Gentleman then a young Student of the Law which you will finde in an Appendix placed at the end of the Book and I hope the Reader will not think his minutes ill bestowed in reading of them though out of place A great part of the Work is filled up with remarkable Transactions in Parliament and the Course and Proceedings thereof wherein you will finde not onely great wit and wisdom but choice Eloquence and excellent Orators Diggs Wentworth Phillips Elliot Glanvile and others not much inferior to the Roman Demagogue I durst not presume to contract them to an Epitomie or Abridgement lest by essaying that I might trespass too much upon the Soil of other mens Inventions and Judgements or prejudice Truth or the Persons whose natural Off-springs they are Here you have Debates Siftings and Consultations of each House apart and also by Conferences each with other Alterius sic Altera poscit opem Domus consultat amicè and Resolutions of Parliaments and some Laws which were the ultimate productions of these Councels and Debates I have but a word to say to my good and worthy Friends of the Army and it must be by way of Apology that this Treatise contains not what may be expected by them from me the Relation of the Motions Actions and Atchievements of the Army which I acknowledge was the first thing in my thoughts and intentions But upon further consideration I thought it necessary to look somewhat backwards that we may the better understand the Causes and Grounds which brought the late War upon us before we set forth the Actions of the War In the former we may see the vigilancy and care of our Ancestors to secure and uphold our Liberties and Properties and to transmit the same in as much purity as might be to their Posterity in the latter which are the Actions of the War you shall see their Courage and Magnanimity setting a higher value upon the Rights and Liberties of the Nation then upon their own Lives Whom therefore when I come in order of time to mention and shall also have occasion to magnifie for their perseverance in maintaining and defending those Laws and Liberties so redeemed with the price of their blood against Arbitrary wayes and courses how joyfull shall I be to employ my Pen to Chronicle such of their Names to Posterity who justly merit that Character as worthy of Double Honor. In the second Part of my Collections which is to follow according to the entertainment which this findes abroad I shall write with the more confidence because I did personally attend and observe all Occurrences of moment during the Eleven years Interval of Parliament in the Star-Chamber Court of Honor and Exchequer-Chamber when all the Judges of England met there upon extraordinary
Frankendale if they be taken That within the said term of seventy days a Suspension of Arms in the Palatinate be concluded upon the Conditions last propounded by Sir Richard Weston at Bruxels and that a general Treaty shall be again set on foot upon such honorable terms as were tendered to the Emperor in November last But if these particulars be refused or delayed by the Emperor that the King of Spain shall joyn forces with the King of Great Britain for the recovery of his Childrens Honors and Patrimony And if he cannot give assistance that he will at least allow him a free and friendly passage through his Territories for the forces to be employed in that service Of these points distinctly if the Ambassador should not receive a direct assurance he was to take his leave of that King and to return into his Masters presence But the King annexed this private Instruction That in case a Rupture happened it might be managed to the best advantage Wherefore he should not instantly come away but send him secret intelligence and in publick give out the contrary Immediately upon these Demands an Order was sent from Spain to Bruxels for the relief of Manheim but it came too late for before the arival thereof the Town was yielded into the hands of Tilly But had it come in season the effect thereof might be guessed by Tilly's Reasons presented to the Arch-Dutchess against raising the siege of Manheim and the restoring of Heidelburgh to this purpose That he could not do it without the Emperors express consent and that the winning of Manheim was to be hastned to prevent the machinations of evil Neighbors who were plotting new Commotions in favor of the Count Palatine and especially to obviate the designs of Count Mansfield And lastly That the Emperor and the Catholick League having setled all Germany might give the Law to their Opposites and settle a peace upon their own terms How little the Emperor attributed to the Kings Humanity and upright dealing which he applauded in shew might be discerned by sure Advertisements of his purpose to propound in the Dyet at Ratisbone his promise of translating the Palatine Electorate to the Duke of Bavaria as a thing irrevocable Moreover the King of Spain the Fifth of November 1622. in the height of those Professions made to the English Ambassador touching the Marriage wrote on this manner to his Grand Favorite the Conde Olivares THe King my Father declared at his Death That his intent never was to marry my Sister the Infanta Donna Maria with the Prince of Wales which your Uncle Don Balthazar understood and so treated this Match ever with intention to delay it notwithstanding it is now so far advanced that considering all the aversness unto it of the Infanta it is time to seek some means to divert the Treaty which I would have you finde out and I will make it good whatsoever it be But in all other things procure the satisfaction of the King of Great Britain who hath deserved much and it shall content me so that it be not in the Match Olivares wrote a Letter deliberative the Eighth of November 1622. and propounded an Expedient to the King of Spain in these words SIR Considering in what estate we finde the Treaty of Marriage between Spain and England and knowing certainly how the Ministers did understand this business that Treated it in the time of Philip the Third that is in Heaven that their meaning was never to effect it but by enlarging the Treaties and Points of the said Marriage to make use of the Friendship of the King of Great Britain as well in matters of Germany as those of Flanders And imagining likewise that your Majesty is of the same opinion though the Demonstrations do not shew so joyning to these Suppositions that it is certain the Infanta Donna Maria is resolved to put her self into a Monastery the same day that your Majesty shall press her to this Marriage I have thought fit to represent unto your Majesty that which my good zeal hath offered me in this occasion thinking it a good time to acquaint your Majesty withal to the end you may resolve of that which you shall finde most convenient with the advice of those Ministers you shall think fit to make choice of The King of Great Britain doth finde himself at this time equally engaged in two businesses the one is this Marriage to which he is moved by the conveniencies he findes in your Majesties friendship by making an Agreement with those Catholicks that he thinks are secretly in his Kingdom and by this to assure himself of them as likewise to marry his Son to one of the House of Austria knowing that the Infanta Donna Maria is the best born Lady in the World The other business is the restitution of the Palatinate in which he is more engaged for beside that his Reputation is at stake there is added the love and interest of his Grand-children Sons of his onely Daughter So that both by the Law of Nature and Reason of State he ought to put that forward whatever inconveniencies might follow by dissembling what they suffer I do not dispute whither the King of Great Britain be governed in this business of the Palatinate by Act or Friendship I think a man might say he used both but as a thing not precisely necessary to this Discourse I omit it I hold it for a Maxim that these two Engagements in which he findes himself are inseparable for although the Marriage be made we must fail of that which in my way of understanding is most necessary the restitution of the Palatinate This being supposed Having made this Marriage in that form as it is Treated your Majesty shall finde your self together with the King of Great Britain engaged in a War against the Emperor and the Catholick League A thing which to hear will offend your godly ears or declaring your self for the Emperor and the Catholick League as certainly your Majesty will do then you will finde your self engaged in a War against the King of England and your Sister married with his Son with the which all whatsoever reasons of Conveniency that were thought upon in this Marriage do cease If your Majesty shall shew your self Neutral as it may be some will propound That first will cause very great scandal and with just reason since in matters of less opposition then of Catholicks against Hereticks the Arms of this Crown have taken the godly part against the contrary party and at this time the Frenchmen fomenting the Hollanders against your Majesty your Piety hath been such that you have sent your Arms against the Rebels of that Crown leaving all the great considerations of State onely because these men are Enemies to the Faith and the Church It will oblige your Majesty and give occasion to those of the League to make use of the King of France and of other Catholick Princes ill-affected
it particular It hath been confessed by one that argued on the other side that there is a generall in a particular C. 4. Hollands case there is the most generall and there is generall in particular as the State Ecclesiasticall 3 ly There is more particular as Colledges Deans and Chapters This being in a case of Return upon Habeas Corpus no precise certainty is required In an Indictment a certainty of all circumstances is requisite in Pleading a certainty is required in Counâ—s a more precise certainty in Barrs a certainty to a common intent is enough There is not such precise certainty required here as in Indictment or Count because the party ought to answer unto them nor so much certainty is required in this as in a Bar. And the Return is not incertain for as it is said in Plowden 202. and 193. a thing is incertain where it may be taken indifferently one way or the other But where the intendment the one way exceeds the intendment the other way it is not uncertain as it is here The words are for notable contempts against Us and Our Government for stirring up of sedition against Us Here is certainty of intendment one way There are many Writs which are more uncertain thâ—â— this Return here is yet good The Writ concerning the taking of an Apostate is general Quod spreto habitu Ordinis and yet there are more sorts of Apostasies In the Writ concerning the amoving of a Leper the words are generall and yet it appears by F. N. B. that there are two kinds of Lepers one outward and the other inward and for the latter the Writ concerning amoving a Leper So the Writs concerning the burning of an Heretick and concerning the examining of an Idiot are general and yet there are sundry kinds of Hereticks and Idiots also But it hath been objected that Sedition is not a Law-tearm nor known in the Law of which the Iudges can take no notice but the words to expresse offences of this nature are Murder Treason Felony c. and that no Indictment of Sedition generally was ever seen To this I answer Perhaps it is true that no Indictment was ever seen made because the form of an Indictment is precise words of art are required therein as appears in Dyer 69.261 C. 4. Vaux's case yet in 5 E. 6. Dyer 69. it is said that Furatus implies Felonicè cepit although the contrary hath been objected In a Return words by Periphrasis are sufficient The Warrant of a Iustice of Peace to apprehend I. S. because of prepensed malice interfecit I. D. is good enough although there wants the word murdravit In 5 R. 2. F. tryal 54. Belknap saies That a miscreant shall forfeit his land Out of which it may be gathered that a man may be Indicted for miscreancy And it seems likewise that an Indictment of sedition may be good for in some cases it is Treason I agree Peaks case which hath been obiected that for these words seditious fellow no action lies and so is C. 4.19 b. because those words do not import an act to be done but onely an inclination to do it but if a man say such words of another which import that he hath made sedition they are actionable as it was resolved in Phillips Badby's case 24 Eliz. C. 4.19 a. Thou hast made a seditious Sermon and moved the people to sedition this day adjudged actionable So in the Lord Cromwells C. 4.12 13. the action would have lain for those words You like of those that maintain sedition against the Queens proceedings if there had not been another matter in the case I agree the case of 21 E. 3. Sir John Garboyls case 42. E. 3. for in those cases sedition was only taken adjectively and shewes an inclination onely to do a seditious act in such sense sedition may be applyed to other offences then treason In 31 E. 1. f. gard 157. Gardein in Socage made feofment of land which he had in Ward This is forfeiture saies the Book for the treason which he did to the Ward so there one thing is called treason which is onely a breach of trust In an appeal of Mayhem it is felonicè and yet 6 H. 7.1 it is not Felony But felony is there onely put to expresse the hainousnesse of the offence it is as it were a felony The Statutes of 2 H. 4.1 Mar. 13 Eliz. 35 Eliz. 17 R. 2.3 4 E. 6.14 Eliz. which have been objected have the word Sedition but not applyable to this case Bracton in his Book de Corona saies Si quis c. If any by rash attempt plotting the Kings death should act or cause any to act to the sedition of the Lord the King or of his Army it is treason And Glanvil in as many words saies That to do any thing in sedition of the Kingdom or of the Army is high-treason And Britton fol. 16 It is high treason to â—â—herit the King of the Realm and sedition tendeth to the disheritance of the King for as it hath been said Seditio est quasi seorsum-itio when the people are severed from the King or it is Seperans à ditione when the people are severed from the power of the King And in this sense Sedition is no stranger in our Law and such sedition which severs the people from the King is Treason But it hath been objected that by the Statute of 25 E. 3. the Parliament ought onely to determine what is treason what not To this I answer That upon the said Statute the positive Law had alwaies made explication and exposition Br. treason 24. the words are Compasse or imagine the death of the King and there it is taken that he that malitiously deviseth how the King may come to death by words or otherwise and does an act to explain it as in assaying harnesse this is treason 13 Eliz. Dy. 298. Story 's case he being beyond-sea practised with a forraign Prince to invade the Realm and held treason because invasion is to the perill of the Prince and so within the Statute of 25 E. 3.4 Mar. Dy. 144. The taking of the Castle of Scarborough was treason in Stafford by 30. ass p. 19. which was presently after the making of the Statute of 25 E. 3. A man ought to have been hanged and drawn that brought Letters of Excommengement from the Pope and published them in England And it is to be noted that at the same time there was no Statute to make it treason but upon construction of the said Statute of 25 E. 3 though now it be made treason by the Statute of 13 Eliz. if it be with intention to advance forraigne power Perhaps the sedition mentioned in this Return is high treason and yet the King may make it an offence Finable for he may prosecute the offendor in what course he pleaseth and if it be treason then the prisoners are not baylable by the Statute of Westm. But suppose
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
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.