attended by all the Servants in Ordinary The day following the Privy-Counsellors to the late King with all the Lords Spiritual and Temporal then about London were in the Council Chamber at Whitehall by Eight of the Clock in the morning ready to go together and present themselves to his Majesty but there came in the mean a Commandment from the King by the Lord Conway and Sir Albertus Morton Principal Secretaries of State to the deceased King that the Lord Keeper of the Great-Seal should be sworn of his Majesties Privy-Council and that he should give the Oath to the Lord President by whom all the rest of the late Kings Council should be sworn Counsellors to his present Majesty The Lord Keeper of the great Seal the Lord President the Lord Arch-bishop of Canterbury the Lord Treasurer of England the Lord Privy-Seal the Duke of Buckingham Lord Admiral of England the Earl of Pembrook Lord Chamberlain the Earl of Montgomery the Earl of Kellye the Earl of Arundel Earl Marshal of England the Lord Viscount Grandison the Lord Conwey the Lord Brook Mr Treasurer Mr Comptroller the Master of the Wards Mr Secretary Morton Mr Chancellor of the Exchequer and the Master of the Rolls were this day sworn accordingly the Lord Keeper did take an Oath apart as Lord Keeper of the Great Seal the Lord Treasurer as Lord Treasurer of England the Lord President as Lord President of the Kings Privy-Council and the Lord Conwey and Sir Albertus Norton as principal Secretaries of State the Lords which were not of his Majesties Privy-Council repaired by themselves to St Iames's and presented themselves to the King and kissed his hand The Council sat immediately and advised of the most important and pressing matters to be offered to the King for his present service and resolved upon these particulars That a Commission be granted to authorize the Great-Seal Privy-Seal and Signet till new ones be prepared also Commissions for authorizng of Judges Justices of Peace Sheriffs and other such Officers for Government that there be a general Proclamation for continuation of Proceedings preservation of Peace and administration of Justice that Letters be prepared for the Ambassadors with foreign Princes to authorize their services to the King that special Messengers be sent unto foreign Princes that the like Proclamations to those of England be sent into Scotland that Commissions be renewed into Ireland to the Deputy and Officers there that the Mint for Coyning of money go on and all things be mannaged by the Officers as then they stood till the Kings pleasure be further known that a Parliament be summoned when the King shall appoint that the Kings pleasure be known concerning the time of his Fathers Funeral and where the Corps shall rest in the mean time as also the time of his Majesties Coronation This being done the whole Council attended the King at St Iames's where the Lord Keeper in the name of all the rest presented their humble thanks that it had pleased his Majesty to have affiance in those that had been Counsellors to his Father to receive them all to be of his Privy-Council the Lord President represented to the King the matters before mentioned which the King allowed and gave order that those of them which required speed should be put in execution and most of the powers he signed presently And first because by the death of the late King the Authorities and powers of the greatest number of Offices and places of Government did cease and fail by the failing of the Soveraign Person from whom the same were derived a Proclamation issued forth signifying his Majesties pleasure that all persons whatsoever who at the decease of the late King were invested in any Office or Place of Government Civil or Martial within the Realms of England and Ireland and namely Presidents Lieutenants Vice-Presidents Judges Justices Sheriffs Deputy Lieutenants Commissaries of Musters Justices of Peace shall continue in their several Offices till his Majesties pleasure were further known In another Proclamation of the same date the King took notice of his Fathers death and that he being his onely Son and undoubted Heir is invested and established in the Crown Imperial of this Realm and all other his Majesties Realms Dominions and Countries with all the Royalties Preeminencies Stiles Names Titles and Dignities to the same belonging and he declared That as he for his part shall by Gods grace shew himself a most benign and gracious Soveraign Lord to all his good Subjects in all their lawfull Suits and Causes so he mistrusteth not but that they on their parts will shew themselves unto him their natural Liege Lord most loving faithfull and obedient Subjects The Council resolved to move the King that his Fathers Funeral might be solemnized within five weeks and within a few dayes after the Ceremonial Nuptials in France and before the Parliament began in England These Resolves the Lord President represented unto the King who accepted of the advices and said he would follow them Moreover he summoned a Parliament to begin the seventeeth of May but by the advice of his Privy-Council Prorogued it to the one and thirtieth of May afterwards to the thirteenth of Iune and then to the eighteenth of the same moneth which Prorogations were occasioned by the Kings going to Dover to receive the Queen April 23. The Body and Herse of King Iames was brought from Theobalds to London being conducted by the Officers of the Guard of the Body all in Mourning every one having a Torch and attended by all the Lords of the Court and great numbers of other persons of quality and was placed in Denmark-House in the Hall of the deceased Queen Anne The seventh of May was the day of Burial the Body and Herse were taken from the said Hall of State and brought in great Pompe and Solemnity to Westminster where the Kings of England use to be interred The new King to shew his Piety towards his deceased Father was content to dispense with Majesty he followed in the Rear having at his right hand the Earl of Arundel at his left the Earl of Pembrook both Knights of the Garter his Train was born up by twelve Peers of the Realm So King Iames who lived in Peace and assumed the title of Peace-maker was peaceably laid in his Grave in the Abby at Westminster King Charles in his Fathers life time was linked to the Duke of Buckingham and now continued to receive him into an admired intimacy and dearness making him Partaker of all his Counsels and Cares and Chief Conductor of his Affairs an Example rare in this Nation to be the Favorite of two succeding Princes The Publick State of Religion and the steering of Church-matters had an early inspection and consultation in the Cabinet Council Bishop Laud who in King Iame's life time had delivered to the Duke a little book about Doctrinal Puritanism now also delivered to the Duke a
thereupon their Lordships will be pleased to take care that the Grand-Iury men either by Evidence or their own Knowledge indict them which are not already indicted before the end of the Assises and that their Lordships admit no Traverse unless the Persons convicted have first yeilded their bodies into the custody of the Sheriff as their Lordships know well all the Iudges with one voice resolved the Law to be 3 That there be special care taken of Schoolmasters and Teachers of any kinde who are Popish that they be presented and proceeded against 4. That their Lordships give knowledge to the Counties where they sit that the married Women who are Popish Recusants convicted by the Law ought to be committed to the Common-Goal without Bail unless their husbands redeem their liberty by the constant payment of 10 l. a moneth and that it must be executed Your Lordships ready to be commanded ROB. HEATH Inner-Temple Mar. 7. 1625. The Commons proceeded in the Examination of Grievances and had a Report made unto them That the reason wherefore our Merchants Ships and Goods were seised in France was by reason of Sir Iames Bagg vice-Vice-Admiral for Cornwal and other mens dealings towards the French in seising upon their goods in several Ports in England and particularly the seising of the Ship called the Peter of New-haven and brought into Plymouth by order from the Lord Duke after the King and Council had ordered this Ship to be restored upon a just Claim and that the Court of Admiralty had also released her That till this action the French did not begin to seise any English Goods or Ships That twenty and three bags of silver and eight bags of gold were by Sir Francis Steward delivered to the Lord Duke the Duke having notice hereof said he would justifie the stay of the Ship by order from the King The Council of War appointed to manage the business for the relief of the Palatinate were called into the House of Commons and this Question was propounded unto them Whether their Advice was followed which they gave for the four Ends mentioned in the Act of Parliament 21 Iacobi for which the moneys given by that Act were to issue Lord Carey Earl of Totnes and Lord Brook desired to be excused from answering the Lord Vere said He had been much absent in the Low-Countries and could say little the Lord Grandison said that since Iuly last they had seldom met Sir Robert Mansel and Sir Iohn Oyle desired a Copy of the Question and that they might all confer together before they gave Answer to a Question of this Concernment Afterwards the same persons except the Lord Vere were called in again who gave unsatisfactory answers when they were pressed to deal clearly and fully in the business It was answered by some of them That they conceived by the Act of Parliament they were bound to make no other Answer then what they had done Others desired before they answered that they might have the Kings consent first That obtained and a special Order of the House requiring an Answer Sir Robert Mansel declared his readiness to give a cleer and full Account While matters were thus debated Mr Secretary Cook delivered a Message from the King to the Commons declaring his Majesties occasion for Supply This Message was strengthened by a Conference which the Lords desired with the Commons where William Earl of Pembrook represented the Affairs of Christendom how they stood before the breach of the Treaties with Spain and how at that present shewing That the condition of the Palatinate was nothing bettered That Count Mansfiels Army was raised for the diversion of the League Catholick in Germany That the King of Denmark had thereupon engaged himself to stand or fall in this Quarrel in case of Supplies That the Swedes were forward and lastly That his Majesty had made a strict Alliance with the Hollander upon these terms That they shall bear a fourth part of the expence of our Navy and onely have a fourth part of the spoils the Lands and Cities conquered to be the Kings The fruits of all rich advantages will be lost if a speedy Assistance be not resolved on The Commons not thinking fit to take into consideration the matter of Supply at present call for a Report from the Committee appointed to consider of the Causes and Remedies of Evils which being made by Mr Wandesford it was resolved That the Diminution of the Kingdom in strength and honor is a general Evil which we suffer under a second the increase and countenancing of Papists a third the not guarding of the narrow Seas a fourth Plurality of Offices in one hand a fifth sales of Honors and places of Judicature a sixth delivery up of Ships to the French a Seventh misimployment of three Subsidies and three fifteens c. And they further ordered That the Duke whom these Misdemenors especially reflected on have notice that the Commons House intend suddenly to resume the debate of these things and Mr Clement Cook said openly That it were better to die by an Enemy then to suffer at home The Lords at that time more readily complying with the Kings desires appointed a Committee to consider of the safety and defence of the Kingdom in general and particularly of the safeguard of the Seas the store of Ammunition and Arms and all things incident thereunto and of strengthening the Forts for this the King gave them thanks and desired them to proceed with alacrity The Committee of Lords made haste and reported their advice to the House That one Fleet be presently set to Sea against the King of Spain to annoy him and to prevent the Invasion of this Kingdom That another be set out to defend our own Coasts and the Merchants from Pirats and that consideration be had of maintaining the Armies under the King of Denmark and Count Mansfield but the House would give no opinion thereupon till they had Conference with the House of Commons which was desired upon this occasion To which Message the Commons onely returned this Answer That they desire to have a good correspondency with their Lordships and will be ever carefull of the safety and defence of the Kingdom and maintain their own priviledges as is fitting and immediately proceed with the debate concerning the Duke which was a little interrupted as well by a Letter of the Kings to the Speaker as by a Message delivered by Sir Richard Weston touching Supply King Charles to the Speaker Trusty and Welbeloved c. HAving assembled the Parliament early in the beginning of the year for the more timely help and advice of our People in our great and important Affairs and having of late not onely by Message but also of our self put our House of Commons in minde of our pressing occasions and of the present Estate of Christendom wherein they have equal interest with us as well in respect of their own former engagements
and spun out two days time It was managed by Eight Members and Sixteen more as Assistants The Eight cheif managers were Sir Dudley Diggs Mr. Herbert Mr. Selden Mr. Glanvile Mr. Pym Mr. Sherâ—and Mr. Wandesford and Sir Iohn Elliot Sir Dudley Diggs by way of Prologue made this Speech My Lords THere are so many things of great importance to be said in very little time to day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical Affectations I onely in plain Country Language humbly pray your Lordships favor to include many excuses necessary to my manifold infirmities in this one word I am Commanded by the Knights Citizens and Burgesses of the Commons House to present to your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great Wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upon this occasion The House of Commons by a fatal and universal Concurrence of Complaints from all the Sea-bordering parts of this Kingdom did finde a great and grievous interruption and stop of Trade and Traffick The base Pirates of Sally ignominiously infesting our Coasts taking our Ships and Goods and leading away the Subjects of this Kingdom into Barbarous captivity while to our shame and hindrance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths Our friends on slight pretences made Imbargoes of our Merchants Goods and every Nation upon the least occasion was ready to contemn and slights us So great was the apparent diminution of the antient Honor of this Crown and once strong Reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valors of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the Second they called their Wisest the House of Austria as great and potent and both strengthned with a malitious League in France of persons ill-affected when the Low-Countreys had no Being yet by constant Councils and old English ways even then that Spanish pride was cooled that greatness of the House of Austria so formidable to us now was well resisted and to the United Provinces of the Low-Countreys such a beginning growth and strength was given as gave us honor over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the Causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honor and Reputation in this Kingdom which as in one Centre met in one great Man the cause of all whom I am here to name The Duke of Buckingham Here Sir Dudley Diggs made a little stop and afterwards read the Preamble to the Charge viz. The Commons Declaration and Impeachment against the Duke of Buckingham FOr the speedy Redress of great Evils and Mischeifs and of the cheif cause of these Evils and Mischeifs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honor and safety of our Soveraign Lord the King and of his Crown and Dignity and to the good and welfare of his people The Commons in this present Parliament by the Authority of our said Soveraign Lord the King assembled Do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guienne General-Governor of the Seas and Ships of the said Kingdom Lieutenant-General Admiral Captain-General and Governor of his Majesties Royal Fleet and Army lately set forth Master of the Horse of our Soveraign Lord the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all the Forests and Chases on this side the River Trent Constable of the Castle of Windsor Gentleman of his Majesties Bed-Chamber one of his Majesties most Honorable Privy Council in his Realms both in England Scotland and Ireland and Knight of the most Honorable Order of the Garter The Misdemeanors Misprisions Offences Crimes and other Matters comprised in the Articles following and him the said Duke do accuse and impeach of the said Misdemeanors Misprisions Offences and Crimes My Lords THis lofty Title of this Mighty Man methinks doth raise my spirits to speak with a Paulò Majora Canamus and let it not displease your Lordships if for Foundation I compare the beautiful structure and fair composition of this Monarchy wherein we live to the great work of God the World it self In which the solid Body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may well resemble us the Commons And as it is incompassed with Air and Fire and Sphears Celestial of Planets and a Firmament of fixed Stars all which receive their heat light and life from one great glorious Sun even like the King our Soveraign So that Firmament of fixed Stars I take to be your Lordships those Planets the great Officers of the Kingdom that pure Element of Fire the most Religious Zealous and Pious Clergy and the Reverend Judges Magistrates and Ministers of Law and Justice the Air wherein we breathe All which encompass round with cherishing comfort this Body of the Commons who truly labor for them all and though they be the Foot stool and the lowest yet may well be said to be the setled Centre of the State Now my good Lords if that glorious Sun by his powerful Beams of Grace and Favor shall draw from the Bowels of this Earth an exhalation that shall take Fire and burn and shine out like a Star it needs not be marvelled at if the poor Commons gaze and wonder at the Comet and when they feel the effects impute all to the incorruptible matter of it But if such an imperfect mixture appear like that in the last age in the Chair of Cassiopeia among the sixed Stars themselves where Aristotle and the old Philosophers conceived there was no place for such corruption then as the Learned Mathematicians were troubled to observe the irregular motions the prodigious magnitude and the ominous prognosticks of that Meteor so the Commons when they see such a blazing Star in course so exorbitant in the Affairs of this Commonwealth cannot
but look upon it and for want of Perspectives commend the nearer examination to your Lordships who may behold it at a nearer distance Such a prodigious Comet the Commons take this Duke of Buckingham to be against whom and his irregular ways there are by learned Gentlemen legal Articles of Charge to be delivered to your Lordships which I am generally first commanded to lay open 1. The Offices of this Kingdom that are the Eyes the Ears and the Hands of this Commonwealth these have been ingrossed bought and sold and many of the greatest of them holden even in the Dukes own hands which severally gave in former ages sufficient content to greatest Favorites and were work enough for wisest Counsellors by means whereof what strange abuses what infinite neglects have followed The Seas have been unguarded Trade disturbed Merchants oppressed their Ships and even one of the Royal Navy by cunning practice delivered over into Foreign hands and contrary to our good Kings intention employed to the prejudice almost to the ruine of Friends of our own Religion 2. Next Honors those most pretious Jewels of the Crown a Treasure inestimable wherewith your Noble Ancestors my Lords were well rewarded for eminent and publick Service in the Common-wealth at home for brave exploits abroad when covered all with dust and blood they sweat in service for the honor of this Crown What back-ways what by-ways have been by this Duke found out is too well known to your Lordships whereas antiently it was the honor of England as among the Romans the way to the Temple of Honor was through the Temple of Vertue But I am commanded to press this no further then to let your Lordships know one instance may perhaps be given of some one Lord compelled to purchase Honor 3. As divers of the Dukes poor Kinred have been raised to great honors which have been and are likely to be more chargeable and burthensome to the Crown so the Lands and Revenews and the Treasuries of his Majesty have been intercepted and exhausted by this Duke and his Friends and strangely mis-employed with strange confusion of the Accounts and overthrow of the well established antient Orders of his Majesties Exchequer 4. The last of the Charges which are prepared will be an injury offered to the person of the late King of Blessed memory who is with God of which as your Lordships may have heard heretofore you shall anon have further information Now upon this occasion I am commanded by the Commons to take care of the honor of the King our Soveraign that lives long may he live to our comfort and the good of the Christian World and also of his Blessed Father who is dead on whom to the grief of the Commons and their great distaste the Lord Duke did they conceive unworthily cast some ill odor of his own foul ways whereas Servants were antiently wont to bear as in truth they ought their Masters faults and not cast their own on them undeservedly It is well known the King who is with God had the same power and the same wisdom before he knew this Duke yea and the same affections too through which as a good and gratious Master he advanced and raised some Stars of your Lordships Firmament in whose hands this exorbitancy of will this transcendency of power such placing and displacing of Officers such irregular runing into all by-courses of the Planets such sole and single managing of the great Affairs of State was never heard of And therefore onely to the Lord Duke and his procurement by mis-informations these faults complained of by the Commons are to be imputed And for our most Gratious Soveraign that lives whose name hath been used and may perhaps now be for the Dukes justification the Commons know well That among his Majesties most Royal Virtues his Piety unto his Father hath made him a pious nourisher of his Affections ever to the Lord Duke on whom out of that consideration his Majesty hath wrought a kinde of wonder making Favor Hereditary but the abuse thereof must be the Lord Dukes own And if there have been any Commands such as were or may be pretended his mis-informations have procured them whereas the Laws of England teach us That Kings cannot command ill or unlawful things when ever they speak though by their Letters Patents or their Seals If the things be evil these Letters Patents are void and whatsoever ill event succeeds the Executioners of such Commands must ever answer for them Thus my Lords in performance of my duty my weakness hath been troublesome unto your Lordships it is now high time humbly to entreat your pardon and give way to a learned Gentleman to begin a more particular charge Then were read the First Second and Third Articles viz. 1. THat whereas the great Offices expressed in the said Dukes Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employed by the Royal Progenitors of our Soveraign Lord the King in places of less Dignity were much encouraged with the hopes of advancement And whereas divers of the said places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able person He the said Duke being yong and unexperienced hath of late years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them II. Whereas by the Laws and Statutes of this Kingdom of England if any person whatsoever give or pay any sum of Money Fee or Reward directly or indirectly for any Office or Offices which in any-wise touch or concern the Administration or Execution of Justice or the keeping of any of the Kings Majesties Towns Castles or Fortresses being used occupied or appointed for places of strength and defence the same person is immediately upon the same Fee Money or Reward given or paid to be adjudged a disabled person in the Law to all intents and purposes to have occupy or enjoy the said Office or Offices for the which he so giveth or payeth any sum of Money Fee or Reward He the said Duke did in or about the Moneth of Ianuary in the Sixteenth year of the late King Iames of Famous memory give and pay to the Right Honorable Charles then Earl of Nottingham for the Office of Great Admiral of England and Ireland and the Principality of
Wales and for the Office of General-Governor of the Seas and Ships of the said Kingdoms and for the Surrender of the said Offices then made to the said King by the said Earl of Nottingham being then Great Admiral of the said Kingdoms and Principality and General-Governor of the Seas and Ships to the intent the said Duke might obtain the said Offices to his own use the sum of Three thousand pounds of lawful Money of England and did also about the same time procure from the said King a further Reward for the Surrender of the said Office to the said Earl of an Annuity of One thousand pounds by the year for and during the life of the said Earl and by the procurement of the said Duke the said late King of Famous memory did by his Letters Patents dated the Seven and twentieth of Ianuary in the said year of his Reign under the Great Seal of England grant to the said Earl the said Annuity which he the said Earl accordingly had and enjoyed during his life and by reason of the said sum of Money so as aforesaid paid by the said Duke And of his the said Dukes procurement of the said Annuity the said Earl of Nottingham did in the same Moneth surrender unto the said late King his said Offices and his Patents of them and thereupon and by reason of the premisses the said Offices were obtained by the Duke for his life from the said King of Famous Memory by Letters Patents made to the said Duke of the same Offices under the Great Seal of England dated the Eight and twentieth day of Ianuary in the said Sixteenth year of the said late King And the said Offices of Great Admiral and Governor as aforesaid are Offices that highly touch and concern the Administration and Execution of Justice within the provision of the said Laws and Statutes of this Kingdom which notwithstanding the said Duke hath unlawfully ever since the first unlawful obtaining of the said Grant of the said Offices retained them in his hands and exercised them against the Laws and Statutes aforesaid III. The said Duke did likewise in or about the beginning of the Moneth of December in the Two and twentieth year of the said late King Iames of Famous memory give and pay unto the Right Honorable Edward late Lord Zouch Lord Warden of the Cinque Ports and of the Members thereof and Constable of the Castle of Dover for the said Offices and for the Surrender of the said Offices of Lord Warden of the Cinque Ports and Constable of the said Castle of Dover to be made to the said late King of Famous memory the sum of One thousand pounds of lawful Money of England and then also granted an Annuity of Five hundred pounds yearly to the said Lord Zouch for the life of the said Lord Zouch to the intent that he the said Duke might thereby obtain the said Offices to his own use And for and by reason of the said sum of Money so paid by the said Duke and of the said Annuity so granted to the said Edward Lord Zouch he the said Lord Zouch the Fourth day of December in the year aforesaid did surrender his said Offices and his Letters Patents of them to the said late King And thereupon and by reason of the premisses he the said Duke obtained the said Offices for his life from the said late King by his Letters Patents under the Great Seal of England dated the Sixth day of December in the said Two and twentieth year And the said Office of Lord Warden of the Cinque Ports and of the Members thereof is an Office that doth highly touch and concern Administration and Execution of justice and the said Office of Constable of the Castle of Dover is an Office that highly concerneth the keeping and defence of the Town and Port and of the said Castle of Dover which is and hath ever been appointed for a most eminent place of strength and defence of this Kingdom which notwithstanding the said Duke hath unlawfully ever since this first unlawful obtaining of the said Office retained them in his hands and exercised them against the Laws and Statutes aforesaid These Three Articles were discoursed upon by Mr. Herbert and touching Plurality of Offices he observed That in that vast power of the Duke a young unexperienced man there is an unfortunate complication of Danger and Mischeif to the State as having too much ability if he be false to do harm and ruine the Kingdom and if he be faithful and never so industrious yet divided amongst so many great places whereof every one would employ the industry of an able and provident man there must needs be in him an insufficiency of performance or rather an impossibility especially considering his necessary attendance likewise upon his Court places To the Second and Third namely The buying the Office of Admiralty and Cinque-Ports both which he comprised in one he said That to set a price upon the Walls and Gates of the Kingdom is a Crime which requires rather a speedy remedy than an aggravation and is against the express Law of 5 Edw. 6. upon this foundation That the buying of such places doth necessarily introduce corrupt and insufficient Officers And in the Parliament of 12 Edw. 4. it is declared by the whole Assembly That they who buy those places these are the express words binde themselves to be Extortioners and Offenders as if they pretended it warrantable or as if they did lay an Obligation upon themselves to sell again And though the buying of such places be not against any particular Law enjoyning a penalty for them the breach whereof is a particular Offence yet as far as they subvert the good and welfare and safety of the people so far they are against the highest Law and assume the nature of the highest Offences IV. Whereas the said Duke by reason of his said Offices of Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of Admiral of the Cinque Ports and General Governor of the Seas and Ships of the said Kingdoms and by reason of the trust thereunto belonging ought at all times since the said Offices obtained to have safely guarded kept and preserved the said Seas and the Dominion of them and ought also whensoever there wanted either Men Ships Munition or other strength whatsoever that might conduce to the better safeguard of them to have used from time to time his utmost endeavor for the supply of such wants to the Right Honorable the Lords and others of the Privy Council and by procuring such supply from his Soveraign or otherwise He the said Duke hath ever since the dissolution of the two Treaties mentioned in the Act of Subsidies of the One and twentieth year of the late King Iames of Famous memory that is to say the space of Two years last past neglected the just performance of his said Office and Duty
and broken the said Trust therewith committed unto him And hath not according to his said Offices during the time aforesaid safely kept the said Seas insomuch that by reason of his neglect and default therein not onely the trade and strength of this Kingdom of England hath been during the said time much decayed but the same Seas also have been during the same time ignominiously infested by Pirates and Enemies to the loss both of very many Ships and Goods and of many of the Subjects of our Soveraign Lord the King and the Dominion of the said Seas being the antient and undoubted Patrimony of the Kings of England is thereby also in most eminent danger to be utterly lost V. Whereas about Michaelmas last past a Ship called the St Peter of Newhaven whereof Iohn Mallerow was Master laden with divers Goods Merchandise Monies Jewels and Commodities to the value of Forty thousand pounds or thereabouts for the proper accompt of Monsieur de Villieurs the then Governor of Newhaven and other Subjects of the French King being in perfect Amity and League with our Soveraign Lord the King was taken at Sea by some of the Ships of his Majesties late Fleet set forth under the command of the said Duke as well by direction from him the said Duke as great Admiral of England as by the Authority of the extraordinary Commission which he then had for the command of the said Fleet and was by them together with her said goods and lading brought into the Port at Plymouth as a prize among many others upon probabilities that the said Ship or Goods belonged to the Subjects of the King of Spain And that divers parcels of the said goods and lading were there taken out of the said Ship of St Peter that is to say Sixteen Barrels of Cocheneal Eight Bags of Gold Twenty three Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold Jewels Monies and Commodities to the value of Twenty thousand pounds or thereabouts and by the said Duke were delivered into the private custody of one Gabriel Marsh servant to the said Duke and that the said Ship with the residue of her goods and lading was from thence sent up into the River of Thames and there detained whereupon there was an arrest at Newhaven in the Kingdom of France on the seventh day of December last of two English Merchants Ships trading thither as was alleadged in certain Petitions exhibited by some English Merchants trading into France to the Lords and others of his Majesties most honorable Privy-Council after which that is to say on the 28 day of the said moneth his Majesty was pleased to order with the advice of his Privy-Council that the said Ship and Goods belonging to the Sucjects of the French King should be redelivered to such as should re-claim them and accordingly intimation was given unto his Majesties Advocate in the chief Court of Admiralty by the right honorable Sir Io. Cook Knight one of his Majesties principal Secretaries of State for the freeing and discharging of the said Ship and Goods in the said Court of Admiralty And afterwards that is to say on the Six and twentieth of Ianuary last it was decreed in the said Court by the Judge thereof with the consent of the said Advocate That the said Ship with whatsoever Goods so seised or taken in her Except Three hundred Mexico Hides Sixteen Sacks of Ginger one Box of gilded Beads Five Sacks of Ginger more mentioned in the said Decree should be clearly released from further detention and delivered to the Master and thereupon under Seal a Commission was in that behalf duty sent out of the said Court to Sir Allen Appesly Sir Iohn Worstenholme and others for the due execution thereof The said Duke notwithstanding the said Order Commission and Decree detained still to his own use the said Gold Silver Pearls Emeralds Jewels Monies and Commodities so taken out of the said Ship as aforesaid And for his own singular avail and covetousness on the sixth day of February last having no information of any new proof without any legal proceeding by colour of his said Office unjustly caused the said ship and goods to be again arrested and detained in publick violation and contempt of the Laws and Justice of this Land to the great disturbance of Trade and prejudice of the Merchants These were enlarged by Mr Selden who said That by nature of his Office the Duke as Admiral ought to have guarded the Seas By his Patent he is made Magnus Admirallus Angliae Hiberniae Walliae Normaniae Aquitaniae Villae Calesij Marchiarum ejusdem praefectus generalis classium Marium dictorum regnorum The Seas of England and Ireland are committed to the Admiral as a part of the Demesne and Possessions of the Crown of England not as if he should thereby have Jurisdiction onely as in case of the Admirals in France or Spain The State of Genoa Catalonia and other Maritine parts of Spain the Sea-Towns of Almain Zeland Holland Friezland Denmark Norway and divers other parts of the Empire shew That the Kings of England by reason that their said Realm hath used time out of minde to be in peaceable possession are Lords of the Seas of England and of the Islands belonging to them And though Grotius that Hollander wrote of purpose to destroy all Dominion in the East-Ocean yet he speaks nothing against the Dominion of our English Seas howsoever he hath been misapprehended but expressly elsewhere saith Meta Britanicis littora sunt oris the utmost limits of the Demesne of the Crown of England are the Shores of the neighbouring Countries the whole Sea or the Territorium maximum that intervenes being parcel of the possession of the Crown the keeping and safe-guard of these committed to the Lord Admiral by the name of the Praefectus Marium Admirallus being but the same anciently Before the use of the word Admiral came in which was under Edw. 1. the Admirals had the Titles of Custodes Maris And this Praefectura or Custodia or Office of safe-guarding the Seas binds him to all care and perpetual observance of whatsoever conduceth to that safe-guard as in Custos sigilli Custos Marchiarum Custos portium custos comitatuum agreeable to the practice of former times 1. In certifying yearly to the King and his Council the many Forces both of the Kings ships and ships of Merchants the names of the owners the number of Marriners c. That the King and his Council may always know his force by Sea 2. In shewing wants of ships c. for the safe-guarding of the Seas with the Estimates of the Supply that so they might be procured In personal attendance upon the service of guarding the Seas upon all occasions of weight In 7 H. 4. Nich. Blackborn and Rich. Cliderowe one of the Knights of Kent were made Admirals for keeping the Seas upon consideration had of it in Parliament and
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
well-beloved Sir VVilliam Balfoure Knight and Iohn Dolbier Esquire or either of them for levying and providing certain numbers of Horses with Armes for Horse and Foot to be brought over into this Kingdome for our service viz. for the levying and transporting of one thousand Horse fifteen thousand pounds for five thousand Muskets five thousand Corslets and five thousand Pikes ten thousand five hundred pounds and for one thousand Curaseers compleat two hundred Corslets and Carbines four thousand five hundred pounds amounting in the whole to the said summe of thirty thousand pounds And this our letter shall be your sufficient warrant and discharge in this behalf Given under our Privy Seal at our Palace of Westminster the 30th of Ianuary in the third year of our Reign Iune the seventh the King came to the Lords House and the House of Commons were sent for And the Lord Keeper presented the humble Petition of both Houses and said MAy it please your most excellent Majesty the Lords Spiritual and Temporal and Commons in Parliament assembled taking into consideration that the good intelligence between your Majesty and your people doth much depend upon your Majesties answer unto their Petition of Right formerly presented With unanimous consent do now become most humble Suitors unto your Majesty that you would be pleased to give a clear and satisfactory answer thereunto in full Parliament Whereunto the King replyed The answer I have already given you was made with so good deliberation and approved by the judgements of so many wise men that I could not have imagined but it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you there is no doublenesse in my meaning I am willing to pleasure you as well in words as in substance read your Petition and you shall have an answer that I am sure will please you The Petition was read and this answer was returned Soit droit fait come il est desire C. R. This I am sure said his Majesty is full yet no more then I granted you in my first Answer for the meaning of that was to confirm your liberties knowing according to your own Protestations that ye neither meane nor can hurt my Prerogative And I assure you my Maxime is That the Peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the Peoples Liberties You see how ready I have shewed my self to satisfie your demands so that I have done my part Wherefore if this Parliament have not a happy conclusion the sin is yours I am free from it Whereupon the Commons returned to their own House with unspeakable joy and resolved so to proceed as to expresse their thankfulnesse and now frequent mention was made of proceeding with the Bill of subsidies of sending the Bills which were ready to the Lords of perfecting the Bill of Tunnage and Poundage and Sir Iohn Strangeâ—â—ies also expressed his joy at the answer and further added Let us perfect our Remonstrance King Iames was wont to say He knâ—w that by Parliaments which otherwise he could never have known After the granting of the Petition of Right the House ordered that the Grand Committees for Religion Trade Grievances and Courts of Justice to sit no longer but that the House proceed only in the consideration of Grievances of most moment And first they fell upon the Commission for Excise and sent to the Lord Keeper for the same who returned answer that he received Warrant at the Councel Table for the sealing thereof and when it was Sealed he carried it back to the Councel Table The Commission being sent it was read in the House viz. CHarles By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Sir Thomas Coventry Knight Lord Keeper of the Great Seale of England To James Earl of Malburg Lord High Treasurer or England Henry Earl of Manchester Lord President of our Councel Edward Earl of Worcester Lord Keeper of our Privy Seal George Duke of Buckingham Lord high Admiral of England William E. of Pembrook Lord Steward of Our Houshold Philip Earl of Mountgomery Lord Chamberlain of Our Houshold Theophilus Earl of Suffolk Edward Earl of Dorset William Earl of Salisbury Thomas Earl of Exeter John Earl of Bridgwater James Earl of Carlisle Henry Earl of Holland William Earl of Denbigh George Earl of Totnes Sir George Hay Kt. Lord Chancellor of Scotland William Earl of Morton Thomas Earl of Kelley Thomas Earl of Mellers Edward Uiscount Conway one of our principal Secretaries of State Edward Uiscount Wimbleton Oliver Uiscount Grandison Henry Falkland Lord Deputy of Ireland To the Lord Bp. of Winchester Wil. Lord Bp. of Bath and Wells Fulk Lo. Brook Dudley Ash Lord Carlton Uice Chamberlain of Our Houshold Sir Thomas Edmonds Treasurer of our Houshold Sir John Savil Controler of Our Houshold Sir Robert Nanton Master of the Court of Wards Sir John Cook one of the principal Secretaries of State Sir Richard Weston Chancellour and under Treasurer of our Exchequer Julius Caesar Master of the Rolls and Sir Humphrey May Kt. Chancellour of Our Dutchy of Lancaster Greeting Whereas the presâ—nt Conjuncture of the general affairs of Christendom and our own particular interest in giving assistance unto our oppressed Allies and for providing for the defence and safety of our own Dominions and People do call upon Us to neglect nothing that may conduce to those good ends And because Monies the principal sinâ—ws of War and one of the first and chiefest movers in all great Preparations and Actions are necessary to be provided in the first place and We are carefull the same may be raised by such ways as may best stand with the State of Our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience We have had and for the trust we repose in your wisdoms fidelities and dutifull care of your service And for the experience we have of all great Causes concerning us and our State both as they have relation to Foraine parts abroad and as to our Common-wealth and People at home Ye being persons called by us to be of Our Privy Councel have thought sit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your special care and diligence And we do hereby authorise and appoint and strictly will and require you that speedily and seriously you enter into consideration of all the best and speediest ways and means ye can for raising of Monies for the most Important occasions aforesaid UUhich without extreamest hazard to Us our Dominions and People and to our Friends and Allies can admit of no long delay the same to be done by Impositions or othâ—rwise as in your wisdoms and best Iudgments ye shall find to be most convenient in a case of this inevitable necessity wherein Form â—nd
outward practices and no secret motions of the Conscience are adjudged by the Laws of England to be meerly Civil and Political and are excluded by the Letter from the benefit of those Writs But because the peoples mouths were open and some Preachers were too busie and the Puritan party increased the King gave directions for the regulation of the Ministry in his Letters to the Lord Archbishop of Canterbury MOst Reverend Father in God Right trusty and intirely beloved Counsellor we greet you well Forasmuch as the abuses and extravagancies of Preachers in the Pulpit have been in all times suppressed in this Realm by some Act of Council or State with the Advice and Resolution of grave and learned Prelates insomuch that the very Licencing of Preachers had beginning by an Order of Star-Chamber the Eighth day of July in the Nineteenth year of the Reign of King Henry the Eighth our Noble Predecessor And whereas at this present divers yong Students by reading of late Writers and ungrounded Divines do broach many times unprofitable unsound seditious and dangerous Doctrines to the scandal of the Church and disquiet of the State and present Government We upon humble Representations unto us of these Inconveniencies by your self and sundry other grave and reverend Prelates of this Church as also of our Princely care and zeal for the extirpation of Schism and Dissention growing from these Seeds and for the settling of a religious and peaceable Government both in Church and Commonwealth Do by these our special Letters straitly charge and command you to use all possible care and diligence that these Limitations and Cautions herewith sent unto you concerning Preachers be duly and strictly from henceforth put in practice and observed by the several Bishops within your Iurisdiction And to this end our pleasure is that you send them forthwith Copies of these Directions to be by them speedily sent and communicated unto every Parson Vicar Curate Lecturer and Minister in every Cathedral or Parish Church within their several Diocesses and that you earnestly require them to employ their utmost endeavors in the performance of this so important a business letting them know That we have a special eye unto their proceedings and expect a strict accompt thereof both from you and every of them And these our Letters shall be your sufficient Warrant and Discharge in that behalf Given under our Signet at our Castle of Windsor c. Directions concerning Preachers sent with the Letter I. THat no Preacher under the Degree and Calling of a Bishop or Dean of a Cathedral or Collegiat Church and they upon the Kings days and set Festivals do take occasion by the expounding of any Text of Scripture whatsoever to fall into any set discourse or common place otherwise then by opening the Coherence and Division of the Text which shall not be comprehended and warranted in Essence Substance Effect or Natural inference within some one of the Articles of Religion set forth One thousand five hundred sixty and two or in some of the Homilies set forth by Authority of the Church of England Not onely for a help for the Non-Preaching but withal for a pattern and boundary as it were for the Preaching Ministers And for their further Instructions for the performance hereof that they forthwith read over and peruse diligently the said Book of Articles and the two Books of Homilies II. That no Person Vicar Curate or Lecturer shall Preach any Sermon or Collation hereafter upon Sundays and Holidays in the afternoon in any Cathedral or Parish Church throughout the Kingdom but upon some part of the Catechism or some Text taken out of the Creed Ten Commandments or the Lords Prayer Funeral Sermons onely excepted And that those Preachers be most encouraged and approved of who spend the Afternoons Exercise in the Examination of Children in their Catechism which is the most antient and laudable custom of Teaching in the Church of England III. That no Preacher of what Title soever under the degree of a Bishop or Dean at the least do from henceforth presume to Preach in any Popular Auditory the deep points of Predestination Election Reprobation or of the Universality Efficacy Resistibility or Irresistibility of Gods Grace but leave those Themes rather to be handled by the Learned Men and that Moderately and Modestly by way of Use and Application rather then by way of Positive Doctrines being fitter for the Schools then for simple Auditories IV. That no Preacher of what Title or Denomination soever from henceforth shall presume in any Auditory within this Kingdom to declare limit or bound out by way of Positive Doctrine in any Lecture or Sermon the Power Prerogative and Jurisdiction Authority or Duty of Sovereign Princes or otherwise meddle with matters of State and the differences between Princes and the people then as they are instructed and presidented in the Homilies of Obedience and the rest of the Homilies and Articles of Religion set forth as before is mentioned by Publick Authority but rather confine themselves wholly to those two heads of Faith and good Life which are all the Subject of the Antient Sermons and Homilies V. That no Preacher of what Title or Denomination soever shall presume causelesly or without invitation from the Text to fall into bitter Invectives and undecent railing Speeches against the persons of either Papists or Puritans but modestly and gravely when they are occasioned thereunto by the Text of Scripture free both the Doctrine and the Discipline of the Church of England from the aspersions of either Adversary especially where the Auditory is suspected to be tainted with the one or the other infection VI. Lastly That the Archbishops and Bishops of the Kingdom whom his Majesty hath good cause to blame for their former remissness be more wary and choice in their Licencing of Preachers and revoke all Grants made to any Chancellor Official or Commissary to pass Licences in this kinde And that all the Lecturers throughout the Kingdom of England a new body severed from the Antient Clergy as being neither Parsons Vicars nor Curates be Licenced hence-forward in the Court of Faculties by Recommendation of the party from the Bishop of the Diocess under his Hand and Seal with a Fiat from the Lord Archbishop of Canterbury a Confirmation under the Great Seal of England And that such as do transgress any one of these Directions be suspended by the Bishop of the Diocess or in his Default by the Archbishop of the Province Ab officio beneficio for a year and a day until his Majesty by the Advice of the next Convocation shall prescribe some further punishment These Directions were warily communicated by the Archbishop of Canterbury to the Bishops within his Province The King lost no time in pursuing the Match with Spain but the Dispensation from Rome which was the Key of the business had long lain in a kinde of Dead-Palsie till the new King of Spain had by a
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
Lordships according to the unanimous Advice of all the Iudges of England and his Majesties pleasure signified therein That the First Article propounded viz. You shall do all your pain and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within in your Bayliwick from time to time to all your power and assist and be helping to all Ordinaries and Commissioners of the Holy Church and favor and maintain them as oftentimes as you shall be required shall be left out in the Oath to be given to Sir Edward Cook and shall ever hereafter be left out in all Oaths to be given to the High Sheriffs of Counties hereafter And their Lordships do likewise Order according to the unanimous Advice of all the Iudges of England That the other thrée Articles doubted of shall stand in the said Oath to be ministred to the said Sir Edward Cook and to all other High Sheriffs as heretofore hath béen accustomed and that the Lord Keeper do give order to such Officers and Clerks in the Court of Chancery to whom it appertained to make out the Oath for the time to come according to present Order The expectation of a Parliament gave encouragement to the Bishop of Lincoln who yet retained the name of Lord Keeper notwithstanding his Sequestration several moneths before from the presence of the King the Council Table and the custody of the Seal to make an Address to his Majesty for a favorable interpretation of his actions But his carriage towards the Duke at the Parliament at Oxford was fresh in memory where the Bishop told the Duke in Christ-Church upon the Dukes rebuking him for siding against him That he was engaged with William Earl of Pembroke to labor the Redress of the Peoples Grievances and was resolved to stand upon his own Legs If that be your resolution said the Duke Look you stand fast and so they parted and shortly after that he was sequestred though the Seal was not disposed from him till the Thirtieth of October at which time it was given to Sir Thomas Coventry at Hampton-Court who was that day sworn of the Privy Council and sate there and sealed some Writs and afterwards came to the Term at Reading and sate there as Lord Keeper and heard Causes The King being pressed with his own Necessities and the Cry of the Nation against the Fruitless Voyage of Cadiz summoned a Parliament to meet in February and before the time of meeting his Majesty enjoyned the Archbishops and Bishops in both Provinces to proceed against Popish Recusants by Excommunication and other Censures of the Church and not to omit any lawful means of bringing them to Publick Justice especially he recommended to their vigilant care the unmasking and repressing of those who were not professed Papists yet disaffected to the true Religion and kept close their evil and dangerous affection and by secret means and slights did encourage and advance the growth of Popery This Command was seconded by a Proclamation requiring That all Convicted Papists should according to the Laws of this Realm remain confined to their dwelling places or within five miles thereof unless upon special Licences first obtained in Cases necessary Immediately before the Parliament Bishop Laud procured the Duke of Buckingham to sound the King concerning the Cause Books and Tenets of Mr. Richard Montague and understanding by what the Duke collected That the King had determined within himself to leave him to a Tryal in Parliament he said I seem to see a Cloud arising and threatning the Church of England God for his Mercy dissipate it About the same time the King declared his purpose to celebrate the Solemnity of his Coronation on Candlemas-day at the Palace of Westminster and required all persons who by reason of their Offices and Tenures were bound to perform any Duties at the Solemnitie to give their attendance and to be furnished in all respects answerable to an action of so high State according to their places and dignities Wherefore by a Commission under the Great Seal of England Sir Thomas Coventry Lord Keeper of the Great Seal Iames Lord Say High Treasurer of England Edward Earl of Worcester Keeper of the Privy Seal Thomas Earl of Arundel and Surrey Earl Marshal of England William Earl of Pembroke Lord High Chamberlain Edward Earl of Dorset and Sir Randol Crew Cheif Justice of the Common Pleas were authorised to receive and determine the Claims exhibited by any Person concerning Services to be performed at the approaching Coronation And the more to credit the Solemnity the King resolving to make certain of his Servants and other Subjects in regard of their Birth good Service and other Qualities Knights of the Bath Authorised Thomas Earl of Arundel and Surrey and Earl Marshal of England William Earl of Pembroke Lord Chamberlain to perform in his Majesties Name and behalf all the Rites and Ceremonies belonging thereto At the same time Writs were directed to all Sheriffs in the Realm of England and Dominions of Wales commanding them to make Proclamation That all such as had Forty pounds a year or more of Lands or Revenues in their own hands or the hands of Feoffees for their use for the space of Three years and are not yet Knights do at their perils prepare to present themselves in his Majesties Presence by the One and thirtieth of Ianuary to receive the Order of Knighthood Upon the asswaging of the great Pestilence through the Mercy and Goodness of God in withdrawing and almost removing the Scourge the King by His Royal Authority ordained a Publick and General Thanksgiving to be celebrated upon the Nine and twentieth of Ianuary being the Lords day in the Cities of London and Westminster and the places adjacent and on the Nineteenth of February in all other places of the Kingdom the manner and form whereof was prescribed by a Book composed by the Bishops according to his Majesties special Direction The Contagion ceasing the restraint enjoyned to the Citizens of London from resorting to Fairs for a time was taken off The number of those that died this year within and without the Walls of the City of London and in the Liberties and Nine out Parishes from the Sixteenth of December 24. to the Fifteenth of December 25. Was in Total Fifty four thousand two hundred sixty and five whereof of the Plague Thirty five thousand four hundred and seventeen On Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
State when they were none Recovered Henry the Fourth of France his Kingdom when he had nothing left but the Town of Diep Conquered the Invincible Navy of Spain in Anno 1588. Took Towns in Portugal the Year following and marched One hundred miles upon the Firm ground Fired or brought away the Spanish Navy before Cadiz and sack'd the Town took the Spanish ships daily and spoiled the Port-Towns of the West-Indies never losing but one ship during the Spanish War reducing the Condition of that King from a Fifth Monarchy to so low an Ebb that in one Year he paid Two thousand five hundred Millions of Duckets for Interest so as after he was enforced to beg Treaties of Peace and low Terms at the last Queen-Regents hands III. The Cause of the good Success then A Carriage and readiness to assist their Soveraign in purse and person A Wisdom and Gravity of Council who ordered nothing but by publick Debate and then assisted with the Military Professors either by Land or Sea of the best repute and such only imployed IV. In what Condition we now stand By the loss of Reputation by the ill success in the Voyage for Algier in the Palatinate in the Expedition with Mansfield in the last to Cadiz The Reasons are The uncheerfulness we have either to adventure our purses or persons occasioned by a distrust we have of the success the want of the like Courses and Councils that were formerly used It was wished that for every of the Four Heads there were a particular Committee to examine and prepare a Report for the Houses and the House upon every Report to put it self into a Committee of the whole Assembly and after a full and deliberate Debate to order a Model or Form for a Conference with the Lords and so together humbly to present to his Majesty a Remonstrance of their Labor offering withall a second Consultation and Debate amongst themselves for finding out the fittest means both for the defence of the State and our Allies Reformation of the Errors and a constant way to raise such Supplies as may enable his Majesty to proceed cheerfully and as they hoped assuredly in this his glorious Action not only for himself and State but all that profess the same Religion and are like to be overwhelmed in the Ambition of the Spanish Monarchy Also a Committee was named concerning Religion and the Growth oâ— Popery and Montague's Appeal to Caesar was again brought in question This Book the Commons referred to the Committee for Religion from whom Mr. Pym Reported to the House the several Erroneous Opâ—nions therein contained and the House passed their Votes thereupon That Mr. Montague endeavored to reconcile England to Rome and to alienate the Kings affections from his well-affected Subjects The Articles exhibited against him were these Articles exhibited by the Commons against Richard Montague Clerk THat he the said Richard Montague in or about the 21. year of the Reign of our late Soveraign Lord King Iames of famous memory hath caused to be Printed and in his name to be Published one Book called An Answer to the late Gagg of Protestants and in or about Anno 22. of the same King he caused to be Printed and Published one other Book Entituled A Treatise of the Invocations of Saints and likewise in the First year of his Majesties Reign that now is he procured to be Printed and in his name to be Published another Book Entituled An Appeal to Caesar In every of which Books he hath maintained and confirmed some Doctrine contrary or repugnant to the Articles agreed by the Archbishops and Bishops of both Provinces and the whole Clergy holden in the Convocation at London Anno Domini 1562. according to the computation of the Church of England for avoiding Diversity of Opinions and for establishing Consent touching true Religion All which appears in the places hereafter mentioned and in divers other places and passages of the same Books And by his so doing hath broken the Laws and Statutes of this Realm in that Case provided and very much disturbed both the Peace of Church and Commonwealth I. Whereas in the Five and thirtieth Article of the Articles aforementioned it is declared That the Second Book of Homilies doth contain a Godly and wholesom Doctrine in the sixteenth Homily of which Book it is determined That the Church of Rome as it is at present and hath been for the space of Nine hundred years and odd is so far wide from the nature of a True Church that nothing can be more He the said Richard Montague in several places of his said Book called The Answer to the Gagg and in his other Book called The Appeal doth advisedly maintain and affirm That the Church of Rome is and ever was a True Church since it was a Church II. Whereas in the same Homily it is likewise declared That the Church of Rome is not built upon the Foundation of the Prophets and Apostles and in the Eight and twentieth Article of the said Articles That Transubstantiation overthroweth the nature of a Sacrament and in the Five and twentieth of the same Article That five other reputed Sacraments of the Church of Rome are not to be accounted Sacraments yet contrary and repugnant hereunto he the said Richard Montague doth maintain and affirm in his Book aforesaid called The Answer to the Gagg That the Church of Rome hath ever remained firm upon the same Foundation of Sacraments and Doctrine instituted by God III. In the nineteenth of the same Article it is further determined That the Church of Rome hath erred not onely in their living and matters of Ceremony but also in matters of Faith He the said Richard Montague speaking of those Points which belong to Faith and good manners Hope and Charity doth in the said Book called The Gagg affirm and maintain That none of these are controverted in their Points meaning the Protestants and Papists and notwithstanding that in the One and thirtieth Article it is resolved That the Sacrifice of Masses in which as it is commonly said the Priest did offer Christ for the Quick and the Dead to have remission of Pain and Guilt too is a Blasphemous Fable and dangerous Deceit this being one of the Points controverted between the Church of England and the Church of Rome The said Richard Montague in his Book called The Gagg doth affirm and maintain That the controverted Points are of a lesser and inferior nature of which a man may be ignorant without any danger of his Soul at all a man may resolve to oppose this or that without peril of perishing for ever IV. Whereas in the second Homily Entituled Against Peril of Idolatry contained in the aforesaid Book of Homilies approved by the Seven and thirtieth mrticle aforementioned It is declared That Images teach no good Lesson neither of God nor Godliness but all Error and Wickedness He the said Richard Montague in the Book of Gagg aforesaid doth affirm and maintain
from his Majesties Son in Law whereby he putteth himself solely to his Majesties advice and pleasure for his Submission as you will perceive by the Copy of the Letter it self which I here send your Lordship wherein though there be many things impertinent yet of that point you may make good use for the accomplishment of the business wherein I have written to the Spanish Ambassador to use his Means and Credit likewise which I assure my self he will effectually do especially seeing the impediments are taken away by Count Mansfields Composition and the Conformity of his Majesties Son in Law to this Submission For the Money your Lordship hath so seasonably laid forth his Majesty will see you shall sustain no loss holding it very unconscionable you should suffer by the care of his Service which you have shewed so much to his contentment to the great joy of your Lordships faithful Servant Geo. Buckingham Having given this Accompt of his employment with the Emperor he humbly craveth leave to make it known in what sort before this his employment he endeavored to serve the Prince Palatine and his Cause which will best appear by his Majesties own Testimony upon the going of Sir Francis Nethersole to the Prince Palatine at which time his Majesty being out of his Royal and just heart desirous to do a faithful Servant right commanded Sir Francis Nethersole to let the Prince Palatine understand how good a Servant the said Earl had been unto him and how Active in his Affairs as will best appear by a Dispatch of Sir Francis Nethersole written all with his own hand to Sir George Calvert dated in Prague August 11. 1620 and sent by his late Majesty to the said Earl for his comfort being as followeth Right Honorable THat you may be the better assured that I have neither forgotten nor neglected the Commandments received from his Majesty by your Honor you will be pleased to have the patience to hear me report what I said to this King upon the delivery of my Lord Deputies Letters to his Majesty which was That the King my Master whose Iustice is so renowned over the World did use to shew it in nothing more then in vindicating his Servants from wrongfull Opinions whereof he knew noble hearts more sensible then of Injuries done to their Persons or Fortunes That out of his Royal Disposition his Majesty having found my Lord Digby mistaken by some of his own people at home by occasion of his being by him employed in the Affairs with Spain having thereupon conceived a jealousie that the same noble Lord might be also misreported hitherto his Majesties hands in that respect gave me a particular commandment to assure his Majesty he had not a more truly affectionate Servant in England And for proof thereof to let his Majesty understand That whereas the Baron of Doncaster now his Majesties Ambassador for England had since his coming hither obtained but three great Boons for his Majesties service viz. The Loan of Money from the King of Denmark the Contribution in England of the City and Countries and the sending Ambassadors to the contrary parties that my Lord Digby had been the first propounder of all those to the King my Master before his Majesties Ambassador or any other of his servants in England although his Lordship were contented that others who were but set on should carry away the thanks and prayers because his Lordship being known to be the first mover therein might possibly weaken the credit he hath in Spain and to render himself the more valuable to serve both his own Master and his Majesty in which respect I humbly prayed his Majesty to keep this to himself By which testimony it may appear as the said Earl conceiveth how he the said Earl bestowed himself before his Ambassage and in his said Ambassage with his said late Majesties approbation thereof Now he humbly craveth leave to give your Lordships accompt how he proceeded after his return from the Emperors Court Assoon as he came into England he discovered unto his Majesty and the Lords of the Councel in what great wants he had left the Forces in the Palatinate and sollicited the present sending away of money thereupon Thirty thousand pound was borrowed of Sir Peter Vanlore Sir Baptist Hicks and Sir William Cortine and presently sent unto the Palatinate besides the Ten thousand pounds which he lent for which he paid the interest out of his Purse for six moneths having also given not long before Five hundred pounds by way of benevolence to the service of the said Palatinate Now in the interim betwixt his return from the English Coasts which was in November 1621 and his going into Spain in May 1622 he first gave his Accompt as aforesaid of his Ambassage to both Houses of Parliament and moved them as effectually as was possible for the supplying of his Majesty and that the money might wholly be imployed for the Succor of the Palatinate The Parliament being dissolved he sollicited with great care and industry the setling of some Course for the supplying of the Palatinate and his Majesty was perswaded to maintain Eight thousand Foot and Sixteen hundred Horse under his own Standard and at his own purse in the Palatinate to establish a certain course for due payment of the said Army The Lord Chichester was upon the said Earls motion sent for out of Ireland and the said Earl by his Majesties command took order for his Dispatch In this estate the said Earl left his Affairs at his departure towards Spain in May 1622 nothing doubting but that all things would have effectually constantly been pursued according to the order which was setled and resolved on at his departure At his arrival at the Court of Spain he presently proceeded according to his Instructions pressing the business of the Palatinate as effectually as he could and faithfully labored and effected from time to time as far as to the point of Negotiation all particulars that were given him in charge as it will appear by his late Majesties Letters upon every particular occasion and if by the accidents of War for that Summer the Marquess of Baden the Count Mansfield and the Duke of Brunswick received each of them an overthrow the ordering of whose Affairs his Majesty so far complained of to his Son-in-law as to give order for the withdrawing of his Forces as will appear by his Majesties Letters on the third of Iune 1622 and also by his Letters unto Sir Horace Vere and the Lord of Chichester of the same date if there were not a speedy redress if by any of those accidents those businesses have miscarried the said Earl hopes he shall not be liable to the blame it having no relation to him or to his imployment having so far and so honestly with his best affections imployed his care and utmost services in the businesses as his Majesty was pleased by many several Letters upon several Actions to signifie
complained of and what punishment it may deserve His fault consisteth in the unjust extorting and receiving the Ten thousand pounds from the East-India Company against their wills by colour of his Office Yet as offenders in this kinde have commonly some colour to disguise and mask their Corruptions so had he His colour was the Release of his pretended right to the Tenth part or some other share of the Goods supposed to be Piratically taken at Sea by the Captain and their Servants of the Company And though his Lordship may perhaps call his act therein a lawful Composition I must crave pardon of your Lordships to say thus That if his supposed right had been good this might peradventure have been a fair Composition The same pretence being unsound and falling away it was a meer naked Bribe and unjust extortion For if way should be given to take money by colour of Releases of pretended rights men great in power and in evil would never want means to extort upon the meaner sort at their pleasures with impunity It remains therefore that I should prove unto your Lordships onely two things First That a pretence of right by the Duke if he had none will not excuse him in this case and in the next place to shew by reason and good warrant That he had in Law no right at all to Release For the former I will relie upon the substance of two noteable presidents of Judgments in Parliament the one antient in the 10 Rich. 2. At which time the Commons preferred divers Articles unto the Lords in Parliament against Michael de la Pool Earl of Suffolk Lord Chancellor of England accusing him amongst other things by the first Article of his Charge That while he was Lord Chancellor he had refused to give Livery to the cheif Master of St. Anthonies of the profit pertaining to that Order till he had security from them with Sureties by Recognisance of Three thousand pounds for the payment of One hundred pounds per annum to the Earl and to Iohn his Son for their lives The Earl by way of Answer set forth a pretended Title in his Son to the cheif Mastership of that Order and that he took that One hundred pound per annum as a Composition for his Sons right The Commons replied shewing amongst other things That the taking of Money for that which should have been done freely was a selling of the Law and so prayed Judgment In conclusion the pretended right of his Son not being just or approved the offence remained single by it self a sale of Law and Justice as the Law termeth it and not a Composition for the Release of his Interest So the Earl for this amongst the rest was sentenced and greatly punished as by the Records appeareth The other President of like nature is more Modern in the Case of the Earl of Middlesex late Lord Treasurer of England who was charged by the Commons in Parliament and transmitted to your Lordships for taking of Five hundred pounds of the Farmers of the Great Customs as a Bribe for allowing of that Security for payment of their Rent to the late Kings Majesty which without such reward of Five hundred pounds he had formerly refused to allow of The Earl pretended for himself That he had not onely that Five hundred pound but Five hundred pounds more in all One thousand pounds of those Farmers for a Release of his Claim to Four of Two and thirty parts of that Farm But upon the proof it appearing to your Lordships That he had not any such part of that Farm as he pretended it was in the Thirteenth day of May in the Two and twentieth year of his late Majesties reign Adjudged by your Lordships in Parliament which I think is yet fresh in your Memories That the Earl for this amongst other things should undergo many grievous Censures as appeareth by the Records of your Lordships house which I have lately seen and perused And now being to prove that the said Duke had no title to any part of the Goods by him claimed against the East-India Company I shall easily make it manifest if his Lordships pretence by his own Allegation in the Admiralty were true That the Goods whereof he claims his share were Piratically taken From which Allegation as he may not now recede so is it clear by Reason and Authority That of such Goods no part or share whatsoever is due to the Lord Admiral in right of his Office or otherways 1. For that the parties from whom the same were taken ought to have restitution demanding it in due and reasonable time and it were an injury to the intercourse and Law of Nations if the contrary should be any way tolerated 2. Secondly by Law for so are the Statutes of this Kingdom and more especially in 27 Edw. 3.13 whereby it was provided That if any Merchant privy or stranger be robbed of his Goods upon the Sea and the same come afterwards into this Realm the owner shall be received to prove such Goods to be his and upon proof thereof shall have the same restored to him again Likewise 1 2 3 Edw. 6.18 in the Act of Parliament touching Sir Thomas Seymour Great Admiral of England who therein amongst divers other things is charged with this That he had taken to his own use Goods Piratically taken against the Law whereby he moved almost all Christian Princes to conceive a grudge and displeasure and by open War to seek remedy by their own hands And therefore for this amongst other things he was attainted of High Treason as appeareth by that Act wherein the Law is so declared to be as before is expressed But if it should be admitted that the Duke had a right in this case for which he might compound yet the manner of his seeking to try and recover such his right is in it self an high Offence and clearly unlawful in many respects whereof I will touch but a few As in making the most Honorable House of Parliament an Instrument to effect his private ends for his profit In proceeding to arest and stay the Ships of men not apt to flie but well able to answer and satisfie any just Suits which he might have against them though their Ships had gone on in their Voyage In prosecuting things so unseasonably and urging them so extreamly by his Advocate for bringing in of so great a sum of money upon the sudden and formally under colour of Justice and Service of the State In reducing that Company into that straight and necessity that it was as good for them to compound though the Duke had no title as to defend their own just right against him upon these disadvantages which by his power and industry he had put upon them Then he read the Seventh and Eighth Articles which he handled joyntly as being not two Charges but two sevearl parts of one and the same Charge and when he had read them he went on speaking further to
readiness for circumvention and surprisal of the Owners Captains and Masters of the said Ships then and not before they were suddenly pressed to Seal the Countreparts of the prepared Articles and they were about the same time released and discharged from the Imprest of his Majesties Service and acquainted and designed to serve the French King the said three moneths pay being offered and afterwards paid unto them before-hand as a bait to draw on and intangle them in the business Nevertheless the Captains and Owners of the said Merchants Ships doubted upon some points to wit first Against whom they should be employed secondly What Foreign power they should be bound to take into their Ships and thirdly What sufficient security they should have for their freight and redelivery of their Ships But there were private Instructions given to Captain Iohn Pennington Captain of the Kings Ship the Vauntguard as for him and the whole Fleet that he should observe the first Instructions to wit Not to serve against those of the Religion and to take into his Ship no more Frenchmen then they could master The pretence for Genoa and these private Instruments for Pennington were but a further Artifice of the Dukes to draw the Ships into France and to conceal the breaking forth of the matter here in England And the more to endear them and confirm them in an opinion of right intention they were commanded to conceal these private Instructions as if the Duke and his Agents hast trusted them more then they did the Ambassadors By these and other like cunning and undue proceedings of the said Duke the said Marquis d' Effiat sealed one part and the Owners of the said Merchants ships respectively sealed the other parts of the said pretended Articles trusting they should not be bound to the strict performance thereof by reason of the said private Instructions to the contrâ—â— After the passing of these Articles the said ships being formerly ready the said Duke May 8. 1625. made a Warrant under the Great-Seal to call the Companies aboard which had been raised and fitted for the said French service according to former Instructions and with first opportunity to go to such Port as the French Ambassador should direct c. there to expect Directions of the Party that should be Admiral of the said Fleet so prepared with a requiry of all Officers to be assistant hereunto All things being now in readiness Captain Pennington being Admiral of this whole Fleet in May 1625. went with the Kings said ship the Vantguard and the seven Merchants ships aforesaid to Diep in France There instantly the Duke of Memorancy Admiral of France would have put Two hundred French Souldiers aboard the ship called the Industry being no more men then she could stow but a far greater proportion of men then her proper Company was able to command or master and offered also to do the like to every one of the said ships telling the said Captain Pennington and other the said English Captains and Owners and their Companies in direct tearms that they were to go and should go to serve against the City and Inhabitants of Rochel and against those of our Religion whereunto they all shewing themselves unwilling there were Chains of Gold and other Rewards offered unto some of the Captains Masters and Owners to induce them All which they utterly refused protesting unanimously against the Design and would not take in above a fit number of men such as they might be able to command Also the Company of the Kings ship did there inform Captain Pennington of this Overture made to go against Rochel and exhibited a Petition to him against the same subscribing their names to the Petition in a Circle or Compass that it might not appear who was the beginner of the same and then they laid it under his Prayer-Book where he found and read it Whereupon Captain Pennington and the rest consulted more seriously of the matter and by a general assent returned all back to the Downs where they arrived about the end of Iune or beginning of Iuly 1625. From thence Captain Pennington sent a Letter to the Duke of Buckingham by one Ingram with the said Petition and imployed him to become a Suitor to get a discharge from serving against Rochel Ingram delivered the Letter to the Duke and saw him read it together with the said Petition whereby as by other former and later means he had full notice of the Design and intent of the French to go against the Rochellors Iames Moyer also about the same time came to the Court and had conference with my Lord Conway and Sir Iohn Cook now Secretary acquainting them what had passed at Diep praying them to acquaint the Duke which they did and the Duke delivered the said Letter and Petition to Sir Iohn Cook The Duke of Chevereux and Monsieur de Villocleer being now come into England as extraordinary Ambassadors from the French King they and the said Marquis d' Effiat more especially d' Effiat sollicited and got a Letter from the Lord Conway by the Dukes means dated Iuly 1O 1625 directed to Captain Pennington whereby he took upon him to express and signifie his Majesties pleasure to be That his Majesty had left the command of the ships to the French King and that now Captain Pennington should receive into them so many men as that King should please for the time contracted and recommended his Letter to be as a sufficient Warrant in that 〈◊〉 All this while the King or Body of the Council were never made acquainted with any other design then that of Genoa nor heard any thing of the passages at Diep nor of the design for Rochel nor of our Masters Companies Petitions Informations or Complaints thereupon This Letter of the Lord Conways was sent by Parker from Hampton-Court unto Pennington being now about the Downs and was not long after delivered into his hands About this time Monsieur de la Touche and others as from the Duke de Rohan and others of the Protestant party in France sollicited our King and Council against the going of the ships and had good words and hopes from both but from the Duke the contrary who told them the King his Master was obliged and so the ships must and should go The ships remained still in the Downs and afterwards viz. about Iuly 15. 1625. there was a Treaty at Rochester between the three Ambassadors Extraordinary of France and Iames Moyer and Anthony Touchin for themselves and other English Captains and Masters of ships c. The said Moyer and Touchin being by Message commanded to attend the Duke of Buckingham at Rochester for conclusion and settlement to be had of this business the said Ambassadors did there proffer and offer to the said Moyer and Touchin an Instrument in French purporting thus viz. 1. That the said English Captains and their Companies should consent and promise to serve the French King against all none excepted but
memory did procure of the said King the Office of High Treasurer of England to the Lord Vicount M. now Earl of M. Which Office at his procurement was given and granted accordingly to the Lord Vicount M. And as a Reward for the said procurement of the same Grant he the said Duke did then receive to his own use of and from the said Lord Vicount M. the sum of 20000 l. of lawful money of England And also in or about the moneth of Ianuary in the sixteenth year of the Reign of the said late King did procure of the said late King of famous memory the Office of Master of the Wards and Liveries to and for Sir L. C. afterward Earl of M. which Office was upon the same procurement given and granted to the said Sir L.C. And as a reward for the same procurement he the said Duke had to his own use or to the use of some other person by him appointed of the said Sir L.C. the sum of Six thousand pounds of lawful money of England contrary to the Dignity of our Soveraign Lord the King and against the duty that should have been performed by the said Duke unto him These as also the Eleventh Article were enlarged and aggravated by Mr. Pym in this manner My Lords ALthough I know that I shall speak to my own disadvantage yet I shall labor to speak with as little disadvantage to the matter as I can I have no learning or ornament whereby I might shew my self and I shall think it enough plainly to shew the matter For all that I aim at is that I may lose nothing of the Cause And therefore my Lords I shall apply my self with as much convenient brevity as one that knows that your Lordships time is much more precious then my words Your Lordships being such Judges as will measure things by true and natural proportions and not by the proportion of the action or expression The first entrance into my service must be reading the Articles My Lords This Charge for matter of Fact is so notorious and apparent that it needs no proof that these Honors have been procured And therefore I will only insist upon the Consequence First I will shew That by this fact the Duke hath committed a great Offence And secondly That this Offence hath produced a great Grievance to the Commonwealth And I will conclude in strengthening the whole by some Presidents of former times that Parliaments have proceeded in that course in which your Lordships are like to proceed First to prove it a fault or an offence I must prove that there was a duty for every fault presupposeth a duty And in this case the first work is to shew that the Duke was bound to do otherwise For which I need to alleage nothing else then that he is a sworne Servant and Counsellor to the King and so ought to have preferred his Majesties honor and service before his own pride in seeking to Ennoble all that Blood that concerned him And it is not enough to say that it is not questionable For there have been Great men questioned in the like cases There be some Laws made that are particular according to the temper and occasions of several States There are other Laws that be coessential and collateral with Government and if those Laws be broken all things run to disorder and confusion Such is that Rule observed in all States of suppressing Vice to encourage Vertue by apt Punishment and Rewards And this the fittest Law to insist upon in a Court of Parliament when the Proceedings are not limited either by the Civil or Common Laws but matters are adjudged according as they stand in opposition or conformity with that which is suprema lex Salus populi 2. By this late Law whoever moves the King to bestow Honor which is the greatest reward binds himself to make good a double proportion of Merit in that Party who is to receive it The first of value and excellence the second of continuance and durableness And as this Honor sets men up above others so they should be eminent in vertue beyond others As it is perpetual not ending with their persons but descending upon their posterity so there ought to be in the first root of this Honor some such active merit in the service of the Commonwealth as might transmit a vigorous Example to his Successors whereby they may be raised to an Imitation of the like Vertues He said he would for bear to urge this point further out of a modest respect to those persons whom it did collaterally concern professing his Charge to be wholly against the Duke of Buckingham 3. From the consideration of Honor together with the price of Money The which being compared together may be reduced to two heads may it please your Lordships The one being earthly and base may be bought with a proportionable price of white and red earth Gold and Silver The other which is spiritual which is sublime to which Money cannot be a proportionable price Honor is transcendent in regard it was held a sacred and divine thing insomuch that there was a Temple dedicated to her by the Romans And so I conclude by prescription that Honor is a divine thing for the Scripture calls Kings Gods and then those that are about Kings must needs be resembled to those Powers and Principalities that attend next to the Throne And if Honor be such a divine thing it must not then be bought with so base a price as Money 4. Lastly Honor is a Publick thing it is the reward of Publick Deserts And thus your Lordships have seen that the sale of Honor is an offence unnatural against the Law of Nature Now what an offence this is your Lordships may discern considering the kinds of the offence and the Adjuncts which I now fall upon 1. It extremely deâ—lowers the Flowers of the Crown for it makes them cheap to all beholders 2. It takes from the Crown the most fair and frugal Reward of deserving Servants For when Honor comes to be at so mean a rate as to be sold there is no Great man will look after it 3. It is the way to make a man more studious for lucre and gain then of sufficiencie in Vertue when they know that they shall be preferred to Titles of Honor according to the heaviness of purse and not for the weightiness of their merit 4. It introduceth a strange confusion mingling the meaner with the more pure and refined metal 5. Lastly It is a prodigious scandal to this Nation as the House of Commons think For Examples and Presidents I am confident there are none and your Lordships can look for none because it is not parallel'd to any President But certainly it is now a fit time to make a President of this man this great Duke that hath been lately raised to this transcendent height in our Sphere who thinketh he cannot shine enough unless he dim your Lordships Honors in
see them earthed before me My Answer to the several points in Charge I shall crave leave to deliver in brief and in form of Law but as naked as truth loves to be and so I leave my self and my cause to your Lordships Justice The humble Answer and Plea of George Duke of Buckingham to the Declaration and Impeachment made against him before your Lordships by the Commons House of Parliament THe said Duke of Buckingham being accused and sought to be impeached before your Lordships of the many Misdemeanors Misprisions Offences and Crimes wherewith he is charged by the Commons House of Parliament and which are comprised in the Articles preferred against him and were aggravated by those whose service was used by that House in the delivery of them Doth finde in himself an unexpressible pressure of deep and hearty sorrow that so great and so worthy a Body should have him suspected of those things which are objected against him whereas had that Honorable House first known the very truth of those particulars whereof they had not there the means to be rightly informed he is well assured in their own true judgments they would have forborn to have charged him therewith The Charge touching Plurity of Offices To the first which concerneth Plurality of Offices which he holdeth he answereth thus That it is true that he holdeth those several Places and Offices which are enumerated in the preamble of his Charge whereof onely three are worthy the name of Offices viz. The Admiralty the Wardenship of the Cinque Ports and Mastership of the Horse the other are rather titulary and additions of Honor. For these Offices he humbly and freely acknowledgeth the bounty and goodness of his most Gratious Master who is with God who when he had cast an Eye of Favor upon him and had taken him into a more near place of service about his Royal Person was more willing to multiply his Graces and Favors upon him then the Duke was forward to ask them and for the most part as many honorable persons and his now most Excellent Majesty above all others can best testifie did prevent the very desires of the Duke in asking And all these particular places he can and doth truly affirm his late Majesty did bestow them of his own Royal motion except the Wardenship of the Cinque Ports onely and thereto also he gave his approbation and encouragement And the Duke denieth that he obtained these places either to satisfie his exorbitant ambition or his own profit or advantage as is objected against him And he hopeth he shall give good satisfaction to the contrary in his particular Answers ensuing touching the manner of his obtaining the places of the Admiralty and the Wardenship of the Cinque Ports whereunto he humbly desireth to refer himself And for the Mastership of the Horse to his Majesty he saith it is a meer domestick office of attendance upon the Kings person whereby he receiveth some profit yet but as a conveniency to render him more sit for his continual attendance and in that place the times compared he hath retrenched the Kings annual charge to a considerable value as shall be made apparent And for the number of places he holdeth he saith That if the Commonwealth doth not suffer thereby he hopeth he may without blame receive and retain that which the liberal and bountiful hand of his Master hath freely conferred upon him And it is not without many Presidents both in Antient and Modern times That one man eminent in the esteem of his Soveraign hath at one time held as great and as many Offices But when it shall be discerned That he shall falsly or corruptly execute those places or any of them or that the Publick shall suffer thereby he is so thankful for what he hath freely received that whensoever his Gratious Master shall require it without disputing with his Soveraign he will readily lay down at his Royal Feet not onely his Places and Offices but his whole Fortunes and his life to do him service But the integrity of his own Heart and Conscience being the most able and most impartial witnesses not accusing him of the least thought of disloyalty to his Soveraign or to his Country doth raise his spirits again to make his just defence before your Lordships of whose Wisdom Justice and Honor he is so well assured That he doth with confidence and yet with all humbleness submit himself and his cause to your Examinations and Judgments before whom he shall with all sincerity and clearness unfold and lay open the secrets of his own actions and of his heart and in his Answer shall not affirm the least Substantial and as near as he can the least Circumstantial point which he doth not believe he shall clearly prove before your Lordships The Charge consisteth of Thirteen several Articles whereunto the Duke saving to himself the usual benefit of not being prejudiced by any words or want of form in his Answer but that he may be admitted to make further explanation and proof as there shall be occasion and saving to him all Priviledges and Rights belonging to him as one of the Peers of the Realm doth make these several and distinct Answers following in the same order they are laid down unto him For his buying of the Admirals place the said Duke maketh this clear and true Answer That it is true that in Ianuary in the Sixteenth year of his late Majesties Raign his late Majesty did by his Letters Patents under the Great Seal of England grant unto the Duke the Office of Admiralty for his life which Grant as he well knoweth it was made freely and without any Contract or Bargain with the late Lord Admiral or any other and upon the voluntary Surrender of that Noble and wel-deserving Lord so he is advised it will appear to be free from any defect in Law by reason of the Statute of 5 Edw. 6. mentioned in this Article of his Charge or for any other cause whatsoever For he saith the true manner of his obtaining this Office and of all the passages thereof which he is ready to make good by Proof was thus That Honorable Lord the late Earl of Nottingham the Lord Admiral being grown much in years and finding that he was not then so able to perform that which appertained to his place as in former times he had done to his great Honor and fearing lest his Majesties service and the Commonwealth might suffer by his defect became an humble and earnest Petitioner to his late Majesty to admit him to surrender his Office His late Majesty was at the first unwilling unto it out of his Royal Affection to his Person and true Judgment of his worth But the Earl renewed his Petitions and in some of them nominated the Duke to be his Successor without the Dukes privity or fore-thought of it And about that time a Gentleman of good place about the Navy and of long experience
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
and written divers Books and know very well what appertaineth to the Schools This is a new kinde of Learning unto me I have formerly found fault that the Author of this Sermon quoteth not the places whereupon he grounds his Doctrine and when I have oft called for them it is replied unto me that I must take them upon the credit of the Writer which I dare not do for I have searched but one place which he quoted in general but sets down neither the words nor the Treatise nor the Chapter and I finde nothing to the purpose for which it is quoted and therefore I have reason to suspect all the rest I pray you therefore in the humblest manner to commend my service to the King my Master and let him know that unless I may have all the Quotations set down that I may examine them and may have that writing wherein I am so ill used I cannot allow the Book Before I go further it shall not be amiss to touch some particulars of that which I sent in writing to the King The first was Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative To this Mr. Murrey said The King doth not plead it But my Reply was By what then doth he coerce those Refractories for I have not heard of any Law whereby they are imprisoned and therefore I must take it to be by the Kings Prerogative To the second Page 8. The Kings duty is first to direct and make Laws There is no Law made till the King assent unto it but if it be put simply to make Laws it will cause much startling at it To this I remember not any material thing answered neither to the third Page 10. If nothing may excuse from active obedience but what is against the Law of God or of Nature or impossible How doth this agree with the first Fundamental Position Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live This is a fourth Case of Exception And here before I go to the rest the Doctor did truly hit upon a good point in looking to the Laws and Customs if he could have kept him to it for in my memory and in the remembrance of many Lords and others that now live Doctor Haresenet the then Bishop of Chichester and now of Norwich in Parliament time Preached a Sermon at Whitehal which was afterward burned upon the Text Give unto Caesar the things that be Caesars Wherein he insisted That Goods and Money were Caesars and therefore they were not to be denied unto him At this time when the whole Parliament took main offence thereat King Iames was constrained to call the Lords and Commons into the Banqueting-house at Whitehal and there his Majesty calmed all by saying The Bishop onely failed in this when he said the Goods were Caesars he did not adde They were his according to the Laws and Customs of the Countrey wherein they did live So moderate was our Caesar then as I my self saw and heard being then an eye and ear witness for I was then Bishop of London To the fourth The Poll-Money in St. Matthew was imposed by the Emperor as a Conqueror over the Iews and the execution of it in England although it was by a Law produced a terrible effect in King Richard the Second's time when onely it was used for ought that appeareth Here the Bishop in the Paper excepted divers things as That sometimes among us by Act of Parliament strangers are appointed to pay by the Poll which agreeth not with the Case and that it was not well to bring examples out of weak times whereas we live in better but that it was a marvelous fault the blame was not laid upon the Rebels of that Age. Those are such poor things that they are not worth the answering But my Objection in truth prevailed so far that in the Printed Book it was qualified thus Poll-Money other persons and upon some occasions where obiter I may observe That my refusing to sign the Sermon is not to be judged by the Printed Book for many things are altred in one which were in the other To the fifth Page 12. It is in the bottome view the Reign of Henry the Third whether it be fit to give such allowance to the Book being surreptiously put out To this it was said That being a good passage out of a blame-worthy Book there was no harm in it But before the Question of Sibthorps Treatise the Bishop of Bathe himself being with me found much fault with that Treatise as being put out for a scandalous Parallel of those times To the sixth in the same Page Let the largeness of those words be well considered Yea all Antiquity to be absolutely for absolute Obedience to Princes in all Civil or Temporal things For such Cases as Naboths Vineyard may fall within this Here the Bishop was as a man in a rage and said That it was an odious comparison for it must suppose that there must be an Ahab and there must be a Iezabel and I cannot tell what But I am sure my Exception standeth true and reviling and railing doth not satisfie my Argument All Antiquity taketh the Scripture into it and if I had allowed that proportion for good I had been justly beaten with my own Rod. If the King the next day had commanded me to send him all the Money and Goods I had I must by mine own rule have obeyed him and if he had commanded the like to all the Clergy-men in England by Doctor Sibthorps proportion and my Lord of Canterburies allowing of the same they must have sent in all and left their Wives and Children in a miserable case Yea the words extend so far and are so absolutely delivered That by this Divinity if the King should send to the City of London and the Inhabitants thereof commanding them to give unto him all the wealth which they have they were bound to do it I know our King is so gratious that he will attempt no such matter but if he do it not the defect is not in these flattering Divines who if they were called to question for such Doctrine they would scarce be able to abide it There is a Meum and a Tuum in Christian Commonwealths and according to Laws and Customs Princes may dispose of it that saying being true Ad Reges potestas omnium pertinet ad singulos proprietas To the seventh Page 14. Pius Quintus was dead before the year One thousand five hundred and eighty They make no Reply but mend it in the Printed Book changing it into Gregory the Thirteenth To the last in the same Page weigh it well How this Loan may be called a Tribute and when it is said We are promised shall not be immoderately imposed How that agreeth with his Majesties Commission and Proclamation which are quoted in the Margent
the Queen should commend unto him and make some suit on his behalf That if the Queen afterwards being ill intreated should complain of this Dear one he might make his answer It is long of your self for you were the Party that commended him unto me Our old Master took delight strangely in things of this nature That Noble Queen who now resteth in Heaven knew her Husband well and having been bitten with Favorites both in England and Scotland was very shie to adventure upon this request King Iames in the mean time more and more loathed Somerset and did not much conceal it that his affection increased towards the other But the Queen would not come to it albeit divers Lords whereof some are dead and some yet living did earnestly sollicit her Majesty thereunto When it would not do I was very much moved to put to my helping hand they knowing that Queen Anne was graciously pleased to give me more credit then ordinary which all her Attendants knew she continued to the time of her death I laboured much but could not prevail The Queen oft saying to me My Lord You and the rest of your Friends know not what you do I know your Master better then you all For if this Young man be once brought in the first persons that he will plague must be you that labor for him yea I shall have my part also The King will teach him to despise and hardly intreat us all that he may seem to be beholden to none but himself Noble Queen how like a Prophetess or Oracle did you speak Notwithstanding this we were still instant telling her Majesty that the Change would be for the better For George was of a good nature which the other was not And if he should degenerate yet it would be a long time before he were able to attain to that height of evil which the other had In the end upon importunity Queen Anne condescended and so pressed it with the King that he assented thereunto Which was so stricken while the Iron was hot that in the Queens Bed-chamber the King Knighted him with the Rapier which the Prince did wear And when the King gave order to swear him of the Bed-chamber Somerset who was near importuned the King with a message that he might be only sworne a Groom But my self and others that were at the door sent to her Majesty that she would perfect her work and cause him to be sworne a Gentleman of the Chamber There is a Lord or two living that had a hand in this atchievement I diminish nothing of their praise for so happy a work But I know my own part best and in the word of an honest man I have reported nothing but truth George went in with the King but no sooner he got loose but he came forth unto me into the Privy-gallery and there embraced me He professed that he was so infinitely bound unto me that all his life long he must honor me as his Father And now he did beseech me that I would give him some lessons how â—e should carry himself When he earnestly followed this chace I told him I would give him three short lessons if he would learn them The first was That daily upon his knees he should pray to God to bless the King his Master and to give him George grace studiously to serve and please him The second was That he should do all good offices between the King and the Queen and between the King and the Prince The third was That he should fill his Masters ears with nothing but Truth I made him repeat these three things unto me and then I would have him to acquaint the King with them and so tell me when I met him again what the King said unto him He promised me he would and the morrow after Mr. Tho. Murrey the Princes Tutor and I standing together in the Gallery at Whitehall Sir Geo. Villeirs coming forth and drawing to us he told Mr. Murrey how much he was beholden unto me and that I had given him certain Instructions which I prayed him to rehearse as indifferently well he did before us yea and that he had acquainted the King with them who said They were Instructions worthy of an Archbishop to give to a Young man His countenance of thankfulness for a few days continued but not long either to me or any other his Welwishers The Roman Historian Tacitus hath somewhere a note That benefits while they may be requited seem courtesies but when they are so high that they cannot be repaid they prove matters of hatred Thus to lie by me to quicken my remembrance I have laid down the Cause and the Proceedings of my sending into Kent where I remain at the writing of this Treatise Praying God to bless and guide our King aright To continue the prosperity and welfare of this Kingdom which at this time is shrewdly shaken To send good and worthy men to be Governors of our Church To prosper my mind and body that I may do nothing that may give a wound to my Conscience and then to send me patience quietly to endure whatsoever his Divine Majesty shall be pleased to lay upon me Da quod jubes jube quod vis And in the end to give me such a happy deliverance either in life or death as may be most for his glory and for the wholsom example of others who look much on the Actions and Passions of Men of my Place AMong those many Gentlemen who were imprisoned throughout England for refusing to lend upon the Commission for Loans only Five of them brought their Habeas Corpus viz. Sir Thomas Darnell Sir Iohn Corbet Sir Walter Earl Sir Iohn Heveningham Sir Edward Hampden In Michaelmas Term 3 Caroli a Return was made of their several Commitments To instance only in one all the rest being in the same form The Warden of the Fleet made this Return That Sir Walter Earl Knight named in the Writ is detained in the Prison of the Fleet in his Custody by special Command of the King to him signified by Warrant of several of the Privy-Council in these words Whereas Sir Walter Earl Knight was heretofore committed to your Custody These are to will and require you still to detain him letting you know that both his first Commitment and direction for the continuance of him in Prison were and are by his Majesties special commandment From Whitehall Novemb. 7. 1627. Tho. Coventry c. Sir Thomas Darnell was the first that was brought to the Bar upon that Writ where the Kings Attorney-General Sir Robert Heath did inform the Court that his Majesty told him He heard that some of the imprisoned Gentlemen for the Loan did report That the King did deny them the Course of Justice And therefore his Majesty commanded him to renew the Writ of Habeas Corpus lest they should not move for another themselves by reason the Warden of the Fleet had not returned the first according
get them to a Rendevouz and when they were come to a Rendevouz and he ready to set sail with the whole Fleet the winds proved contrary But some of the chief Commanders when they came into England spake somwhat loudly of other miscarriages at Rhee pleading much on the behalf of the Council of War And now when the unfortunate Action of Rhee was known and published throughout the Nation the cry of the People was so great and the Kings necessities so pressing that it was in every mans mouth A Parliament must needs be summoned For we have now provoked two potent neigbor Kings and near Enemies our Coasts and Ports were unguarded our able Commanders worne away or not imployed The Mariners come in multitudes to the Court at Whitehall in great disorder and confusion crying out for Pay and much ado there was to appease them The Enemies come into our Harbors survey our Rivers and the Fishermen can scarce look out A vast number of our Ships have been lost and taken in the three years past and the Merchants cease to build more because they were prest for the Kings service at a low rate and not paid and the Mariners flee from their own imployment fearing to be prest again And our Enemies grow upon us especially in the Eastern Countries We give you here a brief Account of such Arrearages as were behind and unpaid for Freight of Ships Seamens Wages and Materials for Shipping in the Years 1625 1626 1627. FOr freight of Merchants and Newcastle-Ships imployed in his Majesties service and for several Bills of provisions yet unpaid in the years 1625 1626 according to the former Estimates Privy-seals passed for the same l. 60000 s. 00 d. 00 For the freight of sundry Merchants and Newcastle-ships imployed in his Majesties service to the Isle of Rhee and other places in the year 1627 19560 12 04 For Seamens wages in the same year 1627 ending the last of this moneth 61957 19 08 The repairing of the Hulls Masts of the said Ships to make them fit only for imployment in the Narrow-Seas together with repair and for setting forth of the Nostredame and Sea-waller two Prise-ships 05761 10 04 For repairing the said Ships mentioned in the margin for their Hulls Masts c. at 1000 marks apeece 08000 00 00 For supply of 700 Tuns of Cordage taken out of his Majesties Stores for furnishing to Sea of several Fleets at 26 l. 13 s. 4 d. per Tun being demanded upon several Estimates to be made good at the end of each service and yet unpaid 18666 13 04 Besides these Arrears there were Demands made by the Navy for supplying the Stores with Mast Timber Plank Deal Sales Ropes Tar Tallow Iron Anchors c. the Sum of 26000 00 00 The Rochellers after the Dukes arrival in England sent their Deputies to his Majesty for succor and relief in their distressed condition and presented their Desires in nature of a Remonstrance to the King and the Lords of the Council wherein they gave his Majesty most humble thanks for the great assistance and comfort they had received by the Fleet sent in Iuly last whereof the Duke of Buckingham was Admiral which would have been of greater assistance unto them had the season of the year permitted their stay longer there or that the supply of Victuals and Ammunition had come unto them which his Majesty had assigned That they are given to understand that there is application made to the King of Denmark to propound the making of a Peace between the two Crowns of England and France a thing to be wished if really intended But the Proceedings of France with the Reformed Churches there hath hitherto been such as when they spake most fair and nothing but Peace uttered nothing less was intended and great advantages thereby have been taken against the Reformed Churches But in case the Treaty do proceed they humbly prayed that then his Majesty will be pleased to insist upon the Capitulation which was made upon his mediation and for which he passed his word that the Reformed Churches should perform on their part which they kept inviolable till there were Forces placed and kept in Forts against them contrary to Capitulation and more Forces drawn down in order to the reduction of the Remonstrants and a Fleet unexpectedly come upon them to destroy their Navigation when nothing on their part was offered in violation of the Treaty They did further remonstrate That now the Forces of France are breaking down apace about them totally to block them up by Land and do intend to make a Barracado cross the Channel leaving a narrow passage for the flux and reflux of the Sea and by that means to stop all manner of Provisions by Sea which evidently remonstrates their further ruine if they with all expedition have not succor and help from his Majesty of Great Britain For their necessities and straits are very great already by reason their Magazines are consumed their monies spent and the Inhabitants reduced to small allowances And therefore do beseech his Majesty with all possible diligence to send them supply of all sorts of Provisions fit for a Siege and to succor them once more with the Navy-Royal to interrupt the blocking up of the River otherwise they are inevitably lost And lastly they did humbly beseech his Majesty and the Lords of his Council to have also so far pity of their indigencie and need as to permit a General Collection to be made in England and Scotland of such persons whom God shall move to contribute to their succor and relief And declare that they are resolved still to hold out hoping yet a Relief would come that might be of advantage unto them and they were assured thereof by the Duke of Buckingham at his departure that he would once more come in person to their assistance In this state of Affairs it is said Sir Robert Gotton being thereunto called presented his Advice to certain Lords of the Council in manner following AS soon as the House of Austria had incorporated it self with Spain and by their new Discoveries gotten to themselves the Wealth of the Indies They began to affect and have ever since pursued a Fifth Monarchy The Emperor Charls would lay the first Foundation of Italy by surprising Rome From this he was thrust by force and respect of Religion Hen. 8. being made Caput Foediris against him He then attempted High-Germany practising by faction and force to reduce them first to Petty States and so to his absolute power In this Hen. 8. again prevented him by laying the Lutheran Princes under this Confederacie and assistance His Son the Second Philip pursued the same Ambition in the Netherlands of Germany by reduction whereof he intended to make his way further into the others This the late Queen of England interrupted by siding with the afflicted people on the one part and making herself the Head of the
lege regerentur And though the Book of Litchfield speaking of the times of the Danes says then Ius sopitum erat in regno leges consuetudines sopitae sunt and prava voluntas vis violentia magis regnabant quam Judicia vel Justitia yet by the blessing of God a good King Edward commonly called St. Edward did awaken those Laws and as the old words are Excitatas reparavit reparatas decoravit decoratas confirmavit which Confirmavit shews that good King Edward did not give those Laws which William the Conqueror and all his Successors since that time have sworn unto And here my Lords by many Cases frequent in our modern Laws strongly concurring with those of the ancient Saxon Kings I might if time were not more precious demonstrate that our Laws and Customs were the same I will onely intreat your Lordships leave to tell you That as we have now even in those Saxon times they had their Court Barons and Court Leets and Sheriffs Courts by which as Tacitus says of the Germanes their Ancestors Iura reddebant per pagos vicos and I do believe as we have now they had their Parliaments where new Laws were made cum consensu Praelatorum Magnatum totius Communitatis or as another writes cum consilio Praelatorum Nobilium sapientium Lâ—icorum I will add nothing out of Glanvile that wrote in the time of Hen. 2. or Bracton that writ in the days of Hen. 3. onely give me leave to cite that of Fortescue the learned Chancellor to Hen. 6. who writing of this Kingdom says Regnum istud moribus nationum regum temporibus eisdem quibus nunc regitur legibus consuetudinibus regebatur But my good Lords as the Poet said of Fame I may say of our Common Law Ingrediturque solo caput inter nubila condit Wherefore the cloudy part being mine I will make haste to open way for your Lordships to hear more certain Arguments and such as go on more sure grounds Be pleased then to know that it is an undoubted and fundamental Point of this so ancient Common Law of England That the Subject hath a true property in his goods and possessions which doth preserve as sacred that meum tuum that is the nurse of Industry and mother of Courage and without which there can be no Justice of which meum tuum is the proper object But the undoubted Birthright of true Subjects hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land and when according to the Laws and Statutes of this Realm redress hath been sought for in a legal way by demanding Habeas Corpus from the Judges and a discharge by trial according to the Law of the Land success hath failed that now inforceth the Commons in this present Parliament assembled to examine by Acts of Parliament Precedents and Reasons the truth of the English Subjects liberty which I shall leave to learned Gentlemen to argue NExt after Sir Dudly Diggs spake Mr. Ed Littleton of the Inner-Temple That their Lordships have heard that the Commons have taken into consideration the matter of personal Liberty and after long debate thereof they have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or restrained in Prison by the command of the King or Privy Councel or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with other of their Members to represent unto your Lordships the true grounds of their resolution and have charged me particularly leaving the reasons of Law and Precedents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and Commons by several Acts of Parliament the Authority whereof is so great that it can receive no Answer save by Interpretation or Repeal by future Statutes And these I shall minde your Lordships of are so direct in the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted in the 17th year of King Iohn and renewed in the 9 tâ— year of Hen. 3. and since confirmed in Parliament above 30. times the words there are Chap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatar nec super eum ibimus nec eum mittemus nisi per legale judicium Parium suorum vel per legem terrae He then proceeded to open and argued learnedly upon the several Particulars in the last recited Clause of Magna Charta and further shewed That no invasion was made upon this personal Liberty till the time of King Ed. 3. which was soon resented by the Subject for in the 5. Ed. 3. Chap. 9. it is enacted That no man from henceforth shall be attached on any occasion nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the Form of the great Charter and the Law of the Land and 25 Edw. 3. Chap. 4. it is more full and doth expound the words of the grand Charter which is thus Whereas it is contained in the grand Charter of the Franchises of England that none shall be Imprisoned nor put out of his Freehold nor free Custom unless it be by the Law of the Land it is awarded assented and established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Councel unless it be by Indictment or Presentment of his good and lawful People of the the same neighborhood which such Deed shall be done in due maner or by process made by Wâ—it original at the common Law nor that none be outed of his Franchises nor Office Freehold unless it be duly brought in Answer and fore-judged of the same by the course of the Law and that if any thing be done against the same it shall be redressed and holden for none and 28 Ed. 3. Chap. 3. it is more direct this Liberty being followed with fresh suit by the Subject where the words are not many but very full and significant That no man of what state and condition he be shall be put out of his Lands nor Tenements nor taken nor imprisoned nor disinherited nor put to death without it be brought in Answer by due process of the Law Several other Statutes were cited by him in confirmation of this point of the Liberty of the Subject The Kings Councel afterward made Objections to the said Argument
and ought not to be denied and is directeâ— to the Keeper of the Prison in whose custody the Prisoner remains commanding him that after a certain day he bring in the body of the Prisoner cum causa detentionis and sometimes cum causa captionis and he with his return filed to the Writ bringeth the Prisoner to the Bar at the time appointed and the Court judgeth of the sufficiency or insufficiency of the retuâ—n and if they finde him baylable committitur Marescallo the proper Prison belongeth to the Court and then afterward traditur in ball But if upon the return of the Habeas Corpus it appear to the Court that the Prisoner ought not to be bayled nor discharged from the Prison whence he is brought then he is remanded and sent back again to continue till by due course of Law he may be delivered and the entâ—y of this is remittitur quousque secundum legem deliberatus fuerit or remittitur quousque c. which is all one and the highest award of Judgement that ever was or can be given upon a Habeas Corpus Your Lordships have heard the resolution of the House of Commons touching the enlargement of a man committed by the command of the King or the privy Councel or any other without cause shewed of such commitment which resolution as it is grounded upon Acts of Parliament already shewen the reason of the Law of the Land being committed to the charge of another to open unto unto you so it is strengthened by many Precedents of Records He then produced twelve Precedents full and directly in the point to prove that persons so committed ought to be delivered upon bayl which were distinctly opened and read to their Lordships then he also offered to their consideration other kind of Precedents which were solemn resolutions of Judges things not of Record but yet remain in Authentick Copies which Precedents and Authorities we omit for the length thereof He then proceeded and said The House of Commons desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the 34. year of the Queen cited in the case of Sir Iohn Heveningham by the Kings Councel as Arguments against his not being bayled have got into their hands a Book of select Cases collected by the reverend and learned Judge Chief Justice Anderson all written with his own hand which he caused to be read being the same which hath been already mentioned in the Collections of this Parliament which Precedents saith he do fully resolve enough for the maintenance of the ancient and fundamental point of Liberty of the Person to be regained by Hab. Corp. when any is imprisoned Then he concluded that having thus gone through the charge committed to him by the House of Commons he should now as he had leave and direction given him lest their Lordships should be put to much trouble and expence of time in finding and getting Copies at large of those things which he had cited offer also to their Lordships Authentick Copies of them all and so left them and whatever else he had said to their Lordships further consideration LAst of all Sir Edward Cook took up the Argument as to the rational part of the Law and began with this Introduction Your Lordships have heard 7. Acts of Parliament in point and 31. Precedents summarily collected and with great understanding delivered which I have perused and understand them all throughly 12. of the Precedents are in terminis terminantibus a whole Jury of Precedents and all in the point I am much transported with joy because of the hope of good success in this weighty business your Lordships being so full of Justice and the very Theme and Subject doth promise success which was Corpus cum cansa the freedom of an English man not to be imprisoned without cause shewn which is my part to shew and the reason and the cause why it should be so wherein I will not be prolix nor copious for to guild Gold were idle and superfluous And after he had cleared some doubts made of the Statute of Westminster which saith That the Sheriffs and others in some cases may not replevin men in Prison he proceeded further and said That all those Arguments offered unto your Lordships in this last conference are of a double nature 1. Acts of Parliament 2. Judicial Precedents For the first I hold it a proper Argument for your Lordships because you my Lords temporal and you my Lords spiritual gave your assent unto those Acts of Parliament and therefore if these cannot perswade you nothing can For the second which are Judicial Precedents it is Argumentum ab authoritate and Argumentum ab authoritate valet affimative that is I conceive though it be no good Argument to say negatively the Judges have given no opinion in the point 3. It is good Law which I fortifie with a strong Axiome Neminem oportet sapientiorem esse legibus Now these two arguments being so well pressed to your Lordships by my Colleagues I think your Lordships may wonder what my part may be it is short but sweet it is the Reason of all those Laws and Precedents and Reason must needs be welcome to all men for all men are not capable of the understanding of the Law but every man is capable of Reason and those Reasons I offer to your Lordships in affirmance of the antient Laws and Precedents made for the Liberty of the Subject against Imprisonment without cause expressed 1. A re ipsa 2. A minore ad majus 3. From the remedies provided 4. From the extent and universality of the same 5. From the infiniteness of the time 6. A Fine The first general Reason is a re ipsa even from the nature of Imprisonment ex visceribus causae for I will speak nothing but ad idem be it close or other Imprisonment and this Argument is three-fold because an imprisoned man upon will and pleasure is 1. A Bond-man 2. Worse then a Bond-man 3. Not so much as a man for mortuus homo non est homo a Prisoner is a dead man 1. No man can be imprisoned upon will and pleasure of any but he that is a Bond-man and villain for that Imprisonment and Bondage are Propria quarto modo to villains now Propria quarto modo and the species are convertible Whosoever is a Bond-man may be imprisoned upon will and pleasure and whosoever may be imprisoned upon will and pleasure is a Bondman 2. If free men of England might be imprisoned at the will and pleasure of the King or his commandment then were they in worse case then Bondmen or villains for the Lord of a villain cannot command another to imprison his villain without cause as of disobedience or refusing to serve as it is agreed in the year books And here he said that no man should reprehend any thing that he said out of Books or Records he said he would prove
Protestation was published in the House viz. Whosoever shall bring in Innovation of Religion or by favour or countenance seek to extend or introduce Popery or Arminianism or other opinion disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom and Commonwealth 2. Whosoever shall counsel or advise the taking and levying of the Subsidies of Tunnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed an Innovator in the Government and Capital Enemy to the Kingdom and Commonwealth 3. If any Merchant or Person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an Enemy to the same Hereupon the King sent for the Sergeant of the House but he was detained the Door being lockt then he sent the Gentleman Usher of the Lords House with a Message and he was refused admittance till the said Votes were read and then in much confusion the House was adjourned to the tenth of March according as it was intimated from his Majesty Nevertheless his Majesty by Proclamation dated the second of March declares the Parliament to be dissolved The passages of this day and the preceding day in Parliament are hereafter more fully related in the proceedings in the Kings Bench. By the King A Proclamation about the dissolving of the Parliament WHereas We for the general good of our Kingdom caused our high Court of Parliament to assemble and meet by prorogation the 20 day of January last past sithence which time the same hath been continued And although in this time by the malevolent dispositions of some ill affected persons of the House of Commons We have had sundry Iust Causes of offence and dislike of their proceedings yet We resolved with patience to trie the uttermost which we the rather did for that We found in that House a great number of sober and grave Persons well-affected to Religion and Government and desirous to preserve unity and peace in all parts of Our Kingdom And therefore having on the five and twentieth day of February last by the uniform advice of our Privy-Council caused both Houses to be adiourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have a happy end and issue And for the same intent We did again this day command the like Adiournment to be made until the tenth day of this Month It hath so happened by the disobedient and seditious carriage of those said ill affected persons of the House of Commons That We and Our Regal Authority and Commandment have been so highly contemned as our Kingly Office cannot bear nor any former age can paralel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament to all others whom it may concern That they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others shall take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to faction and to work disturbance to the peace and good order of Our Kingdom Given at our Court at Whitehal this second day of March in the fourth yeer of Our Reign of Great Britan France and Ireland This Proclamation was not published till after the tenth of March. The day following Warrants were directed from the Council to Denzil Holles Esq Sir Miles Hobert Sir Iohn Elliot Sir Peter Hayman John Selden Esq William Coriton Walter Long William Stroud Benjamin Valentine commanding their personal appearance on the morrow At which time Mr. Holles Sir Iohn Elliot Mr. Corriton Mr. Valentine appearing and refusing to answer out of Parliament what was said and done in Parliament were committed close prisoners to the Tower and Warrants were given the Parliament being still in being for the sealing up of the studies of Mr. Holles Mr. Selden and Sir Iohn Elliot Mr. Long and Mr. Stroud not then nor of some time after appearing a Proclamation issued out for the apprehending of them On the tenth of March being six days after the commitment of the said Members his Majesty being set in his Royal Throne with his Crown on his head and in his Robes and the Lords in their Robes also and divers of the Commons below the Bar but not their Speaker neither were they called his Majesty spake as followeth My Lords I Never came here upon so unpleasant an occasion it being the dissolution of a Parliament therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general maxime of Kings to leave harsh Commands to their Ministers themselves only executing pleasing things yet considering that Iustice as well consists in reward and praise of vertue as punishing of vice I thought it necessary to come here to day and to declare to you and all the world that it was meerly the undutiful and seditious carriage in the Lower House that hath made the dissolution of this Parliament and you My Lords are so far from being any causers of it that I take as much comfort in your dutiful demeanour as I am justly distasted with their proceedings yet to avoyd their mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I knâ—w that there are many there as dutiful Subjects as any in the world it being but some few Vipers among them that did cast this mist of undutifulness over most of their eys yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as those Vipers must look for their reward of punishment so you My Lords must justly expect from me that favour and protection that a good King oweth to his loving and faithful Nobility And now my Lord Keeper Do what I have commanded you Then the Lord Keeper said My Lords and Gentlemen of the House of Commons the Kings Majesty doth dissolve this Parliament Whilst the King is preparing a Declaration of the causes and motives which induced him to dissolve this Parliament let us see what followed hereupon The discontents of the common people upon this Dissolution were heightned against the powerful men at Court and the Kings most inward Counsellors for some few days after two Libels were found in the Dean of Pauls yard one against Bishop Laud to this effect
for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation oâ— the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
the Land had little effect in their execution to the increase of Murders Robberies Perjuries and Insecurities of all men living to the loss of their Lands and Goods to the great displeasure of Almighty GOD It was ordained for Reformation of the Premises by Authority of the said Parliament That the Chancellour and Treasurer of England for the time being and the Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop one Lord temporal of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common pleas for the time being or two other Justices in their absence by Bill or Information exhibited to the Chancellour for the King or any other against any person for any other ill behaviours aforesaid have Authority of calling before them by Writ or Privie-Seal such Malefactors and of examining them and others by their discretion and of punishing such as they finde defective therein according to their demerits according to the form and effect of the Statutes thereof made in the same manner and form as they might and ought to be punished if they were thereof convinced according to the due course of Law And by a certain other Act in the Parliament of the Lord Henry late King of England the eighth held in the one and twentieth year of his reign reciting the offences in the aforesaid Statute of the said late King Henry the seventh beforementioned by Authority of the said Parliament it was and is ordained and enacted That henceforward the Chancellour Treasurer of England and the President of the most honourable Privy-Council of the King attending his most honourable person for the time being and the Lord Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop and one temporal Lord of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common Pleas for the time being or two Justices in their absence by any Bill or Information then after to be exhibited to the Chancellour of England the Treasurer the President of the said most honourable Council of the Lord the King or the Keeper of the Privy-Seal of the Lord the King for the time being for any misdemeanour in the aforesaid Statute of King Henry the seventh aforesaid before recited from henceforth have full power and authority of calling before them by Writ or by Privy-Seal such Malefactors of examining of them and others by their discretion and of punishing those that are found defective according to their demerits According to the form and effect of the said Statute of the aforesaid Lord King Henry the seventh and of all other Statutes thereupon made not revoked and expired in the same manner and form as they might and ought be punished if they were convicted according to the due order of the Laws of the said Lord the king And by the aforesaid Writ under the foot of the great Seal it manifesty appears that the said Fine was imposed by the Lord the king and his Council and not by the Legal Peers of the said Richard Chambers nor by the Law of the Land nor according to the manner of the pretended offence of the said Richard Chambers nor saving unto him his Merchandize nor for any offence mentioned in the said Statutes all and singular the which the said Richard Chambers is ready to verifie to the Court c. and demands judgment and that he be discharge of the said 2000 l. against the said Lord the now King and that as to the premises he may be dismissed from this Court Waterhouse With this Plea he annexed a Petition to the Lord Chief Baron and also to every one of the Barons humbly desiting the filing of the Plea with other Reasons in the manner of a motion at the Bar because he said Counsel would not move plead nor set hand to it as further appeareth The Copy of the Order upon Mr. Atturneys motion in the Exchequer the 17 Iuly 1629. after the Plea put in and order to file it Per the Lord Chief Baron TOuching the Plea put into this Court by Richard Chambers to discharge himself of a â—ine of 2000 l. set on him in the Star-Chamber Forasmuch as Sir Robert Heath Kniâ—â—â— his Majesties Atturney General informed this Court that the said Chambers in his said Plea recites divers Statutes and Magna Charta and what offences are punishable in the Star-Chamber and how the proceedings ought to be and upon the whole matter concludes That the said fine was imposed by the King and his Council and not by a Legal judgment of his Peers nor by the Laws of the Land nor according to the manner of his offence nor saving his Merchandize nor for any offence mentioned in the said Statutes Which Plea Mr. Atturny conceiving to be very frivolous and insufficient and derogatory to the honour and jurisdiction of the Court of Star-Chamber Humbly prayeth might not be allowed of nor filed It is therefore this day ordered That the said Plea shall be read on Saturday next and then upon hearing the Kings Counsel and the Counsel of the said Richard Chambers this Court will-declare their further order therein and in the mean time the said Plea is not to be filed nor delivered out In Michaelmas Term following Mr. Chambers was brought by a Habeas Corpus out of the Fleet and the Warden did return THat he was committed to the Fleet by vertue of a Decree in the Star-Chamber by reason of certain words he used at the Council Table viz. That the Merchants of England were skrewed up here in England more then in Turky And for these and other words of defamation of the Government he was censured to be committed to the Fleet and to be there imprisoned until he made his submission at the Council Table and to pay a fine of 2000. l. And now at the Bar he prayed to be delivered because this Sentence is not warranted by any Law or Statute For the Statute of 3 Henrici 7. which is the foundation of the Court of Star-Chamber doth not give them any authority to punish for words only But all the Court informed him That the Court of Star-Chamber was not erected by the Statute of 3 H. 7. but was a Court many years before and one of the most high and honourable Courts of Justice and to deliver one who was committed by the Decree of one of the Courts of Justice was not the usage of this Court and therefore he was remanded As a concurrant proof of these Proceedings concerning Mr. Chambers we shall insert here a Petition of his though out of time to the Long Parliament and afterwards renewed to the succeeding Parliament viz. To the Parliament of the Commonwealth of England Scotland and Ireland The brief Remonstrance and humble Petition of Richard Chambers Merchant late Alderman and Sheriff of the City of
and others was now moved by Mason to have the resolution of the Iudges and the Court with one voice said That they are now content that they shall be bailed but that they ought to find Sureties also for the good behaviour And Jones Iustice said that so it was done in the case which had been often remembered to another purpose to wit Russell's case in 9 E. 3. To which Mr. Selden answered with whom all the other Prisoners agreed in opinion That they have the Sureties ready for the bayl but not for the good behaviour and desire that the bayl might first be accepted and that they be not urged to the other Sir Robert Heath the Kings Atturney-generall exhibited Information in this Court against Sir John Eliot Knight Denzill Hollis and Benjamin Valentine Esquires the effect of which was That the King that now is for weighty causes such a day and year did summon a Parliament and to that purpose sent his Writ to the Sheriff of Cornwall to chuse two Knights by vertue whereof Sir John Eliot was chosen and returned Knight for Cornwall And that in the same manner the other Defendants were elect Burgesses of other places for the same Parliament And shewed further that Sir John Finch was chosen for one of the Citizens of Canterbury and was Speaker of the House of Commons And that the said Eliot publickly and malitiously in the House of Commons to raise sedition between the King his Nobles and People uttered these words That the Councill and Judges had all conspired to trample under-foot the Liberties of the Subjects He further shewed that the King had power to call adjourn and dissolve Parliaments And that the King for divers reasons had a purpose to have the House of Commons adjourned and gave direction to Sir Joâ—n Finch then the Speaker to move as adjournment and if it should not be obeyed that he should forthwith come from the House to the King And that the Defendants by confederacy afore-hand spake a long and continued Speech which was recited verbatim in which were divers malitious and seditious words of dangerous consequence And to the intent that they might not be prevented of uttering their premeditate speeches their intention was that the Speaker should not go out of the Chair till they had spoken them the Defendants Hollis and Valentine lay violent hands upon the Speaker to the great afrightment and disturbance of the House And the Speaker being got out of the Chair they by violence set him in the Chair again so that there was a great tumult in the House And after the said speeches pronounced by Sir John Eliot Hollis did recapitulate them And to this information the Defendants have put in a plea to the Iurisdiction of the Court because these offences are supposed to be done in Parliament and ought not to be punished in this Court or in any other but in Parliament And the Atturney-Generall moved the Court to over-rule the plea to the Iurisdiction And that he said the Court might do although he had not demurred upon the plea. But the Court would not over-rule the plea but gave day to joyne in Demurrer this Tearm And on the first day of the next Tearm the Record shall be read and within a day after shall be argued at Barre But Hyde chief Iustice said to the Counsell of the Defendants So far light we will give you This is no new question but all the Iudges of England and Barons of the Exchequer before now have oft been assembled on this occasion and have with great patience heard the Arguments on both sides and it was resolved by them all with one voice That an offence committed in Parliament criminally or contemptuously the Parliament being ended rests punishable in an other Court Jones It is true that we all resolved That an offence committed in Parliament against the Crown is punishable after the Parliament in another Court and what Court shall that be but the Court of the Kings Bench in which the King by intendment sitteth Whitlock The question is now reduced to a narrow room for all the Iudges are agreed That an offence committed in Parliament against the King or his Government may be punished out of Parliament So that the sole doubt which now remains is Whether this Court can punish it And Crook agreed That so it had been resolved by all the Iudges because otherwise there would be a failer of Iustice. And by him If such an offence be punishable in another Court what Court shal punish it but this Court which is the highest Court in the Realm for criminall offences And perhaps not onely criminall actions committed in Parliament are punishable here but words also Mason of Lincolns-Inne argued for Sir John Eliot one of the Defendants The charges in the Information against him are three 1. For speeches 2. For contempts to the King in resisting the Adjournment 3. For conspiracy with the other Defendants to detain Mr. Speaker in the Chair In the discussion of these matters be argued much to the same intent which he had argued before upon an information brought in the Star-Chamber against the same Defendants and others for the same offences therefore his Argument is reported here very briefly 1 st For his speeches They contain matter of accusation against some great Peers of the Realm and as to them he said That the King cannot take notice of them The Parliament is a Councill and the grand Councill of the King and Councills are secret and close none other hath accesse to those Councills of Parliament and they themselves ought not to impart them without the consent of the whole House A Iury in a Leet which is sworn to enquire of offences within the said Iurisdiction are sworn to keep their own counsell so the House of Commons enquire of all grievances within the Kingdom and their counsells are not to be revealed And to this purpose was a Petition 2 H. 4. numb 10. That the King shall not give credit to any private reports of their proceedings To which the King assents therefore the King ought not to give credit to the information of these offences in this case 2 ly The words themselves contain severall accusations of great men and the liberty of accusation hath alwaies been Parliamentary 50 E. 3. Parliament-Roll numb 21. The Lord Latimer was impeached in Parliament for sundry offences 11 R. 2. the Arch-Bishop of York 18 H. 6. numb 18. the Duke of Suffolk 1 Mar. Dy. 93. the Duke of Norfolk 36 H. 6. numb 60. un Uickar Generall 2 3 E. 6. c. 18. the Lord Seymer 18 of King James the Lord of St. Albans Chancellor of England and 21 of King James Cranfield Lord Treasurer and 1 Car. the Duke of Buckingham 3 ly This is a priviledge of Parliament which is determinable in Parliament and not else-where 11 R. 2. numb 7. the Parliament-Roll Petition exhibited in Parliament and allowed by the King That
Provinces because among other quarrels they gave refuge to the expulsed Palatine Nevertheless King Iames resolved to wait upon the Match with Spain as the onely means to consolidate these publique fractures in Christendom And now behold a strange Adventure and Enterprise The Prince and the Marquis of Buckingham accompanied with Cottington and Endimion Porter Post in Disguise to Spain to accelerate the Marriage The 17. of February they went privately from Court and the next day came to Dover where they imbarqued for Boloign and from thence rode Post to Paris where they made some stop The Prince shadowed under a bushy Peruque beheld the splendor of that Court and had a full view of the Princess Henrietta Maria who was afterwards his Royal Consort For besides the great privacie of the Journey they had so laid the English Ports that none should follow or give the least advertisement until they had gotten the start of Intelligencers and passed the bounds of France Howbeit they escaped narrowly and a swift Intelligence sent to the King of Spain from Don Carlos Coloma was even at their heels before they arrived at Madrid The Prince and Buckingham being in the Territories of Spain to make but little noise rode Post before their Company The 7. of March they arrived at Madrid the Royal residence and were conveyed with much secrecie into the Earl of Bristols house The next morning the Earl acquainted Gondomar with the arrival of the Marquis of Buckingham Olivares sends immediately to desire leave to visit the Marquis which was by no means permitted but in the evening the Marquis went privately accompanied with the Earl of Bristol Sir Walter Aston and Conde Gondomar and met this great Conde in a place near the Palace and after some Converse was led by a back-way into the Kings quarter and had private Audience of the King who received him with extraordinary courtesies and expressions of so great joy that might signifie he was not ignorant of the Princes arrival also Insomuch that the Conde Olivares having procured the Kings leave went back with the Marquis of Buckingham and kissed the Princes hands After this the King and State devise how to give his Highness the most honorable reception Instantly they decree That upon all occasions of meeting he shall have the precedencie of the King That he shall make his entrance into the Royal Palace in that form of State which is used by the Kings of Spain on the day of their Coronation and that one of the chief quarters in the Kings house shall be prepared for his Lodgings That an Hundred of the Guard attend him and all the Council obey him as the Kings own person The Common sort did magnifie this brave Adventure and express his Welcom by shouts and acclamations of joy and presently they marry him to the Infanta as it were by publique voice And the King to please him with a sight of his Mistress went abroad to visit a Monastery with the Queen the Infanta and his Brothers Don Carlos and the Infant-Cardinal So that his Highness had the happiness of a full View in several places The King in person gave him several Visits and forced him to take the hand and place of him Divers Grandees and prime Officers of State came to present their service and as yet none did visit him but by the Kings special order A General Pardon was published the Prisons were opened and hundreds of Offenders were set at liberty And a late Proclamation against Excess in Apparel was revoked Neither may we forget the Kings strain of Complement in the Advancement of Gondomar to whom he ascribed his great contentment and honor received by his Highness's presence That he had made the Conde whom he was pleased to term an English-man one of his Council of State to the end that his Highness might be confident of their Proceedings and privy to all their Passages The Prince on the day of Publique Entrance was attended in the morning by the Conde Gondomar and divers Councellors of State to S. Ierom's Monastery the place whence the Kings of Spain are wont to make their solemn entrance into Madrid on the day of their Coronation There the Prince was feasted and served by divers great Officers of State waiting bare-headed After dinner the King came to conduct his Highness through the Town to the Royal Palace having prepared all things for the Solemnity in the greatest magnificence and splendor The King setting the Prince on his right hand they rode in great glory under a Canopy of State supported by the Regidors of the Town who were arrayed in Cloth of Tissue The Nobility and Grandees of Spain attended by their several Liveries all very rich and costly went before And after came the Marquis of Buckingham and the Conde Olivares executing their places of Masters of the Horse After them followed the Earl of Bristol and Sir Walter Aston accompanied with divers Councellors of State and Gentlemen of the Kings Chamber And being alighted at the Palace-gate the King led the Prince to the Queens quarters where having entred her chamber he was met and received by her with great respect in manner becoming the state of great Princes three Royal seats were placed the Queen sate in the middle the Prince on her right hand and the King on the left His Highness was thence conducted by the King to the Lodgings prepared for him where after they had conversed a while the King left him After a little pause the Queen by her Major-domo gave him a further and very noble Welcom with sundry rich Presents as Perfumes and costly Wearing-Linen The King sent him two Golden Keys which would open all his Privy-lodgings and his Bed-chamber giving him to understand that he had free access unto him at all hours The Councellors of State presented themselves to let him know That by the Kings express command they were to obey his Highness as exactly as the King himself He was constantly attended and served with Grandees and Tituladoes and was entertained with many Shews and Triumphs and several daily Pastimes And one day running at the Ring in company of divers of the Nobility his Higness was the onely Person that bore the Ring away and that in presence of the Infanta his Mistress which was interpreted a good Omen at the beginning of his Atchievement In fine there wanted nothing which the wit of man could devise for the height of outward glory The Governors of the Town presented the Marquis of Buckingham with the rich Cloth of State which was borne over the King and Prince in the great Solemnity as a Fee belonging to the Place which he then executed From the Court of England many Lords and Gentlemen went after the Prince that by a splendid Train and Retinue of his own People he might appear as the Prince of England And the Marquis of Buckingham was then made a Duke by a Patent
sent from England This magnificent Entertainment and the universal Joy in Spain was grounded on the hope of the Prince's turning Catholick For the voice of the people went That he was come to be a Christian And the Conde Olivares when he gave him the first Visit did congratulate his Arrival with these expressions That the Match should be made presently and that the Kings of Spain and England should divide the World between them For that he did not question but he came thither to be of their Religion Whereunto the Prince answered That he came not thither for Religion but for a Wife But there wanted no endeavors to reconcile the Prince and by him the British Dominions to the Sea of Rome Gregory the Fifteenth then Pope exhorted the Bishop of Conchen Inquisitor-General of Spain to improve the opportunity And he sought to charm the Prince by writing a very smooth Letter to him Yea he condescended to write to Buckingham his Guide and Familiar to incline him to the Romish religion And the Pope also wrote a Letter to the Prince the tenor whereof followeth MOst Noble Prince We wish you the health and light of Gods grace Forasmuch as Great Britain hath always been fruitful in vertues and in men of great worth having filled the one and the other World with the glory of her renown She doth also very often draw the thoughts of the Holy Apostolical Chair to the consideration of her praises And indeed the Church was but then in her infancie when the King of Kings did choose her for his inheritance and so affectionately that 't is believed the Roman Eagles were hardly there before the Banner of the Cross. Besides that many of her Kings instructed in the knowledge of the true salvation have preferred the Cross before the Royal Scepter and the Discipline of Religion before Covetousness leaving examples of piety to other Nations and to the Ages yet to come So that having merited the Principalities and first places of blessedness in Heaven they have obtained on Earth the triumphant ornaments of Holiness And although now the state of the English Church is altered We see nevertheless the Court of Great Britain adorned and furnished with Moral vertues which might serve to support the charity we bear unto her and be an ornament to the name of Christianity if withall she could have for her defence and protection the Orthodox and Catholick truth Therefore by how much the more the glory of your most Noble Father and the apprehension of your Royal inclination delights us with so much more zeal we desire that the gates of the Kingdom of Heaven might be opened unto you and that you might purchase to your self the love of the Universal Church Moreover it being certain that Gregory the Great of most blessed memory hath introduced to the people of England and taught to their Kings the law of the Gospel and the respect of Apostolical authority We as inferior to him in holiness and vertue but equal in name and degree of dignity think it very reasonable that we following his blessed footsteps should endeavor the salvation of those Provinces especially at this time when you design most Noble Prince elevates us to the hope of an extraordinary advantage Therefore as you have directed your journey to Spain towards the Catholick King with desire to ally your self to the House of Austria We do commend your design and indeed do testifie openly in this present business that you are he that takes principal care of our Prelacy For seeing that you desire to take in marriage the Daughter of Spain from thence we may easily conjecture that the antient seeds of Christian piety which have so happily flourished in the hearts of the Kings of Great Britain may God prospering them revive again in your soul. And indeed it is not to be believed that the same man should love such an Alliance that hates the Catholick Religion and should take delight to oppress the Holy Chair To that purpose we have commanded that most humble prayers be made continually to the Father of lights that he would be pleased to put you as a fair Flower of Christendom and the onely Hope of Great Britain in possession of that most noble Heritage which your Ancestors purchased for you to defend the authority of the Soveraign High-Priest and to fight against the Monsters of Heresie Remember the days of old enquire of your Fathers and they will tell you the way that leads to Heaven and what way the Temporal Princes have taken to attain to the everlasting Kingdom Behold the gates of Heaven opened The most holy Kings of England who came from England to Rome accompanied with Angels did come to honor and do homage to the Lord of Lords and to the Prince of the Apostles in the Apostolical Chair their actions and their examples being as so many voices of God speaking and exhorting you to follow the course of the lives of those to whose Empire you shall one day attain Is it possible that you can suffer that the Hereticks should hold them for impious and condemn those whom the faith of the Church testifies to reign in the Heavens with Iesus Christ and have command and authority over all Principalities and Empires of the Earth Behold how they tender you the hand of this truly happy Inheritance to conduct you safe and sound to the Court of the Catholick King and who desire to bring you back again into the lap of the Roman Church beseeching with unspeakable sighs and groans the God of all mercy for your salvation and do stretch out to you the arms of the Apostolical charity to embrace you with all Christian affection even you that are her desired Son in shewing you the happy hope of the Kingdom of Heaven And indeed you cannot give a greater consolation to all the people of the Christian world then to put the Prince of the Apostles in possession of your most noble Island whose authority hath been held so long in the Kingdom of Britain for the defence of Kingdoms and for a Divine Oracle The which will easily come to pass and that without difficulty if you open your heart to the Lord that knocks upon which depends all the happiness of that Kingdom It is from this our great charity that we cherish the praises of the Royal Name and that which makes us desire that you and your Royal Father may be stiled with the names of Deliverers and Restorers of the antient and paternal Religion of Great Britain This is it we hope for trusting in the goodness of God in whose hands are the hearts of Kings and who causeth the people of the earth to receive healing to whom we will always labour with all our power to render you gracious and favorable In the interim take notice by these Letters of the care of our charity which is none other then to procure your happiness And it will never grieve us
by the King and Prince was as followeth WE Ratifying and confirming the aforesaid Treaty and all and every Capitulation contained and specified in the same do approve applaud confirm and ratifie of our certain knowledge all and every of these things in as much as they concern our Selves our Heirs or our Successors And we promise by these presents in the word of a King to kéep fulfil and observe the same and to cause them to be kept fulfilled and observed inviolably firmly well and faithfully effectually Bona fide without all exception and contradiction And we confirm the same with an Oath upon the Holy Evangelists in the presence of the Illustrious and Noble John de Mendoza Charls de Colona Ambassadors of the most Gratious Catholick â—ing residing in our Court. In Testimony and Witness of all and every the premises we have caused our Great Seal to be put to those Articles subscribed by our Hands there in the presence of the most Reverend Father in Christ George Archbishop of Canterbury Primate of all England and the Reverend Father in Christ John Bishop of Lincoln Lord Kéeper of the Great Seal of England Lionel Cranfield Cheif Treasurer of England Henry Uiscount Mandevil President of our Council Edward Earl of Worcester Kéeper of the Privy Seal Lewis Duke of Richmond and Lenox Lord Steward of our Houshold James Marquess Hamilton James Earl of Carlisle Thomas Earl of Kelly Oliver Uiscount Grandeson c. and George Calvert Knight one of our Cheif Secretaries of State and all of our Privy Council Given at our Palace of Westminster c. JACOBUS Rex After this the King did swear to certain private Articles in favor of Papists and for the advancement of the Roman Religion JAMES by the grace of God of Great Britain King Defender of the Faith c. To all to whom this present-writing shall come gréeting Inasmuch as among many other things which are contained within the Treaty of Marriage betwéen our most dear Son Charls Prince of Wales and the most renowned Lady Donna Maria Sister of the most renowned Prince and our welbeloved Brother Philip the Fourth King of Spain It is agréed That we by our Oath shall approve the Articles under-expressed to a word 1. That particular Laws made against Roman Catholicks under which other Vassals of our Realms are not comprehended and to whose observation all generally are not obliged as likewise general Laws under which all are equally comprised if so be they are such which are repugnant to the Romish religion shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in execution against the said Roman Catholicks and we wil cause that our Council shall take the same Oath as far as it pertains to them and belongs to the execution which by the hands of them their Ministers is to be exercised 2. That no other Laws shall hereafter be made anew against the said Roman Catholicks but that there shall be a perpetual Toleration of the Roman Catholick Religion within private houses throughout all our Realms and Dominions which we will have to be understood as well of our Kingdoms of Scotland and Ireland as in England which shall be granted to them in manner and form as is capitulated decreed granted in the Article of the Treaty concerning the Marriage 3. That neither by us nor by any other interposed person whatsoever directly or indirectly privately or publikely will we treat or attempt any thing with the most renowned Lady Infanta Donna Maria which shall be repugnant to the Romish Catholick religion Neither will we by any means perswade her that she should ever renounce or relinquish the same in substance or form or that she should do any thing repugnant or contrary to those things which are contained in the Treaty of Matrimony 4. That We and the Prince of Wales will interpose our authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favor of the Roman Catholicks capitulated between the most renowned Kings by reason of this Marriage And that the said Parliament shall revoke and abrogate particular Laws made against the said Roman Catholicks to whose observance also the rest of our Subjects and Vassals are not obliged as likewise the general Laws under which all are equally comprehended to wit as to the Roman Catholicks if they be such as is aforesaid which are repugnant to the Roman Catholick Religion And that hereafter we will not consent that the said Parliament should ever at any time enact or write any other new Laws against Roman Catholicks MOreover I Charls Prince of Wales engage my self and promise that the most Illustrious King of Great Britain my most honored Lord and Father shall do the same both by word and writing That all those things which are contained in the foregoing Articles and concern as well the suspension as the abrogation of all Laws made against the Roman Catholicks shall within thrée years infallibly take effect and sooner if it be possible which we will have to lie upon our Conscience and Royal honor That I will intercede with the most illustrious King of G. Britain my father that the ten years of the education of the children which shall be born of this marriage with the most illustrious Lady Infanta their mother accorded in the 23 Art which term the Pope of Rome desires to have prorogued to twelve years may be lengthened to the said term And I promise fréely and of my own accord and swear That if it so happen that the entire power of disposing of this matter be dâ—volved to me I will also grant and approve the said term Furthermore I Prince of Wales oblige my self upon my faith to the Catholick King That as often as the most illustrious Lady Infanta shall require that I should give ear to Divines or others whom her Highness shall be pleased to employ in matter of the Roman Catholick religion I will hearken to them willingly without all difficulty and laying aside all excuse And for further caution in point of the frée exercise of the Catholick religion and the suspension of the Law above-named I Charls Prince of Wales promise and take upon me in the word of a King that the things above promised and treated concerning those matters shall take effect and be put in execution as well in the Kingdoms of Scotland and Ireland as of England The Privy-Councellors Oath was this I A.B. do swear That I will truly and fully observe as much as belongeth to me all and every of the Articles which are contained in the Treaty of Marriage betwéen the most gracious Charls Prince of Wales and the most gracious Lady Donna Maria Infanta of Spain Likewise I swear that I will neither commit to execution nor cause to be executed either by my self or by any inferior Officer serving me any
to day were presented to them they have put themselves to the Offensive by preparing a strong Fleet which is ready to set sail to the West-Indies to the end they may at least interrupt the peaceable Annual return of the Gold and Silver of those parts by which the House of Austria do continually advance their greatness And this preparation together with their Voyages into the East-Indies will make them irreconcileable to Spain These enterprises were commended to the King as approved by all good men to be a principal means to cast down the fearful power of Spain Onely it was too vaste a design for that little Countrey but if the King were pleased thoroughly to close with them their Affections and constant interest would so binde them to him that he might absolutely dispose of them and by their forces by Sea and Land conjoyned with his own be able to give the Law to Europe And the present state of the Provinces might incite the King to this Conjunction For the last Summer if the Imperialists had joyned with the Spaniards they had undoubtedly made an irruption into the borders of that State and they are like to break in this next year except some notable Turn shall intervene and then our best Link for a Bond of Friendship is broken and those Provinces of a strong Staff will become a broken Reed Such Râ—presentations were made to the Court of England but the Counsels then prevailing were not propense to this Conjunction and Interest although we were then breaking with Spain and the House of Austria About the beginning of December when the Ratification came from the new Pope Bonfires were made throughout all Spain and the great Ordnance thundred out reports of joy And that King to satisfie his Oath made to the Prince of Wales prepared for the Espousals and a day was prefixed and all things appointed for the Solemnity according to the Magnificence of that Court The Infanta's Family was setled her Officers distinguished and the beginning of March was the time for her journey into England From the Princes departure she had applied herself to the learning of the English Tongue The English Ambassadors carried themselves like Subjects towards her as being their Masters Wife or Spouse Many rich presents had she prepared for her future Lord and Husband And the Earl of Bristol had provided many costly Liveries for his Attendants in the Solemnity of the Espousals But all things were instantly discomposed by the opening of the new commands from England to the Earl which were to procure an intire surrender of the Palatinate and Electorate before he move one step further towards the Contract In the Court of Spain there was great resentment of these new delays and they discerned a breach towards The Infanta gave over the study of English and was no more stiled the Princess of England but to the Demands from England the King of Spain replied That if a Treaty be set on foot and the Emperor and Duke of Bavaria will not come to Terms of Conformity he will joyn Arms with England to recover the Palatinate The Spaniards confessing the Demand just but unseasonable professed the Desponsorio's past the Infanta on her knees should have been a Suiter to the King to restore the Palatinate making it thereby her act and drawing the Obligation wholly to her These offers did not satisfie Bristol was called home and all was dashed to peeces It was an amazement to the Christian World that when the Match was brought to such perfection the motion should be rejected by that side which pursued it with so much eagerness and patience as being the master-peece of all their designs In the latter part of this long tedious act the Spaniard appeared real but in the former part their reality was questionable For our parts the business shall remain as we finde it a dark Riddle and Mystery The Earl of Bristol having demurred upon the new Instructions to prevent as he desired the embroiling of the whole Treaty was to make his Apology to the King his Master and for himself he thus pleaded That he understood the Infanta was his yong Masters wife or Spouse at least and that both the King and Prince infinitely desired the Match The powers were drawn by the intervention of both parties the King of Spain accepting them and the Prince legally delivering them and they were deposited with him in trust as the Ambassador of the King of Great Britain with a Publick Declaration how and when he was to deliver them and this was drawn into an Instrument by the Secretary of State According to this state of things he appeals to any Censure which were the more prudent honest and dutiful way whether to put a disgrace upon so great and worthy a Princess who was to be his Masters Wife and a scorn upon the King of Spain by nominating a day for the Marriage when the powers would be expired and not at all to insist upon making good the Publick Trust reposed in him by two so great Monarchs to the hazard and overthrow of so great and important a business or contrariwise to represent to his Majesty the state of things in Truth and Sincerity with his humble opinion of the wrong and disgrace to the Infanta by deferring the Marriage and of the indignity offered to the King of Spain and the danger of the whole Treaty by the detention of the Powers without the pretence of some emergent cause And after all this when his Majesty had declared his pleasure there was ready an exact obedience Wherefore in the confidence of his own innocencie he professeth as great a confidence of his Majesties accustomed grace and favor Bristol being called home acquainted the Conde Olivares with the Letters of Revocation and desired withall to have a day assigned him to take his leave of the King Olivares answered That he had much to say to him by his Majesties order and spake to this effect in the presence of Sir Walter Aston and the Conde Gondomar That the King had received large advertisements with what malice and rancor his Enemies did prosecute him and how powerful they are in England And in regard that the Envy which was drawn upon him proceeded from his earnest endeavors to accomplish the Match and that the particular fault laid to his charge was in point of delivering the Proxies deposited in his hands that his Majesty takes it to heart and judgeth himself touched in his honor if for this cause his Enemies shall prevail so far as to work his ruine or disgrace And therefore he will write to the King of Great Britain and send a particular Ambassador if it be needful to mediate for him for that he had served his Master with that exactness and fidelity which deserved not only to be assisted by all good offices but to be rewarded and published And his Majesty for the example of his own Subjects and for the encouragement
the Council That both the English and Dutch Ships designed to block up Dunkirk whilst our Fleet was gone to Spain were dispersed by a sudden storm and that Two and twenty Ships of Dunkirk Men of War having Four thousand Land-soldiers were at liberty to rove up and down and do mischief at Sea Hereupon the Council by their Letters to the Lords Lieutenants of the Counties upon the Seacoasts required that the Trained-Bands be in readiness with compleat Armor and other Furniture to march upon all Alarms to what place soever the necessary defence thereof shall require Also upon intelligence that these Two and Twenty Dunkirkers intended to land their Four thousand men in Ireland in case their design failed as to England Letters were expedited to the Lord Deputy of Ireland to guard those Sea-coasts for that it were alike mischievous if they should land in either Kingdom In the beginning of October the Fleet consisting of Eighty Ships great and small the Anne-Royal a Ship of Twelve hundred Tun being Admiral put forth from Plimouth for the Coasts of Spain with these Regiments aboard the Fleet according as we find it mentioned in an old List viz. The Duke of Buckingham's The Lord Wimbleton's Sir William St. Leger's Serjeant-Major-General and Colonel Burrough's Regiments were shipped in the Admirals Squadron which carried 2093 Seamen and 4032 Land-soldiers The Lord Valentia's Regiment The Earl of Essex's and Colonel Harwood's were shipped in the Vice-Admirals Squadron carrying 1765 Seamen and 3008 Land-soldiers The Earl of Essex was Vice-Admiral and commanded this Squadron Sir Charls Rich his Regiment Sir Edward Conway's and Colonel Regiments were shipped in the Rear-Admirals Squadron carrying 1833 Mariners 2998 Soldiers The Fleet after four days sail was encountred with a furious storm which so dissipated the Ships that of Fourscore no less then Fifty were missing for seven days Afterwards they all came together upon the Coasts of Spain where they found a Conquest ready the Spanish Shipping in the Bay of Cadez the taking whereof was granted feasible and easie and would have satisfied the Voyage both in point of honor and profit This was either neglected or attempted preposterously Then the Army landed and Sir Iohn Burroughs took a Fort from the Spaniard but the Soldiers finding good store of Spanish Wines abused themselves and hazarded the ruine of all had the Enemy known in what condition they were notwithstanding all Commands to the contrary So they were presently shipp'd again and the General putting to Sea intended to wait about Twenty days for the Plate-Fleet which was daily expected from the West-Indies But the evil condition of his Men by reason of a general Contagion enforced him to abandon the hopes of this great Prize So the English having effected nothing returned home with dishonor in November following It gave no small occasion of clamor That a Fleet so well provided and manned should land their men in an Enemies Country and return without some honorable Action But where the fault lay hath not been yet adjudged neither was any ever punished for failing in that duty The General for some time was not admitted into the Kings presence and some of the Colonels of his Army accused him and some Seamen aggravated the Accusation The General was examined before the Council and laid the fault on others in the Fleet who let the King of Spain's Ships pass without fighting them according to Order They on the other hand said they had no Order from their General to fight Thus was there fending and proving which contributed little to salve the dishonor which the Nation sustained by this unprofitable and ill-managed Design Upon the Fleets return to Plimouth in December and Consideration of the present use of the Soldiers therein imployed a Proclamation issued forth to command that no Soldiers of the Fleet should depart from their Colours or be discharged of their Service till the King shall signifie his pleasure how and when he will use their further Service So the Forces that returned from Cades were kept on foot and dispersed into several parts of the Kingdom There was also a strict Commandment That no Subject of this Realm of England shall have intercourse of Trade with any of the Dominions of the King of Spain or the Arch-Dutches of Flanders upon pain of Confiscation both of Ships and Goods that shall be found upon Voyage of Trade into any of the said Dominions Moreover in regard of the Subjects apparent danger and the encouragement of the Enemies of this State by putting Ships to Sea being weakly manned and ill furnished the King ordained that none should set forth any Ship or Pinnace of the burthen of Threescore Tuns or upwards unless they furnish the same with serviceable Muskets and Bandaliers sufficient for the arming of half the number of persons that sail therein together with a quantity of Ammunition answerable to the length of their intended Voyage Furthermore for the instructing and exercising of the Trained-Bands as well Officers as Soldiers by men experienced in Military Exercises The King gave Commandment that divers Low-Countrey Soldiers should be assigned to the several Counties and that the Trained-Bands should be ready at the times appointed for their Direction in their Postures and use of Arms. The Plague still continuing in London and Westminster and the places near adjoyning the King to prevent a general infection had adjourned a part of Michaelmas Term from the Utas thereof to the Fourth Return and afterwards to the Fifth and then the residue of the Term from the City of Westminster as also the Receipt of the Revenue from Richmond to the Town of Reading in Berkshire In which Term a Commission issued forth under the Great Seal for executing the Laws against Recusants according to the Petition of the late Parliament which was read in all the Courts of Judicature at Reading Which Commission together with Pricking of Sir Edward Cook and certain other Gentlemen Sheriffs who had appeared the last Parliament against the Duke and being Sheriffs could not be chosen Parliament-men gave occasion of discourse and hopes of a new Parliament At Hampton Court in December following this ensuing Order was made WHereas Four Articles concerning the Oath used to be taken by the High Sheriffs of Counties were this day presented unto the Board unto which Articles Sir Edward Cook Knight at this present High Sheriff of the County of Bucks Did upon tender of the Oath unto him take Exceptions and sent his Exceptions and the Reasons thereof in writing to Mr. Attorny General who by direction of the Board did attend all the Iudges of England to receive their Advice thereupon and the said Iudges having advised thereof did with one unanimous consent Resolve and so Report to the Lord Keeper That they found no cause to alter the said Oath but onely in one of the said Articles hereafter mentioned It is thereupon this day Ordered by their
into my hands not as an Attorney onely for the Prince But the King of Spain having taken the substitution of them by his Secretary of State entred in Legal form whereby that King was then become interessed in them by their occupation as well as the Prince by granting of them And becoming the Instrumentum stipulatum wherein they were both interessed they were deposited in my hands as an indifferent person trusted between the King of Spain and the Prince with a Declaration of the Trust. And now the Duke was returned out of Spain he plotted my ruine and put it in execution in this manner He concealed that the powers were to expire at Christmas and procured his Majesty to write a Letter not a direct Commandment but expressing a desire that the Desponsories should not be till one of the days in Christmas intending thereby to draw me into a Dilemma That if I proceeded in the Match this Letter should as now it is have been inforced against me as a breach of Instructions If I had not proceeded then I had broken my trust between the Prince and King of Spain overthrown the Marriage so long sought and labored it being the main scope of my Ambassage contrary to express Warrant and that upon a Letter I must needs know to be a mistake And when I had written into England to have a direct Warrant in the point the Duke then seeing that Plot would not take he dealt with divers great Lords as was well known to some of their Lordships there present to have me upon my arival in England committed to the Tower before I should ever come to speak with the King which the Spanish Ambassador here in England having gotten private notice of gave advertisement thereof to that King Who thereupon foreseeing my danger and consulting with his Council and Divines what were fit for him in Honor and Conscience to do in that Case they resolved That seeing my Sufferings grew by being an honest man and endeavoring to perform the trust reposed in me by that King as well as the Prince That King was bound both in Honor and Conscience not onely to preserve me from ruine but to make me a reparation for any loss I should sustain by occasion of the Trust Whereupon at his departure going to Court to take his leave the Conde de Olivares told me what was plotted against me in England and in respect of the danger by reason of the greatness of my Adversary pâ—rswaded me to stay there and in his Masters Name made an offer not in secret but in the presence of Sir Walter Aston Here he repeated those offers of Reward Honor and Preferment which we have mentioned before in order of time and at present pass it by he then proceeded and said Upon what grounds and hope came I to encounter with those dangers Not upon hope of my greatness in Court and strength of Friends there to bolster out an ill Cause no sure my strength was too weak and my adversaries too powerful But I knew my Conscience was clear and my Cause was good and trusted in God Almighty And to him now and to their Lordships judgments recommended my self and my Cause And then he delivered his Answer desiring their Lordships it might be after Recorded in Parchment that it might remain to posterity which being read by one of his Council the Lord Keeper asked him Whether he desired to say any more then he had done he answered That he had something more to say but knew not the order or whether Mr. Attorney would speak first but he being desired to speak He desired their Lordships he might put them in minde of what he conceived they had already promised which was That the Duke whom he accused in that House of far higher offences then any with which he was charged might be proceeded with as he was and that they might be upon equal Conditions And that such heads as he had delivered against the Duke being of such Matters as he met withal in his Negotiation as an Ambassador and which he had according to his duty acquainted the State withal might by their Lordships care and order be put into Legal form and prosecuted for so was the use when he had the honor to sit at the Council Table He said He conceived he had already done his part to inform and would be ready to make it good it concerning their Lordships to see it prosecuted it not being to be expected that he should solicit it or if he would he could not being under restraint And he desired likewise that the Judges might deliver their opinions Whether the matter charged against him were Treason that if it should not so be in their opinions he might not lie under so heavy a burthen He put their Lordships in minde that it was a strange manner of proceeding that upon a displeasure a Peer of the Kingdom complaining of those that had practised against him and had been the causers of his Sufferings should then and never but then be charged with Treason He told them it was not his case alone but it equally concerned them and their Posterity and it might be some others hereafter more then him now For he said he thanked God he had some experience in the World and thereby and by those things he had kept was able to make his innocency appear which perhaps would not be every mans hereafter and so many an honest heart in a good cause distracted with fears and abandoned of Friends might perish through the malice of a potent Adversary The Lords again asked him whether he had any thing more to say he answered No but desired leave onely to explain himself in two things one in his Speech now spoken and the other when he was first brought to the House That in his Speech this day was where he affirmed he had like to have been ruined in his Negotiation First For being a Puritan and now for being a Papist and both by one hand he explained it to be by the hand of the Duke of Buckingham And the other when he first came to the House saying there For Redress of former sufferings and meeting on the sudden with Treason charged upon him he spake in Passion expressing the Wrongs and Injuries done him by the Duke and told their Lordships he had used means to convey part of his Sufferings to the late King his Master who in the Dukes hearing sware he would after he had heard the Duke against him hear him also against the Duke for which his Majesty suffered much or to some such purpose Now he understandeth this Speech to reflect upon what was in Agitation in the Lower House but he said although he could not well excuse the Dukes indiscretion in that point yet he spake it not any ways to corroborate that opinion For howsoever the Duke were his enemy yet he could not think so dishonorably of him The Answer of the Earl of Bristol to
his late Majesty was pleased to give order to the Duke and Earl to proceed in the Business which his said Majesty would not have Treated till the said Marriage was concluded as will appear by a Letter of his said late Majesty joyntly to the Duke of Buckingham and the said Earl of the 23 Iuly 1623. Secondly It will appear by Letters of the said Lord Conway to the Duke of Buckingham bearing date September 4. 1623. That the said Duke had good assurance of the Conclusion of the said Match and upon this confidence were all things put in due execution in England as had been Capitulated And the Lord Conway and others faithfully agreed and setled all the Points of Immunity and Liberty for the Roman Catholicks for the use of their Religion as was set down in the Declaration August 9. 1623. hereafter mentioned in the Answers to the Fifth Article of this Charge Thirdly the very day his now Majesty and the Duke of Buckingham departed from the Escurial in Spain towards England the said Duke solemnly swore the Treaty of the said Marriage and the furtherance of it all that should be in his power upon the holy Evangelists in the presence of the said Earl and Sir Walter Aston Fourthly The Treaty of the said Marriage had been formerly signed sealed and solemnly sworne by the King of Spain And when his Majesty and that King took their leaves he did solemnly in the words of a King faithfully and punctually protest to perform all that had been capitulated in the Treaty of Marriage and thereupon imbraced his Majesty at his departure and sent the very next day a Letter written all with his own hand to his Majesty vowing and protesting to make all good that he had capitulated or promised unto his Majesty at his departure the day before So that if there were no true meaning on the part of Spain to make the Marriage as by Mr. Attorney is pretended yet certainly the Earl hath not been sleightly deceived neither can it be as he conceiveth any fault in him since not only his late Majesty but also his Majesty that now is and the Duke of Buckingham being then both upon the place did confidently believe and that upon other grounds then misinformations suggestions and perswasions of the said Earl that the Marriage was really intended And to that effect both his late Majesty of blessed memory and his most Excellent Majesty that now is after his return into England wrote unto him the said Earl several Letters assuring him that their intents and pleasures were to have the said Match proceeded in and thereupon the Proxies of his Majesty then Prince were again inrolled and sent unto the said Earl So that the said Earl having so many and so great causes to be assured that the Match was really intended on both sides he conceiveth it will be hard for Mr. Attorney to make good that part of his Charge wherein he affirmeth that the Earl should know the contrary or the Assurance to be upon false grounds as in the said Article is alleadged II. To the Second Article He directly denieth all the supposed Offences wherewith he stands charged by the said Article And for a clear declaration and manifestation of the truth and manner of his proceedings He saith First as to the continuing the Treaties upon Generalities That the Temporal Articles were by Agreements on both sides not to be treated or setled until such time as the Articles of Religion were fully agreed on For that it was held most proper and honorable for both sides first to see if the Difficulty of Religion might be removed before they passed to any further Engagements And the said Articles of Religion by reason of the Popes new Demands sent into England by Mr. Gage were not signed nor condescended unto by his late Majesty nor his Majesty that now is then Prince until Ian. 5. 1622. and were then sent away in Post out of England to the said Earl by Mr. Simon Digby who arrived with them at Madrid in Spain about the 25. of the same moneth But the Earls care was such to have no time spent in the setling of the Temporal Articles that before he would condescend so much as de bene esse unto the Articles of Religion that they should be sent back to Rome he procured the King of Spain to promise That within the time limited for procuring the Desponsories which was by March or April following the furthest all the Temporal Articles should be setled and agreed to the end that the Infanta might be delivered at the Spring as by the King of Spain his Answer in writing was declared to be the Kings intention And accordingly Sir Walter Aston and the said Earl did not deal in general but did most industriously labor to settle all in particular viz. That the Portion should be Two Millions it appearing that it was so agreed by the late King of Spain That the Dispensation coming the Desponsories should be within Forty days after And that Don Duarte de Portugal should be the man that should attend the Infanta in the Journey And all other Particulars necessary for the Conclusion of the said Treaties were by Sir Walter Aston and the said Earl and the Spanish Commissioners drawn up into heads in writing and after many Debates they were consulted with that King and 2 Martii 1623. stilo vet the Conde Gondomar and the Secretary Don Andreas de Prada were appointed to come home to the house of the said Earl to signifie unto Sir Walter Aston and himself as they did That the King of Spain had declared his resolution in all the Particulars and given them order to come to a speedy Conclusion with them in all things And that Kings Answer to that Conclusion the Earl saw and read all written with the King of Spain's own hand On the seventh day of the said moneth of March 1623. the Kings Majesty then Prince and the Duke of Buckingham arrived at Madrid And then the Spaniards took new laws and the Negotiation was put into a new form So that whereas it is objected against the Earl that he entertained and continued the Treaties so long upon Generalities He conceives it is not meant upon the Spiritual Articles for they were such as were sent from Rome into England and from thence they came to the Earl And for the Temporal Articles they were not to be setled and treated till the Articles of Religion were concluded He conceiveth it cannot be alleadged with any colour that his Majesty was entertained with Generalities since the time that the said Articles of Religion were brought unto the said Earl by Mr. Simon Digby being about the 25. of Ianuary There were but six weeks until March 7. following when his Majesty then Prince arrived in Madrid and in the interim all the above-mentioned Particulars were setled And the time that hath been spent in this Treaty hath not been through his the said Earls
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
MY Lords said he In this great business of Impeachment against the Duke of Buckingham I am commanded by the Commons in Parliament to bear a part of some importance The Articles allotted to my Charge are three the Sixth Seventh and Eighth which I shall open with as much brevity and perspicuity as I may The substance of several Cases concerning the same The Evidence to make them good together with such Observations as naturally arise out of the matter whereby your Lordships may the better discern wherein the Dukes faults do consist and what punishment may be answerable to such offences The Sixth Article is a distinct Charge different from the other two wherefore I will handle it with the Incidents thereof by it self The Seventh and Eighth Articles being of one nature and subject are indeed several parts of one Charge rather then several Charges and have such a connexion in themselves that with your Lordships leaves I will handle them both together without dividing them which I hold will be the shortest and fittest way to do right to the Cause and to your Lordships The Sixth Article giveth me occasion my Lords thus to enlarge my self In a Treaty the 18. of August 1604. between our late Soveraign King Iames of glorious memory and Philip the Third King of Spain It was agreed That there should be perfect Amity and Peace to endure for ever by Land Sea and Fresh-waters between these Kings their Heirs and Successors their Dominions Liege-men and Subjects then being or which should be And that either party should then after abstain from all depradations offences and spoils by Sea Land and Fresh-waters in what Dominions or Government soever of the other and should cause restitution to be made of all depradations which then after should be comitted and the damages growing by means thereof And that the said Kings shall take care that their Subjects should from thenceforth abstain from all force and wrong-doing and that they likewise should revoke all Commissions and Letters-Patents of Reprisal or Mart or otherwise containing Licence to take Prizes All which are declared by the said Treaty it self to be void and that whosoever should do any thing contrary should be punished not only criminally according to the merit of his offence but should also be compelled to make restitution and satisfaction for the losses to the parties damnified requiring the same Lastly it was concluded That between them and every of their Subjects might be free Commerce in all the Dominions by Sea Land and Fresh-waters in which before the Wars there hath been Commerce and according to the use and observance of the antient Leagues and Treaties before the Wars the Customs as they were at that present rated according to the Ordinance of the Places being paid This Treaty being setled and continuing his late Majesty King Iames by his Highness Letters-Patents bearing date the 14. of September An. 13. of his Reign did grant unto the Governors of the Merchants of London trading into the East-Indies and to their Successors in case they be justly provoked or driven thereunto in defence of their persons goods or ships by any disturbance or hinderance in their quiet Course of Trade or for recompence or recovery of the persons ships or goods of any of his Majesties Subjects that had been formerly in or neer the East-Indies or for any other just cause of their defence or recompence of losses sustained That then the Captains or principal Commanders of the said Company or any other under their government should or might attempt surprise or take the persons ships and goods of any Prince or State by whose Subjects they should sustain any wrong or loss in manner as aforesaid as by the said Letters-Patents appeareth Some years after the granting of these Letters-Patents under pretext that the said Treaty was broken there was some interruption and violence offered by the King of Spain's Subjects in the Ports of East-India to the Merchants of the East-India Company trading into those parts whereby they were much damnified and thereupon suspecting that it might be in vain to complain for redress in an ordinary course of Justice in the East-India or in default thereof to return into Spain to make complaint to that purpose where nothing was likely to be done till they had sent from thence again into the East-Indies and received an answer And after all this upon denial of Justice in Spain to come into this Kingdom for Letters of Request without which in ordinary course they should not use Reprisal and many years would be spent before they could come to have an end of these suits It is true that thereupon partly in their defence and partly for amends and partly for revenge they did by pretext of the said Letters-Patents take some goods of the Portugals in the East-Indies Subjects to the King of Spain and afterwards being commanded by the King of Persia to transport certain Forces of his in Ormus an Island situate in the Country of Persia some goods of Portugals subjects to the King of Spain were there taken by Captain Blith and Captain Wedel and others of their Company being servants and in pay under the East-India Company In Iuly 1623. Two ships called the Lyon and the Ionas being part of a Fleet belonging to the said Company returned from Ormus aforesaid out of an East-Indian Voyage and arrived in the Downs richly laden with goods and merchandise lawfully belonging to the said Company and estimated to the value of One hundred thousand pounds The Duke of Buckingham in or about October 1623. being advertised thereof well knowing the Company to be rich and apprehending in himself a probable ground how he might exact and extort some great sum of money from the said Company out of the profit of these ships and their lading by colour of his Office of Lord Admiral of England and out of his power and greatness his Office being used for a groundwork of his design therein did thereupon pretend that the lading of the said ships was for the most part with goods Pyratically taken at Sea in the parts about Ormus aforesaid and that a Tenth part or some other great share thereof did belong to him in the right of his said Office of Lord Great Admiral of England and by vertue of his Letters-Patents and Grant from his late Majesty in that behalf alleadging withall howsoever the said Company might peradventure answer the matter yet there would and might be strong opposition against them These words were used to possess them with fear and to make them stand in awe of his power when he should come afterwards particularly to press them to yield to his unjust demands Having once resolved of his ends which was to get money he thus proceeded to effect the same In the moneths of November December January and February then next following he had divers times Treaties by himself and his Agents with the the then Governor and others of the
said Company for the effecting of his said designs wherein he still unlawfully pretended that a Tenth part or some other great share out of the Lading of the said ships belonged unto him albeit the said Company upon right information of their Cause to their Council both Civilians and Common-Lawyers were advised that there did no Tenths or other such shares belong to the said Duke as he pretended And whereas the said Duke by this time finding that he could not prevail to get his Ends by any fair course continued yet resolute to make his gain upon the Company by right or wrong as he might and to that purpose made use of the following opportunities and advantages in such cunning and abusive manner as I shall further open to your Lordships The said Duke well knowing thâ—t the said Company had then four Ships called the Great James the Ionas the Star and the Eagle and two Pinaces called the Spy and the Scout the said Ships and Pinaces with their Victuals Store and Ordnances were of the value of Fifty four thousand pounds and more laden with Lead Cloth and other Merchandise in them to the value of Twenty thousand pounds and more and having in them also about Thirty thousand pounds in Royals of Spanish money in all One hundred thousand pounds and more These Ships and Pinnaces were well near ready to set sail for a Voyage into the East-Indies by the first day of March in the One and twentieth year of his said late Majesties reign and he well-knowing how great a hinderance it would be to the said Company if the said Ships and Pinnaces should be stayed for any long time the rather in regard if they did not set sail about that time of the year or within Twenty days after they had utterly lost their voyage for that year the reason thereof dependeth upon a Secret of Winds called the Man-sounds which are constantly six moneths Easterly and six moneths Westerly every year at their set times in those parts of Africa about the Cape of Bona Speranza for of those Winds all Ships going from hence into the East-Indies are to make their use in the usual and due time which yet cannot be done if men take not their opportunity by coming to the Cape in their proper and due season and in so long and dangerous a voyage wherein the Equinoctial Line is twice to be passed it is no good discretion to stay the utmost time in going from hence in confidence of fair Winds but rather to take time enough before-hand for fear of the contrary Nor can the Lord Admiral of England who is Custos marium domini Regis and hath jurisdiction of all Foreign parts super altum mare be admitted to pretend himself ignorant of this Secret or of any other particulars belonging to the Seas and Voyages The Duke therefore apprehending and well weighing how great a hinderance or rather what an absolute loss it would be to the company if these their Ships and Pinnaces of so great value and bound forth in so instant and difficult a voyage should be stayed for any long time now they were ready to set sail and the season of going upon point to expire The said Duke upon the said First day of March 1623. to effect his designs upon the said Company and to get that by circumvention and surprisal which in a legal and due course of Justice he had not hopes to obtain Not thinking it sufficient that the sense of his displeasure lying over the Company as an ominous cloud threatning a storm if they did not appease him by some great sacrifice and to cast them yet further into a farther streight not sparing to abuse your Lordships in Parliament by making you unwilling Instruments to give colour and advantage to his secret and unlawful practises Upon the said First day of March he put your Lordships sitting in Parliament in minde touching the great business likely to ensue upon dissolution of the then Treaties with Spain and that a speedy resolution thereof was necessarily required for that the Enemy would pretermit no time and if we should lose the benefit of that Spring he said it would be irrevokable and thereupon he took occasion to move that House Whether he should make stay of any shipping that were then in the Ports as being High Admiral he might and namely the said Ships prepared for the East-Indian Voyage which were of great burthen well furnished and fit to guard our own Coasts Which motion was generally approved of the whole House knowing nothing of the Dukes secret designs and private intentions And the same day a Motion was made amongst the Commons in Parliament to the same effect by Sir Edward Seymour Knight the Vice-Admiral to the Duke of the County of Devon which in respect of the time when and person by whom it was propounded is very suspitious that it issued all from one Spirit and that he was set on by the Duke or some of his Agents the truth whereof your Lordships may be pleased to search out and examine as you shall see cause By colour of this Order of the Lords House of Parliament the Duke caused Iohn Pexal Marshal of the Admiralty to make stay to be made of the said Ships and Pinnaces howbeit notwithstanding all the occasion pretended for the defence of the Realm there were not any other Ships staid at this time The Company perceiving by the course of things from whence their Evils moved upon the Fifth of March 1623. became earnest Suitors to the said Duke for a Releasement of their said Ships and Pinnaces whereunto the said Duke replied That he had not been the cause of their stay but having heard the Motion in the Lords House he could do no less then order as they had done Yet to incline his ends and put them in some hope of favor by his means he told them withal That he had something in his Pocket that might do them good and willed them to set down what Reasons they would for their Suit and he would acquaint the House therewith Nevertheless about this time he presumed of himself at Theobalds to give leave for the Ships and Pinnaces to fall down as far as Tilbury there to attend such further Directions as should be given unto them with leave so to signifie by word of mouth to the Serjeant of the Admiralty for that the Duke had then no Secretary with him Thus some while by threatning of strong oppositions and terrors and other while by intimating hopes of favor and good assistance the Duke sought to accomplish his purpose yet prevailed not and so the Tenth of March 1623. the Kings Advocate Mr. Dr. Reeves as Advocate for the King and Lord Admiral made Allegation in the Admiralty on the Dukes behalf and by his procurements that it appeared by Examinations there taken that 150000 l. and more Pyrattically taken by the said Captain Blith and Wedel and their Complices upon the Sea
their Lordships as followeth YOur Lordships may have observed how in handling the former Articles I have in my Discourse used the method of time which I hold to be best for the discovery of the truth I shall therefore by your Lordships patience whereof now I have had some good experience use the like order in my enlargment upon these later Articles touching which that which I have to say is thus In or about the Two and twentieth year of the reign of our late dear Soveraign Lord King Iames of famous memory there being then a Treaty between our said late Soveraign and the French King for a Marriage to be had between our then most Noble Prince now our most gratious King and the French Kings Sister our now Queen and for entring into an Active War against the King of Spain and his Allies in Italy and the Valtoline Our said late Soveraign passed some promise to the French Kings Ambassador here the Marquess D' Effiat for procuring or lending some Ships to be employed by the French in that Service upon reasonable conditions but without thought or intent that they should be employed against the Rochellers or any others of our Religion in France For it was pretended by the French Kings Ministers to our King That the said Ships should be employed particularly against Genoa and not otherwise But afterwards some matter of Suspition breaking forth from those of our Religion in France that the Design for Italy was but a pretence to make the Body of an Army fall upon the Rochellers or other of our Religion in that Kingdom the King grew so cautious in his Conditions that as he would perform his promise to lend his Ships so to preserve those of our Religion he contracted or gave directions that the greater part of the Men in the same Ships should be English whereby the power of them should be ever in his hands And the Duke of Buckingham then and yet Lord Great Admiral of England well knowing all this to be true pretended he was and would be very careful and proceed with art to keep the said Ships in the hands of our King and upon our own Coasts and yet nevertheless under hand he unduly intended practised and endeavored the contrary For afterwards by his direction or procurement in or about the Two and twentieth year aforesaid a Ship of his Majesties called the Vantguard being of his Majesties Royal Navy was allotted and appointed to be made ready for the service of the French King and seven other Merchants Ships of great burthen and strength belonging to several persons Natural Subjects of our said late Soveraign Lord were by the Dukes direction impressed as for the service of his said late Majesty and willed to make themselves ready accordingly The Names and Tunage of the said Seven Merchants Ships were as followeth 1. The Great Neptune whereof Sir Ferdinando Gorge was Captain 2. The Industry of the burthen of Four hundred and fifty Tuns whereof Iames Moyer was Captain 3. The Pearl of Five and forty Tuns Anthony Tench was Captain 4. The Marigold of Three hundred Tuns Thomas Davies Captain 5. The Loyalty of Three hundred Tuns Iasper Dare Captain 6. The Peter and Iohn of Three hundred and fifty Tuns Iohn Davies Captain 7. The Gift of God of Three hundred Tuns Henry Lewen Captain Also about the same time a Contract was made by and between Sir Iohn Cooke and other the Commissioners of his Majesties Navy as on behalf of his Majesty for his said Ship the Vantguard and on behalf of the Captains Masters and Owners of the said Seven Merchants Ships but without their privity or direction for the service of the French King upon conditions to be safe and reasonable for our King this Realm and State as also for the said Captains Masters and Owners of the said seven Merchants Ships and for the Companies For Sir Iohn Cooke drew the Instructions for the Direction of the said Contract which Instructions passed and were allowed by the King and such of the Council as were made acquainted therewith and used in this business In which Instructions as Sir Iohn Cooke hath since alleaged in the House of Commons there was care taken for provision to be made that the said Ship of his Majesty called Vantguard should not serve against the City or Inhabitants of Rochel or those of the Religion in France nor take into her more men of the French then she could from time to time be well able to command and master But whether the Instructions for the Merchants Ships and the Kings said Ship were all one is not yet cleared unto the Commons howbeit it appeareth not but that the intent of our King and State was to be a like careful for both Nevertheless a Form of Articles dated the Five and twentieth day of March in the Three and twentieth year of his said late Majesties raign was prepared ingrossed and made ready to be sealed without the knowledge of the Captains Masters and Owners of the said Merchants Ships between the said Marquess D' Effiat the Ambassador on the one part and the several Owners of the said Merchants Ships respectively on the other part viz. A several Writing or Instrument for every of the said Ships respectively whereby amongst other things as by the same appeareth it was covenanted and agreed by and on the part and behalf of the owners to and with the said Marquess D' Effiat to this effect namely 1. That their said Ships respectively with a certain number of men for every of them limitted with Ordnance Munition and other necessaries should be ready for the French Kings service the Thirteenth of April then next following 2. That they should go on in that Service under a French General to be as Captain in every of the said Merchants Ships respectively of the appointment of the French King or his Ambassador 3. That they should serve the French King against any whomsoever but the King of Great Britain 4. That they should take in as many Soldiers into their said several Ships as they could stow or carry besides their Victual and Apparel 5. That they should continue six moneths or longer in the Service so that the whole time did not exceed eighteen moneths 6. That they should permit the French to have the absolute Command of their Ships for Fights and Voyages And it was amongst the said Articles besides other things Covenanted and agreed by the said Marquess D' Effiat as for and on the behalf of the French King to this effectly namely I. That there should be paid to every owner a moneths freight in hand after the rate agreed on and freight for two moneths more after the same rate within Fifteen days after the date of the Articles the computation of the moneths to begin from the 28 of March II. And that the Ships should be ready in a certain form prescribed at the end of the Service When all things were in a
to an Admiral of England and a true English man And he doth deny that by menace or compulsion or any other indirect or undue practice or means he by himself or by any others did deliver those Ships or any of them into the hands of the French as is objected against him That the Error which did happen by what direction soever it were was not in the intention any ways injurious or dishonorable or dangerous to this State or prejudicial to any private man interested in any of those Ships nor could have given any such offence at all if those promises had been observed by others which were professed and really performed by his Majesty and his Subjects on their parts To this Article wherewith he is taxed to have practised for the employment of the Ships against Rochel he answereth That he was so far from practising or consenting that the said Ships should so be employed that he shall make it clearly to appear that when it was discovered that they would be employed against those of the Religion the Protestation of the French King being otherwise and their pretence being That there was a Peace concluded with those of the Religion and that the French King would use those Ships against Genoa which had been an action of no ill consequence to the Affairs of Christendom The Duke did by all fit and honorable means endeavor to divert that course of their employment against Rochel And he doth truly and boldly affirm That his endeavors under the Royal care of his most Excellent Majesty hath been a great part of the means to preserve the Town of Rochel as the Proofs when they shall be produced will make appear And when his Majesty did finde that beyond his intention and contrary to the faithful Promises of the French they were so misemployed he found himself bound in honor to intercede with the most Christian King his good Brother for the Peace of that Town and of the Religion lest his Majesties Honor might otherwise suffer Which intercession his Majesty did so sedulously and so successfully pursue that the Town and the Religion there do and will acknowledge the fruits thereof And whereas it is further objected against him That when in so unfaithful a manner he had delivered those Ships into the power of a foreign State to the danger of the Religion and scandal and dishonor of our Nation which he utterly denieth to be so That to mask his ill intentions in cunning and cautelous manner he abused the Parliament at Oxford in affirming before the Committees of both Houses That the said Ships were not nor should be so used or employed he saith under the favor of those who so understood his words That he did not then use those words which are expressed in the Charge to have been spoken by him but there being then a jealousie of the mis-employing of those Ships the Duke having no knowledge thereof and knowing well what the promises of the French King were but was not then seasonable to be published he hoping they would not have varied from what was promised did say That the event would shew it was no undertaking for them but a Declaration of that in general terms which should really have been performed and which his Majesty had just cause to expect from them That the Duke did compel the Lord R. to buy his Title of Honor he utterly denieth and he is very confident that the Lord R. himself will not affirm it or any thing tending that way Neither can he nor any man else truly say so but the said Duke is able to prove that the Lord R. was before willing to have given a much greater sum but could not then obtain it and he did now obtain it by solicitation of his own Agents For the selling of places of Judicature by the Duke which are specially instanced in the Charge he answereth That he received not or had a penny of either of those sums to his own use but the truth is the Lord M. was made Lord Treasurer by his late Majesty without contracting for any thing for it and after that he had the Office conferred upon him his late Majesty moved him to lend him Twenty thousand pounds upon promise of repayment at the end of a year the Lord M. yielded to it so as he might have the Dukes word that it should be repayed unto him accordingly The Duke gave his word for it the Lord M. relied upon it and delivered the said sum to the hands of Mr. Porter then attending upon the Duke by the late Kings appointment to be disposed as his Majesty should direct And according to the Kings direction that very money was fully paid out to others and the Duke neither had nor disposed of a penny thereof to his own use as is suggested against him And afterwards when the Lord M. left that place and his money was not repayed unto him he urged the Duke upon his promise whereupon the Duke being jealous of his Honor and to keep his word not having money to pay him he assured Lands of his own to the Lord M. for his security But when the Duke was in Spain the Lord M. obtained a promise from his late Majesty of some Lands in Fee-farm to such a value as he accepted of the same in satisfaction of the said money which were afterwards passed unto him and at the Dukes return the Lord M. delivered back unto him the security of the Dukes Lands which had been given unto him as aforesaid And for the Six thousand pounds supposed to have been received by the Duke for procuring to the Earl of M. the Mastership of the Wards he utterly denieth it but afterwards he heard that the Earl of M. did disburse Six thousand pounds about that time and his late Majesty bestowed the same upon Sir Henry Mildmay his Servant without the Dukes privity and he had it and enjoyed it and no penny thereof came to the said Duke or to his use To this Article the Duke answereth That it is true that his late Majesty out of his Royal Favor unto him having honored the Duke himself with many Titles and Dignities of his bounty and as a greater argument of his Princely Grace did also think fit to honor those who were in equal degree of Blood with him and also to ennoble their Mother who was the Stock that bare them The Title of the Countess of Buckingham bestowed upon the Mother was not without President and she hath nothing from the Crown but a Title of Honor which dieth with her The Titles bestowed on the Viscount P. the Dukes Elder Brother were conferred on him who was a Servant of the Bed-chamber to his now Majesty then Prince by his Highness means the Earl of A. was of his late Majesties Bed-chamber and the Honors and Lands conferred on him was done when the Duke was in Spain The Earl of D. hath the Honors mentioned in the
for Posterity to strike at the propriety of their Goods contrary to the piety and intention of your Majesty so graciously exprest And these being the true Grounds and Motives of his forbearance to the said Loan shewing such inconveniences in Reason and representing it an Act contradicting so many of your Laws and most of them by the most prudent and happiest of our Princes granted which could not without presumption beyond pardon in your Suppliant in taking to himself the Dispensation of those Laws so piously Enacted by him be violated or impeached In the fulness of all Submission and Obedience as the Apology of his Loyalty and Duty he lowly offers to your most Sacred Wisdom for the satisfaction of your Majesty most humbly praying your Majesty will be graciously pleased to take them into your Princely consideration where when it shall appear as he doubts not but from hence it will to your déep judgment that no factious humor nor disaffection led on by stubbornness and will hath herein stirred or moved him but the just Obligation of his Conscience which binds him to the service of your Majesty in the observânce of your Laws he is hopeful presuming upon the Piety and Iustice of your Majesty that your Majesty according to your innate Clemency and Goodness will be pleased to bestow him to your Favor and his Liberty and to afford him the benefit of those Laws which in all humility he craves Notwithstanding the said Petition he still continued a prisoner in the Gate-house till the general Order of Discharge came Sir Peter Hayman refusing to part with Loan-money was called before the Lords of the Council who charged him with refractoriness and with an unwillingness to serve the King and told him if he did not pay he should be put upon service Accordingly they commanded him to go upon his Majesties service into the Palatinate and having first setled his estate he undertook and performed the journey and afterwards returned into England Archbishop Abbot having been long slighted at Court now fell under the Kings high displeasure for refusing to Licence Doctor Sibthorps Sermon as he was commanded intituled Apostolical Obedience and not long after he was sequestred from his Office and a Commission was granted to the Bishops of London Durham Rochester Oxford and Doctor Laud Bishop of Bath and Wells to execute Archiepiscopal Jurisdiction The Commission as followeth CHARLS by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Right Reverend Father in God George Bishop of London and to the Right Reverend Father in God Our Trusty and Welbeloved Counsellor Richard Lord Bishop of Durham and to the Right Reverend Father in God Iohn Lord Bishop of Rochester and Iohn Lord Bishop of Oxford to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellor William Lord Bishop of Bathe and Wells Greeting WHereas George now Archbishop of Canterbury in the right of the Archbishoprick hath several and distinct Archiepiscopal Episcopal and other Spiritual and Ecclesiastical Powers and Iurisdictions to be exercised in the Government and Discipline of the Church within the Province of Canterbury and in the Administration of Iustice in Causes Ecclesiastical within that Province which are partly executed by himself in his own person and partly and more generally by several persons nominated and authorised by him being learned in the Ecclesiastical Laws of this Realm in those several places whereunto they are deputed and appointed by the said Archbishop Which several places as We are informed they severally hold by several Grants for their several lives as namely Sir Henry Martin Knight hath and holdeth by the Grants of the said Archbishop the Offices and places of the Dean of the Arches and Iudge or Master of the Prerogative Court for the Natural life of the said Sir Henry Martin Sir Charls Caesar Knight hath and holdeth by Grants of the said Archbishop the places or Offices of the Iudge of the Audience and Master of the Faculties for the term of the Natural life of the said Sir Charls Caesar. Sir Thomas Ridley Knight hath and holdeth by the Grant of the said Archbishop the place or Office of Uicar-General to the said Archbishop And Nathaniel Brent Doctor of the Laws hath and holdeth by Grant of the said Archbishop the Office or place of Commissary to the said Archbishop as of his proper and peculiar Diocess of Canterbury And likewise the several Registers of the Arches Prerogative Audience Faculties and of the Uicar-General and Commissary of Canterbury hold their places by Grants from the said Archbishop respectively Whereas the said Archbishop in some or all of these several places and Iurisdictions doth or may sometimes assume unto his personal and proper Iudicature Order or Direction some particular Causes Actions or Cases at his pleasure And forasmuch as the said Archbishop cannot at this present in his own person attend these Services which are otherwise proper for his Cognisance and Iurisdiction and which as Archbishop of Canterbury he might and ought in his own person to have performed and executed in Causes and Matters Ecclesiastical in the proper Function of Archbishop of that Province We therefore of Our Regal Power and of Our Princely Care and Providence that nothing shall be defective in the Order Discipline Government or Right of the Church have thought fit by the Service of some other Learned and Reverend Bishops to be named by Us to supply those things which the said Archbishop ought or might in the Cases aforesaid to have done but for this present cannot perform the same Know ye therefore That We reposing special Trust and Confidence in your approved Wisdoms Learning and Integrity have nominated authorised and appointed and do by these presents nominate authorise and appoint you the said George Lord Bishop of London Richard Lord Bishop of Durham John Lord Bishop of Rochester John Lord Bishop of Oxford and William Lord Bishop of Bathe and Wells or any four thrée or two of you to do execute and perform all and every those Acts Matters and things any way touching or concerning the Power Iurisdiction or Authority of the Archbishop of Canterbury in Causes or Matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop himself might have done And We do hereby Command you and every of you to attend perform and execute this Our Royal Pleasure in and touching the premisses until We shall declare Our Will and Pleasure to the contrary And We do further hereby Will and Command the said Archbishop of Canterbury quietly and without interruption to permit and suffer you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells any four thrée or two of you to execute and perform this Our Commission according to Our Royal Pleasure thereby signified And We do further Will
are imprisoned will have mercy but we leave that we must not counsel you If in Justice we ought to deliver you we would do it But upon these grounds Records Presidents and Resolutions cited and produced the Court is of opinion they cannot deliver you but you must be remanded Whilst these Arguments about the Loan were in agitation which began in October in Michaelmas-Term various Reports and Advertisements came from the Isle of Rhee Sometime That they were in a Treaty with the Duke to surrender the Citadel unto him Others wrote That it was but a device of the Governor to get time till Relief came And many were dissatisfied with the Presents and Complements which passed between the Duke and the Governor of the Citadel Civilities to an enraged Enemy as was said seldom producing good effect Besides it was observed the Governor by his frequent sending out of Messengers though in a military way with Drums and Trumpets gave the Enemy advantage of seeing the Works and Army But the Vulgar sort at home spake more plainly of the miscarriages at Rhee how all things went there The clean contrary way It hath been observed when things come to be Vox populi it is commonly an ill presage But at this time persons of better quality and judgment gave out odd speeches concerning Affairs at Rhee That the business could not go well at the Isle of Rhee That there must be a Parliament That some must be sacrificed That Bishop Laud was as like as any The Bishop hearing of these speeches and that they were doubled being spoken by several persons he acquainted the King therewith who replied unto him Let me desire you not to trouble your self with any reports till you see me forsake my other Friends c. And the Parliament which afterwards followed said Bishop Laud sought his ruine which by the Kings sudden dissolution thereof was prevented and the Kings other Friends by that means not forsaken Notwithstanding these reports the King is resolved speedily to set to Sea divers Ships with a further supply of Soldiers to be sent to the Army in the Isle of Rhee and commands to press certain Companies of Soldiers and Mariners who were to rendevouz at Plymouth and from thence to be imbarqued and disposed as aforesaid In order to which service the King by Commission appointed the said Soldiers and Mariners to be at present under the Command of Charls L. Vicount Wilmot But afterwards his Majesty by Commission did constitute and appoint the Earl of Holland to repair to Plymouth and there to take into his charge and under his command the oversight rule order and government of all the said Soldiers and Mariners both at Sea and Land and to see them and all Provisions and Necessaries to be shipped and with all conveniencie to be transported and conducted to the Isle of Rhee and a Squadron of Ships was also appointed for their transportation and he was to deliver them under the command of the Duke of Buckingham Admiral of England and General of the Army But before the Earl of Holland set sail let us see what they are doing at the Isle of Rhee The first news we meet with there is That the French notwithstanding our Army at Land and a hundred Sail of Ships at Sea had got into the Harbor with relief of Provisions And that Sir Iohn Burroughs the 20. of September going to take a view of the Works was shot with a bullet whereof he presently dyed His death was much lamented having been a great Honor to the English Nation both at home and abroad About this time landeth Sir Pierce Crossby and some other Commanders with about Sixteen hundred English and Irish which came as an Assistance to the Forces before Rhee And now Toras the Governor began to foresee want notwithstanding his late supply and to study all ways and means how to give advertisement to the King of France of the low condition he was reduced unto Sandgrein a Frenchman adventured out of the Citadel and privately escaped the Guards and got with Intelligence to the King of France Yet Toras fearing left he might miscarry prevailed with three of his men promising large rewards to adventure their lives and to swim to the shore of the main Continent Two miscarried but the third got safe and delivered the Message which the Governor entrusted him with In the mean time more small Vessels got into the Harbor under the Citadel and was a further though small Supply unto them But the King of France was extremely allarm'd by the advertisement from Toras and thereupon blocks up Rochel with his Army as if he had designed the taking of it but the main end in seeming to design the Army against Rochel was thereby to take the opportunity to be near at hand to land Forces under the favor of the Little-Fort so much neglected at first and to put Victuals into the Citadel at S. Martins which was at that time reduced to a low condition And the same was effected time after time and supplies of men and victuals got in notwithstanding the English Guards at Land and Sea which now and then took some of the Vessels but nevertheless so much provision got in as served their occasion in the Citadel to the end of the Siege Now the Rochellers after they had in vain continued promises of obedience to the King of France and entettained a division among the Protestants one Party crossing another and finding the evil consequence of the division they put forth a Manifesto and declare for England and the Duke of Rhoan having given Commissions to raise Forces to assist the English declareth in preservation of the Edict of two Peaces and protesteth not to demand any thing but the observation of the said Edicts On the other part the King of France declareth and promiseth That he will on his part observe the said Edict And further declares the Duke of Rhoan to be drawn to death and declares Sobiez a Traitor and that he that should kill him should be accounted Noble By this time the French had got a great supply of Shipping from the Spaniard for their assistance which with their own made up above a hundred Sail exceeding the English Navy in number yet did avoid engaging with the English Fleet exercising all their skill and art how to get in a good and round supply of Provision into the Citadel and Toras the Governor employed his wit to gain time to that end by entertaining a Treaty of Surrender upon honorable terms and prevails with the Duke that he may first send to the King of France that he might come off with honor The Duke consents thereunto on condition that an English Gentleman an Attendant upon the Duke might go with that Party which Toras sent and have a safe conduct through France to pass into England And so they both go to the Court of France where the English Gentleman
Articles of Marriage p. 86. The Oath taken by him p. 88. Swears to private Articles p. 88 89. And afterwards findes delays in Spain p. 102. Resolves to depart thence and leave a Proxy with Bristol p. 103. Feasts the Spanish Dons aboard his Ship p. 104. Arrives safe in England ibid. Left private Instructions with Bristol to contradict the Proxy ibid. Attests the Dukes Narrative in Parliament p. 119 Is Proclaimed King p. 169. New swears the old Privy Council ibid. Pursues their Advice p. 170. Puts forth a Proclamation of Government p. 171. Attends in person his Fathers Funeral ibid. Continues the Duke intimately in favor ibid. Levies Soldiers for the Palatinate p. 172. Signs the Articles of Marriage with France ibid. The Marriage solemnised in France p. 173. Sends the Duke of Buckingham into France to attend the Queen into England p. 174. And meets the Queen at Dover ibid. The Marriage consummated at Canterbury ibid. Brings her to London ibid. His first Speech in Parliament p. 175. The Lord Keepers Speech by his direction p. 176. Owns Montague as his servant p. 178. Adjourns the Parliament to Oxford ibid. His Ships employed against Rochel ibid. His Speech at the Parliament in Oxford p. 181. Seconded by the Lord Conway and Secretary Cook p. 182. He Answers the Commons Petition against Recusants p. 185. Sends a Message for supply p. 194. The Commons insisting still upon grievances he dissolves the Parliament p. 195. And follows his design of War ibid. Sends out Privy Seals for money p. 196. Disarms Recusants p. 198. Sends out his Fleet and Army under command of Viscount Wimbleton p. 198 199. Their unsuccessful Voyage p. 200. He now prohibites trade with Spain p. 201. Takes the Seal from Lord Keeper Williams p. 202. Calls a Parliament ibid. Prepares for his Coronation p. 203. Commands all of Forty pound per annum to appear and receive the Order of Knighthood ibid. The manner of his Coronation p. 204. The King is present at the opening of the second Parliament p. 206. And commands the Lord Keeper Coventry to speak what he intended himself to have said ibid. Forbids resort to hear Mass p. 216. The Kings Letter to the Commons to hasten supply p. 218. Seconds it with a Message p. 219. To which the Commons sent an Answer p. 220. The Kings Reply ibid. And sends another Message concerning Mr. Cook and Doctor Turner p. 222. Three Subsidies and three Fifteens Voted to be given him p. 225. And hot Debate against the Duke ibid. Whereupon the King speaks to the Parliament ibid. And refers to the Lord Keeper to speak further p. 225 226 c. And speaks again himself p. 229. His Speech explained by the Duke ibid. Receives a Petition touching Nobility p. 237. His Letter to Bristol p. 241. His Message concerning Bristol p. 243. Receives a Remonstrance from the Commons concerning the Duke p. 247. Adjourns the Parliament for a week p. 250. He is attended by some Bishops concerning the Duke p. 251. Leaves the House at liberty to present the matter concerning the Duke p. 252. His Message on behalf of the Duke against Bristol p. 260. His Speech on behalf of the Duke p. 361. Commits Sir Dudley Diggs and Sir John Elliot p. 362. Releases them p. 364. His Message concerning the Earl of Arundel p. 368. His Answer to the Lords Petition p. 371 372. His further Answer concerning the Earl of Arundel p. 373. Another Message from the King concerning the said Earl p. 374 375. The Earl of Arundel set at liberty p. 375. His Message to the Parliament that they hinder not the Election of the Duke as Chancellor of Cambridge p. 376 377. His Letter to that University on the Dukes behalf p. 378. His Letter to the Speaker concerning Supply p. 394. The Commons Petition him against Recusants p. 395. A Speech made to him by Sir Hennage Finch concerning the Duke p. 401. His Commission to dissolve the Parliament p. 403 The Parliaments Remonstrance to him p. 404 405 c. His Proclamation against the said Remonstrance p. 415. And another against disputing about Arminian Controtroversies p. 416. Causes an Information to be preferred against the Duke p. 417. Prohibites the Book of Bounty ibid. Takes the Forfeiture arising from Recusants ibid. Grants a Commission to compound with Recusants p. 418. His Proclamation to make his Revenue certain ibid. Sends to his Nobles to lend him money ibid. Demands of the City of London the Loan of One hundred thousand pounds p. 419. Requires Port Towns to furnish Ships ibid. Which the Ports in Dorsetshire dispute ibid. The City of London the like and are checked ibid. Issues forth Privy Seals p. 420. Requires inhabitants in Port Towns to repair to their Houses ibid. Sends Ships to the River Elbe ibid. Declares the King of Denmarks overthrow to be one ground of the Loan p. 422. Puts forth a Declaration concerning the Loan ibid. Gives private Instructions concerning the Loan ibid. Grants a Commission for Martial Law p. 423. Displaces Sir Randal Crew about the Loan and makes Sir Nicholas Hide Chief Iustice p. 424. Sends Six thousand English into the Netherlands pag. 425. Makes Sir Charles Morgan General of them ibid. Causes refusers of Loan money to be pressed for Soldiers p. 426. Dissatisfied with the French about the Queen p. 427. and dismisses them p. 428. His Declaration concerning a War with France p. 429. Makes the Duke of Buckingham Admiral and General and gives him a Commission ibid. Secures several Gentlemen for not paying the Loan money p. 433. Grant a Commission to sequester Archbishop Abbot p. 435. Appoints a supply to be sent to the Duke under the Earl of Holland p. 466. A List of the Debt the King owes for Fraights of Ships upon the two Expeditions to Cadize and Rhee p. 470. Calls a Parliament p. 476. Set at liberty the imprisoned Gentlemen about the Loan money p. 477. A List of those Gentry imprisoned by the King about Loan money ibid. His Commission for an Imposition in nature of an Excise considered of p. 478. His Privy Seal to pay Thirty thousand pound for raising of German Horse ibid. His Speech at the opening of the Third Parment p. 480. Lord Keepers Speech by his direction p. 481. The Speakers Speech to him p. 484. Petition to him for a Fast p. 494. His propositions for supply p. 502. His Propositions touching supply again mentioned p. 509. His Answer to the Petition against Recusants p. 511. His Propositions debated p. 525 526. His Message concerning words said to be spoken p. 529. Another Message to secure Liberties by Bill p. 530 531. Subsidies resolved to be presented unto him ibid. The Kings Answer concerning the same ibid. The Dukes Speech concerning the Commons liberal gift to the King ibid. A Message from him against a Recess at Easter p. 543. A Message from the King to hasten supply p. 544. The Speakers Speech unto him at the delivery of the Petition against Billeting
Soldiers commanded not to disband Trade prohibited with Spain Trained Bands exercised Part of Michaelmas Term adjourned The Term at Reading Hopes of a Parliament Sir Edward Cook High Sheriff his exceptions to the Sheriffs Oath The Seal taken from Bishop Willâ—ams sequestred formerly and given to Sir Thomas Coventry A Parliament Summoned Recusants to be Excommunicated The King resolved to leave Mr. Montague to the Parliament Preparations for the Kings Coronation A Proclamation for all that have Forty pound per annum to come and receive the Order of Knighthood A Thanksgiving for the Plagues ceasing Number of those who died of the Plague The Ceremonies at the Kings Coronation Archbish. P.P. The Kings Answer A Second Parliament meets The Lord Keepers Speech Sir Hennage Finch chosen Speaker His Speech Grievances taken into consideration Grievances laid open Articles against Mr Montague People prohibited for going to Mass at Ambassadors Houses The Atturney's Letter to the Judges concerning Recusants The Council of War for the Palatinate questioned in the House of Commons The Earl of Pembroke at a Conference presseth Supply Reports from the Committee concerning Evils and Remedies A Committee of the Lords House to consider of the safety of the Kingdom comunicated to the Commons Not well resented The Kings Letter to the Speaker Sir Richard Westons Message The Commons Answer to the Kings Message by Sir Richard Weston The Kings Reply Doctor Turners Queries against the Duke Another Message from the King by Sir Richard Weston Dr. Turners Explanation Dr. Turners Letter to the Speaker Sir W. Walters opinion of the Cause of Grievances Sir Iohn Eliot pursues the Argument against the Duke Three Subsidies and Three Fifteens Voted Debate concerning the Duke resumed The Kings Speech March 29. The Lord Keepers Speech The King proceeds The Duke at a Conference explains the Kings late Speech and the Lord Keepers Declaration The Duke renders an account of his Negotiation in the Low-Countreys The Lord Conway vindicates the Duke A List of Moneys disbursed for the War The Lords Petition touching Precedency chalenged by Scots and Irish Nobles The Lord Conways Letter to the Earl of Bristol The Earl of Bristols Letter to the Lord Conway The Earl of Bristol petitions the House of Lords The Petition referred to the Committee of Priviledges The Kings Letter to the Earl of Bristol The Earl of Bristol Petitions the Lords upon receipt of his Writ A Message from the King to the House of Lords The Marshal of Middlesex's Petition touching Priests The Commons Remonstrance to the King in Answer to his Majesties and the Lord Keepers Speech The House adjourned for a week Private advice given to the Duke The Bishops commanded to attend the King The Dukes answer to a Message from the Commons reported Glanviles report from the Committee The Kings Message touching new matter against the Duke The Earl of Bristol brought to the bar of the Lords House Articles against the Earl of Bristol The Earl of Bristols expressions at the time of his Accusation The Earl of Bristols speech at the Bar of the Lords House at the delivery of his Articles against the Duke He layes open his Case to the Parliament The Lord Chamberlain attests the truth of what the Earl had said The Earl proceeds The Earl of Bristols Articles against the Duke The Earl of Bristols Articles against the Lord Conway A Message from the King to the Lords concerning Bristol's Articles against the Duke The Reasons The Earl of Bristols Speech by way of Introduction before he gave in his Answer His Service to the Palatinate when he was Ambassador to the Emperor His Service to the Palatinate before his Ambassie to the Emperor His arrival in Spain and behavior there His carriage concerning the Match Means to shew that the Match was intended by the Spaniard Bristol not the cause of the Delays in Spain He never disswaded the King to take Arms. He advised both King and Prince to a Protestant Match He never moved his Majesty to set Priests at liberty A Declaration signed by my Lord Conway in behalf of Roman Catholicks He perswaded not the Prince to change his Religion He advised both King and Prince if they will Match with a Catholick rather to Spain then France but cheifly to a Protestant Princess He constantly professed the Protestant religion King Iames proposeth a Match to the Prince Palatine between his eldest son and the Emperors daughter The Earls Reasons why he was forward to consummate the Match til warrant came to the contrary The restitution of the Palatinate promised by the King of Spain and Olivarez The advantages of the Spanish Match to England The Commons Articles against the Duke His ingrossing many Offices Plurality of Offices His buying of Offices His buying the Cinque 〈◊〉 the Lord Zouch The first Article enlarged by Mr. Herbert The second and third enlarged by him His neglect of guarding the Seas His taking a Ship called St Peter of Newhaven The fourth Article enlarged by Mr Selden The Fifth Articles enlarged by Mr Selden His delivering Ships into the hands of the King of France Those ships to be used to his knowledge against Rochel Mr. Glanvile enlargeth the Sixth Article Mr. Glanvile inlarges the Seventh and Eighth Articles Mr. Pym enlargeth the 11. Article The 10. Article enlarged His imbezling and engrossing the Kings money and Lands Mr Sherland enlarges the Ninth Article He enlargeth the Twelfth Article The Thirteenth Article enlarged by Mr. Wandesford Sir Ioh â—llâ—â—â—â— speech concluding the Dukes Impeachment Sir Iohn Elliot and Sir Dudley Diggs committed to the Tower Private Suggestions to the King in behalf of the Duke Kings Speech concerning the Duke The Commons Message by Sir Nath. Rich to seeure the Duke The Dukes Speech against the Commons The Commons discontented at the imprisonment of their Members Sir Dudley Carleton's Speech The Commons Protestation touching words imputed to Sir Dudley Diggs Sir D. Diggs released out of prison protests he never spake the words charged on him The King is satisfied that the words were not spoken The Duke dissatisfied Thirty six Lords protest they heard not the words supposed to be spoken at a Conference Sâ—r Iohn Elliot is released out of the Tower Is charged by Sir Dudley Carlton for his Speech against the Duke He dischargeth himself The Lords Petition to the King about the Earl of Arundel imprisoned in the time of Parliament The Kings Message to the Lords touching the Earl of Arundel The Lords resolved to maintain their priviledges A Remonstrance and Petition of the Peers in behalf of the Earl of Arundel The Kings first Answer to the Remonstrance and Petition The King promiseth to answer the said Remonstrance The Lords are urgent for an Answer The King returns another Answer to the Lords touching the Remonstrance Another Petition to the King touching the Earl of Arundel The King takes exception at the Petition The Lords desire to know of his Majesty to what part of the Petition he takes
they ought not to have righted themselves before Legal Complaint and a denial on our part and then by way of Reprisal and not by Imbargo So that the Duke doth humbly leave it to the consideration of your Lordships whether the harm which hath hapned to our Merchants hath not been more occasioned by the unseasonable justifying of the actions of the French which animated them to increase their injuries then by any act either of the Duke or any other To this Article which consisteth of two main Points the one of the Extorting Ten thousand pounds unjustly and without right from the East-India Company the other admitting the Duke had a right as Lord Admiral the compassing it by undue ways and abusing the Parliament to work his private ends the Duke giveth this Answer wherein a plain Narration of the Fact he hopeth will clear the Matters objected and in this he shall lay down no more then will fully appear upon Proof About the end of Michaelmas Term 1623. the Duke had information given him by a principal Member of their own Company that the Company had made a great advantage to themselves in the Seas of East-India and other parts of Asia and Africa by rich prizes gotten there forcibly from the Portugals and others and a large part thereof was due to his Majesty and to the Duke as Admiral by the Law for which neither of them had any satisfaction Whereupon directions were given for a legal prosecution in the Court of Admiralty and to proceed in such Matter as should be held fittest by the Advice of Council In the Moneths of December and Ianuary in that year divers Witnesses were examined in the Admiralty according to the ordinary course of that Court to instruct and furnish Informative Processes in this behalf After the Tenth of March 1623. an Action was commenced in the Court in the joynt names of his Majesty and the Admiral grounded upon the former proceeding this was prosecuted by the Kings Advocate and the demand at first was Fifteen thousand pounds The Action being thus framed in both their names by Advice of Council because it was doubtful in the judgment of the Council Whether it did more properly belong to the one or to the other or to both and the form of entring that Action being most usual in that Court on the Eight and twentieth of April 1624. the Judicial Agreement and Sentence passed thereupon in the Admiralty Court wherein the Companies consent and their own offer plainly appeareth so that for the second part of the right it were very hard to conclude that the Duke had no right contrary to the Companies own consent and the sentence of the Court grounded on their Agreement unless it shall fully appear That the Company was by strong hand inforced thereto and so the money extorted Therefore to clear that scruple That as the matter of the Suit was just or at least so probable as the Company willingly desired it for their peace so the manner was as just and honorable your Lordships are humbly entreated to observe these few true Circumstances The Suit in the Admiralty begun divers moneths before the first mention of it in Parliament and some moneths before the beginning of it in that Parliament it was prosecuted in a legal course and upon such grounds as will yet be maintained to be just The Composition made by the Company was not moved by the Duke but his late Majesty on the behalf of himself and of the Duke treated with divers Members of the Company about it and the Duke himself treated not at all with them The Company without any compulsion at all agreed to the Composition not that they were willing to give so much if they might have escaped for nothing but that they were willing to give so much rather then to hazard the success of the Suit And upon this Composition concluded by his Majesty the Company desired and obtained a Pardon for all that was objected against them The Motion in Parliament about the stay of the Companies Ships then ready prepared and furnished was not out of any respect to draw them the rather to give the Composition but really out of an apprehension that there might be need of their strength for the defence of the Realm at home and if so then all private respects must give way to the Publick Interest These Ships upon the importunity of the Merchants and Reasons given by them were suffered nevertheless to fall down to Tilbury by his late Majesties direction to speed their Voyage the better whilst they might be accommodated for this Voyage without prejudice to the publick safety they were discharged when there was an Accommodation propounded and allowed which was That they should forthwith prepare other Ships for the home service whilst those went over with their Voyage which they accordingly did That the Motion made in the Commons House was without the Dukes knowledge or privity That when there was a rumor that the Duke had drawn on the Composition by staying of the Ships which were then gone the Duke was so much offended thereat that he would have had the former Communication to have broken off and have proceeded in a legal course and he sent to the Company to that purpose but the Company gave him satisfaction That they had raised no such rumor nor would nor could avow any such thing and entreated him to rest satisfied with their publick acts to the contrary That after this their Ships being gone themselves careful of their future security solicited the dispatch of the Composition consulted with Councel upon the Instruments which passed about it and were at the charge thereof and the money was paid long after the sentence and the sentence given after the Ships were gone and no security given at all for the money but the sentence and when this mony was paid to the Duke the whole sum but Two hundred pounds thereof onely was borrowed by the King and employed by his own Officers for the service of the Navy If these things do upon proof appear to your Lordships as is assured they will he humbly submitteth it to your judgments how far verbal Affirmations or Informations extrajudicial shall move your judgments when Judicial Acts and those things which were acted and executed prove the contrary To this Article which is so mixt with Actions of great Princes as that he dareth not in his duty publish every passage thereof he cannot for the present make so particular an Answer as he may hath and will do to the rest of his Charge But he giveth this general Answer the truth whereof he humbly prayeth may rather appear to your Lordships by the Proofs then by any Discourse of his which in Reason of State will happily be conceived fit to be more privately handled That these Ships were lent to the French King at first without the Dukes Privitie That when he knew it he did that which belonged