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
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
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
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
and other Lands to the said Title of Earl of Arundel 11. An Act to assure the Joynture of the Lady Francis Nevil and to enable the Lord Abergavenny to sell Lands 12. An Act concerning the Lands of William Earl of Devon 13. An Act to confirm the Estates of the Lord Morlies Tenants in Tatham and Gressingham 14. An Act for reestating of Lands of William Morgan Esq and discharging the trust concerning them 15. A Declararation of the Commons against Doctor Manwaring 16. An Act to enable Dutton Lord Gerrard to make a Joynture to any Wife that he shall hereafter marry and to provide for younger children and the securing of Portions for Alice Frances and Eliz. Gerrard sisters of the said Lord Gerrard 17. An Act for restitution in blood of Carew Rawleigh Esq and to confirm Letters Patents made to the Earl of Bristol by King James 18. An Act for the Naturalizing of Isaac Ashley Henry Ashley Thomas Ashley and Bernard Ashley sons of Sir Jacob Ashley Knight 19. An Act for Naturalizing of Samuel Powel 20. An Act for the naturalizing of Alexander Levingston Gent. 21. An Act for the naturalizing of John Trumbal and of William Beere Edward Beer and Sidney Beere and Samuel Wentworth 22. An Act for the amendment of a word miswritten in an Act made An. 21. Iac. R. to enable Vincent Lowe Esq. to sell Lands c. 23. An Act for naturalizing of Sir Robert Ayton Knight 24. An Act for confirmation of Letters Patents made by King James to John Earl of Bristol 25. An Act for naturalizing of John Aldersey Mary Aldersey Anne Aldersey Eliz. Aldersey and Margaret Aldersey c. 26. An Act for the naturalizing of Daniel Delingue Knight 27. An Act for the naturalizing of Sir Robert Dyel Kt. and George Kirk Esquire 28. An Act for the naturalizing of James Freese In the Interval between the two Sessions there happened many remarkable passages DOctor Manwarings Sermons intituled Religion and Allegiance were suppressed by Proclamation the King declaring that though the grounds thereof were rightly laid to perswade obedience from Subjects to their Sovereign and that for conscience sake yet in divers passages inferences and applications thereof trenching upon the Laws of this Land and proceedings of Parliaments whereof he was ignorant he so far erred that he had drawn upon himself the just censure and sentence of the High Court of Parliament by whose judgement also that Book stands condemned Wherefore being desirous to remove occasions of scandal he thought fit that those Sermons in regard of their influences and applications be totally suppressed Then a Proclamation came forth declaring the Kings pleasure for proceedings with Popish Recusants and directions to his Commissioners for making compositions for two parts of three of their Estates which by Law were due to his Majesty neverthelesse for the most part they got off upon easie tearms by reason of compositions at undervalues and by Letters of Grace and protection granted from time to time to most of the wealthiest of them This was seconded with another Proclamation commanding that diligent search be made for all Priests and Jesuites particularly the Bishop Calcedon and others that have taken Orders by authority from the See of Rome that they be apprehended and committed to the Goale of that County where they shall be found there to remaine without Bayle or Mainprize till they be tryed by due course of Law and if upon trial and conviction there shall be cause to respit the execution of any of them they shall not lie in the Common Goals much lesse wander about at large but according to the example of former times be sent to the Castle of Wisbitch or some other safe prison where they shall remain under strait and close custody and be wholly restrained from exercising their function and spreading their superstitious and dangerous doctrines Hereupon the Privy Councel wrote to the Bishop of Ely a Letter of the tenour following WHereas his Majestie hath beene informed that the Romish Priests Jesuites and Seminaries lurking in this Kingdome do obstinately and maliciously continue their wonted practises to supplant the true Religion established and to seduce his people from obedience stirre up sedition and subvert the State and Government so far as it lieth in their power his Majesty hath therefore commanded us to signifie unto your Lordship that it is his expresse will and pleasure according to his Declaration in Parliament and his Royal Proclamation since published you shall forthwith prepare and make ready the Castle of Wisbitch in the Isle of Ely to receive and lodge all such Priests Jesuites and Seminaries and other prisoners as shall be hereafter sent thither and there treat and governe them according to such instructions and directions as shall be prescribed by this board The Jesuites taken in Clarken-well being then in several prisons it was ordered by the Councel they should all be removed to Newgate and such of them as were not as yet convicted and condemned should be proceeded against untill they were condemned and then that they all should be sent to the Castle of VVisbitch according to the Proclamation in that behalf and the Attorney General was required to take course to entitle the King to the goods taken in the house which was designed for a Colledge and accordingly they were proceeded against and but onely one convicted which proceeding was questioned in the ensuing Session of Parliament And upon Information that there was a greater concourse of Recusants in or near London then had been usual at other times the Privy Councel sent to the Lord Mayor to require him to cause diligent search to be made within the City and Liberties thereof and to finde out what Recusants did inhabit or remaine there as House-keepers Inmates or Lodgers or in any manner and to return a certificate to the board both of their names and qualities distinguishing which were Trades-men that were there by occasion of their Trades according to to the Statute in that behalf and which were of no Trade but resorted thither from other parts of the Kingdom Iuly 15. being St. Swithins day Sir Richard VVeston Chancellor of the Exchequer was made Lord Treasurer of England and the same day was Bishop Laud translated to the Bishoprick of London About the same time Master Montague formerly mentioned was designed to the Bishoprick of Chichester upon the decease of Bishop Carleton Neverthelesse his Appello Caesarem was thought fit to be called in the King declaring that out of his care to maintain the Church in the unity of true Religion and the bond of peace to prevent unnecessary disputes he had lately caused the Articles of Relgion to be reprinted as a rule for avoiding diversities of opinions and considering that a Book written by Richard Montague now Bishop of Chichester intituled Apello Caesarem was the first cause of those disputes and differences which since have much troubled the quiet
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
stirring of sedition Seditio as an approved Author saies imports discordiam to wit when the members of one body fight one against another The Lord of St. Albans who was lately the Lord Chancellor of England and was a Lawyer and great States-man likewise and well knew the acceptation of this word Sedition in our Law hath made an Essay of Sedition and the Title of the Essay is Of Seditions and Tumults the whole Essay deserves the reading And there is a Prayer in the Letany From sedition and heresie c. So that there Sedition is taken as a kind of Sect. This being the naturall signification of the word then the next labour shall be to see if any thing in our Law crosse this exposition And it seems clearly that there is not 2 H. 4. cap. 15. And it is in the Parliament-Roll numb 48. against Lollards who at that time were taken as hereticks saies That such Preachers which excite and stir up to sedition shall be convented before the Ordinary c. There sedition is taken for dissention and division in doctrine And this is not made treason by the said Statute although the said Statute be now repealed by the Statute of 25 H. 8. c. 4. 1 and 2 Phil. Mar. c. 3. which is in Rastall Newes 4. which is an act against seditious words and newes of the King and Queen which is a great misdemeanor and yet the punishment appointed to be inflicted by the said Statute is but the Pillory or a Fine of 100 l. And the said Statute by the Statute of 1 Eliz. c. 16. was extended to her also which Statute now by her death is expired which I pray may be observed 13 Eliz. cap. 1. against those who seditiously publish who are the true heirs of the Crown that they shal be imprisoned for a year c. And 13 Eliz. c. 2. the seditious bringing in of the Pope's Buls is made treason which implies that it was not so at the Common Law 23 Eliz. c. 2. If any person shal devise write or print any book containing any fals seditious and slanderous matter to the stirring up or moving of any rebellion c. every such offence shal be adjudged Felony And in an Indictment upon the said Statute which see Cook 's Entries f. 352.353 there are the words rebellionem seditionem movere and yet it is but felony 35 Eliz. c. 1. made against seditious Sectaries Also there are certain Books and Authorities in Law which expresse the nature of this word Sedition C. 4.13 the Lord Cromwell's case In an action for those words You like of those that maintain seditions against the Queens proceedings the Defendant pleaded That he intended the maintenance of a seditious Sermon and this was adjudged a good plea and â—ustification From which it followes that the Seditious Sermon mentioned in the Declaration and the maintaining of sedition against the Queen is all of one signification for if they might have been taken in a different sense the justification had not been good Phillips and Badby's case which is in C. 4. 19. a. which was objected by Serjeant Berkley makes strongly for me for there an action upon the case was brought by a person for those words Thou hast made a seditious Sermon and moved the people to sedition this day And although it were there adjudged that the action lay yet the reason of the Iudgment is observable which was because the words scandalize the Plaintiff in his profession which imply that if they had not scandalized him in his profession no action would have lain And ordinary words if they scandalize a man in his profession are actionable as to say to a Iudge that he is a corrupt man or to a Merchant that he is a Bank-rupt although if they were spoken to another man they would not bear an action And although the Book say that no act followed there yet if the matter objected had been treason the very will had been punishable and by consequence a great slander But it is observed that words which imply an inclination onely to sedition are not actionable as Seditious knave but inclination to treason is treason therefore words which imply it are actionable And also for divers words an action upon the case will lye which induce not treason or felony as for calling a woman Whore by which she loseth her marriage and such like Then sedition is no offence in it self but the aggravation of an offence and no Indictment as I have said afore was ever seen of this singly by it self Tr. 21. E. 3. roll 23. Sir John Garbut's case which was put before by Mason the Indictment was in prejudice of his Crown and in manifest sedition and yet the offence there was but a Robbery It is true that upon his arraignment he stood mute therefore the Roll is that he was put to penance that is so strong and hard pain and this proves that it was not treason for if a man arraigned of treason stand mute yet the usuall judgment of treason shall be given on him And it is true also that he cannot have his Clergy because insidiator viarum was in the Indictment which if it was outs the party of his Clergy untill the Statute of 4 H. 4. c. 2. as is observed in C. 11. Poulter's case And upon the same Roll of 21 E. 3. there are four other Indictments of the same nature where Seditiosè is contained in them Anno 1585 Queen Elizabeth sent a Letter which I have seen by the hands of the noble Antiquary Sir Robert Cotton to the Maior of London for the suppressing of divers seditious Libels which were published against her Princely Government and yet in the conclusion of the Letter it appears that they were onely against the Earl of Leicester and this was to be published onely by Proclamation in London 5 H. 4. numb 11. and 13. The Earl of Northumberland preferred a Petition to the King in Parliament in which he confesseth that he had not kept his Majesties Laws as a liege subject and also confesseth the gathering of power and the giving of Liveries Wherefore he petitioned the worship of the King for so are the words for his grace The King upon this Petition demanded the opinion of the Lords of Parliament and of the Iudges assistant if any thing contained within the said Petition were treason or no and it was resolved by them all that nothing as it is mentioned in the said Petition was treason but great misdemeanors and yet truly though not fully there mentioned it was a great rebellion and insurrection But they adjudged according to the said Petition as you are now to judge upon the Return as it is made here In Mich. 33 Cawdry's case Sedition and Schism were described As schism is a separation from the unity of the Church so sedition is a separation from the unity of the Common-wealth And an Author saies that a seditious person differs from a
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
ours and the Honor his XXIII His sickness at the beginning more grievous then it seemed a sharp melancholy humor set on fire though ushered in by an ordinary Tertian Ague XXIV He was from the beginning of his sickness scarce out of an opinion that he should die and therefore did not suffer the great Affairs of Christendom to move him more then was fit for he thought of his end XXV His devout receiving of the Blessed Sacrament XXVI His Regal Censure of the Moderate Reformation of the Church of England and particularly for the care of retaining of Absolution the comfort of distressed Souls XXVII His continual calling for Prayers with an assured confidence in Christ. XXVIII His death as full of patience as could be found in so strong a death XXIX His Rest no question is in Abrahams Bosome and his Crown changed into a Crown of Glory Another writes thus of that King in the Book entituled the Reign of King Charles IN the stile of the Court he went for Great Britains Solomon nor is it any Excursion beyond the Precincts of Verity to say That neither Britain nor any other Kingdom whatsoever could ever since Solomons days glory in a King for recondite Learning and abstruse Knowledge so near a Match to Solomon as he And though he was an Universal Schollar yet did he make other Sciences their most proper employment but Drudges and Serviteurs to Divinity wherein he became so transcendently eminent as he notoriously foiled the greatest Clerks of the Roman See Nor did his Theological Abilities more advantage the Cause of Religion abroad then at home they keeping the new-fangled Clergy aloof and at distance as not daring to infuse into so solid a Judgment their upstart and erroneous Fancies no nor disquiet the Churches peace with Heterodox Opinions A stout Adversary he was to the Arminians and Semipelagians whom he called as Prosper before him The Enemies of Gods Grace And as slender a Friend to the Presbytery of whose Tyrannical and Antimonarchical Principles he had from his Cradle smart experience He was an excellent Speaker the Scheme of his Oratory being more stately then pedantick and the Expressions argued him both a King and a Schollar In his Apparel and Civil Garb he seemed naturally to affect a Majestick carelesness which was so Hectick so Habitual in him as even in Religious Exercises where the Extern Demeanor is a grand part of that Sacred Homage he was somewhat too incurious and irreverent He was indulgent a little to his Palate and had a smack of the Epicure in Pecuniary Dispensations to his Favorites he was excessive liberal yea though the exigence of his own wants pleaded Retension Studious he was of Peace somewhat overmuch for a King which many imputed to pusillanimity and for certain the thought of War was very terrible unto him whereof there needs no further demonstration then his management of the Cause of the Palatinate For had he had the least scintillation of Animosity or Majestick Indignation would he have so long endured his Son-in-Law exterminated from his Patrimony while the Austrian Faction to his great dishonor cajoled and kept him in delusory Chat with specious fallacies would he in those several Negotiations of Carlisle Bristol Belfast and Weston have trifled away so vast sums the Moity whereof had they been disposed in Military Levies would have Modelled an Army able when Heidelburgh Manheim and Frankendale defended themselves to have totally dissipated all the Forces of the Usurpers to have mastered the Imperious Eagle enforcing her to forego her Quarry and reestated the Palsgrave would he so shamefully have Courted the Alliance of Spain to the very great regret of his Subjects whom his Predecessors had so often baffled and whom England ever found a worse Friend then Enemy What stronger evidence can be given in of a wonderful defect of Courage As this lipothymie this faint-heartedness lost him the reputation and respects of his people so his heavy pressures upon them and undue Levies by Privy Seals and the like alienated their Affections especially considering how those Moneys were mis-employed indeed rather thrown away partly in the two dishonorable Treaties of Spain and Germany and the Consequential Entertainments and partly in Largesses upon his Minion Buckingham Between this disaffection and contempt in his people there was generated a general disposition to turbulent and boisterous Darings and Expostulations even against his Darling Prerogative And though those dismal calamities which befel his Son were doubtless ampliated by a superfetation of Causes yet was their first and main existency derivative from those seminalities Let Court-Pens extol the calmness of his Halcyonian Reign with all artifice of Rhetorick yet can they never deny but that admired Serenity had its set in a Cloud and that he left to his Successor both an empty Purse and a Crown of Thorns Sir Francis Bacon when King Iames was living gave this Character of him WHerefore representing Your Majesty many times unto my minde and beholding you not with the eye of Presumption to discover that which the Scripture tells me is inscrutable but with the observant eye of Duty and Admiration leaving aside the other parts of your Virtue and Fortune I have been touched yea and possessed with an extream wonder at these your Virtues and Faculties which the Philosophers call Intellectuals The largeness of your Capacity the faithfulness of your Memory the swiftness of your Apprehension the penetration of your Judgment and the facility and order of your Elocution And I have then thought that of all the persons living that I have known Your Majesty were the best instance to make a man of Plato's opinion That all Knowledge is but Remembrance and that the Minde of Man by Nature knoweth all things and hath but her own Native and Original Notions which by the strangeness and darkness of the Tabernacles of the Body are sequestred again revived and restored Such a Light of Nature I have observed in your Majesty and such a readiness to take flame and blaze from the least occasion presented or the least spark of anothers Knowledge delivered And as the Scripture saith of the wisest King That his heart was as the Sand of the Sea which though it be one of the largest Bodies yet it consisteth of the smallest and finest Portions So hath God given your Majesty a composition of Understanding admirable being able to compass and comprehend the greatest Matters and nevertheless to touch and apprehend the least wherein it should seem an impossibility in Nature for the same Instrument to make it self fit for great and small Works And for your gift of Speech I call to minde what Cornelius Tacitus saith of Augustus Caesar Augusto prosâ—uens quae Principem deceret Eloquentia fuit For if we mark it well Speech that is uttered with labor and difficulty or Speech that savoreth of the affectation of Arts and Precepts or Speech that is framed after the imitation of some pattern
Schedule wherein the names of Ecclesiastical persons were written under the letters O and P O standing for Orthodox and P for Puritans for the Duke commanded that he should thus digest the names of eminent persons to be presented unto the King under that Partition King Charles in the entrance of his Reign proceeds with preparations for a War begun in his fathers time the Militia of the Kingdom through the long continued Peace was much decayed and the Musters of the Trained-bands were slight and seldom taken and few of the Commons were expert in the use of Arms wherefore the Lords Lieutenants were commanded by order of the Council to make a general Muster of the Trained Horse and Foot in their several Counties and to see to the sufficiency of the Men Horse and Arms and that all be compleat according to the best modern form and be in readiness for all occasions and especially now the affairs of Christendom stand upon such uncertain Terms and more particularly that the Maritine Towns be well manned and their men duely exercised and the King declared his will and pleasure that the Lord Lieutenants of the several Shires should have the nomination of their Deputy Lieutenants In the beginning of May Warrants were issued forth for a Leavy of Souldiers to be imployed in the service of his Majesties Brother and Sister the Prince and Princess Palatine whereof eight thousand were pointed to Rendezvous at Plymouth by the five and twenty of this Moneth and the charge of Coat and Conduct was ordered to be disbursed by the Country and the Country to be repaid out of the Kings Exchequer after the President of former times in like manner two thousand men were appointed to Rendezvous at the Port of Hull to be transported into the Netherlands for the service of the United-Provinces and two thousand were to be returned thence into England for his Majesties present service the mingling of a good proportion of old Souldiers and Officers with the new raised Companies was the ground of this exchange The remembrance of the late violence committed by Count Mansfield's Army in their passage to Dover occasioned a Proclamation to repress and prevent the like attempts of Soldiers as they now passed through the Counties to the places of their Rendezvous threatning the Offendors with the strictest proceedings against them for an Example of Terror and straitly commanding the Officers who have the charge of the Conduct for the removing of all occasions and pretences of disorders to see their Companies duely paid and provided of all necessaries and to be alwayes present with them and carefully to conduct them from place to place in like manner to prevent their Outrages when they should come to Plymouth or the parts adjoyning a Commission was sent impowering persons of trust upon any robbery fellony mutiny or other misdemeanors punishable with death by Martial Law committed by the Souldiers or other dissolute persons joyned with them to proceed to the trial and condemnation of all such Delinquents in such Summary course and order as is used in Armies in time of War according to the Law Martial and to cause Execution to be done in open view that others may take warning and be kept in due obedience The consummation of King Charles his Marriage with Henrietta Maria Daughter of France was near at hand The Treaty had proceeded far in his Fathers life time but was not in all points concluded the Articles were signed the year before by King Iames on the eleventh of May and by the French King on the Fourteenth of August On the Thirteenth of March this present year the Earls of Carlisle and Holland being then Ambassadors and Commissioners in France for this Marriage King Charls signed the Articles Besides the general there were other private Articles agreed upon in favor of the Papists of this Kingdom That the Catholicks as well Ecclesiasticks as Temporal imprisoned since the last Proclamation which followed the Breach with Spain should all be set at liberty That the English Catholicks should be no more searched after nor molested for their Religion That the Goods of the Catholicks as well Ecclesiastical as Temporal that were seised on since the forementioned Proclamation should be restored to them And on the Tenth of May as the first fruits of this promised Indulgence and favor the King granted unto Twenty Roman Priests a special Pardon of all Offences committed against the Laws then in force against Papists The Dispensation being come from Rome about the beginning of May the Espousals were made in Paris by Cardinal Richelieu The Ambassadors having first presented to the King the Contract of Marriage which was read openly by the Chancellor and his Majesty of France agreed thereunto The Duke of Chevereux likewise shewed his Procuration of power which the King of England had given him concerning the said Marriage The Archbishop of Paris pretended that it belonged to him to perform this Solemnity but the Cardinal carried it as well for the eminencie of his Dignity as for that he was chief Almoner and prime Curate of the Court. Sunday following the day appointed for these Nuptials the Bride went from the Louure about Nine in the morning to be dressed in the Archbishops house and afterwards the King Queen and Princesses and all the Court in rich Attire parted likewise from the Louure and came to the said house of the Archbishop and thence conducted the Bride to a Theatre exected on purpose before the Frontispiece of Nostre-Dame The Duke of Chevereux had Black habit lined with Cloth of Gold and beset with Diamonds The Earls of Carlisle and Holland Ambassadors were both clad in Beaten-Silver and went on each side of the Duke of Chevereux A Canopy being placed upon the Scaffold the King of France and Monsieur his Brother consigned the Queen of Great Britain their Sister into the hands of the Duke of Chevereux and the Marriage was solemnized according to the ordinary Ceremonies of that Church Which being performed they went in the same order and solemnity to Nostre-Dame the Duke of Chevereux going before the King When they came to the door of the Quire they made great Reverence to the King and Queen and then the Ambassadors retired into the Bishops house while Mass was said in the Church The Mass being ended the Duke of Chevereux and the Ambassadors came again to the door of the Quire to take their places and the same Order was observed in returning as in going And so they came from the Church into the Hall of the Archbishops house where the Feast Royal was made in as great magnificence as can be expressed The King sate under a Canopy at the middle of the Table and the Queen of Great Britain at his left hand and the Queen-Mother at his right the Duke of Chevereux sate next the Queen of England and the Earls of Carlisle and Holland next to the Duke To the intent that all
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
bring in Popery and the professors of those opinions the common disturbers of the Protestant Churches and incendiaries in those States wherein they have gotten any head being Protestants in shew but Iesuites in opinion which caused your Royal Father with so much pious wisdom and ardent zeale to endeavour the suppressing of them as well at home as in the neighbour Countreys And your gracious Majesty imitating his most worthy example hath openly and by your Proclamation declared your mislike of those persons and of their opinions who notwithstanding are much favoured and advanced not wanting friends even of the Clergy near to your Majesty namely Doctor Neale Bishop of Winchester and Doctor Lawd Bishop of Bath and Wells who are justly suspected to be unsound in their opinions that way And it being now generally held the way to preferment and promotion in the Church many Schollars do bend the course of their Studies to maintain those Errors Their Books and opinions are suffered to be printed and published and â—n the other side the imprinting of such as are written against them and in defence of the Orthodox Church are hindred and prohibited and which is a boldnesse almost incredible this restraint of Orthodox Books is made under colour of your Majesties formerly mentioned Proclamation the intent and meaning wherof we know was quite contrary And further to encrease our feares concerning Innovation of Religion we finde that there hath been no smal laboring to remove that which is the most powerful means to strengthen and encrease our own Relgion and to oppose both those which is the diligent teaching and instruction of the people in the true knowledge and worship of Almighty God And therefore means have been sought out to depresse and discountenance pious and painful and Orthodox Preachers and how conformable soever and peaceable in their disposition and carriage they be yet the preferment of such is opposed and instead of being encouraged they are molested with vexatious courses and pursuits and hardly permitted to Lecture And in those places where are no constant preaching Ministers whereby many of your good people whose souls in this case we beseech your Majesty to commiserate are kept in ignorance and are apt to be easily seduced to error and superstition It doth not a little also encrease our dangers and fears this way to understand the miserable condition of your Kingdome of Ireland where without controll the Popish Religion is openly confessed and practised in every part thereof Popish Iurisdiction being there generally exercised and avowed Monasteries Nunneries and other superstitious Houses newly erected re-edified and replenished with men and women of several Orders and in a plentiful manner maintained at Dublyn and most of the great Towns and divers other places of the Kingdome which of what ill consequence it may prove if not seasonably repressed we leave to your Majesties wisdome to Iudge But most humbly beseech you as we assure our selves you will to lay the serious consideration thereof to your royal and pious heart and that some speedy course may be taken for redresse therein And if now to all these your Majesty will be pleased to adde the consideration of the circumstances of time wherein these courses tending to the destruction of true Religion within these your Kingdomes have been taken here even then when the same is with open force and violence prosecuted in other Countreys and all the reformed Churches in Christendome either depressed or miserably distressed We do humbly appeal unto your Majesties Princely Iudgement whether there be not just ground of feare that there is some secret and strong co-operating here with the enemies of our Religion abroad for the utter extirpation thereof and whether if those courses be not speedily redressed and the profession of true Religion more encouraged we can expect any other but misery and ruine speedily to fall upon us especially if besides the visible and apparent dangers wherewith we are compassed about You would be pleased to remember the displeasure of Almighty God always bent against the neglect of his holy Religion the stroaks of whose divine Iustice we have already felt and do still feele with smart and sorrow in great measure And besides this feare of Innovation in Religion we do in like faithful of charge of our duties most humbly declare to your Majesty that the hearts of your people are full of feare of Innovation and change of Government and accordingly possessed with extreame griefe and sorrow Yet in this point by your Majesties late Answer to our Petition of Right touching our Liberties much comforted and raised againe out of that sadnesse and discontent which they generally had conceived throughout the whole Kingdome for the undue courses which were the last year taken for raising of moneys by loanes then which whatever your Majesty hath been informed to the contrary there were never any moneys demanded nor paid with greater grief and general dislike of all your faithful Subjects though many partly out of feare and partly out of other respects yet most unwillingly were drawn to yeeld to what was required The Billeting of Souldiers did much augment both their fears and grief wherein likewise they finde much comfort upon your gracious Answer to our petition of Right and to that we presented to your Majesty concerning this particular Yet we most humbly beseech your Majesty that we may informe you that the still continuance and late re-enforcing of those Souldiers the conditions of their persons many of them not being Natives of this Kingdome nor of the same but of an opposite Religion the placing of them upon the Sea Coast where making head amongst themselves they may unite with the Popish party at home if occasion serve and joyne with an invading enemy to do extreame mischief and that they are not yet dismissed doth still minister cause of Iealousie in your loving Subjects For that the Souldiers cannot be continued without exceeding great danger of the peace and safety of your Kingdom The report of the strange and dangerous purpose of bringing in German Horse and Riders would have turned our doubts into despaire and our feares into a certainty of confusion had not your Majesties gracious message for which we humbly give you thanks comforted us by the assurance of your Royal word that they neither are nor were intended by your Majesty for any service in England but that they were designed for some other forreigne employment Yet the sight of the Privy Seale by which it seemeth they were to be leavied the great summe of money which upon examinations we found to be paid for that purpose gave us just cause of feare That much about the same time there was a Commission under the Great Seal granted unto the Lords and others of the Privy Councel to consider of other ways for raising of moneys so particularly by impositions gave as just cause to suspect that whatsoever was your Majesties gracious intention yet there wanted not those
the security of the River wherefore the Regiments then remaining in several of the States Garrison Towns which were reformed out of four Regiments under the Command of Sir Charles Morgan and supposed to consist of two thousand men were designed for this employment But in regard that by the capitulations at the rendring of Stoade these souldiers were first to touch in England before they could engage in War against the Emperour they were appointed to come to Harwitch and to saile thence to Luckâ—â—aâ— under the command of their former General and by reason of the absence of the English Fleet upon the service of Rotchel the States and the Prince of Orange were desired to accommodate them with Ships of convoy in crossing the Seas But a while after the King considering that the six months wherein that Regiment was bound not to serve against the Emperour were near expiring and the Winter approaching which by foul weather and contrary winds might expose both men and Ships to great danger in their crossing the Seas to England and cause unnecessary charge commanded Sir Charles Morgan to forbear to touch at Harwitch but to shape his course by the nearest straightest way from Holland to Luckstat and to stay at the place of imbarquing so many days as with the time which will be taken up in their passage may accomplish the full six months Moreover these Reformed Regiments brought from Stoade being found upon their mustering fourteen hundred the King made a supply of six hundred more by borrowing six or eight men out of every Company serving in the States pay under the conduct of the Lord Vere the season of the year not permitting to rely upon new recruits from England for which he engaged his royal word to the States and the Prince of Orange that for every man they lent him he would send them two as soon as his forces return from Rochel Touching the Horse levied in Germany and intended as was said to be transported into England about the last Session of Parliament the Privy Councel now wrote to Dalbeere upon certain overtures made by the King of Sweden and the Duke of Savoy to receive them into their pay and service that he might dispose of the said Cavalry to those Princes being his Majesties friends and Allies with condition that his Majesty be no further charged with their pay transportation or entertainment in any manner whatsoever After the death of the Duke the King seemed to take none to favour so much as Dr. Laud Bishop of London to whom he sent many gracious messages and also writ unto him with his own hand the which contained much grace and favour and immediately afterwards none became so intimate with his Majesty as the said Bishop BY Orders from the Bishop there were then entred in the Docket Book several Conge D'esliers and Royal assents for Dr. May to be Bishop of Bath and Wells for Doctor Corbet to be Bishop of Oxford and for Samuel Harsenet then Bishop of Norwitch to be Arch-Bishop of York In the University of Oxford Bishop Laud bore the sway The Lord Chancellour VVilliam Earl of Pembrook commiting his power into his hands And this year he framed the Statutes for the reducing and limiting the free Election of Proctors which before as himself said were Factious and Tumultuary to the several Colledges by course The meeting of the Parliament appointed to be the 20. of Octob. was by Proclamation the first day of that moneth Prorogued to the 20. of Ianu. following VVhilst Felton remained a Prisoner at London great was the resort of people to see the man who had committed so bold a murder others came to understand what were the Motives and Inducements thereunto to which the man for the most part answered That he did acknowledge the Fact and condemned himself for the doing thereof Yet withall confessed he had long looked upon the Duke as an evil Instrument in the Common-wealth and that he was convinced thereof by the Remonstrance of Parliament VVhich considerations together with the instigation of the Evil One who is always ready to put sinfull motions into speedy Actions induced him to do that which he did He was a person of a little Stature of a stout and revengeful spirit who having once received an injury from a Gentleman he cut off a piece of his little finger and sent it with a challenge to the Gentleman to fight with him thereby to let him know that he valued not the exposing of his whole body to hazard so he might but have an opportunity to be revenged Afterwards Felton was called before the Councel where he confessed much of what is before mentioned concerning his Inducement to the Murder the Councel much pressed him to confesse who set him on work to do such a bloody act and if the Puritans had no hand therein he denyed they had and so he did to the last that no person whatsoever knew any thing of his intentions or purpose to kill the Duke that he revealed it to none living Dr. Laud Bishop of London being then at the Councel Table told him if he would not confess he must go to the rack Felton replyed if it must be so he could not tell whom he might nominate in the extremity of torture and if what he should say then must go for truth he could not tell whether his Lordship meaning the Bishop of London or which of their Lordships he might name for torture might draw unexpected things from him after this he was asked no more questions but sent back to prison The Council then fell into Debate whether by the Law of the Land they could justifie the putting him to the Rack The King being at Councel said before any such thing be done let the advice or the Judges be had therein whether it be Legal or no and afterwards his Majesty the 13. of Novemb. 4. Car. propounded the question to Sr. Tho. Richardson Lord Chief Justice of the Common Pleas to be propounded to all the Justices Viz. Felton now a prisoner in the Tower having confessed that he had killed the Duke of Buckingham and said he was induced to this partly for private displeasure and partly by reason of a Remonstrance in Parliament having also read some Books which he said defended that it was lawful to kill an Enemy to the Republique the question therefore is whether by the Law he might not be Racked and whether there were any Law against it for said the King if it might be done by Law he would not use his Prerogative in this Point and having put this Question to the Lord chief Justice the King commanded him to demand the resolution of all the Judges First the Justices of Serjeants Inn in Chancery Lane did meet and agree that the King may not in this case put the party to the Rack And the fourteenth of November all the Justices being assembled at Serjeants Inn in Fleetstreet
baylable And 33 Eliz. it was resolved by all the Iustices of England which I have viewed in chief Iustice Andersons Book under his own hand and it was produced in Parliament That all men committed by the Privy Councill are baylable if the commitment be not for high treason In all cases of commitment an accuser is understood Suppose that the accusation mentioned in Russel's case of sedition had been an accusation of treason then the Iudges ought not to have bayled him of right and no man will say but that the said accusation was a good cause to commit him But the discovery of the offence ought to be afterward in an Indictment Fourthly I come to the objections which have been made on the contrary 1 st It was objected That this was a case of great consequence I confesse it but this consequence is not to the King for if it be truly treason then they might have returned Treason and then the party was not to be bayled of right till there should be a failer of prosecution as was lately in Melvins case who was bailed for lack of prosecution the Return being for high treason 2 ly It was objected that there can be no conviction as this case is therefore there ought to be coercive power to restrain the prisoner This is strange newes to me that there shall be any offence for which a man cannot be convict And if there can be no conviction it hence followes that there is no offence and if there be no offence there ought by consequence to be no imprisonment 3 ly The case of 14 H. 7.8 hath been objected that a Iustice of Peace may commit Rioters without bayl I confesse it for this is by force of a Statute which ordains it 4 ly It hath been objected That if a house be on fire it is lawfull to pull down the neighbours house for the prevention of further mischief and the cases of 22 ass and 22 E. 4. that every man may justifie the coercion of a mad-man I answer That these cases are true for of necessity and no other evasion but here bayl is proffered which is body for body Fire is swift and cannot be punished and no caution can be obtained thereof But observe the true inference and consequence of this Argument If my house be on fire my neighbours house must be pulled down Mr Selden is seditious ergo Mr. Herbert his neighbour must be imprisoned 5 ly It hath been objected out of Br. Treason 24. 1 Mar. That the said Statute of 25 E. 3. is taken largely and that the detaining of a Castle or Fortresse is treason To this I answer That the bare detaining of a Castle is not treason unlesse it be with intention of the death of the King but the taking of a Castle is treason And the case there meant by Brook is Constables case Dy. 128. And I confesse 13 Eliz. Dy. 298. Doctor Story 's case that conspiracy to invade the Kingdom is treason for this cannot be without great danger of the death of the King for arma tenenti Omnia dat qui justa negat and all those Indictments were that they intended the death of the King but no such intention is expressed here 6 ly It hath been objected That this case is out of the Petition of Right because in this Return there is a cause shewed But the grievance whereupon the Petition of Right was framed was where no cause was returned It is true that the grievance goes no further but where no cause was returned for that was the grievance at that time But the words of the Petition of Right are further without being charged with any thing to which they might make answer by the Law which implies that such cause ought to be contained in the Return which being put into an Indictment the party may have his answer thereto 7 ly It was objected that the Return shall not be construed and expounded by fractions I answer That we need not make such an exposition for the joynt-construction thereof makes more for us then the severall as is shewed before 8 ly That a generall Return is sufficient and it need not have tearms of Art in it as an Indictment ought to have For answer I confesse it but I affirm as above that a Return ought to be so particular that the nature of the offence ought to appear out of it And it is not to be compared to generall Writs as Apostatâ capiendo Idiota examinando Leproso amovendo and the like for those Writs are good enough because they contain the very matter And although it hath been said that there are two kinds of Lepers yet I never heard but of one And the Writ de Haeretico comburendo is generall and good because it is but a Writ of Execution upon a Iudgment given by the Spirituall power But because they might not meddle with the blood of any man the execution is by the Secular power 9 ly It hath been objected out of 30 ass p. 19. that the King would have one drawn and hanged for bringing in into England the Buls of the Pope But the Book answers it self for he was not drawn and hanged 10 ly The Statute of Westm. 1. cap. 15. was objected But as oft as that Statute is objected I will alwaies cry out The Petition of Right the Petition of Right as the King of France cryed out nothing but France France when all the severall Dominions of the King of Spain were objected to him 11 ly A curious distinction hath been taken by Serjeant Davenport between stirring To sedition and stirring Up sedition for the first implies an inclination onely to do it the second implies an act done But this is too nice for if a man stir up sedition or to sedition if it be with intention of the death of the King the one and the other is treason 12 ly The opinion of Fortescue in 31 H. 6.10 b. hath been objected That for an offence done to the Court a man may be committed before conviction To this I answer 1 st That the Book does not say That he shall be committed without bayl 2 ly The offence being done in face of the Court the very view of the Court is a conviction in Law 13 ly There was objected the 24 of E. 3.23 Sir Fitchet's case who for going armed in the Palace was committed by this Court without bayl or mainprize which seems to be the strongest and hardest case that hath been objected But the answer to it is clear and undeniable for the Statute of 2 E. 3. c. 3. is That if any one come armed before the Iustices he shall forfeit his Armour and shall be imprisoned during the Kings pleasure so that by the expresse purview of the Statute such a man is not baylable So my conclusion remains firm notwithstanding any of those objections That the prisoner here being committed before conviction of any offence it being not possible to understand this
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
take up their Winter Quarters A Letter of the Duke of Buckinghams to Gondomar touching King Iames his bent to the German War Octob. 25. Frederick's Forces totally routed in the Battel at Prague His calamity joined with loss of Honor. An Order at the Council-Table for recovering the Palatinate The Spaniards flatter the King Private Instructions to the Spanish Ambassador into England The King calls a Parliament The Protestant Union declines in Germany The Palatine propounds a Peace to the Elector of Saxony The King puts forth a Proclamation forbidding discourse of State-affairs The Kings Speech to the Parliament * Buckingham The Lo. Digby sent Ambassador into Flanders and Mr. Gage to Rome The Palatine and his Princess go into Holland The Emperor proceeds severely with the Bohemians Imperial Protestant Towns reconcile themselves to the Emperor and intercede for the Palatine but in vain Grievances proposed in Parliament Sir Giles Mompesson imprisoned but escapes beyond Sea 19 Iac. An. 1621. The Kings Speech to the Lords Sentence given against Sir Giles Mompesson And Sir Francis Michel his Compartner in Projects Lord Chancellor Bacon accused and convicted of Bribery Sir Henry accused by the Commons Gondomar reviled and assaulted in London streets Sir Rob. Mansel sent into the Mediterranean Sea The Emperor calls in question the Authors of the Commotions in Bohemia The King intends to adjourn the Parliament The Commons take it not well The King resents it The Commons Declaration touching the Palatinate The King by Proclamation reforms the late grievances handled in Parliament Puts forth another Proclamation against Talking of State-affairs The King is sollicited from Spain to enlarge his favors towards Catholicks The chief heads of the Lord Digby's Embassie to the Emperor The Emperors Reply to those Demands The L. Digby's second Proposal to the Emperor The Emperors Answer The English Ambassador goes to the Duke of Bavaria The Emperors Letter to Don Baltazar de Zuniga The Parliament begins again Nov. 20. The Substance of the Lord Keepers Speech Lord Digby's Speech Lord Treasurer's Speech The Commons Petition and Remonstrance to the King At this time the Protestants are ill treated in France The Kings Letter to Sir Tho. Richardson The Commons send the Remonstrance accompanied with another Petition The Kings Answer to the later Petition The Lord Keepers judgment touching the Kings sharp Answer The Lo. Digby to the Peers The Commons Protestation The King takes the Protestation out of the Journal-book with his own hand In the mean time the King dissolves them Some Eminent Members of the Parliament in Prisoned Others sent for punishment into Ireland The Council write to Judges concerning such as speak of State Affairs The Palatine spoiled of his hereditary dominions The terms which King Iames desires the Emperor to accept in behalf of the Palatine The Emperors Answer to King Iames Ian. 14. 1621. King Iames to Philip the Fourth of Spain King Iames his Letter to the King of Spain Prince Charls to the King of Spain King Iames his Letter to the Lord Balthazar of Zuniga The Privy Council by the Kings command issue out an Order for raising Money for the defence of the Palatinate Archbishop Abbot not relished at Court an advantage taken against him Bishop Laud suspected to incline to Popish Tenents while he was of Oxford as appears by a notable passage The Arminians begin to be favored by the King by means of Bishop Laud. Favors shewed to Recusants by the Kings Order Iacobi 20. 1622. The Lord Keepers Letter excusing the Kings favor towards Papists The Kings Letter to the Archbishop for regulating the Clergy Directions concerning Preachers The new K. of Spain Philip the Fourth procures the Popes assent to the Match The Infanta cools in tâ—e Palsgraves business The pretended Obstacles of the Treaty removed Heidelburgh besieged New Conditions demanded of the King before the Pope gives a Dispensation The Kings Answer to the said Demands The King sends his Resolution to Digby in Spain now made Earl of Bristol Likewise a Letter was â—ent to â—ondomar 〈◊〉 recalleâ— into Spain The Answer to the Memorial presented by the Earl of Bristol to the Spanish King Bristol gives the King hope of the Match Heidelburgh taken The King provoked sends his former Resolutions with anew dispatch into Spain In the mean time Manheim is taken The Emperors Intentions to King Iames not good Nor the King of Spains witness his Letter to Conde Olivares Olivares Answer Bristols Answer from the King of Spain The Popes Demands signed by the King and Prince Frankendale block'd up by Papenheim The King writes to Bristol The Electorate conferred upon the Duke of Bavaria in the Diet at Ratisbone The Protestant Princes plead for the Palatine's restitution The Catholick Princes reply The Protestants reassume the argument The Emperor takes up the debate Sir Dudley Carlton Resident at the â—â—gue sends his judgment of the matter to the Marquis of Buckingham The Prince and the Marquis of Buckingham go to Spain Buckingham visits Olivares and by him is conducted to the King Orders for the Prince's entertainment The Prince sees the Infanta Is entertained honorably by the King Makes his entrance publiquely into Madrid The King sends the Prince two Golden Keys The Grandees are commanded to attend his Highness The Marquis of Buckingham made Duke The people talk that the Prince is come to change his Religion Endeavors to make the Prince change his Religion * Quare Apostoliâ—is literis hortamur Catholicam Majestatem ut eum Principem redigere suaviter conetur sub Romanae Ecclesiae ditionem cui veteres Magnae Britanniae Domini coronatum caput imperii fasces Coelo plaudente submiserunt Quare te monemus ut ad Catholicum Regem religiosus Consiliarius accedas easque rationes despicias quibus insigne aliquod beneficium Britanniae Regnis Romanae Ecclesiae in praesenti rerum opportunitate comparetur Res ipsa magna atque gravissima est quare eum verbis amplificare non debemus Regnum Coelorum Britanniae Principi patefacere Regnum Britanniae sedi Apostolicae restituere incipiet qui Regii istius Adoloscentis animum Catholicae Religionis studio inflamaverit atque haeriticae impietatis odio impleverit c. The Pope's Letter to the Prince of Wales There is another Copy of the Princes Letter to the Pope published by several hands somewhat different from this Allurements to make the Prince change his Religion The Prince stedfast in his Religion Is not well dealt with in his Address to the Infanta The Dispensation is at last procured The Dispensation comes clogged Olivares proposes ways of Accommodation The King of Spain proffers to engage himself on the behalf of the King of England and the Prince His Ghostly Fathers approve his intentions The Match is declared publickly The Archbishops Letter to the King against Toleration of Popery Articles sworn to by the King Prince and Privy Council The Oath Private Articles sworne to by the King in