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A57919 Historical collections of private passages of state Weighty matters in law. Remarkable proceedings in five Parliaments. Beginning the sixteenth year of King James, anno 1618. And ending the fifth year of King Charls, anno 1629. Digested in order of time, and now published by John Rushworth of Lincolns-Inn, Esq; Rushworth, John, 1612?-1690. 1659 (1659) Wing R2316A; ESTC R219757 913,878 804

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for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation o● the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
the Land had little effect in their execution to the increase of Murders Robberies Perjuries and Insecurities of all men living to the loss of their Lands and Goods to the great displeasure of Almighty GOD It was ordained for Reformation of the Premises by Authority of the said Parliament That the Chancellour and Treasurer of England for the time being and the Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop one Lord temporal of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common pleas for the time being or two other Justices in their absence by Bill or Information exhibited to the Chancellour for the King or any other against any person for any other ill behaviours aforesaid have Authority of calling before them by Writ or Privie-Seal such Malefactors and of examining them and others by their discretion and of punishing such as they finde defective therein according to their demerits according to the form and effect of the Statutes thereof made in the same manner and form as they might and ought to be punished if they were thereof convinced according to the due course of Law And by a certain other Act in the Parliament of the Lord Henry late King of England the eighth held in the one and twentieth year of his reign reciting the offences in the aforesaid Statute of the said late King Henry the seventh beforementioned by Authority of the said Parliament it was and is ordained and enacted That henceforward the Chancellour Treasurer of England and the President of the most honourable Privy-Council of the King attending his most honourable person for the time being and the Lord Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop and one temporal Lord of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common Pleas for the time being or two Justices in their absence by any Bill or Information then after to be exhibited to the Chancellour of England the Treasurer the President of the said most honourable Council of the Lord the King or the Keeper of the Privy-Seal of the Lord the King for the time being for any misdemeanour in the aforesaid Statute of King Henry the seventh aforesaid before recited from henceforth have full power and authority of calling before them by Writ or by Privy-Seal such Malefactors of examining of them and others by their discretion and of punishing those that are found defective according to their demerits According to the form and effect of the said Statute of the aforesaid Lord King Henry the seventh and of all other Statutes thereupon made not revoked and expired in the same manner and form as they might and ought be punished if they were convicted according to the due order of the Laws of the said Lord the king And by the aforesaid Writ under the foot of the great Seal it manifesty appears that the said Fine was imposed by the Lord the king and his Council and not by the Legal Peers of the said Richard Chambers nor by the Law of the Land nor according to the manner of the pretended offence of the said Richard Chambers nor saving unto him his Merchandize nor for any offence mentioned in the said Statutes all and singular the which the said Richard Chambers is ready to verifie to the Court c. and demands judgment and that he be discharge of the said 2000 l. against the said Lord the now King and that as to the premises he may be dismissed from this Court Waterhouse With this Plea he annexed a Petition to the Lord Chief Baron and also to every one of the Barons humbly desiting the filing of the Plea with other Reasons in the manner of a motion at the Bar because he said Counsel would not move plead nor set hand to it as further appeareth The Copy of the Order upon Mr. Atturneys motion in the Exchequer the 17 Iuly 1629. after the Plea put in and order to file it Per the Lord Chief Baron TOuching the Plea put into this Court by Richard Chambers to discharge himself of a ●ine of 2000 l. set on him in the Star-Chamber Forasmuch as Sir Robert Heath Kni●●● his Majesties Atturney General informed this Court that the said Chambers in his said Plea recites divers Statutes and Magna Charta and what offences are punishable in the Star-Chamber and how the proceedings ought to be and upon the whole matter concludes That the said fine was imposed by the King and his Council and not by a Legal judgment of his Peers nor by the Laws of the Land nor according to the manner of his offence nor saving his Merchandize nor for any offence mentioned in the said Statutes Which Plea Mr. Atturny conceiving to be very frivolous and insufficient and derogatory to the honour and jurisdiction of the Court of Star-Chamber Humbly prayeth might not be allowed of nor filed It is therefore this day ordered That the said Plea shall be read on Saturday next and then upon hearing the Kings Counsel and the Counsel of the said Richard Chambers this Court will-declare their further order therein and in the mean time the said Plea is not to be filed nor delivered out In Michaelmas Term following Mr. Chambers was brought by a Habeas Corpus out of the Fleet and the Warden did return THat he was committed to the Fleet by vertue of a Decree in the Star-Chamber by reason of certain words he used at the Council Table viz. That the Merchants of England were skrewed up here in England more then in Turky And for these and other words of defamation of the Government he was censured to be committed to the Fleet and to be there imprisoned until he made his submission at the Council Table and to pay a fine of 2000. l. And now at the Bar he prayed to be delivered because this Sentence is not warranted by any Law or Statute For the Statute of 3 Henrici 7. which is the foundation of the Court of Star-Chamber doth not give them any authority to punish for words only But all the Court informed him That the Court of Star-Chamber was not erected by the Statute of 3 H. 7. but was a Court many years before and one of the most high and honourable Courts of Justice and to deliver one who was committed by the Decree of one of the Courts of Justice was not the usage of this Court and therefore he was remanded As a concurrant proof of these Proceedings concerning Mr. Chambers we shall insert here a Petition of his though out of time to the Long Parliament and afterwards renewed to the succeeding Parliament viz. To the Parliament of the Commonwealth of England Scotland and Ireland The brief Remonstrance and humble Petition of Richard Chambers Merchant late Alderman and Sheriff of the City of
and spun out two days time It was managed by Eight Members and Sixteen more as Assistants The Eight cheif managers were Sir Dudley Diggs Mr. Herbert Mr. Selden Mr. Glanvile Mr. Pym Mr. Sher●and Mr. Wandesford and Sir Iohn Elliot Sir Dudley Diggs by way of Prologue made this Speech My Lords THere are so many things of great importance to be said in very little time to day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical Affectations I onely in plain Country Language humbly pray your Lordships favor to include many excuses necessary to my manifold infirmities in this one word I am Commanded by the Knights Citizens and Burgesses of the Commons House to present to your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great Wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upon this occasion The House of Commons by a fatal and universal Concurrence of Complaints from all the Sea-bordering parts of this Kingdom did finde a great and grievous interruption and stop of Trade and Traffick The base Pirates of Sally ignominiously infesting our Coasts taking our Ships and Goods and leading away the Subjects of this Kingdom into Barbarous captivity while to our shame and hindrance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths Our friends on slight pretences made Imbargoes of our Merchants Goods and every Nation upon the least occasion was ready to contemn and slights us So great was the apparent diminution of the antient Honor of this Crown and once strong Reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valors of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the Second they called their Wisest the House of Austria as great and potent and both strengthned with a malitious League in France of persons ill-affected when the Low-Countreys had no Being yet by constant Councils and old English ways even then that Spanish pride was cooled that greatness of the House of Austria so formidable to us now was well resisted and to the United Provinces of the Low-Countreys such a beginning growth and strength was given as gave us honor over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the Causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honor and Reputation in this Kingdom which as in one Centre met in one great Man the cause of all whom I am here to name The Duke of Buckingham Here Sir Dudley Diggs made a little stop and afterwards read the Preamble to the Charge viz. The Commons Declaration and Impeachment against the Duke of Buckingham FOr the speedy Redress of great Evils and Mischeifs and of the cheif cause of these Evils and Mischeifs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honor and safety of our Soveraign Lord the King and of his Crown and Dignity and to the good and welfare of his people The Commons in this present Parliament by the Authority of our said Soveraign Lord the King assembled Do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guienne General-Governor of the Seas and Ships of the said Kingdom Lieutenant-General Admiral Captain-General and Governor of his Majesties Royal Fleet and Army lately set forth Master of the Horse of our Soveraign Lord the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all the Forests and Chases on this side the River Trent Constable of the Castle of Windsor Gentleman of his Majesties Bed-Chamber one of his Majesties most Honorable Privy Council in his Realms both in England Scotland and Ireland and Knight of the most Honorable Order of the Garter The Misdemeanors Misprisions Offences Crimes and other Matters comprised in the Articles following and him the said Duke do accuse and impeach of the said Misdemeanors Misprisions Offences and Crimes My Lords THis lofty Title of this Mighty Man methinks doth raise my spirits to speak with a Paulò Majora Canamus and let it not displease your Lordships if for Foundation I compare the beautiful structure and fair composition of this Monarchy wherein we live to the great work of God the World it self In which the solid Body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may well resemble us the Commons And as it is incompassed with Air and Fire and Sphears Celestial of Planets and a Firmament of fixed Stars all which receive their heat light and life from one great glorious Sun even like the King our Soveraign So that Firmament of fixed Stars I take to be your Lordships those Planets the great Officers of the Kingdom that pure Element of Fire the most Religious Zealous and Pious Clergy and the Reverend Judges Magistrates and Ministers of Law and Justice the Air wherein we breathe All which encompass round with cherishing comfort this Body of the Commons who truly labor for them all and though they be the Foot stool and the lowest yet may well be said to be the setled Centre of the State Now my good Lords if that glorious Sun by his powerful Beams of Grace and Favor shall draw from the Bowels of this Earth an exhalation that shall take Fire and burn and shine out like a Star it needs not be marvelled at if the poor Commons gaze and wonder at the Comet and when they feel the effects impute all to the incorruptible matter of it But if such an imperfect mixture appear like that in the last age in the Chair of Cassiopeia among the sixed Stars themselves where Aristotle and the old Philosophers conceived there was no place for such corruption then as the Learned Mathematicians were troubled to observe the irregular motions the prodigious magnitude and the ominous prognosticks of that Meteor so the Commons when they see such a blazing Star in course so exorbitant in the Affairs of this Commonwealth cannot
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 Strange●●ies also expressed his joy at the answer and further added Let us perfect our Remonstrance King Iames was wont to say He kn●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 pres●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 sin●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 oth●rwise as in your wisdoms and best Iudgments ye shall find to be most convenient in a case of this inevitable necessity wherein Form ●nd