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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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not what way they take to become masters of them sleighting the latter day of Judgment so they may rest secured from yielding any account in this World I have no more to say but that God would be pleased to incline our hearts to do that which may be most for his glory next for the Kings service then for the Countreys happiness To the Doubts which the King propounded the Parliament gave Solution by a Committee of both Houses in the Declaration following delivered by the Archbishop of Canterbury with this Introduction May it please your Sacred Majesty WE are come to you again from your most Faithful Subjects and Loyal Servants the Lords and Commons assembled in this present Parliament And first We humbly let your Majesty know how much we hold our selves bounden unto Almighty God that he hath sent a King to rule and reign over us who is pleased in the greatest and weightiest causes to speak and to be spoken to in Parliament by his good and loving people which causeth the King to understand them over whom he beareth rule and them again to understand him And is a true Bond that tieth the heart of the Sovereign to the Subject and of the Subject reciprocally to their Leige Lord and Sovereign And next we rejoyce that your Majesty hath shewed your self sensible of the insincerity of the King of Spain with whom of late you have had a double Treaty and of the indignities offered by them unto your Blessed Son the Prince and to your Royal Daughter And that your Kingly heart is filled with an earnest desire to make Reparation to her noble Consort and her self of the Palatinate their Patrimonial Possession which is agréeable to Iustice and to all Laws of God and Man For the effecting whereof to certifie with what alacrity with what expediteness and uniformity of heart both your Houses of Parliament in the name of your whole Kingdom have borne themselves unto your Majesty with offer to give their Royal assistance we have digested it into writing lest by the verbal or vocal Delivery of any person it may miscarry or the expression of our zeal be weakned or diminished Which we humbly pray your Majesty to give leave to be read unto you Most Gratious Sovereign WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled Do first render to your Sacred Majesty our most dutiful thanks for that to our unspeakable comfort you have vouchsafed to express your self so well satisfied with our late Declaration made unto your Majesty of our general Resolution in pursuit of our humble Advice to assist your Majesty in a Parliamentary way with our persons and abilities And whereas your Majesty in your great Wisdom and Iudgment foreséeing that it will make a déeper Impression both in the Enemies of that Cause and in your Friends and Allies if they shall not onely hear of the chearful Offers but also sée the real Performance of your Subjects towards so great a Work Your Majesty was pleased to descend to a particular Proposition for the Advancing of this great business We therefore in all humbleness most ready and willing to give your Majesty and the whole World an ample Testimony of our sincere and dutiful Intensions herein Upon mature Advice and Deliberation as well of the weight and importance of this great Affair as of the present Estate of this your Kingdom the Weal and Safety whereof is in our Iudgments apparently threatned if your Majesties Resolution for the dissolving of the Treaties now in question be longer deferred and that Provision for defence of your Realm and aid of your Friends and Allies be not seasonably made have with a chearful consent of all the Commons no one Dissenting and with a full and chearful Consent of the Lords resolved That upon your Maiesties Publick Declaration for the Dissolution and utter Discharge of both the said Treaties of the Marriage and of the Palatinate in pursuit of our Advice therein and towards the support of that War which is likely to ensue and more particularly for those Four Points proposed by your Majesty namely For the Defence of this your Realm the securing of Ireland the assistance of your Neighbors the States of the United Provinces and other your Majesties Friends and Allies and for the setting forth of your Royal Navy We will grant for the present the greatest Aid which ever was given in Parliament That is to say Thrée intire Subsidies and thrée Fiftéens to be all paid within the compass of one whole year after your Majesty shall be pleased to make the said Declaration the Money to be paid into the hands and expended by the direction of such Committées or Commissioners as hereafter shall be agréed upon at this present Session of Parliament And we most humbly beséech your Majesty to accept of these first-fruits of our hearty Oblation dedicated to that work which we infinitely desire may prosper and be advanced And for the future to rest confidently assured That we your loyal and loving Subjects will never fail in a Parliamentary way to assist your Majesty in so Royal a design wherein your own honor and the honor of your most Noble Son the Prince the antient renown of this Nation the welfare and very subsistence of your Noble and onely Daughter and her Consort and their Posterity the safety of your own Kingdom and People and the prosperity of your Neighbors and Allies are so déeply engaged Herunto his Majesty replied My Lords and Gentlemen all I Have nothing to say to the Preamble of my Lord of Canterbury but that he intimated something in it which I cannot allow of For whereas he said I have shewed my self sensible of the insincerity of those with whom I had lately to deal and of the indignity offered to my Children In this you must give me leave to tell you that I have not expressed my self to be either sensible or insensible of the good or bad dealing It was Buckinghams Relation to you which touched upon it by it you must not bar me nor make Iupiter speak that which Iupiter speaks not For when I speak any such thing I will speak it with that reason and back it with that power which becomes a King As for the matter of the Declaration unto my Demands which you have couched in that Paper which I now heard read unto me I confess it is without example that any King hath had such an offer And with your favor I need fear nothing in this World having so much the hearts of my people For the large offer of assistance I hold it to be more then Millions of Subsidies and indeed it is an ample reward for the trust and freedom which I have used with you But my Lords and Gentlemen you must give me leave on the one side to consider the possibility of the action For in this case I must do as a man that maketh a
of the Land for freemen to be taxed but by their consent in Parliament Franchise is a French word and in Latine it is Libertas In Magna Charta it is provided that Nullus liber homo capiatur vel impriso●etur aut disseisietur de libero tenemento suo c. nisi per legale judicium parium suorum vel per legem terrae which Charter hath been confirmed by good Kings above thirty times When these Gentlemen had spoken Sir Iohn Cook Secretary of State took up the matter for the King and concluded for redress of Grievances so that Supplies take the precedency And said I had rather you would hear any then me I will not answer what hath been already spoken my desire is not to stir but to quiet not to provoke but to appease my desire is that every one resort to his own heart to reunite the King and the State and to take away the scandal from us every one speaks from the abundance of his heart I do conclude out of every ones Conclusion to give to the King to redress Grievances all the difference is about the manner we are all Inhabitants in one House the Commonwealth let every one in somewhat amend his house somewhat is amiss but if all the House be on fire will we then think of amending what 's a miss will you not rather quench the fire the danger all apprehend The way that is propounded I seek not to decline illegal courses have been taken it must be confessed the redress must be by Laws and Punishment but withal add the Law of Necessity Necessity hath no Law you must abilitate the State to do what you do by Petition require It is wished we begin with Grievances I deny not that we prepare them but shall we offer them first will not this seem a Condition with his Majesty do we not deal with a wise King jealous of his Honor All Subsidies cannot advantage his Majesty so much as that his Subjects do agree to Supply him This will amaze the Enemy more then ten Subsidies begin therefore with the King and not with our selves This dayes Debate said Sir Robert Philips makes me call to minde the custom of the Romans who had a solemn feast once a year for their Slaves at which time they had liberty without exception to speak what they would whereby to ease their afflicted minds which being finished they severally returned to their former servitude This may with some resemblance and distinction well set forth our present State where now after the revolution of some time and grievous sufferings of many violent oppressions we have as those Slaves had a day of liberty of speech but shall not I trust be herein Slaves for we are free we are not Bondmen but Subjects these after their Feast were Slaves again but it is our hope to return Freemen I am glad to see this mornings work to see such a sense of the Grievances under which we groan I see a concurrence of grief from all parts to see the Subject wronged and a fit way to see the Subject righted I expected to see a division but I see honorable conjunction and I take it a good Omen It was wished by one that there were a forgetfulness of all let him not prosper that wisheth it not No there is no such wayes to perfect remedy as to forget injuries but not so to forget as not to recover them It was usual in Rome to bury all injuries on purpose to recover them It was said by a Gentleman that ever speaks freely We must so govern our selves as if this Parliament must be the Chrysis of all Parliaments and this the last I hope well and there will be no cause for the King our Head to except against us or we against him The dangers abroad are presented to us he is no English man that is not apprehensive of them We have provoked two Potent Kings the one too near who are too strongly joyned together the dangers are not Chimerical but real I acknowledge it but it must be done in proportion of our dangers at home I more fear the violation of Publick Rights at home then a Forein Enemy Must it be our duties and direction to defend Forein dangers and establish security against them and shall we not look at that which shall make us able and willing thereunto We shall not omit to confide and trust his Majesty otherwise our Councils will be with fears and that becomes not Englishmen The unaccustomed violences I have nothing but a good meaning ●rench into all we have To the four particulars already mentioned wherein we suffer one more may be added Lest God forbare to hear me in the day of my trouble our Religion is made vendible by Commissions Alas now a tolleration is granted little less and men for pecuniary annual rates dispenced withal whereby Papists without fear of Law practise Idolatry and scoff at Parliaments at Laws and all it is well known the people of this State are under no other subjection then what they did voluntarily consent unto by the original contract between King and people and as there are many Prerogatives and Priviledges conferred on the King so there are left to the Subject many necessary Liberties and Priviledges as appears by the Common Laws and Acts of Parliament notwithstanding what these two Sycophants have prated in the Pulpit to the contrary Was there ever yet King of England that directly ever violated the Subjects Liberty and Property but their actions were ever complained of in Parliament and no sooner complained of then redressed 21 E. 3. there went out a Commission to raise money in a strange manner the succeeding Parliament prayed redress and till H. 8. we never heard of the said Commissions again Another way was by Loan a worm that cankered the Law the Parliament did redress it and that money was paid again The next little Engine was Benevolence what the force of that was look into the Statute of R. 3. which damned that particular way and all other indirect wayes Since the Right of the Subject is thus bulwarkt by the Law of the Kingdom and Princes upon complain● have redressed them I am confident we shall have the like cause of joy from his Majesty I will here make a little digression The County I serve for were pleased to command me to seek the removal from them of the greatest burthen that ever people suffered It was excellently said Commissionary Lieutenants do deprive us of all Liberty if ever the like was seen of the Lieutenancy that now is I will never be believed more They tell the people they must pay so much upon a warrant from a Deputy Lieutenant or be bound to the good behavior and sent up to the Lords of the Council it is the strangest Engine to rend the Liberty of the Subject that ever was there was now a Decemviri in every County and amongst that
do verily believe he doth very well understand what a miserable power it is which hath produced so much weakness to Himself and to the Kingdom And it is one happiness that he is so ready to redress it For mine own part I shall be very glad to see that old decrepite Law Magna Charta which hath been so long kept and lien bed-rid as it were I shall be glad to see it walk abroad again with new vigor and lustre attended and followed with the other six Statutes questionless it will be a great heartning to all the people I doubt not but upon a debating conference with the Lords we may happily fall upon a fair fit accommodation concerning the Liberty of our Persons and Propriety of our Goods I hope we may have a Bill to agree in the point against imprisonment for Loans or privy Seals As for intrinsecal power and reason of State they are matters in the Clouds where I desire we may leave them and not meddle with them at all left by the way of admittance we may lose somewhat of that which is our own already Yet this by the way I will say of reason of State That in the latitude by which 't is used it hath eaten out almost not onely the Laws but all the Religion of Christendom Now I will onely remember you of one Precept and that of the wisest man Be not over wise be not over just and he gives his reason for why wilt thou be desolate If Justice and Wisdom may be stretcht to desolation let us thereby learn that Moderation is the Vertue of Vertues and Wisdom of Wisdoms Let it be our Master-piece so to carry the business that we may keep Parliaments on foot For as long as they be frequent there will be no irregular Power which though it cannot be broken at once yet in short time it will be made and mouldred away there can be no total or final loss of Liberties as long as they last What we cannot get at one time we shall have at another Upon this debate it was ordered That a Committee of Lawyers do draw a Bill containing the substance of Magna Charta and the other Statutes that do concern the Liberty of the Subject which business took up two whole days Thursday the first of May. MAster Secretary Cook delivers a Message from his Majesty viz. to know whether the House will rest on his Royal Word or no declared to them by the Lord Keeper which if they do he assures them it shall be Royally performed Upon this there was a silence for a good space Then Mr. Secretary Cook proceeded This silence invites me to a further Speech and further to address my self Now we see we must grow towards an issue for my part how confident I have been of the good issue of this Parliament I have certified in this place and elsewhere and I am still confident therein I know his Majesty is resolved to do as much as ever King did for his Subjects All this Debate hath grown out of the sense of our Sufferings and a desire of making up again those Breaches that have been made Since this Parliament begun hath there been any dispence made of that which hath formerly been done when means were denied his Majesty being a yong King and newly come to his Crown which he found ingaged in a War what could we expect in such Necessities His Majesty called this Parliament to make up the Breach His Majesty assures us we shall not have the like cause to complain He assures the Laws shall be established what can we desire more all is that we provide for Posterity and that we do prevent the like suffering for the future Were not the same means provided by them before us can we do more we are come to the Liberty of the Subjects and the Prerogative of the King I hope we shall not adde any thing to our selves to depress him I will not divine I think we shall finde difficulty with the King or with the Lords I shall not deliver my opinion as Counsellor to his Majesty which I will not justifie and say here or at the Councel Board Will we in this necessity strive to bring our selves into a better Condition and greater Liberty then our Fathers had and the Crown into a worse then ever I dare not advise his Majesty to admit of that if this that we now desire be no Innovation it is all contained in those Acts and Statutes and whatsoever else we would adde more is a diminution to the Kings Power and an addition to our own We deal with a wise and prudent Prince that hath a Sword in his hand for our good and this good is supported by Power Do not think that by Cases of Law and Debate we can make that not to be Law which in experience we every day finde necessary make what Law you will if I do discharge the place I bear I must commit men and must not discover the Cause to any Jaylor or Judge if I by this Power commit one without just Cause the burthen falls heavy on me by his Majesties displeasure and he will remove me from my place Government is a solid thing and must be supported for our good Sir Robert Philips hereupon spake this That if the words of Kings strike impressions in the hearts of Subjects then do these words upon this occasion strike an impression into the hearts of us all to speak in a plain language we are now come to the end of our journey and the well disposing of an Answer to this Message will give happiness or misery to this Kingdom Let us set the Commonwealth of England before the eyes of his Majesty that we may justifie our selves that we have demeaned our selves dutifully to his Majesty And so the day following they had further Debate upon that matter the House being turned into a Grand Committee and Mr. Herbert in the Chair Some say that the Subject has suffered more in the violation of ancient Liberties within these few years then in Three hundred years before and therefore care ought to be taken for the time to come Sir Edward Cook said That that Royal word had reference to some Message formerly sent his Majesties word was That they may secure themselves any way by Bill or otherwise he promised to give way to it and to the end that this might not touch his Majesties Honor it was proposed that the Bill come not from the House but from the King We will and grant for us and our Successors and that we and our Successors will do thus and thus and it is the Kings Honor he cannot speak but by Record Others desired the House to consider when and where the late promise was made was it not in the face of both Houses Cruel Kings have been careful to perform their promises yea though they have been unlawful as Herod Therefore if we rest upon his Majesties promise
the Antient and Fundamental Law issuing from the first frame and constitution of the Kingdom The third that this Liberty of the Subject is not onely most convenient and profitable for the People but most honourable most necessary for the King yea in that point of supply for which it was endeavored to be broken The form of Government is that which doth actuate and dispose every part and member of a State to the common good and as those parts give strength and ornament to the whole so they receive from it again strength and protection in their several stations and degrees If this mutual relation and intercourse be broken the whole frame will quickly be dissolved and fall in pieces and in stead of this concord and interchange of support whilest one part seeks to uphold the old form of Government and the other part to introduce a new they will miserably consume and devour one another Histories are full of the calamities of whole States and Nations in such cases It is true that time must needs bring some alterations and every alteration is a step and degree towards a dissolution those things onely are eternal which are constant and uniform Therefore it is observed by the best Writers upon this Subject that those Commonwealths have been most durable and perpetual which have often reformed and recomposed themselves according to their first Institution and Ordinance for by this means they repair the breaches and counterwork the ordinary and natural effect of time The second question is as manifest there are plain footsteps of those Laws in ●he Government of the Saxons they were of that vigor and force as to overlive the Conquest nay to give bounds and limits to the Conqueror whose victory gave him first hope but the assurance and possession of the Crown he obtained by composition in which he bound himself to observe these and the other antient Laws and Liberties of the Kingdom which afterwards he likewise confirmed by oath at his Coronation from him the said Obligation descended to his Successors It is true they have been often broken they have been often confirmed by Charters of Kings by Acts of Parliaments but the Petitions of the Subjects upon which those Charters and Acts were founded were ever Petitions of Right demanding their antient and due Liberties not suing for any new To clear the third Position he said may seem to some men more a Paradox That those Liberties of the Subject should be so honorable so profitable for the King and most necessary for the supply of his Majesty It hath been upon another occasion declared that if those Liberties were taken away there should remain no more industry no more justice no more courage who will contend who will endanger himself for that which is not his own But he said he would not insist upon any of those points nor yet upon other very important he said that if those Liberties were taken away there would remain no means for the Subjects by any act of Bounty or Benevolence to ingratiate themselves to their Soveragn And he desired their Lordships to remember what profitable Prerogatives the Laws had appointed for the support of Soveraignty as Wardships Treasures trove Felons-goods Fines Amercements and other Issues of Courts Wrecks Escheats and many more too long to be enumerated which for the most part are now by Charters and Grants of several Princes dispersed into the hands of private Persons and that besides the antient Demeasnes of the Crown of England William the Conqueror did annex for the better maintenance of his Estate great proportions of those Lands which were confiscate from those English which persisted to withstand him and of these very few remain at this day in the Kings possession And that since that time the revenue of the Crown had been supplied and augmented by Attainders and other Casualties in the age of our Fathers by the dissolution of Monasteries and Chantries neer a third part of the whole Land being come into the Kings possession He remembred further that constant and profitable Grant of the Subjects in the Act of Tonnage and Poundage And all these he said were so alienated anticipated overcharged with annuities and assignments that no means were left for the pressing and important occasions of this time but the voluntary and free gift of the Subjects in Parliament The hearts of the People and their bounty in Parliament is the onely constant Treasure and Revenue of the Crown which cannot be exhausted alienated anticipated or otherwise charged and incumbred In his entrance into the second part he propounded these Steps by which he meant to proceed 1. To shew the state of the Cause as it stood both in the Charge and in the Proof that so their Lordships might the better compare them both together 2. To take away the pretences of mitigations and limitations of his Opinions which the Doctor had provided for his own defence 3. To observe those circumstances of Aggravation which might properly be annexed to his Charge 4. To propound some Precedents of former times wherein though he could not match the offence now in question for he thought the like before had never been committed yet he should produce such as should sufficiently declare how forward our Ancestors would have been in the prosecution and condemning of such offences if they had been then committed The Offence was prescribed in a double maner First by the general scope and intention and by the matter and particulars of the Fact whereby that intention was expressed In the description of the intention he observed six Points every one of which was a Character of extreme malice and wickedness 1. His attempt to misguide and seduce the Conscience of the King 2. To incense his Royal Displeasure against his Subjects 3. To scandalize impeach and subvert the good Laws and Government of the Kingdom and Authority of Parliaments 4. To avert his Majesties minde from calling of Parliaments 5. To alienate his royal Heart from his People 6. To cause Jealousies Sedition and Division in the Kingdom Of these particulars he said he would forbear to speak further till he should come to those parts of the Fact to which they were most properly to be applied The Materials of the Charge were contrived into three distinct Articles the first of these comprehended two Clauses 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the right and liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common consent in Parliament 2. That his Majesties Will and Command in imposing any Charges upon his Subjects without such consent doth so far bind them in their Consciences that they cannot refuse the same without peril of eternal damnation Two kinds of Proof were produced upon this Article The first was from some assertions of the Doctors concerning the power of Kings in general but by necessary consequence
Sword and Blade and to what place both the head and tail became Vertical together with other secrets Said That not onely all Europe to the elevation of Fifty two degrees was liable to its threatnings but England especially yea That person besides in whose fortune we are all no less imbarked then the Passenger with the Ship is in the Pilot that guideth the same the truth whereof said he a few years will manifest to all men And it was observed by Dr. Bainbridge a famous Astronomer that toward the Declination of it the Eleventh of December it past over London in the morning and so hasted more Northwards even as far as the Orcades Amidst these distractions the House of Austria made no small improvement of their interest in the King of Great Brittain who in the hot pursuit of the Spanish Match was earnest to oblige them And the Spaniards made shew that on their part nothing under Heaven was more desired then this Alliance and in their Discourses magnified the King Queen and Prince of England For the state of their Affairs did press them hard if not to close really yet at least to fain a pressing towards it For the French administred cause of discontent the Truce with the United Provinces was near expiring but above all they took to heart the Bohemian War and resolved to set the main stock upon it Wherefore the King of Spain gave commandment that his Treasure should be gathered together for the Infanta's vast portion being no less then Two Millions and gave hopes of the payment of half a Million beforehand as was desired and with himself all Dispatches seemed to pass freely But his Ministers gave not the same satisfaction and proceeded so slackly in the business that they were suspected either not to intend it at all or not so soon as was pretended Besides the wiser here observed and repined that all difficulties hazards and odious passages must rest on the English side which Spain did little value That King Iames did that to gratifie the Spaniard which rendred him disgusted by his Subjects but if Favor were granted to any Subject of his by the King of Spain it was not without design to engage him in his own Service Which resentments may be collected from a Letter written by a great Minister of State to Mr. Cottington his Majesties then Agent in Spain which for clearer satisfaction you have here at large GOod Mr. Cottington I doubt not but that before these come to your hands you will have heard of the Receipt of all your former Letters These are in answer of your last of the Eighth of October wherein you advertise of the arrival of the Conde Gondomar at Lerma and of his entertainment by that Duke It seemeth unto us here in England that he hath gone but very slowly in his journey and divers seeing how long time he hath spent in the way do make conjecture That it proceedeth from the small affection that he judgeth to be there towards the effecting of the main business saying If the Ambassador were assured that his Master did so really desire the speedy effecting thereof as is pretended he would have made more haste homeward and that it hath not been sincerely intended but meerly used by that State as an amuzement to entertain and busie his Majesty withal and for the gaining of time for their own ends And this is muttered here by very many but I hope we shall ere long receive such an account from thence of their proceedings as will give sufficient satisfaction For my own part I must confess I am yet well perswaded of their intentions for if there be either Honor Religion or Moral honesty in them the Protestations and Professions which I have so often heard them make and you likewise daily advertise hither are sufficient to perswade a man that will not judge them worse then Infidels to expect sincere dealing in the business and whensoever I shall perceive that they go about to do otherwise I must confess my self to have been deceived as I shall ever be on the like terms while I deal with inmost care but withal I shall judge them the most unworthy and persidious people of the World and the more for that his Majesty hath given them so many testimonies of his sincere intentions toward them which he daily continueth as now of late by the causing Sir Walter Rawleigh to be put to death cheifly for the giving them satisfaction whereof his Majesty commanded me to advertise you and concerning whom you shall by the next receive a Declaration shewing the Motives which induced his Majesty to recal his mercy through which he had lived these many years a condemned man In the mean time I think it ●it that to the Duke of Lerma the Confessor and the Secretary of State you do represent his Majesties real manner of proceeding with that King and State and how for the advancing of the great business he hath endeavored to satisfie them in all things letting them see how in many actions of late of that nature his Majesty hath strained upon the affections of his people and especially in this last concerning Sir Walter Rawleigh who died with a great deal of courage and constancy and at his death moved the common sort of people to much remorse who all attributed his death to the desire his Majesty had to satisfie Spain Further you may let them know how able a man Sir Walter Rawleigh was to have done his Majesty service if he should have been pleased to imploy him yet to give them content he hath not spared him when by preserving him he might have given great satisfaction to his Subjects and had at command upon all occasions as useful a man as served any Prince in Christendom and on the contrary the King of Spain is not pleased to do any thing which may be so inconvenient unto him as to lessen the affections of his people or to procure so much as murmuring or distractions amongst them And therefore it is to be expected that on his part they answer his Majesty at least with sincere and real proceeding since that is all they are put to the difficulties and hazards being indeed on his Majesties side And truly I should think it ●it that not by way of commination but as it were out of zeal to the Peace and Amity betwixt these two Crowns you did intimate to the Duke and the other Ministers how impossible you held it to have peace long continued betwixt their Majesties if in this business wherein so much hath been professed there should be found any indirectness But herein you must be cautious and temperate for as on the one side you and I well know that this stile most perswades with them so on the other side the decency and buen termine that is to be observed betwixt great Princes will hardly admit of Threats or Revenge for a Wooing Language but this I know falleth into so
Declaration But now I am come understanding the time of your Censure at hand to express my readiness to put in Execution which is the life of the Law those things which ye are to sentence For even the Law it self is a dead letter without Execution For which office God hath appointed me in these Kingdoms And though I assure my self that my former behaviour in all the course of my life hath made me well known for a just King yet in this special case I thought fit to express my own intentions out of my own mouth for punishment of things complained of The first proof whereof I have given by the diligent search I caused to be made after the person of Sir Giles Mompesson who though he were fled yet my Proclamation pursued him instantly And as I was earnest in that so will I be to see your Sentence against him put in execution Two reasons move me to be earnest in the execution of what ye are no sentence at this time First That duty I owe to God who hath made me a King and tied me to the care of Government by that Politique Marriage betwixt me and my People For I do assure you in the heart of an honest man and by the faith of a Christian King which both ye and all the world know me to be had these things been complained of to me before the Parliament I would have done the office of a just King and out of Parliament have punished them as severely and peradventure more then ye now intend to do But now that they are discovered to me in Parliament I shall be as ready in this way as I should have been in the other For I confess I am ashamed these things proving so as they are generally reported to be that it was not my good fortune to be the onely Author of the Reformation and punishment of them by some Ordinary Courts of Justice Nevertheless since these things are new discovered by Parliament which before I knew not of nor could so well have discovered otherwise in regard of that Representative Body of the Kingdom which comes from all parts of the Countrey I will be never a whit the slower to do my part for the execution For as many of you that are here have heard me often say and so I will still say so pretious unto me is the Publick Good that no private person whatsoever were he never so dear unto me shall be respected by me by many degrees as the Publick Good not onely of the whole Commonwealth but even of a particular Corporation that is a Member of it And I hope that ye my Lords will do me that right to publish to my people this my Heart and purpose The second Reason is That I intend not to derogate or infringe any of the Liberties or Priviledges of this House but rather to fortifie and strengthen them For never any King hath done so much for the Nobility of England as I have done and will ever be ready to do And whatsoever I shall say and deliver unto you as my thought yet when I have said what I think I will afterwards freely leave the Judgment wholly to your House I know you will do nothing but what the like hath been done before And I pray you be not jealous that I will abridge you of any thing that hath been used For whatsoever the Precedents in times of good Government can warrant I will allow For I acknowledge this to be the Supream Court of Justice wherein I am ever present by Representation And in this ye may be the better satisfied by my own presence coming divers times among you Neither can I give you any greater Assurance or better Pledge of this my purpose then that I have done you the honor to set my onely Son among you and hope that ye with him shall have the means to make this the happiest Parliament that ever was in England This I Profess and take comfort in That the House of Commons at this time have shewed greater love and used me with more respect in all their proceedings then ever any House of Commons have hitherto done to me or I think to any of my Predecessors As for this House of yours I have always found it respective to me and accordingly do I and ever did favor you as you well deserved And I hope it will be accounted a happiness for you that my Son doth now sit among you who when it shall please God to set him in my place will then remember that he was once a Member of your House and so be bound to maintain all your lawful Priviledges and like the better of you all the days of his life But because the World at this time talks so much of Bribes I have just cause to fear the whole Body of this House hath bribed him to be a good Instrument for you upon all occasions He doth so good Offices in all his Reports to me both for the House in general and every one of you in particular And the like I may say of one that sits there Buckingham he hath been so ready upon all occasions of good Offices both for the House in general and every Member in particular One proof thereof I hope my Lord of Arundel hath already witnessed unto you in his Report made unto you of my Answer touching the Priviledges of the Nobility how earnestly he spake unto me of that matter Now my Lords the time draws near of your Recess whither formality will leave you time for proceeding now to Sentence against all or any of the persons now in question I know not but for my part since both Houses have dealt so lovingly and freely with me in giving me a free gift Two Subsidies in a more loving manner than hath been given to any King before and so accepted by me And since I cannot yet retribute by a General Pardon which hath by Form usually been reserved to the end of a Parliament the least I can do which I can forbear no longer is to do something in present for the ease and good of my people Three Patents at this time have been complained of and thought great Grievances 1. That of the Inns and Hosteries 2. That of Ale-houses 3. That of Gold and Silver Thred My purpose is to strike them all dead and that time may not be lost I will have it done presently That concerning Ale-houses I would have to be left to the Managing of Justices of the Peace as before That of Gold and Silver Thred was most vilely executed both for wrong done to mens persons as also for abuse in the Stuff for it was a kinde of false Coyn. I have already freed the persons that were in prison I will now also damn the Patent and this may seem instead of a Pardon All these three I will have recalled by Proclamation and wish you to advise of the fittest Form to that purpose I hear also there is
the Ambassadors person as some are said to have done yet for using railing speeches against him calling him Divel or words to that purpose it was His Majesties pleasure that that fellow without any further delay on the morrow in the forenoon be publickly and sharply whipt thorow London beginning at Algate and so through the streets along by the place where the affront was offered towards Fleetstreet and so to Temple-Bar without any manner of favor The people were enraged at Gondomar through a perswasion that he abused the King and State to advance the designs of Spain By means of his power with the King he had transported Ordinance and other warlike Provisions to furnish the Spanish Arsenals and it was believed that he underhand wrought the sending of Sir Rob. Mansel into the Mediterranean Sea to fall upon the Pirates of Algier The Merchants of this Kingdom by them much infested being also induced to move for this Expedition wherein the English fleet performed gallantly and advancing within the reach of Cannon and small shot which from the Land showred like Hail upon them fired the Pirates ships within their own Harbor Nevertheless hereby our Strength was diverted our Treasure exhausted and the Spanish fleet and Merchants secured from those Robbers and Spain left at liberty to assist in subduing the Palatinate In the mean while our Kings Affairs in Germany notwithstanding the many Complaints grew more and more desperate In Bohemia the Emperor having well nigh subdued and setled the Country proceeded to the Tryal and Execution of the Authors of the late Commotions some were condemned to perpetual imprisonment and others to death and the Heads of many eminent persons were fixt on the Towers in Prague and their bodies quartered After this the Emperor began both in Austria and Hungaria to imprison divers that assisted the Bohemians and caused Proces to be made against them The Marquess of Iagerndorfe who stirred in the County of Glatsburgh and raised forces by Commission from the Elector Palatine published Letters against the Executions in Bohemia as cruel and barbarous The Emperor put forth an Answer and said That the Marquess published those things maliciously forasmuch as in Bohemia was the Original sedition and the head that infected the members That some few persons Authors of the troubles not in hatred of their Religion but for their Rebellion have been punished by the hand of Justice And he declared further That the like exemplary Justice should not be done in other places but that the Articles of the Peace should be observed By this time the Parliament having sate about four moneths King Iames was desirous to give them a time of vacancie The Lord Treasurer by the Kings command declared unto the Houses That his Majesty by the advice of his Privy Council thought fit to adjourn the Parliament lest the season of the year by the continual concourse of people should cause Infection Also that the Lieutenans and Justices might be in the Country And the Adjournment keeping the Parliament still in being was better then Proroguing That his Majesty had already redressed corruption in Courts of Justice and by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver-Thread and cherished the Bill against Informers and Monopolies The Commons were troubled at this Message and desired a Conference with the Lords and moved them to petition the King to forbear the Adjournment The King takes notice of it and the Treasurer acquainted the Lords that a Petition of this nature could not be pleasing to his Majesty it seeming to derogate from his Prerogative who alone hath power to call adjourn and determine Parliaments The Commons at a further Conference declared their hearty sorrow and passionate grief at the Kings resolution which they said cut off the performance of what they had consulted and promised for the Publique weal. The Lords sitting in their Robes the King came and made a Speech takes notice of his Message to both Houses and gave their Lordships thanks for obeying the same and acknowledging his power to call adjourn and dissolve Parliaments and for refusing to join with the Commons in the Petition for Non-adjournment And whereas some had given out that no good had been done this Parliament He put them in mind that the two Patents grievous to the Commonwealth were called in and that the Parliament had censured the Offenders for an example to all ages And if they desired it he offered them eight or ten days longer sitting to expedite Bills but said that at the request of the Commons he would not grant it The Lords had a Conference with the Commons after which they moved the King to continue their sitting for fourteen days which was granted and the Commons were satisfied with the resolution of Adjournment A Committee of both Houses afterwards attending the King he told them how ill he took it that the Commons should dispute his reasons of Adjournment all power being in him alone to call adjourn prorogue and dissolve Parliaments And on Iune 4. he declared for an Adjournment till November following And that he will in the mean time of his own authority redress Grievances And his Majesty as General Bishop of the Land did offer his prayers to God for both the Houses and admonished them That when they go into the Country they give his people a good accompt and satisfaction both as to the Proceedings and to the Adjournment of the Parliament The House of Commons immediately before their recess taking to heart the miseries of the Palatinate resolved that the drawing back in so good a Cause should not be charged on their slackness And thereupon drew up this following Declaration with an universal consent THe Commons assembled in Parliament taking into most serious consideration the present state of the Kings Children abroad and the generally afflicted estate of the true Professors of the same Christian Religion professed by the Church of England in Foreign parts And being touched with a true sense and fellow féeling of their distresses as Members of the same Body do with unanimous consent in the name of themselves and the whole body of the Kingdom whom they represent declare unto his most excellent Majesty and to the whole World their hearty grief and sorrow for the same and do not only join with them in their humble and devout prayers unto Almighty God 〈◊〉 protect his true Church and to avert the dangers now threatned but also with one heart and voice do solemnly protest That if His Maies●●● pious endeavors by Treaty to procure their peace and safety shall not take that good effect which is desired in Treaty Wherefore they humbly beseech His Majesty not to suffer any longer delay That then upon signification of His Majesties pleasure in Parliament they shall be ready to the utmost of their powers both with their lives and fortunes to assist him so as that by the Divine
not doubting but we shall confine our selves within the limits of Duty And because this great business may give us occasion often to resort to your Majesty That upon our Publick Suit you will be pleased to give us your own fit time of access And that all our actions may have a benign interpretation and a good acceptation and opinion Lastly That I may not onely be a Speaker but an humble Suitor protesting by the great God by whom Kings do reign That whatsoever I have said hath proceeded from a Loyal Heart I therefore desire that may be covered with the vail of your Gratious Construction or acquitted by your Gratious Pardon The King having referred the whole business of the Spanish Match to the Advice of Parliament the Duke of Buckingham made to both Houses in the Pallace at Whitehal a long Narration of all the Transactions in Spain which was accompained with the Princes Attestation In the Narration it self his Grace observed Six distinct and several parts The first was the Motives of the Prince his Iourney to Spain The second the Treaty of the Marriage set on foot in Spain severally and by its self The third the Treaty of the Marriage and Restitution united together by a Reciprocal Subordination The fourth the Prince his Highness return from Spain The fifth his Majesties subsequent proceedings in both the Treaties since the return The last was the stating of the Question super totam materiam wherein both the Houses were to offer unto his Majesty their humble Advice and Counsel Of these parts his Grace spake very distinctly and orderly I. The Motives to the Princes Journey to Spain THe Negotiation of Master Chancellor of the Exchequer with the Arch-Dutchess which ministred unto his Majesty the first occasion of Jealousie and made a kinde of discovery of the Spaniards indirect dealing with this State Then was read the aforementioned Letter of the Third of October 1622. from the King to the Earl of Bristol wherein Bristol was required to let the King of Spain know how sensible King Iames was of the Emperors proceedings towards him and that he should demand of the King of Spain a promise under Hand and Seal that Heidelburgh should be delivered within Seventy days after Audience and the like for Manheim and Frankendale if they be taken and if this be denied to press to have leave to march through the King of Spains Territories with an Army for the recovery of his Childrens Patrimony and that the King of Spain should assist us with his Forces The Duke desired the Houses to take for truth what ever he should say granted and attested by the Princes presence and declared That this Letter was not put home to the uttermost by Bristol Hereupon a Dispatch was sent away to my Lord of Bristol expresly commanding him to press his Directions more home then yet he had done and in case he should be denied or delayed by the King of Spain then to take his leave and come away This was not so fully exacted by my Lord of Bristol Porter that carried these Letters was commanded not to stay above Ten days who after he had been there some Four or five days and saw nothing towards a Dispatch went himself to the Conde Olivares having been his Creature and desired him that he would speed his Dispatch Olivares asked him what he would have who replied No more then what had been formerly promised that in case the Emperor should deny the Restitution of the Palatinate the King of Spain should assist our King by Arms to recover it or else give way to our Forces to March thither through his Countrey Olivares replied That this was a preposterous demand What to assist with Arms against the Kings Uncle and the Catholick League Porter speaking to him of the Marriage of our Prince with the Infanta of Spain he told him That he understood not a word of it Porter acquainting Bristol herewith he said He would call Olivares to an account if he held this Language with him and would make him understand That an Earl of England was as good a ma● as a Conde of Spain But sending for Porter the next morning he changed his resolution and concluded to carry the business more calmly and said the Conde was so reserved because he was slie and dainty to report those Mysteries with that freedom to him who was not qualified as a Publick Minister The Conde was angry with Porter for communicating what he said to Bristol Mr. Porter returned with a Dispatch fraught with Generalities without any one particular or certainty at all made in relation to the Prince's Highness who thereupon took his resolution to go in person to Spain and gave himself these Reasons for the enterprise He saw his Fathers Negotiation plainly deluded Matters of Religion gained upon and extorted his Sisters cause more and more desperate and that this was the way to put things off or on and that in this particular delay was worse then a denial and that according to the usual Proverb A desperate disease must have a desperate remedy Hereupon the King commanded the Duke to accompany his Highness in his Journey II. The Treaty of the Marriage severed and by it self WHen the Prince had arived at Madrid the Conde gave him a visit magnified exceedingly the Princes journey amplified the Obligations his Highness had put upon that King and said That now without all peradventure it must be a Match and we must part and divide the whole World between us The next day the Conde taking the Duke into his Coach and Mr. Porter for his Interpreter falling into discourse of the Match he said unto the Duke Let us dispatch this Match out of hand and strike ● up without the Pope The Duke answered He liked the manner very w●ll but desired to understand the Means The Means quoth the Conde is very easie it is but the Conversion of the Prince which we cannot conceive but his Highness intended upon his Resolution for this Journey The Duke answered forthwith That with freedom they came thither and with freedom they would return again they were no Juglers neither came they to Spain to make new bargains That the Prince was setled in his Religion his Conscience was troubled with no scruples in that kinde If they struck any more upon that string they would mar all the harmony Then said the Conde there is no way but to send to Rome to hasten the Dispensation to which the Duke assented Hereupon the Conde wrote his Letter to the Cardinal Lodovisia the Popes Nephew which being shewed to the Duke seemed to him to be very heavy the Duke therefore desired to quicken it with this Postscript That now the Prince being arived must not be sent back without a Wife that delay to a Suitor is a kinde of refusal that Clogging Instructions would amount to a denial and new Conditions to an absolute breach The Conde fell into Choller said directly it
avaritious men who adored their Mammon deterred men from that noble and pious work They were then but Panick terrors clouds cast before the Sun which now shines out so bright as all those mists are vanished His Majesty calls to us for aid he invites us to it and he that was born to Command now vouchsafes to entreat us Now if ever now is the time to do our Country good Do we desire to sweep all Grievances out of this Land Do we desire to extinguish the care of them that they may never more germinate in this Commonwealth Do we desire to destroy those Spiders that spin this Net Now if ever now is the time to effect it And to arive at this blessing methinks I discover a plain and easie way let us please the King first and I speak it with Faith He will be gratiously pleased to reward us Prove rich Merchants and make a brave return Great and generous spirits are then most apt to make requests when first they have obtained their own In the Region of Kings the way to conquer is to submit and nothing more obligeth an honest heart to perform what is expected then to believe and trust in him This is the way to make his Majesty not onely love but fall in love with Parliaments This is the way to recal them home from exile and again render them frequent amongst us This is the way to fix this until we have purchased present ease and future happiness to our Country Let his Majesty have hearts ease amongst us and we shall receive from his Royal Hand that Dictamum which must expel these Arrows that hang in the sides of the Commonwealth Thus have I delivered my opinion which if it be not the same with every one here present I shall beg that favorable censure which Charity commands me to afford to all Let him believe I have spoken my Conscience as I shall of him though he happen to dissent from my opinion For from what Circumference soever the Lines be drawn the Center is the same which is our Countreys good at which the desire of every man ought to aim and the duty of every man ought to desire He that would take another course and have Grievances first preferred if he wished that out of a good to his Countrey as unwilling to innovate antient proceedings of this man I will onely say Optime sentit Cato sed nocet interdum Reipublicae But if there be any other who out of a corrupt and imposthumate heart looking to false and foreign ends would endeavor to put a Partition-Wall between the King and his people this man I dare pronounce neither good Subject nor good Englishman nor good Christian but the Agent of base and beggerly Promoters needy and greedy Projectors and a friend to those Monsters which I hope have no Generation who not born to any Fortune nor having Vertue nor Industry by which they might hope to obtain any yet like Harpies greedy to devour other mens Possessions care not what way they take to become masters of them sleighting the latter day of Judgment so they may rest secured from yielding any account in this World I have no more to say but that God would be pleased to incline our hearts to do that which may be most for his glory next for the Kings service then for the Countreys happiness SInce Supply unto his Majesty is now in question of which I hope there will be no question I humbly ask leave of this Honorable Assembly to speak my Opinion assuring you That when a Treaty of Grievances shall be on foot it shall appear I will not sit silent if I find my self able to say any thing that may lend a hand to unload my Country of that heavy burthen it now groans under by reason of the innumerable number of Monopolies which like so many Incubusses and Succubusses exhaust the Vital spirits and so press down those Parts which ought to enjoy free respiration as without some speedy remedy is like to run to extreme hazard But this I refer to its proper time and reserve my self for it and now proceed to the matter in hand Sure I do think there are very few that serve in this House if there be any who do not confidently believe that the chief Motive which induced his Majesty at this time to assemble this Parliament was a meer Necessity to be by us enabled for the Recovery of the Patrimony belonging to the King of Bohemia now almost traversed from him and in the possession of a powerful Enemy If there be any who doubt of this truth I hope he may easily rest satisfied when I shall assure him out of my own knowledge that many days before this Session his Majesty commanded a select number of Noblemen and Gentlemen the most part whereof have been Commanders in the Wars and some yet are to consult together of what Number of men an Army ought to be composed which might be able to recover the Palatinate and protect it from a second Invasion These according to his Majesties good pleasure divers days met together at one appointed place and there contributed their best endeavors At least they have finished their task advised the King of the Number of Soldiers they have estimated the present Charge his Majesty must be at for the Relieving Arming Clothing Munition and Habiliments of War These have likewise calculated the Annual Expence for the maintenance of them The first I will now inform you And for the last Point because of a greater Charge and Consequence I will allow more time of Consideration Twenty five thousand Foot and Five thousand Horse is the portion they all agree on and less they could not consider to be sent considering they were to combat with an Enemy so far from hence already in possession of a great part of the Country well fortified in many places Master of an Army composed with Twenty thousand Foot and Four thousand Horse most Veterane Soldiers commanded by the best Captains now known in the Christian world except the Prince of Orange after whom to be esteemed second is the highest praise I say all these respects duly weighed there could not in their judgments be abated of this proportion And this Army was framed on that mould which the Secretaries of State gave them of the Enemies strength The issue of Battels is in the hands of God The eyes of Humane providence cannot see beyond its horizon It cannot ascertain future Contingents it can only judge of what seems fit to be done guided by the Rules of Probability and Reason Events happen often contrary and never more contrary then in matters of Warfare Yet admit a sinister success to happen a Counsel wisely taken ought not therefore to lose the due commendations Sirs I have told you the Number You now expect to know the present Charge in which I shall deal most truly with you Believe me His Majesty must disburse Thirty thousand
pounds for provision of Necessities to furnish such an Army to be sent The most part of the Provisions must be made beyond the Seas for there Arms are best and best cheap This Army must if such an Army go by the end of April It was God that said Let there be light and it was so Kings though they be stiled Gods enjoy no such power incommunicable to any Kings Whatever their ends or desires are they must allow time to the consummation of them They be Soveraigns over us but subject unto Time But what need I add spurs to a forward horse In my conscience there are few Members in this House that to that Holy War as I may justly stile it would not as willingly and as heartily contribute the service of their persons as the assistance of their purses I know I speak the Language of all your Hearts let us shew our Faith by our works Time was to have done much better then now we can time is that we may do well but if we attend somewhat longer time will be past So as all we do then will be so out of season as it can produce neither any great nor any good effect But stay methinks I hear some say Why his Majesty told us that by way of Treaty he hoped so to prevail as the Palatinate should be restored I confess I heard so to and Heaven be pleased to crown his actions with success as the piousness of his intentions deserves But I must be excused if I doubt it if I fear it if I despair of it For it is no article of my Faith to believe in Miracles But suppose this might be brought to pass what then shall this gift of ours be lost or cast away No sure it will be well bestowed if as a Sacrifice of our thankfulness we offer it unto his Maj●sty by whose Wisdom that is regained which certainly by any other course must needs have exposed our persons to great danger and our purses to much more expence And in this we shall do as he that receiveth a rich present and returns a small reward Perhaps this way may not quadrate with every mans conceipt if not then let this which his Majesty demands to make provision for a Foreign Army be employed in rearing a Magazin here at home since so great is the want of Munition as I wonder we all cry out for want of Money and never think how to be stored of that which of the two is more necessary Seeing by the one we are onely enabled to live more plenteously and sumptuously and by the other our lives are preserved free from misery and slavery In matters of moment I know it is as laudable to use Deliberation before a Resolution as after that once taken Celerity in execution Council is the Compass by which all great Actions ought to be guided it is the Stear by which wise men do shape their courses I allow it I commend it I advise it yet to be so slow so discussive so long in resolving all we then can do will be no more worth then a Physitian after death Sure such a dulness must needs accuse us of much weakness if it admit of no worse construction bis dat qui cito dat freeness in giving graceth the gift dimidium facti qui bene coepit habet We have a long journey to go and to set forward is half the way How pressing the occasion is my Tongue faints to tell Vox faucibus haeret The Foxes have Holes and the Birds of the Air have Nests but the Daughter of our King and Kingdom scarce knows where to lay her head or if she do not where in safety Lastly When we had no other object in our Contemplations but the memory of her vertue which remaineth in durable Characters in the heart of every honest man what a forwardness and ferventness did we express in these our voluntary contributions notwithstanding that some base sordid and avaritious men who adored their Mammon deterred men from that noble and pious work They were then but Panick terrors clouds cast before the Sun which now shines out so bright as all those mists are vanished His Majesty calls to us for aid he invites us to it and he that was born to Command now vouchsafes to entreat us Now if ever now is the time to do our Country good Do we desire to sweep all Grievances out of this Land Do we desire to extinguish the care of them that they may never more germinate in this Commonwealth Do we desire to destroy those Spiders that spin this Net Now if ever now is the time to effect it And to arive at this blessing methinks I discover a plain and easie way let us please the King first and I speak it with Faith He will be gratiously pleased to reward us Prove rich Merchants and make a brave return Great and generous spirits are then most apt to make requests when first they have obtained their own In the Region of Kings the way to conquer is to submit and nothing more obligeth an honest heart to perform what is expected then to believe and trust in him This is the way to make his Majesty not onely love but fall in love with Parliaments This is the way to recal them home from exile and again render them frequent amongst us This is the way to fix this until we have purchased present ease and future happiness to our Country Let his Majesty have hearts ease amongst us and we shall receive from his Royal Hand that Dictamum which must expel these Arrows that hang in the sides of the Commonwealth Thus have I delivered my opinion which if it be not the same with every one here present I shall beg that favorable censure which Charity commands me to afford to all Let him believe I have spoken my Conscience as I shall of him though he happen to dissent from my opinion For from what Circumference soever the Lines be drawn the Center is the same which is our Countreys good at which the desire of every man ought to aim and the duty of every man ought to desire He that would take another course and have Grievances first preferred if he wished that out of a good to his Countrey as unwilling to innovate antient proceedings of this man I will onely say Optime sentit Cato sed nocet interdum Reipublicae But if there be any other who out of a corrupt and imposthumate heart looking to false and foreign ends would endeavor to put a Partition-Wall between the King and his people this man I dare pronounce neither good Subject nor good Englishman nor good Christian but the Agent of base and beggerly Promoters needy and greedy Projectors and a friend to those Monsters which I hope have no Generation who not born to any Fortune nor having Vertue nor Industry by which they might hope to obtain any yet like Harpies greedy to devour other mens Possessions care
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were sw●rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
Citizens and Burgesses of the House of Commons you are here assembled by his Majesties Writs and Royal Authority to hold a new Parliament the general Antient and Powerful Councel of this Renowned Kingdom whereof if we consider aright and think of that incomparable distance between the Supream height and majesty of a Mighty Monarch and the submissive aw and lowliness of a Loyal Subject We cannot but receive exceeding comfort and contentment in the frame and constitution of this Highest Court wherein not onely the Prelates Nobles and Grandees but the Commons of all degrees have their part and wherein that high Majesty doth descend to admit or rather to invite the humblest of his Subjects to Conference and Council with him of the great weighty and difficult Affairs of the King and Kingdom A benefit and favor whereof we cannot be too sensible and thankful for sure I am that all good hearts would be both sensible and sorrowful if we did want it And therefore it behooveth all with united hearts and mindes free from distraction and diversion to fix their thoughts upon Counsels and Consultations worthy of such an Assembly remembring That in it is presented the Majesty and Greatne●s the Authority and Power the Wisdom and Knowledge of this great and famous Nation and it behooveth us to magnifie and bless God that hath put the power of Assembling Parliaments in the hands of him the vertue of whose person doth strive with the greatness of his Princely Lineage and Descent whether he should be accounted Major or Melior a greater King or a better Man and of whom you have had so much tryal and experience That he doth as affectionately love as he doth exactly know and understand the true use of Parliaments witness his daily and unwearied Access to this House before his Access to the Crown his gratious readiness to all Conferences of Importance his frequent and effectual Intercession to his Blessed Father of never dying Memory for the good of the Kingdom with so happy success That both this and future generations shall feel it and have cause to rejoyce at the success of his Majesties Intercession And when the Royal Diadem descended upon himself presently in the midst of his Tears and Sighs for the departure of his most Dear and Royal Father in the very first Consultation with his Privy Council was resolved to meet his People in Parliament And no sooner did the heavy hand of that Destroying Angel forbear those deadly strokes which for some time did make this place inaccessible but his Majesty presently resolved to recal it and hath now brought you together and in a happy time I trust to treat and consult with uniform Desires and united Affections of those things that concern the general good And now being thus Assembled his Majesty hath commanded me to let you know that his Love and Affection to the Publick moved him to call this Parliament and looking into the danger and the spreading of that late Mortality and weighing the multitude of his Majesties pressing occasions and urging affairs of State both at home and abroad much importing the safety and state of this Kingdom the same affection that moved him to call it doth forbid him to prolong the sitting of this Parliament And therefore his Majesty resolving to confine this meeting to a short time hath confined me to a short Errand and that is That as a thing most agreeable to the Kingly Office to the example of the best times and to the frame of Modern Affairs his Majesty hath called you together to consult and to advise of provident and good Laws profitable for the Publick and fitting for the present times and actions for upon such depends the assurance of Religion and of Justice which are the surest Pillars and Buttresses of all good Government in a Kingdom For his Majesty doth consider that the Royal Throne on which God out of his Mercy to us hath set him is the Fountain of all Justice and that good Laws are the Streams and Quits by which the benefit and use of this Fountain is dispersed to his people And it is his Majesties care and study that his people may see with comfort and joy of heart that this Fountain is not dry but they and their Posterity may rest assured and confident in his time to receive as ample benefit from this Fountain by his Majesties Mercy and Justice as ever Subjects did in the time of the most eminent Princes amongst his Noble Progenitors wherein as his Majesty shews himself most sensible of the good of the Publick so were it an injury to this great and honorable Assembly if it should be but doubted that they shall not be as sensible of any thing that may adde to his Majesties honor which cannot but receive a high degree of Love and Affection if his Majesty succeeding so many Religious Wise and Renowned Princes should begin his Reign with some Additions unto those good Laws which their happy and glorious times have afforded And this his Majesty hath caused me to desire at this time especially above others for his Majesty having at his Royal Coronation lately solemnized the Sacred Rites of that Blessed Marriage between his people and him and therein by a most holy Oath vowed the Protection of the Laws and Maintenance of Peace both to Church and People no time can be so fit for his Majesty to advise and consult at large with his people as this present time wherein so lately his Majesty hath vowed Protection to his People and they have protested their Alleagiance and Service to him This is the sum of that charge which I have received from his Majesty to deliver unto you wherein you see his Majesties intent to the Publick And therefore his desire is That according to that conveniency of time which his Affairs may afford you will apply your selves to dispatch the business of this Parliament The Wednesday following the Commons presented Sir Hennage Finch Knight Serjeant at Law and Recorder of London for their Speaker who having made the accustomed Excuses and acknowledged his Majesties Approbation made this Speech SInce it hath pleased your Majesty not to admit my humble Excuse but by your Royal Approbation to crown this Election after my heart and hands first lifted up to God that hath thus inclined your Royal Heart I do render my humblest thanks to your Majesty who are pleased to cast so gratious an eye upon so mean a Subject and to descend so low as in a service of this Importance to take me into your Princely Thoughts And since we all stand for Hundreds and Thousands for Figures and Cyphers as your Majesty the Supream and Soveraign Auditor shall please to place and value us and like Coyn to pass are made currant by your Royal Stamp and Impression onely I shall neither disable nor under-value my self but with a faithful and chearful heart apply my self with the best of my strength and abilities
good or evil they are to continue or not to be And remember that if in this time instead of mending your Errors by delay you persist in your Errors you make them greater and irreconcileable Whereas on the other side if you do go on cheerfully to mend them and look to the distressed State of Christendom and the Affairs of the Kingdom as it lieth now by this great Engagement you will do your selves honor you shall encourage me to go on with Parliaments and I hope all Christendom shall feel the good of it The Commons upon the Debate of what fell from his Majesty and the Lord Keeper turned the House into a Grand Committee ordered the doors to be locked and no Member to go forth and that all Proceedings in all other Committees shall cease till the House come to a Resolution in this business His Majesty being informed that some things in his own Speeches and the Lord Keepers Declaration were subject to misunderstanding commanded the Duke to explain them at a conference of both Houses in the Painted-Chamber held for that purpose WHereas it is objected by some who wish good Correspondency betwixt the King and People that to prefix a day to give or to break was an unusual thing and might express an inclination in the King to break to remove this as his Majesty was free from such thoughts he hath descended to make this Explanation That as his Majesty would not have you condition with him directly or indirectly so he will not lye to a day for giving further Supply but it was the pressing occasion of Christendom that made him to pitch upon a day His Majesty hath here a Servant of the King of Denmark and another from the Duke of Weymer and yesterday received a Letter from his Sister the Queen of Bohemia who signified that the King of Denmark hath sent an Ambassador with Power to perfect the Contract which was made at the Hague so it was not the King but time and the things themselves that pressed a time Therefore his Majesty is pleased to give longer time hoping you will not give him cause to put you in minde of it again so that you have a greater Latitude if the business require to think further of it I am commanded further to tell you that if his Majesty should accept of a less sum then will suffice it will deceive your expectations disappoint his Allies and consume the Treasure of the Kingdom whereas if you give largly now the business being at the Crisis it comes so seasonably it may give a Turn to the Affairs of Christendom But while we delay and suffer the time to pass others abroad will take advantage of it as the King of Spain hath done by concluding a Peace as 't is though in Italy for the Vatoline whereby our work is become the greater because there can be no diversion that way As it was a good Rule to fear all things and nothing and to be Liberal was sometimes to be Thrifty so in this particular if you give largly you shall carry the War to the Enemies door and keep that Peace at home that hath been Whereas on the contrary if you draw the War home it brings with it nothing but disturbance and fear all Courses of Justice stopt and each mans Revenues lessened and nothing that can be profitable Another Explanation I am commanded to make touching the grievances wherein his Majesty means no way to interrupt your Proceedings but hopes you will proceed in the antient wayes of your Predecessors and not so much seek faults as the means to redress them I am further commanded to tell you That his Majesty intends to elect a Committee of both Houses whom he will trust to take the view of his Estate the Defects whereof are not so fit for the Eyes of a Multitude and this Committee will be for your ease and may satisfie you without casting any ill odour on his Government or laying open any weakness that may bring shame upon us abroad That which is proposed is so little that when the payment comes it will bring him to a worse estate then now he is in therefore wishes you to enlarge it but leaves the augmentation to your selves but is sorry and touch'd in Conscience that the burthen should lie on the poorest who want too much already yet he will not prescribe but wish that you who were the Abettors and Counsellors of this War would take a greater part of the Burthen to your selves and any man that can finde out that way shall shew himself best affected and do the best service to the King and State The Duke then made his Address to them in his own behalf My Lords and Gentlemen YOu were all witnesses yesterday how good and gratious a Master I serve and I shall be likewse glad that you be witnesses how thankful a heart I have And I protest I have a heart as full of zeal to serve my Master as any man and it hath been my study to keep a good correspondency betwixt the King and his people And what ever thought hath been entertained of me I shall not alien my heart from that intention but shall adde spurs to my endeavours and actions to vindicate my self from ill opinion And however I lye under the burthen of the same it lies in your hands to make me happy or not and for my part I wish my heart and actions were known to you all then I assure my self you would resume me to your good opinions When I had with some hazard waited on my Master into Spain it is well known what Testimony I gave of my Religion and no man that comes to a true and near view of my action can justly charge me Let me be excused If I give accompt of this particular when I should speak of the general for this goes near my heart and to dissemble with my Conscience no ends of Fortunes in the World can make me do it For if I had any ill inclination I had such offers made to me in Spain as might have tempted me If I would have been converted my self I might have had the Infanta to put in my Masters Bed and if my discontent should have risen here I might have had an Army to have come with me But I thought the offer foolish ridiculous and scornful in that point of Religion I will now take the boldness to speak a little in the general business and I call it boldness to speak after one who did so well the other day But I had rather suffer in my own particular then not refresh your Memories with that which is materially needful I shall not need to reflect so far back as to the beginning of those Counsels which engaged my Master into the War they are well known onely I will so far touch it as to say That the last years preparations were not Voluntary or out of Wantonness but out of Necessity My Master
of the State and safety of them both I never had any end of mine own and that may be perceived and proved by the expence of mine own estate I am ashamed to speak it and it would become another mans tongue better then mine own My Journey into Spain was all at mine own charge my Journey into France was at my Masters charge my Journey into the Low-Countreys was all at mine own charge I am accused by common Fame to be the cause of the loss of the Narrow Seas and the damage there sustained That I can say is this Since the War begun with Spain I have always had Twelve Ships on the Coasts and allowance but for Four the rest my own care supplied And for the Office of Admiral when I came first to it I found the Navy weak not neglected by my Noble Predecessor for I cannot speak of him but with honor and I shall desire to go to my Grave with the honor he carried hence but by the not paying of moneys in time there were such defects his care could not prevent that if the War had then broken out there would have been found few Ships and those unserviceable I was first perswaded to take this Office by perswasion of Sir Robert Munseld and though I objected I was yong and unexperienced yet he said that by my favor with my Master I might do more good in procuring payment for that charge And because I was yong and unexperienced I took advice as I do in all things and am not ashamed of it I desired my Master to grant a Commission as it were over me I have found a great Debt the Ships defective and few in number the yearly charge of Fifty four thousand pounds which was brought to Thirty thousand pounds per annum we built every year two Ships and when so many were built as were requisite we brought it to Two and twenty thousand pounds per annum which comes not to my hands but goes into its proper streams and issues from the Officers to that purpose deputed Now if any can shew me a Project how to maintain War against Spain Flanders and the Turkish Pirates with less charge he shall do a great work and good service I have had sometimes Twenty sometimes Thirty Ships though sometime disastred by Tempest which disperst the Hollanders Ships and caused them to cut their Masts and forsake their Anchors There are now Twelve Ships victualled for two Moneths and though many Reports have been that they do not do their duty yet I have advertised them thereof from time to time and finde no such fault in them There are Thirty Ships more at Plimouth victualled for six Moneths and Ten more ready so soon as they may be victualled I have been so frugal of making use of the old remain that there is no need of Ammunition or other necessaries Besides all these there are Twenty Ships to come from the Low-Countreys so you have Twelve Twenty Thirty and Ten more which I think you have not heard of And therefore if any have blamed me I do not blame him but think he hath done well but when you know the truth and when all this shall appear I hope I shall stand right in your opinions Gentlemen It is no time to pick quarrels one with another we have enemies enough already and therefore more necessary to be well united at home Follow not examples at least not ill examples of Gondomar and Ynojosa who would have had my head when you thought me worthy of a salute Now though I confess there may be some Errors I will not justifie my self yet they are not such gross defects as the World would make them appear I desire they may be admitted Cum Nota. They are no Errors of Wilfulness nor of Corruption nor oppressing of the People nor Injustice but the contrary and then may I say for what good done by me do I suffer And now I might Answer more particulars but I have been long and so will forbear and will conclude if your Supply answer not your Promises and Engagements to my Master you will make this place which hath been in Peace when others were in War the Seat of War when others are in Peace Now Gentlemen You that were Antient Parliament-men when this Council was first given strive to make good your own Engagement for the Honor of your King and your own safety Let Religion in which I would be glad to be more watchful and industrious then any unite your hearts both at home and abroad and you that are yong men may in these active times gain honor and reputation which is almost sunk and gain the Antient Glory of your Predecessors And remember it is for restoring to her Inheritance the most viruous Lady I think in the World I have nothing more but to intreat your charitable opinion of me and my actions For the further vindicating of the Duke the Lord Conway stood up and said THat whereas divers jealousies have been raised in the House that the Moneys have been expended unusefully and without Council himself who was the onely Secretary and had the hand in guiding the business could best give an accompt of it When King Iames of glorious Memory at the Request of both Houses had broken both the Treaties he considered how to maintain the War for he saw that the King of Spain was awaked and that the Palatinate must be got by the Sword and that Spain would oppose it with all the power they could and computing the charges found the Subsidies granted too short for that it could not be done without an Army of Five and twenty thousand Foot and Five thousand Horse which would amount to Six hundred thousand pounds for the Armies yearly and Three hundred thousand pounds for the Navy but finding all his means short and as the Proverb is Not knowing of what Wood to make his Arrows to hit the Mark withal Count Mansfield stirred up by his own judgment came over and made overture That for Twenty thousand pounds a moneth he would raise an Army of Thirty thousand men and draw in the French King Denmark Sweden Venice Savoy the Cantons of the Switzers perhaps and some other German Princes and raise a War in Alsatia of great consequence to make a Diversion Now about this time the Council of Austria resolved to call a Dyet and exclude the Count Palatine and put in a Popish Elector and for that end offered a general Peace in Germany and so left not a crevice to look into for assistance but if any of them should aid the Count Palatine he should be out of the Peace The King accepts Mansfields offer conditionally that he draw in the French King So Mansfield went over into France and the King by Advice of his Council sent Ambassadors into France Denmark Venice Savoy and Cantons of the Switzers from whom he received cold Answers for King Iames had stood so long on terms of
the Articles of several High Treasons and other great and enormous Crimes Offences and Contempts supposed to be committed by him against our late Soveraign Lord King James of Blessed Memory deceased and our Soveraign Lord the Kings Majesty that now is wherewith the said Earl is charged by his Majesties Attorney-General on his Majesties behalf in the most High and Honorable Court of Parliament before the King and the Lords there And not acknowledging any the supposed Treasons Crimes Offences and Contempts wherewith he is charged in and by the said Articles to be true and saving to himself all advantages benefit and exception to the Incertainty and Insufficiency of the said Articles and of the several Charges in them contained And humbly praying that his Cause may not suffer for want of Legal form whereunto he hath not been used but may be judged according to such real and effectual Grounds and Proofs as may be accepted from an Ambassador the ground of the Charge growing thence and that he may have leave to explain himself and his own meaning in any thing that may seem of a doubtful Construction For Answer saith as followeth I. THe First Article he denieth and because the Matters contained in the said Article consist of several parts viz. The loss of the said Palatinate and the Match with the said Lady of Spain and of the several Employments as of one Extraordinary Ambassage to the Emperor and another to the King of Spain in the years 1621.22 and 23. He humbly craves leave of this most Honorable Court to separate the businesses and distinguish the times And beginning with the Palatinate first to give an account of his Ambassage to the Emperor and so to make as brief a Deduction as he could of the whole carriage in that business from the beginning of his employment to the time he left it in his Ambassage to the Emperor he propounded all things faithfully according to his Instructions and the Answers which he returned to his late Majesty of Blessed Memory were the very same and no other then such as were given by the Emperor under his Hand and Imperial Seal the which according to his duty he faithfully sent unto his said Majesty and withal did honestly and truly advertise his said Majesty what he understood and thought then upon the place but was so far from giving to his Majesty any ill-grounded hopes in that behalf that he wrote unto the Lords of the Council here in England from Vienna 26 Iuly 1624. in such sort as followeth I Am further to move your Lordships That there may be a Dispatch made presently into Spain to his Majesties Ambassador and Mr. Cottington that they deal effectually for the repairing and ripening of the business against my coming that they use some plain and direct Language letting the Ministers there know That the late Letter sent by the King of Spain to the Emperor was colder and more reserved then his Master had reason to expect I shall conclude with telling your Lordships That although I dispair not of good success in that knotty business yet I hope his Majesty and your Lordships lay not aside the care of all fitting preparations for a War in case a Peace cannot be honorably had And amongst other things I most earnestly commend unto your Lordships by your Lordships unto his Majesty the continuing yet abroad for some small time of Sir Robert Mansels Fleet upon the Coasts of Spain which in case his Majesty should be ill used will prove the best Argument we can use for the Restitution of the Palatinate And this his Advice he saith was wholly intended by his Actions by being the cause as he returned homeward out of Germany to bring down Count Mansfield whereby the Town of Frankendale was relieved by supplying of his Majesties Army then in great distress with Moneys and Plate to the value of 10000 l. meerly out of his zeal and affection to the good of the King and his Children having no Warrant or Order but that his heart was ever really bent in effects more then in shews to serve the Kings Son-in-law and his cause as by the discourse of this business will appear And how acceptable these Services were will more appear by the Letters of the Queen of Bohemia in these words following My Lord HAving understood from Heidelburgh how you have shewed your affection to the King and me in all things and in the help of Money you have lent our Soldiers I cannot let so great Obligation pass without giving many thanks for it by these lines since I have no other means to shew my gratefulness unto you Howsoever assure your self that I will never be forgetful of the Testimonies you give me of your love which I intreat you to continue in doing the King and me all good Offices you can to his Majesty You have been an eye-witness of the miserable estate our Countreys are in I intreat you therefore to solicite his Majesty for our help you having given me an assurance of your affection I intreat you now to shew it in helping of us by your good endeavors to his Majesty and you shall ever binde me to continue as I am already Your very affectionate Friend ELIZABETH Which Letters were seconded with others about the same time both from the King of Bohemia and Council of Heidelburgh to the same effect And how much satisfaction his late Majesty received in that behalf and touching that business will plainly appear several ways and particularly by his Speech in Parliament And the said Earl likewise appealeth to both Houses of Parliament to whom by his late Majesties Order he gave a just and true accompt of that employment with what true zeal he proceeded and how he pressed that single Treaty and Promises no longer be relied on but that a fitting preparation for War might go along hand in hand with any Treaty of Accommodation And for a conclusion among many of his late Majesties approbations of his carriage in this employment he humbly desireth that a Letter of the Duke of Buckinghams under his own hand bearing date the Eleventh of October 1621. may be produced being as followeth My Lord I Am exceeding glad that your Lordship hath carried your self so well in this employment that his Majesty is infinitely pleased for your Service you have done for which he commanded me to give your Lordship thanks in his Name until he see you himself You of all men have cause to commend his Majesties choice of such a man that unless your heart had gone with the business you could never have brought it to so good a pass Amongst other things his Majesty liketh very well the care of clearing his Honor whereof he will advise further with your Lordship at your next coming over I hope you will not finde your Negotiation with the Infanta of such difficulty as you seem to fear in your Letter seeing my Brother Edward hath brought with him a Letter
What the said Earl saw in his Majesty that he should think him so unworthy as to change his Religion for a Wife or any earthly respect whatsoever So why should it be thought that being more fit to undertake great actions in the world being a meer moral and temporal respect should be an argument to perswade in conscience so religious and wise a Prince and so well instructed as his Majesty is as though the soul of a Christian Prince was to be wrought upon in point of Truth and Belief by temporal and worldly respects of Conveniencies and Greatness It were necessary for the proving that the said Earl perswaded his Majesty touching Religion to produce some arguments that he used out of Scripture to satisfie him in point of Conscience in some Tenents of the Roman Church or that he produced any Conference with Learned men for his satisfaction in point of Religion Otherwise the Articles used in this against the said Earl do as he conceiveth ca●ry little strength to prove the Charge of perswading his Majesty either in regard of it self or in regard of his Majesties piety IX To the Ninth Article the said Earl saith That there was a Discourse in Spain of the way of accommodating the Prince Palatine his affairs and by way of discourse it was moved That the Marriage of his eldest Son with a Daughter of the Emperor and his Son to be bred in the Emperors Court would be the fairest way for the pacifying of and accommodating those businesses And the Earl by way of discourse and not otherwise did say That he thought his late Majesty could not be adverse either to the said Match or to the breeding of the Prince Palatine his Son with the Emperor so as thereby the whole Patrimonial Estate of the Prince Palatine and the Dignity Electoral might be fully restored and that his Son might be bred in his own Religion and have such Preceptors and such a Family as his late Majesty and his Father meaning the Prince Palatine should appoint and they to have free exercise of Religion For so his late Majesty hath often declared himself to the said Earl and wished him to lay hold on any occasion for the entertaining of any such Proposition And otherwise then so and upon the terms aforesaid and by that way of Conference and discourse only he delivered not any Opinion to his Majesty at his Majesties being in Spain For the said Earl is very confident that his Majesty was returned out of Spain before any Proposition was made for the said Marriage other then by way of discourse as aforesaid The same as the said Earl believeth being first moved and debated on by way of Proposition between Mr. Secretary Calvert and the Ambassador of the King of Spain Octob. 2. 1628. His late Majesty upon a relation made unto him by a Letter of Mr. Secretary Calvert approved of the said Proposition and declared the same to be the onely way as he conceived to accommodate with honor those great businesses And wrote to that purpose to his Son-in-law the Prince Palatine by his Letters dated 9 Novemb. 1623. A Copy of which he together with Mr. Secretary Calverts Relation and the Lord Conway by his late Majesties commandment sent unto the said Earl the Tenor of which translated out of French is as followeth WE have thought good that we may provide best and most soundly for your Affairs not only to procure but also to assure your Peace were to cut up by the very roots that Evil which hath been setled in the heart of the Emperor by the great displeasure and enmity he hath conceived against you For the removing and quite extinguishing of which it seemeth to us no better or more powerful means can be used then a good Alliance which may be proposed by us between your eldest Son and the Daughter of the said Emperor upon the assurance we have we shall not be refused in this nature if you on your part will give your consent And for the more surety of the good success thereof we are determined before any such Proposition be made to the Emperor to interess the King of Spain with us in the business who we trust will lend us his helping hand as well for the effecting of it and bringing it to a good conclusion as in procuring likewise that the Conditions be duly observed Amongst which Conditions if it happen that the Emperor should demand that your Son during his minority should be brought up in his Court We shall tell you that we for our own part see no reason why you should stick at it upon such Conditions as he might be tied unto to wit That the young Prince should have with him such Governor as you should please to appoint him although he be no Roman Catholick And that neither he nor any of his should be any way forced in matter of their Conscience And our meaning is so to order our proceeding in this Treaty that before your said Son be put into the hands of the Emperor we will have a clear and certain assurance of an honorable entire and punctual restitution of all whatsoever belonging to you As also we will take care to provide accordingly as fully and exactly for the Assurances requisite for the Liberty of Conscience for him and his Domesticks as they have done here with us touching those that have been granted them for the Infanta And therefore seeing there is no Inconvenience at all that may cause your aversness or backwardness in this business which we for our parts think to be the best shortest and most honorable way that you can take for the compassing of the entire Restitution and making your Peace sure with the Emperor We hope your opinion will concur with us herein and shall intreat you by the first to send us your Answer By which Letter after his Majesties coming out of Spain it appeareth to your Lordships that there was no Proposition of the Marriage betwixt the Son of the Prince Palatine and the Emperors Daughter when that Letter was written For therein his Majesty saith he was determined to interess the King of Spain in the business before any such Proposition should be made to the Emperor And it will also thereby appear that his late Majesties opinion was of the Conveniencie thereof which the said Earl hopeth will acquit him if by way of discourse only he declared what his Majesties inclination was which with honesty he could not have concealed And the said Earl saith he doth not remember what answer Sir Walter Aston made upon that discourse which he then delivered nor what replies the said Earl made but sure he is whatsoever the said Earl said or what answer or reply soever was made as it was by way of discourse and not otherwise so it was according to that which he truly conceived to be the best and easiest way to accommodate the business and to be his Majesties pleasure which the
great eminence power and authority being impeached and accused of such high Crimes and Offences should yet enjoy his Liberty hold so great a part of the strength of the Kingdom in his hands sit as a Peer in Parliament and be acquainted with the Counsels thereof whereby inevitable mischief may suddenly fall upon the Kingdom Wherefore they have thought it their duty to recommend this their unanimous desire to their Lordships as agreeable to Law and reason That they would be pleased forthwith to commit the person of the said Duke to safe Custody Whereupon the Duke made this Speech in the Lords House My Lords IF I should hold my peace it would argue guilt If I should speak it would argue boldness being so foully accused Your Lordships see what Complaints are made against me by the House of Commons How well I stood in their opinions not long since your Lordships know it What I have done since to lose their good opinions I protest I know not I cannot so distrust my own Innocencie and my heart which abhors guilt as to decline any Course or Court of Justice And had not they brought my Cause to your Lordships it should have been my own work And they have done me a favor to deliver me out of their hands into your Lordships I will not speak any thing to cast dirt at those who have taken pains to make me so foul but to protest my innocencie in that measure which I shall ever hope to prove it being before such just Judges I desire my Trial may be hastened that I may no longer suffer then I must needs And now that my Accuser hath not been content only to make my Process but to prescribe to your Lordships the manner of your Judgment and to judge me before I am heard I shall not give way to any of their unjust Demands c. The Commons upon the Imprisonment of their Members and the offence taken by the King at the words spoken by those two Gentlemen in impeaching the Duke resolved to proceed in no other business till they were righted in their Liberties and ordered that the House be turned into a Grand Committee presently to sit and consider of the best way and means to effect the same and that no Member be suffered to go forth At which time Sir Dudley Carlton observing that unusual and as he termed it sullen silence of the House made this Speech I Find by a great silence in this House that it is a fit time to be heard if you please to give me the patience I may very fitly compare the heaviness of this House unto some of my misfortunes by Sea in my Travels For as we were bound unto Marseillis by oversight of the Mariners we mistook our Course and by ill fortune met with a Sand That was no sooner overpast but we fell on another and having escaped this likewise we met with a third and in that we stuck fast All of the Passengers being much dismaied by this disaster as now we are here in this House for the loss of those two Members At last an old experienced Mariner upon consultation affirmed That the speediest way to come out from the Sands was to know how we came there So well looking and beholding the Compass he found by going in upon such a point we were brought into that streight wherefore we must take a new point to rectifie and bring us out of danger This House of Parliament may be compared to the Ship the Sands to our Messages and the Commitment to the Sands that the Ship did stick fast in and lastly the Compass to the Table where the Book of Orders doth lie Then I beseech you let us look into the Book where the Orders are whether the Gentlemen did go no further then the Order did warrant them If they did not it is fit that we should defend them whom we imployed in our behests But if they have exceeded their Commission and delivered that which they had not warrant for it is just that we let them suffer for this presumption and this our Course will bring us from these Rocks I beseech you Gentlemen move not his Majesty with trenching upon his Prerogatives lest you bring him out of love with Parliaments You have heard his Majesties often Messages to you to put you forward in a Course that will be most convenient In those Messages he told you That if there were not Correspondencie between him and you he should be inforced to use new Counsels Now I pray you consider what these new Counsels are and may be I fear to declare those that I conceive In all Christian Kingdoms you know that Parliaments were in use antiently by which their Kingdoms were governed in a most flourishing manner until the Monarchs began to know their own strength and seeing the turbulent spirit of their Parliaments at length they by little and little began to stand upon their Prerogatives and at last overthrew the Parliaments throughout Christendom except here only with us And indeed you would count it a great misery if you knew the Subject in Foreign Countries as well as my self to see them look not like our Nation with store of flesh on their backs but like so many Ghosts and not men being nothing but skin and bones with some thin cover to their nakedness and wearing only woodden shoos on their feet so that they cannot eat meat or wear good clothes but they must pay and be taxed unto the King for it This is a misery beyond expression and that which yet we are free from Let us be careful then to preserve the Kings good opinion of Parliaments which bringeth this happiness to this Nation and makes us envied of all others while there is this sweetness between his Majesty and his Commons lest we lose repute of a Free-born Nation by our turbulencie in Parliament For in my opinion the greatest and wisest part of a Parliament are those that use the greatest silence so as it be not opiniotory or sullen as now we are by the loss of these our Members that are committed This good Correspondencie being kept between the King and his people will so join their love and favor to his Majesty with liking of Parliaments that his Prerogative shall be preserved entire to himself without our trenching upon it and also the Priviledge of the Subject which is our happiness inviolated and both be maintained to the support of each other And I told you if you would hear me patiently I would tell you what exception his Majesty doth take at those Gentlemen that are committed You know that Eight Members were chosen to deliver the Charge against the Duke but there were only Six imployed for that purpose insomuch that there was no Exception As for Sir Dudley Diggs his part that was the Prologue and in that his Majesty doth conceive that he went too far beyond his Commission in pressing the death of his
a manner to engross to himself the administration of your Affairs of the Kingdom which by that means is drawn into a Condition most miserable and hazardous Give us then leave most dear Soveraign in the name of all the Commons of this your Kingdom prostrate at the féet of your Sacred Majesty most humbly to beséech you even for the Honor of Almighty God whose Religion is directly undermined by the practice of that Party whom this Duke supports For your Honor which will be much advanced in the relieving of your people in this their great and general grievance For the honor safety and welfare of your Kingdom which by this means is threatned with almost unavoidable dangers And for the love which your Majesty as a good and loving Father bears unto your good people to whom we profess in the presence of Almighty God the Searcher of all hearts you are as highly estéemed and beloved as ever any of your Predecessors were That you would be graciously pleased to remove this Person from access to your sacred presence and that you will not ballance this one man with all these things and with the Affairs of the Christian world which do all suffer so far as they have relation to this Kingdom chiefly by his means For we protest to your Majesty and to the whole world That until this Great person be removed from intermedling with the Great Affairs of State we are out of hope of any good success and do fear that any money we shall or can give will through his misimploiment be turned rather to the hurt and prejudice of this your Kingdom then otherwise as by lamentable experience we have found in those large Supplies we have formerly and lately given But no sooner shall we receive redress and relief in this which of all others is our most insupportable grievance but we shall forthwith proceed to accomplish your Majesties own desire for Supply and likewise with all cheerfulness apply our selves to the perfecting of divers other great things such as we think no one Parliament in any Age can parallel tending to the stability wealth and strength and honor of this your Kingdom and the support of your Friends and Allies abroad And we doubt not but through Gods blessing as you are the best so shall you ever be the best beloved and greatest Monarch that ever sate in the Royal Throne of this famous Kingdom The Grounds and Causes which the King held forth for dissolving of this and the former Parliament appear in the ensuing Declaration THe Kings most Excellent Majesty since his happy access to the Imperial Crown of this Realm having by his Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by Adjournment held at Oxford and there dissolved and the other begun in February last and continued until the Fiftéenth day of this present moneth of June and then to the unspeakable grief of himself and as he believeth of all his good and well-affected Subjects dissolved also Although he well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments being his great Council of the Kingdom do peculiarly belong unto himself by an undoubted Prerogative inseparably united to his Imperial Crown of which as of his other Regal actions he is not bound to give an Accompt to any but to God only whose immediate Lieutenant and Uicegerent he is in these his Realms and Dominions by the Divine providence committed to his charge and government Yet forasmuch as by the assistance of the Almighty his purpose is so to order himself and all his Actions especially the great and publck Actions of State concerning the weal of his Kingdoms as may justifie themselves not only to his own Conscience and to his own People but to the whole World His Majesty hath thought it fit and necessary as the Affairs now stand both at home and abroad to make a true plain clear Declaration of the Causes which moved his Majesty to assemble and after enforced him to dissolve these Parliaments That so the mouth of malice it self may be stopped and the doubts and fears of his own good Subjects at home and of his Friends and Allies abroad may be satisfied and the deserved blame of so unhappy Accidents may justly light upon the Authors thereof When his Majesty by the death of his dear and Royal Father of ever blessed memory first came to the Crown he found himself engaged in a War with a potent Enemy not undertaken rashly nor without just and honorable grounds but enforced for the necessary defence of himself and his Dominions for the support of his Friends and Allies for the redéeming of the antient Honor of this Nation for the recovering of the Patrimony of his dear Sister her Confort and their Children injuriously and under colour of Treaties and Friendship taken from them and for the maintenance of the true Religion and invited thereunto and encouraged therein by the humble Advice of both the Houses of Parliament and by their large promises and protestations to his late Majesty to give him full and real assistance in those Enterprises which were of so great importance to this Realm and to the general peace and safety of all his Friends and Allies But when his Majesty entred into a view of his Treasure he found how ill provided he was to proceed effectually with so great an Action unless he might be assured to receive such Supplies from his loving Subjects as might enable him to manage the same Hereupon his Majesty being willing to tread in the steps of his Royal Progenitors for the making of good and wholsom Laws for the better Government of his people for the right understanding of their true Grievances and for the Supply of monies to be imployed for those publick services he did resolve to summon a Parliament with all convenient spéed he might And finding a former Parliament already called in the life of his Father he was desirous for the the spéedier dispatch of his weighty affairs and gaining of time to have continued the same without any alteration of the Members thereof had he not beacute en advised to the contrary by his Iudges and Council at Law for that it had béene subject to question in Law which he desired to avoid But as soon as possibly he could he summoned a new Parliament which he did with much confidence and assurance of the love of his people that those who not long before had with some importunity won his Father to break off his former Treaties with Spain and to effect it had used the mediation of his now Majesty being then Prince and a Member of the Parliament and had promised in Parliament their uttermost assistance for the enabling of his late Majesty to undergo the War which they then foresaw might follow would assuredly have performed it to his now Majesty and would not have suffered him in his first Enterprise of so great an
our Friends and Allies who must prosper or suffer with us would have led them to a due and a timely consideration of all the means which might best conduce to those ends which the Lords of the Higher-House by a Committee of that House did timely and seasonably consider of and invited the Commons to a Conference concerning that great business At which Conference there were opened unto them the great occasions which pressed his Majesty which making no impression with them his Majesty did first by Message and after by Letters put the House of Commons in minde of that which was most necessary the defence of the Kingdom and due and timely preparations for the same The Commons House after this upon the 27 of March last with one unanimous consent at first agreed to give unto his Majesty three intire Subsidies and three Fifteens for a present supply unto him and upon the 26 of April after upon second Cogitations they added a fourth Subsidy and ordered the dayes of payment for them all whereof the first should have been on the last day of this present June Upon this the King of Denmark and other Princes and States being engaged with his Majesty in this common Cause his Majesty fitted his occasions according to the times which were appointed for the payment of those Subsidies and Fifteens and hasted on the Lords Committees and his Council at War to perfect their Resolutions for the ordering and setling of his designs which they accordingly did and brought them to that maturity that they found no impediment to a final conclusion of their Councels but want of mony to put things into action His Majesty hereupon who had with much patience expected the real performance of that which the Commons had promised finding the time of the year posting away and having intelligence not onely from his own Ministers and Sujects in Forrein parts but from all parts of Christendom of the great and powerfull preparations of the King of Spain and that his design was upon this Kingdom or the Kingdom of Ireland or both and it is hard to determine which of them would be of worst consequence He acquainted the House of Commons therewith and laid open unto them truly and clearly how the state of things then stood and yet stand and at several times and upon several occasions reiterated the same But that House being abused by the violent and ill-advised passions of a few Members of the House for private and personal ends ill-beseeming publick persons trusted by their Country as then they were not onely neglected but wilfully refused to hearken to all the gentle admonitions which his Majesty could give them and neither did nor would intend any thing but the prosecution of one of the Peers of this Realm and that in such a disordered manner as being set at their own instance into a legal way wherein the proofs on either part would have ruled the cause which his Majesty allowed they were not therewith content but in their intemperate passions and desires to seek for Errors in another fell into a greater Error themselves and not onely neglected to give just satisfaction to his Majesty in several Cases which happened concerning his Regality but wholly forgot their engagements to his Majesty for the publick defence of the Realm whereupon his Majesty wrote the forementioned Letter to the Speaker dated the ninth day of June 1626. Notwithstanding which Letter read in the House being a clear and gracious Manifest of his Majesties Resolutions they never so much as admitted one Reading to the Bill of Subsidies but instead thereof they prepared and voted a Remonstrance or Declaration which they intended to prefer to his Majesty containing though palliated with glossing terms aswel many dishonorable aspersions upon his Majesty and upon the sacred memory of his deceased Father as also dilatory excuses for their not proceeding with the Subsidies adding thereto also coloured conditions crossing thereby his Majesties direction which his Majesty understanding and esteeming as he had cause to be a denial of the promised Supply and finding that no admonitions could move no reasons or perswasions could prevail when the time was so far spent that they had put an impossibility upon themselves to perform their promises when they esteemed all gracious Messages unto them to be but interruptions His Majesty upon mature advisement discerning that all further patience would prove fruitless on the fifteenth day of this present moneth he hath dissolved this unhappy Parliament The acting whereof as it was to his Majesty an unexpressible grief for the memory thereof doth renew the hearty sorrow which all his good and well affected Subjects will compassionate with him These passages his Majesty hath at the more length and with the true Circumstances thereof expressed and published to the world least that which hath been unfortunate in it self through the malice of the Author of so great a mischief and the malevolent report of such as are ill-affected to this State or the true Religion here professed or the fears or jealousies of Friends and dutifull Subjects might be made more unfortunate in the consequences of it which may be of worse effect then at the first can be well apprehended and his Majesty being best privy to the integrity of his own heart for the constant maintaining of the sincerity and unity of the true Religion professed in the Church of England and to free it from the open contagion of Popery and secret infection of Schism of both which by his publick Acts and Actions he hath given good testimony and with a single heart as in the presence of God who can best judge thereof purposeth resolutely and constantly to proceed in the due execution of either and observing the subtilty of the adverse party he cannot but believe that the hand of Joab hath been in this disaster that the common Incendiaries of Christendom have subtilly and secretly insinuated those things which unhappily and as his Majesty hopeth beyond the intentions of the Actors have caused these diversions and distractions And yet notwithstanding his most excellent Majesty for the comfort of his good and well-affected Subjects in whose loves he doth repose himself with confidence and esteemeth it as his greatest riches for the assuring of his Friends and Allies with whom by Gods assistance he will not break in the substance of what he hath undertaken for the discouraging of his Adversaries and the Adversaries of his Cause and of his Dominions and Religion hath put on this resolution which he doth hereby publish to all the world That as God hath made him King of this great people and large Dominions famous in former ages both by Land and Sea and trusted him to be a Father and Protector both of their Persons and Fortunes and a Defender of the Faith and true Religion so he will go on cheerfully and constantly in the defence thereof and notwithstanding so many difficulties and discouragements will take his
it was only commanded unto me to put such and such things in execution but I never understood any thing of the Councel whereby I might give my Judgment how fit or unfit they were or might speak to alter the Tenure whereunto in former times I had been otherwise used Variety of Reasons breedeth variety of Actions For the matter of the Loan I knew not a long time what to make of it I was not present when the Advice was taken I understood not what was the Foundation whereupon the Building was raised neither did ever any of the Council acquaint me therewith I saw on the one side the Kings necessity for Money and especially it being resolved that the Wat should be pursued And on the other side I could not forget that in the Parliament great Sums were offered if the Petitions of the Commons might be hearkened unto It ran still in my mind That the old and usual way was best That in Kingdoms the harmony was sweetest where the Prince and the People tuned well together That whatsoever pretence of Greatness he was but an unhappy man that set the King and the Body of the Realm at division That the People though not fit to be too much cockered yet are they that must pray that must pay that must fight for their Princes That it could not be but a Man so universally hated in the Kingdom as the Duke was must for the preservation of himself desperately adventure on any thing if he might be hearkened unto These Meditations I had with my self and God knoweth I frequently in my prayers did beg That he whom these things did most concern would seriously think upon them It ran in my mind that this new Device for Money could not long hold out That then we must return into the High-way whither it were best to retire our selves betimes the shortest Errors being the best But these thoughts I suppressed within my soul neither did I ever discourage any man from Lending nor encourage any man to hold back Which I confidently avouch At the opening of the Commission for the Loan I was sent for from Croyden It seemed to me a strange thing but I was told there That howsoever it shewed the King would have it so there was no speaking against it I had not heard that men throughout the Kingdom should lend Money against their will I knew not what to make of it But when I saw in the Instructions the Refusers should be sent away for Soldiers to the King of Denmark I began to remember Urias that was sent in the Forefront of the Battel and to speak truth I durst not be tender in it And when afterwards I saw that men were to be put to their Oath With whom they had had Conference and whether any did disswade them And yet further beheld that divers were to be imprisoned I thought this was somewhat a New world Yet all this while I swallowed my own spittle and spake nothing of it to any man Nay when after some trial in Middlesex the first Sitting was for Surrey in my House at Lambeth and the Lords were there assembled with the Justices of the whole County I gave them entertainment in no mean fashion And I sate with them albeit I said nothing for the confusion was such that I knew not what to make of it Things went on every day and speech was of much Money to be raised out of some Counties yet afterwards it was not so readily paid as preferred and at length some refused even in London it self and Southwark besides many Gentlemen of special rank and some Lords as it was said And though it was reported that they were but a contemptible company yet the Prisons in London demonstrated that they were not a very few but persons both of note and number The Judges besides concurring another way That they could not allow the Legality of the Demand and the Enforcement that is used thereupon did somewhat puzzle me for being too busie in promoting of that for which I might one day suffer Yet hitherto I remained silent hoping that time would break that off which was almost come to an absolute period But in stead of this by the permission of God I was called up to the King to look clearly into the Question When the Allowance of Sibthorp's Pamphlet was put upon me I then had some reason out of the grounds of that Sermon to fear and I pray God that my fear was in vain that the Duke had a purpose to turn upside down the Laws and the whole Fundamental Courses and Liberties of the Subject and to leave us not under the Statutes and Customs which our Progenitors enjoyed but to the pleasure of Princes of whom as some are gentle and benign so some others to ingr●at themselves might strain more then the string will bear Besides now it came in my heart that I was present at the Kings Coronation where many things on the Princes part were solemnly promised which being observed would keep all in order and the King should have a loving and faithful people and the Commons should have a a kinde and gracious King The contemplation of these things made me stay my Judgment not any unwillingness to do my Prince any dutiful service whom I must and do honor above all the Creatures in the world and will adventure as far for his true good as any one whatsoever But I am loth to plunge my self so over head and ears in these difficulties that I can neither live with quietness of conscience nor depart out of the world with good fame and estimation And perhaps my Soveraign if hereafter he looked well into this Paradox would of all the world hate me because one of my profession age and calling would deceive him and with base flattery swerve from the truth The hearts of Kings are in the hand of God and he can turn them as the rivers of water I draw to a conclusion Only repute it not amiss because so much falleth in here to observe a few words of the Duke of Buckingham not as now he is but as he was in his rising I say nothing of his being in France because I was not present and divers others there be that remember it well but I take him at his first repair to Court King Iames for many insolencies grew weary of Somerset and the Kingdom groaning under the Triumvirate of Northampton Suffolk and Somerset though Northampton soon after died was glad to be rid of him We could have no way so good to effectuate that which was the common desire as to bring in another in his room One nail as the Proverb is being to be driven out by another It was now observed that the King began to cast his eye upon George Villiers who was then Cup-bearer and seemed a modest and courteous Youth But King Iames had a fashion that he would never admit any to nearness about himself but such a one as
Duke of Bucks made a Speech at the Councel Table and Mr. Secretary at that time acquainted the House therewith The Speech was this SIr me thinks I behold you a great King for love is greater then Majesty opinion that the people loved you not had almost lost you in the opinion of the world But this day makes you appear as you are a glorious King loved at home and now to be feared abroad this falling out so happily give me leave I beseech you to be an humble suitor to your Majesty 1. For my self That I who have had the honour to be your Favorite may now give up that title unto them they to be your Favorites and I to be your Servant My second suit is That they having done also well you will account of them as one a body of many members but of all one heart opinion might have made them differ but affection did move them all to joyn with like love in this great gift for proportion although it be less then your occasions may ask yet it is more then ever Subjects did give in so short a time nor am I perswaded it will rest there for this is but as an earnest of their affections to let you see and the world know what Subjects you have that when the honor and the good of the State is ingaged and Aid asked in the ordinary way of Parliament you cannot want This is not the gift of five Subsidies alone but the opening of a Mine of Subsidies that lieth in their hearts This good beginning hath wrought already these effects they have taken your heart drawn from you a Declaration that you will love Parliaments And again this will meet I make no question with such respect that their demands will be just dutiful and moderate for they that know thus to give know well what is fit to ask Then cannot your Majesty do less then out-go their demands or else you do less then your self or them for your Message begot trust their truth and your promises must then beget performances This being done then shall I with a glad heart behold this work as well ended as now begun and then shall I hope that Parliaments shall be made hereafter ●o frequent by the effects and good use of them as they shall have this further benefit to deter from approaching your ears those projecters and inducers of innovation as disturbers both of Church and Commonwealth Now Sir to open my heart and to ease my grief please you to pardon me a word more I must confess I have long lived in pain Sleep hath given me no rest Favors and Fortunes no content such have been my secret sorrows to be thought the man of separation and that divided the King from his People and them from him but I hope it shall appear they were some mistaken minds that would have made me the evil spirit that walketh between a good Master and loyal People by ill offices whereas by your Majesties favor I shall ever endeavour to approve my self a good spirit breathing nothing but the best of services to them all Therefore this day I account more blessed to me then my birth to see my self able to serve them to see you brought in love with Parliaments to see a Parliament express such love to you and God so love me and mine as I joy to see this day Mr. Secretary Cook also at this time repeated the substance of the Kings Answer to the Petition concerning Recusants And after he had done Sir Iohn Elliot expressed the great satisfaction which he apprehended the House in general and himself in special had received touching each particular of his Majesties gracious Answer but shewed his dislike that Mr. Secretary in the close of his Relation made mention of another in addition to his Majesty which formerly hath been a matter of complaint in the House the mixture with his Majesty not onely in the business but in his name Is it said he that any man conceives the mention of others of what quality soever can add incouragement or affection to us in our duties and loyalties towards his Majesty or give them greater latitude or extent then naturally they have or is it supposed that the power or interest of any man can add more readiness to his Majesty in his gracious inclination to us then his own goodness gives him I cannot believe it And as the sweetness and piety of his Majesty which we have in admiration makes me confident in this so the expressions of our duty so perspicuous and clear as already hath been given is my assurance for the other But Sir I am sorry there is this occasion that these things should be argued or this mixture which was formerly condemned should appear again I beseech you Sir let it not be hereafter let no man take this boldness within these Walls to introduce it though I confess for my particular I shall readily commend nay thank that man whose endeavors are applied in such Offices as may be advantageable for the publique Yet in this matter so contrary to the Customs of our Fathers and the honor of our Times I cannot without Scandal apprehend it nor without some Character or Exception pass it by that such interposition may fol the future be left Now let us proceed said he to those services that concern his Majesty and the Subject which I doubt not in the end will render us so real unto him that we shall not need more help to endear us to his favor The Commons having expressed their dutiful affections towards his Majesty in giving him so large a Gift as five Subsidies and having also shewed their care of the Subjects in the liberty of their Person and propriety in their Goods did now prepare to transmit their Resolves to the Lords for their concurrence and several Members were appointed to manage a Conference with the Lords concerning the same We shall briefly touch some Passages of that Conference as to the rational and historical Part thereof omitting to mention Precedents and Book-Cases lest they should prove tedious to the Reader SIr Dudly Diggs began with this Introduction I am commanded to shew unto your Lordships in general that the Laws of England are grounded on Reason more ancient then Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a Nolumus mutari and so ancient that from the Saxon days notwithstanding the injuries and ruines of time they have continued in most part the same as may appear in old remaining Monuments of the Laws of Ethelbert the first Christian King of Kent Ina the King of the West Saxons Osfa of the Mercians and of Alfred the great Monarch who united the Saxon Heptarchie whose Laws are yet to be seen published as some think by Parliament as he says to that end ut qui sub uno rege sub una
of the Kings Bench this Law will not bend and when it lights on Subjects fitting if it do not bend it is unjust And there comes in the Law of the Chancery and of Equity this is Application of Law in private mens Causes when it comes to Meum tuum And thus the general Government of Cases with relation to the common State of the Kingdom is from the Council Board and there they are to vary from the Law of the Kingdom Suppose it be in time of Dearth Propriety of Goods may in that time be forced and be brought to the Market We saw the experience of it in Coals in London and the Council Board caused them to be brought forth and sold. In a time of Pestilence men may be restrained If a Schism be like to grow in a Church the State will enquire after the favorers of it if there be fea● of Invasion and it be encouraged by hope of a Party amongst us it is in the power of Government to restrain men to their houses In the Composure of these things there is great difference What differences have been between the Courts of Chancery and Kings Bench It is hard to put true difference between the Kings Prerogative and our Liberties His Majesty saw expence of time would be prejudicial it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties let us attend to all the parts of it there be Five Degrees and there is more assurance then we could have by any Law whatsoever His Majesty declares That Magna Charta and the other Statutes are in force This is not the first time that the Liberty of the Subject was infringed or was in Debate and confirmed all times thought it safe that when they came to a Negative of Power it was hard to keep Government and Liberty together but his Majesty stopped not there but according to the sense of these Laws That he will govern his Subjects in their just Liberties he assures us our Liberties are just they are not of Grace but of Right nay he assures us he will govern us according to the Laws of the Realm and that we shall finde as much security in his Majesties Promise as in any Law we can make and whatsoever Law we shall make it must come to his Majesties allowance and if his Majesty finde cause in his Government he may not put life to it We daily see all Laws are broken and all Laws will be broke for the Publique good and the King may pardon all Offenders his Majesty did see that the best way to settle all at unity is to express his own heart The Kings heart is the best guarder of his own promise his promise is bound with his heart What Prince can express more care and wisdom Lastly he saith That hereafter ye shall never have the like cause to complain May we not think the breach is made up is not his Majesty ingaged in his Royal word The conclusion is full of weight and he prayes God that as God hath blessed this Kingdom and put it into his heart to come amongst us so to make this day successful The wrath of a King is like the roaring of a Lyon and all Laws with his wrath are to no effect but the Kings favour is like to the dew of the grass there all will prosper and God made the Instruments to unite all hearts His Majesty having thus discharged himself he prayes us to proceed to the business that so much concerns him As his Majesty hath now shewed himself the best of Kings let us acknowledge his Majesties goodness and return to that Union which we all desire But this motion was not received with general acceptation and Sir Benjamin Rudyard replyed to it in these words WE are now upon a great business and the maner of handling it may be as great as the business it self Liberty is a precious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for mine own part I am clear without scruple that what we have resolved is according to the Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him ere now out of all question the very scope and drift of Magna Charta was to reduce the Regal to a Legal Power in matter of Imprisonment or else it had not been worthy so much contending for It is true That the King ought to have a trust reposed in him God forbid but he should and I hope it is impossible to take it from him for it lies not in the wit of man to devise such a Law as shall comprehend all particulars all accidents but that extraordinary Causes may happen which when they come if they be disposed of for the common good there will be no Law against them yet must the Law be general for otherwise Admissions and Exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of Nature to govern the ordinary course of things he hath made no Law for Miracles yet there is this observation of them that they are rather praeter naturam then contra naturam and always propter bones fines So the Kings Prerogatives are rather besides the Law then against it and when they are directly to their ends for the publique good they are not onely concurring Laws but even Laws in singularity and excellency But to come nearer let us consider where we are now what steps we have gone and gained The Kings learned Councel have acknowledged all the Laws to be still in force the Judges have not allowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolutions intire and without prejudice All this hitherto is for our advantage but above all his Majesty hath this day himself being publiquely present declared by the mouth of the Lord Keeper before both the Houses That Magna Charta and the other six Statutes are still in force That he will maintain his Subjects in the Liberties of their Persons and Proprieties of their Goods That he will govern them according to the Laws of the Kingdom this is a solemn and binding satisfaction expressing his gracious readiness to comply with his people in their reasonable and just desires The King is a good Man and it is no diminution to a King to be called so for whosoever is a good Man shall be greater then a King that is not so The King certainly is very tender of his present Honor and of his Fame hereafter He will think it hard to have a worse mark set upon him then upon any of his Ancestors by extraordinary restraints His Majesty hath already intimated unto us by a Message That he doth willingly give way to have the abuse of Power reformed by which I
alledged must be such as may be determined by our Iudges of our Courts of Westminster in a Legal and ordinary way of Iustice whereas the Causes may be such as those Iudges have not capacity of Iudicature nor Rules of Law to direct and guide their Iudgement in cases of that transcendent nature which hapning so often the very incroaching on that constant Rule of Government for so many ages within this Kingdom practised would soon dissolve the very Foundation and Frame of our Monarchy Wherefore as to our Commons we made fair Propositions which might equally preserve the just Liberty of the Subject so my Lords we have thought good to let you know that without the overthrow of Soveraignty we cannot suffer this Power to be impeached notwithstanding to clear our conscience and just intentions this we publish That it is not in our heart nor will we ever extend our Royal Power lent unto us from God beyond the just rule of Moderation in any thing which shall be contrary to our Laws and Customs wherein the safety of our People shall be our onely aim And we do hereby Declare our Royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain That neither we nor our Privy Council shall or will at any time hereafter commit or command to Prison or otherwise restrain the persons of any for not lending Money to us nor for any cause which in our conscience doth not concern the publique good and safety of us and our people we will not be drawn to pretend any cause wherein our judgement and conscience is not satisfied with base thoughts we hope no man can imagine will fall into our Royal breast and that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or address of our Iudges unto us readily and really express the true cause of their Commitment or Restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed and that in all Causes Criminal of ordinary Iurisdiction our Iudges shall proceed to the Deliverance or Bailment of the Prisoner according to the known and ordinary Rules of the Laws of this Land and according to the Statute of Magna Charta and those other Six Statutes insisted upon which we do take knowledge stand in full force and which we intend not to abrogate and weaken against the true intention thereof This we have thought fit to signifie the rather to shorten any long Debate upon this great question the season of the year being so far advanced and our great Occasions of State not lending many more days for longer continuance of this Session of Parliament Given under our Signet at our Palace at Westminster 20º Maii the Fourth year of our Reign The same day the Kings Letter was communicated to the House of Commons they laid it aside and Sir Thomas Wentworth said it was a Letter of Grace but the people will onely like of that which is done in a Parliamentary way besides the Debate of it would spend much time neither was it directed to the House of Commons and the Petition of Right would clear all mistakes For said he some give out as if the House went about to pinch the Kings Prerogative But the further Debate of this matter took up several days May 17. the Lords propounded at a Conference an Addition to be made to the Petition of Right which was delivered by the Lord Keeper to this purpose THat whereas at the late Conference of both Houses there were some things propounded that came from their Lordships out of a desire the Petition might have the easier passage with his Majesty not intending to violate in any maner the substance of the Petition but it was then thought fit that there was another part of the Petition of as great importance and weight My Lords since the time of that Conference have imployed themselves wholly to reduce the Petition to such a frame and order that may give both to you and them hope of acceptance And after many deliberations and much advice taken my Lords have resolved to represent to you something which they have thought upon yet not as a thing conclusive to them or you and according to their desires having mentioned it in the beginning have held it fit to conclude of nothing till that you be made acquainted with it and that there may be a mature advisement between you and them so that there may be the happier conclusion in all their business This being the determination of the Lords that nothing that is now offered unto you should be conclusive yet they thought it convenient to present it unto you This alteration and not alteration but addition which they shall propound unto you to be advised and conferred upon which is no breach of the frame they think it meet if it shall stand with your liking to be put in the conclusion of the Petition which I shall now read unto you WE present this our humble Petition to your Majesty with the care not onely of preserving our own Liberties but with due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People This is the thing the Lords do present unto you this subject of this Conference concerning the adding of this in the conclusion of the Petition and that they know that this is new and that you cannot presently give an answer to it therefore they desire that you do with some speed consider of it and their Lordships will be ready this afternoon This Addition produced several Speeches LEt us look said he into the Records and see what they are what is Soveraign Power Bodin saith That it is free from any Condition by this we shall acknowledge a Regal as well as a Legal Power Let us give that to the King that the Law gives him and no more I Am not able to speak to this question I know not what it is All our Petition is for the Laws of England and this Power seems to be another distinct Power from the Power of the Law I know how to adde Soveraign to his Person but not to his Power Also we cannot leave to him Soveraign Power we never were possessed of it WE cannot admit of those words with safety they are applicable to all the parts of our Petition It is in the nature of a Saving and by it we shall imply as if we had incroached on his Prerogative all the Laws we cite are without a Saving and yet now after the violation of them we must adde a Saving Also I have seen divers Petitions and where the Subject claimed a Right there I never saw a Saving of this nature THis is Magnum in parvo this is propounded to be a conclusion of our Petition It is a matter of great weight and to speak plainly it
ignorant that in a Session of Parliament though it continue as many weeks as this hath done days yet there is nothing Prius Posterius but all things are held and taken as done at one time if so what a strange Collection was this that at the same time the House of Commons should oblige themselves by a fearful adjuration to assist and defend all Priviledges and Prerogatives belonging to the King and at the same time by a Petition cautiously conveyed endeavor or intend to divest and deprive the King of some Prerogatives belonging to his Crown If therefore such fear and sollicitude can neither be grounded upon the words of the Petition nor intention of the Petitioners I humbly pray your Lordships to lay them aside as we do believe that the Proposition of this addition from your Lordships was not onely excuseable but commendable as proceeding from your love So now having heard our Reasons your Lordships would rest satisfied that our refusal to admit them into our Petition proceedeth from the conscience of the integrity and uprightness of our own hearts that we in all this Petition have no such end to abate or diminish the Kings just Prerogative And so much in reply to that Rational part whereby my Lord Keeper laboured to perswade the entertainment of this Addition This being done it pleased the House of Commons to instruct and furnish me with certain Reasons which I should use to your Lordships to procure your absolute conjunction with us in presenting this Petition which albeit I cannot set forth according to their worth and the Instructions given me by the House yet I hope their own weight will so press down into your Lordships consciences and judgements that without further scruple you will cheerfully vouchsafe to accompany this Petition with your right noble presence A personis The first Argument wherewith I was commanded to move your Lordships was drawn from the consideration of the Persons which are Petitioners The House of Commons a House whose temper mildness and moderation in this Parliament hath been such as we should be unthankful and injurious to Almighty God if we should not acknowledge his good hand upon us upon our tongues upon our hearts procured no doubt by our late solemn and publique Humiliation and Prayers This moderation will the better appear if in the first place we may be remembred in what passion and distemper many Members of this House arrived thither what bosoms what pockets full of complaints and lamentable grievances the most part brought thither and those every day renewed by Letters and Packets from all parts and quarters You know the old Proverb Ubi dolor ibi digitus ubi amor ibi oculus it is hard to keep our fingers from often handling the Parts ill affected but yet our Moderation overcame our Passion our Discretion overcame our Affection This Moderation also will the better appear if in the second place it be not forgotten how our Ancestors and Predecessors carried themselves in Parliaments when upon lighter provocations less would not serve their turns but new severe commissions to hear and determine offences against their Liberties publique ecclesiastical Curses or excommunications against the Authors or Actors of such violations accusations condemnations executions banishments But what have we said all this Parliament we onely look forward not backward we desire amendment hereafter no mans punishment for ought done heretofore nothing written by us in blood nay not one word spoken against any mans person in displeasure The conclusion of our Petition is that we may be better intreated in time to come and doth not this moderate Petition deserve your Lordships cheerful conjunction ex congruo condigno If a Worm being trodden upon could speak a Worm would say tread upon me no more I pray you higher we rise not lower we cannot descend and thus much we think in modesty may well be spoken in our own commendation thence to move your Lordships to vouchsafe us your noble company in this Petition without surcharging it with this Addition A tempore Our next Argument is drawn a tempore from the unseasonableness of the time The wise Man saith There is a time for all things under the Sun tempus suum and if in the wise mans judgement a word spoken in its due time be precious as Gold and Silver then an unseasonable time detracts as much from the thing or word done or spoken We hold under your favors that the time is not seasonable now for this Addition it is true that of it self Soveraign Power is a thing always so Sacred that to handle it otherwise then tenderly is a kind of Sacriledge and to speak of it otherwise then reverently is a kind of blasphemy but every vulgar capacity is not so affected the most part of men nay almost all men judge and esteem all things not according to their own intrinsick vertue and quality but according to their immediate effects and operations which the same things have upon them Hence it is that Religion it self receiveth more or less credit or approbation as the Teachers or Professors are worse or better yea if God himself send a very wet harvest or seed-time men are apt enough to censure Divine Power The Soveraign Power hath not now for the present the ancient amiable aspect in respect of some late sad influences but by Gods Grace it will soon recover To intermix with this Petition any mention of Soveraign Power rebus sic stantibus when angry men say Soveraign Power hath been abused and the most moderate wish it had not been so used we hold it not seasonable under your Lordships correction A loco Our next Argument is drawn a loco we think the place where your Lordships would have this Addition inserted viz. in the Petition no convenient or seasonable place your Lordships will easily believe that this Petition will run through many hands every man will be desirous to see and to read what their Knights and their Burgesses have done in Parliament upon their complaints what they have brought home for their five Subsidies If in perusing of this Petition they fall upon the mention of Soveraign Power they presently fall to arguing and reasoning and descanting what Soveraign Power is what is the Latitude whence the Original and where the bounds with many such curious and captious questions by which course Soveraign Power is little advanced or advantaged for I have ever been of opinion that it is then best with Soveraign Power when it is had in tacite veneration not when it is profaned by publique hearings or examinations Our last Argument is drawn from our Duty and Loyalty to his Majesty in consideration whereof we are fearful at this time to take this Addition into our Petition lest we should do his Majesty herein some disservice with your Lordships we make the great Councel of the King and Kingdom and though your Lordships having the happiness to be near his Majesty know other
Bill shew and declare against Roger Manwaring Clerk Dr. in Divinity That whereas by the Laws and Statutes of this Realm the free Subiects of England do undoubtedly inherit this Right and Liberty not to be compelled to contribute any Tax Tollage Aid or to make any Loans not set or imposed by common consent by Act of Parliament And divers of his Majesties loving Subjects relying upon the said Laws and Customes did in all humility refuse to lend such sums of Moneys without Authority of Parliament as were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrar● to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is to say the fourth day of July last one of the said Sermons and upon the 29. day of the same Moneth the other of the said Sermons both which Sermons he hath since published in print in a Book intituled Religion and Allegiance and with a wicked and malitious intention to seduce and misguide the Conscience of the Kings most excellent Majesty touching the observation of the Laws and Customes of this Kingdom and of the Rights and Liberties of the Subjects to incense his Royal displeasure against his good Subjects so refusing to scandalize subvert and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to alienate his Royal heart from his People and to cause jealousies sedition and division in the Kingdom He the said Roger Manwaring doth in the said Sermons and Book perswade the Kings most excellent Majesty First that his Majesty is not bound to keep and observe the good Laws and Customes of this Realm concerning the Rights and Liberties of the Subjects aforementioned And that his Royal Will and Command in imposing Loans Taxes and other Aids upon his people without common consent in Parliament doth so far binde the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of eternal damnation Secondly that those of his Majesties loving Subjects which refused the Loan aforementioned in such manner as is before recited did therein offend against the Law of God against his Majesties Supreme Authority and by so doing became guilty of Impiety Dissoialty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several parts of his Book doth most falsly and malitiously lay upon them Thirdly that authority of Parliaments is not necessary for the raising of Aids and Subsidies that the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State but rather apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and Book but likewise by several Clauses Assertions and Sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and Book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the Consciences of all his Servants and chiefly of Soveraign Princes and Magistrates and for the maintenance of the peace and concord betwixt all men especially betwixt the King and his People and hath thereby most grievously offended against the Crown and Dignity of his Majesty and against the Prosperity and good Government of this State and Common-wealth And the said Commons by protestation saving to themselves the Liberty of exhibiting at any time hereafter any other occasion or impeachment against the said Roger Manwaring and also of replying to the answers which he the said Roger shall make unto any of the matters contained in this present Bill of Complaint and of offering further proof of the premises or of any of them as the Cause according to the Course of Parliament shall require do pray that the said Roger Manwaring may be put to answer to all and every the premises and that such proceeding examination trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Iustice. This Declaration ingrossed in Parliament being read Mr. Pym addressed himself to the Lords in this manner THat he should speak to this Cause with more confidence because he saw nothing out of himself that might discourage him If he considered the matter the Offences were of an high nature of easie proof if he considered their Lordships who were the Judges of their own interest their own honour the example of their Ancestors the care of their Posterity would all be Advocates with him in this Cause on the behalf of the Commonwealth if he considered the King our Soveraign the pretence of whose Service and Prerogative might perchance be sought unto as a Defence and Shelter for this Delinquent he could not but remember that part of his Majesties Answer to the Petition of Right of both Houses that he held himself bound in conscience to preserve those Liberties which this man would perswade him to impeach He said further that he could not but remember his Majesties love to Piety and Justice manifested upon all occasions and he knew love to be the root and spring of all other passions and affections A man therefore hates because he sees somewhat in that which he hates contrary to that which he loves a man therefore is angry because he sees somewhat in that wherewith 〈◊〉 ●ngry that gives impediment and interruption to the accomplishment of that which he loves If this be so by the same act of his Apprehension by which he believes his Majesties love to Piety and Justice he must needs believe his hate and detestation of this man who went about to withdraw him from the exercise of both Then he proceeded to that which he said was the Task enjoyned him to make good every Clause of that which had been read unto them which that he might the more clearly perform he prepounded to observe that order of parts unto which the said Declaration was naturally dissolved 1. Of the Preamble 2. The Body of the Charge 3. The Conclusion or Prayer of the Commons The preamble consisted altogether of recital first of the Inducements upon which the Commons undertook this complaint The second of those Laws and Liberties against which the offence was committed The third of the violation of those Laws which have relation to that offence From the connexion of all those recitals he said there did result three Positions which he was to maintain as the ground-work and foundation of the whole Cause The first that the form of Government in any State could not be altered without apparent danger of ruine to that State The second the Law of England whereby the Subjects was exempted from Taxes and Loans not granted by common consent of Parliament was not introduced by any Statute or by any Charter or Sanction of Princes but was
to be applied to the King of England The next kinde of Proof was from his Censures and determinations upon the particular Case of the late Loan which by necessity and parity of reason were likewise applicable to all Cases of the like nature And lest by frailty of memory he might mistake the words or invert the sense he desired leave to resort to his Paper wherein the places were carefully extracted out of the Book it self And then he read each particular Clause by it self pointing to the Page for proof which we here forbear to mention referring the Reader to the Book it self Then he proceeded and said That from this evidence of the Fact doth issue a clear evidence of his wicked intention to misguide and seduce the Kings Conscience touching the observation of the Laws and Liberties of the Kingdom to scandalize and impeach the good Laws and Government of the Realm and the Authority of Parliaments which are two of those Characters of malice which he formerly noted and now inforced thus If to give the King ill Counsel in some one particular Action hath heretofore been heavily punished in this high Court how much more hainous must it needs be thought by ill Counsel to pervert and seduce his Majesties Conscience which is the soveraign Principle of all moral Actions from which they are to receive warrant for their direction before they be acted and Judgement for their reformation afterwards If Scandalum magnatum Slander and Infamy cast upon great Lords and Officers of the Kingdom have been always most severely censured how much more tender ought we to be of that Slander and Infamy which is here cast upon the Laws and Government from whence is derived all the Honor and Reverence which is due to those great Lords and Magistrates All men and so the greatest and highest Magistrates are subject to passions and partialities whereby they may be transported into overhard injurious Courses Which Considerations may sometimes excuse though never justifie the railing and evil speeches of men who have been so provoked it being a true rule That whatsoever gives strength and inforcement to the temptation in any sin doth necessarily imply an abatement and diminution of guilt in that sin But to slander and disgrace the Laws and Government is without possibility of any such excuse it being a simple act of a malignant Will not induced nor excited by any outward provocation the Laws carrying an equal and constant respect to all ought to be reverenced equally by all And thus he derived the Proofs and Inforcements upon the first Article of the Charge The second Article he said contained three Clauses 1. That these refusers had offended against the Law of God 2. Against the supreme Authority 3. By so doing were become guilty of Impiety Disloyalty Rebellion Disobedience and lyable to many other Taxes For proof of all these he said he needed no other evidence then what might be easily drawn from those places which he had read already for what impiety can be greater then to contemn the Law of God and to prefer humane Laws before it what greater disloyalty rebellion and disobedience then to depress supreme Authority to tye the hands and clip the wings of Soveraign Princes Yet he desired their Lordships patience in hearing some few other places wherein the Stains and Taint which the Doctor endeavored to lay upon the Refusers might appear by the odiousness of their comparisons in which he doth labor to rank them The first Comparison is with Popish Recusants yet he makes them the worst of the two and for the better resemblance gives them a new name of Temporal Recusants For this he alledgeth the 1. Sermon Page 31 32. and part of the fifth Consideration by which he would perswade them to yield to this Loan Fifthly If they would consider what advantage this their Recusancy in Temporals gives to the common adversary who for disobedience in Spirituals have hitherto alone inherited that name for that which we our selves condemn in them for so doing and profess to hate that Religion which teacheth them so to do that is to refuse subjection unto Princes in Spirituals the same if not worse some of our side now if ours they be dare to practise We must needs be argued of less Conscience and more Ingratitude both to God and the King if in Temporal things we obey not They in Spirituals deny subjection wherein they may perhaps frame unto themselves some reasons of probability that their offence is not so hainous if we in Temporals shall be so refractory what colour of reason can we possibly finde to make our defence withal without the utter shaming of our selves and laying a stain which cannot easily be washed out upon that Religion which his Majesty doth so graciously maintain and our selves profess The second Comparison is with Turks and Jews in the 2. Sermon Page 47. What a Paradox is c. What a Turk will do for a Christian and a Christian for a Turk and a Jew for both c. the same and much less Christian men should deny to a Christian King The third Comparison is with Corah Dathan and Abiram Theudas and Iudas which is taken out of the second Sermon Page 49. where he labors to deprive those refusers of all merit in their sufferings for this Cause Corah Dothan and Abiram whom for their murmurings God suddenly sunk into Hell fire might as well alledge their sufferings had some resemblance with that of the three Children in the Babylonian Furnace and Theudas and Iudas the two Incendiaries of the people in the days of Caesars tribute might as well pretend their Cause to be like the Maccabees Thus he ended the second Article of the Charge upon which he said were imprinted other two of these six Characters of malice formerly vented That is a wicked intention to increase his Majesties displeasure against his good Subjects so refusing and to alienate his heart from the rest of his People Both which were Points so odious that he needed not to adde any further inforcement or illustration The third Article conteined three Clauses 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry Impediments to the just designs of Princes and to give them occasion of displeasure and discontent For proof of all which he alledged two places conteining the two first of those six Considerations which are propounded by the Doctor to induce the refusers to yield to the Loan in the first Sermon Page 26 27. First if they would please to consider that though such Assemblies as are the highest and greatest Representations of a Kingdom be most Sacred and Honorable and Necessary also to those ends to which they were at first instituted yet know we must that ordained they were not to this end to
he hath prefixed and still resoves to hold that so for this time all Christendom might take notice of a sweet parting between him and his people Which if it fall out his Majesty will not be long from another meeting when such if there be any at their leisure and convenience may be considered Mr. Speaker proceeded I will observe somewhat out of this Message ye may observe a great inclination in his Majesty to meet in this House I was bold yesterday to take notice of that liberty ye gave me to go to his Majesty I know there are none here but did imagine whither I went but that I knew ye where desirous and content that I should leave you I would not have desired it give me leave to say this Message bars you not of your Right in matter nay not in manner but it reacheth to his Councels past and for giving him Councel in those things which he commanded It is not his Majesties intentions to protect any Abetter of Spain The end of this was that we might meet again sweetly and happily The House of Lords likewise received this Message by the Lord Keeper MY Lords his Majestie takes notice to your great advantage of the proceedings of this house upon the hearing of his Majesties message yesterday He accounts it a fair respect that ye would neither agree of any Committee or send any Message to his Majesty though it were in your own hearts but yeild your selves to his Majesties Message and defer your own resolutions till you meet again at the time appointed by his Majesty Yet his Majesty takes it in extream good part to hear what was in your heart and especially that ye were so sensible of the inconvenience that might ensue upon the breach of this Parliament Which if it had happened or shall hereafter happen his Majesty assures himself that he shall stand clear before God and men of the occasion But his Majesty saith ye had just cause to be sensible of the danger considering how the estate of Christendom now stands in respect of the multitude and strength of our Enemies and weakness on our part All which his Majesty knows very exactly and in respect therereof called this Parliament the particulars his Majesty holds it needless to recite especially to your Lordships since they are apparant to all men Neither will it be needfull to reiterate them to his Majesty whose cares are most intentive upon them and the best remedy that can be thought on therein is if his Subjects do their parts Therefore his Majesty gives you hearty thanks and bad me tell you that nothing hath been more acceptable to him all the time of this Parliament then this dutiful and discreet carriage of your Lordships which he professeth hath been a chief motive to his Majesty to suspend those intentions that were not far from a resolution Sir Robert Philips assumed the Debate upon the Message delivered by the Speaker and said I rise up with a disposition somewhat in more hope of comfort then yesterday yet in regard of the uncertainty of Councels I shall not change much In the first place I must be bold without flattering a thing nor incident to me to tell you Mr. Speaker you have not only at all times discharged the duty of a good Speaker but of a good man for which I render you many thanks Another respect touching his Majesties Answer to our Petition First if that Answer fall out to be short I free his Majesty and I believe his Resolution was to give that that we all expected But in that as in others we have suffered by reason of interposed persons between his Majesty and us But this day is by intervenient accidents diverted from that but so as in time we go to his Majesty Therefore let us remove those jealousies in his Majesty of our Proceedings that by som● men over-grown have bin mispresented we have proceeded with temper in confidence of his Majesties goodness to us and our fidelity to him and if any have construed that what we have done hath been out of feare let him know we came hither free men and will ever resolve to endure the worst and they are poor men that make such interpretations of Parliaments in this way and method we proceeded and if any thing fall out unhappily it is not King Charles that advised himself but King Charles misadvised by others and misled by misordered Councel it becomes us to consider what we were doing and now to advise what is fit to be done We were taking consideration of the State of the Kingdome and to present to his Majesty the danger he and we are in i● since any man hath been named in particular though I love to speak of my betters with humility let him thank himself and his Councels but those necessary jealousies gives us occasion to name him I assure my self we shall proceed with temper and give his Majesty satisfaction if we proceed in that way his Majesties message is now explanatory in point of our liberties that he intends not to barre us of our rights and that he would not have any aspersion cast on the Councels past let us present to his Majesty shortly and faithfully and declare our intentions that we intend not to lay any aspersion upon him but out of a necessity to prevent the eminent dangers we are surrounded with and to present to him the affaires at home and abroad and to desire his Majesty that no interposition of mis-information of men in fault may prevaile but to expect the issue that shall be full of duty and Loyalty The Commons sent a message to the Lords that they would joyne in an humble request to the King that a clear and satisfactory answer be given by his Majesty in full Parliament to the petition of Right whereunto the Lords did agree Afterward the House was turned again into a Committee and considered of some more heads to be inserted into the Declaration or Remonstrance as the designe to bring into this Nation Forreign Forces under the command of Dolbeir And Burlemack was called into the House who confessed he received thirty thousand pound by Privy seal for the buying of Horses that one thousand of them are levied that those Horse and their Riders are to come over and Armes are provided for them in Holland but he ●eares a Countermand is gone to stay them The Privy Seal is in these Words CHarles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Treasurer and under Treasurer for our Exchequer for the time being Greeting We do hereby will and command you out of our Treasury remaining in the receipt of our said Exchequer forthwith to pay or cause to be paid unto Philip Burlemack of London Merchant the summe of thirty thousand pounds to be paid by him over by Bill of Exchange into the Low-Countreys and Germany unto our Trusty and
and with bleeding hearts and bended knees to crave your speedy Redresse therein as to your own wisdome unto which we most humbly submit our selves and our desires shall seeme most meet and convenient What the multitude and Potency of your Majesties enemies are abroad What be their malicious and ambitious ends and how vigilant and constantly industrious they are in pursuing the same is well known to your Majesty Together with the dangers threatned thereby to your sacred Person and your Kingdomes and the calamities which have already fallen and do daily encrease upon your Friends and Allies of which we are well assured your Majesty is most sensible and will accordingly in your great wisdome and with the gravest and most Mature Councel according to the exigencie of the times and occasions provide to prevent and help the same To which end we most humbly intreat your Majesty first and especially to cast your eyes upon the miserable condition of this your own Kingdome of late so strangely weakened and dejected that unlesse through your Majesties most gracious Wisdom Goodnesse and Iustice it be speedily raised to a better condition it is in no little danger to become a sudden Prey to the Enemies thereof and of the most happy and flourishing to be the most miserable and contemptible Nation in the World In the discoveries of which dangers mischiefs and inconveniences lying upon us we do freely protest that it is far from our thoughts to lay the least aspersion upon your sacred Person or the least scandal upon your Government For we do in all sincerity of our hearts not only for our selves but in the Name of all the Commons of the Realme whom we represent ascribe as much duty as a most loyal and affectionate people can do unto the best King for so you are and so have been pleased abundantly to expresse your self this present Parliament by your Majesties clear and satisfactory answer to our Petition of Right For which both our selves and our posterity shall blesse God for you and ever preserve a thankful memory of your great goodnesse and Iustice therein And we do verily believe that all or most of these things which we shall now present unto your Majesty are either unknown unto you or else by some of your Majesties Ministers o●fered under such specious pretences as may hide their own ill intentions and ill consequences of them from your Majesty But we assure our selves according to the good example of your Majesties Predecessors nothing can make your Majesty being a wise and Iudicious Prince and above all things desirous of the welfare of your people more in love with Parliaments then this which is one of the principal ends of calling them that therein your Majesty may be truely informed of the State of all the several parts of your kingdome and how your Officers and Ministers do behave themselves in the trust reposed in them by your Majesty which is scarce able to be made known unto you but in Parliament as was declared by your blessed Father when he was pleased to put the Commons in Parliament assembled in minde that it would be the greatest unfaithfulnesse and breach of duty to his Majesty and of the trust committed to them by the Countrey that could be if in setting forth the grievances of the people and the condition of all the parts of this Kingdome from whence they come they did not deal clearly with him without sparing any how near and dear soever they were unto him if they were hurtful or dangerous to the Common-Wealth In confidence therefore of your Majesties gracious acceptation in a matter of so high importance and in faithful discharge of our duties We do first of all most humbly beseech your Majesty to take notice that howsoever we know your Majesty doth with your soul abhor that any such thing should be imagined or attempted Yet there is a general fear conceived in your people of secret working and combination to introduce into this kingdome innovation and change of our holy Religion more precious unto us then our lives and whatever this world can afford And our fears and jealousies herein are not meerly conjectural but arising out of such certain and visible effects as may demonstrate a true and real Cause For notwithstanding the many good and wholesome Laws and provisions made to prevent the increase of Popery within this kingdome and notwithstanding your Majesties most gracious and satisfactory answer to the Petition of both Houses in that behalfe presented to your Majesty at Oxford We finde there hath followed no good execution nor effect but on the contrary at which your Majesty out of the quick sense of your own religious heart cannot but be in the highest measure displeased those of that Reliligion do finde extraordinary favors and respect in Court from persons of great quality and power whom they continually resort unto and in particular to the Countesse of Buckingham who her self openly professing that Religion is a known favourer and supporter of them that do the same which we well hoped upon your Majesties Answer to the aforsaid Petition at Oxford should not have been permitted nor that any of your Majesties Subjects of that religion justly to be suspected should be entertained in the service of your Majesty or your royal consort the Queen Some likewise of that Religion have had Honours Offices and places of Command and Authority lately conferred upon them But that which striketh the greatest terror into the hearts of your Loyal Subjects concerning this is that Letters of Stay of legal proceedings against them have been procured from your Majesty by what indirect meanes we know not And Commissions under the great Seale granted and executed for composition to be made with Popish Recusants with Inhibitions and restraints both to the Ecclesiastical and temporal Courts and Officers to intermeddle with them which is conceived to amount to no le●●e then a toleration odious to God full of dishonour and extreame disprosit to your Majesty of great scandal and griefe to your good people and of apparent danger to the present State of your Majesty and of this Kingdome their numbers power and insolency daily increasing in all parts of your Kingdome and especially about London and the Subburbs thereof Where exceeding many Families do make their abode publiquely frequent Masse at Denmark House and other places and by their often meetings and conferences have opportunities of combining their Councels and Strength together to the hazard of your Majesties safety and the State and most especially in these doubtful and calamitous times And as our fear concerning change or subversion of Religion is grounded upon the daily increase of Papists the open and professed Enemies thereof for the Reasons formerly mentioned So are the hearts of your good Subjects no lesse perplexed when with sorrow they behold a daily growth and spreading of the faction of the Arminians that being as your Majesty well knows but a cunning way to
well performed would require the time and industry of the ablest men both of Counsel and Action that your whole Kingdome will affoard especially in these times of common danger And our humble desire is further that your most excellent Majesty will be pleased to take into your Princely consideration whether in respect the said Duke hath so abused his power it be safe for your Majesty and your Kingdom to continue him either in his great Offices or in his place of nearness and Councel about your sacred Person And thus in all humility aiming at nothing but the honour of Almighty God and the maintenance of his true Religion the safety and happiness of your most excellent Majesty and the preservation and prosperity of this Church and Common-wealth We have endeavoured with faithfull hearts and intentions and in discharge of the duty we owe to your Majesty and our Countrey to give your Majesty a true Representation of our present danger and pressing calamities which we humbly beseech your Majesty graciously to accept and take the same to heart accounting the safety and prosperity of your people your greatest happiness and their love your Richest Treasure A rufull and lamentable spectacle we confess it must needs be to behold those Ruines in so fair an House So many diseases and almost every one of them deadly in so strong and well tempered a body as this kingdom lately was But yet we will not doubt but that God hath reserved this Honor for your Majesty to restore the safety and happiness thereof as a work worthy so excellent a Prince for whose long life and true felicity we daily pray and that your fame and never dying Glory may be continued to all succeeding Generations HEreupon a Message was sent to his Majesty desiring access to his Person with the Remonstrance and the Speaker was appointed to deliver it who much desired to be excused but the House would not give way thereunto The House also sent up the Bill of Subsidy unto the Lords Soon after the King sends a Message by Sir Humphrey May that he means to end this Session on the 26. of Iune whereupon the Commons fall upon the Bill of Tunnage and Poundage In the mean time this ensuing Order concerning the Duke was made in the Starchamber upon the signification of his Majesties pleasure In Interiori Camera Stellatâ 16. Junii Anno quarto Caroli Reg. FOrasmuch as his Majesty hath been graciously pleased to signifie unto his Highness Atturney General that his Royal pleasure is that the Bill or information Exhibited into this Court against the Right Honourable George Duke of Buck. for divers great offences and misdemeanours objected against him for that his Majesty is fully satisfied of the innocency of that Duke in all those things mentioned in the said information as well by his own certain knowledge as by the proofs in the Cause shall therefore together with the said Dukes Answer thereunto and all other proceedings thereupon be taken off the File that no memory thereof remain of Record against him which may tend to his disgrace It is therefore Ordered that the said Information or Bill the Answer thereunto and all other Proceedings thereupon be forthwith taken from the File by his Majesties said Atturney General according to his Majesties pleasure therein to him signified under his hand and now remaining in the custody of the Register of this Court Dated this present 16. day of Iune 4. Caroli Exam. per Jo. Arthur 16. Iunii 1628. ON this very day the Duke signified unto the House that he is informed that one Mr. Christopher Eukener of the House of Commons hath affirmed that his Grace did speak these words at his own Table Viz. Tush it makes no matter what the Commons or Parliament doth for without my leave and authority they shall not be able to touch the hair of a Dogg And his Grace desired leave of their Lordships that he might make his Protestation in the House of Commons concerning that Speech And to move them that he which spake it of him being a Member of that House might be commanded to justifie it and his Grace heard to clear himself Their Lordships considering thereof ordered that the Duke shall be left to himself to do herein what he thinks best in the House of Commons Whereupon the Duke gave their Lordships thanks and protested upon his Honour that he never had those words so much as in his thoughts Tho which Protestation the Lords Commanded to be entred that the Duke may make use thereof as need shall be The Duke also charged one Mr. Melvin for speaking words against him Viz. First That Melvin said That the Dukes plot was that the Parliament should be dissolved and that the Duke and the King with a great Army of Horse and Foot would war against the Commonalty and that Scotland should assist him so that when war was amongst our selves the Enemy should come in for this Kingdom is already sold to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Jesuites Scotishmen and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the Duke could alter it 4. That when the Ordnance were shipt at St. Martins the Duke caused the Souldiers to go on that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his blood and Marquess Hamiltons with others cries out for vengeance to heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poisoned by Sir Thomas Overbury and he himself served with the same sauce and that the Earl of Somerset and others could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence About the same time the Lord Keeper reported to the House of Lords what his Majesty said touching the Commission of Excise Viz. That their Lordships had reason to be satisfied with what was truly and rightly told them by the Lords of the Councel that this Commission was no more but a warrant of advice which his Majesty knew to be agreeable to the time and the manifold occasions then in hand but now having a supply from the loves of his people he esteems the Commission useless and therefore though he knows no cause why any jealousie should have risen thereby yet at their desires he is content it be cancelled and he hath commanded me to bring both the Commission and Warrant to him and it shall be cancelled in his own presence The day following the Lord Keeper reported that his Majesty had cancelled the Commission and the Warrant for putting the Seal thereunto and did there openly shew it and a Message was sent to the Commons to
Religion the precedency of Tunnage and poundage And in the Commitee Mr. Pymme spake as followeth TWo diseases there be said he the one old the other new the old Popery the new Arminianism there be three things to be inquired after concerning Popery 1. The cessation of the Execution of Laws against Papists 2. How the Papists have been imployed and countenanced 3. The Law violated in bringing in of superstitious ceremonies amongst us especially at Durham by Mr. Cozens as Angels Crucifixes Saints Altars Candles on Candlemas day burnt in the Church after the Popish manner For Arminianisme let it be advised 1. That a way be open for the truth 2. That whereas by the Articles set forth 1562. and by the Catechism set forth in King Edward the sixths days and by the writing of Martin Bucer and Peter Martyr who were employed in making our Articles and by the constant professions sealed by the blood of so many Martyrs as Cranmer Ridley and others and by the 36. Articles in Queen Elizabeths time and by the Articles agreed upon at Lambeth as the Doctrine of the Church of England which King Iames sent to Dort and to Ireland and were avowed by us and our State his Majesty hath expressed himself in preserving unity in Religion established though his royal intention notwithstanding hath been perverted by some to suppresse the truth Let us shew wherein these late opinions are contrary to those setled truths and what men have been since preferred that have professed these Heresies what pardons they have had for false doctrine what prohibiting of Books and writings against their doctrine and permitting of such books as have been for them Let us inquire after the Abettors Let us enquire also after the pardons granted of late to some of these and the presumption of some that dare preach the contrary to truth before his Majesty It belongs to the duty of Parliament to establish true Religion and to punish false we must know what Parliaments have done formerly in Religion Our Parliaments have confirmed general Councels In the time of King Henry 8. the Earl of Essex was condemned for countenancing books of Heresie For the convocation it is but a Provincial Sinod of Canturbury and cannot bind the whole Kingdom As for York that is distant and cannot do any thing to bind us or the Laws For the High-Commission it was derived from Parliament Wednesday 28. Secretary Cook delivered another message to the House concerning the precedency of Tunnage and Poundage declaring that his Majesty intends not thereby to interrupt them as to Religion so that they do not intrench on that which belongs not to them which message was seconded by Sir Thomas Edmonds in these words I am sorry the House hath given cause to so many messages about Tunnage and Poundage after his Majesty hath given us so much satisfaction you may perceive his Majesty is sensible of the neglect of his businesse we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you You your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his fathers time and since what inlargement he hath made of our Liberties and still we give him cause to repent him of the good he hath done Consider how dangerous it is to alienate his Majesties heart from Parliaments Master Corriton replied WHen men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean And I see not how we do neglect the same I see it is in all our hearts to expedite the Bill of Tunnage and Poundage in due time our businesse is still put back by these Messages and the businesse in hand is of God and his Majesties affairs are certainly amisse and every one sees it and woe be to us if we present them not to his Majesty The House resolved to send an answer to the King that these messages are inconvenient and breed debates and losse of time and did further resolve that Tunnage and Poundage arising naturally from this House they would in fit time take such a course therein as they hoped would be to his Majesties satisfaction and honour and so again agreed to proceed at present in matters of Religion Sir Iohn Eliot upon this occasion spake to this purpose I have always observed said he that in the proceedings of this House our best advantage is order and I was very glad when that noble Gentleman my Country-man gave occasion to state our proceedings for I fear it would have carried us into a Sea of confusion and disorder and having now occasion to present my thoughts in this great and weighty businesse of Religion I shall be bold to speak a few words There is a jealousie conceived as if we meant to dispute in matters of faith it is our profession this is not to be disputed it is not in the Parliament to make a new Religion nor I hope shall it be in any to alter the body of the truth which we now professe I must confess amongst all those fears we have contracted there ariseth to me not one of the least dangers in the Declaration that is made and publisht in his Majesties name concerning disputing and preaching let not this my saying bear the least suspition or jealousie of his Majesty for if there be any misprision or Error I hope it is those Ministers about him which not only he but all Princes are subject unto and Princes no doubt are subject to mis-informations and many actions may be intitled to their Names when it is not done by themselves Antiochus King of Asia sent his Letters and missives to several Provinces that if they received any dispatches in his name not agreeable to justice Ignoto se litteras esse scriptas ideoque iis non parerent and the reason of it is given by Gratian because that oftentimes by the importunity of Ministers Principes saepe constringuntur ut non concedenda concedant are drawn to grant things by them not to be granted and as it was in that age so it may be in this And now to the particular in the Declaration we see what is said of Popery and Arminianism our Faith and Religion is in danger by it for like an Inundation it doth break in at once upon us It is said if there be any difference in Opinion concerning the seasonable interpretation of the 39. Articles the Bishops and the Clergy in the Convocation have power to dispute it and to order which way they please and for ought I know Popery and Arminianism may be introduced by them and then it must be received by all a slight thing that the power of Religion should be left to the persons of these men I honour their profession there are among our Bishops such as are fit to be made examples for
Counsellors said We had wicked Counsell and another said that the Councill and Judges sought to trample under feet the liberty of the Subject and a third traduced Our Court of Star-Chamber for the Sentence given against Savage they passed without check or censure by the House By which may appear how far the Members of that House have of late swollen beyond the rules of moderation and the modesty of former times and this under pretence of priviledge and freedom of speech whereby they take liberty to declare against all authority of Councill and Courts at their pleasure They sent for Our Sheriff of London to examine him in a cause whereof they had no jurisdiction their true and antient jurisdiction extending onely to their own Members and to the conservation of their priviledges and not to the censure of forrain persons and causes which have no relation to their priviledges the same being but a late innovation And yet upon an enforced strain of a Contempt for not answering to their satisfaction they commit him to the Tower of London using that outward pretext for a cause of committing him the true and inward cause being for that he had shewed himself dutifull to Us and Our commandements in the matter concerning Our Customs In these innovations which We will never permit again they pretended indeed Our service but their drift was to break by this means through all respects and ligaments of Government and to erect an universall over-swaying power to themselves which belongs onely to Us and not to them Lastly in their proceedings against Our Customers they went about to censure them as Delinquents and to punish them for staying some goods of some factious Merchants in Our Store-house for not paying those Duties which themselves had for●erly paid and which the Customers without interruption had received of all other Merchants many years before and to which they were authorised both by Our great Seal and by severall directions and commandements from Us and Our Privy Councill To give some colour to their proceedings herein they went about to create a new priviledge which We will never admit That a Parliament-man hath priviledge for his goods against the King the consequence whereof would be That he may not be constrained to pay any Duties to the King during the time of priviledge of Parliament It is true they would have this case to have been between the Merchants and Our Farmers of Our Customs and have severed them from Our interest and commandment thereby the rather to make them lyable to the censure and punishment of that House But on the other side We holding it both unjust and dishonorable to with-draw Our self from Our Officers in any thing they did by Our commandement or to disavow any thing that we had enjoyned to be done upon Munday the 23d of February sent a message unto them by Secretary Cook thanking them for the respect they had shewed in severing the interest of Our Farmers from Our Own interest and commandment Neverthelesse We were bound in honour to acknowledge a truth that what was done by them was done by our expresse commandement and direction and if for doing thereof Our Farmers should suffer it would highly concern Us in honour Which message was no sooner delivered unto them but in a tumultuous and discontented manner they called Adjourn Adjourn and thereupon without any cause given on Our part in a very unusuall manner adjourned untill the Wednesday following On which day by the uniform wisdom of Our Privy Council We caused both Houses to be adjourned until the second day of March hoping that in the mean time a better and more right understanding might bee begotten between Us and the Members of that House whereby the Parliament might come to a happy Issue But understanding by good advertisment that their discontent did not in that time digest and passe away We resolved to make a second adjournment untill the tenth of March which was done as well to take time to Our Self to think of some means to accommodate those difficulties as to give them time to advise better and accordingly We gave commandment for a second adjournment in both Houses and for cessation of all businesse till the day appointed which was very dutifully obeyed in the Higher House no man contradicting or questioning it But when the same commandment was delivered in the House of Commons by their Speaker it was streight-waies contradicted and although the Speaker declared unto them it was an absolute right and power in Us to adjourn as well as to prorogue or dissolve and declared and readd unto them divers presidents of that House to warrant the same yet Our commandment was most contemptuously disobeyed and some rising up to speak said They had businesse to do before the House should be adjourned Whilst the Duke of Buckingham lived he was intituled to all the distempers and ill events of former Parliaments and therefore much endeavour was used to demolish him as the onely wall of separation between Us and Our people But now he is dead no alteration was found amongst those envenomed spirits which troubled then the blessed harmony between Us and Our Subjects and continue still to trouble it For now under the pretence of publick care of the Common-wealth they suggest new and causlesse fears which in their own hearts they know to be false and devise new Engines of mischief so to cast a blindnesse upon the good affections of Our people that they may not see the truth and largenesse of Our heart towards them So that now it is manifest the Duke was not alone the mark these men shot at but was onely as a near minister of Ours taken up on the By and in their passage to their more secret designes which were onely to cast Our Affairs into a desperate condition to abate the powers of Our Crown and to bring Our Government into obloquy that in the end all things may be over-whelmed with Anarchy and Confusion We do not impute these dysasters to the whole House of Commons knowing that there were amongst them many religious grave and well-minded men but the sincerer and better part of the House was over-born by the practises and clamours of the other who carelesse of their duties and taking advantage of the times and Our necessities have enforced Us to break off this Meeting which had it been answered with like duty on their parts as it was invited and begun with love on Ours might have proved happy and glorious both to Us and this whole Nation We have thus declared the manifold causes We had to dissolve this Parliament whereby all the world may see how much they have forgotten their former engagements at the entry into the War themselves being perswaders to it promising to make Us feared by Our enemies and esteemed by Our friends And how they turned the Necessities grown by that War to enforce us to yield to Conditions incompatible with Monarchy And now that