Schedule wherein the names of Ecclesiastical persons were written under the letters O and P O standing for Orthodox and P for Puritans for the Duke commanded that he should thus digest the names of eminent persons to be presented unto the King under that Partition King Charles in the entrance of his Reign proceeds with preparations for a War begun in his fathers time the Militia of the Kingdom through the long continued Peace was much decayed and the Musters of the Trained-bands were slight and seldom taken and few of the Commons were expert in the use of Arms wherefore the Lords Lieutenants were commanded by order of the Council to make a general Muster of the Trained Horse and Foot in their several Counties and to see to the sufficiency of the Men Horse and Arms and that all be compleat according to the best modern form and be in readiness for all occasions and especially now the affairs of Christendom stand upon such uncertain Terms and more particularly that the Maritine Towns be well manned and their men duely exercised and the King declared his will and pleasure that the Lord Lieutenants of the several Shires should have the nomination of their Deputy Lieutenants In the beginning of May Warrants were issued forth for a Leavy of Souldiers to be imployed in the service of his Majesties Brother and Sister the Prince and Princess Palatine whereof eight thousand were pointed to Rendezvous at Plymouth by the five and twenty of this Moneth and the charge of Coat and Conduct was ordered to be disbursed by the Country and the Country to be repaid out of the Kings Exchequer after the President of former times in like manner two thousand men were appointed to Rendezvous at the Port of Hull to be transported into the Netherlands for the service of the United-Provinces and two thousand were to be returned thence into England for his Majesties present service the mingling of a good proportion of old Souldiers and Officers with the new raised Companies was the ground of this exchange The remembrance of the late violence committed by Count Mansfield's Army in their passage to Dover occasioned a Proclamation to repress and prevent the like attempts of Soldiers as they now passed through the Counties to the places of their Rendezvous threatning the Offendors with the strictest proceedings against them for an Example of Terror and straitly commanding the Officers who have the charge of the Conduct for the removing of all occasions and pretences of disorders to see their Companies duely paid and provided of all necessaries and to be alwayes present with them and carefully to conduct them from place to place in like manner to prevent their Outrages when they should come to Plymouth or the parts adjoyning a Commission was sent impowering persons of trust upon any robbery fellony mutiny or other misdemeanors punishable with death by Martial Law committed by the Souldiers or other dissolute persons joyned with them to proceed to the trial and condemnation of all such Delinquents in such Summary course and order as is used in Armies in time of War according to the Law Martial and to cause Execution to be done in open view that others may take warning and be kept in due obedience The consummation of King Charles his Marriage with Henrietta Maria Daughter of France was near at hand The Treaty had proceeded far in his Fathers life time but was not in all points concluded the Articles were signed the year before by King Iames on the eleventh of May and by the French King on the Fourteenth of August On the Thirteenth of March this present year the Earls of Carlisle and Holland being then Ambassadors and Commissioners in France for this Marriage King Charls signed the Articles Besides the general there were other private Articles agreed upon in favor of the Papists of this Kingdom That the Catholicks as well Ecclesiasticks as Temporal imprisoned since the last Proclamation which followed the Breach with Spain should all be set at liberty That the English Catholicks should be no more searched after nor molested for their Religion That the Goods of the Catholicks as well Ecclesiastical as Temporal that were seised on since the forementioned Proclamation should be restored to them And on the Tenth of May as the first fruits of this promised Indulgence and favor the King granted unto Twenty Roman Priests a special Pardon of all Offences committed against the Laws then in force against Papists The Dispensation being come from Rome about the beginning of May the Espousals were made in Paris by Cardinal Richelieu The Ambassadors having first presented to the King the Contract of Marriage which was read openly by the Chancellor and his Majesty of France agreed thereunto The Duke of Chevereux likewise shewed his Procuration of power which the King of England had given him concerning the said Marriage The Archbishop of Paris pretended that it belonged to him to perform this Solemnity but the Cardinal carried it as well for the eminencie of his Dignity as for that he was chief Almoner and prime Curate of the Court. Sunday following the day appointed for these Nuptials the Bride went from the Louure about Nine in the morning to be dressed in the Archbishops house and afterwards the King Queen and Princesses and all the Court in rich Attire parted likewise from the Louure and came to the said house of the Archbishop and thence conducted the Bride to a Theatre exected on purpose before the Frontispiece of Nostre-Dame The Duke of Chevereux had Black habit lined with Cloth of Gold and beset with Diamonds The Earls of Carlisle and Holland Ambassadors were both clad in Beaten-Silver and went on each side of the Duke of Chevereux A Canopy being placed upon the Scaffold the King of France and Monsieur his Brother consigned the Queen of Great Britain their Sister into the hands of the Duke of Chevereux and the Marriage was solemnized according to the ordinary Ceremonies of that Church Which being performed they went in the same order and solemnity to Nostre-Dame the Duke of Chevereux going before the King When they came to the door of the Quire they made great Reverence to the King and Queen and then the Ambassadors retired into the Bishops house while Mass was said in the Church The Mass being ended the Duke of Chevereux and the Ambassadors came again to the door of the Quire to take their places and the same Order was observed in returning as in going And so they came from the Church into the Hall of the Archbishops house where the Feast Royal was made in as great magnificence as can be expressed The King sate under a Canopy at the middle of the Table and the Queen of Great Britain at his left hand and the Queen-Mother at his right the Duke of Chevereux sate next the Queen of England and the Earls of Carlisle and Holland next to the Duke To the intent that all
attended by all the Servants in Ordinary The day following the Privy-Counsellors to the late King with all the Lords Spiritual and Temporal then about London were in the Council Chamber at Whitehall by Eight of the Clock in the morning ready to go together and present themselves to his Majesty but there came in the mean a Commandment from the King by the Lord Conway and Sir Albertus Morton Principal Secretaries of State to the deceased King that the Lord Keeper of the Great-Seal should be sworn of his Majesties Privy-Council and that he should give the Oath to the Lord President by whom all the rest of the late Kings Council should be sworn Counsellors to his present Majesty The Lord Keeper of the great Seal the Lord President the Lord Arch-bishop of Canterbury the Lord Treasurer of England the Lord Privy-Seal the Duke of Buckingham Lord Admiral of England the Earl of Pembrook Lord Chamberlain the Earl of Montgomery the Earl of Kellye the Earl of Arundel Earl Marshal of England the Lord Viscount Grandison the Lord Conwey the Lord Brook Mr Treasurer Mr Comptroller the Master of the Wards Mr Secretary Morton Mr Chancellor of the Exchequer and the Master of the Rolls were this day sworn accordingly the Lord Keeper did take an Oath apart as Lord Keeper of the Great Seal the Lord Treasurer as Lord Treasurer of England the Lord President as Lord President of the Kings Privy-Council and the Lord Conwey and Sir Albertus Norton as principal Secretaries of State the Lords which were not of his Majesties Privy-Council repaired by themselves to St Iames's and presented themselves to the King and kissed his hand The Council sat immediately and advised of the most important and pressing matters to be offered to the King for his present service and resolved upon these particulars That a Commission be granted to authorize the Great-Seal Privy-Seal and Signet till new ones be prepared also Commissions for authorizng of Judges Justices of Peace Sheriffs and other such Officers for Government that there be a general Proclamation for continuation of Proceedings preservation of Peace and administration of Justice that Letters be prepared for the Ambassadors with foreign Princes to authorize their services to the King that special Messengers be sent unto foreign Princes that the like Proclamations to those of England be sent into Scotland that Commissions be renewed into Ireland to the Deputy and Officers there that the Mint for Coyning of money go on and all things be mannaged by the Officers as then they stood till the Kings pleasure be further known that a Parliament be summoned when the King shall appoint that the Kings pleasure be known concerning the time of his Fathers Funeral and where the Corps shall rest in the mean time as also the time of his Majesties Coronation This being done the whole Council attended the King at St Iames's where the Lord Keeper in the name of all the rest presented their humble thanks that it had pleased his Majesty to have affiance in those that had been Counsellors to his Father to receive them all to be of his Privy-Council the Lord President represented to the King the matters before mentioned which the King allowed and gave order that those of them which required speed should be put in execution and most of the powers he signed presently And first because by the death of the late King the Authorities and powers of the greatest number of Offices and places of Government did cease and fail by the failing of the Soveraign Person from whom the same were derived a Proclamation issued forth signifying his Majesties pleasure that all persons whatsoever who at the decease of the late King were invested in any Office or Place of Government Civil or Martial within the Realms of England and Ireland and namely Presidents Lieutenants Vice-Presidents Judges Justices Sheriffs Deputy Lieutenants Commissaries of Musters Justices of Peace shall continue in their several Offices till his Majesties pleasure were further known In another Proclamation of the same date the King took notice of his Fathers death and that he being his onely Son and undoubted Heir is invested and established in the Crown Imperial of this Realm and all other his Majesties Realms Dominions and Countries with all the Royalties Preeminencies Stiles Names Titles and Dignities to the same belonging and he declared That as he for his part shall by Gods grace shew himself a most benign and gracious Soveraign Lord to all his good Subjects in all their lawfull Suits and Causes so he mistrusteth not but that they on their parts will shew themselves unto him their natural Liege Lord most loving faithfull and obedient Subjects The Council resolved to move the King that his Fathers Funeral might be solemnized within five weeks and within a few dayes after the Ceremonial Nuptials in France and before the Parliament began in England These Resolves the Lord President represented unto the King who accepted of the advices and said he would follow them Moreover he summoned a Parliament to begin the seventeeth of May but by the advice of his Privy-Council Prorogued it to the one and thirtieth of May afterwards to the thirteenth of Iune and then to the eighteenth of the same moneth which Prorogations were occasioned by the Kings going to Dover to receive the Queen April 23. The Body and Herse of King Iames was brought from Theobalds to London being conducted by the Officers of the Guard of the Body all in Mourning every one having a Torch and attended by all the Lords of the Court and great numbers of other persons of quality and was placed in denmark-Denmark-House in the Hall of the deceased Queen Anne The seventh of May was the day of Burial the Body and Herse were taken from the said Hall of State and brought in great Pompe and Solemnity to Westminster where the Kings of England use to be interred The new King to shew his Piety towards his deceased Father was content to dispense with Majesty he followed in the Rear having at his right hand the Earl of Arundel at his left the Earl of Pembrook both Knights of the Garter his Train was born up by twelve Peers of the Realm So King Iames who lived in Peace and assumed the title of Peace-maker was peaceably laid in his Grave in the Abby at Westminster King Charles in his Fathers life time was linked to the Duke of Buckingham and now continued to receive him into an admired intimacy and dearness making him Partaker of all his Counsels and Cares and Chief Conductor of his Affairs an Example rare in this Nation to be the Favorite of two succeding Princes The Publick State of Religion and the steering of Church-matters had an early inspection and consultation in the Cabinet Council Bishop Laud who in King Iame's life time had delivered to the Duke a little book about Doctrinal Puritanism now also delivered to the Duke a
onely an Award and no Judgement and in the L. Chief Justice his Argument there was no word spoken that the King might commit or detain without cause For the King to commit a man is indignum Regi Mercy and Honor flow immediately from the King Judgement and Justice are his too but they flow from his Ministers the Sword is carried before him but the Scepter in his hands These are true Emblems of a good King The Law admits not the King power of detaining in Prison at pleasure In antient times Prisons were but pro custodia carceres non ad poenam sed ad custodiam Admit the King may commit a man yet to detain him as long as he pleaseth is dangerous and then a man shall be punished before his offence Imprisonment is a Maceration of the body and horror to the minde it is vita pejor morte Mr Selden last of all produced the Statutes Presidents and Book-Cases which were expresseâ— in point to the Question in hand and the House commanded that Case in the Lord Chief Justice Andersons Book all of his own hand-writing to be openly read And for the Presidentâ— cited by the Kings Council in 34 years of the Queen as the Opinion of all the Judges certainly there was a great mistake in it and the mistake was the greater when it passed as currant by the Judges of the Kings-Bench in the last Case of the Habeas Corpus And that the truth of the Opinion may clearly appear let us read the words out of the Lord Chief Justice Andersons Report out of the Book written with his own hand which will contradict all those Apocrypha Reports that go upon the Case The words of the Report were these Divers persons fueront committes a several temps a several prysons sur pleasure sans bon cause parte de queux estiant amesnes en banck le Roy. Et parte en le Commune banck fuerunt accordant a le ley de la terre mise a large discharge de le imprisonment pur que aucunt grands fueront offendus procure un commandment a les Iudges que ils ne fera ainsi apres Ceo nient meins les Iudges ne surcease mes per advise enter eux ils fesoint certain Articles le tenour de queux ensus deliver eux al seignieurs Chancelor Treasurer eux subscribe avec touts lour mainies les Articles sont come erisnoint We her Majesties Iustices of both Benches and Barons of the Exchequer desire your Lordships that by some good means some order may be taken that her Highness Subjects may not be committed or detained in prison by commandment of any Noble man or Councellor against the Laws of the Realm either else to help us to have access to her Majesty to the end to become Suitors to her for the same for divers have been imprisoned for suing ordinary Actions and Suits at the Common-Law until they have been constrained to leave the same against their wills and put the same to order albeit Iudgement and Execution have been had therein to their great losses and griefs for the aid of which persons her Majesties Writs have sundry times been directed to sundry persons having the Custody of such persons unlawfully imprisoned upon which Writs no good or lawfull cause of imprisonment hath been returned or certified Whereupon according to the Laws they have been discharged of their imprisonment some of which persons so delivered have been again committed to prison in secret places and not to any common or ordinary Prison or lawfull Officer or Sheriff or other lawfully authorized to have or keep a Goal So that upon complaint made for their delivery the Queens Courts cannot tell to whom to direct her Majesties Writs and by this means Iustice cannot be done And moreover divers Officers and Serjeants of London have been many times committed to Prison for lawfull executing of her Majesties Writs sued forth of her Majesties Court at Westminster and thereby her Majesties Subjects and Officers are so terrified that they dare not sue or execute her Majesties Laws her Writs and Commandments Divers others have been sent for by Pursevants and brought to London from their dwellings and by unlawfull imprisonment have been constrained not only to withdraw their lawfull suits but have been also compelled to pay the Pursevants so bringing such persons great sums of money All which upon complaint the Iudges are bound by Office and Oath to relieve and help by and according to her Majesties Laws And where it pleaseth your Lordships to will divers of us to set down in what Cases a Prisoner sent to custody by her Majesty or her Councel are to be detained in Prison and not to be delivered by her Majesties Court or Iudges We think that if any person be committed by her Majesties command from her person or by order from the Council board and if any one or two of her Council commit one for high Treason such persons so in the Cases before committed may not be delivered by any of her Courts without due Trial by the Law and Iudgement of acquittal had Nevertheless the Iudges may award the Queens Writ to bring the bodies of such Prisoners before them and if upon return thereof the causes of their commitment be certified to the Iudges as it ought to be then the Iudges in the Cases before ought not to deliver him but to remand the Prisoner to the place from whence he came which cannot conveniently be done unless notice of the cause in general or else in special be given to the Keeper or Goaler that shall have the Custody of such a Prisoner All the Iudges and Barons did subscribe their names to these Articles Ter. Paschae 34 Eliz. and delivered one to the L. Chancellor and another to the L. Treasurer after which time there did follow more quietness then before in the Cause before mentioned After the reading of this Report Sir Edw. Cook said That of my own knowledge this Book was written with my L. Andersons own hand it is no flying report of a young Student I was Solicitor then and Treasurer Burley was as much against Commitment as any of this Kingdom It was the White Staves that made this stir Let us draw towards a conclusion The Question is whether a Feeman can be imprisoned by the King without setting down the cause I leave it as bare as Aesops Crow they that argue against it Humores moti non remoti corpus destruunt It is a Maxime the Common-Law hath admeasured the Kings Prerogative that in no Case it can prejudice the Inheritance of the Subjects had the Law given the Prerogative to that which is taken it would have set some time to it else mark what would follow I shall have an Estate of Inheritance for life or for years in my Land or propriety in my Goods and I shall be a Tenant at will for my liberty I shall have
and ought not to be denied and is directeâ— to the Keeper of the Prison in whose custody the Prisoner remains commanding him that after a certain day he bring in the body of the Prisoner cum causa detentionis and sometimes cum causa captionis and he with his return filed to the Writ bringeth the Prisoner to the Bar at the time appointed and the Court judgeth of the sufficiency or insufficiency of the retuâ—n and if they finde him baylable committitur Marescallo the proper Prison belongeth to the Court and then afterward traditur in ball But if upon the return of the Habeas Corpus it appear to the Court that the Prisoner ought not to be bayled nor discharged from the Prison whence he is brought then he is remanded and sent back again to continue till by due course of Law he may be delivered and the entâ—y of this is remittitur quousque secundum legem deliberatus fuerit or remittitur quousque c. which is all one and the highest award of Judgement that ever was or can be given upon a Habeas Corpus Your Lordships have heard the resolution of the House of Commons touching the enlargement of a man committed by the command of the King or the privy Councel or any other without cause shewed of such commitment which resolution as it is grounded upon Acts of Parliament already shewen the reason of the Law of the Land being committed to the charge of another to open unto unto you so it is strengthened by many Precedents of Records He then produced twelve Precedents full and directly in the point to prove that persons so committed ought to be delivered upon bayl which were distinctly opened and read to their Lordships then he also offered to their consideration other kind of Precedents which were solemn resolutions of Judges things not of Record but yet remain in Authentick Copies which Precedents and Authorities we omit for the length thereof He then proceeded and said The House of Commons desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the 34. year of the Queen cited in the case of Sir Iohn Heveningham by the Kings Councel as Arguments against his not being bayled have got into their hands a Book of select Cases collected by the reverend and learned Judge Chief Justice Anderson all written with his own hand which he caused to be read being the same which hath been already mentioned in the Collections of this Parliament which Precedents saith he do fully resolve enough for the maintenance of the ancient and fundamental point of Liberty of the Person to be regained by Hab. Corp. when any is imprisoned Then he concluded that having thus gone through the charge committed to him by the House of Commons he should now as he had leave and direction given him lest their Lordships should be put to much trouble and expence of time in finding and getting Copies at large of those things which he had cited offer also to their Lordships Authentick Copies of them all and so left them and whatever else he had said to their Lordships further consideration LAst of all Sir Edward Cook took up the Argument as to the rational part of the Law and began with this Introduction Your Lordships have heard 7. Acts of Parliament in point and 31. Precedents summarily collected and with great understanding delivered which I have perused and understand them all throughly 12. of the Precedents are in terminis terminantibus a whole Jury of Precedents and all in the point I am much transported with joy because of the hope of good success in this weighty business your Lordships being so full of Justice and the very Theme and Subject doth promise success which was Corpus cum cansa the freedom of an English man not to be imprisoned without cause shewn which is my part to shew and the reason and the cause why it should be so wherein I will not be prolix nor copious for to guild Gold were idle and superfluous And after he had cleared some doubts made of the Statute of Westminster which saith That the Sheriffs and others in some cases may not replevin men in Prison he proceeded further and said That all those Arguments offered unto your Lordships in this last conference are of a double nature 1. Acts of Parliament 2. Judicial Precedents For the first I hold it a proper Argument for your Lordships because you my Lords temporal and you my Lords spiritual gave your assent unto those Acts of Parliament and therefore if these cannot perswade you nothing can For the second which are Judicial Precedents it is Argumentum ab authoritate and Argumentum ab authoritate valet affimative that is I conceive though it be no good Argument to say negatively the Judges have given no opinion in the point 3. It is good Law which I fortifie with a strong Axiome Neminem oportet sapientiorem esse legibus Now these two arguments being so well pressed to your Lordships by my Colleagues I think your Lordships may wonder what my part may be it is short but sweet it is the Reason of all those Laws and Precedents and Reason must needs be welcome to all men for all men are not capable of the understanding of the Law but every man is capable of Reason and those Reasons I offer to your Lordships in affirmance of the antient Laws and Precedents made for the Liberty of the Subject against Imprisonment without cause expressed 1. A re ipsa 2. A minore ad majus 3. From the remedies provided 4. From the extent and universality of the same 5. From the infiniteness of the time 6. A Fine The first general Reason is a re ipsa even from the nature of Imprisonment ex visceribus causae for I will speak nothing but ad idem be it close or other Imprisonment and this Argument is three-fold because an imprisoned man upon will and pleasure is 1. A Bond-man 2. Worse then a Bond-man 3. Not so much as a man for mortuus homo non est homo a Prisoner is a dead man 1. No man can be imprisoned upon will and pleasure of any but he that is a Bond-man and villain for that Imprisonment and Bondage are Propria quarto modo to villains now Propria quarto modo and the species are convertible Whosoever is a Bond-man may be imprisoned upon will and pleasure and whosoever may be imprisoned upon will and pleasure is a Bondman 2. If free men of England might be imprisoned at the will and pleasure of the King or his commandment then were they in worse case then Bondmen or villains for the Lord of a villain cannot command another to imprison his villain without cause as of disobedience or refusing to serve as it is agreed in the year books And here he said that no man should reprehend any thing that he said out of Books or Records he said he would prove
know the Kings Message come into a Bill of Subsidies all succeeding Kings will say Ye must trust me as well as you did my Predecessors and trust my Messages but Messages of love never came into a Parliament Let us put up a Petition of Right Not that I distrust the King but that we cannot take his trust but in a Parliamentary way On Thursday 8º Maii the Petition of Right was finished and the Clause of Martial Law was added unto it and it was delivered to the Lords at a Conference for their Concurrence the which Conference was managed by Sir Edward Cook and the same day as to the matter of supply ordered that the two first Subsidies should be paid 10º of Iuly one more 12º of October another on 20º of Decemb. and the last of 1º of March AT the Conference Sir Edward Cook thus expressed himself My Lords it is evident what necessity there is both in respect of your selves and your Posterities to have good success of this business We have acquainted your Lordships with the Reasons and Arguments and after we have had some conference we have received from your Lordships Propositions and it behoves me to give your Lordships some reasons why you have not heard from us before now for in the mean time as we were consulting of this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we should find much confidence in the Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever any Subjects have done in former times 5. That whether we shall think it fit either by Bill or otherwise to go on in this great Business his Majesty would be pleased to give way to it These gracious Messages did so work upon our affections that w◠have taken them into deep consideration My Lords when we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way we might go for our more secure way nay yours we did think it the safest way to go in a Parliamentary course for we have a Maxim in the House of Commons and written on the Walls of our House That old ways are the safest and surest ways And at last we did fall upon that which we did think if that your Lordships did consent with us it is the most ancient way of all and that is my Lords via fausta both to Majesty to your Lordships and to our selves for my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis this is an high point of Honor but this shall be done by the Lords and Commons and assented to by the King in Parliament this is the greatest Obligation of all and this is for the Kings Honor and our Safety Therefore my Lords we have drawn a Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous consent of all the House of Commons and there is great reason your Lordships should do so for your Lordships be involved in the same danger And so I have done with the first part and I shall now desire your Lordships leave that I may read that which I have so agreed on Here the Petition of Right was read but we forbear to insert it as yet because there were propositions for alteration and it is not perfect till the Royal assent be given to it From the Eighth to the Twelfth of May all Publique businesses were laid aside On Monday the Twelfth the Lords had a Conference with the Commons where the Lord Keeper made this Speech Gentlemen of the House of Commons MY Lords having a most affectionate desire to maintain that good concurrence that in this Parliament and others hath been of late between both Houses desired this Conference to acquaint you how and in what maner they have proceeded in the Petition of Right that came from this House and to let you know that assoon as they received it they with all care and expedition they possibly could addressed themselves to consider thereof and after good time spent in Debate in the whole House they made a Committee to consider whether retaining of the substance of the Petition there might not be some words altered or put in to make it more sweet to procure it a passable way to his Majesty we know this must be Crowned by the King and good must come to all the Kingdom by this course now taken The Committee hath met and hath propounded some small matters to be altered in some few words to make it passable and not in substance And the Lords having this Reported from their Committee and heard it read in their House resolved of nothing till they have your consent yet they think it fitter to have it propounded to you to consider whether there should be any alteration or no and how the propounded alterations may stand with your liking Concerning the Commitment by the King and the Councel without expressing the cause it was resolved by the Lords to debate it this morning and assoon as they should have debated it they purposed to have your concurrence with them before they resolved it but at instant when they thought to have debated it they received a Letter from his Majesty which they conceive will give a satisfaction to both Houses in the main point My Lords desiring to keep that good concurrence begun desired to communicate that Letter unto you that you might take the same into your considerations as they mean to do themselves This Letter is to be read unto you To the right Trusty and right well-beloved the Lords Spiritual and Temporal of the higher House of Parliament Carolus Rex WE being desirous of nothing more then the advancement of the Peace and Prosperity of our People have given leave to free Debate upon the highest Points of our Prerogative Royal which in the time of our Predecessors Kings and Queens of this Realm were ever restrained as matters that they would not have discussed and in other things we have been willing so far to descend to the desires of our good Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies which those Messages which we have heretofore sent into the Commons House will well demonstrate unto the world yet we finde it still insisted upon that in no case whatsoever should it never so nearly concern matters of State or Government we or our Privy Council have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service it self would thereby be destroyed and defeated and the cause
of former Parliaments passed the Higher House and was sent down to the Commons All which being gratiously intended by Us was ill-entertained by some disaffected persons of that House who by their artifices in a short time raised so much heat and distemper in the House for no other visible cause but because We had declared Our resolution to Prorogue as Our Councill advised and not to Adjourn as some of that House after Our resolution declared and not before did manifest themselves to affect that seldome hath greater passion been seen in that House upon the greatest occasions And some glances in the House but upon open rumors abroad were spread That by the Answer to the Petition We had given away not onely Our Impositions upon Goods exported and imported but the Tunnage and Poundage whereas in the debate and hammering of that Petition there was no speech or mention in either House concerning those Impositions but concerning Taxes and other charges within the Land much lesse was there any thought thereby to debar Us of Tunnage and Poundage which both before and after the Answer to that Petition the House of Commons in all their speeches and treaties did professe they were willing to grant And at the same time many other misinterpretations were raised of that Petition and Answer by men not well distinguishing between well ordered liberty and licentiousness as if by Our Answer to that Petition We had let loose the reynes of Our Government And in this distemper the House of Commons laying aside the Pardon a thing never done in any former Parliament and other businesse fit to have been concluded that Session some of them went about to frame and contrive a Remonstrance against Our receiving of Tunnage and Poundage which was so far proceeded in the night before the prefixed time for concluding the Session and so hastned by the contrivers thereof that they meant to have put it to the Vote of the House the next morning before We should prorogue the Session And therefore finding Our gratious favours in that Session afforded to Our people so ill requited and such sinister straines made upon Our Answer to that Petition to the diminution of Our profit and which was more to the danger of Our Government We resolved to prevent the finishing of that Remonstrance and other dangerous intentions of some ill-affected persons by ending the Session the next morning some few hours sooner then was expected and by Our Own Mouth to declare to both Houses the cause thereof and for hindring the spreading of those sinister interpretations of that Petition and Answer to give some necessary directions for setling and quieting Our Government untill another Meeting which we performed accordingly the six and twentieth of Iune last The Session thus ended and the Parliament risen that intended Remonstrance gave Us occasion to look into the businesse of Tunnage and Poundage And therefore though Our necessities pleaded strongly for Us yet We were not apt to strain that point too far but resolved to guide Our Self by the practise of former Ages and examples of Our most noble Predecessors thinking those counsels best warranted which the wisdom of former Ages concurring with the present occasions did approve and therefore gave order for a diligent search of Records upon which it was found That although in the Parliament holden in the first yeer of the reigne of King Edward the fourth the Subsidy of Tunnage and Poundage was not granted unto that King but was first granted unto him by Parliament in the third yeer of his Reigne yet the same was accounted and answered to that King from the first day of his Reigne all the first and second yeers of his Reigne and untill it was granted by Parliament And that in the succeeding times of King Richard the Third King Henry the Seventh King Henry the Eighth King Edward the Sixth Queen Mary and Queen Elizabeth the Subsidy of Tunnage and Poundage was not onely enjoyed by every of those Kings and Queens from the death of each of them deceasing untill it was granted by Parliament unto the Successor but in all those times being for the most part peacable and not burdened with like charges and necessities as these modern times the Parliament did most readily and cheerfully in the beginning of every of those Reignes grant the same as a thing most necessary for the guarding of the Seas safety and defence of the Realm and supportation of the Royall Dignity And in the time of our Royall Father of blessed memory he enjoyed the same a full yeer wanting very few daies before his Parliament began and above a yeer before the Act of Parliament for the grant of it was passed And yet when the Parliament was assembled it was granted without difficulty And in Our Own time We quietly received the same three years and more expecting with patience in severall Parliaments the like grant thereof as had been made to so many of Our Predecessors the House of Commons still professing That multitude of other businesses and not want of willingnesse on their part had caused the setling thereof to be so long deferred And therefore finding so much reason and necessity for the receiving of the ordinary Duties in the custom-Custom-house to concur with the practice of such a succession of Kings and Queens famous for Wisdom Justice and Government and nothing to the contrary but that intended Remonstrance hatched out of the passionate brains of a few particular persons We thought it was so far from the wisdom and duty of a House of Parliament as We could not think that any moderate and discreet man upon composed thoughts setting aside passion and distemper could be against receiving of Tunnage and Poundage especially since We do and still must pursue those ends and undergo that charge for which it vvas first granted to the Crovvn It having been so long and constantly continued to Our Predecessors as that in four severall Acts of Parliament for the granting thereof to King Edward the Sixth Queen Mary Queen Elizabeth and Our blessed Father It is in expresse tearms mentioned to have been had and enjoyed by the severall Kings named in those Acts time out of minde by authority of Parliament And therefore upon these reasons We held it agreeable to Our Kingly Honour and necessary for the safety and good of Our Kingdom to continue the Receipt thereof as so many of Our Predecessors had done Wherefore when a few Merchants being at first but one or two fomented as it is well known by those evill spirits that would have hatched that undutifull Remonstrance began to oppose the payment of Our accustomed Duties in the Custom-house We gave order to the Officers of Our Customs to go on notwithstanding that opposition in the receiving of the usuall Duties and caused those that refused to be warned to attend at the Councill-board that by the wisdom and authority of Our Councill they might be reduced to obedience and duty where
discreet a hand that I little fear the handsome carriage of it And I hope that before these Letters arive with you we shall hear from you in such a stile that this advice of mine shall be of no use I pray you be very earnest with the Conde Gondomar that he will not forget to negotiate the liberty of Mr. Mole for whom I hope now my Lord Ross is dead for that which you and I know it will not be so difficult to prevail You may put him in minde how when Father Baldwills liberty was granted unto him although he could not absolutely promise Mr. Moles release yet he then faithfully protested he would use the mediation of the Duke of Lerma and of the Kings Confessor and of that King if need were and that he would try the best friends he had for the procurement of his enlargement wherein you may desire him to deal effectually for that there is great expectance that he should proceed honorably and really therein I my self likewise will use all the means I can for his relief for it is a thing which is very much desired here and would give a great deal of satisfaction As touching Osulivare it is very fit that you let them know that the report of the honor they did him hath come unto his Majesties ears and that although they will alleage that in the time of Hostility betwixt England and Spain it may be he did them many services and may then have deserved well at their hands for which they have just cause to reward him Yet since by his Majesties happy coming to these Crowns those differences have had an end and that there is a perfect League and Amity betwixt them his Majesty cannot chuse but dislike that they should bestow upon him any title or dignity which onely or properly belongeth unto him towards his own Subjects that therefore he would be glad that they would forbear to confer any such titulary Honors upon any of his Subjects without his Privity This you shall do well to insist upon so that they may understand that his Majesty is very sensible that they should endeavor to make the Irish have any kinde of dependence on that State Queen Anne died this year at Hampton Court and was thence brought to her Palace at denmark-Denmark-house in the Strand The common people who were great Admirers of Princes were of opinion that the Blazing-Star rather be-tokened the Death of that Queen then that Cruel and Bloody War which shortly after hapned in Bohemia and others parts of Germany IN the beginning of the year One thousand six hundred and nâ—neteen the Emperor Matthias died but immediately before his death to engage Persons of Honor in the Service of the Empire he instituted Knights of several Orders for the defence of the Catholick Religion who were bound by Oath to be faithful to the Apostolick Sea and to acknowledge the Pope their cheif Protector The Count Palatine of Rhine who in the interregnum is cheif Vicar of the Empire published his right by the Golden Bull to govern in cheif till a new Emperor be chosen and by Advice assumed the Power requiring the people to demean themselves peaceably under his Government King Ferdinand in his broken Estate propounded a Cessation of Arms and offered fair terms of peace but was not answered for the breach would not be made up The Bohemians declared that their Kingdom was Elective not Hereditary that the States-General ought to have the free Election of their King who always ought to be one of the Royal House of Bohemia That Ferdinand took the Government upon him by vertue of his Coronation in the Emperors life time and had thereby made the Kingdom a Donative The Evangelicks in the Upper Austria demanded equal Priviledges with the Catholicks and resolved to make union with the Bohemians The Protestant States of Moravia Silesia and Hungaria banish the Jesuites The Bohemians prospered in these beginnings but the Austrian party received vigor by supplies out of Hungary and Flanders and were able to stand their ground and the Emperor capitulated with the Duke of Bavaria to levy forces to his use for the expence of which service he engaged part of his Country to him The War grows to a great height and the King of England interposed in these differences and sent the Viscount Doncaster Extraordinary Ambassador to mediate a Reconciliation His constant love of Peace and his present fear of the sad issue of these Commotions and the request of the King of Spain moved him to take this part in hand It was the Spaniards policy to make him a Reconciler and by that means to place him in a state of Neutrality and so frustrate the hopes of that support which the Princes of the Union might expect from him by the Interest of the Count Palatine For which cause the King of Spain speaks out large promises That he should be the sole and grand Arbiter of this Cause of Christendom Nevertheless his Mediation was slighted by the Catholick Confederates and his Ambassador shufled out of the business And at the same time Mr. Cottington being very sensible of their unworthy dealings in the Court of Spain professed That his most useful service and best complying with his own Conscience would be to disengage the King his Master The Archbishop of Ments the Representers of the Duke of Saxony and the other Electors Brandenburgh Cullen and Tryers met at Franckford to chuse the Emperor Upon the Eighth day of August Ferdinand was chosen King of the Romans and upon the Nineteenth of September had the Imperial Crown set upon his Head Ambassadors from the Elector Palatine came to oppose Ferdinand but were denied entrance at Franckford The Bohemians disclaimed the said Election and being assembled for that purpose with the consent of their Confederates elected for their King Count Frederick Palatine of Rhine At that time Bethlem Gabor Prince of Transylvania made known to the Directors Evangelick his great sense of their condition since those troubles began desired union with them and offered to come in with an Army hoping for the Great Turks consent to peace during the time of that Service The Directors return their thanks accept the offer and Prince Bethlem immediately entred Hungary to the Emperors great vexation danger and detriment marching with an Army even to the Walls of Vienna The Count Palatine Elected King of Bohemia craved advice to his Father in Law the King of Great Brittain touching the acceptation of that Royal Dignity When this important business was debated in the Kings Council Archbishop Abbot whose infirmities would not suffer him to be present at the Consultation wrote his minde and heart to Sir Robert Nanton the Kings Secretary That God had set up this Prince his Majesties Son in Law as a Mark of Honor throughout all Christendom to propagate the Gospel and to protect the oppressed That for his own part he
all Ages who shine in vertue and are firm for our Religion but the contrary Faction I like not I remember a character I have seen in a Diary of E. 6. that young Prince of famous memory where he doth expresse the condition of the Bishops of that time under his own hand writing That some for sloath some for age some for ignorance some for luxury and some for Popery were unfit for Discipline and Government We see there are some among our Bishops who are not Orthodox nor sound in Religion as they should be witness the two Bishops complained of the last meeting of the Parliament I apprehend such a feare that should we be in their power we may be in danger to have our Religion overthrown some of these are Masters of Ceremonies and they labour to introduce new Ceremonies into the Church Yet some Ceremonies are useful give me leave to joyn that I hold it necessary and commendable that at the repetition of the Creed we should stand up to testifie the resolution of our hearts that we will defend the Religion which we profess and in some Churches it is added they did not only stand upright with their bodies but with their Swords drawn Let us go to the ground of our Religion and lay down a Rule on which all others may rest then when that is done it will be time to take into consideration the breakers and offendors of that Rule Hereupon after some Debate the Commons entered into this Vow The Vow of the House of Commons in Parliament WEE the Commons in Parliament Assembled do Claim Protest and Avow for truth the sence of the Articles of Religion which were established by Parliament in the thirteenth year of our late Queen Elizabeth which by the publique Act of the Church of England and by the generall and currant Expositions of the Writers of our Church have been delivered unto us And we reject the sence of the Jesuites and Arminians and all others wherein they differ from us Friday the thirtieth of January 1628. Both Houses joyn in Petitioning the King for a Fast. MOst Gracious Soveraign It is the very earnest desire of us your most dutiful Subjects the Lords Spiritual and Temporal and Commons in this Parliament Assembled that this meeting may be abundantly blessed with all happy successe in the great affairs of Church and State upon which we are to consult and that by a cleare understanding both of your Majesties goodness unto us and of our ever faithfull and Loyal hearts to your Majesties Royal Person and service all jealousies and distractions which are apparent signs of Gods displeasure and of ensuing mischief being removed there may this Session and for ever be a perfect and most happy union and agreement between your Majesty and all the Estates of this Realm But acknowledging that neither this nor any other blessing can be expected without the especiall favour of Almighty God upon the observation of the continued increasing miseries of the Reformed Churches abroad whose cases with bleeding hearts we compassionate as likewise of those punishments already inflicted And which are like in great measure to fall upon our selves we have just cause to conceive that the Divine Majesty is for our sins exceedingly offended against us wherefore we do in these and all other pious respects most Dread Soveraign humbly beseech your most excellent Majesty by your Royal consent and Commandment that not only our selves but all people of your Kingdom may be speedily enjoyned upon some certain day by your Majesty to be prefixed by publique Fasting and Prayer to seek reconciliation at the merciful hands of Almighty God So that the prayers of the whole Kingdom joyned with your Majesties most Princely care and the faithful hearts and endeavours of this great Councel assembled may procure honour to Almighty God in the preservation of his true Religion much honour to your Majesty prosperity to your people and comfort to your Majesties Friends and Allies The Kings Answer to the Petition MY Lords and Gentlemen The chief Motive of your Petition being the deplorable Condition of the Reformed Churches abroad is too true And our duty is so much as in us lieth to give them all possible help But certainly fighting will doe them more good then fasting though I doe not wholly disallow of the latter yet I must tell you that the custome of fasting every Session is but lately begun and I confesse I am not fully satisfied with the necessity of it at this time Yet to shew you how smoothly I desire your businesse to go on eschewing as much as I can Questions or jealousies I doe willingly grant your request herein but with this Note That this shall not hereafter be brought into president for frequent Fasts except upon great occasions And for form and time I will advise with my Lords the Bishops and then send you a particular Answer Soon after the House of Commons presented a Declaration to the King touching their resolutions to give precedency to Religion MOst Gracious Sovereign We have within these three dayes received from your Majesty a Message putting us in minde of our present entring upon the consideration of a Grant of Tunnage and Poundage but the manner of possessing the House therewith being disagreeable to our Orders and Priviledges that we could not proceed therein And finding our selves in your Majesties name pressed in that businesse and that we should give precedency thereunto we cannot but expresse some sence of sorrow fearing that the most hearty and forward affections wherewith we desire to serve your Majesty are not clearly represented unto you besides such is the solicitous care we have in preserving our selves in your Majesties most gracious and good opinion that it cannot but breed much trouble in us when ever we find our selves as now we are enforced to spend that time in making our humble Apologies from whence doe usually arise long Debates which we conceive might very profitably be applyed in the greater Services of your Majesty and the Common-wealth which we did with all humble diligence apply our selves unto and finding the extream dangers wherewith our Religion is threatned clearly presenting it unto our thoughts and considerations We thought and we think we cannot without impiety to God disloyalty to your Majesty and unthankfulnesse to those from whom we are put in trust retard our proceedings until something be done to secure us in this maine point which we prefer above our lives and all earthly things whatsoever And here we do with all humble thankfulnesse acknowledge your Majesties most pious care and Princely Intentions to suppresse both Popery and Arminianism the Professor of the one being an open enemy 〈◊〉 the maintainer of the other a subtil and more dangerous underminer of the Religion of Almighty God established within your Realmes and Dominions The truth of which our whole Religion or any part thereof as being sufficiently known and received generally here
not all but it is extended to some others who I fear in guilt of Conscience of their own desert do joyn their power with that Bishop and the rest to draw his Majesty into a jealousie of the Parliament amongst them I shall not fear to name the great Lord Treasurer in whose person I fear is contracted all that which we suffer If we look into Religion or Policy I find him building upon the ground laid by the Duke of Buckingham his great Master from him I fear came those ill Counsels which contracted that unhappy conclusion of the last session of Parliament I find that not only in the affections of his heart but also in relation to him and I doubt not to fix it indubitably upon him and so from the power and greatness of him comes the danger of our Religion For Policy in that great Question of Tunnage and Poundage the interest which is pretended to be the Kings is but the interest of that person to undermine the Policy of this Government and thereby to weaken the Kingdom while he invites strangers to come in to drive out Trade or at least our Merchants to trade in strangers bottoms which is as dangerous Therefore it is fit to be declared by us that all that we suffer is the effect of new counsels to the ruine of the Government of the State and to make a protestation against all those men whether greater or subordinate that they shall all be declared as Capital Enemies to the King and Kingdom that will perswade the King to take Tunnage and Poundage without grant of Parliament and that if any Merchants shall willingly pay those Duties without consent of Parliament they shall be declared as Accessaries to the rest Which Words of the said Sir Iohn Elliot were by him uttered as aforesaid falsly and malitiously and seditiously out of the wickedness of his own affections towards your Majesty and your gratious and religious Government and by the Confederacie Agreement and Privity of the â—aid other Confederates and to lay a slander and scandal thereupon and not with a purpose or in way to rectifie any thing which he conceiâ—ed to be amiss but to traduce and blast those persons against whom he â—ad conceived malice for so himself the same day in that house said and laid down as a ground for that he intended to say That no man was ever blasted in that house but a curse fell upon him And further so it is may it please your most excellent Majesty That when the said Sir Iohn Elliot had thus vented that malice and wickedness which lay in his heart and as appeareth by his own words were expressed in the said paper which was prepared as aforesaid the said Walter Longe out of his inveterate malice to your Majesty and to your Affairs and by the confederacy aforesaid then and there said That man who shall give away my Liberty and Inheritance I speak of the Merchants I note them for Capital Enemies to the Kingdome And lest the hearers should forget these wicked desperate Positions laid down as aforesaid and to the end the same might have the deeper impression and be the more divulged abroad to the prejudice of your Majesty and of your great Affairs and to the scandal of your Government the said Denzil Holles collected into several heads what the said Sir Iohn Elliot had before delivered out of that paper and then said Whosoever shall counsel the taking up of Tunnage and Poundage without an Act of Parliament let him be accompted a capital Enemy to the King and Kingdom And further What Merchant soever shall pay Tunnage and Poundage without an Act of Parliament let him be counted a Betrayer of the Liberty of the Subjects and a Capital Enemy of the King and Kingdom Which Positions thus laid the said Denzil Holles neither being Speaker nor sitting in the Chair as in a Committee by direction of the House but in an irregular way and contrary to all course of orderly proceedings in Parliament offered to put these things so delivered by him as aforesaid to the Question and drew from his confederates aforesaid an applause and assent as if these things had been voted by the house And further so it is may it please your most excellent Majesty That the disobedience of the said Confederates was then grown to that height that when Edward Grimston the Serjeant at Arms then attending the Speaker of that house was sent for by your Majestie personally to attend your Highness and the same was made known in the said house the said Confederates notwithstanding at that time forcibly and unlawfully kept the said Edward Grimston locked up in the said house and would not suffer him to go out of the house to attend your Majesty and when also on the same day Iames Maxwel Esquire the Gentleman-Usher of the Black Rod was sent from your Majesty to the said Commons house with a message immediately from your Majesties own person they the said Confederates utterly refused to open the door of the house and to admit the said Iames Maxwel to go to deliver his message After all which the said house was then adjourned until the said tenth day of March then following and on the said tenth day of March the said Parliament was dissolved and ended In consideration of all which premises And for as much as the contempt and disobedience of the said Sir John Ellyot and other the confederates aforesaid were so great and so many and unwarranted by the priviledge and due proceeding of Parliament and were committed with so high a hand and are of so ill example and so dangerous consequence and remain all unpardoned Therefore they pray'd a process against them to answer their contempts in the high Court of Star-Chamber Memorandum That the 29. of May Anno quinto Car. Reg. these words viz. After all which the said House was then adjourned until the said tenth day of March and on the said tenth day of March the said Parliament was dissolved and ended were added and inserted by order of the Court immediately before In tender consideration c. At the same time Sir Robert Heath the Kings Atturny General preferr'd an Information in the Star-Chamber against Richard Chambers of the City of London Merchant wherein first he did set forth the gracious Government of the King and the great Priviledges which the Merchants have in their Trading by paying moderate duties for the goods and merchandises exported and imported and setting forth that the raising and publishing of undutiful and false speeches which may tend to the dishonour of the King or the State or to the discouragement or discontentment of the subject or to set discord or variance between his Majesty and his good People are offences of dangerous consequence and by the Law prohibited and condemned under several penalties and punishments That nevertheless the said Richard Chambers the 28. day of September last being amongst some other merchants
the liberties and priviledges of Parliament shall onely be discussed there and not in other Courts nor by the Common nor Civill-Law see this case more at large in Selden's Notes upon Fortescue f. 42. 11 R. 2. Roll of the Processe and Iudgment An appeal of treason was exhibited against the Arch-bishop of Canterbury and others and there the advice of the Sages of the one Law and the other being required but because the appeal concerned persons which are Peers of the Realm which are not tryed else-where then in Parliament and not in an inferiour Court 28 H. 6. numb 18. There being a question in Parliament concerning Precedency between the Earl of Arundell and the Earl of Devon the opinion of the Iudges being demanded they answered That this question ought to be determined by the Parliament and by no other 31 H. 6. numb 25 26. During the prorogation of the Parliament Thorp that was the Speaker was out in Execution at the Suit of the Duke of York and upon the re-assembly of the Parliament the Commons made Suit to the King and Lords to have their Speaker delivered Upon this the Lords demand the opinion of the Iudges who answer That they ought not to determine the priviledges of the High Court of Parliament 4 ly This accusation in Parliament is in legall course of justice and therefore the accuser shall never be impeached 13 H. 7. and 11 Eliz. Dy. 285. Forging of false deeds brought against a Peer of the Realm Action de scandalis Magnatum doth not lie C. 4.14 Cutler and Dixy's case where divers cases are likewise put to this purpose 35 H. 6.15 If upon the view of the body the slayer cannot be found the Coronâ—r ought to enquire Who first found the dead body and if the first finder accuse another of the murder that is afterward acquit he shall not have an action upon the case for it was done in legall manner So it is the duty of the Commons to enquire of the grievances of the Subjects and the causes thereof and doing it in a legall manner 1â— H. 6.19 8 H. 4.6 in conspiracy it is a good plea that he was one of the Indictors And 20 H. 6.5 that he was a grand-Iury-man and informed his companions And 21 E. 4.6 7. and 35 H. 6.14 that he was a Iustice of Peace and informed the Iury 27 ass p. 12. is to the same purpose And if a Iustice of Peace the first finder a Iuror or Indictor shall not be punished in such cases à fortiori a Member of the House of Commons shall not who as 1 H. 7.4 is a Iudge 27 ass p. 44. may be objected where two were indicted of conspiracy because they maintained one another but the reason of the said case was because Maintenance is matter forbidden by the Law but Parliamentary accusation which is our matter is not forbidden by any Law C. 9.56 there was conspiracy in procuring others to be indicted And it is true for there it was not his duty to prefer such accusation 2 The accusation was extra-judicial and out of Court but it was not so in our case 3 Words spoken in Parliament which is a superiour Court cannot he questioned in this Court which is inferior 3 E. 3.19 and Stamford 153. will be objected where the Bishop of Winchester was arraigned in this Court because he departed the Parliament without license there is but the opinion of Scroop and the case was entred P. 3. E. 3.19 And it is to be observed that the plea of the Bishop there was never over-ruled From this I gather that Scroop was not constant to his opinion which was suddain being in the same Term in which the plea was entred or if he were yet the other Iudges agreed not with him and also at last the Bishop was discharged by the Kings Writ From this I gather that the opinion of the Court was against the King as in Pl. 20. in Fogassas's case where the opinion of the Court was against the King the party was discharged by privy Seal 1 and 2 Phil. and Mar. hath been objected where an Information in this Court was preferred against Mr. Ployden and other Members of the House of Commons for departing from the House without license But in that case I observe these matters 1. That this information depended during all the life of the Queen and at last was sine die by the death of the Queen 2. In the said case no plea was made to the Iurisdiction of the Court as here it is 3. Some of them submitted themselves to the Fine because it was easie for it was but 53. 4 d. But this cannot be urged as a president because it never came injudgment and no opinion of the Court was delivered therein And it is no argument that because at that time they would not plead to the jurisdiction therefore we now cannot if we would 4 These offences were not done in the Parliament House but else-where by their absence of which the Country may take notice but not of our matters being done in Parliament And absence from Parliament is an offence against the Kings Summons to Parliament 20 R. 2. Parliament-Roll 12. Thomas Hacksey was indicted of high-treason in this Court for preferring a Petition in Parliament but 1 H. 4. num 90. he preferred a Petition to have this Iudgment voided and so it was although that the King had pardoned him before And 1 H. 4. numb 104. all the Commons made Petition to the same purpose because this tends to the destruction of their priviledges And this was likewise granted 4 H. 8. c. 8. Strood's case That all condemnations imposed upon one for preferring of any Bill speaking or reasoning in Parliament are void And this hath alwaies been conceived to be a generall Act because the prayers time words and persons are generall and the answer to it is generall for a generall act is alwaies answered with Le Roy voit and a particular Act with Soit droit fait al partyes And 33 H. 6.17.18 A generall Act is alwaies inrolled and so this is 2 ly For the second matter the contempt to the command of the Adjournment 18 Jac. it was questioned in Parliament Whether the King can adjourn the Parliament although it be without doubt that the King can prorogue it And the Iudges resolve that the King may adjourn the House by Commission and 27 Eliz. it was resolved accordingly But it is to be observed that none was then impeached for moving that question 2 It is to be observed that they resolve that the adjournment may be by Commission but not resolved that it may be by a verball command signified by another and it derogates not from the Kings prerogative that he cannot so do no more then in the case of 26 H. 8.8 that he cannot grant one acre of land by parol The King himself may adjourn the House in person or under the great Seal but not by verball message
Moneys disbursed for the War delivered to the Commons p. 236. The Commons present a Remonstrance to the King p. 247. And send a Message to the Duke p. 251. Afterwards prefer an Impeachment against him p. 307. Managed at a Conference by Eight Members p. 306 307 308 c. Their Message to secure the Duke p. 361. Discontented at the Commitment of Sir John Elliot p. 362. Their Protestation concerning him and Sir Dudley Diggs p. 364 365. A great contest in the House of Peers concerning the imprisonment of the Earl of Arundel p. 367 368 c. The Commons dissatisfied that the Duke is chosen Chancellor of Cambridge p. 376 377. The Lords Petition to the King to stay the dissolving of the Parliament p. 402. A Commission to dissolve the Parliament p. 403. The Commons Remonstrance p. 404 405 c. The Kings Declaration against the Commons Remonstrance Appendix p. 1. A Speech to the Parliament without doors p. 485. A Grand Committee setled p. 494. Debates in Parliament as to grievances p. 496. The Parliament Debates the business of the Habeas Corpus p. 502. Arguments about it p. 503 504 c. A Conference about the Petition of Right p. 533. Their petition about the Billeting of Soldiers p. 548. Archbishop Abbot his Speech concerning the Petition of Right p. 552. Propositions tendered by the Lords instead of the Petition of Right p. 553. The Commons dissatisfied with the Propositions p. 554. They meet the 20 of January p. 655. Make enquiry about the Petition of Right and the violation thereof ibid. A Report from the Committee concerning Religion p. 658. The Vow of the House of Commons p. 666. Several debates about Tonnage and Poundage ib. The King commands the Speaker not to put the Question p. 670. Debates thereupon ibid. The Speaker held in the Chair ib. The King sends the Usher of the Black-Rod and he is not admitted ibid. The King grants Warrants to apprehend several Members of Parliament p. 671. His Speech at the dissolution of the Parliament p. 672. Members of Parliament are examined before the Lords of the Council ibid. Questions propounded by the Iudges concerning the imprisoned Members ibid. Paul Sir George p. 244 Pembroke Earl p. 217 Pennington Captain p. 179 334 335 Petition of right p. 597 598 Perrot Sir James p. 55 Phillips Sir Robert p. 55 498 505 543 559 655 Plague increaseth in London p. 175 Number of them who died Anno 1625. Popes assent to the Match p. 66. His Letter to the Duke of Buckingham p. 80. His Dispensation comes clogged p. 84. Pope Urban to King James p. 93. To Prince Charls p. 98 Preachers directions concerning them p. 64 65. Proclamation against Preaching and Disputing p. 416 Privy-Seals p. 420 Projects for raising money App. 12 Proxies in the House of Peers p. 273 Puritans p. 22 a. 171. Described by Sir Jo. Lamb p. 424 425 Pym Mr. p. 55 339 531 568 604 Q. QUeen Anne dieth p. 10 R. RAwleigh Sir Walter his life sought by Gundomar p. 4. And is Sacrificed to satisfie Spain p. 9. A Letter concerning him ibid. Romish Recusants Immunities granted to them p. 14. The King sollicited for favor to them p. 36 37. A Petition and Remonstrance against them p. 40 41. The Kings Answer thereunto p. 46. The King shews further favor to them p. 52. Excused p. 53. Articles in favor of them p. 89. Pope Urbans Letter on behalf of the Romish Religion p. 95 98. They promote the Match with Spain p. 102 103 King James his Letter concerning a Petition against them p. 140. The Petition it self p. 141. The Kings Answer to the Petition p. 143. Recusants taken at Clerkenwell p. 478. A Conference against them p. 510. Debates in Parliament against them and Priests arraigned at Newgate p. 668. Petition of Right p. 597 598. Rhee Island p. 431 466. Several Passages there p. 467 468 469. Richardson Sir Thomas p. 23. Richâ—â—â— Sir Nathaniel p. 55 361 614 Rochel p. 178 411 430 467 594 595 647 648 Rolls Merchant p. 654 665 666 Rous Mr. p. 593. His Speech concerning Religion p. 657. Rudyard Sir Benjamin p. 497 557 629 S. SAckvile Sir Edward p. 15 16 31 Sectaries p. 22 a. Selden Mr. p. 55 314 528 536 569 615 631 640. Brought upon a Habeas Corpus p. 689 692. Seymor Sir Francis p. 495. Sherborne Mr. Sherland Master p. 345 346 c. Sheriffs Oath excepted against pag. 201. Ship Vantguard employed against Rochel p. 178. Ships to be set out by Port Towns pag. 419. Ships Arrears for Fraight pag. 470. Sibthorp Dr. complains against the Puritans p. 424. His Sermon concerning Loan p. 426. See 440 448. Smith Richard Bishop of Calcedon sent into England p. 158 159 645. Soveraign Power p. 50 a. 567 568 569 570 571 572 573 c. Spain vide Digby Speaker vide Crew Sir Thomas Finch Sir Hennage Finch Sir John Spinola p. 14 15. Stafford Captain p. 15. Star Blazing appears p. 8. Opinion thereupon ibid. Star-Chamber Informatiâ—â— against Members of Parliament p. 675. Order there concerning the Duke p. 638. Stroud Mr. brought upon a Habeas Corpus p. 675. Appendix p. 18. T. TErm adjourned to Reading p. 201. Turner Dr. A Physitian his Queries ibid. His explanation p. 222 226. V. VAlentine Mr. his Case Append 49 Vassal Mr. his Goods seised on about Custom p. 653. Proceeded against in Star-Chamber ibid. His Plea to the Information ibid. Votes for Reparation Appendix 56 57 Vere Sir Horatio p. 14 15 40. Villers Sir Edward p. 23. Undertakers ibid. W. WAlter Sir William pag. 223. Wandesford Mr. p. 356 546 615. Warwick Earl sent to secure Langor-point p. 199. Wentworth Sir Thomas p. 496 527 529 544 560 568. Weston Sir Richard p. 12 f. 23 56 66 129 219. Made Lord Treasurer p. 646. Williams Dr. Sworn Keeper of the Great Seal p. 36 39 52. Excuses the Kings favor to Recusants p. 61 62 63 151 164 176. Refuses to proceed against the Puritans p. 424. A Passage of the Information in Star-Chamber against him p. 425. Wilmot Captain p. 15 Wimbleton Viscount p. 198 Y. YElverton Sir Henry accused by the Commons pag. 31. His Speech thereupon ibid. At which King James is offended p. 32. His particular Answer in Serie Temporis ibidem King James again offended with him p. 33. His Sentence and Restauration p. 34. Z. ZUinga Don Balthazar pag. 38 59. FINIS A CATALOGUE of such BOOKS as are Printed for and sold by Mr. George Thomason at the Rose and Crown in St. Pauls Church-yard SAncti Johannis Chrysostomi opera Graecè octo voluminibus Etonae Folio Purchas his Pilgrimage or Relations of the World and the Religions observed in all ages and places discovered from the Creation unto this present containing a Theological and Geographical History of Asia Africa and America with the Islands adjacent c. By Samuel Purchas Folio Hakluytus Posthumus or Purchas his Pilgrimes containing a History of the World in Sea