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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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Navies in the charge of my Munition I made not choice of an old beaten Soldier for my Admiral but rather chose a Young man whose honesty and integrity I knew whose care hath been to appoint under him sufficient men to lessen my Charges which he hath done Touching the miserable dissentions in Christendom I was not the cause thereof For the appeasing whereof I sent my Lord of Doncaster whose journey cost me Three thousand five hundred pounds My Son in law sent to me for Advice but within three days after accepted of the Crown which I did never approve of for three Reasons First for Religion's sake as not holding with the Jesuites disposing of Kingdoms rather learning of our Saviour to uphold not to overthrow them Secondly I was not Iudge between them neither acquainted with the Laws of Bohemia Quis me Judicem fecit Thirdly I have treated a Peace and therefore will not be a Party Yet I left not to preserve my Childrens Patrimony For I had a Contribution of my Lords and Subjects which amounted to a great sum I borrowed of my Brother of Denmark Seven thousand five hundred pounds to help him and sent as much to him as made it up Ten thousand and Thirty thousand I sent to the Princes of the Union to hearten them I have lost no time Had the Princes of the Union done their parts that handful of men I sent had done theirs I intend to send by way of Perswasion which in this Age will little avail unless a strong hand assist Wherefore I purpose to provide an Army the next Summer and desire you to consider of my Necessities as you have done to my Predecessors Qui cito dat bis dat I will engage my Crown my Blood and my Soul in that Recovery You may be informed of me in things in course of Justice but I never sent to any of my Iudges to give sentence contrary to Law Consider the Trade for the making thereof better and shew me the reason why my Mint for these eight or nine years hath not gone I confess I have been liberal in my Grants but if I be informed I will amend all hurtful Grievances But who shall hasten after Grievances and desire to make himself popular he hath the spirit of Satan If I may know my Errors I will reform them I was in my first Parliament a Novice and in my last there was a kind of beasts called Undertakers a dozen of whom undertook to govern the last Parliament and they led me I shall thank you for your good office and desire that the World may say well of our agreement In this Parliament the Commons presented Sir Tho. Richardson for their Speaker The King minded his former engagements and in the beginning of the Parliament sends Sir Iohn Digby now made Lord Digby into Flanders to the Archduke Albertus to gain a present Cessation from War and to make way for a Treaty of Peace with the Emperor And also about the same time he sent Mr. George Gage to Rome to join with Padre Maestre the Spanish Agent in negotiating the Popes Dispensation The Archduke at Bruxels assented to a Reconciliation in favor of our King and obtained from Marquis Spinola a suspension of all hostility against the Country and Subjects of the Elector Palatine which continued till the death of Archduke Albert who died 17º Iulii following So the Lord Digby returned into England bringing the Cessation of Arms about the same time that Sir Edward Villers brought the Palsgrave's Submission But the Twelve years Peace between Spain and the United Provinces at this time expiring Spinola returned into Flanders and left the Palatinate to the Imperial Forces After the Assembly at Segenburgh the Palatine and his Princess took their journey into Holland where they found a refuge and noble entertainment with the Prince of Orange who gave a high testimony of honor to the Electress at her first arrival for her magnanimous carriage in Bohemia The Ambassage of Weston and Conway prevailed little The Emperor went on in a severe Reformation and frequent Executions among that vanquished people He destroyed most of their antient Laws and made new Ordinances declaring a soveraignty over them not as an Elected King but as a Lord by right of Conquest More Princes of the Union reconcile themselves to the Emperor The Imperial Protestant Towns Strasburgh Worms and Nuremburgh subscribe to Conditions of Peace The reconciled Princes and States intercede for the Elector Palatine but their motion displeased the Emperor who alleadged that the Palatine did not acknowledge his faults nor sue for Pardon but made Levies in Holland and elswhere to renew the War in the Empire For the King of Denmark the United Provinces and divers German Princes did adhere to the Palsgrave's cause and stickle for him But the Princes Confederates being already scattered and the heart of the Union broken Those counsels and enterprises of War on his behalf in stead of repressing the progress of the Austrian party did minister occasion of their more absolute and plenary Conquest But to return to the Parliament in England They petition the King for the due execution of Laws against Jesuites Seminary Priests and Popish Recusants Likewise they take in hand to redress the Peoples Grievances by illegal Patents and Projects and chiefly that of Inns and Alehouses for which there was a great Fine and an Annual Revenue throughout the Kingdom and the Monopoly of Gold and Silver-thread whereby the People were abused with base and counterfeit Wares But the examination of these Abuses was accompanied with the grant of Two Subsidies which was very acceptable to the King Sir Giles Mompesson was convented before the House of Commons for many heinous offences and misdemeanors in this kind to the intolerable grievance of the Subject the great dishonor of the King and the scandal of his Government This Delinquent was committed to prison but he escaped thence and got beyond sea and was pursued by the Kings Proclamation The Commons at a Conference with the Lords offered to prove That the Patents of Gold and Silver-Thread of Inns and Alehouses and of power to Compound for obsolete Laws of the Price of Horse-meat Starch Cords Tobacco-pipes Salt Train-oil and the rest were all illegal Howbeit they touch'd not the tender point of Prerogative but in restoring the Subjects liberty were careful to preserve the Kings honor The Lords resolved to admit no other business till this were ended Hereupon the King came to the House of Lords and there made a Speech MY Lords The last time I came hither my errand was to inform you as well as my memory could serve me of things so long past of the verity of my proceedings and the caution used by me in passing those Letters-Patents which are now in question before you to the effect that they might not be abused in the execution And this I did by way of
to have written them if the reading of them stir but the least spark of the Catholick faith in the heart of so great a Prince whom we wish to be filled with long continuance of joy and flourishing in the glory of all Vertues Given at Rome in the Palace of S. Peter the 20. of April 1623. in the Third year of our Popedom Gregorius P. P. XV. Duci Buckinghamiae NObilis Vir Salutem lumen Divinae gratiae Authoritas qua Nobilitatem tuam in Britanna Regia florere accepimus non modo meritorum praemium sed virtutis patrocinium habetur Egregium plane decus atque adeo dignum cui populi illi addi cupiant diuturnitatem Verum vix dici potest quantus ei cumulus gloriae in orbe terrarum accederet si Deo favente foret Catholicae religionis praesidium facultatem certe nancisceris qua te eorum Principum conciliis inserere potes qui nominis immortalitatem adepti ad coelestia regna pervenerunt Hanc tibi à Deo tributam à Pontifice Romano commendatam occasionem ne elabi patiare Nobilis vir Non te praeterit regalium consiliorum conscium quo in loco Britanna res hac aetate sit quibusque Spiritus sancti loquentis vocibus Principum tuorum aures quotidie personent Quae gloria esset nominis si te hortatore ac suasore Anglicani Reges coelestem illius gloriae haereditatem recuperarent quam Majores eorum amplissimam in iis regnis reliquerunt divini cultus incrementa curando Pontificiae authoritatis ditione non solum tuenda sed etiam propaganda Multi fuerunt atque erunt in posterum quos benevolentia Regum perituris divitiis locupletavit invidiosis titulis auxit atque ut id Nobilitas tua consequatur non ideo sempiternis laudibus nomen tuum memor posteritas colet at enim si consilia tua potentissimos Reges populosque ad Ecclesiae gremium reducerent scriberetur nomen tuum in libro viventium quos non tangit tormentum mortis ac te Historiarum Monumenta in eos sapientes referrent in quorum splendore Reges ambulaverunt Quibus autem te praesentis vitae solatiis futurae praemiis remunetaretur Deus ille qui dives est in mise●icordia omnes facile provident quibus nota est ars vis qua Regnum Coelorum expugnatur Tantae te saelicitatis compotem fieri ut cupiamus efficit non solum Pontificia Charitas ad cujus curas totius humani generis salus pertinet sed etiam genetricis tuae pietas quae cum te mundo peperie Romanae etiam ecclesiae quam ipsa matrem suam agnovit iterum parere cupit Proin cum in Hispanias profectionem paret dilectus Filius religiosus vir Didacus de la Fuente qui gravissima principum tuorum negotia in urbe fapienter Administravit ei mandavimus ut Nobilitatem tuam adeat atque has Apostolicas literas deferat quibus Pontificiae Charitatis magnitudo salutis tuae cupido declaretur Cum ergo audire poteris sententiae nostrae interpretem atque iis virtutibus instructum quae exterarum Nationum amorem Catholico etiam Religioso Sacerdoti conci●lare potuerunt Ille quidem ea do te in hac orbis Patria praedicavit ut dignus sit quem singulari affectu complectaris Authoritate tua Munias Britannorum Regum populorumque saluti gloriae inservientem nos quidem Patrem Misericordiarum Orabimus ut Nobilitati tuae coelestis Regni fores patefaciat frequentia praebeat Clementiae suae documenta Datum Romae apud sanctam Mariam Majorem sub Annulo Piscatoris die 19 Maii. 1623 Pontificatus nostri Tertio Pope Gregory to the D. of Buckingham RIght honorable we wish you health and the light of Gods grace The authority which we understand you have in the Court of England is accounted not only the reward of merit but the patronage of vertue A remarkable honor indeed and of such worth that the people there ought to pray for its continuance But it can scarce be exprest what an access of glory it would receive in the world if by the grace of God it should become the safeguard of the Catholick Religion You have the means to ingraft your self into the assembly of those Princes who having obtained an immortal name have purchased the heavenly inheritance Suffer not Hononorable sir this ocasion to slip out of your hands afforded you by God and recommended to you by the Pope of Rome You are not ignorant as intimate in the Kings counsels in what condition the affairs of England are in this our Age and with what voices of the Holy Ghost speaking the ears of your Princes daily tingle How greatly would you be renown'd if by your perswasion and admonition the King of England should obtain the heavenly inheritance of that glory which their Ancestors left them most ample in those kingdoms by taking care of the increase of Gods worship and not only defending but propagating the dominions of the Pope's authority There have been and will be many hereafter whom the favor of Kings hath much enriched with wealth that fadeth away and honored with envious titles And if your Honor attain this Posterity will therefore adore your memory with everlasting praises But if your advice should reduce Potent Kings and Nations to the Lap of the Church your name would be written in the Book of the Living whom the pangs of death assault not and the Records of Historians would number you among those Sages in whose light and conduct Kings have walked And with what comfort of the present life and reward of the future that God who is rich in mercy would recompence you they easily foresee who are acquainted with the skill and violence by which the Kingdom of Heaven is conquered That we wish you to be partaker of so great happiness not onely our Papal Charity moves us to whose care the salvation of mankinde belongeth but also the Piety of your Mother who having brought you forth to the World desires to bring you forth again to the Church of Rome whom she acknowledges for her Mother Therefore Didacus de la Fuente our beloved Son a Fryer who hath prudently managed the most important affairs of your Princes here in Rome being to go to Spain we have commanded him to wait upon your Honor and to deliver you those Apostolical Letters to evidence the greatness of our Papal Charity and our desire of your salvation You may be pleased to hearken to him as the interpreter of our minde and one adorned with those vertues which have been able to purchase the love of Foreign Nations to a Catholick and a Regular Priest Truly he hath spoken such things of you in this Country of the World that he is worthy whom you should cherish with a singular affection and protect with your Authority as one studious of the glory and safety of the
as no Ceremony or other thing intervene which shall be contrary to the Roman Catholick Apostolick Religion III. That the most Gratious Infanta shall take with her such Servants and Family as are convenient for her service which Family and all persons to her belonging shall be chosen and nominated by the Catholick King So as he nominate no Servant which is Vassal to the King of Great Britain without his will and consent IV. That as well the most Gratious Infanta as all her Servants and Family shall have free use and publick Exercise of the Roman Catholick Religion in manner and form as is beneath capitulated V. That she shall have an Oratory and Decent Chappel in her Palace where at the pleasure of the most Gratious Infanta Masses may be celebrated and in like manner she shall have in London or wheresoever she shall make her abode a Publick and Capacious Church near her Palace wherein all Duties may be solemnly celebrated and all other things necessary for the Publick Preaching of Gods Word the Celebration and Administration of all the Sacraments of the Catholick Roman Church and for burial of the Dead and Baptizing of Children That the said Oratory Chappel and Church shall be adorned with such decency as shall seem convenient to the most Gratious Infanta VI. That the Men-servants and Maid-servants of the most Gratious Infanta and their Servants Children and Descendents and all their Families of what sort soever serving her Highness may be freely and publickly Catholicks VII That the most Gratious Infanta her Servants and Family may live as Catholicks in form following That the most Gratious Infanta shall have in her Palace her Oratory and Chappel so spatious that her said Servants and Family may enter and stay therein in which there shall be an ordinary and publick door for them and another inward door by which the Infanta may have a passage into the said Chappel where she and other as abovesaid may be present at Divine Offices VIII That the Chappel Church and Oratory may be beautified with decent Ornaments of Altars and other things necessary for Divine Service which is to be celebrated in them according to the custom of the Holy Roman Church and that it shall be lawful for the said Servants and others to go to the said Chappel and Church at all hours as to them shall seem expedient X. That the care and custody of the said Chappel and Church shall be committed to such as the Lady Infanta shall appoint to whom it shall be lawful to appoint Keepers that no body may enter into them to do any undecent thing XI That to the Administration of the Sacraments and to serve in Chappel and Church aforesaid there shall be Four and twenty Priests and Assistants who shall serve weekly or monethly as to the Infanta shall seem fit and the Election of them shall belong to the Lady Infanta and the Catholick King Provided That they be none of the Vassals of the King of Great Britain and if they be his will and consent is to be first obtained XII That there be one Superior Minister or Bishop with necessary Authority upon all occasions which shall happen belonging to Religion and for want of a Bishop that his Vicar may have his Authority and Jurisdiction XIII That this Bishop or Superior Minister may Correct and Chastise all Roman Catholicks who shall offend and shall exercise upon them all Jurisdiction Ecclesiastical And moreover also the Lady Infanta shall have power to put them out of her service whensoever it shall seem expedient to her XIV That it may be lawful for the Lady Infanta and her Servants to procure from Rome Dispensations Indulgences Jubilees and all Graces as shall seem fit to their Religion and Consciences and to get and make use of any manner of Catholick Books whatsoever XV. That the Servants and Family of the Lady Infanta who shall come into England shall take the Oath of Allegiance to the King of Great Britain Provided That there be no clause therein which shall be contrary to their Consciences and the Roman Catholick Religion and if they happen to be Vassals to the King of Great Britain they shall take the same Oath that the Spaniards do XVI That the Laws which are or shall be in England against Religion shall not take hold of the said Servants and onely the foresaid Superior Ecclesiastical Catholick may proceed against Ecclesiastical persons as hath been accustomed by Catholicks And if any Secular Judge shall apprehend any Ecclesiastical person for any offence he shall forthwith cause him to be delivered to the aforesaid Superior Ecclesiastick who shall proceed against him according to the Canon Law XVII That the Laws made against Catholicks in England or in any other Kingdom of the King of Great Britain shall not extend to the Children of this Marriage and though they be Catholicks they shall not lose the right of Succession to the Kingdom and Dominions of Great Britain XVIII That the Nurses which shall give suck to the Children of the Lady Infanta whither they be of the Kingdom of Great Britain or of any other Nation whatsoever shall be chosen by the Lady Infanta as she pleaseth and shall be accounted of her Family and enjoy the priviledges thereof XIX That the Bishop Ecclesiastical and Religious persons of the Family of the Lady Infanta shall wear the Vestment and Habit of their Dignity Profession and Religion after the Custom of Rome XX. For security that the said Matrimony be not dissolved for any cause whatsoever The King and Prince are equally to pass the Word and Honor of a King and moreover that they will perform whatsoever shall be propounded by the Catholick King for further confirmation if it may be done decently and fitly XXI That the Sons and Daughters which shall be born of this Marriage shall be brought up in the company of the most Excellent Infanta at the least until the age of Ten years and shall freely enjoy the right of Successions to the Kingdoms as aforesaid XXII That whensoever any place of either Man-servant or Maid-servant which the Lady Infanta shall bring with her nominated by the Catholick King her Brother shall happen to be void whether by death or by other cause or accident all the said Servants of her Family are to be supplied by the Catholick King as aforesaid XXIII For security that whatsoever is capitulated may be fulfilled The King of Great Britain and Prince Charls are to be bound by Oath and all the Kings Council shall confirm the said Treaty under their hands Moreover the said King and Prince are to give their Faiths in the Word of a King to endeavor if possible That whatsoever is capitulated may be established by Parliament XXIV That conformable to this Treaty all these things proposed are to be allowed and approved of by the Pope t●at he may give an Apostolical Benediction and a Dispensation necessary to effect the Marriage The Oath taken
could not be done This the Prince affirmed to be acted in his presence But the Earl of Bristol made a more benign construction thereof the Duke a right-down conclusion That this people never intended either Match or Restitution and so wished his Highness fairly at home again However the Messenger was dispatched to Rome Four or five days after his Highness was placed to see his Mistress in her passage through the streets as she made her visits from Church to Church But pressing for access he was delayed but at last obtained a visit But a very strange one He was not suffered to speak unto her but as they had set it down in words and syllables in writing saying They were no Astrologers and could not foresee the event of this Marriage and therefore they resolved to admit him as a Prince onely and not as a Suitor But the Conde salved this up with a Complement That if the Dispensation were once returned he should lie with her even that very night nay have her he should upon any terms If he could not be qualified to enjoy her as a Wife yet he should have her as a Mistress Soon after riding in a Coach it was urged by the Conde That the Infanta was of a tender Conscience and if she should come into England and finde the Prince an enemy to her Religion it would quite dishearten her His Highness consented to hear her upon this subject because he was as like to convert her as she was to pervert him A Conference with Divines was pressed upon his Highness which he refused and said If after Disputation with them they should not prevail against a yong man they would remain much disgusted and ill-affected to the whole Negotiation This kinde of importunity was still used toward the Prince till the return of the Dispensation Six weeks after the Princes arival came the Dispensation but his Highness understood from Rome by Mr. Gage that the Dispensation was returned much clogged in Matter and Manner especially with the annexed new Condition The King of Spain before the receiving of the Dispensation was to take an Oath to see all the Articles performed whereupon Faculty was issued really performed or else to make War in case of any failer upon the King of England His Highness signified his Resolution unto them that he neither could nor would adde or alter any thing of the first Articles sent to England A Iuncto of Divines are appointed to meet and consider whether the King might safely take the Oath By this time the Prince had gone through all the Articles sitting in person with the Committee onely leaving three undiscussed That of the Church that of the Nurse and that of the Education of the Children which his Highness reserved till he should speak with the King Then said the Conde Now the business is in a better way then ever it was a Match and without more ado she was his Wife But the next day came Gondomar and spake unto the Prince of the same Match as of a new thing and told him plainly That unless his Highness came to all the Conditions of the Dispensation as they were sent from Rome clearly and entirely nothing would be done for they had no power to remove or alter a word of false Latine Whereupon his Highness was justly distasted and offered to break Then they pressed the Prince that he would be pleased to stay twenty days until the King of Spain might receive an Answer from England The Prince resolved to stay upon condition that Sir Francis Cottington might be dispatched away within two days and some Messenger that might overtake him with the Articles that should be sent after as soon as ever they could be made ready But the two days of their hammering spun out to twenty at the end thereof they brought them with new Additions The Articles being at last sent to England the Iuncto of Divines delivered their opinions that the Infanta could not be sent over before the Spring at which his Highness was offended but the Conde prevailed with him to stay until their Ambassadors should certifie out of England that the Articles were assented unto by King Iames and put in execution and then the Lady should go with the Prince The Bishop of Segovia was pleased to say to the Duke That he had heard something of the State of our Kingdom and had received it from good hands That our King could not make a Toleration without a Rebellion and easily believed it because the King of Spain is not able in his Dominions to effect the like enterprise without incurring the like danger therefore he concluded it was unsafe to send the Lady thither at this time because we having granted as much in effect as a Toleration it was very probable she should be welcomed with a rising and rebellion To which the Duke replied That if the favors which the King his Master had exhibited to his Catholicks at the Mediation of that King and the Advice of that very Committee of which that Bishop was one be of so dangerous a consequence it seems their Lordships who gave the Advice for that Article though they pretended Religion intended plain and open Rebellion But you must know quoth the Duke if his Highness had been of my Lord Bishops opinion That these Conferences had amounted to a Toleration he had never accepted of these Articles to have gained any allowance For what was agreed unto was but a Temporary Suspension of Penal Laws but no Toleration for that could not be done but by consent of Parliament Then Gondomar hereupon said That for his part he did not hold it fit to send the Infanta thither before the Articles be perfectly put in execution And Gondomar privately infused to the Prince his Highness being incensed against the Duke That the Duke was in heart as he said all his Kinred were a Roman Catholick and he said to a Jesuite of great account and zeal in those parts That the Duke was a most obstinate perverse and refractory Puritan About this time it was reported that the Prince intended to steal away whereupon they laid in wait to intercept him Hereupon the Duke was sent to tell them That although they had stoln thither out of love they would never steal thence out of fear About this time the Prince sent a Message to his Father That if he should receive any Advertisement that he was detained by that State as a Prisoner he would be pleased for his sake never to think upon him any longer as a Son but reflect upon the good of his Sister and the safety of his own Kingdoms III. The Treaty of the Match and Restitution reciprocally subordinated IT is fit to observe this passage which is the thing whereupon all his Highness subsequent Actions are turned and moved He had never staid a sevennight longer in Spain he had never left any Proxy with Bristol he had never taken any Oath at the Escurial or
testimonia invictissimi unà cum Joanne fratre suo juniore in obsidione Francovalenti hic factâ eruptione arreptus ille ictu bombardae percussus occubuere Anno M.DC.XXI This Monument was erected by the Town of Frankendal in memory of those two Brothers who were Uncles to that Valiant Victorious and Self-denying General THOMAS Lord FAIRFAX late Commander in Chief of the Parliaments Armies in England In France the Marriage-Treaty was not so fair smooth and plausible in the progress as in the entrance King Iames admiring the Alliance of mighty Kings though of a Contrary Religion as also fearing the disgrace of another Breach desired the Match unmeasurably which the French well perceived and abated of their forwardness and enlarged their Demands in favor of Papists as the Spaniards had done before them and strained the King to the Concession of such Immunities as he had promised to his Parliament that he would never grant upon the mediation of Forein Princes The Cardinal Richlieu being in the infancie of his favor and appointed to the managing of the Treaty assured the Catholicks of Great Britain that the most Christian King remembring that he was born and raised up no less for the propagation of the Catholick Cause then for the enlarging of his own Dominions was resolved to obtain honorable Terms for Religion or never to conclude the Match And for his own part such was his compassion towards them that if he might work their deliverance or better their condition not only with Counsel interest and authority but with his life and blood he would gladly do it However this Treaty held fewer moneths then the years that were spent in that of Spain Indeed the Motion from England had a braver expression seeing a Wife was here considered as the only object of the Treaty whereas that of Spain was accompanied with a further expectation to wit the rendring of the Palatinate to King Iames his children In August the Match was concluded and in November the Articles were sworne unto by King Iames Prince Charls and the French King The Articles concerning Religion were not much short of those for the Spanish Match The Conclusion of the Treaty was seconded in France with many outward expressions of Joy as Bonfires and the like Whereupon the Privy-Council sent to the Lord Mayor of London requiring the like to be done here This year Count Mansfield arrived in England whose reception was splendid and honorable He was entertained in the Prince his House in S. Iames's and served in great state by some of the Kings Officers A Press went through the Kingdom for the raising of Twelve thousand Foot with two Troops of Horse to go under his Command for the Recovery of the Palatinate These Forces were intended to pass through France into Germany the French having promised as well an Addition of Strength as a free passage In the mean while there were those that secretly sollicited the King to return into the way of Spain and raised suspitions of Mansfields Enterprise saying he was the Palsgraves Scout and Spy And if the Puritans desired a Kingdom they did not wish it to the most illustrious Prince Charls his Majesties best and true Heir but to the Palatine That it was the Dukes Plot and the Parliaments Fury to begin a War with Spain but it will be the glory of his Majesties blessed Reign that after many most happy years that Motto of his Blessed be the Peace-makers might even ●o the last be verified of him in the letter and be propounded for imitation to the most illustrious Prince and that the experience of his happy Government should carry the Prince in a connatural motion to the same Counsels of Peace And at the same time the more circumspect party in the Spanish Court held it fit to continue the state of things in a possibility of an Accommodation with the King of Great Britain and Gondomar was coming again for England to procure a Peace notwithstanding the Duke of Bavaria used all diligence to combine himself with that Crown offering to depend wholly thereon so that he may be thereby protected in his new acquired Dignity But in these Motions the Elector of Saxony with many Reasons advised the Emperor to apply himself to the setling of a Peace in Germany and with much instance besought him not to destroy that antient House of the Palatinate Count Mansfield was at this time in England and the Forces raised in the several parts of the Kingdom for the recovery of the Palatinate were put under his Command and Marching to their Rendezvous at Dover committed great Spoils and Rapines in their passage through the Counties At that Rendezvous the Colonels and Captains were assigned to receive their several Regiments and Companies from the Conductors employed by those several Counties where the Men were raised A List of some of the Regiments of Foot designed for that Expedition I. EArl of Lincoln Colonel Lieut. Col. Allen. Serjeant Major Bonithon Sir Edward Fleetwood Captain Wirley Capt. Reynolds Capt. Babbington Sir Matthew Carey Capt. Barlee Capt. Cromwel II. Viscount Doncaster Colonel Sir Iames Ramsey Lieut. Colonel Alexander Hamilton Serjeant Major Capt. Archibald Duglas Capt. Zouch Capt. Iohn Duglas Capt. Pell Capt. William Duglas Capt. George Kellwood Capt. Andrew Heatly III. Lord Cromwel Colonel Lieut. Col. Dutton Serjeant Major Gibson Capt. Basset Capt. Lane Capt. Vincent Wright Capt. Ienner Capt. Vaughan Capt. Owseley Capt. Crane IV. Sir Charles Rich Colonel Lieut. Col. Hopton Serjeant Major Killegrew Sir Warham St. Leiger Sir W. Waller Capt. Burton Capt. Francis Hammond Capt. Winter Capt. Goring Capt. Fowler V. Sir Andrew Grey Colonel Lieut. Col. Boswel Serjeant Major Coburne Capt. David Murray Capt. Murray Capt. Forbois Capt. Carew Capt. Ramsey Capt. Williams Capt. Beaton VI. Sir Iohn Borrough Colonel Lieut. Col. Bret. Serjeant Major Willoughby Capt. William Lake Capt. Roberts Capt. Webb Capt. Skipwith Capt. Thomas Woodhouse Capt. George Capt. Mostian The Duke of Buckingham Lord Admiral was required to employ those Ships that were now in the Narrow Seas or in the Havens ready bound for any Voyage for the Transporting this Army from Dover Count Mansfield received his Commission from King Iames bore date the Seventh of November One thousand six hundred twenty and four and was to this effect That his Majesty at the Request of the Prince Elector Palatine and the Kings Sister his Wife doth impower Count Mansfield to raise an Army for the recovering of the Estate and Dignity of the Prince Elector and appoints that the Forces so raised should be under the Government of the said Count Mansfield for the end aforesaid And his Majesty further declares by way of Negative That he doth not intend that the said Count shall commit any spoil upon the Countreys or Dominions of any of his Majesties Friends and Allies and more particularly He doth require the said Count not to make any invasion or do any act of War
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
Wales and for the Office of General-Governor of the Seas and Ships of the said Kingdoms and for the Surrender of the said Offices then made to the said King by the said Earl of Nottingham being then Great Admiral of the said Kingdoms and Principality and General-Governor of the Seas and Ships to the intent the said Duke might obtain the said Offices to his own use the sum of Three thousand pounds of lawful Money of England and did also about the same time procure from the said King a further Reward for the Surrender of the said Office to the said Earl of an Annuity of One thousand pounds by the year for and during the life of the said Earl and by the procurement of the said Duke the said late King of Famous memory did by his Letters Patents dated the Seven and twentieth of Ianuary in the said year of his Reign under the Great Seal of England grant to the said Earl the said Annuity which he the said Earl accordingly had and enjoyed during his life and by reason of the said sum of Money so as aforesaid paid by the said Duke And of his the said Dukes procurement of the said Annuity the said Earl of Nottingham did in the same Moneth surrender unto the said late King his said Offices and his Patents of them and thereupon and by reason of the premisses the said Offices were obtained by the Duke for his life from the said King of Famous Memory by Letters Patents made to the said Duke of the same Offices under the Great Seal of England dated the Eight and twentieth day of Ianuary in the said Sixteenth year of the said late King And the said Offices of Great Admiral and Governor as aforesaid are Offices that highly touch and concern the Administration and Execution of Justice within the provision of the said Laws and Statutes of this Kingdom which notwithstanding the said Duke hath unlawfully ever since the first unlawful obtaining of the said Grant of the said Offices retained them in his hands and exercised them against the Laws and Statutes aforesaid III. The said Duke did likewise in or about the beginning of the Moneth of December in the Two and twentieth year of the said late King Iames of Famous memory give and pay unto the Right Honorable Edward late Lord Zouch Lord Warden of the Cinque Ports and of the Members thereof and Constable of the Castle of Dover for the said Offices and for the Surrender of the said Offices of Lord Warden of the Cinque Ports and Constable of the said Castle of Dover to be made to the said late King of Famous memory the sum of One thousand pounds of lawful Money of England and then also granted an Annuity of Five hundred pounds yearly to the said Lord Zouch for the life of the said Lord Zouch to the intent that he the said Duke might thereby obtain the said Offices to his own use And for and by reason of the said sum of Money so paid by the said Duke and of the said Annuity so granted to the said Edward Lord Zouch he the said Lord Zouch the Fourth day of December in the year aforesaid did surrender his said Offices and his Letters Patents of them to the said late King And thereupon and by reason of the premisses he the said Duke obtained the said Offices for his life from the said late King by his Letters Patents under the Great Seal of England dated the Sixth day of December in the said Two and twentieth year And the said Office of Lord Warden of the Cinque Ports and of the Members thereof is an Office that doth highly touch and concern Administration and Execution of justice and the said Office of Constable of the Castle of Dover is an Office that highly concerneth the keeping and defence of the Town and Port and of the said Castle of Dover which is and hath ever been appointed for a most eminent place of strength and defence of this Kingdom which notwithstanding the said Duke hath unlawfully ever since this first unlawful obtaining of the said Office retained them in his hands and exercised them against the Laws and Statutes aforesaid These Three Articles were discoursed upon by Mr. Herbert and touching Plurality of Offices he observed That in that vast power of the Duke a young unexperienced man there is an unfortunate complication of Danger and Mischeif to the State as having too much ability if he be false to do harm and ruine the Kingdom and if he be faithful and never so industrious yet divided amongst so many great places whereof every one would employ the industry of an able and provident man there must needs be in him an insufficiency of performance or rather an impossibility especially considering his necessary attendance likewise upon his Court places To the Second and Third namely The buying the Office of Admiralty and Cinque-Ports both which he comprised in one he said That to set a price upon the Walls and Gates of the Kingdom is a Crime which requires rather a speedy remedy than an aggravation and is against the express Law of 5 Edw. 6. upon this foundation That the buying of such places doth necessarily introduce corrupt and insufficient Officers And in the Parliament of 12 Edw. 4. it is declared by the whole Assembly That they who buy those places these are the express words binde themselves to be Extortioners and Offenders as if they pretended it warrantable or as if they did lay an Obligation upon themselves to sell again And though the buying of such places be not against any particular Law enjoyning a penalty for them the breach whereof is a particular Offence yet as far as they subvert the good and welfare and safety of the people so far they are against the highest Law and assume the nature of the highest Offences IV. Whereas the said Duke by reason of his said Offices of Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of Admiral of the Cinque Ports and General Governor of the Seas and Ships of the said Kingdoms and by reason of the trust thereunto belonging ought at all times since the said Offices obtained to have safely guarded kept and preserved the said Seas and the Dominion of them and ought also whensoever there wanted either Men Ships Munition or other strength whatsoever that might conduce to the better safeguard of them to have used from time to time his utmost endeavor for the supply of such wants to the Right Honorable the Lords and others of the Privy Council and by procuring such supply from his Soveraign or otherwise He the said Duke hath ever since the dissolution of the two Treaties mentioned in the Act of Subsidies of the One and twentieth year of the late King Iames of Famous memory that is to say the space of Two years last past neglected the just performance of his said Office and Duty
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
it should be required of them and yet they to suffer all injuries from the hands of strange Souldiers when the meanest boy in the Island is taught to mannage Arms better then the best of them that are there billetted No but they would rather have thought it discretion upon the return of those voyages to have caused the men to repair to the place where they were pressed and to have ordered that each Parish should have set them on work for their maintenance with command to be ready upon warning to repair to the place of Rendezvous There is no place or part in England so remote from the Sea but they might have resorted to the Port assigned before the Ships could be furnished or drawn together They would have thought it more wisdom to have retired to their own Harbors and to have had their men discharged then to have continued this needless and expencefull course that is taken They would have judged it better to have supplied the Isle of Weight with Two thousand men out of the main Land when they feared any evil to the Island then to send for them out of Scotland and to keep them in continual entertainment They would have thought it more fit to have returned the barbarous Irish into the Country from whence they came then to make them a vexation to the places and parts where they remain seeing no shadow of reason can be pretended for it England wants no men and hath as good and able men as either of the other two Nations if his Majesty had occasion to use them England with small charge can raise what men his Majesty pleaseth to command and that suddenly and discharge them again without trouble or charge as quickly The wise men of England would have thought Two or three hundred thousand pounds better spared then thus wastfully consumed and disorders committed we may compute it to that sum and yet keep our selves within compass And notwithstanding the want of Money and the wayes to exact it of the Subject is all the Song now sung He that sees and complains of the evil mannaging of things is either imprisoned banished the Court or censured for a Discontent There is no Englishman but knoweth the heart of every other true heated Englishman and with one consent will all obey our Prince and to his person we owe all due reverence and we may truely say no King is more happy in Subjects for their love nor no Subjects readier to serve their King with their purses and persons nor never people was better blest with a King who is endued with all kinde of vertues and stained with no manner of vice False Informers and Misguiders of good Kings are much more perilous then if Princes themselves were evil for commonly as worms breed soonest in soft and sweet wood so are the best natures inclined to Honor and Justice soonest abused by false Flatterers The evil they commit under the Authority of good Princes is accounted as done by the Prince himself but commonly such people in the end pay for it for he that desires not to do good cannot be wise but will fall into Four thousand Follies One of the first Propositions made to the House will be for Money to support his Majesties vast expence at this time that the Enemy threatens thunder against the Kingdom Your often alarms upon such pretences may make you now too secure for true it is that the last Parliament books were published of invincible Preparations intended against us and nothing came of it But beware you be not deceived by an old saying That when one usually tells lyes he is not trusted when he speaks truth for certainly the danger is much more then by the power and greatness of another Enemy In this case you must give for your own sakes that so you may be sure to enjoy what is yours for your Soveraigns sake to maintain his greatness and state and for your Countries sake to keep it from oppression of the Enemy but withall you ought to lay down the condition of the Kingdom and to shew that your necessity cannot run paralel with your hearts and your desires that your mindes will be carried with a willingness to give but your hands will keep back your hearts for want of ability to give Themistocles demanding Tribute of the Athenians told them he brought two Gods with him that is to say Perswasion and Violence They answered that they had two other Gods in their Country both great and powerfull which were Poverty and Impossibility which hindred them from giving We may truely say that God hath so placed and seated this Isle of England that nothing but evil counsel can hurt it But true it is advice that is not warranted from wise men may prove more forcible and perilous then the power of an Enemy The Scripture telleth us that the thought perisheth that taketh not counsel A King of the Lacedemonians asked how a Kingdom might ever stand and was answered two wayes if a King take counsel of wise honest men and they speak freely and do Justice uprightly There was never Censor that judged Senator that ordered Emperor that commanded Council that executed Orator that perswaded nor any other mortal man but sometimes he committed Errors and deserved either blame or punishment for his misdoings and if he were wise desired advice what to do St Gregory saith No man can give so faithfull counsel as he who loves one more then his gifts Then who are or can be so true Councellors to our Noble King as a House of Commons that hath no relation to a Kings gift but only to his Honor flourishing estate and safety This is the time to amend evil Counsels past and to let evil Councellors see their Errors This is the time for all men to put to their helps some with their hands to fight others with their advice to counsel And for my Advice this it is That you present to his Majesty in all humbleness your willing mindes and hearts to repair and fit to Sea his Majesties Navy your selves to have power to make them able and serviceable with the advice of experienced men that you may call unto you This is a matter of great importance at this present for the safety of King Realm and Subject for the strength of the Kingdom much depends upon this Bulwark which we may well term The Walls of England His Majesty shall finde himself much eased by it Businesses shall be carried without his trouble or care Money shall not be sought for to that end but provided by you his Majesty may dispose of the rest of his Revenue at his pleasure By your frugality and husbandry his Majesty shall have occasion to judge of things past of yours in present and hereafter it will serve for a President to walk after it will stop the mouthes of Malignant tongues that inform his Majesty of the unwillingness of the Subject to give and it will make it
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
per Annum by raising a certain value upon their Lands and some other impositions which requiring a long Discourse by it self I will omit it here setting it down in my Instructions it will save your Majesty at least One hundred thousand pounds per Annum to make it pain of death and confiscation of goods and lands for any of the Officers to cousen You which now is much to be feared they do or else they could not be so rich and herein to allow a fourth part benefit to them that shall find out the cousenage Here is not meant Officers of State as the Lord Treasurer c. being Officers of the Crown The summe of all this account amounteth unto two Millions or Twenty hundred thousand pounds per Annum Suppose it be but one Million and a Half as assuredly your Majesty may make by these courses set down yet it is much more then I promised in my Letter for your Majesties service Besides some sums of mony in present by the courses following Imprimis By the Prince's Marriage to make all the Earls in England Grandees of Spain and Principi with such like priviledges and to pay twenty thousand pounds apiece for it 2. As also if you make them Foeditaries of the Towns belonging to their Earldoms if they will pay for it besides as they do to the King of Spain in the Kingdom of Naples And so likewise Barons to be made Earls and Peers to pay ninteen thousand pounds a piece I think might yield five hundred thousand pounds and oblige them more sure to his Majesty 3. To make choice of two hundred of the richest men of England in estate that be not Noble-men and make them Titulate as is used in Naples and paying for it that is a Duke thirty thousand pounds a Marquis fifteen thousand pounds an Earl ten thousand pounds and a Baron or Viscount five thousand pounds It is to be understood that the antient Nobility of Barons made Earls are to precede these as Peers though these be made Marquesses or Dukes this may raise a Million of pounds and more unto your Majesty To make Gentlemen of low quality and Francklines and rich Farmers Esquires to precede them would yield your Majesty also a great sum of mony in present I know another course to yield your Majesty at least three hundred thousand pounds in mony which as yet the time serveth not to discover untill your Majesty be resolved to proceed in some of the former courses which till then I omit Other courses also that may make present mony I shall study for your Majestie 's service and as I find them out acquaint you withall Lastly to conclude all these discourses by the application of this course used for your profit That it is not onely the means to make you the richest King that ever England had but also the safety augmented thereby to be most secure besides what shewed in the first part of this Discourse I mean by the occasion of this Taxation and raising of monies your Majesty shall have cause and means to imploy in all places of the Land so many Officers and Ministers to be obliged to you for their own good and interest as nothing can be attempted against your Person or Royall State over land but some of them shall in all probability have means to find it out and hinder it Besides this course will detect many disorders and abuses in the publick Government which were hard to be discovered by men indifferent To prohibite gorgeous and costly apparell to be worn but by persons of good quality shall save the Gentry of the Kingdom much more mony then they shall be taxed to pay unto your Majesty Thus withall I take my leave and kiss your gratious hands desiring pardon for my error I may commit herein Pasc. 5. Caroli Regis B. R. The Reports of the following Arguments were taken by Mr. Widdrington of Gray's-Inn UPon the Habeas Corpus out of this Court to bring here the body of one William Stroud Esq with the cause of his imprisonment to the Marshall of the Kings Bench it was returned in this manner That William Stroud Esq was committed under my custody by vertue of a certain Warrant under the hands of twelve Lords of the Privy Councill of the Lord the King the tenour of which Warrant followeth in these words You are to take knowledge that it is his Majesties expresse pleasure and commandment that you take into your custody the body of William Stroud Esq and keep him close-prisoner untill you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated the 2 d of April 1629. And the Direction thereof was To the Marshall of the King's Bench or his Deputy He is likewise held in prison by vertue of a certain Warrant under the hand of the King himself the tenour of which Warrant followeth in these words Carolus Rex Whereas you have in your custody the body of William Stroud Esq committed by the Lords of Our Privy Councill by Our speciall command you are to take notice that his commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up of Sedition against Us For which you are to detain him in your custody and keep him close-prisoner untill Our pleasure be further known concerning his deliverance Given at Greenwich the 7 th of May 1629. in the 5 th year of Our Reigne And the direction was To Our Marshall for Our Bench for the time being And these are the causes of the taking and detaining of the foresaid William Stroud c. And upon another Habeas Corpus to the Marshall of the Houshold to have the body of Walter Long Esq he made the same Return as above Ask of the Inner Temple of Counsell with Mr. Stroud moved That the Return was insufficient The Return consists upon two Warrants bearing severall Dates which are the causes of the taking and detaining of the Prisoner For the first Warrant which is of the Lords of the Councill that is insufficient because no cause is shewn of his commitment which is expresly against the resolution of the Parliament and their Petition of Right in the time of this King which now is to which he had likewise given his assent so his taking by vertue of the said Warrant is wrongfull And for the second Warrant it is insufficient also and that notwithstanding that it be the Kings own for the King himself cannot imprison any man as our Books are to wit 16 H. 6. F. Monstrance de faits 1 H. 7.4 Hussey reports it to be the opinion of Markham in the time of Edw. 4. and Forrescue in his Book de laudibus Legum Angliae cap. 18. And the reason given is because no action of false imprisonment lies against the King if the Imprisonment be wrongfull and the King cannot be a wrong doer The Statute
Propositions from either side to give distaste and lessen the Friendship between the two Crowns The Duke returned answer that all assurance and satisfaction shall be given concerning this Alliance And after Sir Digby's arrival at the Court of Spain he protested to him solemnly that the King desired it and swore for himself that he desired nothing more Hereupon Digby debated with him That the remembrance of their former Demands was yet unpleasing in England the difference of Religion the Opinions of Divines and the Cases of Conscience were still the same insomuch that his Majesty and his Servants had just cause to cease for ever from all thoughts this way Nevertheless they did not slight nor disrelish an Alliance with Spain for many of the greatest eminency in England judge it equally valuable with any other of Christendom though it be esteemed a matter of infinite difficulty Here the subtil Spaniard might perceive our forwardness though our Ambassador seemed to speak aloof off and with reservation The debate had this result that the difficulties should be digested into certain Heads and select Persons appointed for Conference but the Intent thereof was that the Kings on either side should not be interessed nor their names therein used till by the clearing of particulars there should be great appearances that the business would take effect Now because the difference of Religion was supposed the onely difficulty of moment it was thought fit to break the matter to the Cardinal of Toledo and the Kings Confessor and one Father Frederick a learned Jesuite having the repute of a Moderate man Upon the review of these proceedings Sir Iohn Digby advised the King not to suffer his other resolutions to be interrupted by this Overture which might be set on foot as a meer device to stagger the French Treaty and to keep his Majesty from declaring himself opposite to Spain in the business of Cleves and Iuliers which still remained uncompounded nevertheless he might be pleased for a while to suspend the conclusion of the Match with France and entertain this motion and to this end he desired from him not a formal Commission to treat but onely a private Instruction for his Direction and Warrant Such remote Conferences made way for that solemn slow-paced Treaty of the many years following wherein the advantage lay on the Spaniards side who were indeed very formal and specious in it but no way vehement and vigorous if we might suppose them in any sort real But the King of England having a prevalent inclination this way when he was once drawn in and elevated with hope was so set upon it that he would grant all things possible rather then break it off and was impatient of dissembling his own eagerness The business was mainly carried on by Conde Gondomar who was exquisitely framed for it and by facetious wayes taking the King in his own humor prevailed mightily The King removes all blocks that lie in the way of this Darling Design and studies all the wayes of rendring himself acceptable to Spain The Wall of this Island the English Navy once the strongest of all Christendome now lyes at road unarmed and fit for ruine Gondomar as was the common voice bearing the King in hand that the furnishing of it would breed suspition in the King his Master and avert his minde from this alliance Moreover the Town of Flushing the Castle of Ramakins in Zealand and Brill in Holland which were held by way of caution from the united Provinces to insure their dependency upon England the King resolved to render up as being meerly cautionary and none of his Propriety He rid his hands of those places to prevent requests and Propositions from the King of Spain who claimed the propriety in them and Gondomar put hard for them being accounted the Keys of the Low Countries Such was the Kings care and contrivance to keep faith with those Confederates and not offend Spain And to render this a politick action it was urged that the advantage of those Holds was countervailed by the vast expence in keeping them Howbeit the power of the English Interest in that State was by this means cut off and taken away and the alienation between King Iames and the United Provinces which appeared in latter times and was nourished by Bernevelt the head of the Arminian Faction and a Pensioner of Spain is now increased by the discovery and observation of these late Spanish compliances But the King of Spain and his Ministers had given but slender proof of any great affection yea or of sincere intention and upright dealing in this great affair For Sir Iohn Digby received certain Articles in matter of Religion after a Consultation had with their Divines which appeared very unworthy and were utterly rejected by him Yet afterwards upon a private Conference between him and some others to whom the cause had been committed a Qualification was therein conceived though not delivered as a matter there approved And the same Speeches after his return into England proceeded between him and Gondomar and were brought to that Issue that the King thought fit to acquaint a select number of his Council therewith who having heard the report of the former proceeding delivered their opinion That they found very probable ground for him to enter into a publike Treaty with as much assurance of good success as in such a case might be expected whereupon Sir Iohn Digby by Commission under the Great Seal was authorized to treat and conclude the Marriage and because the matter of Religion was in chief debate those qualified Articles that were brought out of Spain were sent back signed with the Kings hand who added something to them by way of clearer explanation They were to this effect THat the Popes Dispensation be first obtained by the meer Act of the King of Spain That the Children of this Marriage be not constrained in matter of Religion nor their Title prejudiced in case they prove Catholikes That the Infanta's Family being Strangers may be Catholikes and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious persons may wear their proper Habits That the Marriage shall be celebrated in Spain by a Procurator according to the Instructions of the Council of Trent and after the Infanta's arrival in England such a solemnization shall be used as may make the Marriage valid according to the Laws of this Kingdome That she shall have a competent number of Chaplains and a Confessor being Strangers one whereof shall have power to govern the Family in Religious matters In the allowing of these Articles the King thus exprest himself Seing this Marriage is to be with a Lady of a different Religion from us it becometh us to be tender as on the one part to give them all satisfaction convenient so on the other to admit nothing that may blemish our Conscience or
strength of the Enemies Forces now in the Palatinate Moreover The King to encourage the Princes of the Union and to keep them in Arms sent them Thirty thousand pounds yet withall resolved to treat for Peace and dispatched Sir Edward Villers into Silesia to fetch the Palsgraves Submission to the Emperor upon Conditions to be conceived according to equity and conveniencie Never did the Spaniards more flatter King Iames then after the Defeat at Prague They affirm that he shall ordain according to his pleasure in the Palsgrave's Restitution and be obeyed That the Infanta's Portion was preparing and that the Pope was obliged to grant the Dispensation from whom they resolve to take no denial Cottington the Agent in Spain now attested the Honesty of Gondomar's Dispatches hither and cryed him up for a Cordial man and well deserving His Majesties favor This notable Spanish Engine had so wrought himself into the Kings affections that he gained the accoss of a Favorite rather then of an Ambassador from a Foreign Prince Some in the English Court were then suspected to be Pensioners to Spain as may be gathered from the Spanish Ambassadors Instructions received from the King his Master BEsides that which I enjoin you in your General Instructions given you for England whither I send you to reside I thought good to advertise you apart by themselves of the chiefest things of Importance which you shall there negotiate and endeavor to further and advance It is well known that I have desired and endeavored to favor the Cause of the Catholicks of that Kingdom and to further it to their best advantage as well in the time of the Queen deceased who did so much prosecute and oppress them as since the time that the present King hath succeeded yet that calamity still continues upon them by reason of the ill offices done unto them by the Puritans and Protestants of whom the greater part of that Kings Council doth consist Howbeit because it is a thing that I could not well urge or press without breeding jealousies and so cause thereby a greater harm to the Catholicks I have proceeded on my part with that wariness and dissimulation as is fit D.A. shall inform you of what hath passed in this matter as also in what estate things are at this present and how you shall govern your self for the time to come according to the orders given unto him whose example we wish you to follow And of this take special heed That although it be believed that we may be very confident of the trustiness of those Catholicks by whose means the business of the rest is undertaken that they will be secret notwithstanding lest any Heretick shall come in the name or shew of a Catholick only to make some discovery It shall be fit that in all speeches you shall have with them concerning that which shall touch the Catholicks that you tell them how much I desire to see them freed from those pressures under which Queen Elizabeth put them and that God would inspire the Kings heart that he may reduce himself to the obedience of the Roman Catholick Church And advise them to endeavor to win the King unto them by shewing themselves good and loyal and obedient Subjects in temporal duties and not to meddle any thing against his State that by their deeds he may see what security may be expected from them and may also bind himself to favor them these being things that do no way contradict the observing the Catholick Religion and are due from them to the dignity of their King and Natural Lord And for the same reason they ought to abstain from all ill practices or unfitting speech or actions against his Person as is said some heretofore have used especially seeing no good hath or can come thereof and thereby they shall justly provoke him against themselves and by holding this course they shall win the Kings good will and the Peace shall be preserved and by the Peace by little and little be won and attained that which is desired By this manner of proceeding it is certain there can come no inconvenience But in case that this your manner of dealing shall come to the Kings knowledge as possibly it may it will breed a great obligation of brotherhood and friendship between us when he shall see that I carry my self in this sort in his affairs and consequently will be the more confident of our amity and will thereby be induced the better to subdue all malice in them that shall endeavor to perswade the contrary And therefore you shall have a special care to do this dexteriously in due time and season and to inform your self very particularly from the said D. A. concerning those with whom you may deal confidently and how far you may trust the Negotiants for the Catholicks though you shall do well alway to proceed with the aforesaid caution and wariness You shall understand from the said D.A. what Pensions are allotted to certain Ministers of that King and to other persons It will be necessary to inform your self throughly of all that concerns this point and that you know both the Persons and Pensions to serve your self of them and to make the best use of them in all occasions that shall be most behoveful for your better direction in the Businesses given you in charge and all others that may be offered of consequence seeing the said Pensions were appointed to that end Whatsoever of the said Pensions you shall find unpaid for the time past D. A. is to discharge and you shall undertake for the time to come telling every one what his Pension is to the end they may be deceived of no part thereof by the Third person who conveys it unto them and let it be punctually paid at the days that their good payment may bind them to persevere and do their service punctually for the which you shall be furnished with all that shall be necessary And have a special care to advertise me how such persons employ themselves in the things that shall occur disguising their names in such manner as D.A. doth Above all You must take great care to dive into the estate of the affairs of that King What his Treasure is In what Estimation he is with his Subjects and what Correspondeneie and good meaning there is betwixt them How the English Scotch and Irish stand affected among themselves and one towards another and towards their Neighbors and how they are bent against me and my Common Estates or any of my particular Kingdoms whence they draw their Intelligences and particularly what amity and correspondencie that King entertaineth with France and with the Neutrals of Holland and Zealand and with the Venetians and upon what causes it is founded what matters they treat of what designs they have in hand All which is very necessary to be known for the attaining of which D.A. will open unto you some ways which you must follow besides those
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
highly displeased with some of the Commons House whom he called Ill-tempered spirits Sir Edward Cook Sir Robert Philips were committed to the Tower Mr. Selden Mr. Pym Mr. Mallery to other Prisons and Confinements Order was given for the sealing up the locks and doors of Sir Edward Cooks Chambers in London and in the Temple for the seising of his Papers and the Council debating about the General Pardon that should have passed this last Parliament had consulted about the ways of excluding him from that benefit either by preferring a Bill against him before the publication of the Pardon or by exempting him by name whereof they said they had presidents Likewise Sir Dudley Diggs Sir Tho. Crew Sir Nathaniel Rich and Sir Iames Perrot for punishment were sent into Ireland joined in Commission with others under the Great Seal of England for the enquiry of sundry matters concerning his Majesties service as well in the Government Ecclesiastical and Civil as in point of his Revenue and otherwise within that Kingdom Proclamations had formerly issued out against the Peoples too liberal speaking of matters above their reach Which at this time occasioned Letters from the Council to the Judges of the next Assises taking notice of licentious and undutiful speeches touching State and Government notwithstanding several Proclamations prohibiting the same which the King was resolved no longer to let pass without severest punishment and thereupon required the Judges to give this in Charge in their several Circuits and to do exemplary Justice where they find any such Offenders The King still walked in his beaten path of Sollicitations and Treaties after the constant bad success of his former Mediations For at the very time when he treated of Peace his Son in law was despoiled of his Hereditary patrimony by the Emperors commandment who after the suspension of the Ban or Proscription commanded the taking up of Arms again in the Lower Palatinate the Upper Palatinate being already subdued Which misery King Iames acknowledged to be the fruit of his own patience delays and doubtfulness Nevertheless he ceaseth not to pursue the favor of an implacable Enemy He wrote to the Emperor Ferdinand declaring his earnest endeavors to appease the Bohemian War and his ardent zeal for Peace from the beginning and expressed the Terms which he had prescribed to his Son in law As That he shall for himself and his Son renounce all pretence of Right and Claim to the Crown of Bohemia That he shall from henceforth yield all constant due devotion to the Imperial Majesty as do other obedient Princes Electors of the Empire That he shall crave pardon of the Imperial Majesty That he shall not hereafter any manner of way demean himself unfittingly toward the Imperial Majesty nor disturb his Kingdoms and Countries And that he shall upon reasonable Conditions reconcile himself to other Princes and States of the Empire and hold all good correspondence with them And he shall really do whatsoever like things shall be judged reasonable and necessary King Iames requested of the Emperor the acceptance of these Conditions as a notable testimony of his Imperial Majesties goodness and grace which he said should be by himself acknowledged in all willing service and unfeigned friendship to the Emperor himself and the most renowned House of Austria But if these his just Demands and well-willed Presentations shall not find acceptance or be slightly waved by some new tergiversation or a pretence of that long and tedious way of Consultation with the Princes of the Empire he is resolved to try his utmost power for his Childrens relief judging it a foul stain to his Honor if he shall leave them and their Partizans without counsel aid and protection The Emperor replied and confessed That in this exulcerate business so much moderation and respect of justice and equity hath shined forth in the King of Great Britain that there is not any thing that he should refuse to render thereunto reserving his Cesarean authority and the Laws of the Empire Yet that Person whom it most concerns hath given no occasion by the least sign of repentance to a condescension to this Treaty of Pacification For he is still so obstinate as by continual machinations by Iagerndorf and Mansfeld and other cruel disturbers of the publique peace to call up Hell rather then to acquiesce in better counsels and desist from the usurped Title of a Kingdom Howbeit in favor of the King of Great Britain he shall consent to a Treaty to be held at Bruxels wherein he would devolve his power upon the Illustrious Elizabetha Clara Eugenia Infanta of Spain The appointment of the Treaty at Bruxels was accepted by King Iames whither he sent his Ambassador Sir Richard Weston Chancellor of the Exchequer In the mean while misfortune and misery over-ran the Palatinate The Enemy having prevailed in several grand encounters proceeded to subdue the Country without regard to the Treaty of Peace at Bruxels Which was more easily effected the Commotions in Hungaria Bohemia Silesia Moravia being now ended in a Treaty of Peace between the Emperor and Bethleem Gabor the Emperor having made use of the Palsgrave's submission and resignation of the Crown of Bohemia to accelerate this Treaty About this time Philip the Third King of Spain departed this life and the Lord Digby was sent Extraordinary Ambassador into Spain as well to condole his death as ●o advance the Match and by all means possible to bring it to a final conclusion To which end he was accompanied with Letters from his Majesty and the Prince to that King as also a private Letter to Don Baltazar de Zuniga MOst Serene and Potent Prince Kinsman and dearly beloved Friend when we heard of the Death of your Majesties Father Philip the Third with whom we had great Amity and by our Amity managed very important Matters which he being dead could not but of necessity be interrupted It was no less grief to us then if he had been our own natural and most intimate Brother Which grief we have certified both to your Majesty by our Letters as was fitting and intimated to our people in a solemn and due manner And thus far we have satisfied our selves but in the next place we must also give Custom its due For which end we send unto your Majesty our Publick Ambassador and Messenger of this our Grief the Baron John Digby our Counsellor and Vice-Chamberlain adjoyning unto the rest of his Instructions this our wish That your Serenity may rule your Fathers Kingdoms which you have received under a most prosperous Star with his and your Ancestors Prudence and that we may really finde that love which alway passed between your Father of most happy memory and us propagated with the same candor unto you his Successor the which we also hope Given at our Pallace of Theobalds Mar. 14. 1621. Your Majesties most Loving Brother I. R. Jacobus c. Serenissimo
outward practices and no secret motions of the Conscience are adjudged by the Laws of England to be meerly Civil and Political and are excluded by the Letter from the benefit of those Writs But because the peoples mouths were open and some Preachers were too busie and the Puritan party increased the King gave directions for the regulation of the Ministry in his Letters to the Lord Archbishop of Canterbury MOst Reverend Father in God Right trusty and intirely beloved Counsellor we greet you well Forasmuch as the abuses and extravagancies of Preachers in the Pulpit have been in all times suppressed in this Realm by some Act of Council or State with the Advice and Resolution of grave and learned Prelates insomuch that the very Licencing of Preachers had beginning by an Order of Star-Chamber the Eighth day of July in the Nineteenth year of the Reign of King Henry the Eighth our Noble Predecessor And whereas at this present divers yong Students by reading of late Writers and ungrounded Divines do broach many times unprofitable unsound seditious and dangerous Doctrines to the scandal of the Church and disquiet of the State and present Government We upon humble Representations unto us of these Inconveniencies by your self and sundry other grave and reverend Prelates of this Church as also of our Princely care and zeal for the extirpation of Schism and Dissention growing from these Seeds and for the settling of a religious and peaceable Government both in Church and Commonwealth Do by these our special Letters straitly charge and command you to use all possible care and diligence that these Limitations and Cautions herewith sent unto you concerning Preachers be duly and strictly from henceforth put in practice and observed by the several Bishops within your Iurisdiction And to this end our pleasure is that you send them forthwith Copies of these Directions to be by them speedily sent and communicated unto every Parson Vicar Curate Lecturer and Minister in every Cathedral or Parish Church within their several Diocesses and that you earnestly require them to employ their utmost endeavors in the performance of this so important a business letting them know That we have a special eye unto their proceedings and expect a strict accompt thereof both from you and every of them And these our Letters shall be your sufficient Warrant and Discharge in that behalf Given under our Signet at our Castle of Windsor c. Directions concerning Preachers sent with the Letter I. THat no Preacher under the Degree and Calling of a Bishop or Dean of a Cathedral or Collegiat Church and they upon the Kings days and set Festivals do take occasion by the expounding of any Text of Scripture whatsoever to fall into any set discourse or common place otherwise then by opening the Coherence and Division of the Text which shall not be comprehended and warranted in Essence Substance Effect or Natural inference within some one of the Articles of Religion set forth One thousand five hundred sixty and two or in some of the Homilies set forth by Authority of the Church of England Not onely for a help for the Non-Preaching but withal for a pattern and boundary as it were for the Preaching Ministers And for their further Instructions for the performance hereof that they forthwith read over and peruse diligently the said Book of Articles and the two Books of Homilies II. That no Person Vicar Curate or Lecturer shall Preach any Sermon or Collation hereafter upon Sundays and Holidays in the afternoon in any Cathedral or Parish Church throughout the Kingdom but upon some part of the Catechism or some Text taken out of the Creed Ten Commandments or the Lords Prayer Funeral Sermons onely excepted And that those Preachers be most encouraged and approved of who spend the Afternoons Exercise in the Examination of Children in their Catechism which is the most antient and laudable custom of Teaching in the Church of England III. That no Preacher of what Title soever under the degree of a Bishop or Dean at the least do from henceforth presume to Preach in any Popular Auditory the deep points of Predestination Election Reprobation or of the Universality Efficacy Resistibility or Irresistibility of Gods Grace but leave those Themes rather to be handled by the Learned Men and that Moderately and Modestly by way of Use and Application rather then by way of Positive Doctrines being fitter for the Schools then for simple Auditories IV. That no Preacher of what Title or Denomination soever from henceforth shall presume in any Auditory within this Kingdom to declare limit or bound out by way of Positive Doctrine in any Lecture or Sermon the Power Prerogative and Jurisdiction Authority or Duty of Sovereign Princes or otherwise meddle with matters of State and the differences between Princes and the people then as they are instructed and presidented in the Homilies of Obedience and the rest of the Homilies and Articles of Religion set forth as before is mentioned by Publick Authority but rather confine themselves wholly to those two heads of Faith and good Life which are all the Subject of the Antient Sermons and Homilies V. That no Preacher of what Title or Denomination soever shall presume causelesly or without invitation from the Text to fall into bitter Invectives and undecent railing Speeches against the persons of either Papists or Puritans but modestly and gravely when they are occasioned thereunto by the Text of Scripture free both the Doctrine and the Discipline of the Church of England from the aspersions of either Adversary especially where the Auditory is suspected to be tainted with the one or the other infection VI. Lastly That the Archbishops and Bishops of the Kingdom whom his Majesty hath good cause to blame for their former remissness be more wary and choice in their Licencing of Preachers and revoke all Grants made to any Chancellor Official or Commissary to pass Licences in this kinde And that all the Lecturers throughout the Kingdom of England a new body severed from the Antient Clergy as being neither Parsons Vicars nor Curates be Licenced hence-forward in the Court of Faculties by Recommendation of the party from the Bishop of the Diocess under his Hand and Seal with a Fiat from the Lord Archbishop of Canterbury a Confirmation under the Great Seal of England And that such as do transgress any one of these Directions be suspended by the Bishop of the Diocess or in his Default by the Archbishop of the Province Ab officio beneficio for a year and a day until his Majesty by the Advice of the next Convocation shall prescribe some further punishment These Directions were warily communicated by the Archbishop of Canterbury to the Bishops within his Province The King lost no time in pursuing the Match with Spain but the Dispensation from Rome which was the Key of the business had long lain in a kinde of Dead-Palsie till the new King of Spain had by a
Laws made against any Roman Catholick whatsoever nor will execute any punishment inflicted by any of those Laws but in all things which belong to me will faithfully observe his Majesties word given in that behalf But in the taking of the solemn Publick Oath it is said there arose a difficulty between the King and the Spanish Ambassadors concerning the Popes title Most holy which the King refused to pronounce openly in the Chappel at Whitehall alleadging that it was repugnant to his Religion and might be an impeachment to his honor But the Ambassadors would proceed no further till the King had yielded to give him that Title There was another rub which the King soon removed The Ambassadors had heard that in the Kings Chappel when they should come to see the swearing of the Articles they should be present at such Prayers and Singing as were used in the Protestant Church whereunto they declared that they could not yield since the end of their coming thither was to maintain and warrant the Catholick Apostolical and Roman Church Whereupon the King commanded that nothing should then be sung but what was chanted when the Constable of Castile did swear the Peace between the two Crowns which was a Hymn of Joy in praise of Peace At that time England had swarms of Priests and Jesuites who were busie in drawing the people from the Protestant religion And a titular Bishop of Calcedon privately came to London to exercise Episcopal jurisdiction over the Catholicks of this Kingdom 'T is said that King Iames had now so much confidence of the Match as to say openly in the Court That now all the Devils in hell could not break it In Spain the Infanta was stiled the Princess of England and was kept no longer in her Virgin-retirements In England a Chappel was building for her at S. James and Don Carlos de Colona laid the first stone Her Picture was every-where to be seen and a Fleet was prepared for her passage And the greatest Enemies to this Alliance submitted to the Kings will But in all this Capitulation between the two Crowns hitherto the Restitution of the Palatinate was laid aside the King conceiving that the Consummation of the Match would overrule and settle that affair to his entire satisfaction In the height of the Spanish Treaty there was a notable Letter writ from Mr. Alured to the Duke perswading him not only to endeavor the breaking off the Match with Spain but also the preventing of any Match with a Princess of a different Religion THe Parable in the Gospel said he tells of a great King that married his Son and bade many thereunto yea upon the excusal of some and re●usal of others all of whatsoever condition as well out of the high-ways as the high-places were called and invited As every true Christian hath an interest in the Marriage of that Kings Son of Heaven so every good Subject as well as every great Subject hath an interest in the Marriage and welfare of the Kings Son here on Earth Which occasions so many and me the meanest of those many to wish that it may bring with it glory to Him on high good will and peace to those on earth Which is much doubted cannot be from Spain since the motioning of that Match makes a general fear that it can neither be safe for the Kings person nor good for his Church and Commonwealth because that thereby there may be an inlet to the Romish Locusts who like the Cankerworm may in an instant smite our Gourd under whose shadow we sit safe To address this poor discourse to your Lordships more particular Kings have almost ever used to have their Favorites Alexander had long since his Ephestion and Henry the Third of France of late his Espernon and Philip of Spain had since his Lermas Yea the best Princes have not wanted them For after the reckoning of David's great Officers Hushai the Archyte is called the Kings Friend and Ira the Iarite is set down to have been Chief about David Which stands to Reason and agrees with Nature For every private man is left to affect as he likes neither can Affection be forced Now to disallow or confine that in a King which is left at liberty in the meanest Subject were preposterous and injurious For though they command Nations as they are Kings yet they are subject to their Passions as they are men And if I may alleadge it without misinterpretation of others as I am free from ill meaning my self Who knows but Christ the rather to shew himself a Natural man expressed so much ●he more his Passion in his often weeping and his Affection to divers particulars but especially to S. John if I may not say his Favorite certainly the Disciple whom Iesus loved more then any of the rest It is Gods blessing and your happiness if you account it so to be the Kings Favorite As Peter therefore not presuming to ask Christ who it was he spake of beckoned to the Disciple whom Iesus loved on whose breast he leaned to ask for him so since most men neither may or ought to be so bold to ask or advise the King in this business so much spoken of yet they point at you who the higher you are in the Kings favor the more you are in the Peoples eye and observation and they expect you will not be wanting in the duty of a Subject a Councellor and a Favorite We do not read of any servant almost better respected of his Lord and Master then Eliezar of Damascus whom Abraham had meant had he died childless to have made his heir and we read not of any service he did Abraham more at least greater then in choice of a Wife for his son Isaac Among the Servants of our Patriarch the Defender of our Faith we observe none better respected then your self For the King hath manifested he loves not your person only but takes care for your soul and labors to make you as good as great and as happy in another world as high in this Yet we know not wherein you can do him better service then with Eliezar to help to choose a Rebeccah for our hopeful Prince We have not heard said he of any Protestant King that ever married with a contrary Religion save the last Henry of Navar with the last Margaret of France which Marriage so unfortunate to the parties having never Issue and being afterwards divorced was also so fatal to our Religion that there was more Blood spilt at those Nuptials then Wine spent For while the Protestants dreamed of the glory and security they should have by the Match they were most miserably massacred And who doubts but what the French Papists committed in their own Country upon that colour and occasion the Spanish Papists would be glad to see done in this Kingdom upon the like For without breach of charity we may doubt of their sincere meaning though there be
a Treaty of a Match since in Eighty Eight even while there was a Treaty of Peace their Armado came upon us Again we shall find it was forbidden in the best people in the world to marry with a differing Religion The injunction the reason and the effect are laid down in Deuteronomy to the Jews And if we descend to our own Books and Chronicles we shall find that God hath crossed if not cursed our alliance and association particularly with the Spanish Nation the position of that Country and the disposition of that People being as it were so malignant and ill-agreeing with us The Prince of the greatest performance that ever this Kingdom or Christendom had was the Black Prince Yet our Chronicle records that going into Spain to settle Don Pedro in that Kingdom besides the monstrous ingratitude and peafidiousness of the Spaniard who failed in the performance of those Conditions he had promised which caused the miserable Revolt in France to the loss of our inheritance the Prince was so poisoned in that Country that he never had his health after Moreover he beseeched his Lordship to observe that all the Marriages which the Heirs and Princes of this Crown have made in England for these last six-score years except the several second Matches of Henry the Eight have been onely and no-where else but with Spain which how little God hath blest the success shews Prince Arthur married the Spanish Kings daughter We know God took him away suddenly within a very small time and without any issue In a Politick respect we would yet make a second Match so Prince Henry afterwards King married the same daughter But doubtless God was less pleased with that Match which was less lawful and therefore God took away all the male-children of it and left only a daughter in whose short Reign was shed more blood for the true Religion in six years then for the false in these succeeding sixty years We made then a third Adventure and Marriage with Spain Queen Mary with King Philip which was so discontenting to the People that it caused Wyats Rebellion so discomfortable to the Queen that it brake her heart being left and neglected of her Husband and so dishonorable and prejudicial to the Kingdom that merely for the Spaniards sake we having no difference at all with France we lost Calis in six days which had been above two hundred years in our possession He added lastly Though I have not so much judgment nor so little wit as to presume to advise where to match yet I assume so much as to think a Match at home cannot be held any ways inconvenient We find the first and the last of our Kings that ever matched with their Subjects were Ed. 4. and Hen. 8. From which two Matches God as it were to shew the less we rely upon others abroad the more he will help us himself at home gave two daughters two Elizabeths two such Queens then which there were never two more blessed Instruments of Gods glory and this Kingdoms good by establishing Peace in the Land and Religion in the Church until his Majesties happy coming who brought both with him The French were very jealous of the Conjunction between Spain and England and thought it the safest way to make peace at home and imploy their strength to bound the Incroachments of Spain and the House of Austria By which means a bitter Persecution ceased in that Kingdom The Protestants of France were permitted to call home their banished Ministers to build their ruined Temples and to enjoy their liberty in Religion This benefit did the Kings closing with Spain procure to a people almost ruined But after all the Kings concessions the Spaniards contrived new delays and proposed harder terms The Pope had obliged the Catholick King to see the Conditions performed and to protract the Marriage till matters in England were in perfect execution Whereupon the Divines advise that King that the Promises of Marriage be made presently but the Consummation thereof and the delivering of the Infanta be deferred till May the year following And the death of Pope Gregory did strengthen this contrivance For the Spanish Ministers pretended that in regard there was no Contract but a Treaty only on foot the Dispensation which lay in the Nuncio's hands was by the Popes death suspended and a Ratification from the new Pope was requisite before any further progress could be made Cardinal Barberine was chosen Successor to Gregory the Fifteenth and took the name of Urban the Eight Soon after his election he wrote these ensuing Letters the one to King Iames the other to Prince Charls Serenissimo IACOBO Magnae Britanniae Regi Illustri URBANUS P. ● VIII SErenissime Rex salutem lumen Divinae gratiae Scotiae regnum quod inclytos terris Reges sanctissimosque coelo cives peperit cum ad Cardinalatus nostri patrocinium pertinuerit laetitiae simul ac moeroris uberem nobis materiam afferebat Exultabamus gaudio cogitantes in ea Regione quam Romanorum arma expugnare omnino non potuerunt Romanae Ecclesiae fidem feliciter triumphasse Scotumque Regem nullum hactenus extitisse qui Pontificiae authoritatis hostis obierit At enim vertebatur in luctum cythara nostra cum ad praesentium temporum miserias oculos lachrymis manantes converteremus Videmini enim laborante discordiarum patre obliti esse eum qui nutrivit vos contristati nutricem vestram Hierusalem Quare Apostolica sedes quae populos istos jampridem Christo genuit moerore conficitur dum tam praecla●am haereditatem verti videt ad extraneos damnique sui magnitudinem Britannorum Regum laudibus istarumque Provinciarum gloria metitur Id vero praeter caetera dolendum orbi Christiano videtur Jacobum regem Catholicorum regum prolem sanctissimae Parentis filium à Pontifice Maximo atque à Majoribus suis in Religionis cultu dissentire Si enim sublime istud ingenium quod literarum studiis prudentiae artibus Rex celeberrimus excoluisti affulgenti Patri luminum assentiretur facilè conjicit Christiana Respublica quanto publicae concordiae bono factum esset ut Nationes istas Insulasque aut montium claustris aut Oceani gurgitibus dissitas Scoticus rex imperio conjungeres Videtur enim Majestas tua ob eam rem facta esse tot Provinciarum domina ut ab eo cui parent facilius celeriusque Regna ista medelam ac salutem acciperent Quare assiduis precibus jam tum eum venerabamur qui dat salutem Regibus ut to Divinae clementiae beneficia quibus in conspectu Potentium admirabilis es ad Britanniae incolumitatem Ecclesiae gaudium conferret Affulsit autem nobis non ita pridem beata spes oriens ex alto cum te Austriacae affinitatis cupidum cognovimus ex Catholica matre progigni exoptantem eos qui tuam haereditatem adire populosque istos ditione tenere debent
Viro Carolo Principi Walliae Urbanus Papa Octavus NObilissime Princeps salutem lumen Divinae gratiae Primae literae quae Nobis ad Apostolatus solium elatis redditae sunt illae fuerunt quas ad Sanctissimae memoriae Gregorium Decimum-quintum Praedecessorem nostrum ex Hispania misisti Manus ad coelum sustulimus Patri mise●icordiarum gratias egimus cum in ipso nostri Regiminis exordio Pontificem Romanum eo Officii genere colere Britannus Princeps inciperet Singulari nostri quadam animi propensione rei Anglicanae jamdiu favemus quo factum est ut in hoc Antistitum Conventu Nationum Patria Scoti tui dum Cardinalem ageremus se in nostram potissimum Fidem ac clientelam contulerint Patrocinium autem tam splendidae Provinciae suscipientes identidem majorum tuorum res gestas Britannicarum Insularum landes contemplabamur Eos antem quo illustriores orbi terrarum anteactae aetates ostentabant eo nos impensius cupiebamus consimilibus Christianae pietatis triumphis haec tempora illic insigniri Cum autem Magnae Britanniae Rex Pater tuus non minorem ex disciplinarum fama quam ex potentiae vigloriam concupierit optavimus semper supra quam dicí potest ei divinitus insignem aliquam offerri occasionem generis humani demerendi coelestis haereditatis adipiscendae Nunc autem advenisse tempus credimus quo votis nostris frui liceat cum ad tantum decus potentissimo parenti aditum patefacere in praesens videaris Filius in maximarum rerum spem genitus In ea enim sententia sumus ut arbitremur tantum quo ●lagras Catholici conjugii desiderium quandam Dei te vocantis suaviter omnia disponentis vocem esse Nam opus Omnipotenti non est tonare semper voce magnitudinis suae quia ipsa arcana consilia dirigentia mortales in viam salutis verba sunt quibus aeterna sapientia loquitur jubentis Numinis mandata declarat Quare omni semper studio elaboravimus ut conjugium hoc honorabile benedicente Domino perficeretur Hinc conjicere potes non potuisse alium ad sacrum hoc rerum humanarum fastigium provehi à quo plura sperate possis documenta benevolentiae beneficentiae fructus Te enim Principem Nobilissimum Pontificiae charitati commendant majores tui Haereticae Impietatis domitores Romanae Hierarchiae non cultores modo sed vindices I● en●m cum dogmatum novorum portenta in ea Septentrionalis Oceani propugnacula irrumperent impiorum conatus salutaribus armis compescuerunt nec commutaverunt veritatem Dei in mendacium Quod si ut scribis reipsa magis gloriaberis de avitae imitatione Religionis quam de Regii sanguinis Haereditate facilè prospicimus quantam ejusmodi verba in libro viventium exaranda Romanae Ecclesiae laetitiam Britannicis Regnis faelicitatem polliceantur Haec à te beneficia desideratissime Fili exigit atque expectat venerandum illud Regum Scotorum Concilium quorum facta absque dubio condemnat qui ab illorum Religione desciscit Hoc à te Catholici totius Europe Reges ●●agitant quomodo enim eorum concordia potest votum esse solicitudinis tuae donec ab eis in maxima re id est in Sacrorum cultu dissentias Romana Ecclesia quam Magistram veritatis Anglia tam diu coluit cujus fidem tibi non invisam esse fateris cupit tibi coelestis Regni fores quam primum patefacere te in Majorum tuorum possessionem reducere Cogita te nunc in Hispania Regia spectaculum esse factum Deo hominibus semperque fore desiderium curam Pontificatus nostri Cave ne consilia eorum qui terrenas rationes coelestibus anteferunt obdurent cor tuum nobilissime Princeps laetifica tandem Militiam Coelestis exercitus in tuis castris demicaturam ac faventibus Angelis hominibusque plaudentibus redi Fili exoptatissime ad Ecclesiae te cupientis amplexus ut in Matrimonio tuo gestientes gaudio canere possimus Dominus regnavit decorem indutus est Omnino qui Catholicae Virginis nuptias concupiscis Coelestem etiam illam sponsam tibi assumere debes cujus forma se captum fuisse Solomon ille Regum sapientissimus gloriatur Haec enim sapientia est per quam Reges regnant cujus dos est splendor gloriae Principatus sempiternus Eam vero à terrarum contagione secretam atque in sinu Dei recubantem in Romanae Ecclesiae Sanctuario Majores tui quaesiverunt Qui tibi has hortationes conscribimus benevolentiam Pontificiam testamur cupimus perpetuis Historiarum Monumentis nomen tuum commendari atque in eos Principes referri qui praeclare merentes in terra de Regno Coelesti fiunt posteritati virtutis exemplar votorum mensura Oramus Patrem luminum ut beata haec spes qua nobis tanti Principis reditum deducente Spiritu Sancto pollicetur quam primum ferat fructus suos Magnae Britanniae salutem totique orbi Christiano pariat laetitiam Datum Romae apud Sanctum Petrum sub annulo Piscatoris Die 15 Octob. 1623. Pontificatus nostri Anno Primo To the most Noble Prince Charles Pope Vrban the Eight MOst Noble Prince we wish you health and the light of Gods Grace The first Letters which were delivered to us after we were preferred to the Throne of the Apostleship were those which you sent out of Spain to Gregory the Fifteenth of famous memory our Predecessor We listed up our hands to Heaven and gave thanks to the Father of Mercies when in the very entry of our Reign a British Prince began to perform this kinde of obeissance to the Pope of Rome We have been a long time favorable to England by a natural bent and inclination whence it came to pass that your Scotchmen recommended themselves to our especial Trust and Patronage in this Assembly of Prelates and Country of all Nations while we were yet Cardinal When we undertook the protection of so famous a Kingdom we did often contemplate the Exploits of your Ancestors and the Elogies of the British Islands and by how much former ages did represent them more glorious ●o the World by so much did we more earnestly desire that these times might there be made remarkable with the like triumphs of Christian Pie●y And seeing the King of Great Britain your Father loveth no less the glory of Learning then that of Might and Power we have always heartily wished above what we are able to express that God would be pleased to put into his hand some eminent occasion whereby to oblige mankinde and obtain an eternal Inheritance And now we believe the time is come to enjoy our wishes since you seem at present to open the way for so great a fame to your most Noble Father a Son begotten unto the hope of the greatest concernments for we are of opinion
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
friendship to him The Conde replied short That he accepted of what he had spoken The Duke departing with so little satisfaction the Spaniards concluded that he would endeavor by all means possible to hinder the Marriage But the Prince for his part had gained an universal love and was reported by all to be a truly Noble discreet and well-deserving Prince his grave comportment suited with the very genius of that Nation and he carried it from the first to the last with the greatest affability gravity and constancy and at his farewel with unparallel'd bounty and he left behinde him Gems of inestimable value for the Infanta and several Grandees His departure from Madrid being the Twelfth of September was very solemn the Queen and the Infanta were prepared in great magnificence with a Train of Grandees and Ladies to receive his farewel And among other passages this one was taken to be an Argument of the Infanta's real love to the Prince That she caused many divine duties to be performed for the safety of his return into England The King brought him on his way to the Escurial and there feasted him and at the Minute of parting declared the Obligation which the Prince had put upon him by putting himself into his hands a thing not usual with Princes and he protested That he earnestly desired a nearer Conjunction of Brotherly affection for the more intire unity betwixt them The Prince replying to him magnified the high favors which he found during his abode in his Court and presence which had begotten such an estimation of his worth that he knew not how to value it but he would leave a Mediatrix to supply his own defects if he would make him so happy as to continue him in the good opinion of her his most fair and most dear Mistress From thence he was attended with a Train of Spanish Courtiers to the English Navy where he feasted the Dons aboard his own Ship and when he was bringing them back to shore there arose a furious storm wherewith the Barge was so driven that it could neither fetch the Land nor make to the Ships again The night came on and the tempest and darkness meeting made their condition desperate till at length espying a light from a Ship near which the winds had driven them they made towards it and then with extream hazard were reimbarqued It was observed That the first words his Highness spake after he was embarqued were That it was a great weakness and folly in the Spaniard after they had used him so ill to grant him a free departure The Prince arived at Portsmouth October the Fifth and no sooner was he landed but it appeared that he was the Kingdoms darling the peoples hearts did burn to see him and unanimously praised God without any Publick Edict of Thanksgiving Publick Societies and private Families every where abounded in all expressions both of Religious and Civil rejoycing When he entred London the Bonfires which the peoples universal joy had kindled seemed to turn the City into one flame Immediately after the Princes departure from the Court of Spain a rumor was spread that the Ratification was come from Rome and that it came plenary and absolute By which means the Princes private Instructions were anticipated by the Earl of Bristol for the Iuncto pretended full Warrant to proceed and summoned the Earl of Bristol to attend them and earnestly pressed him That the Articles might speedily be ingrossed and signed Hereupon the party in whose hands the Prohibition left by the Prince lay dormant either conceiving the Ratification to be come indeed or apprehending that it was the Princes meaning to prevent the sudden concluding of matters delivered to Bristol that Letter of private Instructions the very day that the Prince arived at St. Andero In reading it the Earl was troubled exceedingly and said to the other That it must for a time be concealed lest the Spaniards coming to the knowledge of it should give order to stay the Prince It vexed Bristol that his building of so many years should at once be pulled in sunder He resolves to wave this private Order and if the Ratification came to deliver the Proxies and to support himself by his Publick Warrant under the Great Seal of England Now the Prince and Duke being jealous that Bristol would counter-work them left Sir Walter Aston joyned in Commission with him and acquainted Aston that the Princes meaning was never to Match there without the restitution of the Palatinate and the conservation of his Honor in all respects intire Immediately the Earl of Bristol sent dispatches into England laboring to satisfie the King and Prince in all things touching the Marriage And shewing that he had exactly set down the Case how a Woman betrothed may before the consummation of Marriage betake her self to a Religious life and all the sorts of Security for the preventing of such a course and that the King of Spain his Sister and all his Ministers do offer all security that may stand with decency and honor for the performance of the whole agreement And though the point of portion were a tough and knotty peece yet when by the original Papers and Consulto's of the last King the Iuncto found it to be no less then Two Millions they resolved to make it good notwithstanding they alleadged that this sum was four times as much as ever was given in Money with any Daughter of Spain Moreover he did woo the Prince by argument That as the King his Father so himself had thought this to be the fittest Match in all the World And though the Spaniards had committed many Errors yet he had already passed them by and overcome the main difficulties That by his Journey he had satisfied himself of the Infanta's person who for her birth and portion was no where to be matched and for her vertue and setled affection to his Highnesses person deserved him better then any Woman in the World That the Match was sure the Portion and Temporal Articles now setled but the delay of the Desponsorios will grieve the Princess and bring a cloud of distrust and jealousie upon the whole business The personal distastes of Ministers indiscreet and passionate carriages should not hazard that which hath been brought to the present State with so much cost and pains and patience and which being well accomplished will procure so much good to the Christian World and contrariwise so much trouble and mischeif if it should miscarry and break to peeces Now upon these Grounds and Motives he made intreaty That with all speed a Post might be sent unto him bringing Authority to deliver the Powers upon the arival of the Dispensation But the Prince and Buckingham made haste to engage the King and making a plausible Narration of their own proceedings the Spaniards delays and Bristols miscarriages drew him to alter the whole state of the Treaty Hereupon the King sends an
the Council That both the English and Dutch Ships designed to block up Dunkirk whilst our Fleet was gone to Spain were dispersed by a sudden storm and that Two and twenty Ships of Dunkirk Men of War having Four thousand Land-soldiers were at liberty to rove up and down and do mischief at Sea Hereupon the Council by their Letters to the Lords Lieutenants of the Counties upon the Seacoasts required that the Trained-Bands be in readiness with compleat Armor and other Furniture to march upon all Alarms to what place soever the necessary defence thereof shall require Also upon intelligence that these Two and Twenty Dunkirkers intended to land their Four thousand men in Ireland in case their design failed as to England Letters were expedited to the Lord Deputy of Ireland to guard those Sea-coasts for that it were alike mischievous if they should land in either Kingdom In the beginning of October the Fleet consisting of Eighty Ships great and small the Anne-Royal a Ship of Twelve hundred Tun being Admiral put forth from Plimouth for the Coasts of Spain with these Regiments aboard the Fleet according as we find it mentioned in an old List viz. The Duke of Buckingham's The Lord Wimbleton's Sir William St. Leger's Serjeant-Major-General and Colonel Burrough's Regiments were shipped in the Admirals Squadron which carried 2093 Seamen and 4032 Land-soldiers The Lord Valentia's Regiment The Earl of Essex's and Colonel Harwood's were shipped in the Vice-Admirals Squadron carrying 1765 Seamen and 3008 Land-soldiers The Earl of Essex was Vice-Admiral and commanded this Squadron Sir Charls Rich his Regiment Sir Edward Conway's and Colonel Regiments were shipped in the Rear-Admirals Squadron carrying 1833 Mariners 2998 Soldiers The Fleet after four days sail was encountred with a furious storm which so dissipated the Ships that of Fourscore no less then Fifty were missing for seven days Afterwards they all came together upon the Coasts of Spain where they found a Conquest ready the Spanish Shipping in the Bay of Cadez the taking whereof was granted feasible and easie and would have satisfied the Voyage both in point of honor and profit This was either neglected or attempted preposterously Then the Army landed and Sir Iohn Burroughs took a Fort from the Spaniard but the Soldiers finding good store of Spanish Wines abused themselves and hazarded the ruine of all had the Enemy known in what condition they were notwithstanding all Commands to the contrary So they were presently shipp'd again and the General putting to Sea intended to wait about Twenty days for the Plate-Fleet which was daily expected from the West-Indies But the evil condition of his Men by reason of a general Contagion enforced him to abandon the hopes of this great Prize So the English having effected nothing returned home with dishonor in November following It gave no small occasion of clamor That a Fleet so well provided and manned should land their men in an Enemies Country and return without some honorable Action But where the fault lay hath not been yet adjudged neither was any ever punished for failing in that duty The General for some time was not admitted into the Kings presence and some of the Colonels of his Army accused him and some Seamen aggravated the Accusation The General was examined before the Council and laid the fault on others in the Fleet who let the King of Spain's Ships pass without fighting them according to Order They on the other hand said they had no Order from their General to fight Thus was there fending and proving which contributed little to salve the dishonor which the Nation sustained by this unprofitable and ill-managed Design Upon the Fleets return to Plimouth in December and Consideration of the present use of the Soldiers therein imployed a Proclamation issued forth to command that no Soldiers of the Fleet should depart from their Colours or be discharged of their Service till the King shall signifie his pleasure how and when he will use their further Service So the Forces that returned from Cades were kept on foot and dispersed into several parts of the Kingdom There was also a strict Commandment That no Subject of this Realm of England shall have intercourse of Trade with any of the Dominions of the King of Spain or the Arch-Dutches of Flanders upon pain of Confiscation both of Ships and Goods that shall be found upon Voyage of Trade into any of the said Dominions Moreover in regard of the Subjects apparent danger and the encouragement of the Enemies of this State by putting Ships to Sea being weakly manned and ill furnished the King ordained that none should set forth any Ship or Pinnace of the burthen of Threescore Tuns or upwards unless they furnish the same with serviceable Muskets and Bandaliers sufficient for the arming of half the number of persons that sail therein together with a quantity of Ammunition answerable to the length of their intended Voyage Furthermore for the instructing and exercising of the Trained-Bands as well Officers as Soldiers by men experienced in Military Exercises The King gave Commandment that divers Low-Countrey Soldiers should be assigned to the several Counties and that the Trained-Bands should be ready at the times appointed for their Direction in their Postures and use of Arms. The Plague still continuing in London and Westminster and the places near adjoyning the King to prevent a general infection had adjourned a part of Michaelmas Term from the Utas thereof to the Fourth Return and afterwards to the Fifth and then the residue of the Term from the City of Westminster as also the Receipt of the Revenue from Richmond to the Town of Reading in Berkshire In which Term a Commission issued forth under the Great Seal for executing the Laws against Recusants according to the Petition of the late Parliament which was read in all the Courts of Judicature at Reading Which Commission together with Pricking of Sir Edward Cook and certain other Gentlemen Sheriffs who had appeared the last Parliament against the Duke and being Sheriffs could not be chosen Parliament-men gave occasion of discourse and hopes of a new Parliament At Hampton Court in December following this ensuing Order was made WHereas Four Articles concerning the Oath used to be taken by the High Sheriffs of Counties were this day presented unto the Board unto which Articles Sir Edward Cook Knight at this present High Sheriff of the County of Bucks Did upon tender of the Oath unto him take Exceptions and sent his Exceptions and the Reasons thereof in writing to Mr. Attorny General who by direction of the Board did attend all the Iudges of England to receive their Advice thereupon and the said Iudges having advised thereof did with one unanimous consent Resolve and so Report to the Lord Keeper That they found no cause to alter the said Oath but onely in one of the said Articles hereafter mentioned It is thereupon this day Ordered by their
Peace as they doubted he would not be brought to enter into War But Count Mansfield procured the King of France to Contract to receive our Troops with promise to enter into the War upon condition it might be regulated by the Council of the French King and England This favor to Count Mansfield That France agreed that his Armies should joyn with the Kings Troops wrought the Princes of Germany to believe that the King would enter into a War Thereupon the Imperialists left their Dyet and sent Tilly to Friezland and to take up the River of Embden which if he had obtained they would have trampled the Low-Countreys under foot and would have become Governors of the Sea Upon this the King of Denmark sent to our King and offered to raise an Army of Thirty thousand men if our King would allow Thirty thousand pounds a Moneth and said He would admit no time of respite for if Tilly had not been presently met and headed all had been lost Whereupon our King called a Counsel and appointed Commissioners and from that time all the Warrants for the issuing of the Moneys were all under the Kings own hand to the Council of War and from them to the Treasurers and the Warrants were from the Lords of the Council for the Levying of Men and for Coats and Conduct-Money A List whereof is hereunder specified Thereupon the Duke asked the Question Whether any thing was done by single Council To which the Lord Conway answered No. For the Treaty of Denmark Project of Count Mansfield Treaties with France and the business of the Navy were done all by the King himself and who can say it was done by single Council when King Iames commanded it whose Council every man ought to reverence especially in matters of War whereunto that King was not hasty The Total of Moneys paid by Warrants of the Treasurers of the Subsidy Money IN Toto for the Four Regiments of the Low-Countries from the Thirtieth of Iune 1624. till the One and twentieth of Iuly 1624. 99878 l. 00 s. 06 d. For the Navy from the Thirteenth of Iuly 1624. till the Three and twentieth of December 37530 l. 08 s. 04 d. For the Office of the Ordinance and Forts in England from the Twentieth of Iuly 1624. till the Fifteenth of Iune 1625. 47126 l. 05 s. 05 d. To defray Charges for Forts in Ireland about October 1624. 32295 l. 18 s. 04 d. For the Service under Count Mansfield for Provisions of Arms transporting of Soldiers from the Fourth of October 1624. till the Tenth of December 1624. 61666 l. 13 s. 04 d. Sum Total 278497 l. 04 s. 11 d. MEmorandum That over and above the several Services before specified and the several Sums issued and to be issued by our Warrants for the same We did long since resolve and order accordingly that out of the Moneys of the Second and third Subsidies these further Services should be performed and Moneys issued accordingly viz. In full of the Supply of all the Forts and Castles before-mentioned Surveyed per Sir Richard Morison Sir Iohn Ogle Sir Iohn Kay in September 1613. with all sorts of Munitions according to several Proportions and Warrants for the same 4973 l. In full for the Reparations of all the said Forts and Castles according to the said Survey 10650 l. 06s 08 d. But the said Subsidies being not like to afford means to perform these so necessary Works We humbly commend the supply of what shall be wanting for the same unto your Majesties Princely consideration Whilest the Commons were inquiring into Publick Grievances the Lords represented to the King a Grievance to their own Order in this following Petition To the Kings most Excellent Majesty The Petition of your ever Loyal Subjects the Lords Spiritual and Temporal now in Parliament Assembled In all humility sheweth THat whereas the Péers and Nobility of this Your Kingdom of England have heretofore in Civility yeilded as to strangers Precedency according to their several degrées unto such Nobles of Scotland and Ireland as being in Titles above them have resorted hither Now divers of the natural born Subjects of those Kingdoms resident here with their Families and having their cheif Estates among us do by reason of some late created Dignities in those Kingdoms of Scotland and Ireland claim Precedency of the Péers of this Realm which tends both to the disservice of Your Majesty and these Realms and to the great disparagement of the English Nobility as by these Reasons may appear I. It is a novelty without president that men should inherit Honors where they possess nothing else II. It is injurious to those Countreys from whence their Titles are derived that they should have a Uote in Parliament where they have not a foot of Land III. It is a grievance to the Country where they inhabite that men possessing very large Fortunes and Estates should by reason of Foreign Titles be exempted from those Services of Trust and Charge which through their default become greater pressures upon others who bear the burthen IV. It is a shame to Nobility that Persons dignified with the Titles of Barons Viscounts c. should be obnoxious and exposed to arrest they being in the view of the Law no more then méer Plebeians We therefore humbly beséech your Majesty That you will be pleased according to the examples of the best Princes and times upon consideration of these inconveniencis represented to Your Majesty by the nearest Body of Honor to Your Majesty that some course may be taken and an order timely setled therein by Your Princely Wisdom so as the inconvenience to Your Majesty may be prevented and the prejudice and disparagement of the Péers and Nobility of this Kingdom be redressed To this Petition the King gave Answer That he would take order therein The Earl of Bristol who continued under Restraint and was debarred Access to his Majesty ever since his return out of Spain had been examined touching his Negotiation there by a Committee of Lords appointed by the King Certain Propositions were tendred unto him in order to his Release and composing of that Affair concerning which he had written to the Lord Conway and about this time received the ensuing Letter from him The Lord Conway to the Earl of Bristol My Lord I Received a Letter from your Lordship dated the Fourth of this Moneth written in Answer to a former Letter which I directed to your Lordship by his Majesties Commandment This last Letter according to my duty I have shewed unto his Majesty who hath perused it and hath commanded me to write back to you again That he findes himself nothing satisfied therewith The Question propounded to your Lordship from his Majesty was plain and clear Whether you did rather chuse to sit still without being questioned for any Errors past in your Negotiation in Spain and enjoy the benefit of the late gratious Pardon granted in Parliament whereof you may have the benefit Or
his the said Ambassadors last return into Spain in the Summer An. 1622. To carry his Majesty then Prince into Spain to the end he might be informed and instructed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England From which misery this Kingdom next under Gods mercy hath by the wise religious and constant carriage of his Majesty been almost miraculously delivered considering the many bold and subtile attempts of the said Duke in that kind II. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his return framed as might serve for a ground to set on foot this Conspiracie The which was done accordingly and thereby the King and Prince highly abused and their Consents thereby first gotten to the said Journey that is to say after the return of the said Mr. Porter which was about the end of December or the beginning of Ianuary 1622. whereas the said Duke had plotted it many moneths before III. That the said Duke at his arrival in Spain nourished the Spanish Ministers not only in the belief of his own being Popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristols house and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore their Sacrament from time to time give the Spaniards hope of the Prince his Conversion The which Conversion he endeavored to procure by all means possible and thereby caused the Spanish Ministers to propound far worse Conditions for Religion then had been formerly by the Earl of Bristol and Sir Walter Aston setled and signed under their Majesties hands with a Clause in the King of Spain's Answer of Decemb. 12. 1622. That they held the Articles agreed upon sufficient and such as ought to induce the Pope to the granting of the Dispensation IV. That the Duke of Buckingham having several times in the presence of the Earl of Bristol moved and pressed his late Majesty at the instance of the Conde of Gondomar to write a Letter unto the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing of any such Letter that during the abode of the said Earl of Bristol in England the said Duke could not obtain it yet not long after the Earl was gone he procured such a Letter to be written from his late Majesty unto the Pope and to have him stiled Sanctissime Pater V. That the Pope being informed of the Duke of Buckingham's inclination and intention in point of Religion sent unto the said Duke a particular Bull in parchment for to perswade and encourage him in the perversion of his Majesty then Prince VI. That the said Dukes behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers as they would admit of no reconciliation nor further dealing with him Whereupon the said Duke seeing that the Match would be now to his disadvantage he endeavored to break it not for any service to the Kingdom nor dislike of the Match in it self nor for that he found as since he hath pretended that the Spaniards did not really intend the said Match but out of his particular ends and his indignation VII That after he intended to cross the Marriage he put in practice divers undue courses as namely making use of the Letters of his Majesty then Prince to his own ends and not to what they were intended as likewise concealing divers things of high importance from his late Majesty and thereby overthrew his Majesties purposes and advanced his own ends VIII That the said Duke as he had with his skill and artifices formerly abused their Majesties so to the same end he afterwards abused both Houses of Parliament by his sinister Relation of the carriage of Affairs as shall be made appear almost in every particular that he spake unto the said Houses IX As for scandal given by his personal behaviour as also the imploying of his power with the King of Spain for the procuring of Favors and Offices which he bestowed upon base and unworthy persons for the recompence and hire of his Lust These things as neither fit for the Earl of Bristol to speak nor indeed for the House to hear he leaveth to your Lordships wisdom how far you will be pleased to have them examined It having been indeed a great infamy and dishonor to this Nation that a Person of the Dukes great quality and imployments a Privy-Counsellor an Ambassador eminent in his Masters favor and solely trusted with the Person of the Prince should leave behind him in a Forein Court so much scandal as he did by his ill behaviour X. That the Duke hath been in great part the Cause of the ruine and misfortune of the Prince Palatine and his Estates in as much as those Affairs had relation unto this Kingdom XI That the Duke of Buckingham hath in his Relations to both Houses of Parliament wronged the Earl of Bristol in point of his Honor by many sinister aspersions which he hath laid upon him and in point of his Liberty by many undue Courses through his power and practices XII That the Earl of Bristol did reveal unto his late Majesty both by word and letter in what sort the said Duke had disserved him and abused his trust And that the King by several ways sent him word That he should rest assured he would hear the said Earl but that he should leave it to him to take his own time And thereupon few days before his sickness he sent the Earl word that he would hear him against the said Duke as well as he had heard the said Duke against him Which the Duke himself heard And not long after his blessed Majesty sickned and died having been in the interim much vexed and pressed by the said Duke Articles of the Earl of Bristol against the Lord Conway bearing Date 1 Maii 1626. I. THat the Lord Conway is so great a Servant of the Duke of Buckingham's that he hath not stuck to send the Earl of Bristol plain word That if businesses could not be accommodated betwixt him and the Duke he must then adhere and declare himself for the said Duke and therefore unfit to be a Judge in any thing that concerneth the Duke or the Earl II. That the said Lord Conway professeth himself to be a Secretary of the Duke of Buckingham's creation and so acknowledgeth it under his own hand And although that he be the Kings Secretary of State and a Privy-Counsellor he usually beginneth his Letters to the Duke Most gracious Patron III. That as a Creature of the said Dukes the said Lord Conway hath been made the Instrument of keeping the Earl of Bristol from the Kings presence and
King so straitned in time as by the said Article is pretended will appear by the said Earls Dispatch of September 28. 1623. In which upon scruple that was then made of the Infanta's entring into Religion he wrote to the same effect Viz. That if the Dispensation should come he knew no means how to detain the Proxies above twenty or twenty four dayes So that although difficulty happened until the middest of November 1623. yet it was foreseen that it must of necessity happen whensoever the Dispensation should come and then was warning of two moneths given thereof viz. from September 24. until November 29. which was the time appointed for the Desponsories So as he most humbly submits himself unto your Lordships which of the two wayes was the safer or dutifuller for him to take whether upon inferences and conjectures to have overthrown so great a business or on the otherside first to have presented unto his Majesty the truth and sincerity as he did the true estate of his Affairs with his humble opinion therein with an intimation that if his Majesty should resolve to break the Match that for the said Earl his honest discharge of the publick Trust reposed in him when the Proxies were deposited in his hands and for his sufficient warrant in so great a cause his Majesty would be graciously pleased to give him clear and express order which he had not and in the interim whilest his Majesty might take into consideration the great inconveniences that might ensue the said inconveniences might be suspended and the business kept upon fair terms that his Majesty might have his way and choice clear and unsoiled before him And as to the evil Consequences which are pretended would have followed if the said Earl had proceeded to the consummation of the Match before he had express order and warrant to the contrary he supposeth his Majesty should speedily have seen the Marriage which he so long sought to have effected that the Prince should have had a worthy Lady whom he loved that the Portion was much greater then ever was given in money in Christendom that the King of Spain had engaged himself for restitution of the Palatinate for which the said Earl conceived a daughter of Spain and Two Millions had been no ill pawn besides many other additions of advantage to the Crown of England Whereas on the contrary side he foresaw that the Prince would be kept a year longer unmarried a thing that so highly concerneth these Kingdoms he doubteth that the recovery of the Palatinate from the Emperor and Duke of Bavaria by force would prove a great difficulty and that Christendom was like to fall into a general Combustion So that desiring that his Majesty should have obtained his ends and have had the honor and happiness not onely to have given peace plenty and increase unto his own Subjects and Crowns but to have compounded the greatest differences that had been these many years in Christendom And by his Piety and Wisdom to have prevented the shedding of so much Christian Blood as he feared would ensue if these businesses were disordered These Reasons he confesseth and the zeal unto his Majesties service made him so earnestly desire the effecting of this business and cannot but think himself an unfortunate man his Majesties affairs being so near setling to his Majesties content as he conceived they were and hoping to have been unto his Majesty not onely a faithful Servant but a successful Servant to see the whole estate of his affairs turned up-side down without any the least fault of his and yet he the onely Minister on the English and Spanish side that remained under disgrace XI To the Eleventh Article the said Earl saith That the Article is grounded upon a Petition by him preferred to this Honorable House supposed to be scandalous which your Lordships as he conceiveth according to the Customs and Priviledges of the House of Peers would have been pleased first to have adjudged so to have been either for matter appearing in it self or upon hearing the said Earl for if the matter appearing in the Petition it self be not to be excepted unto it cannot as he conceiveth by Collateral accidents be taken for a Scandal till it be examined and found false For a plain and direct Answer thereunto he saith That the said Petition is such as will not warrant any such inference as by the said Article is inforced And that he hopeth to justifie the Contents of the said Petition in such sort as shall not displease his Majesty nor deserve that expression which is used in the Charge but contrarily what he hath said or shall say therein in his defence shall in all things tend to the Honor and Service of his Majesty by reducing into his Memory divers Circumstances and laying before him the passages of divers particulars which by undue practices have been either concealed from his Majesty or mis-related to him Having thus offered to this High and Honorable Court such Proofs and Reasons as he hopeth shall in your Lordships W●sdom and Justice clearly acquit him of any capital Crime or wilful Offence if it shall appear that out of Errors of Judgment too much ferventness of zeal to his Majesties service or the ignorance of the Laws of this Realm wherewith he hath not been able to be so well acquainted as he ought by reason of Foreign Employments by the space of many years or by any other ways or means he hath faln into the danger of the Laws for any thing pardoned in the General Pardon made in the Parliament holden at Westminster Anno Vicesimo primo Regni Imp. Iacobi Angliae c. of Blessed Memory he humbly prayeth allowance of the Pardons and the benefit thereof with this Clause That he doth and will aver that he is none of the persons excepted out of the same although he is very confident he shall not need the help of any pardon having received many significations as well from his Majesties own mouth that he had never offended his Majesty as lately by several Letters from the Lord Conway that he might rest in the security he was in and sit still and should be no further questioned But he hopes your Lordships will not onely finde him so far from blame but that he hath served his late Majesty of Blessed memory and his most gratious Son the Kings Majesty that now is with that fidelity care and industry that your Lordships will take such course as you in your wisdoms shall think fit not onely for the upholding the Honor and Reputation of a Peer of this Realm after so many employments but likewise become humble and earnest Suitors to his Majesty on his behalf which he humbly prayeth That he may be restored to his Majesties most gratious Favor which above all worldly things he most desireth The Eighth of May the Commons brought up their Charge against the Duke which was delivered at a Conference of both Houses
and spun out two days time It was managed by Eight Members and Sixteen more as Assistants The Eight cheif managers were Sir Dudley Diggs Mr. Herbert Mr. Selden Mr. Glanvile Mr. Pym Mr. Sher●and Mr. Wandesford and Sir Iohn Elliot Sir Dudley Diggs by way of Prologue made this Speech My Lords THere are so many things of great importance to be said in very little time to day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical Affectations I onely in plain Country Language humbly pray your Lordships favor to include many excuses necessary to my manifold infirmities in this one word I am Commanded by the Knights Citizens and Burgesses of the Commons House to present to your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great Wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upon this occasion The House of Commons by a fatal and universal Concurrence of Complaints from all the Sea-bordering parts of this Kingdom did finde a great and grievous interruption and stop of Trade and Traffick The base Pirates of Sally ignominiously infesting our Coasts taking our Ships and Goods and leading away the Subjects of this Kingdom into Barbarous captivity while to our shame and hindrance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths Our friends on slight pretences made Imbargoes of our Merchants Goods and every Nation upon the least occasion was ready to contemn and slights us So great was the apparent diminution of the antient Honor of this Crown and once strong Reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valors of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the Second they called their Wisest the House of Austria as great and potent and both strengthned with a malitious League in France of persons ill-affected when the Low-Countreys had no Being yet by constant Councils and old English ways even then that Spanish pride was cooled that greatness of the House of Austria so formidable to us now was well resisted and to the United Provinces of the Low-Countreys such a beginning growth and strength was given as gave us honor over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the Causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honor and Reputation in this Kingdom which as in one Centre met in one great Man the cause of all whom I am here to name The Duke of Buckingham Here Sir Dudley Diggs made a little stop and afterwards read the Preamble to the Charge viz. The Commons Declaration and Impeachment against the Duke of Buckingham FOr the speedy Redress of great Evils and Mischeifs and of the cheif cause of these Evils and Mischeifs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honor and safety of our Soveraign Lord the King and of his Crown and Dignity and to the good and welfare of his people The Commons in this present Parliament by the Authority of our said Soveraign Lord the King assembled Do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guienne General-Governor of the Seas and Ships of the said Kingdom Lieutenant-General Admiral Captain-General and Governor of his Majesties Royal Fleet and Army lately set forth Master of the Horse of our Soveraign Lord the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all the Forests and Chases on this side the River Trent Constable of the Castle of Windsor Gentleman of his Majesties Bed-Chamber one of his Majesties most Honorable Privy Council in his Realms both in England Scotland and Ireland and Knight of the most Honorable Order of the Garter The Misdemeanors Misprisions Offences Crimes and other Matters comprised in the Articles following and him the said Duke do accuse and impeach of the said Misdemeanors Misprisions Offences and Crimes My Lords THis lofty Title of this Mighty Man methinks doth raise my spirits to speak with a Paulò Majora Canamus and let it not displease your Lordships if for Foundation I compare the beautiful structure and fair composition of this Monarchy wherein we live to the great work of God the World it self In which the solid Body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may well resemble us the Commons And as it is incompassed with Air and Fire and Sphears Celestial of Planets and a Firmament of fixed Stars all which receive their heat light and life from one great glorious Sun even like the King our Soveraign So that Firmament of fixed Stars I take to be your Lordships those Planets the great Officers of the Kingdom that pure Element of Fire the most Religious Zealous and Pious Clergy and the Reverend Judges Magistrates and Ministers of Law and Justice the Air wherein we breathe All which encompass round with cherishing comfort this Body of the Commons who truly labor for them all and though they be the Foot stool and the lowest yet may well be said to be the setled Centre of the State Now my good Lords if that glorious Sun by his powerful Beams of Grace and Favor shall draw from the Bowels of this Earth an exhalation that shall take Fire and burn and shine out like a Star it needs not be marvelled at if the poor Commons gaze and wonder at the Comet and when they feel the effects impute all to the incorruptible matter of it But if such an imperfect mixture appear like that in the last age in the Chair of Cassiopeia among the sixed Stars themselves where Aristotle and the old Philosophers conceived there was no place for such corruption then as the Learned Mathematicians were troubled to observe the irregular motions the prodigious magnitude and the ominous prognosticks of that Meteor so the Commons when they see such a blazing Star in course so exorbitant in the Affairs of this Commonwealth cannot
but look upon it and for want of Perspectives commend the nearer examination to your Lordships who may behold it at a nearer distance Such a prodigious Comet the Commons take this Duke of Buckingham to be against whom and his irregular ways there are by learned Gentlemen legal Articles of Charge to be delivered to your Lordships which I am generally first commanded to lay open 1. The Offices of this Kingdom that are the Eyes the Ears and the Hands of this Commonwealth these have been ingrossed bought and sold and many of the greatest of them holden even in the Dukes own hands which severally gave in former ages sufficient content to greatest Favorites and were work enough for wisest Counsellors by means whereof what strange abuses what infinite neglects have followed The Seas have been unguarded Trade disturbed Merchants oppressed their Ships and even one of the Royal Navy by cunning practice delivered over into Foreign hands and contrary to our good Kings intention employed to the prejudice almost to the ruine of Friends of our own Religion 2. Next Honors those most pretious Jewels of the Crown a Treasure inestimable wherewith your Noble Ancestors my Lords were well rewarded for eminent and publick Service in the Common-wealth at home for brave exploits abroad when covered all with dust and blood they sweat in service for the honor of this Crown What back-ways what by-ways have been by this Duke found out is too well known to your Lordships whereas antiently it was the honor of England as among the Romans the way to the Temple of Honor was through the Temple of Vertue But I am commanded to press this no further then to let your Lordships know one instance may perhaps be given of some one Lord compelled to purchase Honor 3. As divers of the Dukes poor Kinred have been raised to great honors which have been and are likely to be more chargeable and burthensome to the Crown so the Lands and Revenews and the Treasuries of his Majesty have been intercepted and exhausted by this Duke and his Friends and strangely mis-employed with strange confusion of the Accounts and overthrow of the well established antient Orders of his Majesties Exchequer 4. The last of the Charges which are prepared will be an injury offered to the person of the late King of Blessed memory who is with God of which as your Lordships may have heard heretofore you shall anon have further information Now upon this occasion I am commanded by the Commons to take care of the honor of the King our Soveraign that lives long may he live to our comfort and the good of the Christian World and also of his Blessed Father who is dead on whom to the grief of the Commons and their great distaste the Lord Duke did they conceive unworthily cast some ill odor of his own foul ways whereas Servants were antiently wont to bear as in truth they ought their Masters faults and not cast their own on them undeservedly It is well known the King who is with God had the same power and the same wisdom before he knew this Duke yea and the same affections too through which as a good and gratious Master he advanced and raised some Stars of your Lordships Firmament in whose hands this exorbitancy of will this transcendency of power such placing and displacing of Officers such irregular runing into all by-courses of the Planets such sole and single managing of the great Affairs of State was never heard of And therefore onely to the Lord Duke and his procurement by mis-informations these faults complained of by the Commons are to be imputed And for our most Gratious Soveraign that lives whose name hath been used and may perhaps now be for the Dukes justification the Commons know well That among his Majesties most Royal Virtues his Piety unto his Father hath made him a pious nourisher of his Affections ever to the Lord Duke on whom out of that consideration his Majesty hath wrought a kinde of wonder making Favor Hereditary but the abuse thereof must be the Lord Dukes own And if there have been any Commands such as were or may be pretended his mis-informations have procured them whereas the Laws of England teach us That Kings cannot command ill or unlawful things when ever they speak though by their Letters Patents or their Seals If the things be evil these Letters Patents are void and whatsoever ill event succeeds the Executioners of such Commands must ever answer for them Thus my Lords in performance of my duty my weakness hath been troublesome unto your Lordships it is now high time humbly to entreat your pardon and give way to a learned Gentleman to begin a more particular charge Then were read the First Second and Third Articles viz. 1. THat whereas the great Offices expressed in the said Dukes Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employed by the Royal Progenitors of our Soveraign Lord the King in places of less Dignity were much encouraged with the hopes of advancement And whereas divers of the said places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able person He the said Duke being yong and unexperienced hath of late years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them II. Whereas by the Laws and Statutes of this Kingdom of England if any person whatsoever give or pay any sum of Money Fee or Reward directly or indirectly for any Office or Offices which in any-wise touch or concern the Administration or Execution of Justice or the keeping of any of the Kings Majesties Towns Castles or Fortresses being used occupied or appointed for places of strength and defence the same person is immediately upon the same Fee Money or Reward given or paid to be adjudged a disabled person in the Law to all intents and purposes to have occupy or enjoy the said Office or Offices for the which he so giveth or payeth any sum of Money Fee or Reward He the said Duke did in or about the Moneth of Ianuary in the Sixteenth year of the late King Iames of Famous memory give and pay to the Right Honorable Charles then Earl of Nottingham for the Office of Great Admiral of England and Ireland and the Principality of
Scepter and Sword into his hand and not expose the persons of the people committed to his charge to the unsatiable desires of the King of Spain who hath long thirsted after an Universal Monarchy nor their Consciences to the yoke of the Pope of Rome And that at home he will take that care to redress the just grievances of his good Subjects as shall be every way fit for a good King And in the mean time his Majesty doth publish this to all his loving Subjects that they may know what to think with truth and speak with duty of his Majesties actions and proceedings in these two last dissolved Parliaments Given at his Majesties Palace at Whitehall this Thirtieth day of June in the second year of his Majesties Reign of Great-Britain France and Ireland Moreover the King published a Proclamation taking notice of a Remonstrance drawn by a Committee of the late Commons House and by them intended to have been presented to him wherein he said are many things contained to the dishonor of himself and his Royal Father of blessed memory and whereby through the sides of a Peer of this Realm they wound their Soveraigns honor as also that some Members of that House ill-affected to his service to vent their own passions against that Peer and to prepossess the world with an ill opinion of him before his Cause were heard in a Judicial way have beforehand scattered Copies of that intended Declaration thereby to detract from their Soveraign Wherefore his Majesty for the suppressing of this insufferable wrong to himself doth command upon pain of his indignation and high displeasure all persons of whatsoever quality who have or shall have hereafter any Copies or Notes of the said Remonstrance or shall come to the view thereof forthwith to burn the same that the memory thereof may be utterly abolished and may never give occasion to his Majesty to renew the remembrance of that which out of his grace and goodness he would gladly forget In another Proclamation the King declaring his Religious care of the Peace of this Church and Commonwealth of England and other his Dominions and taking notice that in all ages great disturbances both to Church and State have ensued out of small beginnings when the seeds of contention were not timely prevented and finding that of late some Questions and Opinions seem to have been broached in matters of Doctrine and Tenents of our Religion at first onely intended against Papists have afterwards by the sharp and indiscreet handling of some of either party given much offence to the sober and well grounded Readers and raised some hopes in the Roman Catholicks that by degrees the Professors of our Religion may be drawn first to Schism and afterwards to plain Popery His Majesty in the integrity of his own heart and singular providence for the peaceable Government of that people which God hath committed to his charge hath thought fit by the advice of his reverend Bishops to declare and publish not onely to his own people but also to the whole world his utter dislike of all those who to shew the subtilty of their Wits or to please their own humors or vent their own passions shall adventure to start any new opinions not onely contrary to but differing from the sound and Orthodox grounds of true Religigion established in the Church of England and also to declare his full and constant resolution that neither in Doctrine nor Discipline of the Church nor in the Government of the State he will admit of the least innovation but by Gods assistance will so guide the Scepter of these Kingdoms as shall be most for the comfort and assurance of his sober religious and well-affected Subjects and for the repressing and severe punishing of the insolencies of such as out of any sinister respects or disaffection to his Majesties Person or Government shall dare either in Church or State to disturbe the Peace thereof wherefore he doth straitly charge and command all his Subjects of his Realms of England and Ireland of what degree soever especially thes● who are Church-men from hence-forth to carry themselves so wisely warily and conscionably that neither by Writing Preaching Printing Conferences or otherwise they raise publish or maintain any other Opinions concerning Religion then such as are clearly warranted by the Doctrine and Discipline of the Church of England 〈◊〉 by Authority And enjoyneth his reverend Archbishops and Bishops in their several Diocesses speedily to reclaim and repress all such spirits as shall in the least degree attempt to violate this bond of Peace And all the Ministers of Justice were required to execute his Majesties pious and royal pleasure herein expressed and if any shall take the boldness to neglect this gracious Admonition his Majesty will proceed against such offenders with that severity as their contempt shall deserve that by their exemplary punishment others may be warned and that those that be studious of the peace and prosperity of this Church and Commonwealth may bless God for his Majesties pious religious wise just and gracious Government The effects of this Proclamation how equally soever intended became the stopping of the Puritans Mouths and an uncontrouled Liberty to the Tongues and Pens of the Arminian party Shortly after an Information was preferred by the Kings special command in the Star-Chamber against the Duke of Buckingham for high Offences and Misdemeanors wherein he was charged amongst other things with the particulars mentioned in the last Article exhibited against him by the House of Commons concerning the Plaister applied to King Iames. To which the Duke put in his Answer and divers Witnesses were examined But the cause came not to a judicial hearing in the Court as it is afterwards expressed And now the King taking into consideration the present streights and inconveniencies into which the Revenue of the Crown was faln and the pressing necessity of his Affairs did by the advice and instance of his Council resolve and declare That all men of what quality and condition soever shall from henceforth upon pain of his displeasure forbear for two years space to present or solicite any Suit for any thing prohibited in the Book of Bounty published in King Iames his time or any other things that shall import the Diminution of his Majesties Revenue And for the advancement of the said Revenue arising by Customs Subsidies and Imposts upon all Goods and Merchandizes exported and and imported The Privy Council declared That it hath been constantly continued for many ages and is a principal and most necessary part of the Revenue of the Crown and that in the two last Parliaments it hath been thought upon but could not be setled by their Authority by reason of their dissolution before the matters therein treated could be brought to perfection Nevertheless that it was then intended to have been confirmed by Parliament as it hath been from time to time by many Descents and Ages Whereupon
Protestant League with the Princes on the other part drawing in secret o● State the countenance of France to give the more reputation of assistance to them and security to it self Spain seeing his hopes thus fruitless by these Unions and streights began first to break if he might the Amity of France and England But finding the Common danger to be a fast tie he raiseth up a party in that Kingdom of his own by which the French King was so distressed that had not the English Council assisted and relieved him Spain had there removed that next and greatest Obstacle of his Ambition His Council now tells him from these examples That the way to his great work is impossible so long as England lay a let in his way And adviseth him that the remove of that Obstacle be the first of his intents This drew on those often secret practises against the person of the Queen and his open fury in Eighty Eight against the body of the State which she perceiving following the advice of a free Council would never after admit of a Peace winning thereby the hearts of a loving people who ever found hands and money for all occasions at home and keeping sacredly all her Alliances abroad securing to her Confederates all her time freedom from fear of Spanish slavery and so ended her old and happy days in glory Spain then by the wisdom and power of that great Lady despoiled so of his means to hurt though not of his desires makes up with her Peaceful Successor of happy memory that Golden League That disarming us at home by the opinion of Security and giving them a power in our Councils by believing their Friendships and pretended Marriage gave them way to cherish amongst us a Party of their own and benefit of power abroad to lead in Jealousie and some division between us and our Confederates By which we see they have swallowed up the Fortune of your Majesties Brother's Estate with the rest of the Imperial States distressed the King of Denmark by that quarrel diverted Sweden's assistance by the Wars with the Pole and moving them now with offer of the Danish Crown And now whether from the Plot of our Fatality hath cast such a bone between France and us as hath made themselves by our quarrel of Religion a fast Confederate and us a dangerous Enemy So as now we are left no other assurance against their malice and ambition but the Netherlands where the tie of mutual safety is weakned by daily discontents bred and fed between us by some ill-affected to both our securities that from the doubtfulness of friendship as we now stand we may rather suspect from our own domestick Faction if they grow too furious they will rather follow the example of Rome in her growing that held that equal safety honorable and more easie dare regnum then subjugare provinciam considering the power they have in their hands then to give any friendly assistance to save the present condition of a State You may therefore see in what terms we stand abroad and I fear we are at home for resistance in no better state There must be to withstand a Forein Invasion a proportion both of Sea and Land-Forces For to give an Enemy an easie passage and a Port to relieve him in is no less then to hazard all at one stake And it is to be considered That no March by Land can be of that speed to make head against the landing of an Enemy Then that follows That there is no such prevention as to be Master of the Sea To this point of Necessary Defence there can be no less then Two hundred and forty thousand pounds For the Land-Forces if it were for an Offensive War the men of less livelihood were the best spared and we used formerly to make such War Purgamenta reipub if we made no further purchase by it But for the safety of a Commonwealth the wisdom of all times did never intrust the Publick Cause to any other then to such as had a portion in the Publick Adventure And that we saw in Eighty Eight when the care of the Queen and of the Council did make the body of that large Army no other then of the Trained Bands which with the Auxiliaries of the whole Realm amounted to no less then Twenty four thousand men Neither were any of these drawn from forth their Country and proper habitations before the end of May that they might be no long grievance to the Publick such Discontentments being to us a more fatal Enemy then any Forein forces The careful distributing and directing of their Sea and Land-forces being more fitting for a Council of War then a private man to advise of I pass over yet shall ever be willing and ready when I shall be called humbly to offer up such Observations as I have gathered by the former like occasion in this Realm To make up this Preparation there are requisite two things Money and Affections for they cannot be properly severed It was well and wisely said of that great and grave Councellor the Lord Burleigh in the like case to the late Queen Win hearts and you have their hands and purses And I find that of late Diffidence hath been in the one and hath unhappily prevented the other In gathering then of Money for this present need there are three things requisite Speed Assurance and Satisfaction And the way to gather as in other like cases hath been done must be by the path-way formerly called Via regia being more secure and speedy For by unknown and untrodden ways it is both rough and tedious and never succeedeth well This last way although it took place as it were by a Supply at first and received no general denial yet since it hath drawn many to consult with themselves and others in the consequence as it is now conceived a pressure on their Liberties and against Law I much fear if that now again it be offered either in the same face or by Privy-seal it will be refused wholly Neither find I that the restraint of the Recusants hath produced any other effect then a stiff resolution in themselves and others to forbear Besides although it were at the first with some assurance yet when we consider the Commissions and other forms incident to such like services as that how long it hangs in hand and the many delays that are we may easily see that such a Sum granted by the Parliament is far sooner and easier levied If any will make the succession of times to produce an inevitable necessity to enforce it if denied whether in general by Excise or Imposition or in particular on some select persons which is the custom of some Countries and so conclude it as there for the Publick State suprema lege He must look for this to be told him That seeing Necessity must conclude always to gather Money 't is less speedy or assured then that by a Parliament The sucess
necessity to use their Subjects put them into that necessity as they refuse to do for him All this is Pride of the Perswader as Socrates saith In the second I will clear the Parliament in which I was a Member of an ungratefull aspersion cast upon it that is to say That the Parliament was a cause to draw his Majesty into a War and failed on their parts to contribute to it These have been often repeated and the Parliament accused the contrary hath been as often reiterated and the truth expressed how far the Parliament proceeded therein But to stop the mouths of such false Reports and to free the Parliament of such a calumniation I must use this Argument At the Assembly of Oxford the Parliament being Prorogued thither Money was required of us towards the furnishing of his Majesties Fleet then preparing upon many reasons alleadged too tedious now to repeat with one consent it was refused Whereupon there was offer made by him that next the King seem-to have best Authority That if they would but contribute Forty thousand pounds they should choose their Enemy Whereupon I infer That before that Proposition there was no Enemy and therefore no Wars The motion for Money being denied the Parliament instantly brake up and seeing no Enemy was nominated nor Money consented unto by us I see not how the House can be taxed for Peace-breakers but rather the name to be cast upon some young men for youth by nature is prone to pride especially where experience wants They are credulous in what they hear that pleaseth them and incredulous in what is told them by wise men They are despisers of others counsels and very poor in their own They are dangerous for Princes to relie on for self-will is of greater force then Precepts Now to proceed In October following the Fleet put to Sea and what they did is apparent by a Relation written by a their General at his Return The Voyage being ended another followed the next Summer under the command of that noble Lord the Earl of Lindsey which through the weakness and disability of the Ships was not able to perform what he had in charge and what he desired The last and most lamentable was that to the Isle of Rhee which I likewise refer to a man I have seen and to the Books printed and extant These with that to Algeir to make up Mess of Island Voyages I wish might be referred to the examination of choice and experienced Soldiers by Land and by Sea to report their opinions of it That so their Errors their wastefull Expences their Negligences their weak Designs and want of experience may appear with the Success that might have proved if Advice and Counsel had had preheminence above Will and Arrogancy For he that is ignorant of truth and knowledge and led away with pride of his own opinions must needs err After it hath past your approbation it is worthy his Majesties view who then shall see the difference of Actions well mannaged and rash and heady Enterprises undertook by ignorance and performed by folly Business of so great a consequence ought to be considered of with Counsel and not onely of the necessity profit and honor but of the possibility that was like to follow for an Action well begun is half ended My experience in Discipline of War by Land and Sea can say no more then to refer it to others for t is a Course I never was bred to in my youth and now too late in mine age to practice Onely one thing I observe that in the two journeys of Cadiz and Rhee in the first a Land Souldier commanded at Sea who knew not what belonged thereunto and the other was carried by him that was Souldier neither by Land nor by Sea and the success proved accordingly in both yet their errors were never questioned but they both highly advanced And it is no marvel for according to the old saying The best Fencer is not always the best Fighter the fairer Tilter not the best experienced Souldier nor the eye of a Favorite at Court the best General of an Host And whosoever takes upon him that command without knowledge beholds himself in a false glass that makes him seem what he is not As on the contrary Experience is the mother of Prudence and Prudence will take counsel lest she joyn her will with her will hastiness causeth repentance and frowardness causeth hinderance Of the Evils that followed upon these two voyages your selves are sufficient Witnesses and can judge of them As namely the billeting of Soldiers in the Country and bringing their Ships into Harbors not abating the entertainment of the one nor the wages of the other And yet notwithstanding this needless cost and charges our Ships and Coasts are daily infested in such sort as we dare not peep out of Harbor Were the carriage of things now answerable to the Prudence and Presidents of former times we cannot pretend a fear of invasion because our Ships are divided into several Harbors and our Soldiers billetted in Inland Countries beside the season of the year giveth no opportunity to an Enemy to attempt it Here is a mass of wealth curiously consumed whether the King or Subject bear it and no man bettered but onely those that have the titles of Soldiers yet never had the happiness or honor to see what appertained to service Their example of disorder encourages the other to follow their Liberty People that were wont to live poorly yet safely are now by these Fellows and their Followers robbed and spoiled and no remedy for Redress The rich stand upon their guard and dare not resort to their Church lest in their absence their Houses be surprised and Rifled The Enemy giveth a sudden attempt and returneth the others do every day rob and spoil The Enemy surpriseth with fear the others have neither fear nor shame The first lessening the greatness of the Roman Empire was by the insolency of Soldiers and the first raising of the House of Ottoman was by permission and conniving at his Army What man is so old in England that hath seen or what youth so young that ever thought to see Scottish men and Irish men Garrisoned in England and no Enemy appear against us Or who could have imagined he should ever have seen our own people tyrannized over in our own Kingdom by these of our own Nation and those Scottish and Irish and not dare so much as complain Would our forefathers have thought it safety or Policy to draw Two thousand Scotish men and Irish men into the Isle of Wight for their defence against France when they of the Isle desired it not nay when they opposed it Would they have thought it wisdom that Two thousand Mouthes besides the Inhabitants should live on the food of that Island and so bring themselves into want and penury of victuals if they should in earnest be attempted by an Enemy Would they have thought fit the charge of
your Majesties Service and to the safety of your Majesties sacred Person we most zealously present to your Princely wisedom craving your Majesties chearful and gratious approbation His Majesties Answer to the eighth Article TO the eighth his Majesty doth well approve it as a matter of necessary consideration and the Parliament now sitting he recommendeth to both Houses the preparation of a fitting Law to that effect And his Majesty doth further declare that the mildeness that hath been used towards those of the Popish Religion hath been upon hope that forain Princes thereby might be induced to use moderation towards their Subjects of the Reformed Religion but not finding that good effect which was expected His Majesty resolveth unless he shall very speedily see better fruits to add a further degree of severity to that which in this petition is desired ON Wednesday the second of April the Propositions sent from the King were mentioned and several Gentlemen expressed themselves severally on that subject IT is said that the greatest grievance is want of supply but I hold it a greater grievance that his Majesty is brought into those necessities especially considering the supplies that of late have been given to the King two Subsidies of Parliament besides privy Seals the late Loan whereby five Subsidies were forcibly and unadvisedly taken and we have yet purchased to our selves nothing by all these but our own dishonor we have drawn and provoked two powerful enemies upon us it is not then what the Subjects do give unless his Majesty imploy men of integrity and experience otherwise all that we give will be as cast into a bottomless bag SOme propositions we shall not meddle with as a soveraign Army to be transported we are not fit for that yet but we will not reject it for great Princes who give out Rumors of raising great Armies do put their Enemies to great fears then the defence of our Coasts nothing is more necessary but the bill of Poundage is for that particular supply and how far it may prejudice us for a future Precedent to give other supply let us be advised Mr. Secretary Cook observing a distinction made upon the propositions as if some of them were to be omitted I know said he you will do it upon deliberation some there are not possible to be omitted as the Guarding of the Seas defence of the Elbe Rotchel and those draw on all the rest Ships must have Men and Munition and we cannot divide any of these This House is tender of the Countrey the King will not lay a burthen that cannot be born We may supply his Majesty without this give we now what we please the King may make use of it before the People are able to pay and we shall not onely make his Majesty subsist but advance his reputation in the world by the unity of his People more then by any treasure INdeed there may be some necessity for a war offensive but looking on one late dysaster I tremble to think of sending more abroad Let us consider those two great undertakings at Cales and Ree at Cales that was so gloriously pretended where our men arrived and found a Conquest ready namely the Spanish Ships a satisfaction sufficient and fit for us and this confessed by some then imployed and never but granted by all that it was feasible and easie why came this to nothing After that opportunity lost when the whole Army was landed with destruction of some of our men why was nothing done if nothing was intended why were they landed and why were they shipt again For Rees voyage was not the whole action carried against the judgement of the best Commanders was not the Army landed Not to mention the leaving of the Wines nor touch the wonder that Caesar never knew the enriching of the Enemy by curtesies Consider what a case we now are in if on the like occasion or with the like instruments we shall again adventure another expedition It was ever the wisedom of our Ancestors here to leave Forain Wars wholly to the State and not to meddle with them SIr Edw. Cook When poor England stood alone and had not the access of another Kingdom and yet had more and as potent Enemies as now it hath yet the King of England prevailed In the Parliament Roll in the 42. year of Edw. 3. the King and the Parliament gave God thanks for his victory against the Kings of Scotland and of France he had them both in Windsor Castle as Prisoners What was the reason of that Conquest four reasons were given 1. The King was assisted by good Counsel 2. There were valiant men 3. They were timely supplied 4. Good Imployment 3. R. 2. The King was inviron'd with the Flemins Scots and French and the King of England prevailed 13. R. 2. The King was invironed with Spaniards Scots and French and the King of England prevailed 17 R. 2. Wars were in Ireland and Scotland and yet the King of England prevailed and thanks were given to God here And I hope I shall live to give God thanks for our Kings victories 7 H. 4. One or two great men about the King so mewed him up that he took no other advice but from them whereupon the Chancellor took this Text and Theam in his Speech at the Parliament Multorum consilia requiruntur in magnis in bello qui maxime timent sunt in maximis periculis Let us give and not be afraid of our enemies let us supply bountifully cheerfully and speedily but enter not into particulars Solomons Rule is Qui repetit separat nay separat foederatos We are united in duty c. to the King the King hath fourscore thousand pounds a year for the Navy and to scowre the Narrow-seas it hath been taken and we are now to give it and shall we now give more to guard the Seas besides when that is taken of our gift it may be diverted another way It shall never be said we deny all supply I think my self bound where there is commune periculum there must be commune auxilium I Cannot forget that duty I owe to my Countrey and unless we be secured against our Liberties we cannot give I speak not this to make diversions but to the end that giving I may give cheerfully As for the Propositions to be considered of I incline to decline them and to look upon the State of our Countrey whether it be fit to give or no Are we come to an end for our Countries Liberties have we trenched on the rates of the Deputy Lieutenants are we secured for time future WE all desire remedies for our Grievances and without them we shall neither be willing nor able to give for my part I heartily desire remedy but which is the best and wisest way that is the question As we have made some progress in our Grievances so let us now go on to supply There is a Proverb Non bis
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort and strong hopes that this will prove as happy a Parliament as ever was in England And in their Consultations for the service of his Majesty and the safety of this Kingdom our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great wisdoms they doubt not have considered a great Body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient Order of their House But it is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded cannot but work in our hearts and we will faithfully report these Passages to our House from whence in due time we hope your Lordships shall receive a contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
and other Lands to the said Title of Earl of Arundel 11. An Act to assure the Joynture of the Lady Francis Nevil and to enable the Lord Abergavenny to sell Lands 12. An Act concerning the Lands of William Earl of Devon 13. An Act to confirm the Estates of the Lord Morlies Tenants in Tatham and Gressingham 14. An Act for reestating of Lands of William Morgan Esq and discharging the trust concerning them 15. A Declararation of the Commons against Doctor Manwaring 16. An Act to enable Dutton Lord Gerrard to make a Joynture to any Wife that he shall hereafter marry and to provide for younger children and the securing of Portions for Alice Frances and Eliz. Gerrard sisters of the said Lord Gerrard 17. An Act for restitution in blood of Carew Rawleigh Esq and to confirm Letters Patents made to the Earl of Bristol by King James 18. An Act for the Naturalizing of Isaac Ashley Henry Ashley Thomas Ashley and Bernard Ashley sons of Sir Jacob Ashley Knight 19. An Act for Naturalizing of Samuel Powel 20. An Act for the naturalizing of Alexander Levingston Gent. 21. An Act for the naturalizing of John Trumbal and of William Beere Edward Beer and Sidney Beere and Samuel Wentworth 22. An Act for the amendment of a word miswritten in an Act made An. 21. Iac. R. to enable Vincent Lowe Esq. to sell Lands c. 23. An Act for naturalizing of Sir Robert Ayton Knight 24. An Act for confirmation of Letters Patents made by King James to John Earl of Bristol 25. An Act for naturalizing of John Aldersey Mary Aldersey Anne Aldersey Eliz. Aldersey and Margaret Aldersey c. 26. An Act for the naturalizing of Daniel Delingue Knight 27. An Act for the naturalizing of Sir Robert Dyel Kt. and George Kirk Esquire 28. An Act for the naturalizing of James Freese In the Interval between the two Sessions there happened many remarkable passages DOctor Manwarings Sermons intituled Religion and Allegiance were suppressed by Proclamation the King declaring that though the grounds thereof were rightly laid to perswade obedience from Subjects to their Sovereign and that for conscience sake yet in divers passages inferences and applications thereof trenching upon the Laws of this Land and proceedings of Parliaments whereof he was ignorant he so far erred that he had drawn upon himself the just censure and sentence of the High Court of Parliament by whose judgement also that Book stands condemned Wherefore being desirous to remove occasions of scandal he thought fit that those Sermons in regard of their influences and applications be totally suppressed Then a Proclamation came forth declaring the Kings pleasure for proceedings with Popish Recusants and directions to his Commissioners for making compositions for two parts of three of their Estates which by Law were due to his Majesty neverthelesse for the most part they got off upon easie tearms by reason of compositions at undervalues and by Letters of Grace and protection granted from time to time to most of the wealthiest of them This was seconded with another Proclamation commanding that diligent search be made for all Priests and Jesuites particularly the Bishop Calcedon and others that have taken Orders by authority from the See of Rome that they be apprehended and committed to the Goale of that County where they shall be found there to remaine without Bayle or Mainprize till they be tryed by due course of Law and if upon trial and conviction there shall be cause to respit the execution of any of them they shall not lie in the Common Goals much lesse wander about at large but according to the example of former times be sent to the Castle of Wisbitch or some other safe prison where they shall remain under strait and close custody and be wholly restrained from exercising their function and spreading their superstitious and dangerous doctrines Hereupon the Privy Councel wrote to the Bishop of Ely a Letter of the tenour following WHereas his Majestie hath beene informed that the Romish Priests Jesuites and Seminaries lurking in this Kingdome do obstinately and maliciously continue their wonted practises to supplant the true Religion established and to seduce his people from obedience stirre up sedition and subvert the State and Government so far as it lieth in their power his Majesty hath therefore commanded us to signifie unto your Lordship that it is his expresse will and pleasure according to his Declaration in Parliament and his Royal Proclamation since published you shall forthwith prepare and make ready the Castle of Wisbitch in the Isle of Ely to receive and lodge all such Priests Jesuites and Seminaries and other prisoners as shall be hereafter sent thither and there treat and governe them according to such instructions and directions as shall be prescribed by this board The Jesuites taken in Clarken-well being then in several prisons it was ordered by the Councel they should all be removed to Newgate and such of them as were not as yet convicted and condemned should be proceeded against untill they were condemned and then that they all should be sent to the Castle of VVisbitch according to the Proclamation in that behalf and the Attorney General was required to take course to entitle the King to the goods taken in the house which was designed for a Colledge and accordingly they were proceeded against and but onely one convicted which proceeding was questioned in the ensuing Session of Parliament And upon Information that there was a greater concourse of Recusants in or near London then had been usual at other times the Privy Councel sent to the Lord Mayor to require him to cause diligent search to be made within the City and Liberties thereof and to finde out what Recusants did inhabit or remaine there as House-keepers Inmates or Lodgers or in any manner and to return a certificate to the board both of their names and qualities distinguishing which were Trades-men that were there by occasion of their Trades according to to the Statute in that behalf and which were of no Trade but resorted thither from other parts of the Kingdom Iuly 15. being St. Swithins day Sir Richard VVeston Chancellor of the Exchequer was made Lord Treasurer of England and the same day was Bishop Laud translated to the Bishoprick of London About the same time Master Montague formerly mentioned was designed to the Bishoprick of Chichester upon the decease of Bishop Carleton Neverthelesse his Appello Caesarem was thought fit to be called in the King declaring that out of his care to maintain the Church in the unity of true Religion and the bond of peace to prevent unnecessary disputes he had lately caused the Articles of Relgion to be reprinted as a rule for avoiding diversities of opinions and considering that a Book written by Richard Montague now Bishop of Chichester intituled Apello Caesarem was the first cause of those disputes and differences which since have much troubled the quiet
the 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