which though it do invite him to render unto you such a satisfaction that he hopes may acquit and restore him to your good opinion and might prevent your proceedings which otherwise by a Parliamentary course are like to follow Yet according to his duty having moved the Lords of the Upper House upon your notice given him they would by no means as things now stand give him leave to answer in regard he is not ignorant you are presently to enter into consideration of his Majesties Message and that by a delay therein your own purposes will be in some sort disappointed and the affairs of Christendome much prejudiced but for that upon a resolution you have deferred and respited that service until those things depending against him be first determined he out of fear that his necessary defence would spin out a great deal of time which is more precious is the willinger to obey their Lordships that so he might hasten without obstacle or interruption given unto him to keep day with his Majesty And this he doth as he conceives to his own infinite prejudice knowing how grievous it is to be transmitted as a Grievance by the voice of this House But he doth profess he will rather hazard the safety of his Fortunes Reputation and himself then to be the least occasion of any that may work dis-affection or mis-understanding between the King and his People And it is his Protestation that whatsoever interruption is made by his actions his endeavors shall be as long as he hath any favor with his gracious Master to take opportunity of doing good offices to this House and of rendring all that he can be able for the safety of the State and the general good of the Common-wealth And this he saith you may the easier beleeve because his Majesty can witness that he hazarded in his Fathers time the loss of the best affection of the best of Masters to obtain for them their desire In this zeal he was desirous to have appeared unto you ever since the beginning of this Parliament and in this zeal he doth now present himself unto you But to return to the main point he lest we should be mistaken gave us occasion in plain words to remember you that it is not he that doth refuse to answer but the Lords commanded him not to answer which he the cheerfullier obeyed in respect of his fidelity to prefer the Universal Weal before his own particular And in the mean time he desireth the charitable opinion of this Noble House until he be convinced that he shall appear not worthy of it which his own innocency maketh him confident that he shall not Whilst the Duke stood ready to be impeacht his Grace propounded to the Lords of the Council to have it moved to the King that in regard of the important services by Sea the usual pay to the Sailers might be raised from Fourteen to Twenty shillings a Moneth which was as much as they ordinarily received for Merchants wages The King being therein moved was consenting Nevertheless multitudes of the pressed Mariners ran away leaving his Majesties Ships unfurnished and his Service disappointed There was a great Debate in the House of Commons Whether the Committee of Twelve where Mr. Glanvile had the Chair shall consider of any new matter not heretofore propounded in the House against the Duke And it was resolved in the Affirmative Mr. Glanvile reports from the Committee the Examination concerning a Plaister and a Posset applied and given to King Iames in his sickness when the Kings sworne Physicians had agreed upon other Directions Hereupon it was resolved That this should be annexed to the Charge against the Duke as a transcendent Presumption of dangerous consequence Hereupon his Majesty sent this Message to the Commons THat he having given way to Enquiry about the Duke of Buckingham and hearing that there is new matter intended to be brought against him nevertheless leaveth the House to their own way to present the business to him or to the Lords withal adviseth them to consider of the season of the year and to avoid all loss of time It was Ordered That thanks should be returned to his Majesty for this Message On Monday the First of May the Gentleman-Usher brought the Earl of Bristol to the Bar according to their Lordships Order and the Lord Keeper acquainted him That the King had commanded his Attorney General to charge the Earl of Bristol before their Lordships with High Treason and other Offences and Misdemeanors of a very high nature that they might proceed in a Legal course against him according to the Justice and usual proceedings of Parliament I. Offences done and committed by the Earl of Bristol before His Majesties going into Spain when he was Prince I. THat the said Earl being trusted and employed by the said late King as his Ambassador to Ferdinando then and now Emperor of Germany and to Philip the Fourth then and now King of Spain in Annis 1621.22 and 23. And having Commission and particular and special Direction to Treat with the said Emperor and the King of Spain for the plenary restoring of such parts of the Dominions Territories and Possessions of the Count Palatine of Rhine who married with the most Excellent Lady Elizabeth his now Royal Consort the onely Daughter of the said late King Iames which were then wrongfully and in hostile manner taken and possessed with and by the Armies of the said Emperor and King of Spain or any other and for preserving and keeping such other parts thereof as were not then lost but were then in the protection of the said late King Iames and to the use of the said Count Palatine and his Children And also to Treat with the said King of Spain for a Marriage to be had between the most High and Excellent Prince Charls then Prince of Wales the onely Son and Heir Apparant of the said King Iames and now our most Soveraign Lord and the most Illustrious Lady Donna Maria the Infanta of Spain Sister to the now King of Spain He the said Earl contrary to his duty and Alleagiance and contrary to the trust and duty of an Ambassador at Madrid in the Kingdom of Spain to advance and further the designs of the said King of Spain against our said Soveraign Lord his Children Friends and Allies falsly willingly and traiterously and as a Traitor to our said late Soveraign Lord the King by sundry Letters and other Messages sent by the said Earl from Madrid in the years aforesaid unto King Iames and his Ministers of State of England did confidently and resolutely inform advise and assure the said late King That the said Emperor and King of Spain would really fully and effectually make restitution and plenary restauration to the said Count Palatine and his Children of the said Dominions Territories and Possessions of the said Count Palatine and of the said Electoral Dignity And that the said King of
Spain did really fully and effectually intend the said Marriage between the said Lady his Sister and the said Prince our now Soveraign Lord according to Articles formerly propounded between the said Kings Whereas in truth the said Emperor and King of Spain or either of them never really intended such restitution as aforesaid And whereas the said King of Spain never really intended the Marriage according to those Articles propounded but the said Emperor and King of Spain intended onely by those Treaties to gain time to compass their own ends and purposes to the detriment of this Kingdom of all which the said Earl of Bristol neither was nor could be ignorant The said late King Iames by entertaining those Treaties and continuing them upon those false Assurances given unto him by the said Earl as aforesaid was made secure and lost the opportunity of time and thereby the said Dominions Territories and Possessions of the said Count Palatine and the Electoral Dignity became utterly lost and some parts thereof were taken out of the actual possession of the said King Iames unto whose protection and safe keeping they were put and committed by the said Count Palatine and the most Excellent Lady Elizabeth his Wife and their Children are now utterly dispossessed and bereaved thereof to the high dishonor of our said late Soveraign Lord King Iames to the disherison of the said late Kings Children and their Posterity of their Antient Patrimony and to the disadvantage and discouraging of the rest of the Princes of Germany and other Kings and Princes in Amity and League with his Majesty II. That the said Earl of Bristol being Ambassador for his late Majesty King Iames as aforesaid in Annis supradictis and having received perfect plain and particular Instructions and Directions from his said late Majesty That he should put the King of Spain to a speedy and punctual Answer touching the Treaties aforesaid And the said Earl well understanding the effect of those Instructions and Directions so given unto him and taking precise knowledge thereof and also knowing how much it concerned his late Majesty in honor and safety as his great Affairs then stood to put these Treaties to a speedy conclusion Yet nevertheless he the said Earl falsly willingly and traiterously contrary to his Alleagiance and contrary to the trust and duty of an Ambassador did continue those Treaties upon Generalities without effectual pressing the said King of Spain unto particular Conclusions according to his Majesties Directions as aforesaid and so the said Earl intended to have continued the said Treaties upon Generalities and without reducing them to Certainties and to direct Conclusions To the high dishonor of his said late Majesty and to the extream danger and detriment of his Majesties person his Crown and Dominions Confederates and Allies III. That the said Earl of Bristol being Ambassador for his said late Majesty as aforesaid in the years aforesaid to the intent to discourage the said late King Iames for the taking up of Arms entring into Hostility with the said King of Spain and for resisting him and his Forces from attempting the Invasion of his said late Majesties Dominions and the Dominions of his said late Majesties Confederates Friends and Allies the said King of Spain having long thirsted after an Universal Monarchy in these Western parts of the World hath many times both by words and Letters to the said late King and his Ministers extolled and magnified the greatness and power of the said King of Spain and represented unto his said late Majesty the supposed dangers which would ensue unto him if a War should happen between them and affirmed and insinuated unto his said late Majesty That if such a War should ensue his said late Majesty during the rest of his life must expect neither to Hunt nor Hawk nor eat his Meat in quiet Whereby the said Earl of Bristol did cunningly and traiterously strive to retard the Resolutions of the said late King to declare himself an enemy to the said King of Spain who under colour of Treaties and Alliances had so much abused him and to resist his Arms and Forces to the loss of opportunity of time which cannot be recalled or regained and to the extream danger dishonor and detriment of this Kingdom IV. The said Earl of Bristol upon his dispatch out of this Realm of England in his Ambassage aforesaid having communication with divers persons in London within this Realm of England before his going into Spain in and about his Ambassage concerning the said Treaty For the Negotiating whereof the said Earl purposely was sent and he the said Earl being then told That there was little probability that these Treaties would or could have any good success he the said Earl acknowledged as much and yet nevertheless contrary to his duty and alleagiance and to the faith and truth of an Ambassador he the said Earl said and affirmed That he cared not what the success thereof would be for he would take care to have his Instructions and to pursue them punctually and howsoever the business went he would make his Fortune thereby or used words at that time to such effect whereby it plainly appeareth That the said Earl from the beginning herein intended not the Service or Honor of his late Majesty but his own corrupt and sinister ends and for his own advancement V. That from the beginning of his Negotiation and throughout the whole managing thereof by the said Earl of Bristol and during his said Ambassage He the said Earl contrary to his faith and duty to God the true Religion professed by the Church of England and the Peace of this Church and State did intend and resolve that if the said Marriage so treated of as aforesaid should by his Ministry be effected that thereby the Romish Religion and Professors thereof should be advanced within this Realm and other his Majesties Realms and Dominions and the true Religion and Professors thereof discouraged and discountenanced And to that end and purpose the said Earl during the time aforesaid by Letters unto his late Majesty and otherwise often counselled and perswaded his said late Majesty to set at liberty the Jesuites and Priests of the Romish Religion which according to the good Religious and Politick Laws of this Kingdom were imprisoned or restrained and to grant and to allow unto the Papists and Professors of the Romish Religion free Toleration and silencing of all the Laws made and standing in force against them VI. That by the false Informations and Intelligence of the said Earl of Bristol during the time aforesaid unto his said late Majesty and to his Majesty that now is being then Prince concerning the said Treaties and by the Assurances aforesaid given by the said Earl his said late Majesty and the Prince his now Majesty being put into hopes and by the said long delay used without producing any effect their Majesties being put into jealousies and just suspition that there was no such sincerity
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. Sherâ—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
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
then to believe That the said ships were never meant or any way in danger to be imployed against the Rochellors or those of our Religion in France and herein he did great injury and disservice to his Majesty to the great scandal and prejudice of our Religion and Affairs and highly abused both the Lords and Commons by this cautelous and subtile Speech and Insinuation and thereby gave both Houses occasion to forbear Petitioning or suing to his Majesty for Redress in this Business while the time was not then passed for the ships were not as then actually imployed against the Rochellors albeit in truth they were then delivered into the French Kings power And the same time before the Parliament was dissolved Captain Pennington who could have opened the whole truth of the business for the Service of the King and the Realm came to Oxford but was there drawn to conceal himself by means of the Duke and not to publish in due time his knowledge of the Premisses as was there shortly after reported The truth whereof the Lords in this Parliament may be pleased to examine as they shall see cause the Parliament at Oxford being shortly after viz. Aug. 12. unhappily dissolved In or about September 1625. The said ships were actually imployed against the Rochellors and their Friends to their exceeding great prejudice and almost utter ruine It hath been said by some of the French that the Vantguard she mowed them down like grass To the great dishonor of our Nation and the scandal of our Religion and to the disadvantage of the great affairs of this Kingdom and all Christendom Also the Ships themselves were in eminent peril to be utterly lost for lack of sufficient Cautions If they be come home since this Parliament sate down long after the matter was here expounded and taken into examination It may be well presumed that it is by some underhand procuring of the Duke and the secret complying of the French with him to colour out the matter which the Lords may examine as they see cause The one and onely English-man that presumed to stay in one of the Ships and serve against the poor Rochellors of our Religion at his return was slain in charging a Peece of Ordnance not by him well sponged In February last 1625. Monsieur de la Touche having speech with Master Thomas Sherwell a Member of the Commons House of Parliament at Salisbury as he was coming up to the Parliament and Monsieur de la Touche going down into Somerset-shire to Master John Pawlets to Monsieur Sobysa He told Master Sherwell in the hearing also of one Master Iohn Clements of Plymouth who is now in Town the words that the Duke had spoken to him the last Summer touching these Ships and thereupon used these words Ce Duque est un meshant homme Upon this whole Narration of the Fact touching the manner of Delivery of the Ships to the French divers things may be observed wherein the Dukes offences do consist As In betraying a Ship of the Kings Royal Navy unto a Foreign Princes hand without good Warrant for the same The dispossessing the Subjects of this Realm of their Ships and Goods by many artifices and subtilties and in conclusion with high hand and open violence against the good will of the Owners In breaking the duty of Lord Admiral and Guardian of the Ships and Seas of this Kingdom In varying from the original good Instructions and presuming to give others of his own head in matters of State In violating the duty of a sworne Privy-Counsellor to his Majesty In abusing both Houses of Parliament by a cautelous Misinformation under a colour of a Message from his Majesty And in disadvantaging the Affairs of those of our Religion in Foreign parts Offences of an high and grievous nature For the proof of some parts thereof which are not the least I offer to your Lordships consideration the Statute of the 2 3 E. 6. touching the Duke of Somerset wherein is recited That amongst other things he did not suffer the Piers called the Newhaven and Blackerst in the parts beyond the Seas to be furnished with victuals and money whereby the French were encouraged to invade and win the same Aud for this offence amongst others it was Enacted That a great part of his Land should be taken from him And if Non-feazance in a matter tending to lose a fixed Castle belonging to the King be an high offence then the actual putting of a Ship Royal of the Kings into the hand of a Foreign Prince which is a moveable and more useful Castle and Fortress of the Realm must needs be held a greater offence I will forbear to cite any more Presidents of this kind because some of those who have gone before me have touched at divers Presidents of this nature which may be applied to this my part Only because the abuse of the Parliament which is the chiefest Council of State and Court of Judicature in the Realm is not the least offence in this business I shall desire your Lordships to take into consideration the Statute of Westm. 1. cap. 30. whereby such as seem to beguile Courts of Justice are to be sore judged in the same Courts and punished as by that Statute appeareth So he concluded and left the Duke to their Lordships equal Justice The Ninth and Tenth Articles were read next IX Whereas the Titles of Honor of this Kingdom of England were wont to be conferred as great Rewards upon such vertuous and industrious Persons as had merited them by their faithful service The said Duke by his importunate and subtile procurement hath not only perverted that antient and most honorable way but also unduly for his own particular gain he hath enforced some that were rich though unwilling to purchase Honor As the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth year of Reign of the late King Iames of famous memory and there so threatened and dealt withall that by reason thereof he yielded to give and accordingly did pay the sum of Ten thousand pounds to the said Duke and to his use For which said sum the said Duke in the moneth of Ianuary in the Two and twentieth year of the said lake King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in his particular so the Example thereof tendeth to the prejudice of the Gentry and dishonor of the Nobility of this Kingdom X. Whereas no Places of Judicature in the Courts of Justice of our Soveraign Lord the King nor other like Preferments given by the Kings of this Realm ought to be procured by any Subject whatsoever for any Reward Bribe or Gift He the said Duke in or about the moneth of December in the Eighteenth year of the Reign of the late King Iames of famous
for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation oâ— the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
which your self shall discover And you shall advertise me of whatsoever you shall understand the learn governing your self in all occurrents with that wariness and discretion as your zeal to my service doth assure me of These were the Arts of Spain to corrupt divers in the Court of England Buckingham and his Dependants followed the Kings inclinations The Duke of Lenox Marquis Hamilton and William Earl of Pembroke disliking the Kings course did not contest with him but only intimated their dissent It was said of Gondomar That when he returned into Spain he gave in his Account of Disbursments for Pensions given in England amongst others To Sir Robert Cotton 1000 l. a person of great Integrity and one who was ever averse to the House of Austria Which Sir Robert getting notice of by the English Agent then in Spain demanded reparation which was obtained but with a salvo to the Ambassadors honor the error being said to be committed by a Dependent upon the Ambassador and not by himself The King being jealous of uncomptrolled Soveraignty and impatient of his Peoples intermedling with the Mysteries of State had fallen into a great dislike of Parliaments and for many years before had given way to Projects and Monopolies And many of his Ministers perhaps fearing an enquiry into their own actions might suggest to him that he might better furnish himself by those ways and the Match now in treaty then by Subsidies usually accompanied with the redress of Grievances Nevertheless he was now minded to call a Parliament conceiving it might be of special use For he observed the affections of the People to be raised for the Recovery of the Palatinate and then concluded that those affections would open their purses to the supply of his wants and the Treaty with Spain would effect the business without the expence and troubles of War and the good accord between him and his people would quicken the Spaniard to conclude the Match And accordingly Writs were issued forth to assemble them the 30. of Ianuary In the calling of this Parliament he recommended to his Subjects the choice of such Members as were of the wisest gravest and best affected people neither superstitious nor turbulent but obedient Children to this their Mother-Church In the mean while in Germany the Protestant Union continually declined by the gradual falling away of the several partakers The Elector of Saxony reduced the remainder of Lusatia The Province of Moravia upon the approach of Buquoy seeing the Count de Latiere came not in to their succor prayed that they might enjoy their Priviledges in matter of Religion and be received into the Emperors grace and favor which submission was well received at Vienna Likewise the States of Silesia failing of assistance from the Elector Palatine were constrained to make their peace Then the Palatine propounded to the Elector of Saxony an Overture of Peace declaring That he took the Crown upon him to preserve the Protestants in the free exercise of their Religion The Saxon replied That he had no way to make his Peace but to renounce the Kingdom of Bohemia and the Provinces Incorporate and to beg the Emperors pardon Afterwards the Elector Palatine goeth to Brandenburgh and then to Segenburgh where there was an Assembly of Princes and States Protestant to oppose the exploits of Spinola In the mean while Count Mansfield stirs in Bohemia pillages several Towns and the Goods of all those that cryed God save King Ferdinand The relation of England to these affairs of Foreign States had caused a general liberty of discourse concerning matters of State which King Iames could not bear but by Proclamation commanded all from the highest to the lowest not to intermeddle by Pen or Speech with State-concerments and secrets of Empire either at home or abroad which were no fit Themes or Subjects for Vulgar persons or Common meetings On the Thirtieth day of Ianuary the Parliament began to sit and the King came in person and made this Speech MY Lords Spiritual and Temporal and you the Commons Cui multiloquio non deest peccatum In the last Parliament I made long discourses especially to them of the Lower House I did open the true thoughts of my heart but I may say with our Saviour I have piped to you and you have not danced I have mourned and you have not lamented Yet as no mans actions can be free so in me God found some spices of vanity and so all my sayings turned to me again without any success And now to tell the reasons of your calling and this meeting apply it to your selves and spend not the time in long Speeches Consider that the Parliament is a thing composed of a Head and a Body The Monarch and the Two Estates It was first a Monarchy then after a Parliament There are no Parliaments but in Monarchical Governments For in Venice the Netherlands and other Free Governments there are none The Head is to call the Body together And for the Clergy the Bishops are chief for Shires their Knights and for Towns and Cities their Burgesses and Citizens These are to treat of difficult matters and to counsel their King with their best advice to make Laws for the Commonweal And the Lower House is also to petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative They are to offer supply for his Necessity and he to distribute in recompence thereof Justice and Mercy As in all Parliaments it is the Kings office to make good Laws whose fundamental cause is the Peoples ill manners so at this time that we may meet with the new Abuses and the incroaching Craft of the times Particulars shall be read hereafter As touching Religion Laws enough are made already It stands in two points Perswasion and Compulsion Men may perswade but God must give the blessing Iesuites Priests Puritans and Sectaries erring both on the right hand and left hand are forward to perswade unto their own ends and so ought you the Bishops in your example and preaching But Compulsion to obey is to bind the Conscience There is talk of the Match with Spain But if it shall not prove a Furtherance to Religion I am not worthy to be your King I will never proceed but to the glory of God and content of my Subjects For a Supply to my Necessities I have reigned Eighteen years in which time you have had Peace and I have received far less supply than hath been given to any King since the Conquest The last Queen of famous memory had one year with another above a Hundred thousand pounds per annum in Subsidies And in all my time I have had but Four Subsidies and Six Fifteens It is Ten years since I had a Subsidy in all which time I have been sparing to trouble you I have turned my self as nearly to save expences as I may I have abated much in my Household expences in my
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
and Doctor Stuart to inform him of the nature of this cause and the scandal that might arise thereupon and to certifie what the same may amount unto whither to an irregularity or otherwise and what means may be found for redress However this consultation was managed the Archbishop was not deprived but a Plant was growing up that over-topped him whilst he lived and after his decease obtained the Primacy Doctor Laud who was first chosen to the Bishoprick of St. Davids by the Mediation of the Lord Keeper Williams and was consecrated by the Bishops of London Worcester Chichester Ely Landaff and Oxon the Archbishop in the mean time was not thought irregular for the Casual Homicide This Bishop Doctor Laud was looked upon in those times as an Arminian and a fierce opposer of Puritans and while he lived in Oxford suspected to incline to Popish Tenents as may appear by his Letter of Complaint sent to his Patron Doctor Neal then Bishop of Lincoln against a Sermon preached by Robert Abbot Doctor of the Chair in Oxford in which Letter he inclosed this amongst other Passages of the Doctors Sermon viz. That men under pretence of Truth and Preaching against the Puritans strike at the heart and root of Faith and Religion now established among us That this Preaching against the Puritans was but the practice of Parsons and Campions counsel when they came into England to seduce yong Students And when many of them were afraid to lose their places if they should professedly be thus the counsel they then gave them was That they should speak freely against the Puritans and that should suffice And they cannot intend that they are accounted Papists because they speak against the Puritans But because they indeed are Papists they speak nothing against them If they do at any time speak against the Papists they do beat a little upon the Bush and that softly too for fear of troubling or disquieting the Birds that are in it I Came time enough saith Mr. Laud to be at the rehearsal of this Sermon upon much perswasion where I was fain to sit patiently and hear my self abused almost an hour together being pointed at as I sate For this present abuse I would have taken no notice of it but that the whole University apply it to me and my own Friends tell me I shall sink my credit if I answer not Dr. Abbot in his own Nevertheless in a business of this kinde I will not be swayed from a patient course onely I desire your Lordship to vouchsafe me some direction what to do c. The Arminian Sect opposed by King Iames and by his special concurrence lately broken in the Netherlands by the beheading of Barnevalt the cheif of them began in his latter times to spring up in England and was countenanced by the said Prelate who had newly obtained the opinion and favor of the Marquess of Buckingham The Kings main design then not suffering the suppressing of that way which in common judgment was inclined to Popery or he thought to recover all his losses and to salve all misfortunes by the Spanish Match And for this cause he released multitudes of Priests and Popish Recusants then imprisoned which the Spaniards professed to be a great demonstration of the Kings sincere affection to confirm the correspondence and amity between the Crowns And that this enlargement might be the more expedite and less chargeable the King gave directions to the Lord Keeper Williams Bishop of Lincoln THat whereas he had formerly given order for the release of Recusants by removing them from the several Goals of this Kingdom to be bailed before the Justices of his Bench And finding that this course will be troublesome to the poorer sort of them he doth now require that Writs be directed to the Justices of Assizes enabling and requiring them to enlarge such Recusants as they shall finde in their several Goals upon such conditions and securities as were required by the Judges of his Bench. Accordingly the Writs were issued forth under the Great Seal and the Lord Keeper wrote to the Judges on this manner THat the King having upon deep Reasons of State and in expectation of the like correspondence from Forein Princes to the Professors of our Religion resolved to grant some Grace to the imprisoned Papists had commanded him to pass some Writs under the Broad Seal for that purpose Wherefore it is his Majesties pleasure that they make no niceness or difficulty to extend his Princely favor to all such as they shall finde prisoners in the Gaols of their Circuits for any Church Recusancy or refusing the Oath of Supremacy or dispersing of Popish Books or any other point of Recusancy that shall concern Religion onely and not matters of State But a general offence was taken at this Indulgence to Papists and the Lord Keepers Letter to the Judges which how the Keeper endevored to renounce may be seen in his Letter written to a Person of Honor. AS the Sun in the Firmament appears unto us no bigger then a Platter and the Stars are but as so many Nails in the Pummel of a Saddle because of the enlargement and disproportion between our eye and the object So is there such an unmeasurable distance between the deep resolution of a Prince and the shallow apprehensions of common and ordinary people That as they will ever be judging and censuring so they must needs be obnoxious to error and mistaking The King is now a most Zealous Intercessor for some case and refreshment to all the Protestants in Europe which were unreasonable if he did now execute the rigor of his Laws against the Roman Catholicks Our Viperous Countrymen the English Iesuites in France had many moneths before this favor granted invited the French King by writing a malicious Book to put all the Statutes in execution against the Protestants in those parts which were Enacted in England against the Papists and as they falsly informed severely executed Besides these Papists are no otherwise out of prison then with their shackles about their heels sufficient Sureties and good Recognizances to present themselves at the next Assizes and their own demeanor and the success of his Majesties Negotiations must determine whether they shall continue in this Grace But to conclude from the favor done to the English Papists that the King savors the Romish Religion is a composition of Folly and Malice little deserved by a gratious Prince who by Word Writing Exercise of Religion and Acts of Parliament hath demonstrated himself so resolved a Protestant As for his own Letter to the Iudges he said it recited onely four kindes of Recusancy capable of the Kings clemency not so much to include them as to exclude many other Crimes bearing the name of Recusancy as using the Function of a Romish Priest seducing the Kings Leige-people from the established Religion aspersing the King Church or State or the present Government All which Offences being
sent from England This magnificent Entertainment and the universal Joy in Spain was grounded on the hope of the Prince's turning Catholick For the voice of the people went That he was come to be a Christian And the Conde Olivares when he gave him the first Visit did congratulate his Arrival with these expressions That the Match should be made presently and that the Kings of Spain and England should divide the World between them For that he did not question but he came thither to be of their Religion Whereunto the Prince answered That he came not thither for Religion but for a Wife But there wanted no endeavors to reconcile the Prince and by him the British Dominions to the Sea of Rome Gregory the Fifteenth then Pope exhorted the Bishop of Conchen Inquisitor-General of Spain to improve the opportunity And he sought to charm the Prince by writing a very smooth Letter to him Yea he condescended to write to Buckingham his Guide and Familiar to incline him to the Romish religion And the Pope also wrote a Letter to the Prince the tenor whereof followeth MOst Noble Prince We wish you the health and light of Gods grace Forasmuch as Great Britain hath always been fruitful in vertues and in men of great worth having filled the one and the other World with the glory of her renown She doth also very often draw the thoughts of the Holy Apostolical Chair to the consideration of her praises And indeed the Church was but then in her infancie when the King of Kings did choose her for his inheritance and so affectionately that 't is believed the Roman Eagles were hardly there before the Banner of the Cross. Besides that many of her Kings instructed in the knowledge of the true salvation have preferred the Cross before the Royal Scepter and the Discipline of Religion before Covetousness leaving examples of piety to other Nations and to the Ages yet to come So that having merited the Principalities and first places of blessedness in Heaven they have obtained on Earth the triumphant ornaments of Holiness And although now the state of the English Church is altered We see nevertheless the Court of Great Britain adorned and furnished with Moral vertues which might serve to support the charity we bear unto her and be an ornament to the name of Christianity if withall she could have for her defence and protection the Orthodox and Catholick truth Therefore by how much the more the glory of your most Noble Father and the apprehension of your Royal inclination delights us with so much more zeal we desire that the gates of the Kingdom of Heaven might be opened unto you and that you might purchase to your self the love of the Universal Church Moreover it being certain that Gregory the Great of most blessed memory hath introduced to the people of England and taught to their Kings the law of the Gospel and the respect of Apostolical authority We as inferior to him in holiness and vertue but equal in name and degree of dignity think it very reasonable that we following his blessed footsteps should endeavor the salvation of those Provinces especially at this time when you design most Noble Prince elevates us to the hope of an extraordinary advantage Therefore as you have directed your journey to Spain towards the Catholick King with desire to ally your self to the House of Austria We do commend your design and indeed do testifie openly in this present business that you are he that takes principal care of our Prelacy For seeing that you desire to take in marriage the Daughter of Spain from thence we may easily conjecture that the antient seeds of Christian piety which have so happily flourished in the hearts of the Kings of Great Britain may God prospering them revive again in your soul. And indeed it is not to be believed that the same man should love such an Alliance that hates the Catholick Religion and should take delight to oppress the Holy Chair To that purpose we have commanded that most humble prayers be made continually to the Father of lights that he would be pleased to put you as a fair Flower of Christendom and the onely Hope of Great Britain in possession of that most noble Heritage which your Ancestors purchased for you to defend the authority of the Soveraign High-Priest and to fight against the Monsters of Heresie Remember the days of old enquire of your Fathers and they will tell you the way that leads to Heaven and what way the Temporal Princes have taken to attain to the everlasting Kingdom Behold the gates of Heaven opened The most holy Kings of England who came from England to Rome accompanied with Angels did come to honor and do homage to the Lord of Lords and to the Prince of the Apostles in the Apostolical Chair their actions and their examples being as so many voices of God speaking and exhorting you to follow the course of the lives of those to whose Empire you shall one day attain Is it possible that you can suffer that the Hereticks should hold them for impious and condemn those whom the faith of the Church testifies to reign in the Heavens with Iesus Christ and have command and authority over all Principalities and Empires of the Earth Behold how they tender you the hand of this truly happy Inheritance to conduct you safe and sound to the Court of the Catholick King and who desire to bring you back again into the lap of the Roman Church beseeching with unspeakable sighs and groans the God of all mercy for your salvation and do stretch out to you the arms of the Apostolical charity to embrace you with all Christian affection even you that are her desired Son in shewing you the happy hope of the Kingdom of Heaven And indeed you cannot give a greater consolation to all the people of the Christian world then to put the Prince of the Apostles in possession of your most noble Island whose authority hath been held so long in the Kingdom of Britain for the defence of Kingdoms and for a Divine Oracle The which will easily come to pass and that without difficulty if you open your heart to the Lord that knocks upon which depends all the happiness of that Kingdom It is from this our great charity that we cherish the praises of the Royal Name and that which makes us desire that you and your Royal Father may be stiled with the names of Deliverers and Restorers of the antient and paternal Religion of Great Britain This is it we hope for trusting in the goodness of God in whose hands are the hearts of Kings and who causeth the people of the earth to receive healing to whom we will always labour with all our power to render you gracious and favorable In the interim take notice by these Letters of the care of our charity which is none other then to procure your happiness And it will never grieve us
I deserved better at their hands After this the King purposing to signifie to the King of Spain That his Parliament had advised him to break off the Treaties and to recover the Palatinate by War The notice of a sharp Petition against Popish Recusants framed by the House of Commons and sent up to the Lords for their Concurrence did a little stagger his Resolution as appeareth by the following Letter written with his own hand to Secretary Conway I Doubt not but you have heard what a stinging Petition against the Papists the Lower House have sent to the Higher House this day that they might joyntly present it unto me Ye know my firm resolution not to make this a War of Religion and seeing I would be loth to be Coney-catched by my people I pray you stay the Post that is going to Spain till I meet with my Son who will be here to morrow morning Do it upon pretext of some more Letters ye are to send by him and if he should be gone hasten after him to stay him upon some such pretext and let none living know of this as you love me And before two in the afternoon to morrow you shall without fail hear from me Farewell James R. The Petition which the King called a stinging one was intended to be presented to his Majesty from both Houses in form as followeth May it please your most Excellent Majesty WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled having to our singular Comfort received your Princely Resolution upon our humble Petition to dissolve the two Treaties of the Match and of the Palatinate and having on our parts with all alacrity and readiness humbly offered our assistance to your Majesty to maintain the War which may ensue thereupon Yet withal sensibly finding what Seditious and Traiterous Positions those Incendiaries of Rome and professed Engines of Spain the Priests and Iesuites infuse into your natural born Subjects what numbers they have seduced and do daily seduce to make their dependance on the Pope of Rome and King of Spain contrary to their Allegiance to your Majesty their Liege Lord What daily resort of Priests and Iesuites into your Kingdoms what Concourse of Popish Recusants much more then usual is now in and about the City of London what boldness yea what insolency they have discovered out of the opinion conceived of their foreign Patronage what publick resort to Masses and other Exercises of the Popish Religion in the houses of foreign Ambassadors there is daily to the great grief and offence of your good Subjects what great preparations are made in Spain sit for an Invasion the bent whereof is as probable to be upon some part of your Majesties Dominions as upon any other place what encouragement that may be to your Enemies and the Enemies of your Crown to have a party or but the opinion of a party within your Kingdoms who do daily increase and combine themselves together for that purpose what disheartening of your good and loving Subjects when they shall see more cause of fear from their false-hearted Countreymen at home then from their professed Adversaries abroad what apparent dangers by Gods providence and your Majesties wisdom and goodness they have very lately escaped which the longer continuance upon those Treaties upon such unfitting Conditions fomented by your own ill-affected Subjects would surely have drawn upon your Majesty and your State Do in all humbleness offer unto your sacred Majesty these their humble Petitions following I. That all Iesuites and Seminary Priests and all others having taken Orders by any Authority derived from the Sea of Rome may by your Maiesties Proclamation be commanded forthwith to depart out of this Realm and all other your Highness ' s. Dominions and neither they nor any other to return or come hither again upon peril of the severest penalty of the Laws now in force against them and that all your Majesties Subjects may hereby also be admonished not to receive entertain comfort or conceal any of that viperous brood upon penalties and forfeitures which by the Lawes may be imposed upon them II. That your Majesty would be pleased to give streight and speedy charge to the Iustices of Peace in all parts of this Kingdom that according to the Laws in that behalf made and the Orders taken by your Majesties Privy-Councel heretofore for policy of State they do take from all Popish Recusants legally convicted or justly suspected all such Armor Gunpowder and Munition of any kinde as any of them have either in their own hands or in the hands of any other for them and to see the same safely kept and disposed according to the Law leaving for the necessary defence of their house and persons so much as by the Law is prescribed III. That your Majesty will please to command all Popish Recusants and all other who by any Law or Statute are prohibited to come to the Kings Court forthwith under pain of your heavy displeasure and severe Execution of your Laws against them to retire themselves their wives and families from or about London to their several dwellings or places by your Laws appointed and there to remain confined within five miles of their dwelling places according to the Lawes of this your Realm And for that purpose to discharge all By-past Licences granted unto them for their repair hither And that they presume not any time hereafter to repair to London or within ten miles of London or to the Kings Court or to the Princes Court wheresoever IV. That your Majesty would forbid and restrain the great resort and concourse of your own Subjects for the hearing of Masse or other Exercises of the Romish Religion to the houses of foreign Ambassadors or Agents residing here for the service of their several Princes or States V. That where of late in several Counties in this Realm some have been trusted in the places of Lord-Lieutenants Deputy-Lieutenants Commissioners of Oyer and Terminer Iustices of Peace and Captains of their Countries which are either Popish Recusants or Non-Communicants by the space of a year now last past or which do not usually resort to the Church to Divine service and can bring no good Certificate thereof that your Majesty would be pleased to discharge them from these places of trust by which they have that power in the Countrey where they live as is not fit to be put into the hands of persons so affected VI. That your Majesty would be pleased generally to put the Lawes in due Execution which are made and stand in force against Popish Recusants And that all your Iudges Iustices and Ministers of Iustice to whose care these things are committed may by your Maiesties Proclamation be commanded to do their duty therein VII That seeing we are thus happily delivered from that danger which these Treaties now dissolved and that use which your ill-affected Subiects made thereof would certainly have
of your Honors and mine own I must intreat you likewise to consider of the Times we are in how that I must adventure your lives which I should be loth to do should I continue you here long and you must venture the Business if you be slow in your resolutions Wherefore I hope you will take such grave Counsel as you will expedite what you have in hand to do Which will do me and your selves an infinite deal of honor You in shewing your love to me and me that I may perfect that work which my Father hath so happily begun Last of all Because some malicious men may and as I hear have given out that I am not so true a Keeper and Maintainer of the true true Religion that I profess I assure you that I may with S. Paul say that I have been trained up at Gamaliels feet And although I shall be never so arrogant as to assume unto my self the rest I shall so far shew the end of it that all the World may see that none hath been nor ever shall be more desirous to maintain the Religion I profess then I shall be Now because I am unfit for much speaking I mean to bring up the fashion of my Predecessors to have my Lord Keeper speak for me in most things Therefore I have commanded him to speak something unto you at this time which is more for formality then any great matter he hath to say unto you Then the Lord Keeper Coventry declared That the Kings main reason of calling the Parliament besides the beholding of his Subjects faces was to mind them of the great Engagements for the Recovery of the Palatinate imposed on his Majesty by the late King his Father and by themselves who brake off the two Treaties with Spain Also to let them understand That the succeeding Treaties and Alliances the Armies sent into the Low-Countries the repairing of the Forts and the Fortifying of Ireland do all meet in one Centre The Palatinate And that the Subsidies granted the last Parliament are herein already spent whereof the Accompt is ready together with as much more of the Kings own Revenue His Lordship further commended three Circumstances First The Time All Europe being at this day as the Pool of Bethesda the first stirring of the waters must be laid hold on Wherefore his Majesty desires them to bestow this Meeting on him or rather on their Actions and the next shall be theirs as soon and as long as they please for Domestick business Secondly Supply If Subsidies be thought too long and backward his Majesty desires to hear and not to propound the way Thirdly The Issue of Action which being the first doth highly concern his Majesties Honor and Reputation for which he relies upon their Loves with the greatest confidence that ever King had in his Subjects witness his Royal Poesie Amor Civium Regis Munimentum And he doubts not but as soon as he shall be known in Europe to be their King so soon shall they be known to be a loving and loyal Nation to him Iune 21. The Commons presented Sir Thomas Crew Knight and Serjeant at Law for their Speaker who was also Speaker in the last Parliament of King Iames and his Majesty approved the Choice After the House of Commons had setled their General Committees there were various Debates amongst them Some insisted upon the Grievances mentioned but not redressed by King Iames in the last Parliament others pressed for an accompt of the last Subsidies granted for recovery of the Palatinate others for the putting of Laws in execution against Priests and Jesuits and such as resorted to Ambassadors Houses and the questioning of Mr. Richard Montague for his Book intituled An Appeal to Caesar which as they said was contrived and published to put a jealousie between the King and his well-affected Subjects and contained many things contrary to the Articles of Religion established by Parliament and that the whole frame thereof was an encouragement to Popery Others again declared how the King no sooner came to the Crown but he desired to meet his people in Parliament it being the surest way to preserve a right understanding between him and them that since he began to reign the Grievances are few or none and when he was Prince he was observed to be very instrumental in procuring things for the Subjects benefit Wherefore it will be the wisdom of this House to take a course to sweeten all things between King and People and to express their duty to the King by giving Supply and therewith to offer nothing but a Petition for Religion that Religion and Subsidies may go hand in hand And whatsoever they did it was needful to do it quickly considering how greatly the Plague increased and the Bell was tolling every minute while they were speaking The Commons moved the Lords to joyn in a Petition to the King for a Publick Fast whereunto their Lordships readily concurred and the King consenting a Proclamation was issued forth for a Fast throughout the Kingdom Several particular Committees were appointed One to enquire of the Subsidies given the last Parliament another to consider of Tonnage and Poundage The Imposition on Wines was Voted upon the Merchants Petition to be presented as a Grievance Sir Edward Cook went to the House of Peers with a Message from the Commons desiring their concurrence in a Petition concerning Religion and against Recusants which being agreed unto and presented to the King his Majesty answered That he was glad that the Parliament was so forward in Religion and assured them they should finde him as forward that the Petition being long could not be presently answered Mr. Richard Montague was brought to the Bar of the Commons House for his fore-named Book This Cause began in the One and twentieth of King Iames when he had published a former Book which he named A New Gagg for an Old Goose in answer to a Popish Book entituled A Gagg for the New Gospel The business was then questioned in Parliament and committed to the Archbishop of Canterbury and ended in an Admonition given to Montague Afterwards the Bishops of the Arminian Party consulting the Propagation of the Five Articles condemned in the Synod of Dort concluded that Mr. Montague being already engaged in the quarrel should publish this latter Book at first attested by their Joynt-Authorities which afterwards they withdrew by subtilty having procured the Subscription of Doctor Francis White whom they left to appear alone in the Testimony as himself ofttimes complained publickly The Archbishop disallowed the Book and sought to suppress it nevertheless it was Printed and Dedicated unto King Charles whereby that party did endeavor to engage him in the beginning of his Reign The House appointed a Committee to examine the Errors therein and gave the Archbishop thanks for the admonition given to the Author whose Books they Voted to be contrary to the Articles established by
was done to this effect THat our Soveraign Lord King Iames of Famous Memory at the Suit of both Houses of Parliament and by the powerful operation of his Majesty that now is gave consent to break off the Two Treaties with Spain touching the Match and the Palatinate and to vindicate the many wrongs and scorns done unto his Majesty and his Royal Children Besides if the King of Spain were suffered to proceed in his Conquests under pretence of the Catholick Cause he would become the Catholick Monarch which he so much affects and aspires unto Also amidst these Necessities our late King considered That he might run a hazard with his people who being so long inured to Peace were unapt to War that the uniting with other Provinces in this undertaking was a Matter of exceeding Difficulty This drew him to new Treaties for regaining his Children right which were expulsed by the Friends and Agents of Spain and wherein his Majesty proceeded as far as the wisest Prince could go and suffered himself to be won unto that which otherwise was impossible for his Royal Nature to endure He considered also the many Difficulties abroad the Duke of Bavaria by Force and Contract had the Palatinate in his own possession most of the Electors and Princes of Germany were joyned with him The Estates of the other Princes most likely to joyn in a War of Recovery were seized and secured and all by a Conquering Army Besides the Emperor had called a Diet in which he would take away all possibility of recovering the Honor and Inheritance of the Palatinate thus it stood in Germany And in France the King there chose to sheath his Sword in the Bowels of his own Subjects rather then to declare against the Catholick Cause In the Low-Countreys the Sect of the Arminians prevailed much who inclined to the Papists rather then to their own safety notwithstanding that the Enemy had a great and powerful Army near them so that his Majesty was inforced to Protect and Countenance them with an Army of Six thousand from hence with a Caution of the like Supply from thence if required Moreover he sought Alliance with France by a Match for his Royal Majesty that now is thereby to have Interest in that King and to make him a Party The last consideration was his Majesties own Honor who had labored with the two Kings of Denmark and Sweden and the German Princes from whom he received but cold Answers they refusing to joyn unless they first saw his Majesty in the Field But of this he was very tender unless the League were broken or he first warred upon The Forces of an Army were considered and the way of proceeding whether by Invasion or Diversion The Charges thereof appeared in Parliament to be Seven hundred thousand pounds a year besides Ireland was to be fortified the Forts here repaired and a Navy prepared he thought it feasible to enter into a League with the French King and the Duke of Savoy and Venice Hereupon an Army was committed to Count Mansfield the charge whereof came to Seventy thousand pounds a Moneth for his Majesties part also he commanded the preparing of this great Fleet All which so heartned the Princes of Germany that they sent Ambassadors to the Kings of Denmark and Sweden and those two Kings offered a greater Army both of Horse and Foot to which his Majesty was to pay a proportion Count Mansfields Army though disastrous produced these happy effects First It prevented the Diet intended by the Emperor Secondly The German Princes gained new courage to defend themselves and oppose their Enemies Thirdly The King of Denmark hath raised an Army with which he is marched in person as far as Minden Moreover the Confederates of France and Italy have prosecuted a War in Milan and Peace is now made by the French King with his own Subjects so that by this means breath is given to our Affairs This Parliament is not called in meer Formality upon his Majesties first coming to the Crown but upon these Real Occasions to consult with the Lords and Commons Two Subsidies are already given and gratiously accepted but the Moneys thereof and much more are already disbursed A Fleet is now at Sea and hastning to their Rendezvous the Army is ready at Plimouth expecting their Commanders His Majesties Honor Religion and the Kingdomes safety is here engaged besides he is certainly advised of Designs to infest his Dominions in Ireland and upon our own Coasts and of the Enemies increase of Shipping in all parts These things have called the Parliament hither and the present Charge of all amounts to above Four hundred thousand pounds the further prosecution whereof the King being unable to bear hath left it to their Consultations His Majesty is verily perswaded That there is no King that loves his Subjects Religion and the Laws of the Land better then himself and likewise that there is no people that better loves their King which he will cherish to the uttermost It was thought that this place had been safe for this Assembly yet since the Sickness hath brought some fear thereof his Majesty willeth the Lords and Commons to put into the Ballance with the fear of the Sickness his and their great and weighty occasions Then the Lord Treasurer added That the late King when he died was indebted to the City of London 120000 l. besides Interest and indebted for Denmark and the Palatinate 150000 l. and indebted for his Wardrobe 40000 l. That these debts lie upon his Majesty that now is who is indebted upon London 70000 l. That he hath laid out for his Navy 20000 l. and 20000 l. for Count Mansfield And for Mourning and Funeral expences for his Father 42000 l. For expences concerning the Queen 40000. The Navy will require to set it forth in that Equipage as is requisit for the great Design his Majesty hath in hand and to pay them for the time intended for this Expedition 300000 l. After this Conference the Commons fell into high Debates alleaging That the Treasury was mis-employed that evil Councels guided the Kings Designs that our Necessities arose through Improvidence that they had need to Petition the King for a strait hand and better Counsel to Manage his Affairs And though a former Parliament did engage the King in a War yet if things were managed by contrary Designs and the Treasure misemployed This Parliament is not bound by another Parliament to be carried blindfold in Designs not guided by sound Counsel and that it is was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances redressed There were many Reflections upon the Dukes miscarriages likewise they reassumed the Debate concerning Montague and they resolved That Religion should have the first place in their Debates and next unto it the Kingdoms Safety and then Supplies Other particulars were likewise insisted on That the King be desired to Answer in full Parliament to the Petition
require of you by these Presents is Which we do promise in the name of Us our Heirs and Successors to repay to you or your Assigns within Eighteen moneths after the paiment thereof unto the Collector The person whom we have appointed to collect it is To whose hands we do require you to send it within Twelve days after you have received this Privy-Seal which together with the Collectors Acquittance shall be sufficient Warrant unto the Officers of our Receipt for the repaiment thereof at the time limited Given at c. The Collectors of this Loan were appointed to pay into the Exchequer the Sums received and to return the Names of such as discovered a disposition to delay or excuse the paiment of the Sums imposed Amidst the preparations for War with Spain the Privy-Council issued out Warrants for the disarming of Popish Recusants grounding their Order upon the Petition of the late Parliament HIs Majesty and we of his Council having received information from so many several parts of the bold and impudent spéeches used by many Romish Catholicks of this Realm declaring how much they are offended with the gracious satisfaction given by his Majesty to the Lords and Commons in Parliament in the points concerning the Conservation of true Religion as it is at this day by Authority preached in the Church of England And having just cause to doubt that many violent Papists through the instigation of Iesuited Priests may be inclined to take part with such as we well understand at this time practise with the Kings Subjects to raise stirs and tumults which they do not only foment by perswasions and instigations but with promise of assistance and seconding them with Arms their pretext being Religion but their ends Conquest pushed thereunto by an unlimited Ambition to a General Monarchy of which we have too large and clear proof And although we do not misjudge and condemn all his Majesties Subjects Romish Catholicks but believe that many of them will imploy their Arms and lives in his service Yet because we are not able to distinguish betwéen the well and worse-affected We have seconded with one Advice his Majesties Princely inclination following the example of his wiâ—e Predecessors of happy memory and government to take out of the possession of all Romish Recusants convicted or justly suspected according to the Acts of State heretofore expressed all such Martial Ammunitions Arms and Weapons as shall be found in their houses or discovered to be in the houses of any other persons belonging by right to any of the said Romish Recusants But so that the said Arms be only taken to be safely kept and the Property to be reserved to the Owners according to the former Presidents in like Cases This Design proceeded and the Council directed their Letters to these Lords Recusants viz. The Marquis of Winchester and the Lord St. John his son Lord Viscount Mountague Lord Viscount Colchester Lord Peter the Earl of Castlehaven Lord Morley Lord Vaux Lord Eures Lord Arundel of Warder Lord Tenham Lord Herbert Lord Windsor requiring them to render their Arms and Furniture thereunto belonging together with all their Habiliments of War to be removed into places convenient and to remain there till the King shall determine otherwise Moreover the Privy-Council having received information from the Lords-Lieutenants in divers parts of the Kingdom That there was great and unaccustomed Resort to the houses of Papists and that other Courses justly to be suspected were held among them Authorised the Lords-Lieutenants to examine the truth and reason of such Assemblies and Entertainment and of the conveyance and intercourse of Letters as also to enquire and search if there were any preparation of Men or Arms or Practice of Arms or endeavors of Alteration among persons discontented with the present Government In the mean time the Fleet was ready and Ten brave Regiments were designed for this Expedition The Duke not going in person Sir Edward Cecil was created Lord Viscount Wimbleton and made Commander in Chief In the Choice of the Officers for this service Sir Robert Mansel an experienced Sea-Commander was neglected which much disgusted the Mariners The Common Censure that passed both upon the Duke and this Enterprise may be known by the Lord Cromwels free language to the Duke in this Letter THey offer to lay wagers the Fleet goes not this year And that of necessity shortly a Parliament must be which when it comes sure it will much discontent you It is wondred at that since the King did give such great Gifts to the Duchess of Chevereux and those that then went how now a small Sum in the Parliament should be called for at such an unseasonable time And let the Parliament sit when it will begin they will where they ended They say the Lords of the Council knew nothing of Count Mansfield's Iourney or this Fleet which discontents even the best sort if not all They say it is a very great burden your Grace takes upon you since none knows any thing but you It is conceived that not letting others bear part of the burden you now bear it may ruine you which Heaven forbid Much discourse there is of your Lordship here and there as I passed home and back And nothing is more wondred at then that one Grave man is not known to have your ear except my good and Noble Lord Conway All men say if you go not with the Fleet you will suffer in it because if it prosper it will be thought no act of yours and if it succeed ill they say it might have been better had not you guided the King They say your undertakings in the Kingdom will much prejudice your Grace And if God bless you not with goodness as to accept kindly what in duty and love I here offer questionless my freedom in letting you know the discourse of the world may much prejudice me But if I must lose your favor I had rather lose it for striving to do you good in letting you know the talk of the wicked world then for any thing else so much I heartily desire your prosperity and to see you trample the ignorant multitude under foot All I have said is the Discourse of the World and when I am able to judge of Actions I will freely tell your Lordship my mind Which when it shall not always incline to serve you may all Noble thoughts forsake me But whilst the English Fleet was preparing for this Voyage great Reports were given out that the Spaniard would land Forces upon the Coast of Essex Wherefore the Earl of Warwick was commanded with Three thousand of the Trained Bands of Essex to secure the Port of Harwich and Langer-Point which service he performed with much readiness But upon the Blocking up of Dunkirk with Ships belonging to the English and to the States of the United Provinces his Lordship was ordered to dismiss his men Presently after Advertisements came to
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
Lordships according to the unanimous Advice of all the Iudges of England and his Majesties pleasure signified therein That the First Article propounded viz. You shall do all your pain and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within in your Bayliwick from time to time to all your power and assist and be helping to all Ordinaries and Commissioners of the Holy Church and favor and maintain them as oftentimes as you shall be required shall be left out in the Oath to be given to Sir Edward Cook and shall ever hereafter be left out in all Oaths to be given to the High Sheriffs of Counties hereafter And their Lordships do likewise Order according to the unanimous Advice of all the Iudges of England That the other thrée Articles doubted of shall stand in the said Oath to be ministred to the said Sir Edward Cook and to all other High Sheriffs as heretofore hath béen accustomed and that the Lord Keeper do give order to such Officers and Clerks in the Court of Chancery to whom it appertained to make out the Oath for the time to come according to present Order The expectation of a Parliament gave encouragement to the Bishop of Lincoln who yet retained the name of Lord Keeper notwithstanding his Sequestration several moneths before from the presence of the King the Council Table and the custody of the Seal to make an Address to his Majesty for a favorable interpretation of his actions But his carriage towards the Duke at the Parliament at Oxford was fresh in memory where the Bishop told the Duke in Christ-Church upon the Dukes rebuking him for siding against him That he was engaged with William Earl of Pembroke to labor the Redress of the Peoples Grievances and was resolved to stand upon his own Legs If that be your resolution said the Duke Look you stand fast and so they parted and shortly after that he was sequestred though the Seal was not disposed from him till the Thirtieth of October at which time it was given to Sir Thomas Coventry at Hampton-Court who was that day sworn of the Privy Council and sate there and sealed some Writs and afterwards came to the Term at Reading and sate there as Lord Keeper and heard Causes The King being pressed with his own Necessities and the Cry of the Nation against the Fruitless Voyage of Cadiz summoned a Parliament to meet in February and before the time of meeting his Majesty enjoyned the Archbishops and Bishops in both Provinces to proceed against Popish Recusants by Excommunication and other Censures of the Church and not to omit any lawful means of bringing them to Publick Justice especially he recommended to their vigilant care the unmasking and repressing of those who were not professed Papists yet disaffected to the true Religion and kept close their evil and dangerous affection and by secret means and slights did encourage and advance the growth of Popery This Command was seconded by a Proclamation requiring That all Convicted Papists should according to the Laws of this Realm remain confined to their dwelling places or within five miles thereof unless upon special Licences first obtained in Cases necessary Immediately before the Parliament Bishop Laud procured the Duke of Buckingham to sound the King concerning the Cause Books and Tenets of Mr. Richard Montague and understanding by what the Duke collected That the King had determined within himself to leave him to a Tryal in Parliament he said I seem to see a Cloud arising and threatning the Church of England God for his Mercy dissipate it About the same time the King declared his purpose to celebrate the Solemnity of his Coronation on Candlemas-day at the Palace of Westminster and required all persons who by reason of their Offices and Tenures were bound to perform any Duties at the Solemnitie to give their attendance and to be furnished in all respects answerable to an action of so high State according to their places and dignities Wherefore by a Commission under the Great Seal of England Sir Thomas Coventry Lord Keeper of the Great Seal Iames Lord Say High Treasurer of England Edward Earl of Worcester Keeper of the Privy Seal Thomas Earl of Arundel and Surrey Earl Marshal of England William Earl of Pembroke Lord High Chamberlain Edward Earl of Dorset and Sir Randol Crew Cheif Justice of the Common Pleas were authorised to receive and determine the Claims exhibited by any Person concerning Services to be performed at the approaching Coronation And the more to credit the Solemnity the King resolving to make certain of his Servants and other Subjects in regard of their Birth good Service and other Qualities Knights of the Bath Authorised Thomas Earl of Arundel and Surrey and Earl Marshal of England William Earl of Pembroke Lord Chamberlain to perform in his Majesties Name and behalf all the Rites and Ceremonies belonging thereto At the same time Writs were directed to all Sheriffs in the Realm of England and Dominions of Wales commanding them to make Proclamation That all such as had Forty pounds a year or more of Lands or Revenues in their own hands or the hands of Feoffees for their use for the space of Three years and are not yet Knights do at their perils prepare to present themselves in his Majesties Presence by the One and thirtieth of Ianuary to receive the Order of Knighthood Upon the asswaging of the great Pestilence through the Mercy and Goodness of God in withdrawing and almost removing the Scourge the King by His Royal Authority ordained a Publick and General Thanksgiving to be celebrated upon the Nine and twentieth of Ianuary being the Lords day in the Cities of London and Westminster and the places adjacent and on the Nineteenth of February in all other places of the Kingdom the manner and form whereof was prescribed by a Book composed by the Bishops according to his Majesties special Direction The Contagion ceasing the restraint enjoyned to the Citizens of London from resorting to Fairs for a time was taken off The number of those that died this year within and without the Walls of the City of London and in the Liberties and Nine out Parishes from the Sixteenth of December 24. to the Fifteenth of December 25. Was in Total Fifty four thousand two hundred sixty and five whereof of the Plague Thirty five thousand four hundred and seventeen On Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
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 swâ—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
to the performance of this weighty and publick Charge wherein as I do and shall to the end most humbly desire your gratious acceptance of my good intentions and endeavors So I could not but gather some confidence to my self that your Majesty will look favorably upon the works of your own hands And in truth besides this particular these publick things which are obvious to every Understanding are so many Arguments of Comfort and Encouragement where I contemplate and take a view of those great and inestimable blessings which by the goodness of God we do enjoy under your Majesties most pious and prudent Government If we behold the frame and the face of the Government in general we live under a Monarchy the best of Governments the nearest resemblance unto the Divine Majesty which the Earth affords the most agreeable to Nature and that in which other States and Republicks do easily fall and reverse into the Ocean and are naturally dissolved as into their Primam Materiam The Laws by which we are governed are above any value my words can set upon them time hath refined and approved them they are equal at least to any Laws Humane and so curiously framed and fitted that as we live under a temperate climate so the Laws are temperate yielding a due observance to the Prerogative Royal and yet preserving the Right and Liberty of the Subject That which Tacitus saith of two of the best Emperors Res olim insociabiles miscuerunt imperium libertas and so far is this from the least diminution of Soveraigns that in this your Majesty is truly stiled Pater Patriae and the greatest King in the World that is King of such and so many Free-born Subjects whose persons you have not onely power over but which is above the greatest of Kings to command their hearts If time or corruption of manners breed any Mists or Grievance or discover any defects in the Law they are soon reformed by Parliament the greatest Court of Justice and the greatest Council of the Kingdom to which all other Courts and Councils are subordinate Here your Royal Person sits inthroned in the Seat of Majesty attended by a Reverend and Learned Prelacy a great and full Nobility inthroned like Stars in the Firmament some of a greater some of a lesser magnitude full of light and beauty and acknowledging to whom they owe their lustre and by a choise number of worthy Knights and Gentlemen that represent the whole body of your Commons But to leave generals We live not under a Monarchy only the best of Goverments and under a Government the best of Monarchies but under a King the best of Monarchs Your Royal Person and those eminent graces and vertues which are inherent in your Person in whom Greatness and Goodness contend for superiority it were presumption in me to touch though with never so good a meaning they will not be bounded within the narrow compass of my discourse And such Pictures of such a King are not to be made in Limning but for Publick things and actions which the least eye may see and discern and in them obliquely and by reflexion cheerfully and with comfort behold your Person What Age shall not record and eternise your Princely magnanimities in that Heroick action or venturous Journey into Spain or hazarding your Person to preserve the Kingdom Fathers will tell it to their children in succession After-ages will then think it a Fable Your piety to the Memory of your dear Father in following and bedewing his Herse with your tears is full in every mans memory The Publick Humiliation when Gods hand lay heavy upon us and the late Publick Thanksgiving to Almighty God for removing his hand both commanded and performed in person by your Majesty is a work in piety not to be forgotten and I trust the Lord will remember them and reward them with mercy and blessing to your Majesty and the whole Kingdom Your love to Justice and your care in the administration of Justice we all behold with comfort and rejoice to see it The great Courts of Justice from the highest to the lowest furnished with Judges of that wisdom and gravity learning and integrity The Thrones of Kings are established by Justice and may it establish and I doubt not but it will establish the Throne of your Majesty in your Person and in your Royal Line to the end of time But above all and indeed it is above all as far as Heaven is distant from Earth your care and zeal for the advancement of Gods true Religion and Worship are cleerly and fully exprest and do appear both in your Person and by your many Publick Acts and Edicts It is true that is said of Princes Quod faciunt praecipiunt Of your Majesty both are true and a Proposition made convertible We have received a most gracious Answer from your Majesty to all our late Petitions concerning Religion seconded with a Publick Declaration under the Great Seal and Inrolled in all the Courts of Justice for your Royal pleasure and direction to awaken and put life into these Laws by a careful Execution with provision that the Penalties be not converted to your Private Coffers and yet the Coffers of Kings are not Private Coffers but by your express direction set apart to Publick uses such as concern the immediate Defence of the Kingdom wherein we all have our share and interest Your Royal Proclamation hath commanded those Romish Priests and Jesuites to Banishment those Incendiaries that infect the State of this Church and Commonwealth Their very entrance into this Kingdom is by a just and provident Law made Treason their aims being in truth how specious soever their pretences be nothing else but to plot and contrive Treason against the State and to seduce your Natural born Subjects from their true obedience nourishing in their posterities Factions and Seditions Witness those many Treasons and Conspiracies against the person of that glorious Lady whose memory will never die and that horrible matchless Conspiracie the Powder-Treason the Master-piece of the Devil But God that preserved her and your Royal Father against all their treacherous Conspiracies and hath given you a heart to honor him will honor and preserve you Religion will more truly keep your Kingdoms then the Seas do compass them It is the joy of heart to your Majesties loyal and well-affected Subjects and will ever be the honor of your Regal Diadem and the Crown of your Crown The Spanish Invasion in Eighty Eight I hope will ever be remembred in England with thankful acknowledgment to God for so great a deliverance And I assura my self it is remembred in Spain but with another mind a mind of Revenge they are too constant to their Counsels to acquit their Resolutions and Purposes that drew on that Attempt It was long before discovered and since printed not without their liking That they affect an Universal Monarchy Videor mihi vidore saith Lipsius of their State Solem
thereupon their Lordships will be pleased to take care that the Grand-Iury men either by Evidence or their own Knowledge indict them which are not already indicted before the end of the Assises and that their Lordships admit no Traverse unless the Persons convicted have first yeilded their bodies into the custody of the Sheriff as their Lordships know well all the Iudges with one voice resolved the Law to be 3 That there be special care taken of Schoolmasters and Teachers of any kinde who are Popish that they be presented and proceeded against 4. That their Lordships give knowledge to the Counties where they sit that the married Women who are Popish Recusants convicted by the Law ought to be committed to the Common-Goal without Bail unless their husbands redeem their liberty by the constant payment of 10 l. a moneth and that it must be executed Your Lordships ready to be commanded ROB. HEATH Inner-Temple Mar. 7. 1625. The Commons proceeded in the Examination of Grievances and had a Report made unto them That the reason wherefore our Merchants Ships and Goods were seised in France was by reason of Sir Iames Bagg Vice-Admiral for Cornwal and other mens dealings towards the French in seising upon their goods in several Ports in England and particularly the seising of the Ship called the Peter of New-haven and brought into Plymouth by order from the Lord Duke after the King and Council had ordered this Ship to be restored upon a just Claim and that the Court of Admiralty had also released her That till this action the French did not begin to seise any English Goods or Ships That twenty and three bags of silver and eight bags of gold were by Sir Francis Steward delivered to the Lord Duke the Duke having notice hereof said he would justifie the stay of the Ship by order from the King The Council of War appointed to manage the business for the relief of the Palatinate were called into the House of Commons and this Question was propounded unto them Whether their Advice was followed which they gave for the four Ends mentioned in the Act of Parliament 21 Iacobi for which the moneys given by that Act were to issue Lord Carey Earl of Totnes and Lord Brook desired to be excused from answering the Lord Vere said He had been much absent in the Low-Countries and could say little the Lord Grandison said that since Iuly last they had seldom met Sir Robert Mansel and Sir Iohn Oyle desired a Copy of the Question and that they might all confer together before they gave Answer to a Question of this Concernment Afterwards the same persons except the Lord Vere were called in again who gave unsatisfactory answers when they were pressed to deal clearly and fully in the business It was answered by some of them That they conceived by the Act of Parliament they were bound to make no other Answer then what they had done Others desired before they answered that they might have the Kings consent first That obtained and a special Order of the House requiring an Answer Sir Robert Mansel declared his readiness to give a cleer and full Account While matters were thus debated Mr Secretary Cook delivered a Message from the King to the Commons declaring his Majesties occasion for Supply This Message was strengthened by a Conference which the Lords desired with the Commons where William Earl of Pembrook represented the Affairs of Christendom how they stood before the breach of the Treaties with Spain and how at that present shewing That the condition of the Palatinate was nothing bettered That Count Mansfiels Army was raised for the diversion of the League Catholick in Germany That the King of Denmark had thereupon engaged himself to stand or fall in this Quarrel in case of Supplies That the Swedes were forward and lastly That his Majesty had made a strict Alliance with the Hollander upon these terms That they shall bear a fourth part of the expence of our Navy and onely have a fourth part of the spoils the Lands and Cities conquered to be the Kings The fruits of all rich advantages will be lost if a speedy Assistance be not resolved on The Commons not thinking fit to take into consideration the matter of Supply at present call for a Report from the Committee appointed to consider of the Causes and Remedies of Evils which being made by Mr Wandesford it was resolved That the Diminution of the Kingdom in strength and honor is a general Evil which we suffer under a second the increase and countenancing of Papists a third the not guarding of the narrow Seas a fourth Plurality of Offices in one hand a fifth sales of Honors and places of Judicature a sixth delivery up of Ships to the French a Seventh misimployment of three Subsidies and three fifteens c. And they further ordered That the Duke whom these Misdemenors especially reflected on have notice that the Commons House intend suddenly to resume the debate of these things and Mr Clement Cook said openly That it were better to die by an Enemy then to suffer at home The Lords at that time more readily complying with the Kings desires appointed a Committee to consider of the safety and defence of the Kingdom in general and particularly of the safeguard of the Seas the store of Ammunition and Arms and all things incident thereunto and of strengthening the Forts for this the King gave them thanks and desired them to proceed with alacrity The Committee of Lords made haste and reported their advice to the House That one Fleet be presently set to Sea against the King of Spain to annoy him and to prevent the Invasion of this Kingdom That another be set out to defend our own Coasts and the Merchants from Pirats and that consideration be had of maintaining the Armies under the King of Denmark and Count Mansfield but the House would give no opinion thereupon till they had Conference with the House of Commons which was desired upon this occasion To which Message the Commons onely returned this Answer That they desire to have a good correspondency with their Lordships and will be ever carefull of the safety and defence of the Kingdom and maintain their own priviledges as is fitting and immediately proceed with the debate concerning the Duke which was a little interrupted as well by a Letter of the Kings to the Speaker as by a Message delivered by Sir Richard Weston touching Supply King Charles to the Speaker Trusty and Welbeloved c. HAving assembled the Parliament early in the beginning of the year for the more timely help and advice of our People in our great and important Affairs and having of late not onely by Message but also of our self put our House of Commons in minde of our pressing occasions and of the present Estate of Christendom wherein they have equal interest with us as well in respect of their own former engagements
presented to and answered by the King And the Commons the same day resumed the Debate again concerning the Duke and Misgovernment and Misimployment of the Revenue c. Ordered the Duke to have notice again thereof The next day the King sent a Message to the House of Commons That they do to morrow at Nine of the clock attend his Majesty in the Hall at Whitehall and in the mean time all Proceedings in the House and Committee to cease Where his Majesty made this ensuing Speech My Lords and Gentlemen I Have called you hither to day I mean both Houses of Parliament but it is for several and distinct reasons My Lords you of the Upper House to give you thanks for the Care of the State of the Kingdom now and not only for the Care of your own Proceedings but for inciting your Fellow-House of the Commons to take that into their consideration Therefore my Lords I must not only give you thanks but I must also avow that if this Parliament do not redound to the good of this Kingdom which I pray God it may it is not your faults And you Gentlemen of the House of Commons I am sorry that I may not justly give the same thanks to you but that I must tell you that I am come here to shew you your errors and as I may call it Unparliamentary proceedings in this Parliament But I do not despair because you shall see your faults so cleerly by the Lord Keeper that you may so amend your Proceeding that this Parliament shall end comfortably and happily though at the beginning it hath had some rubs Then the Lord Keeper by the Kings command spake next MY Lords and you the Knights Citizens and Burgesses of the House of Commons You are here assembled by his Majesties commandment to receive a Declaration of his Royal pleasure which although it be intended only to the House of Commons yet his Majesty hath thought meet the matter being of great weight and importance it should be delivered in the presence of both Houses and both Houses make one General Council And his Majesty is willing that the Lords should be Witnesses of the Honor and Justice of his Resolutions And therefore the Errand which by his Majesties direction I must deliver hath relation to the House of Commons I must address my self therefore to you Mr. Speaker and the rest of that House And first his Majesty would have you to understand That there was never any King more loving to his People or better affectioned to the right use of Parliaments then his Majesty hath approved himself to be not only by his long patience since the sitting down of this Parliament but by those mild and calm Directions which from time to time that House hath received by Message and Letter and from his Royal mouth when the irregular humors of some particular persons wrought diversions and distractions there to the disturbance of those great and weighty Affairs which the Necessity of the Times the honor and safety of the King and Kingdom called upon And therefore his Majesty doth assure you that when these great Affairs are setled and that his Majesty hath received satisfaction of his reasonable Demands he will as a just King hear and answer your just Grievances which in a dutiful way shall be presented unto him and this his Majesty doth avow Next his Majesty would have you know of a surety That as never any King was more loving to his People nor better affectioned to the right use of Parliaments so never King more jealous of his Honor nor more sensible of the neglect and contempt of his Royal Rights which his Majesty will by no means suffer to be violated by any pretended colour of Parliamentary Liberty wherein his Majesty doth not forget that the Parliament is his Council and therefore ought to have the liberty of a Council but his Majesty understands the difference betwixt Council and Controlling and between Liberty and the Abuse of Liberty This being set down in general his Majesty hath commanded me to relate some particular passages and proceedings whereat he finds himself agrieved First Whereas a seditious speech was uttered amongst you by Mr. Cook the House did not as they ought to do censure and correct him And when his Majesty understanding it did by a Message by Mr. Chancellor of the Exchequer delivered to the House require Justice of you his Majesty hath since found nothing but protracting and delaies This his Majesty holds not agreeable to the wisdom and the duty which he expected from the House of Commons Secondly Whereas Doctor Turner in a strange Unparliamentary way without any ground of knowledge in himself or offering any particular proof to the House did take upon him to advise the House to enquire upon sundry Articles against the Duke of Buckingham as he pretended but in truth to wound the Honor and Government of his Majesty and of his renowned Father And his Majesty first by a Message and after by his own Royal mouth did declare That that Course of Enquiry was an Example which by no way he could suffer though it were against his meanest Servant much less against one so neer him and that his Majesty did much wonder at the foolish insolencie of any man that can think that his Majesty should be drawn out of any end to offer such a Sacrifice so unworthy of a King or a good Master Yet for all this you have been so far from correcting the Insolencie of Turner that ever since that time your Committees have walked in the steps of Turner and proceeded in an Unparliamentary Inquisition running upon generals and repeating that whereof you have made Fame the groundwork Here his Majesty hath cause to be exceeding sensible that upon every particular he finds the Honor of his Father stained and blemished and his own no less and withal you have manifested a great forwardness rather to pluck out of his bosom those who are neer about him and whom his Majesty hath cause to affect then to trust his Majesty with the future reformation of these things which you seem to aim at And yet you cannot deny but his Majesty hath wrought a greater Reformation in matters of Religion Execution of the Laws and concerning things of great importance then the shortness of his Reign in which he hath been hindred partly through sickness and the distraction of things which we could have wished had been otherwise could produce Concerning the Duke of Buckingham his Majesty hath commanded me to tell you That himself doth better know then any man living the sincerity of the Dukes proceedings with what cautions of weight and discretion he hath been guided in his publick Imployments from his Majesty and his blessed Father what Enemies he hath procured at home and abroad what peril of his person and hazard of his estate he ran into for the service of his Majesty and his ever blessed Father and how
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 hands great sums which were intendded by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of the Navy with those sums which ought to have come to their hands and to be accompted for to his Majesty and such a confusion and mixture hath been made between the Kings Estate and the Dukes as cannot be cleared by the Legal Entries and Records which ought to be truely and faithfully made and kept both for the safety of his Majesties Treasure and for the indempnity of his Officers and Subjects whom it doth concern And also in the Sixteenth year of the said King and in the Twentieth year of the said King he did procure to himself several Releases from the said King of divers great sums of the Money of the said King by him privately received and which he procured that he might detain the same for the support of his Places Honors and Dignities And these things and divers other of the like kinde as appeareth in the Schedule annexed hath he done to the exceeding diminution of the Revenues of the Crown and in deceit both of our Soveraign Lord the King that now is and of the late King Iames of famous memory and to the detriment of the whole Kingdom Before Mr Sherland entred to open and enlarge upon the Twelfth Article he discoursed in general concerning Honors mentioned in the preceding Article and spake as followeth My Lords IT hath pleased God who hath the disposing even of all things in his hands to cast this service now upon me who did formerly my endeavor to decline it considering the weightiness of the business the greatness of this presence and my manifold defects best known to my self But another that should have with better contentment I doubt not performed this service being fallen now sick there is a necessity imposed on me by the House of Commons wherein I shall be very plain and short according to the warning I had yet I shall deal plainly and faithfully according to the sense of that House by whose command I now appear And since I am now thrust as a Bush into the Gap I hope your Lordships will not expect such a composure and strength of Speech which you have had from others of my Companions The Subject that falls to my lot to speak of before your Lordships are Honor and Iustice two great Flowers of the Crown I confess my self exceeding unfit and unable to speak of these Points before so great an Assembly of such Persons of so great Honor and such Superior Judges of this Kingdom but I must take my Lot It pleaseth your Lordships as in Sphere to take knowledge of the Grievances presented by the Commons House which I desire and hope your Lordships will not take presumption May it please your Lordships the parts of this Charge as you discern upon the reading of it are two the one general the other particular The general is perverting the ancient and noble course of attaining to the Titles of Honor. 2. The other the compulsion or inforcement of men unwilling to purchase Honor. For the first by way of Protestation I am commanded by the House of Commons to say that they repine not at their advancement upon whom those Honors were conferred but they think them worthy thereof yet they wish for their sakes and the safety of this Nation their vertues had solely raised them and that they had not been forced and constrained to contribute to this bottomless Gulf to attain their Titles They complain again of this unworthy way brought in by this great man they fall upon this in this manner and found the Evils under which the Commonwealth suffers and the Causes of them being two principal Evils which are the decay and stopping of the Trade and the Determination of Honor. In examination of which second Evil the Trade and Comerce of Honor we have as the Commons do conceive confitentem reum For he endeavouring to colour the matter sayes for himself That he was not the onely introducer and first bringer in of this but they finde that he was the first that defiled this Virgin of Honor so publickly making an accompt that all things and persons should stoop and subject themselves to his vain desires and extravagancy Now that this comerce of Honor is an Offence then to prove what kinde of Offence it is is the onely thing I shall trouble your Lordships with 1. And first that it is an Offence I shall draw my first Argument from the Nature of Honor Honor is a Beam of Vertue now this Honor can be no more fixed upon an undeserving Person for Money then Fire can be struck out of a Stick 2. From the Suject of Honor which is Merit for the which no price ought to be paid to any great man by any undeserving person for the same but their own merit and desert Then he passed to the Grievances which are caused by the selling of Titles and they are Three 1. First it is prejudicial to the Noble Barons of this Kingdom 2. To the King by disabling him to reward extraordinary vertues 3. To the Kingdom which comprehends both King Lords and people For the first He said he would not trouble their Lordships with recital how Ancient how Famous the Degree of Barons hath been in these Western Monarchies He said the Baronage of England hath longer upheld that Dignity and doth yet retain a greater height then in any other Nation they are great Judges a Court of the last resort they are great Counsellors of State and not onely for the present but as Law-makers Counsellors for the time to come and this not by Delegacy and Commission but by Birth and Inheritance So that when any man shall be made a Member of this great Body who is not qualified for the performance of such noble Functions it must needs be a prejudice to the whole body and dishonor to the head As if a little water be put into a great vessel of Wine as it receives spirit and strength from the Wine so it doth impart some degrees of its own infirmity and coldness to the Wine Secondly It is prejudicial to the King not that it can disable him from giving Honor for that is a power inseparable but by making Honor ordinary it becomes as an incompetent Reward for extraordinavertue when men are made noble they are taken out of the Press of the common sort and how can it chuse but fall in estimation if Honor it self be made a Press Thirdly It is prejudicial to the Kingdom the Stories and Records are full of the great assistance which the Crown hath received from the Barons both in Forein and Domestick Actions not onely by their own persons but by their Retinue and
said Drink or Potion to his said late Majesty who thereupon at the same times within the seasons in that behalf prohibited by his Majesties Physitians as aforesaid did by the means and procurement of the said Duke drink and take divers quantities of the said Drink or Potion After which said Plaisters and Drink or Potion applied and given unto and taken and received by his said Majesty as aforesaid great distempers and divers ill symptoms appeared upon his said Majesty insomuch That the said Physitians finding his Majesty the next morning much worse in the estate of his health and holding a Consultation thereabout did by joynt consent send to the said Duke praying him not to adventure to minister to his Majesty any more Physick without their allowance and approbation And his said Majesty himself finding himself much diseased and affected with pain and sickness after his then fit when by the course of his Disease he expected intermission and ease did attribute the cause of such his trouble unto the said Plaister and Drink which the said Duke had so given and caused to be administred unto him Which said adventrous act by a person obliged in duty and thankfulness done to the Person of so great a King after so ill success of the like formerly administred contrary to such Directions as aforesaid and accompanied with so unhappy event to the great grief and discomfort of all his Majesties Subjects in general is an Offence and Misdemeanor of so high a nature as may justly be called and is by the said Commons deemed to be an act of transcendent presumption and of dangerous consequence Mr. Wandesford deputed to enlarge and aggravate upon the Thirteenth Article commended the charity and providence of that Law which makes it penal for unskilful Empyricks and all others to exercise and practice Physick upon common persons without a lawful Calling and Approbation branding them that thus transgress as Improbos Ambitiosos Temerarios Audaces homines But he that without skill and calling shall direct a Medicine which upon the same person had wrought bad effects enough to have disswaded a second adventure and then when Physitians were present Physitians selected for Learning and Art prepared by their Office and Oaths without their consent nay even contrary to their Direction and in a time unseasonable He must needs said he be guilty albeit towards a common person of a precipitate and unadvised rashness much more towards his own Soveraign And so pious are our selves to put the Subjects in minde of their duty towards their Princes Persons so Sacred that in the attempt of a Madman upon the King his want of Reason which towards any of his fellow Subjects might have quit him of Felony shall not excuse him of Treason And how wary and advised our Ancestors have been not to apply things in this kinde to the Person of a King may appear by a President 32 Hen 6. where Iohn Arundel and others the Kings Physitians and Chirurgeons thought it not safe for them to administer any thing to the Kings Person without the assent of the Privy Council first obtained and express Licence under the Great Seal of England This Medicine found his Majesty in the declination of his desease and we all wish it had left him so but his better days were shortly turned into worse and instead of health and recovery we hear by good testimony that which troubles the poor and loyal Commons of England of great distempers as Droughts Raving Fainting an intermitting Pulse strange effects to follow upon the applying of a Treacle Plaister But the truth is Testimony tells us That this Plaister had a strange smell and an invective quality striking the malignity of the disease inward which Nature otherwise might have expelled outward Adde to this the Drink twice given to his Majesty by the Duke his own hands and a third time refused and the following Complaint of that blessed Prince the Physitians telling him to please him for the time That his second impairment was from cold taken or some other ordinary cause No no said his Majesty it is that which I had from Buckingham And though there be no President said he of an act offered to the Person of a King so insolent as this yet is it true that divers persons as great as this have been questioned and condemned for less offences against the Person of their Soveraign It was an Article amongst others laid against the Duke of Somerset for carrying Edward the Sixth away in the night time out of his own head but from Hampton Court to Windsor and yet he was trusted with the Protection of his person Presidents failing us in this point the Common Law will supply us The Law judgeth a deed done in the execution of an unlawful act Man-slaughter which otherwise would but have been Chance-medley and that this act was unlawful the House of Commons do believe as belonging to the Duty and Vocation of a sworn and experimented Physitian and not the unskilfulness of a yong Lord. And so pretious are the lives of men in the Eye of the Law that though Mr. Stanford saith If a Physitian take one into his Cure and he die under his hands it is not Felony because he did it not Feloniously Yet it is Mr. Bractons opinion That if one that is no Physitian or Chirurgeon undertake a Cure and the party die under his hands this is Felony And the Law goeth further making Physitians and Chirurgeons themselves accomptable for the Death of their Patients if it appear they have transgressed the Rules of their own Art that is by undertaking a thing wherein they have no experience or having yet failed in the care and diligence Lastly He said he was commanded by the House of Commons to desire their Lordships That seeing the Duke hath made himself a President in committing that which former Ages knew not their Lordships will out of their Wisdom and Justice make him an example for the time to come The several Articles being thus enlarged and aggravated by the said respective Members Sir Iohn Elliot was appointed to make the Epilogue to the Impeachment who spake thus My Lords YOur Lordships have heard in the Labors of these two days spent in this Service a Representation from the Knights Citizens and Burgesses of the Commons House of Parliament of their Apprehension of the present Evils and dangers of this Kingdom of the Causes of the same and of the Application of them to the Duke of Buckingham so clearly and fully as I presume your Lordships expect I should rather conclude then adde any thing to his charge Your Lordships have heard how his Ambition was expressed in procuring and getting into his hands the greatest Offices of strength and power of this Kingdom by what means he had attained them and how Money stood for Merit There needs no Argument to prove this but the common sense of the Miseries and Misfortunes which we suffer
Scotland and Ireland and they will tell you Sejanus pride was so excessive as Tacitus saith he neglected all Councel mixed his businesses and service with the Prince seeming to confound their Actions and was often stiled Imperatoris laborum socius How lately and how often hath this Man commixed his Actions in Discourses with ACtions of the Kings My Lords I have done you see the Man onely this which was conceived by the Knights Citizens and Burgesses should be boldly by me spoken That by him came all these evils in him we finde the Cause and on him we expect the Remedies and to this we met your Lordships in Conference to which as your Wisdom invites us so we cannot doubt but in your Lordships Wisdom Greatness and Power we shall in due time finde Judgment as he deserves I conclude by presenting to your Lordships the particular Censure of the Bishop of Ely reported in the 11 Rich. 1. and to give you a short view of his faults He was first of all noted to be Luxurious secondly He married his own Kinred to Personages of highest rank and places thirdly No mans business was done without his help fourthly He would not suffer the Kings Council to advise in Matters of State fifthly He grew to such a height of Pride that no man was thought worthy to speak unto him and lastly His Castles and Forts of Trust he did obscuris ignotis hominibus tradere his doom was this Per totam insulam publicè proclamatur periat qui perdere cuncta festinat opprimatur ne omnes opprimat Sir Dudley Diggs having made the Prologuâ— and Sir Iohn Elliot the Epilogue in the Impeachment of the Duke they were both by the Kings Command committed to the Tower Upon the Impeachment of the Duke a Paper was privately conveyed to the King importing THat this great opposition against the Duke was stirred up and maintained by such as seek the destruction of this free Monarchy Because they finde it not yet ripe to attempt against the King himself they endeavor it through the sides of the Duke The persons agreeing in this one mischeif are of divers sorts and humors First Medling and busie persons who love popular Speeches Secondly Govetous Landlords Inclosers Depopulators c. who being of the Parliament ease themselves in Subsidies and lay it on the true Commons and cry out the grievances are caused by the Duke Thirdly Recusants who hate the Duke for the breach of the Spanish Match Fourthly Persons indebted who by priviledge of Parliament avoid payment Fifthly Puritans and Sectaries though two of them scarcely agree in what they would have Haters of Government and would have the Kings power extinguished in matters Ecclesiastical and limited in Civil Sixtly Male-contents who look upon the Duke with an evil eye because themselves are not preferred Seventhly Lawyers who are very fit in Parliaments to second any Complaint against â—oth Church and King and all his Servants with their Customs Antiquities Records Statutes Presidents and Stories Eighthly Merchants and Citizens who deceive the King of Custom Ninethly Innovators Plebicolae That since the time of Henry the Sixth these Parliamentary discoursings might never be suffered as being but certain symptomes of Subsequent Rebellions Civil Wars and the dethroning of our King and no one Patriot daring to oppose them least he incur the reputation of a Fool or Coward in his Countreys Cause His Majesty therefore strengthned himself ever with some Favorite as whom he might better trust then many of the Nobility tainted with this desire of Oligarchy It behoveth without doubt his Majesty to uphold the Duke against them who if he be but decourted it will be the Corner Stone on which the demolishing of his Monarchy will be builded For if they prevail with this they have hatched a thousand other demands to pull the Feathers of Royalty They will appoint him Counsellors Servants Alliances Limits of Expences and accompt of his Revenue cheifly if they can they will now dazle him in the beginning of his raign Lastly King James and King Charls are the Dukes Accusers in all the Aspersions that are laid upon him King James for the Money destined for the Wars in his time spent in Treaties c. And his Majesty can testifie for the things done in his time And all these though actions of the King are imputed to the Duke Who if he suffer for obeying his Soveraign the next attempt will be to call the King to accompt for any thing he undertakes which doth not prosperously succeed as all men would desire it If it please his Majesty to remove and set aside all these disadvantages he shall find the Charge against the Duke very empty and of small moment And if his Majesty and the Dukes Grace think it no impeachment to their Honors all that the Parliament hath objected against the Duke except two or three things that may receive an Answer is pardoned at the Kings Coronation which benefit every poor Subject enjoyeth May 11. The King came to the Parliament and spake to the House of Peers as followeth My Lords THe cause and onely cause of my coming to you this day is to express the sense I have of all your Honors for he that toucheth any of you toucheth me in a very great measure I have thought fit to take order for the punishing some insolent speeches lately spoken I have been too remiss heretofore in punishing such speeches as concern my self Not that I was greedy of their monies but that Buckingham through his importunity would not suffer me to take notice of them lest he might be thought to have set me on and that he might come the forwarder to his Trial. And to approve his innocencie as touching the matters against him I my self can be a Witness to clear him in every one of them I speak not this to take any thing out of your hands but to shew the reason why I have not hitherto punished those insolent speeches against my self And now I hope you will be as tender of my Honor when time shall serve as I have been sensible of yours And so his Majesty was pleased to depart The same day this following Message was brought from the Commons to the Lords by Sir Nathanael Rich. THe Commons taking into serious consideration the many mischiefs and inconveniences which this renowned Kingdom doth now suffer threatening apparent danger to the King and Common-wealth have by search and disquisition into the Causes thereof found that they do principally flow from the exorbitant power and abusive carriage of the Duke of Buckingham whereof he hath this Parliament béen impeached before their Lordships by the Commons besides an accusation of a Péer in their own House who hath charged him as they are informed of High Treason They therefore with one voice make an entire Declaration That they hold it a thing of dangerous Consequence both for the present and future times that a man of so
to the Acts and Law of State in that behalf A Committee was appointed to prepare an Answer to his Majesties Letter which was ingrossed and allowed of but the Copy thereof we cannot finde yet the Substance was delivered by the Speaker Sir Henage Finch in these words Most gracious and dread Soveraign ACcording to that liberty of access and liberty of speech which your Majesty and your Royal Progenitors have ever vouchsafed to your House of Commons your Majesties most humble and Loyal Subjects the Commons now assembled in Parliament have been Suitors for this access to your Royal Throne And out of their consideration of the nature and of the weight and importance of the business they have thought the attendance of the whole house with their Speaker not too solemn and yet they have not thought fit barely to commit those words which express their thoughts to the trust of any mans Speech but are bold to present them in writing to your gracious hands that they may not vanish but be more lasting then the most powerfull words of a more able Speaker like to be I have much to read and shall therefore as little as I can weary your Majesty with Speeches This Parchment contains two things the one by way of Declaration to give your Majesty an accompt and humble satisfaction of their clear and sincere endeavors and intentions in your Majesties service and the other an humble Petition to your Majesty for the removal of that great person the Duke of Buckingham from access to your Royal presence For the first They beseech your most excellent Majesty to beleeve that no earthly thing is so dear and precious to them as that your Majesty should retain them in your grace and good opinion and it is a grief to them beyond my expression that any misinformation or misinterpretation should at any time render their words or proceedings offensive to your Majesty It is not proper for any to hear the Eccho of a voice that hears not the voice and if Eccho's be sometimes heard to double and redouble the Eccho of the Eccho is still fainter and sounds not lowder I need not make the Application words misreported though by an Eccho or but an Eccho of an Eccho at a third or fourth hand have oft a lowder sound then the voice it self and may sound disloyalty though the voice had nothing undutifull or illoyal in it Such misinformations they fear have begot those interruptions and diversions which have delayed the ripening and expediting of those great Counsels which concern your Majesties important service and have enforced this Declaration I pass from that to the Petition in which my purpose is not to urge those Reasons which your Majesty may hear expressed in their own words in the language of the people I am onely directed to offer to your great wisdom and deep judgement that this petition of theirs is such as may stand with your Majesties honor and justice to grant Your Majesty hath been pleased to give many Royal Testimonies and Arguments to the world how good and gracious a Master you are and that which the Queen of Sheba once said to the wisest King may without flattery be said to your Majesty Happy are those Servants which stand continually before you But the Relations by which your Majesty stands in a gracious aspect towards your people do far transcend and are more prevalent and binding then any relation of a Master towards a Servant and to hear and satisfie the just and necessary desires of your people is more honorable then any expression of grace to a servant To be a Master of a Servant is communicable to many of your Subjects to be a King of people is Regal and incommunicable to Subjects Your Majesty is truly stiled with that name which the greatest Emperors though they borrowed names and titles from those Countries which they gained by conquest most delighted in Pater Patriae and desires of children are preferred before those of servants and the servant abideth not in the house for ever but the son abideth ever The Government of a King was truely termed by your Royal Father a Politick Marriage between him and his People and I may safely say there was never a better union between a married Pair then is between your Majesty and your People Afterwards the Commons made what haste they could to perfect a Remonstrance or Declaration against the Duke and concerning Tonage and Poundage taken by the King since the death of his Father without consent in Parliament which was no sooner finished but they had intimation the King would that day dissolve the Parliament whereupon they ordered every Member of the House to have a Copy of the Remonstrance And at the same time the Lords prepared this ensuing Petition to stay his purpose in dissolving the Parliament May it please your Excellent Majesty WE your faithfull and loyal Subjects the Peers of this Kingdom having received this morning a Message from your Majesty intimating an intention to dissolve this Parliament remembring that we are your Majesties hereditary great Council of the Kingdom do conceive that we cannot deserve your Majesties gracious opinion expressed in this Message unto us nor discharge our duty to God your Majesty and our Country if after expression of our great and universal sorrow we did not humbly offer our loyal and faithfull advice to continue this Parliament by which those great and apparent dangers at home and abroad signified to us by your Majesties command may be prevented and your Majesty made happy in the duty and love of your people which we hold the greatest Safety and Treasury of a King for the effecting whereof our humble and faithfull endeavor shall never be wanting The Lords sent the Vicount Mandevile Earl of Manchester Lord President of his Majesties Council the Earl of Pembrook the Earl of Carlile and the Earl of Holland to intreat his Majesty to give audience to the whole House of Peers But the King returned Answer That his Resolution was to hear no motion to that purpose but he would dissolve the Parliament and immediately caused a Commission to pass under the Great-Seal to that purpose in haec verba CAROLUS Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Reverendissimo in Christo Patri fideli Consiliario nostro Georgio Archiepisc. Cantuar. totius Angliae Primati Metropolitano Ac perdilecto fideli Consiliar nostro Thomâ—e Coventry militi Dom. Custod Magni Sigilli nostri Angliae Ac etiam Reverendiss in Christo Patri Tobiae Archiep. Ebor. Angliae Primati Metropolitano Nec non charissimis Consanguineis Consiliariis nostris Iacobo Comiti Marlborough Thesaurario nostro Angliae Henrico Comiti Manchester Dom. Presidenti Consilii nosâ—ri Edwardo Comiti Wigorn. Custod Privati Sigilli nostri Georgio Duci Buckingham Magno Admirallo nostro Angliae Willielmo Comiti Pembroke Camerario Hospitii nostri Ac etiam
expectation to have run the least hazard through their defaults This Parliament after some Adjourment by reason of his Majesties unavoidable occasions interposing being assembled on the Eightéenth day of June It is true that his Commons in Parliament taking into their due and serious Consideration the manifold Occasions which at his first entry did press his Majesty and his most important Affairs which both at home and abroad were then in action did with great readiness and alacrity as a pledge of their most bounden duty and thankfulness and as the first fruits of the most dutiful affections of his loving and loyal Subjects devoted to his service present his Majesty with the frée and cheerful gift of two entire Subsidies which their gift and much more the freeness and heartiness expressed in the giving thereof his Majesty did thankfully and lovingly accept But when he had more narrowly entred into the consideration of his great affairs wherein he was imbarqued and from which he could not without much dishonor and disadvantage withdraw his hand he found that this sum of money was much short of that which of necessity must be presently expended for the setting forward of those great Actions which by advice of his Council he had undertaken and were that Summer to be pursued This his Majesty imparted to his Commons house of Parliament but before the same could receive that debate and due consideration which was fit the fearful Uisitation of the Plague in and about the Cities of London and Westminster where the Lords and the principal Gentlemen of quality of his whole Kingdom were for the time of this their service lodged and abiding did so much increase that his Majesty without extreme peril to the lives of his good Subjects which were dear unto him could not continue the Parliament any longer in that place His Majesty therefore on the eleventh day of July then following adjourned the Parliament from Westminster until the first day of August then following at the City of Oxford And his Highness was so careful to accommodate his Lords and Commons there that as he made choice of that place being then the fréest of all others from the danger of that grievous Sickness so he there fitted the Parliament-men with all things convenient for their entertainment And his Majesty himself being in his own heart sincere and frée from all Ends upon his people which the Searcher of hearts best knoweth he little expected that any misconstruction of his actions would have béen made as he there found But when the Parliament had béen a while assembled and his Majesties affairs opened unto them and a further Supply desired as necessity required he found them so slow and so full of delays and diversions in their Resolutions that before any thing could be determined the fearful Contagion daily increased and was dispersed into all the parts of this Kingdom and came home even to their doors where they assembled His Majesty therefore rather preferred the safety of his people from that present and visible danger then the providing for that which was more remot◠but no less dangerous to the State of this Kingdom and of the affairs of that part of Christendom which then were and yet are in friendship and alliance with his Majesty And thereupon his Majesty not being then able to discern when it might please God to stay his hand of Uisitation nor what place might be more secure then other at a time convenient for their re-assembling his Majesty dissolved that Parliament That Parliament being now ended his Majesty did not therewith cast off his Royal care of his great and important affairs but by the advice of his Privy-Council and of his Council of War he continued his preparations and former resolutions And therein not only expended those monies which by the two Subsidies aforesaid were given unto him for his own private use whereof he had too much occasion as he found the state of his Exchequer at his first entrance but added much more of his own as by his credit and the credit of some of his servants he was able to compass the same At last by much disadvantage by the retarding of provisions and uncertainty of the means his Navy was prepared and set to Sea and the Designs unto which they were sent and specially directed were so probable and so well advised that had they not miscarried in the execution His Majesty is well assured they would have given good satisfaction not only to his own people but to all the world that they were not lightly or unadvisedly undertaken and pursued But it pleased God who is the Lord of Hosts and unto whose providence and good pleasure his Majesty doth and shall submit himself and all his endeavors not to give that success which was desired And yet were those Attempts not altogether so fruitless as the envy of the Times hath apprehended the Enemy receiving thereby no small loss nor our party no little advantage And it would much avail to further his Majesties great affairs and the Peace of Christendom which ought to be the true end of all Hostility were these first beginnings which are most subject to miscarry well seconded and pursued as his Majesty intended and as in the judgment of all men conversant in Actions of this nature were fit not to have béen neglected These things being thus acted and God of his infinite goodness beyond expectation asswaging the rage of the Pestilence and in a manner of a suddain restoring health and safety to the Cities of London and Westminster which are the fittest places for the resort of his Majesty his Lords and Commons to meet in Parliament His Majesty in the depth of winter no sooner descried the probability of a safe assembling of his people and in his princely wisdom and providence foresaw that if the opportunity of seasons should be omitted preparations both defensive and offensive could not be made in such sort as was requisite for their common safety but he advised and resolved of the summoning of a new Parliament where he might freely communicate the necessities of the State and by the Council and advice of the Lords and Commons in Parliament who are the Representative body of the whole Kingdom and the great Council of the Realm might proceed in these enterprises and be enabled thereunto which concern the common good safety and honor both of Prince and people and accordingly the sixth of February last a new Parliament was begun At the first meeting his Majesty did forbear to press them with any thing which might have the least appearance of his own interest but recommended unto them the care of making of good Laws which are the ordinary Subject for a Parliament His Majesty believing that they could not have suffered many days much less many weeks to have passed by before the apprehension and care of the common safety of this Kingdom and the true Religion professed and maintained therein and of
to his duty To this Sir Thomas Darnell replied That such words never came into his thoughts And did humbly pray they might make no impression upon the Court to the disparagement of his Cause for he was accused of that he was in no manner guilty of Upon which Sir Nicholas Hide Chief Justice said That he had made a fair and temperate Answer And you may perceive said the Chief Justice the upright and sincere proceedings which have been in this business You no sooner moved for a Habeas Corpus but it was granted you you no sooner desired Council but they were assigned you though any Council might move for you without being assigned and should have had no blame for it The Kings pleasure is his Law should take place and be executed and for that do we sit here And whether the Commitment be by the King or others this Court is the place where the King doth sit in person to do right if injury be done And we have power to examine it and if it appear that any man hath wrong done him by his Imprisonment we have power to deliver and discharge him if otherwise he is to be remanded by us to Prison again And the Attorney-General after the Chief Justice had spoken said Though this be a Case which concerns the King in an high degree yet he hath been so gracious and so just as not to refuse the Examination and Determination thereof according to the Laws of the Kingdom Then the Court proceeded to hear the Arguments made in the Prisoners behalf Mr. Noy argued for Sir Walter Earl Serjeant Bramston for Sir Iohn Heveningham Mr. Selden for Sir Edward Hampden Mr. Calthrop for Sir Iohn Corbet who were all assigned of Council with the Prisoners by the Court of Kings-Bench upon a Petition delivered by them to that purpose After they had argued Mr. Attorney had a day appointed to argue for the King It is not our intention to take up the Readers time with the Arguments at large either by the one side or the other We shall only hint unto you some generals chiefly concerning the form of the Return of the Writ The first Exception taken by the Council for the imprisoned Gentlemen was to the form of the Return 1. For that the Return is not positive but referred to the signification made by another by the Lords of the Council 2. The Keepers of the Prisons have not return'd the Cause of the Commitment but the Cause of the Cause which they held not to be good 3. That the Return of the Commitment is imperfect for that it sheweth onely the Cause of the detaining in Prison and not the Cause of the first Commitment Lastly That the Return is contradictory in it self For that in the first part thereof it is certified that the detaining of those Gentlemen in Prison is per speciale mandatum Domini Regis And when the Warrant of the Lords of the Council is shewn it appeareth that the Commitment is by the command of the King signified by the Lords of the Council The second general Exception was to the matter of the Return and that was touching the Imprisonment per speciale mandatum Domini Regis by the Lords of the Council without any Cause expressed Wherefore said Mr. Selden by the constant and setled Laws of this Kingdom without which we have nothing no man can be justly imprisoned either by the King or Council without a Cause of the Commitment and that ought to be expressed in the Return The Law saith expresly No Free-man shall be imprisoned without due Process of the Law Nullus liber homo capiatur vel imprisonetur nisi per legem terrae c. And in the Charter of King Iohn there are these words Nec eum in carcerem mittimus We will not commit him to Prison that is The King himself will not This right said Serjeant Bramston is the onely means that a Subject hath whereby to obtain his Liberty and the end of it is to return the Cause of the Imprisonment that it may be examined in this Court whether the parties ought to be discharged or not Which cannot be done upon this Return for the Cause of the Imprisonment is so far from appearing particularly by it that there is no Cause at all expressed And the Writ requires that the Cause of the Imprisonment should be returned and the Cause ought to be expressed so far as that it ought to be none of those Causes for which by the Laws of the Kingdom the Subject ought not to be imprisoned and it ought to be expressed that it was by Presentment or Indictment or upon Petition or Suggestion made unto the King For said he observe but the consequence If those Gentlemen who are committed without any Cause shewn should not be bailed but remanded the Subjects of the Kingdom may be restrained of their Liberty for ever and by Law there can be no remedy We shall not reflect upon the present time and Government but we are to look what may betide us in time to come hereafter The Laws are called the great Inheritance of every Subject and the Inheritance of Inheritances without which we have nothing that deserves the name of Inheritance If upon a Habeas Corpus a Cause of Commitment be certified then said Mr. Noy the Cause is to be tryed before your Lordships but if no Cause be shewn the Court must do that which standeth with Law and Justice and that is to deliver the party The Commons did complain in Ed. 3. his time that the great Charter and other Statutes were broken They desired that for the good of himself and his people they may be kept and put in execution and not infringed by making any Arrest by special command or otherwise And the Answer which was given them was this That the said great Charter and other Statutes should be put in execution according to the Petition without disturbance of Arrests by special command And the King granteth the Commons desire in the same words as they were expressed in their Petition And afterwards complaining again That notwithstanding this Answer of the King they were imprisoned by special command without Indictment or other legal course of Law The Kings Answer was upon another Petition unto him That he was therewith well pleased And for the future he added further If any man be grieved let him complain and right shall be done And forasmuch as it doth not appear to the Court that there was any Cause of the Commitment of these Members no Charge against them no Indictment or Process according to the Laws Wherefore Mr. Noy prayed they might be no longer detained in Prison but be bailed or discharged Admit the Commitment of the Command of the King was lawful yet said Mr. Calthorp when a man hath continued in prison a reasonable time he ought to be brought to answer and not to continue still in prison without being brought to answer For that it appeareth
Friends and Allies be not sufficient then no Eloquence of Men or Angels will prevail Only let me remember you That my duty most of all and every one of yours according to his degree is to seek the maintenance of this Church and Commonwealth And certainly there never was a time in which this duty was more necessarily required then now I therefore judging a Parliament to be the antient speediest and best way in this time of Common danger to give such Supply as to secure our selves and to save our Friends from imminent ruine have called you together Every man now must do according to his conscience Wherefore if you as God forbid should not do your duties in contributing what the State at this time needs I must in discharge of my conscience use those other means which God hath put into my hands to save that which the follies of particular men may otherwise hazard to lose Take not this as a Threatening for I scorn to threaten any but my Equals but an Admonition from him that both out of nature and duty hath most care of your preservations and prosperities And though I thus speak I hope that your demeanors at this time will be such as shall not only make me approve your former Councels but lay on me such obligations as shall tie me by way of thankfulness to meet often with you For be assured that nothing can be more pleasing unto me then to keep a good Correspondence with you I will only adde one thing more and then leave my Lord Keeper to make a short Paraphrase upon the Text I have delivered you which is To remember a thing to the end we may forget it You may imagine that I came here with a doubt of success of what I desire remembring the distractions of the last Meeting But I assure you that I shall very easily and gladly forget and forgive what is past so that you will at this present time leave the former ways of distractions and follow the Councel late given you To maintain the unity of the Spirit in the bond of Peace The Lord Keeper seconded his Majesty on this manner YE are here-in Parliament by his Majesties Writ and Royal command to consult and conclude of the weighty and urgent Business of this Kingdom Weighty it is and great as great as the honor safety and protection of Religion King and Country And what can be greater Urgent it is It is little pleasure to tell or think how urgent And to tell it with circumstances were a long work I will but touch the sum of it in few words The Pope and House of Austria have long affected the one a Spiritual the other a Temporal Monarchy And to effect their ends to serve each others turn the House of Austria besides the rich and vast Territories of both the Indies and in Africa joined together are become Masters of Spain and Italy and the great Country of Germany And although France be not under their subjection yet they have invironed all about it The very Bowels of the Kingdom swayed by the Popish Faction They have gotten such a part and such intercession in the Government that under pretence of Religion to root out the Protestants and our Religion they have drawn the King to their adherence so far that albeit upon his Majesties interposition by his Ambassadors and his engagement of his Royal word there was between the King and his Subjects Articles of Agreement and the Subjects were quiet whereof his Majesty interessed in that great Treaty was bound to see a true accomplishment yet against that strict Alliance that Treaty hath been broken and those of the Religion have been put to all extremity and undoubtedly will be ruined without present help So as that King is not onely diverted from assisting the Common Cause but hath been misled to engage himself in hostile acts against our King and other Princes making way thereby for the House of Austria to the ruine of his own and other Kingdoms Other Potentates that in former times did ballance and interrupt the growing greatness of the House of Austria are now removed and diverted The Turk hath made Peace with the Emperor and turned himself wholly into Wars with Asia The King of Sweden is embroiled in a War with Poland which is invented by Spanish practices to keep that King from succoring our part The King of Denmark is chased out of his Kingdom on this and on that side the Zound so as the House of Austria is on the point to command all the Sea-coasts from Dantzick to Embden and all the Rivers falling into the Sea in that great extent So as besides their power by Land they begin to threaten our Part by Sea to the subversion of all our State In the Baltique-Sea they are providing and arming all the Ships they can build or hire And have at this time their Ambassadors treating at Lubeck to draw into their service the Hans-Towns whereby taking from us and our Neighbors the Eastland-Trade by which our Shipping is supplied they expect without any blow given to make themselves Masters of that Sea In these Western parts by the Dunkirkers and by the now French and Spanish Admiral to the ruine of Fishing of infinite consequence both to us and the Low-Countries they infest all our Coast so as we pass not safely from Port to Port. And that Fleet which lately assisted the French at the Isle of Rhee is now preparing at S. Andrews with other Ships built in the Coast of Biscay to reinforce it and a great Fleet is making ready in Lisbon where besides their own they do serve themselves upon all Strangers Bottoms coming to that Coast for Trade And these great preparations are no doubâ— to assault us in England or Ireland as they shall find advantage and a place fit for their turn Our friends of the Netherlands besides the fear that justly troubles them lest the whole force of the Emperor may fall down upon them are distracted by their Voyages into the East which hath carried both Men and Money into another World and much weakened them at home Thus are we even ready on all sides to be swallowed up The Emperor France and Spain being in open War against us Germany overrun the King of Denmark distressed the King of Sweden diverted and the Low-Country-men disabled to give us assistance I speak not this to increase fear unworthy of English courages but to press to provision worthy the wisdom of a Parliament And for that cause his Majesty hath called you hither that by a timely provision against those great imminent dangers our selves may be strengthened at home our Friends and Allies encouraged abroad and those great causes of fear scattered and dispelled And because in all Warlike preparations Treasure bears the name and holds the semblance of the nerves and sinews And if a sinew be too short or too weak if it be either shrunk or strained the part becomes
yet acknowledged that the seven Statutes urged by the House of Commons are in force yet said that some of them are in general words and therefore conclude nothing but are to be expounded by Precedents and some of them are applied to the suggestion of Subjects and not to the Kings command simply of its self and that per legem terrae in Magna Charta cannot be understood for process of Law and original Writs for that in Criminal proceedings no original Writ is usual at all but every Constable either for Felony or breach of the Peace or to prevent the breach of the Peace may commit without Process or original Writ it were very hard the King should not have the power of a Constable They also argued That the King was not bound to express the cause of Imprisonment because there may be in it matter of State not fit to be revealed for a time lest the confederates thereupon make means to escape the hands of Justice Besides that which the Commons do say that the party ought to be delivered or bailed is a contradiction in its self for bayling doth signifie a kinde of Imprisonment still Delivery is a total freeing And besides bayling is a grace or favor of a Court of Justice and they may refuse to do it To this it was replyed That the Statutes were direct in Point and though some of them speak of suggestions of the Subjects yet they are in equal reason a commitment by command of the King as when the King taketh notice of a thing himself And for the words per legem terrae original Writs onely are not intended but all other legal process which comprehendeth the whole proceedings of the Law upon Cause other then trial by Jury and the course of the Law is rendred by due process of the Law and no man ought to be imprisoned by special command without indictment or other due process to be made by the Law And whereas it is said there might be danger in revealing the Cause that may be avoided by declaring a general Cause as for Treason suspicion of Treason misprision of Treason Felony without expressing the particulars which can give no greater light to a confederate then will be conceived upon the very apprehension upon the imprisonment if nothing at all were expressed And as for the bayling of the party committed it hath ever been the discretion of the Judges to give so much respect to a commitment by the command of the King or the privy Councel which are ever intended to be done in just and weighty Cases that they will not presently set them free but bail them to answer what shall be objected against them on the Kings behalf but if any other inferior Officer do commit a man without shewing cause they do instantly deliver him as having no cause to expect their leasure so that Delivery is applyed to the imprisoned by command of some mean minister of Justice Bailing when it is done by command of the King or his Councel and though Bailing is a grace and favor of the Court in case of Felony and other crimes for that there is another way to discharge them in convenient time by their trial but where no cause of imprisonment is returned but the command of the King there is no way to deliver such persons by trial or otherwise but that of the Habeas Corpus and if they should be then remanded they might be perpetually imprisoned without any remedy at all and consequently a man that had committed no offence might be in a worse case then a greater offender for the latter should have an ordinary trial to discharge him the other should never be delivered MAster Selden of the Inner-Temple argued next first making this Introduction Your Lordships have heard from the Gentleman that last spake a great part of the grounds upon which the House of Commons upon mature deliberation proceeded to that clear resolution touching the right of liberty of their persons The many Acts of Parliament which are the written Laws of the Land and are expresly in the Point have bin read and opened and such Objections as have been by some made unto them and Objections also made out of another Act of Parliament have been cleared and answered It may seem now perhaps my Lords that little remains needful to be further added for the enforcement and maintenance of so fundamental and established a Right and Liberty belonging to every freeman of the Kingdom The House of Commons taking into consideration that in this question being of so high a nature that never any exceeded it in any Court of Justice whatsoever all the several ways of just examination of the Truth should be used have also most carefully informed themselves of all former Judgements or Precedents concerning this great Point either way and have been no less careful of the due preservation of his Majesties just Prerogative then of their own Rights The Precedents here are of two kinds either meerly matter of Record or else the former resolutions of the Judges after solemn debate in the Point This Point that concerns Precedents the House of Commons have commanded me to present to your Lordships which I shall as briefly as I may so I do it faithfully and perspicuously to that end my Lords before I come to the particulars of any of those Precedents I shall first remember to your Lordships that which will seem as a general key for the opening and true apprehension of all them of record without which key no man unless he be verst in the entries and course of the Kings Bench can possibly understand In all cases my Lords where any Right or Liberty belongs to the Subjects by any positive Law written or unwritten if there were not also a remedy by Law for enjoying or regaining of this Right or Liberty when it is violated or taken from him the positive Law were most vain and to no purpose and it were to no purpose for any man to have any right in any Land or other Inheritance if there were not a known remedy that is an Action or Writ by which in some Court of ordinary Justice he might recover it And in this case of Right of Liberty of Person if there were not a remedy in the Law for regaining it when it is restrained it were of no purpose to speak of Laws that ordain it should not be restrained The Writ of Habeas Corpus or Corpus cum causa is the highest remedy in Law for any man that is imprisoned and the onely remedy for him that is imprisoned by the special command of the King or the Lords of the pâ—ivy Councel without shewing cause of the commitment and if any mâ—n be so imprisoned by any such Command or otherwise whatsoever though England and desire by himself or any other in his behalf this Writ of Hab. Corp. for the purpose in the Court of Kings Bench that Writ is to be granted to him
Petition his Majesty made this reply Mr. Speaker and Gentlemen when I sent you my last Message I did not expect a reply for I intended it to hasten you I told you at your first meeting this time was not to be spent in words and I am sure it is less fit for disputes which if I had a desire to entertain Mr. Speakers preamble might have given me ground enough The question is not now what Liberty you have in disposing of matters handled in your House but rather at this time what is fit to be done Wherefore I hope you will follow my example in eschewing Disputations and fall to your important business You make a Protestation of your affection and zeal to my Prerogative grounded upon such good and just Reasons that I must believe you But I look that you use me with the like charity to believe what I have declared more then once since your meeting with us that I am as forward as you for the preservation of your true Liberties Let us not spend so much time in this that may hazard both my Prerogative and your Liberties to our enemies To be short go on speedily with your businesses without any more Apologies for time calls fast on you which will neither stay for you nor me Wherefore it is my duty to hasten as knowing the necessity of it and yours to give credit to what I say as to him that sits at the Helm For what concerns your Petition I shall make answer in a convenient time FRom this time to the 25th of the same Moneth the House in a grand Committee spent most of their time in Debate about Martial Law and part thereof in giving the Lords a meeting at two Conferences concerning some Resolves in order to a Petition of Right transmitted by the Commons to their Lordships at which time Sir Robert Heath and Serjeant Ashley the Kings Councel were permitted to argue against the same and Serjeant Ashley in his discourse said The Propositions made by the Commons tended rather to an Anarchy then a Monarchy 2. That if they be yielded unto it is to put a Sword into the Kings hand with one hand and to take it out with the other 3. That they must allow the King to govern by Acts of State otherwise he is a King without a Councel or a Councel without a Power 4. That the question is too high to be determined by Law where the Conqueror or conquered will suffer irreparable loss For which expressions the Lords called the Serjeant to an account and committed him to custody and afterwards he recanted what he said Friday 25 of April The Lords had a Conference with the Commons where the Lord Archbishop of Canterbury spake as followeth Gentlemen of the House of Commons THe Service of the King and safety of the Kingdom do call on my Lords to give all speedy expedition to dispatch some of these great and weighty Businesses before us For the better effecting whereof my Lords have thought fit to let you know that they do in general agree with you and doubt not but you will agree with us to the best of your powers to maintain and support the fundamental Laws of the Kingdom and the fundamental Liberties of the Subject For the particulars which may hereafter fall into Debate they have given me in charge to let you know That what hath been presented by you unto their Lordships they have laid nothing of it by they are not out of love with any thing that you have tendred unto them They have Voted nothing neither are they in love with any thing proceeding from themselves For that which we shall say and propose is out of an intendment to invite you to a mutual and free Conference that you with a confidence may come to us and we with confidence may speak with you so that we may come to a conclusion of those things which we both unanimously desire We have resolved of nothing designed or determined of nothing but desire to take you with us praying help from you as you have done from us My Lords have thought of some Proposions which they have ordered to be read here and then left with you in Writing That if it seem good to you we may uniformly concur for the substance and if you differ that you would be pleased to put out adde alter or diminish as you shall think fit that so we may come the better to the end that we do both so desirously embrace Then the Propositions following were read by the Clerk of the upper House THat his Majesty would be pleased graciously to Declare That the good old Law called Magna Charta and the six Statutes conceived to be Declarations and Explanations of that Law do still stand in force to all intents and purposes 2. That his Majesty would be pleased graciously to Declare That according to Magna Charta and the Statutes afore named as also according to the most ancient Customs and Laws of this Land every free Subject of this Realm hath a fundamental Propriety in his Goods and a fundamental Liberty of his Person 3. That his Majesty would be graciously pleased to Declare That it is his Royal pleasure to ratifie and confirm unto all and every his Loyal and faithful Subjects all their ancient several just Liberties Priviledges and Rights in as ample and beneficial maner to all intents and purposes as their Ancestors did enjoy the same under the best of his most noble Progenitors 4. That his Majesty would be further pleased graciously to Declare for the good content of his loyal Subjects and for the securing of them from future fear That in all Cases within the Cognizances of the Common Law concerning the liberties of the Subject his Majesty would proceed according to the Common Law of this Land and according to the Laws established in the Kingdom and in no other maner or wise 5. As touching his Majesties Royal Prerogative intrinsical to his Soveraignty and betrusted him withal from God ad communem totius populi salutem non ad destructionem that his Majesty would resolve not to use or divert the same to the prejudice of any his loyal People in the propriety of their Goods or liberty of their Persons And in case for the security of his Majesties royal Person the common safety of his People or the peaceable Government of this Kingdom his Majesty shall finde just cause for reason of State to imprison or restrain any mans Person his Majesty would graciously Declare That within a convenient time he shall and will express the cause of the commitment or restraint either General or Special and upon a cause so expressed will leave him immediately to be tryed according to the common Justice of the Kingdom After the reading of the Propositions the Archbishop said THis is but a Model to be added unto altered or diminished as in your reasons and wisdoms ye shall think fit after ye
of the Kings Bench this Law will not bend and when it lights on Subjects fitting if it do not bend it is unjust And there comes in the Law of the Chancery and of Equity this is Application of Law in private mens Causes when it comes to Meum tuum And thus the general Government of Cases with relation to the common State of the Kingdom is from the Council Board and there they are to vary from the Law of the Kingdom Suppose it be in time of Dearth Propriety of Goods may in that time be forced and be brought to the Market We saw the experience of it in Coals in London and the Council Board caused them to be brought forth and sold. In a time of Pestilence men may be restrained If a Schism be like to grow in a Church the State will enquire after the favorers of it if there be feaâ— of Invasion and it be encouraged by hope of a Party amongst us it is in the power of Government to restrain men to their houses In the Composure of these things there is great difference What differences have been between the Courts of Chancery and Kings Bench It is hard to put true difference between the Kings Prerogative and our Liberties His Majesty saw expence of time would be prejudicial it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties let us attend to all the parts of it there be Five Degrees and there is more assurance then we could have by any Law whatsoever His Majesty declares That Magna Charta and the other Statutes are in force This is not the first time that the Liberty of the Subject was infringed or was in Debate and confirmed all times thought it safe that when they came to a Negative of Power it was hard to keep Government and Liberty together but his Majesty stopped not there but according to the sense of these Laws That he will govern his Subjects in their just Liberties he assures us our Liberties are just they are not of Grace but of Right nay he assures us he will govern us according to the Laws of the Realm and that we shall finde as much security in his Majesties Promise as in any Law we can make and whatsoever Law we shall make it must come to his Majesties allowance and if his Majesty finde cause in his Government he may not put life to it We daily see all Laws are broken and all Laws will be broke for the Publique good and the King may pardon all Offenders his Majesty did see that the best way to settle all at unity is to express his own heart The Kings heart is the best guarder of his own promise his promise is bound with his heart What Prince can express more care and wisdom Lastly he saith That hereafter ye shall never have the like cause to complain May we not think the breach is made up is not his Majesty ingaged in his Royal word The conclusion is full of weight and he prayes God that as God hath blessed this Kingdom and put it into his heart to come amongst us so to make this day successful The wrath of a King is like the roaring of a Lyon and all Laws with his wrath are to no effect but the Kings favour is like to the dew of the grass there all will prosper and God made the Instruments to unite all hearts His Majesty having thus discharged himself he prayes us to proceed to the business that so much concerns him As his Majesty hath now shewed himself the best of Kings let us acknowledge his Majesties goodness and return to that Union which we all desire But this motion was not received with general acceptation and Sir Benjamin Rudyard replyed to it in these words WE are now upon a great business and the maner of handling it may be as great as the business it self Liberty is a precious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for mine own part I am clear without scruple that what we have resolved is according to the Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him ere now out of all question the very scope and drift of Magna Charta was to reduce the Regal to a Legal Power in matter of Imprisonment or else it had not been worthy so much contending for It is true That the King ought to have a trust reposed in him God forbid but he should and I hope it is impossible to take it from him for it lies not in the wit of man to devise such a Law as shall comprehend all particulars all accidents but that extraordinary Causes may happen which when they come if they be disposed of for the common good there will be no Law against them yet must the Law be general for otherwise Admissions and Exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of Nature to govern the ordinary course of things he hath made no Law for Miracles yet there is this observation of them that they are rather praeter naturam then contra naturam and always propter bones fines So the Kings Prerogatives are rather besides the Law then against it and when they are directly to their ends for the publique good they are not onely concurring Laws but even Laws in singularity and excellency But to come nearer let us consider where we are now what steps we have gone and gained The Kings learned Councel have acknowledged all the Laws to be still in force the Judges have not allowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolutions intire and without prejudice All this hitherto is for our advantage but above all his Majesty hath this day himself being publiquely present declared by the mouth of the Lord Keeper before both the Houses That Magna Charta and the other six Statutes are still in force That he will maintain his Subjects in the Liberties of their Persons and Proprieties of their Goods That he will govern them according to the Laws of the Kingdom this is a solemn and binding satisfaction expressing his gracious readiness to comply with his people in their reasonable and just desires The King is a good Man and it is no diminution to a King to be called so for whosoever is a good Man shall be greater then a King that is not so The King certainly is very tender of his present Honor and of his Fame hereafter He will think it hard to have a worse mark set upon him then upon any of his Ancestors by extraordinary restraints His Majesty hath already intimated unto us by a Message That he doth willingly give way to have the abuse of Power reformed by which I
things better yet certainly the state and condition of the several parts for which we serve their dispositions and inclinations their apprehensions their fears and jealousies are best known unto us and here I pray your Lordships to give me leave to use the Figure called Reticentia that is to insinuate and intimate more then I mean to speak Our chief and principal end in this Parliament is to make up all Rents and Breaches between the King and his Subjects to draw them and knit them together from that distance whereof the world abroad takes too much notice to work a perfect union and reconciliation how unproperly and unapt at this time this Addition will be in respect of this end we cannot but foresee and therefore shun it and do resolve that it is neither agreeable to the Persons of such Counsellors of whom we are nor answerable to that Love and Duty which we owe to his Majesty to hazard an end of such unspeakable consequence upon the admittance of this Addition into our Petition whereof as we have shewed the omission at this time can by no means harm the Kings Prerogative the expression may produce manifold inconveniences and therefore since this admittance of your Lordships Addition into our Petition is incoherent and incompatible with the body of the same since there is no necessary use of it for the saving of the Kings Prerogative since the moderation of our Petition deserveth your Lordships cheerful conjunction with us since this Addition is unseasonable for the time and inconvenient in respect of the place where your Lordships would have it inserted and lastly may prove a disservice to his Majesty I conclude with a most affectionate Prayer to your Lordships to conclude with the House of Commons in presenting this Petition to his Sacred Majesty as it is without this Addition Monday 26. of May The Lord Keeper made this Speech at a Conference Gentlemen YE that are Knights Citizens and Burgesses of the House of Commons I have many times this Parliament by Command from my Lords declared the great zeal and affection which my Lords have to maintain and nourish the good Concurrence and Correspondency which hath hitherto continued between both Houses that there might be a happy issue in this great business for the common good of the King and Kingdom Now that which I have to say this day from my Lords is to let you know this fair proceeding is not a profession of words onely but really and indeed concerning the Petition which hath been long in agitation as the weight of the cause required since the last Conference my Lords have taken it into their serious and instant consideration and at length are faln upon a Resolution which I am to acquaint you with The Lords have unanimously agreed with you in omnibus and have voted that they will joyn with you in your Petition with the onely alterations of the word means to be put in stead of the word pretext and for the word unlawful to be put out and in place thereof to adde not warrantable by the Laws and Statutes of the Realm which two alterations your selves consented unto So that concerning this business there remains nothing now but that ye having the Petition in your hands will if ye have not already vote it as they have done and so prepare it for his Majesty and my Lords will take order that the King be moved for a speedy access to present the same to his Majesty And after some pause he said There rests one thing which my Lords have commanded me to adde that in regard this Petition toucheth upon certain Charges raised by the Lords Lieutenants and other Persons many times for good use for the service and safety of the Kingdom That ye take it into your Care and Consideration and to provide a Law for assessing of such Charges as the occasion of the time shall require The Lords and Commons being thus happily accorded the Petition with the aforesaid amendments was read in the House two several times together Then it was Voted upon question and that it should be ingrossed and read the third time and the House to sit in the afternoon till it was ingrossed and read and ordered to be presented to the King to which there was not a negative Vote And the Bill of Subsidie was also read the second time and committed Wednesday 28 May the Lords and Commons had a Conference about the maner of delivery of the Petition and Sir Edward Cook reported That their Lordships were agreed that no Addition or Preface be used to the King but that the Petition be preferred to his Majesty by command of the Lords and Commons and his Majesty be desired that to the content of his People he would be pleased to give his gracious Answer in full Parliament About this time Mr. Rouse brought in a Charge against Doctor Ed. Manwaring which some days after was seconded with a Declaration Mr. Speaker I Am to deliver from the Committee a Charge against Mr. Manwaring a Preacher in Divinity but a man so Criminous that he hath turned his Titles into Accusations for the better they are the worse is he that dishonors them Here is a great Charge that lies upon him it is great in it self and great because it hath many great Charges in it Serpens qui serpentem devorat fit draco his Charge having digested many Charges into it becomes a Monster of Charges The main and great one is this Plot and Practise to alter and subvert the Frame and Fabrick of this Estate and Commonwealth This is the great one and it hath others in it that gives it more light To this end 1. He labors to infuse into the Conscience of his Majesty the perswasion of a power not bounding it self with Laws which King James of famous Memory calls in his Speech to the Parliament Tyranny yea Tyranny accompanied with Perjury 2. He endeavors to perswade the Conscience of the Subjects that they are bound to obey Commands illegal yea he damns them for not obeying them 3. He robs the Subjects of the propriety of their Goods 4. He brands them that will not lose this propriety with most scandalous Speeches and odious Titles to make them both hateful to Prince and People so to set a division between the Head and the Members and between the Members themselves 5. To the same end not much unlike to Faux and his fellows he seeks to blow up Parliaments and Parliamentary Powers The fifth being duly viewed will appear to be so many Charges and they make up all the great and main Charge a mischievous Plot to alter and subvert the frame and government of this State and Common-wealth And now though you may be sure that Mr. Manwaring leaves us no propriety in our Goods yet he hath an absolute propriety in this Charge here himself making up his own Charge Here he read several Passages out of his Book and then
proceeded and said You have heard his Charge made up by his own words and withall I doubt not but you seem to hear the voice of that wicked one Quid dabitis what will you give me and I will betray this State Kingdom and Commonwealth But there are two Observations I might adde a third which is like unto a threefold Cord which cannot be easily broken will draw the Charge more violently upon him The first is of the Time when this Doctrine of destruction was set forth it was Preached in the heart of the Loan and it was Printed in the beginning of that Term which ended in a Remittitur So that you might guess there might be a double Plot by the Law and Conscience to set on fire the frame and estate of this Commonwealth And one of these intailed Foxes was Mr. Manwaring Another note may be taken of the time that is the unseasonableness of it for this Doctrine of the Loan in case of necessity was the year after an assent in Parliament to four Subsidies and three Fifteens which might serve for a sufficient stopple for the Doctors mouth to keep in his Doctrine of Necessity A second observation may be of the Means by which he seeks to destroy this Commonwealth his means are Divinity yea by his Divinity he would destroy both King and Kingdom The King for there can be no greater mischief to a Prince then to put the opinion of Deity into his ears for if from his ears ti should have passed to his heart it had been mortal You know how Herod perished Now this man gives a participation of Divine Omnipotence to Kings and though a part may seem to qualifie yet all doth seem again to fill up that qualification and very dangerously if we remember that God saith of himself I am a jealous God He goes about to destroy the Kingdom and Commonwealth by his Divinity but do we finde in Scripture such a destroying Divinity Surely I finde there that God is a God of order and not of confusion and that the Son of God came to save and not to destroy By which it seems he hath not his Divinity from God nor from the Son of God And that we may be sure he went to Hell for Divinity he names sundry Jesuits and Fryers with whom he consulted and traded for his Divinity But not to belye Hell it self the Jesuits are honester then he for if he had not brought more hell unto them then he found with them he had not found this Divinity in them which he hath brought forth yea in his quotations he hath used those shifts and falshoods for which Boyes are to be whipt in Schools and yet by them he thinks to carry the Cause of a Kingdom But for a conclusion to give the true Character of this man whom I never saw I will shew it you by one whom I know to be contrary to him Samuel we know all to be a true Prophet now we read of Samuel that he writ the Law of the Kingdom in a Book and laid it up before the Lord. And this he did as one of Mr. Manwarings own Authors affirms that the King may know what to command and the People what to obey But Mr. Manwaring finding the Law of this Kingdom written in Books tears it in pieces and that in the presence of the Lord in a Pulpit that the King may not know what to command nor the People what to obey Thus Mr. Manwaring being contrary to a true Prophet must needs be a false one and the Judgement of a false Prophet belongs to him I have shewed you an evil Tree that bringeth forth evil fruit and now it rests with you to determine whether the following sentence shall follow Cut it down and cast it into the fire ABout this time the Mayor of Plimouth certified to the Burgesses serving for that Town in Parliament the Examination of Le Brun a Frenchman Captain of the Mary of Rotchel taken the 16 of May 1628. viz. The Examinate saith That on Sunday being the 17 of April last past he departed from Plimouth Harbor in company with the English Fleet whereof the Earl of Denbigh is General and on the first day of May then following the said Fleet arrived and came at Anchor at Charleboy in the Rode of Rotchel about four of the Clock in the afternoon where at the said arrival they found twenty sail of the King of France his Ships whereof six were Ships of about 300 Tuns and the rest were small Shâ—ps and forthwith with the said French Ships put themselves to sail and went in nearer to the fortifications where they also anchored within two Canon shot of the English Fleet and saith That one of his Majesties Ships shot off one piece of Ordinance and no more and that the said French Ships as they returned from the English Fleet shot off oftentimes to them and that the same Fleet remained there until the eighth day of the said moneth of May in which time there was a Wherry sent from the Fleet into Rotchel wherein there were two English and one Frenchman to inquire the state of the said Town and that if they were there safe arrived they should make a fire upon one of the Towers of the Town to give notice thereof which accordingly they did and also to make so many fires more on the Walls of the said Town as they have moneths victuals there but they made not any answer thereof whence it was collected that they had but a small quantity of victuals and said That the said English as he hath heard promised to sink the said French Ships when the waters did increase and the wind came at West-north-west it being then Neap-tides and about two days after the waters did increase and the winds came accordingly and being then intreated to fight with them yet did not but came away without fighting or relieving the Town and saith That on the eighth day of May the said English Fleet weighed Anchor and set sail to depart and four of the French great Ships weighed Anchor also and came after them and shot divers times at the said Fleet and the said Fleet shot at them again and the said Examinate came in company with the said Fleet as far as Bell Isle where he departed from them on the tenth of this instant and lastly saith That during all the time the English Fleet was there the Town of Rotchel shot to the King of France his Ships and Fort but chiefly upon the arrival of the said Fleet there This Examination being communicated to the Councel Table it procured this ensuing Letter from the Privy Councel to the Duke dated the 30 of May 1628. viz. WHereas it is his Majesties pleasure that the Earl of Denbigh shall return back to relieve the Town of Rotchel with the Fleet under his Charge We do therefore pray your Grace to signifie this his Majesties pleasure unto the said Earl and to give him
to be applied to the King of England The next kinde of Proof was from his Censures and determinations upon the particular Case of the late Loan which by necessity and parity of reason were likewise applicable to all Cases of the like nature And lest by frailty of memory he might mistake the words or invert the sense he desired leave to resort to his Paper wherein the places were carefully extracted out of the Book it self And then he read each particular Clause by it self pointing to the Page for proof which we here forbear to mention referring the Reader to the Book it self Then he proceeded and said That from this evidence of the Fact doth issue a clear evidence of his wicked intention to misguide and seduce the Kings Conscience touching the observation of the Laws and Liberties of the Kingdom to scandalize and impeach the good Laws and Government of the Realm and the Authority of Parliaments which are two of those Characters of malice which he formerly noted and now inforced thus If to give the King ill Counsel in some one particular Action hath heretofore been heavily punished in this high Court how much more hainous must it needs be thought by ill Counsel to pervert and seduce his Majesties Conscience which is the soveraign Principle of all moral Actions from which they are to receive warrant for their direction before they be acted and Judgement for their reformation afterwards If Scandalum magnatum Slander and Infamy cast upon great Lords and Officers of the Kingdom have been always most severely censured how much more tender ought we to be of that Slander and Infamy which is here cast upon the Laws and Government from whence is derived all the Honor and Reverence which is due to those great Lords and Magistrates All men and so the greatest and highest Magistrates are subject to passions and partialities whereby they may be transported into overhard injurious Courses Which Considerations may sometimes excuse though never justifie the railing and evil speeches of men who have been so provoked it being a true rule That whatsoever gives strength and inforcement to the temptation in any sin doth necessarily imply an abatement and diminution of guilt in that sin But to slander and disgrace the Laws and Government is without possibility of any such excuse it being a simple act of a malignant Will not induced nor excited by any outward provocation the Laws carrying an equal and constant respect to all ought to be reverenced equally by all And thus he derived the Proofs and Inforcements upon the first Article of the Charge The second Article he said contained three Clauses 1. That these refusers had offended against the Law of God 2. Against the supreme Authority 3. By so doing were become guilty of Impiety Disloyalty Rebellion Disobedience and lyable to many other Taxes For proof of all these he said he needed no other evidence then what might be easily drawn from those places which he had read already for what impiety can be greater then to contemn the Law of God and to prefer humane Laws before it what greater disloyalty rebellion and disobedience then to depress supreme Authority to tye the hands and clip the wings of Soveraign Princes Yet he desired their Lordships patience in hearing some few other places wherein the Stains and Taint which the Doctor endeavored to lay upon the Refusers might appear by the odiousness of their comparisons in which he doth labor to rank them The first Comparison is with Popish Recusants yet he makes them the worst of the two and for the better resemblance gives them a new name of Temporal Recusants For this he alledgeth the 1. Sermon Page 31 32. and part of the fifth Consideration by which he would perswade them to yield to this Loan Fifthly If they would consider what advantage this their Recusancy in Temporals gives to the common adversary who for disobedience in Spirituals have hitherto alone inherited that name for that which we our selves condemn in them for so doing and profess to hate that Religion which teacheth them so to do that is to refuse subjection unto Princes in Spirituals the same if not worse some of our side now if ours they be dare to practise We must needs be argued of less Conscience and more Ingratitude both to God and the King if in Temporal things we obey not They in Spirituals deny subjection wherein they may perhaps frame unto themselves some reasons of probability that their offence is not so hainous if we in Temporals shall be so refractory what colour of reason can we possibly finde to make our defence withal without the utter shaming of our selves and laying a stain which cannot easily be washed out upon that Religion which his Majesty doth so graciously maintain and our selves profess The second Comparison is with Turks and Jews in the 2. Sermon Page 47. What a Paradox is c. What a Turk will do for a Christian and a Christian for a Turk and a Jew for both c. the same and much less Christian men should deny to a Christian King The third Comparison is with Corah Dathan and Abiram Theudas and Iudas which is taken out of the second Sermon Page 49. where he labors to deprive those refusers of all merit in their sufferings for this Cause Corah Dothan and Abiram whom for their murmurings God suddenly sunk into Hell fire might as well alledge their sufferings had some resemblance with that of the three Children in the Babylonian Furnace and Theudas and Iudas the two Incendiaries of the people in the days of Caesars tribute might as well pretend their Cause to be like the Maccabees Thus he ended the second Article of the Charge upon which he said were imprinted other two of these six Characters of malice formerly vented That is a wicked intention to increase his Majesties displeasure against his good Subjects so refusing and to alienate his heart from the rest of his People Both which were Points so odious that he needed not to adde any further inforcement or illustration The third Article conteined three Clauses 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry Impediments to the just designs of Princes and to give them occasion of displeasure and discontent For proof of all which he alledged two places conteining the two first of those six Considerations which are propounded by the Doctor to induce the refusers to yield to the Loan in the first Sermon Page 26 27. First if they would please to consider that though such Assemblies as are the highest and greatest Representations of a Kingdom be most Sacred and Honorable and Necessary also to those ends to which they were at first instituted yet know we must that ordained they were not to this end to
meanings Touching which it was observed that most of his places are such as were intended by the Authors concerning absolute Monarchies not regulated by Laws or Contracts betwixt the King and his People and in answer to all Authorities of this kinde were alledged certain passages of a Speech from our late Soveraign King Iames to â—he Lords and Commons in Parliament 1609. In these our times we are to distinguish betwixt the state of Kings in their first original and between the state of setled Kings and Monarchs that do at this time govern in Civil Kingdoms c. Every just King in a setled Kingdom is bound to observe the paction made to his People by his Laws in framing his Government agreeable thereunto c. All Kings that are not Tyrants or perjured will be glad to bound themselves within the limits of their Laws and they that perswade them to the contrary are Vipers and Pests both against them and the Commonwealth It was secondly observed that in the 27. page of his first Sermon he cites these words out of Suarez de legibus lib. 5. cap. 17. Acceptationem populi non esse conditionem necessariam ex vi Iuris naturalis aut gentium neque ex Iure communi the Jesuit adds neque ex antiquo Jure Hispaniae which words are left our by the Doctor lest the Reader might be invited to enquire what was antiquâ—m jus Hispaniae and it might have been learned from the same Author in another place of that Work that about two hundred years since this liberty was granted to the People by one of the Kings that no Tribute should be imposed without their consent And the Author adds further that after the Law introduced and confirmed by Custome the King is bound to observe it From this place he took occasion to make this short digression That the Kings of Spain being powerful and wise Princes would never have parted with such a mark of absolute Royalty if they had not found in this course more advantage then in the other and the success and prosperity of that Kingdom through the valor and industry of the Spanish Nation so much advanced since that time do manifest the wisedom of that change The third observation of fraud in perverting his Authors was this In the twentieth Page of the first Sermon he cites these words out of the same Suarez de legibus li. 5. ca. 15. fol. 300. Tributa esse maximè naturalia prae se ferre Justitiam quia exiguntur de rebus propriis This he produceth in proof of the just right of Kings to lay Tributes And no man that reads it doubts but that in Suarez opinion the Kings Interest and Propriety in the Goods of his Subjects is the ground of that Justice But the truth is that Suarez in that Chapter had distributed Tributes into divers kinds of which he calls one sort tributum reale and describes it thus Solent ita vocari pensiones quaedam quae penduntur regibus principibus exteris agris quae a principio ad sustentationem illis applicata fuerunt ipsi vero in feodum aliis ea donarunt sub certa pensione annua quae jure civili Canon appellari solet quia certa regula lege praescripta erat So that the issue is this which Suarez affirms for justification of one kinde of Tribute which is no more then a Fee farm of rent due by reservation in the grant of Kings own lands the Doctor herein worse then a Jesuit doth wrest to the justification of all kinds of Tribute exacted by Imposition upon the goods of the Subjects wherein the King had no interest or propriety at all 4. The last aggravation was drawn from his behaviour since these Sermons preached whereby he did continue still to multiply and increase his offence yea even since the sitting of the Parliament and his being questioned in Parliament upon the fourth of May last he was so bold as to publish the same doctrine in his own parish Church of St. Giles the points of which Sermons were these That the King had right to order all as to him should seem good without any mans consent That the King might require in time of necessity Aid and if the Subjects did not supply the King might justly avenge it That the Propriety of Estate and Goods was ordinarily in the Subject but extraordinarily that is in case of the Kings need the King hath right to dispose them These Assertions in that Sermon he said would be proved by very good testimony and therefore desired the Lords that it might be carefully examined because the Commons held it to be a great contempt to the Parliament for him to maintain that so publikely which was here questioned They held it a great presumption for a private Divine to debate the Right and Power of the King which is a matter of such a nature as to be handled only in this High Court and that with moderation and tenderness and so he concluded that point of aggravation In the last place he produced some such precedents as might testifie what the opinion of our Ancestors would have been if this case had fallen out in their time And herein he said he would confine himself to the reigns of the first three Edwards two of them Princes of great glory He began with the eldest Westm. 1. Ca. 33. By this Statute 3. Edw. 1. provision was made against those who should tell any false News or devise by which any discord or scandal may arise betwixt the King his People and great Men of the Kingdom 27. Edw. 3. Rot. part nu 20. It was declared by the Kings Proclamation sent into all the Counties of England That they that reported that he would not observe the Great Charter were malitious people who desired to put trouble and debate betwixt the King and his Subjects and to disturb the peace and good estate of the King the People and the Realm 5. Edw. 2. Inter novas ordinationes Henry de Beamond for giving the King ill Counsel against his Oath was put from the Councel and restrained for coming into the presence of the King under pain of confiscation and banishment 19. Edw. 2. Clause Minidors Commissions were granted to inquire upon the Statute of W. 1. touching the spreading of News whereby discord and scandal might grow betwixt the King and his People 10. Edw. 3. Clause M. 26. Proclamations went out to arrest all them who had presumed to report that the King would lay upon the Wools certain sums besides the antient and due Customes where the King calls these reports exquisita mendacia c. quae non tantum in publicam laesionem sed in nostrum cedunt damnum dedecus manifestum 12. Edw. 3. Rot. Almaniae The King writes to the Archbishop of Canterbury excusing himself for some impositions which he had â—aid professeth his great sorrow for it desires the Archbishop by Indulgences and other ways to stir up the
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
called to the Councel-board at Hampton Court about some things which were complained of in reference to the Customs did then and there in an insolent manner in the presence or hearing of the Lords and others of his Majesties Privy Council then sitting in Counsel utter these undutiful seditious and false words That the Merchants are in no part of the World so skrewed and wrung as in England That in Turky they have more incouragement By which words he the said Richard Chambers as the Information setteth forth did endeavor to alienate the good affection of his Majesties Subjects from his Majesty and to bring a slander upon his just Government and therefore the Kings Attorney prayed process against him To this Mr. Chambers made answer That having a Case of silk Grogerams brought from Bristol by a Carrier to London of the value of 400. l. the same were by some inferior Officers attending on the Custome-house seized without this Defendants consent notwithstanding he offered to give security to pay such Customs as should be due by Law and that he hath been otherwise grieved and damnified by the injurious dealing of the under-Officers of the Custome-house and mentioned the particulars wherein and that being called before the Lords of the Council he confesseth that out of the great sence which he had of the injuries done him by the said inferior Officers he did utter these words That the Merchants in England were more wrung and screwed then in forreign Parts Which words were onely spoken in the presence of the Privy-Council and not spoken abroad to stir up any discord among the people and not spoken with any disloyal thought at that time of his Majesties Government but onely intending by these words to introduce his just Complaint against the wrongs and injuries he had sustained by the inferiour Officers and that as soon as he heard a hard construction was given of his words he endeavoured by petition to the Lords of the Council humbly to explain his meaning that he had not the least evil thought as to his Majesties Government yet was not permitted to be heard but presently sent away prisoner to the Marshalsea and when he was there a prisoner he did again endeavour by petition to give satisfaction to the Lords of the Council but they would not be pleased to accept of his faithful explanation which he now makes unto this honourable Court upon his Oath and doth profess from the bottom of his heart That his speeches onely aimed at the abuses of the inferiour Officers who in many things dealt most cruelly with him and other Merchants There were two of the Clerks of the Privy-Council examined as Witnesses to prove the words notwithstanding the Defendant confessed the words in his Answer as aforesaid who proved the words as laid in the Information And on the sixth of May 1629. the Cause came to be heard in the Star-Chamber and the Court were of opinion that the words spoken were a comparing of his Majesties Government with the Government of the Turks intending thereby to make the people believe that his Majesties happy Government may be tearmed Turkish Tyranny and therefore the Court fined the said Mr. Chambers in the sum of 2000 l. to his Majesties use and to stand committed to the prison of the Fleet and to make submission for his great offence both at the Council-board in Court of Star-Chamber and at the Royal Exchange There was a great difference of opinion in the Court about the Fine and because it is a remarkable Case here followeth the names of each several person who gave sentence and the Fine they concluded upon viz. Sir Francis Cottington Chancellour of the Exchequer his opinion was for 500 l. Fine to the King and to acknowledge his offence at the Council-board the Star-Chamber-Bar and Exchange Sir Tho. Richardson Lord chief Justice of the common pleas 500 l. Fine to the King and to desire the Kings favour Sir Nicholas Hide Lord chief Justice of the Kings Bench 500 l. and to desire the Kings favour Sir Iohn Cook Secretary of State 1000 l. Sir Humphry May Chancellour 1500 l. Sir Thomas Edmons 2000 l. Sir Edward Barret 2000 l. Doctor Neal Bishop of Winchester 3000 l. Doctor Laud Bishop of London 3000 l. Lord Carlton principal Secretary of State 3000 l. Lord Chancellour of Scotland 2000 l. Earl of Holland 1500 l. Earl of Doncaster 1500 l. Earl of Salisbury 1500 l. Earl of Dorset 3000 l. Earl of Suffolk 3000 l. Earl of Mountgomery Lord Chamberlain 1500 l. Earl of Arundel Lord High Marshal 3000 l. Lord Montague Lord Privy Seal 3000 l. Lord Connoway 2000 l. Lord Weston Lord Treasurer 3000 l. Lord Coventry Lord Keeper of the Great Seal 1500 l. So the fine was setled to 2000 l. And all except the two Chief Justices concurred for a submission also to be made And accordingly the copy of the submission was sent to the Warden of the Fleet from Mr. Atturny General to shew the said Richard Chambers to perform and acknowledg it and was as followeth I Richard Chambers of London Merchant do humby acknowledge that whereas upon an Information exhibited against me by the Kings Atturney General I was in Easter Term last sentenced by the Honourable Court of Star-Chamber for that in September last 1628. being convented before the Lords and others of his Majesties most Honourable Privy-Council Board upon some speeches then used concerning the Merchants of this Kingdom and his Majesties well and gracious usage of them did then and there in insolent contemptuous and seditious manner falsly and maliciously say and affirm That they meaning the Merchants are in no parts of the world so skrewed and wrung as in England and that in Turky they have more incouragement And whereas by the sentence of that Honorable Court I was adjudged among other punishments justly imposed upon me to make my humble acknowledgment and submission of this great offence at this Honorable Board before I should be delivered out of the Prison of the Fleet whereto I was then committed as by the said Decree and Sentence of that Court among other things it doth and may appear Now I the said Richard Chambers in obedience to the Sentence of the said Honorable Court do humbly confess and acknowledg the speaking of these words aforesaid for the which I was so charged and am heartily sorry for the same and do humbly beseech your Lordships all to be Honorable intercessors for me to his Majesty that he would be graciously pleased to pardon that graet error and fault so committed by me When Mr. Chambers read this draught of submission he thus subscribed the same All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never to death will acknowledge any part thereof Rich. Chambers Also he under-writ these Texts of Scripture to the said Submission before he returned it That make a man an offender
it particular It hath been confessed by one that argued on the other side that there is a generall in a particular C. 4. Hollands case there is the most generall and there is generall in particular as the State Ecclesiasticall 3 ly There is more particular as Colledges Deans and Chapters This being in a case of Return upon Habeas Corpus no precise certainty is required In an Indictment a certainty of all circumstances is requisite in Pleading a certainty is required in Counâ—s a more precise certainty in Barrs a certainty to a common intent is enough There is not such precise certainty required here as in Indictment or Count because the party ought to answer unto them nor so much certainty is required in this as in a Bar. And the Return is not incertain for as it is said in Plowden 202. and 193. a thing is incertain where it may be taken indifferently one way or the other But where the intendment the one way exceeds the intendment the other way it is not uncertain as it is here The words are for notable contempts against Us and Our Government for stirring up of sedition against Us Here is certainty of intendment one way There are many Writs which are more uncertain thâ—â— this Return here is yet good The Writ concerning the taking of an Apostate is general Quod spreto habitu Ordinis and yet there are more sorts of Apostasies In the Writ concerning the amoving of a Leper the words are generall and yet it appears by F. N. B. that there are two kinds of Lepers one outward and the other inward and for the latter the Writ concerning amoving a Leper So the Writs concerning the burning of an Heretick and concerning the examining of an Idiot are general and yet there are sundry kinds of Hereticks and Idiots also But it hath been objected that Sedition is not a Law-tearm nor known in the Law of which the Iudges can take no notice but the words to expresse offences of this nature are Murder Treason Felony c. and that no Indictment of Sedition generally was ever seen To this I answer Perhaps it is true that no Indictment was ever seen made because the form of an Indictment is precise words of art are required therein as appears in Dyer 69.261 C. 4. Vaux's case yet in 5 E. 6. Dyer 69. it is said that Furatus implies Felonicè cepit although the contrary hath been objected In a Return words by Periphrasis are sufficient The Warrant of a Iustice of Peace to apprehend I. S. because of prepensed malice interfecit I. D. is good enough although there wants the word murdravit In 5 R. 2. F. tryal 54. Belknap saies That a miscreant shall forfeit his land Out of which it may be gathered that a man may be Indicted for miscreancy And it seems likewise that an Indictment of sedition may be good for in some cases it is Treason I agree Peaks case which hath been obiected that for these words seditious fellow no action lies and so is C. 4.19 b. because those words do not import an act to be done but onely an inclination to do it but if a man say such words of another which import that he hath made sedition they are actionable as it was resolved in Phillips Badby's case 24 Eliz. C. 4.19 a. Thou hast made a seditious Sermon and moved the people to sedition this day adjudged actionable So in the Lord Cromwells C. 4.12 13. the action would have lain for those words You like of those that maintain sedition against the Queens proceedings if there had not been another matter in the case I agree the case of 21 E. 3. Sir John Garboyls case 42. E. 3. for in those cases sedition was only taken adjectively and shewes an inclination onely to do a seditious act in such sense sedition may be applyed to other offences then treason In 31 E. 1. f. gard 157. Gardein in Socage made feofment of land which he had in Ward This is forfeiture saies the Book for the treason which he did to the Ward so there one thing is called treason which is onely a breach of trust In an appeal of Mayhem it is felonicè and yet 6 H. 7.1 it is not Felony But felony is there onely put to expresse the hainousnesse of the offence it is as it were a felony The Statutes of 2 H. 4.1 Mar. 13 Eliz. 35 Eliz. 17 R. 2.3 4 E. 6.14 Eliz. which have been objected have the word Sedition but not applyable to this case Bracton in his Book de Corona saies Si quis c. If any by rash attempt plotting the Kings death should act or cause any to act to the sedition of the Lord the King or of his Army it is treason And Glanvil in as many words saies That to do any thing in sedition of the Kingdom or of the Army is high-treason And Britton fol. 16 It is high treason to â—â—herit the King of the Realm and sedition tendeth to the disheritance of the King for as it hath been said Seditio est quasi seorsum-itio when the people are severed from the King or it is Seperans à ditione when the people are severed from the power of the King And in this sense Sedition is no stranger in our Law and such sedition which severs the people from the King is Treason But it hath been objected that by the Statute of 25 E. 3. the Parliament ought onely to determine what is treason what not To this I answer That upon the said Statute the positive Law had alwaies made explication and exposition Br. treason 24. the words are Compasse or imagine the death of the King and there it is taken that he that malitiously deviseth how the King may come to death by words or otherwise and does an act to explain it as in assaying harnesse this is treason 13 Eliz. Dy. 298. Story 's case he being beyond-sea practised with a forraign Prince to invade the Realm and held treason because invasion is to the perill of the Prince and so within the Statute of 25 E. 3.4 Mar. Dy. 144. The taking of the Castle of Scarborough was treason in Stafford by 30. ass p. 19. which was presently after the making of the Statute of 25 E. 3. A man ought to have been hanged and drawn that brought Letters of Excommengement from the Pope and published them in England And it is to be noted that at the same time there was no Statute to make it treason but upon construction of the said Statute of 25 E. 3 though now it be made treason by the Statute of 13 Eliz. if it be with intention to advance forraigne power Perhaps the sedition mentioned in this Return is high treason and yet the King may make it an offence Finable for he may prosecute the offendor in what course he pleaseth and if it be treason then the prisoners are not baylable by the Statute of Westm. But suppose
Soldiers commanded not to disband Trade prohibited with Spain Trained Bands exercised Part of Michaelmas Term adjourned The Term at Reading Hopes of a Parliament Sir Edward Cook High Sheriff his exceptions to the Sheriffs Oath The Seal taken from Bishop Willâ—ams sequestred formerly and given to Sir Thomas Coventry A Parliament Summoned Recusants to be Excommunicated The King resolved to leave Mr. Montague to the Parliament Preparations for the Kings Coronation A Proclamation for all that have Forty pound per annum to come and receive the Order of Knighthood A Thanksgiving for the Plagues ceasing Number of those who died of the Plague The Ceremonies at the Kings Coronation Archbish. P.P. The Kings Answer A Second Parliament meets The Lord Keepers Speech Sir Hennage Finch chosen Speaker His Speech Grievances taken into consideration Grievances laid open Articles against Mr Montague People prohibited for going to Mass at Ambassadors Houses The Atturney's Letter to the Judges concerning Recusants The Council of War for the Palatinate questioned in the House of Commons The Earl of Pembroke at a Conference presseth Supply Reports from the Committee concerning Evils and Remedies A Committee of the Lords House to consider of the safety of the Kingdom comunicated to the Commons Not well resented The Kings Letter to the Speaker Sir Richard Westons Message The Commons Answer to the Kings Message by Sir Richard Weston The Kings Reply Doctor Turners Queries against the Duke Another Message from the King by Sir Richard Weston Dr. Turners Explanation Dr. Turners Letter to the Speaker Sir W. Walters opinion of the Cause of Grievances Sir Iohn Eliot pursues the Argument against the Duke Three Subsidies and Three Fifteens Voted Debate concerning the Duke resumed The Kings Speech March 29. The Lord Keepers Speech The King proceeds The Duke at a Conference explains the Kings late Speech and the Lord Keepers Declaration The Duke renders an account of his Negotiation in the Low-Countreys The Lord Conway vindicates the Duke A List of Moneys disbursed for the War The Lords Petition touching Precedency chalenged by Scots and Irish Nobles The Lord Conways Letter to the Earl of Bristol The Earl of Bristols Letter to the Lord Conway The Earl of Bristol petitions the House of Lords The Petition referred to the Committee of Priviledges The Kings Letter to the Earl of Bristol The Earl of Bristol Petitions the Lords upon receipt of his Writ A Message from the King to the House of Lords The Marshal of Middlesex's Petition touching Priests The Commons Remonstrance to the King in Answer to his Majesties and the Lord Keepers Speech The House adjourned for a week Private advice given to the Duke The Bishops commanded to attend the King The Dukes answer to a Message from the Commons reported Glanviles report from the Committee The Kings Message touching new matter against the Duke The Earl of Bristol brought to the bar of the Lords House Articles against the Earl of Bristol The Earl of Bristols expressions at the time of his Accusation The Earl of Bristols speech at the Bar of the Lords House at the delivery of his Articles against the Duke He layes open his Case to the Parliament The Lord Chamberlain attests the truth of what the Earl had said The Earl proceeds The Earl of Bristols Articles against the Duke The Earl of Bristols Articles against the Lord Conway A Message from the King to the Lords concerning Bristol's Articles against the Duke The Reasons The Earl of Bristols Speech by way of Introduction before he gave in his Answer His Service to the Palatinate when he was Ambassador to the Emperor His Service to the Palatinate before his Ambassie to the Emperor His arrival in Spain and behavior there His carriage concerning the Match Means to shew that the Match was intended by the Spaniard Bristol not the cause of the Delays in Spain He never disswaded the King to take Arms. He advised both King and Prince to a Protestant Match He never moved his Majesty to set Priests at liberty A Declaration signed by my Lord Conway in behalf of Roman Catholicks He perswaded not the Prince to change his Religion He advised both King and Prince if they will Match with a Catholick rather to Spain then France but cheifly to a Protestant Princess He constantly professed the Protestant religion King Iames proposeth a Match to the Prince Palatine between his eldest son and the Emperors daughter The Earls Reasons why he was forward to consummate the Match til warrant came to the contrary The restitution of the Palatinate promised by the King of Spain and Olivarez The advantages of the Spanish Match to England The Commons Articles against the Duke His ingrossing many Offices Plurality of Offices His buying of Offices His buying the Cinque 〈◊〉 the Lord Zouch The first Article enlarged by Mr. Herbert The second and third enlarged by him His neglect of guarding the Seas His taking a Ship called St Peter of Newhaven The fourth Article enlarged by Mr Selden The Fifth Articles enlarged by Mr Selden His delivering Ships into the hands of the King of France Those ships to be used to his knowledge against Rochel Mr. Glanvile enlargeth the Sixth Article Mr. Glanvile inlarges the Seventh and Eighth Articles Mr. Pym enlargeth the 11. Article The 10. Article enlarged His imbezling and engrossing the Kings money and Lands Mr Sherland enlarges the Ninth Article He enlargeth the Twelfth Article The Thirteenth Article enlarged by Mr. Wandesford Sir Ioh â—llâ—â—â—â— speech concluding the Dukes Impeachment Sir Iohn Elliot and Sir Dudley Diggs committed to the Tower Private Suggestions to the King in behalf of the Duke Kings Speech concerning the Duke The Commons Message by Sir Nath. Rich to seeure the Duke The Dukes Speech against the Commons The Commons discontented at the imprisonment of their Members Sir Dudley Carleton's Speech The Commons Protestation touching words imputed to Sir Dudley Diggs Sir D. Diggs released out of prison protests he never spake the words charged on him The King is satisfied that the words were not spoken The Duke dissatisfied Thirty six Lords protest they heard not the words supposed to be spoken at a Conference Sâ—r Iohn Elliot is released out of the Tower Is charged by Sir Dudley Carlton for his Speech against the Duke He dischargeth himself The Lords Petition to the King about the Earl of Arundel imprisoned in the time of Parliament The Kings Message to the Lords touching the Earl of Arundel The Lords resolved to maintain their priviledges A Remonstrance and Petition of the Peers in behalf of the Earl of Arundel The Kings first Answer to the Remonstrance and Petition The King promiseth to answer the said Remonstrance The Lords are urgent for an Answer The King returns another Answer to the Lords touching the Remonstrance Another Petition to the King touching the Earl of Arundel The King takes exception at the Petition The Lords desire to know of his Majesty to what part of the Petition he takes
Citizens and Burgesses of the House of Commons you are here assembled by his Majesties Writs and Royal Authority to hold a new Parliament the general Antient and Powerful Councel of this Renowned Kingdom whereof if we consider aright and think of that incomparable distance between the Supream height and majesty of a Mighty Monarch and the submissive aw and lowliness of a Loyal Subject We cannot but receive exceeding comfort and contentment in the frame and constitution of this Highest Court wherein not onely the Prelates Nobles and Grandees but the Commons of all degrees have their part and wherein that high Majesty doth descend to admit or rather to invite the humblest of his Subjects to Conference and Council with him of the great weighty and difficult Affairs of the King and Kingdom A benefit and favor whereof we cannot be too sensible and thankful for sure I am that all good hearts would be both sensible and sorrowful if we did want it And therefore it behooveth all with united hearts and mindes free from distraction and diversion to fix their thoughts upon Counsels and Consultations worthy of such an Assembly remembring That in it is presented the Majesty and Greatneâ—s the Authority and Power the Wisdom and Knowledge of this great and famous Nation and it behooveth us to magnifie and bless God that hath put the power of Assembling Parliaments in the hands of him the vertue of whose person doth strive with the greatness of his Princely Lineage and Descent whether he should be accounted Major or Melior a greater King or a better Man and of whom you have had so much tryal and experience That he doth as affectionately love as he doth exactly know and understand the true use of Parliaments witness his daily and unwearied Access to this House before his Access to the Crown his gratious readiness to all Conferences of Importance his frequent and effectual Intercession to his Blessed Father of never dying Memory for the good of the Kingdom with so happy success That both this and future generations shall feel it and have cause to rejoyce at the success of his Majesties Intercession And when the Royal Diadem descended upon himself presently in the midst of his Tears and Sighs for the departure of his most Dear and Royal Father in the very first Consultation with his Privy Council was resolved to meet his People in Parliament And no sooner did the heavy hand of that Destroying Angel forbear those deadly strokes which for some time did make this place inaccessible but his Majesty presently resolved to recal it and hath now brought you together and in a happy time I trust to treat and consult with uniform Desires and united Affections of those things that concern the general good And now being thus Assembled his Majesty hath commanded me to let you know that his Love and Affection to the Publick moved him to call this Parliament and looking into the danger and the spreading of that late Mortality and weighing the multitude of his Majesties pressing occasions and urging affairs of State both at home and abroad much importing the safety and state of this Kingdom the same affection that moved him to call it doth forbid him to prolong the sitting of this Parliament And therefore his Majesty resolving to confine this meeting to a short time hath confined me to a short Errand and that is That as a thing most agreeable to the Kingly Office to the example of the best times and to the frame of Modern Affairs his Majesty hath called you together to consult and to advise of provident and good Laws profitable for the Publick and fitting for the present times and actions for upon such depends the assurance of Religion and of Justice which are the surest Pillars and Buttresses of all good Government in a Kingdom For his Majesty doth consider that the Royal Throne on which God out of his Mercy to us hath set him is the Fountain of all Justice and that good Laws are the Streams and Quits by which the benefit and use of this Fountain is dispersed to his people And it is his Majesties care and study that his people may see with comfort and joy of heart that this Fountain is not dry but they and their Posterity may rest assured and confident in his time to receive as ample benefit from this Fountain by his Majesties Mercy and Justice as ever Subjects did in the time of the most eminent Princes amongst his Noble Progenitors wherein as his Majesty shews himself most sensible of the good of the Publick so were it an injury to this great and honorable Assembly if it should be but doubted that they shall not be as sensible of any thing that may adde to his Majesties honor which cannot but receive a high degree of Love and Affection if his Majesty succeeding so many Religious Wise and Renowned Princes should begin his Reign with some Additions unto those good Laws which their happy and glorious times have afforded And this his Majesty hath caused me to desire at this time especially above others for his Majesty having at his Royal Coronation lately solemnized the Sacred Rites of that Blessed Marriage between his people and him and therein by a most holy Oath vowed the Protection of the Laws and Maintenance of Peace both to Church and People no time can be so fit for his Majesty to advise and consult at large with his people as this present time wherein so lately his Majesty hath vowed Protection to his People and they have protested their Alleagiance and Service to him This is the sum of that charge which I have received from his Majesty to deliver unto you wherein you see his Majesties intent to the Publick And therefore his desire is That according to that conveniency of time which his Affairs may afford you will apply your selves to dispatch the business of this Parliament The Wednesday following the Commons presented Sir Hennage Finch Knight Serjeant at Law and Recorder of London for their Speaker who having made the accustomed Excuses and acknowledged his Majesties Approbation made this Speech SInce it hath pleased your Majesty not to admit my humble Excuse but by your Royal Approbation to crown this Election after my heart and hands first lifted up to God that hath thus inclined your Royal Heart I do render my humblest thanks to your Majesty who are pleased to cast so gratious an eye upon so mean a Subject and to descend so low as in a service of this Importance to take me into your Princely Thoughts And since we all stand for Hundreds and Thousands for Figures and Cyphers as your Majesty the Supream and Soveraign Auditor shall please to place and value us and like Coyn to pass are made currant by your Royal Stamp and Impression onely I shall neither disable nor under-value my self but with a faithful and chearful heart apply my self with the best of my strength and abilities
being stopped and stopped in such maner as we are enjoyned so we must now leave to be a Councel I hear this with that grief as the saddest Message of the greatest loss in the world but let us still be wise be humble let us make a fair Declaration to the King OUr sins are so exceeding great said Sir Iohn Elliot that unless we speedily return to God God will remove himself further from us ye know with what affection and integrity we have proceeded hitherto to have gained his Majesties heart and out of a necessity of our duty were brought to that course we were in I doubt a misrepresentation to his Majesty hath drawn this mark of his displeasure upon us I observe in the Message amongst other sad particulars it is conceived that we were about to lay some aspersions on the Government give me leave to protest That so clear were our intentions that we desire onely to vindicate those dishonors to our King and Countrey c. It is said also as if we cast some aspersions on his Majesties Ministers I am confident no Minister how dear soever can Here the Speaker started up from the seat of the Chair apprehending Sir Iohn Elliot intended to fall upon the Duke and some of the Ministers of State said There is a command laid upon me that I must command you not to proceed whereupon Sir Iohn Elliot sat down I Am as much grieved as ever said Sir Dudley Diggs Must we not proceed let us sit in silence we are miserable we know not what to do Hereupon there was a sad silence in the House for a while which was broken by Sir Nathaniel Rich in these words WE must now speak or for ever hold our peace for us to be silent when King and Kingdom are in this calamity is not fit The question is Whether we shall secure our selves by silence yea or no I know it is more for our own security but it is not for the security of those for whom we serve let us think on them some instruments desire a change we fear his Majesties safety and the safety of the Kingdom I do not say we now see it and shall we now sit still and do nothing and so be scattered Let us go together to the Lords and shew our dangers that we may then go to the King together Others said That the Speech lately spoken by Sir Iohn Elliot had given offence as they feared to his Majesty WHereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and Ordered That the House be turned into a Committee to consider what is fit to be done for the safety of the Kingdom and that no man go out upon pain of going to the Tower But before the Speaker left the Chair he desired leave to go forth and the House ordered that he may go forth if he please And the House was hereupon turned into a grand Committee Mr. Whitby in the Chair I Am as full of grief as others said Mr. Wandesford let us recollect our English hearts and not sit still but do our duties two ways are propounded To go to the Lords or to the King I think it is fit we go to the King for this doth concern our Liberties and let us not fear to make a Remonstrance of our rights we are his Counsellors there are some men which call evill good and good evil and bitter sweet Justice is now called Popularity and Faction THen Sir Edw. Cook spake freely We have dealt with that duty and moderation that never was the like Rebus sic stantibus after such a violation of the Liberties of the Subject let us take this to heart In 30. E. 3. were they then in doubt in Parliament to name men that misled the King they accused Iohn de Gaunt the Kings Son and Lord Latimer and Lord Nevel for misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our tongues how shall we answer our duties to God and men 7. H. 4. Parl. Rot. numb 31 32.11 H. 4. numb 13. there the Councel are complained of and are removed from the King they mewed up the King and disswaded him from the Common Good and why are we now retrived from that way we were in why may we not name those that are the Cause of all our evils In 4. H. 3. 27. E. 3. 13. R. 2. the Parliament moderateth the Kings prerogative and nothing grows to abuse but this House hath power to treat of it What shall we do let us palliate no longer if we do God will not prosper us I think the Duke of Buckingham is the cause of all our miseries and till the King be informed thereof we shall never go out with honour or sit with honour here that man is the Grievance of Grievances let us set down the causes of all our dysasters and all will reflect upon him As for going to the Lords that is not via Regia our Liberties are now impeached we are concerned it is not via Regia the Lords are not participant with our Liberties Mr. Selden advised that a Declaration be drawn under four heads 1. To express the Houses dutiful carriage towards his Majesty 2. To tender their Liberties that are violated 3. To present what the purpose of the House was to have dealt in 4. That that great Person viz. the Duke fearing himself to be questioned did interpose and cause this distraction All this time said he we have cast a mantle on what was done last Parliament but now being driven again to look on that man let us proceed with that which was then well begun and let the Charge be renewed that was last Parliament against him to which he made an Answer but the particulars were sufficient that we might demand judgement on that Answer onely IN conclusion the House agreed upon several heads concerning innovation in Religion the safety of the King and Kingdom misgovernment misfortune of our late designs with the causes of them And whilest it was moving to be put to the question that the Duke of Buckingham shall be instanced to be the chief and principal cause of all those evils the Speaker who after he had leave to go forth went privately to the King brought this Message THat his Majesty commands for the present they adjourn the House till to morrow morning and that all Committees cease in the mean time And the House was accordingly adjourned AT the same time the King sent for the Lord Keeper to attend him presently the House of Lords was adjourned ad libitum the Lord Keeper being returned and the House resumed his Lordship signified his Majesties desire that the House and all Committees be adjourned till to morrow morning AFter this Message was delivered the Lords
House fearing a sudden dissolution fell into consideration of the weak estate of the Kingdom and of our Friends and Allies abroad of the great strength of the House of Austria and the King of Spains ambition aspiring to an universal Monarchy and his present great preparations for war Hereupon the House was moved to name a select Committee to represent these things to his Majesty with the danger like to insue to this Kingdom if the Parliament be dissolved without a happy conclusion But being satisfied by the Lords of the privy Councel that there was no such cause of fear as the House apprehended the naming of a Committee was for that time deferred Having met in our Collections with a Letter of Mr. Allureds to old Mr. Chamberlain of the Court of Wards and being a concurrent proof to the Passages this day in the House We have thought fit here to mention it viz. Sir YEsterday was a day of desolation among us in Parliament and this day we fear will be the day of our dissolution Upon Tuesday Sir John Elliot moâ—ed that as we intended to furnish his Majesty with money we should also supply him with Counsel which was one part of the occasion why we were sent by the Countrey and called for by his Majesty And since that House was the greatest Councel of the Kingdom where or when should his Majesty have better Counsel then from thence So he desired there might be a Declaration made to the King of the danger wherein the Kingdom stood by the decay and contempt of Religion the insufficiency of his Generals the unfaithfulness of his Officers the weakness of his Councels the exhausting of his Treasure the death of his men the decay of Trade the loss of Shipping the many and powerful Enemies the sew and the poor Friends we had abroad In the enumerating of which the Chancellor of the Dutchy said it was a strange language yet the House commanded Sir John Elliot to go on then the Chancellor desired if he went on that himself might go out whereupon they all bad him begon yet he stayed and heard him out and the House generally inclined to such a Declaration to be presented in an humble and a modesâ— manner not prescribing the King the way but leaving it to his Iudgment for reformation So the next day being Wednesday we had a Message from his Majesty by the Speaker that the Session should end on Wednesday and that therefore we should husband the time and dispatch the old businesses without entertaining new intending to pursue their Declaration they had this Message yesterday morning brought them which I have here inclosed sent you which requiring not to casâ— or lay any aspersion upon any Minister of his Majesty the house was much affected to be so restrained since the House in former times had proceeded by finding and committing John of Gaunt the Kings Son and others and of late have medled with and sentenced the Lord Chancellor Bacon and the Lord Treasurer Cranfield Then Sir Robert Philips spake and mingled his words with weeping Mr. Prynne did the like and Sir Edward Cook overcome with passion seeing the desolation likely to ensue was forced to sit down when he began to speak through the abundance of tears yea the Speaker in his Speech could not refrain from weeping and shedding of tears besides a great many whose great griefs made them dumb and silent yet some bore up in that storm and incouraged others In the end they desired the Speaker to leave the Chair and Mr. Whitby was to come into it that they might speak the freer and the frequenter and commanded no man to go out of the House upon pain of going to the Tower Then the Speaker humbly and earnestly besought the House to give him leave to absent himself for half an hour presuming they did not think he did it for any ill intention which was instantly granted him then upon many Debates about their Liberties hereby infringed and the eminent danger wherein the Kingdom stood Sir Edward Cook told them he now saw God had not accepted of their humble and moderate carriages and fair proceedings and the rather because he thought they dealt not sincerely with the King and with the Countrey in making a true Representation of the causes of all these miseries which now he repented himself since things were come to this pass that he did it not sooner and therefore he not knowing whether ever he should speak in this House again would now do it freely and there protested that the author and cause of all those miseries was the Duke of Buckingham which was entertained and answered with a chearful acclamation of the House as when one good Hound recovers the scent the rest come in with a full cry so they pursued it and every one came on home and laid the blame where they thought the fault was and as they were Voting it to the Question whether they should name him in their intended Remonstrance the Sole or the Principall cause of all their miseries at home and abroad The Speaker having been three hours absent and with the King returned with this Message That the House should then rise being about eleven a clock and no Committees stould sit in the afternoon till to morrow morning What we shall expect this morning God of Heaven knows We shall meet timely this morning partly for the businesse sake and partly because two days since we made an Order that whosoever comes in after prayers payes twelve pence to the poor Sir excuse my hast and let us have your prayers whereof both you and we have here need So inscribling haste I rest Affectionately at your service Thomas Alured This 6. of June 1628. The Message mentioned in this Letter of the 6. of Iune is already before expressed Friday 6. Iune Mr. Speaker brings another Message from the King the day following IN my service to this House I have had many undeserved favours from you which I shall ever with all humbleness acknowledge but none can be greater then that testimony of your confidence yesterday shewed unto me whereby I hope I have done nothing or made any representation to his Majesty but what is for the honour and service of this House and I will have my tongue cleave to my mouth before I will speak to the disadvantage of any Member thereof I have now a Message to deliver unto you Whereas his Majesty understanding that ye did conceive his last Message to restrain you in your just Priviledges to complain of any of his Ministers These are to declare his intentions that he had no meaning of barring you from what hath been your Right but only to avoid all scandals on his Councel and Actions past and that his Ministers might not be nor himself under their names taxed for their Counsel unto his Majesty and that no such particulars should be taken in hand as would ask a longer time of consideration then what