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
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
see his Children dispossessed of their Hereditary Rights and hopes his Son in Law will make Overtures of Peace which if slighted by the Emperor he will not lose the season to prepare for the defence of the Palatinate But if his Son will not hearken to his advice he shall be inforced to leave him to his proper Counsels Notwithstanding this open wary and tender proceeding with all care and patience to observe the Spanish humors our State Ministers that were most addicted to Spain discerned their trifling with us which they did not spare to censure and resolved to use a freer Language yet still discovered a willingness to wait their further leisure for the English Patience seemed invincible In the mean time the Privy Council having an eye to the support of the Palatinate began the raising of Moneys by way of free gift and directed Letters of the tenor following to divers Earls Viscounts Bishops and Barons the same Letter being sent to each respectively YOu may formerly have heard how the Palatinate being the ancient Heritage of the Count Palatine his Majesties Son in Law and to discend to his Majesties Grand-children is now invaded by a Foreign Enemy many principal Towns are surprised a great part of the Countrey in the possession of strangers and the inhabitants forced to take an Oath against their Natural Prince Whereupon his Majesty out of considerations of Nature Honor and State hath declared himself in the course of an Auxiliary War for the defence and recovery of the same the occasion being so weighty and pressing hath moved his Majesty by the general advice of us his Council to think of some course for provision of that nature as may serve as well to the maintenance and preserving of the present succors already sent as for the reinforcing them out of those Countries as the occasion of the War shall require And for that the swiftness of the occasion would not permit a supply by other means for the present so readily as was needful we have all concurred to begin with our selves in offer of a voluntary gift unto his Majesty for the advancement of the present occasion nothing doubting but that your Lordship being a Peer of the Kingdom will chearfully and readily follow the example of us begun And if there were much alacrity and readiness found in the Nobility and others to contribute at the motion of his Majesties Sons Ambassador at what time the Palatinate was not invaded neither had his Majesty declared himself you will much more and in a better proportion do it now these two weighty Motives do concur and so nothing doubting of your Lordships readiness herein we bid c. To the Marquess of Winchester To the Earl of Cumberland To the Earl of Darby To the Earl of Northumberland c. Also a Letter of the same form was written to the Lord Major of London But the short Reign of King Frederick was near its period The Imperial Forces under Bavaria Buquoy and D. Balthazar advance towards Prague and the Bohemians quit their Garrisons to make their Army the more compleat Yet neither Count Mansfield nor the English Forces were there On the Eighth day of November being the Lords day both Armies met for the fatal decision of the great Controversie The Bohemians stood upon the advantage-ground betwixt the Imperialists and Prague But the Enemy breaking through scattered and ruined their whole Army and pursued the Victory The King and Queen surprised with this Discomfiture among a wavering people in a City not very defensible were constrained to â—lie the next morning Diminution of Honor was added to the Calamity of this Prince because he suffered his Soldiers to mutiny for Pay when he had a mass of Money by him which was left behind to augment the Enemies Conquest Neither was Anhalt the General a fit person for the high trust reposed in him who not long after the Defeat sought and obtained the Emperors favor and was made one of his Generals to debel the Protestant cause and party But Count Mansfield whom Anhalt slighted and closed not with him to bring him up to this Fight made good his fidelity and with his Flying Army became a continual vexation to the Emperor harasing his Countries and forcing Contribution King Iames upon the news of the Palsgrave's overthrow and upon a Narration of the state of Affairs in those parts made unto His Majesty by the Earls of Oxford and Essex newly returned from the Palatinate was pleased to call a full Council together to consider of this great and weighty affair The Order ensuing relates the particulars At the Court at Whitehall Jan. 13. 1620. Present Lord Archbishop of Canterbury Lord Chancellor Lord Treasurer Lord Privy Seal Lord Steward Lord M. Hamilton Lord Chamberlain Earl of Arundel Earl of Kelly Lord V. Doncaster Lord V. Falkland Lord Carew Lord Digby Mr. Treasurer Mr. Secr. Naunton Mr. Secr. Calvert Mr. Chanc. of the Exchequer Master of the Rolls Master of the Wards HIs Majesty being resolved to make some Royal preparations for the Recovery and Protection of the Palatinate being the antient Inheritance of his Majesties Son in law and Grandchildren did in his high wisdom think méet to appoint some persons of knowledge and experience in the Wars to consider of and give their Advice in such Propositions as shall be made unto them by the Board for the better expediting of that service To which purpose the Earl of Oxford and the Earl of Essex the Earl of Leicester the Lord Uiscount Wilmot the Lord Danvers the Lord Calfield Sir Edward Cecyl Sir Richard Harrison Knights and Captain Danbingham were called to the Table and made acquainted with His Majesties pleasure That they or any Five or more of them together with Sir Horace Vere and Sir Edw. Conway Knights if they return into England while this Committee doth continue shall undertake this service and have their méetings and assemblies in the whole Council-chamber here in Whitehall touching the affairs above-mentioned And that for their better assistance they call unto them such others of experience whose advice and opinion they shall think fit to make use of in their several Consultations upon such things as shall be so referred unto them from the Board Which they are to prosecute without intermission or delay And they shall make Report of their Opinions which is to be done in writing under Five of their hands at least The Particulars offered to their Consideration are these First What proportion or number of men as well Horse as Foot with Munition Victuals Shipping and Treasure will be sufficient for that Enterprise And secondly By what time it will be meet that their Forces be in readiness And where the Arms Munition and Victuals may best be provided with such other Circumstances as are incident to any of these Heads For the better direction herein Mr. Secretaries will acquaint them with such Intelligences as they have received touching the
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
another Bill among you against Informers I desire you my Lords that as you tender my Honor and the good of my People ye will put that Bill to an end as soon as you can and at your next meeting to make it one of your first works For I have already shewed my dislike of that kinde of people openly in Star-Chamber and it will be the greatest ease to me and all those that are near about me at Court that may be For I remember that since the beginning of this Parliament Buckingham hath told me he never found such quiet and rest as in this time of Parliament from Projectors and Informers who at other times miserably vexed him at all hours And now I confess that when I looked before upon the face of the Government I thought as every man would have done that the people were never so happy as in my time For even as at divers times I have looked upon many of my Coppices riding about them and they appeared on the outside very thick and well-grown unto me but when I turned into the midst of them I found them all bitten within and full of Plains and bare spots like an Apple or Pear fair and smooth without but when ye cleave it asunder you finde it rotten at the Heart Even so this Kingdom the External Government being as good as ever it was and I am sure as Learned Judges as ever it had and I hope as honest Administring Justice within it and for Peace both at home and abroad I may truly say more setled and longer lasting then ever any before together with as great plenty as ever So as it was to be thought that every man might sit in safety under his own Vine and Fig-Tree Yet I am ashamed and it makes my hair stand upright to consider How in this time my people have been vexed and polled by the vile execution of Projects Patents Bills of Conformity and such like which besides the trouble of my people have more exhausted their Purses then Subsidies would have done Now my Lords before I go hence since God hath made me the Great Judge of this Land under him and that I must answer for the Justice of the same I will therefore according to my place remember you of some things though I would not teach you For no mans Knowledge can be so good but their Memories will be the better to be refreshed And now because you are coming to give Judgment all which moves from the King that you may the better proceed take into your care two things 1. To do Bonum 2. To do it Bene. I call Bonum when all is well proved whereupon ye Judge for then ye build upon a sure Foundation And by Bene I understand that ye proceed with all Formality and Legality wherein you have fit occasion to advise with the Judges who are to assist you with their Opinions in cases of that nature and wo be to them if they advise you not well So the ground being good and the form orderly it will prove a course fitting this High Court of Parliament In Sentence ye are to observe two parts First To recollect that which is worthy of judging and censuring and secondly To proceed against these as against such-like crimes properly We doubt there will be many matters before you some complained of out of Passion and some out of just cause of Grievance Weigh both but be not carried away with the impertinent discourses of them that name as well Innocent men as guilty Proceed judicially and spare none where ye finde just cause to punish But let your proceedings be according to Law and remember that Laws have not their Eyes in their Necks but in their Foreheads For the Moral Reason for the punishment of Vices in all Kingdoms and Commonwealths is because of the Breach of Laws standing in force For none can be punished for Breach of Laws by Predestination before they be made There is yet one particular that I am to remember you of I hear that Sir Henry Yelverton who is now in the Tower upon a Sentence given in the Star-Chamber against him for deceiving my trust is touched concerning a Warrant Dormant which he made while he was my Attorney I protest I never heard of this Warrant Dormant before and I hold it as odious a matter as any is before you And if for respect to me ye have forborne to meddle with him in Examination because he is my Prisoner I do here freely remit him unto you and put him into your hands And this is all I have to say unto you at this time wishing you to proceed justly and nobly according to the Orders of your House and I pray God to bless you and you may assure your selves of my assistance Wishing that what I have said this day among you may be entred into the Records of this House The Lords pronounced Sentence upon Sir Giles Mompesson who was fled beyond Sea 1. THat he shall be degraded of the Order of Knighthood with reservation of the Dignity of his Wife and Children 2. That he shall stand perpetually in the degree of his person Outlawed for Misdemeanor and Trespass 3. That his testimony be received in no Court nor he to be of any Inquisition or Iury. 4. That he shall be excepted out of all General Pardons to be hereafter granted 5. That he shall be imprisoned during life 6. That he shall not approach within Twelve miles of the Court or Prince nor of the Kings High Court usually held at Westminster 7. And the Kings Majesty shall have the profit of his Lands for life and all his Goods and Chattels so forfeited and that he shall undergo Fine and Ransome which was set at Ten thousand pounds 8. Disabled to hold or receive any Offce under the King or for the Commonwealth 9. That he shall be ever held an infamous person 10. And his Majesty added thereunto perpetual Banishment Sir Francis Michel a Projector and Mompessons Compartner was fined One thousand pound degraded and imprisoned in the same place in Finsbury Fields which he had prepared for others For the Tower was thought too honorable for such a person He rode likewise from Westminster into London with his face to the Horse-tail Likewise the King revoked his Letter Patents Commissions and Proclamations concerning Inns and Ale-houses and the Manufactures of Gold and Silver Thred To these Reformations the King gave encouragement by his Third Speech in Parliament wherein he declared much against Corruption and Bribery in Judicatures professing That no person should be preferred before the publick good and that no offender should go unpunished In the same Speech he gave them thanks for the Subsidies given in the beginning of the Parliament and for the Title of the Grant and proceeded to open his present state in relation to his Son in Law the Prince Elector Palatine how the sums granted by the Act of Subsidy were taken up
beforehand for the defence of the Palatinate and the maintenance of his Children expelled out of their Countrey and for the raising of an Army for that recovery That he had procured a short Truce and did hope to obtain a general peace But the charges of sending Ambassadors over Christendom or an Army into the Palatinate in case a peace were not setled could not be borne but by the Grant of more Subsidies Moreover he protested before God That he would not dissolve the Parliament till the matters in agitation were finished Soon after the Lord Chancellor Bacon was proceeded against and a Conference of both Houses was held concerning him Where first the Commons observed his incomparable good parts which they highly commended secondly They magnified the place he held from whence Bounty Justice and Mercy were to be distributed to the Subjects whither all great Causes were drawn and from whence there was no Appeal in case of injustice or wrong done save to the Parliament Thirdly He was accused of great Bribery and Corruption in this eminent place and the particulars were laid open Then they concluded that this matter which concerned a person of so great eminency might not depend long before their Lordships but that the Examination of Proofs be expedited that as he shall be found upon tryal either he or his accusers might be punished After this the Marquess of Buckingham Lord Admiral declared to the House of Lords That he had received a Letter from the Chancellor expressing that he was indisposed in health but whither he lived or died he would be glad to preserve his Honor and Fame as far as he was worthy desiring to be maintained in their good opinions without prejudice till his cause was heard that he should not trick up Innocency with cavillation but plainly and ingenuously declare what he knew or remembred being happy that he had such Noble Peers and Reverend Prelates to discern of his Cause That he desired no priviledge of greatness for subterfuge of guiltiness but meaned to deal fairly and plainly with their Lordships and to put himself upon their Honors and Favors But the Charge came home upon him insomuch that he abandoned all defence and onely implored a favorable judgment in this humble Submission and Supplication to the House of Lords May it please your Lordships I Shall humbly crave at your hands a benign interpretation of that which I shall now write For words that come from wasted spirits and oppressed mindes are more safe in being deposited to a noble construction then being circled with any reserved Caution This being moved and as I hope obtained of your Lordships as a protection to all that I shall say I shall go on but with a very strange entrance as may seem to your Lordships at first For in the midst of a state of as great affliction as I think a mortal man can endure Honor being above Life I shall begin with the professing of gladness in some things The first is That hereafter the greatness of a Iudge or Magistrate shall be no sanctuary or protection to him against guiltiness which is the beginning of a Golden Work The next That after this example it is like that Iudges will flie from any thing in the likeness of Corruption though it were at a great distance as from a Serpent which tends to the purging of the Courts of Iustice and reducing them to their true honor and splendor And in these two points God is my witness though it be my fortune to be the Anvile upon which these two effects are broken and wrought I take no small comfort But to pass from the motions of my heart whereof God is my Iudge to the merits of my Cause whereof your Lordships are Iudges under God and his Lieutenant I do understand there hath been heretofore expected from me some justification and therefore I have chosen one onely justification instead of all others out of the justification of Job For after the clear submission and confession which I shall now make unto your Lordships I hope I may say and justifie with Job in these words I have not hid my sin as did Adam nor concealed my faults in my bosome This is the onely justification which I will use It resteth therefore That without Fig-leaves I do ingenuously confess and acknowledge that having understood the particulars of the Charge not formally from the House but enough to inform my conscience and memory I finde matter sufficient and full both to move me to desert my Defence and to move your Lordships to condemn and censure me Neither will I trouble your Lordships by singling these particulars which I think might fall off Quid te exempta juvat spinis de pluribus uva Neither will I prompt your Lordships to observe upon the proofs where they come not home or the scruple touching the credits of the Witnesses Neither will I represent to your Lordships how far a Defence might in divers things extenuate the Offence in respect of the time and manner of the guilt or the like circumstances but onely leave these things to spring out of your more noble thoughts and observations of the evidence and examinations themselves and charitably to winde about the particulars of the Charge here and there as God shall put into your minde and so submit my self wholly to your Piety and Grace And now I have spoken to your Lordships as Iudges I shall say a few words unto you as Peers and Prelates humbly commending my Cause to your noble mindes and magnanimous affections Your Lordships are not simply Iudges but Parliamentary Iudges you have a further extent of Arbitrary power then other Courts and if you be not tyed by ordinary course of Courts or Precedents in points of strictness and severity much less in points of Mercy and Mitigation And yet if any thing which I shall move might be contrary to your honorable and worthy End the introducing a Reformation I should not seek it But herein I beseech your Lordships to give me leave to tell you a story Titus Manlius took his Sons life for giving battel against the Prohibition of his General Not many years after the like severity was pursued by Papitius Cursor the Dictator against Quintus Maximus who being upon the point to be sentenced was by the intercession of some particular persons of the Senate spared Whereupon Livie maketh this grave and gratious observation Neque minus firmata est Disciplinae Militaris periculo Quinti Maximi quà m miserabili supplicio Titi Manlii The Discipline of War was no less established by the questioning of Quintus Maximus then by the punishment of Titus Manlius and the same reason is in the Reformation of Iustice. For the questioning of men in eminent places hath the same terror though not the same rigor with the punishment But my Cause stays not there for my humble desire is That his Majesty would take the Seal into his hands which is
Majesty that he suffered for his good service done His Majesty requires the Lords who are able to do him Justice to punish Yelverton for his slander Sir Henry Yelverton coming shortly after before the Lords gave his particular Answer to each particular charge in serie temporis and spake moreover as followeth I Cannot but present my self this day before Your Highness and my Lords with much fear with more grief for I am compassed with so many terrors from His Majesty as I might well hide my head with Adam His Lordships meaning Buckingham displeasure wounds me more then the conscience of any these facts yet had I rather die then the Commonwealth should so much as receive a scrach from me I that in none of my actions feared that great man on whom they viz. Sir Edward Villers and Sir Giles Mompesson did depend much less would I fear them who were but his shadow But my most Noble Lords knowing that my Lord of Buckingham was ever at His Majesties hand ready upon every occasion to hew me down out of the honest fear of a Servant not to offend so gracious a Master as His Majesty hath ever been to me I did commit them videlicet the Silkmen And speaking concerning the Patent of Inns he said I cannot herein but bemoan my unhappiness that in the last cause laboring by all lawful means to advance the honest profit of His Majesty and in this with the sight almost of my own ruine to preserve His Majesties honor and the quiet of the people I am yet drawn in question as if I had equally dishonored His Majesty in both When Sir Giles saw I would not be wooed to offend His Majesty in his direction I received a Message by Mr. Emmerson sent me from Sir Giles That I would run my self upon the Rocks and that I should not hold my place long if I did thus withstand the Patent of Inns or to this effect Soon after came Sir Giles himself and like an Herauld at Arms told me to this effect He had a Message to tell me from the Lord of Buckingham that I should not hold my place a moneth if I did not conform my self in better measure to the Patent of Inns for my Lord had obtained it by his Favor and would maintain it by his Power How could I but startle at this Message for I saw here was a great assuming of power to himself to place and displace an Officer I saw my self cast upon two main Rocks either treacherously to forsake the standing His Majesty had set me in or else to indanger my self by a by blow and so hazard my Fortune I humbly beseech your Lordships Nature will struggle when she sees her place and means of living thus assaulted for now it was come to this Whither I would obey His Majesty or my Lord if Sir Giles spake true Yet I resolved in this to be as stubborn as Mordecai not to stoop or pass those gracious Bounds His Majesty had prescribed me Soon after I found the Message in part made good for all the profits almost of my place were diverted from me and turned into an unusual Channel to one of my Lords Worthies That I retained little more then the name of Attorney It became so fatal and so penal that it became almost the loss of a Suit to come to me My place was but as the seat of Winds and Tempests Howbeit I dare say if my Lord of Buchingham had but read the Articles exhibited in this place against Hugh Spencer and had known the danger of placing 〈◊〉 displacing Officers about a King he would not have pursued me with such bitterness But my opposing my Lord in this Patent of Inns in the Patent of Ale-houses in the Irish Customs and in Sir Robert Nantons Deputation of his place in the Court of Wards These have bin my overthrow and for these I suffer at this day in my Estate and Fortune not meaning to say I take it but as I know and for my humble oppositions to his Lordship above Twenty thousand pounds The King hearing of this Speech commanded the Lord Treasurer to acquaint the House of Lords That he understood that Yelverton being called before them the other day as a Delinquent answered not as a Delinquent but as a Judge or accuser of a Member of that House the Lord of Buckingham saying He suffered for the Patent of Inns or to that effect That he was so far from excusing or extenuating of his Offence the last day here that he hath aggravated the same Wherefore His Majesties pleasure is That himself will be judge of what concerns His Majesty for that which concerns the Lord of Buckingham his Lordship hath besought His Majesty that that might be left to the House and so His Majesty leaves that wholly to their Lordships The Lords made an humble Return to His Majesty That forasmuch as he was once pleased to make their House Judge of those words formerly spoken by Sir Henry Yelverton which touched His Majesties Honor that His Majesty will be pleased not to resume the same out of their hands but so far to tender the Priviledges of their House as to continue his first resolution which afterwards the King condescended unto The Lords first examining Emerson who varied in the matter he was examined about proceeded to Sentence Sir Henry Yelverton not upon the Charge exhibited against him by the Commons but for the words spoken by the by and declared That the said Sir Henry Yelverton for his Speeches uttered here in the Court which do touch the Kings Majesty his Honor shall be fined to the King in Ten thousand Marks be imprisoned during the Kings pleasure and make a Submission unto His Majesty And for the scandal committed in these words of his against the Lord Marquess of Buckingham That he should pay him Five thousand Marks and make his Submission As soon as the Judgment was pronounced against him the Lord Marquess of Buckingham stood up and did freely remit him the said Five thousand marks for which Sir Henry humbly thanked his Lordship and the House of Peers agreed to move His Majesty to mitigate Sir Henry Yelvertons Fine and the Prince his Highness offered to move His Majesty therein which accordingly was done and Sir Henry was set at liberty the Duke reconciled to him he afterwards preferred to be a Judge and was esteemed a man Valde eruditus in Lege But the Treaties with the Emperor and the King of Spain were much disrelished Gondomar had raised the peoples fury and was reviled and assaulted in London streets Whereupon the day following the Privy Council commanded the Recorder of London to be careful in the strict Examination of an Insolent and Barbarous affront offered to the Spanish Ambassador and his people for which the King would have exemplary Justice done And forasmuch as His Majesty was informed that there was a fellow already apprehended though not for casting stones or threatning
help of Almighty God which is never wanting unto those who in his fear shall undertake the Defence of his own Cause He may be able to do that with his sword which by a peaceable course shall not be effected After the recess of Parliament the King by Proclamation declared his Grace to his Subjects in matters of Publique Grievance And taking notice that many great affairs debated in Parliament could not be brought to perfection in so short a time And that the Commons thought it convenient to continue the same Session in course of Adjournment And withall observing that divers of those Particulars required a speedy determination and settlement for his peoples good and that they are of that condition and quality as that he needeth not the assistance of Parliament to reform the same and would have reformed them before the Parliament if the true state of his Subjects Grievances had been made known unto him He hath determined and doth declare an immediate redress therein by his own Regal authority as in the business of Informers of Miscarriages of Ministers in Chancery of the Patents for Gold and Silver-Thread for Licensing Pedlers and Petty-Chapmen for the sole Dressing of Arms for the Exportation of Lists and Shreds and for the sole making of Tobacco-pipes Cards and the like And besides the redress of these Grievances he will enlarge his grace unto other kindes for the Subjects ease And that both his own and the ears of his Privy-Council shall be open to his Peoples modest and just Complaints Moreover a second Proclamation was issued forth against Excess of Licentious speech touching State-affairs For notwithstanding the strictness of the Kings former Command the Peoples inordinate liberty of unreverend speech increased daily Wherefore the King threatned severity as well against the Concealers of such Discourses as against the boldness of Audacious Tongues and Pens On the Tenth of Iuly Iohn Williams Doctor of Divinity and Dean of Westminster was sworne Keeper of the Great Seal of England The King was plyed from Spain and Rome to enlarge his favors to Popish Recufants For reports were then brought to Rome That the Catholicks of England Scotland and Ireland were cruelly used And besides this there went a rumor that King Iames in a Speech in Parliament had declared That notwithstanding the Marriage with Spain the English Catholicks should not be one jot in better condition But the King said no more then this That if any of that party did grow insolent let his People count him unworthy to reign if he gave not extraordinary punishment Thus was the King entangled in the ways which he had chosen For it was not possible for him at once to please his People and to satisfie his Foreign Interests About the same time the Lord Digby who was sent Ambassador to the Emperor had Audience at Vienna The principal heads of his Embassie were these That the Elector Palatine and the Children of the King of Great Britain his Master might be received into the Emperors favor and restored to all their Hereditary Goods and the Prince Elector himself to the Title which he enjoyed before the troubles of Bohemia That the Ban Imperial published against him should be revoked and the execution thereof suspended which being done the King of Great Britain will undertake that the Palatine shall render due obedience to his Imperial Majesty and submit to Conditions meet and honest To these Demands he received Answer That the Emperor had a very good will to gratifie the King of Great Britain and those other Kings and Princes that had made the same request for the Palatine But he could not grant it because the Palatine to this hour useth the Counsels of many of the Electors and Princes in opposition to the Emperor And when the Emperor had agreed to a Cessation of Arms according to the desires of the King of Great Britain and had ordered the suspending of all Hostility in the Lower Palatinate at the same time the Palatine gave Commission to raise Forces and do acts of Hostility which was put in execution by Count Mansfeld and Marquis Iagerndorf to begin new troubles in Bohemia Silesia and Moravia Nevertheless the Emperor having appointed an Assembly to meet at Ratisbone will there make known the desires of the King of Great Britain who shall know what Resolution is there taken concerning the Palatine Albert Archduke of Flanders at the request of King Iames had made intercession for the Palsgrave After his decease the Archduchess his wife continued the same mediation by Letters to the Emperor And withall the Kings Ambassador further proposed these Conditions for a Cessation of Arms and a Suspension of the Ban Imperial That Mansfeld and Iagerndorf shall observe the Agreement otherwise the Prince Palatine shall revoke their Commissions and declare them his Enemies and that their Garrisons in Bohemia shall be rendred to the Emperor The Emperor answered the Archduchess That the Archduke her husband in his life-time had exceedingly recommended the Interposition of the King of Great Britain and the great prudence of that King in not approving the Actions of the Palatine Which Recommendation as to a Treaty and Cessation of Arms he shall entertain and consult thereupon with the Deputies of the Electors and Princes of the Empire The English Ambassador departed from Vienna to the Duke of Bavaria who had then entred the Upper Palatinate and had published the Emperors Declaration against Mansfeld and his Adherents and exhorted the States and Princes there to execute the same and the rather for that he had not heard of any King Elector Prince or State no not so much as the King of Great Britain that had approved the seditious Revolt of the Bohemians except some few States and Princes who for interest did countenance the same The Ambassador found the Bavarian acting hostility and committing great spoils in the Country and resolving to reject all Propositions of Peace or Cessation Nor could the Emperor agree upon any Truce without the Duke of Bavaria First in respect of his agreement neither to make War or Peace without the consent of the said Duke which happened because upon the former Truce made with the Archduke the Soldiers that were in the Lower Palatinate and wanted employment came up into the Higher Palatinate to Count Mansfeld and much infested the Duke of Bavaria Secondly in regard the Duke of Bavaria had a great part of Austria in pledge for his satisfaction Thirdly because the Emperor was barred from all other passages but through Bavaria by Bethlem Gabor Jagerndorf and Budiani And the Duke upon receipt of the Emperors Letter touching the Truce sent the Lord Digby a deriding Answer That there was no need to labor for a Truce for the Wars were at an end in that he agreed with Count Mansfeld nor did he doubt of keeping both Palatinates in peace till the Emperor and Palsgrave were agreed So the King
received but a slender return of the Lord Digby's Embassie to the Emperor for the restoring of the Elector Palatine But the Emperors full meaning in the business may be found at large in his own Letter to Don Baltazar de Zuniga a prime Councellor of State in Spain to be by him represented to the King his Master to this effect THat beholding the admirable providence of God over him he is bound to use that most notable Victory to the honor of God and the extirpation of all Seditions and Factions which are nourished chiefly among the Calvinists lest that Iudgment which the Prophet threatned the King of Israel should fall upon him Because thou hast dismissed a man worthy of death thy soul shall be for his soul. The Palatine keeps now in Holland not only exiled from the Kingdom which he rashly attempted but despoiled almost of all his own Territories expecting as it were the last cast of Fortune whom if by an impious kind of commiseration and his subtile petitioning he shall be perswaded to restore and nourish in his bosom as a trodden half-living snake what can he expect less then a deadly sting from him who in regard of his guilt can never be faithful but will alway gape for occasions to free himself from his fears and the genius of whose sect will make him an Enemy or an unsound Friend to the House of Austria and all other Catholick Princes Wherefore firmly casting in his minde that the Palatine cannot be restored He hath freely offered the Electorate to the Duke of Bavaria a most eager Defender of the Catholick cause by which means the Empire will always remain in the hand of Catholicks and so by consequence in the House of Austria And in so doing he shall take away all hope from the Palatine and those that sollicite so importunately for his restitution And it is to be hoped that the Lutheran Princes especially the Duke of Saxony will not so far disallow this translation as to take up Arms seeing Charls the Fifth upon a far lighter cause deprived John Frederick Duke of Saxony of the Electorate and conferred it on Maurice this Dukes great Uncle Besides no less is the Lutherans hatred of the Calvinists then of the Catholicks Such were the effects which the Kings Treating had wrought with the Emperor The Parliament that was to meet November the Fourteenth the King by Proclamation adjourned to the Eighth of February and expressed the cause to be the unseasonableness of the time of the year But this long Recess was shortned and the King declared That upon Important Reasons he had altered his former Resolutions and did adjourn it for no longer time then from the Fourteenth to the Twentieth of this instant November Upon which day it Reassembled and the King being absent by reason of his indisposition in health commanded a Message to be delivered to both Houses by the Lord Keeper the Lord Digby and the Lord Treasurer In the first place he acquainted the Two Houses with His Majesties indisposition of health which was the occasion of his absence at the opening of the Parliament yet he could not say he was absent so long as he was represented by a Son who was as dear to the Kingdom as to His Majesty As to the occasion of calling the Parliament by way of Antecedent he took notice of several effects of His Majesties gracious care over the Nation since the last Recess of the Parliament in His Majesties answering several Petitions concerning Trade Importation of Bullion Conservation of Coyn in the Land and prohibiting the Transportation of Iron Ordinance and that His Majesty by His Proclamation reformed Thirty six or thirty seven several matters complained of as Publick Grievances all of them without the least Trucking or Merchandising with the People a thing usual in former times He further said That His Majesty did principally fix the occasion of the calling a Parliament upon the Declaration Recorded and divulged far and near by the Representative Communalty of this Kingdom to assist His Majesty to carry on the War to recover the Palatinate yet withal his Lordship gave an account how His Majesty was since the last Parliament encouraged to travel a little longer in his pious endeavors to procure a peace by way of Treaty and that the Lord Digby was sent Ambassador upon that occasion and since returned but not with such success as was to be hoped for He minded both Houses of one Heroical Act of His Majesties since the last Parliament in the advancement of Forty thousand pounds to keep together a Body of an Army in the Lower Palatinate which otherwise had been dissolved before this Parliament could be assembled And that unless the Parliament take further resolution and imitate rather Ancient then Modern principles and be expeditious in what they do the Army in the Palatinate will fall to the ground And lastly Told them that His Majesty did resolve that this Parliament should continue till seven or eight days before the Festivals and to be renewed again the eighth of Februaâ—â— to continue for the Enacting of Laws and Perioding of things of Reformation as long as the necessity of the State shall require the same After the Lord Keeper had done the Lord Digby having received a Command from His Majesty to that purpose gave a brief account of his Negotiation with the Archduke about the Treaty of Peace how the Archduke consented thereunto and writ accordingly to the Emperor and the King of Spain of his proceedings who also writ to Spinola for a Cessation of Arms the Archduke having the Command of the Spanish forces in Germany but the Duke of Bavaria would not consent thereunto and the Lord Digby informed the two Houses that by the carriage of the Duke of Bavaria and by other circumstances he did evidently discover That from the beginning that Duke affected to get unto himself the Palatinate and the Title of Elector He further declared That if Count Mansfield was not speedily supplied he could not keep his Army together Then he gave an account how bravely Sir Horatio Vere had behaved himself in the Palatinate and that by his wisdom and valor there was kept from the enemy Heidelburg Mainheim and Frankendale the last of which places had then endured a moneths siege He also spoke Honorably of Capt. Burroughs and concluded That the fittest Redress was to furnish and keep up the Army already there which must be done by supplies of Money and more Forces must be prepared against the next Spring that we may have there an Army of our own for the strengthning of the Palatinate and encouragement of the Princes of the Union Then the Lord Treasurer spake and acquainted both Houses how empty the Kings Coffers were and how he had assisted the Palatine and Princes of the Union with great sums which had exhausted his Treasure and that His Majesty was much in debt Nevertheless though the King
so we pray God that this desire among you of kindling Wars shewing your weariness of peace and plenty may not make God permit us to fall into the miseries of both But as we already said our care of Religion must be such as on the one part we must not by the hot persecution of our Recusants at home irritate Foreign Princes of contrary Religion and teach them the way to plague the Protestants in their Dominions with whom we daily intercede and at this time principally for ease to them of our profession that live under them Yet upon the other part we never mean to spare from due and severe punishment any Papist that will grow insolent for living under our so mild Government And you may also be assured we will leave no care untaken as well for the good Education of the Youth at home especially the children of Papists as also for preserving at all times hereafter the Youth that are or shall be abroad from being bred in dangerous places and so poisoned in Popish Seminaries And as in this point namely the good education of Popish youth at home we have already given some good proofs both in this Kingdom and in Ireland so will we be well pleased to pass any good Laws that shall be made either now or at any time hereafter to this purpose And as to your request of making this a Session and granting a General Pardon It shall be in your defaults if we make nor this a Session before Christmas But for the Pardon ye crave such particulars in it as we must be well advised upon lest otherwise we give you back the double or treble of that we are to receive by your entire Subsidy without Fifteens But the ordinary course we hold fittest to be used still in this case is That we should of our free grace send you down a Pardon from the Higher House containing such points as we shall think fittest wherein we hope ye shall receive good satisfaction But we cannot omit to shew you how strange we think it that ye should make so bad and unjust a Commentary upon some words of our former Letter as if we meant to restrain you thereby of your antient priviledges and liberties in Parliament Truly a Scholar would be asham'd so to misplace and misjudge any sentences in another mans book For whereas in the end of our former Letter we discharge you to meddle with matters of Government and Mysteries of State namely matters of War or Peace or our dearest Son's Match with Spain by which particular denominations we interpret and restrain our former words And then after we forbid you to meddle with such things as have their ordinary course in Courts of Justice Ye couple together those two distinct sentences and plainly leave out these words Of Mysteries of State so as ye erre à bene divisis ad male conjuncta For of the former part concerning Mysteries of State we plainly restrain our meaning to the particulars that were after mentioned And in the latter we confess we meant it by Sir Edward Cook 's foolish business And therefore it had well became him especially being our Servant and one of our Council to have complained unto us which he never did though he was ordinarily at Court since and never had access refused unto him And although we cannot allow of the stile calling it Your antient and undoubted Right and Inheritance but could rather have wished that ye had said That your Priviledges were derived from the grace and permission of our Ancestors and Us For most of them grow from Precedents which shews rather a Toleration then Inheritance Yet we are pleased to give you our Royal assurance that as long as you contain your selves within the limits of your duty we will be as careful to maintain and preserve your lawful Liberties and Priviledges as ever any of our Predecessors were nay as to preserve our own Royal Prerogative So as your House shall only have need to beware to trench upon the Prerogative of the Crown which would enforce us or any just King to retrench them of their Priviledges that would pare his Prerogative and Flowers of the Crown But of this we hope there shall be never cause given Dated at Newmarket the Eleventh day of December 1621. The Lord Keeper Williams advised That the harshness of this Answer should be mitigated with a Letter from his Majesty to the Houses For said he his Majesty rightly inferrs That their Priviledges which they claim to be their Natural birthrights are but the favors of former Kings Now the Kings assertion and their Claim may easily be reconciled if men were peaceably disposed and affected the dispatch of Common business These Priviledges were originally the favor of Princes neither doth his Majesty go about to impair or diminish them Therefore if his Majesty would be pleased to qualifie the passage with some mild and noble expression and require them strictly to prepare things for a Session and to leave those needless disputes He shall make it appear to all wise and just men that those persons are opposite to those Common ends whereof they vaunt themselves the onely Patrons Will the King be pleased to add in this Letter That if they will not prepare Bills for a Session he will break up the Parliament without any longer Prorogation acquainting the Kingdom with their undutifulness and obstinacie and supply the present wants by some other means Or else will he adjourn the present Assembly to the appointed Eight of February This latter course is fitter for further Advice but the former to express a just indignation The Lord Digby minded the Peers That this Session was called for the present support of the Palatinate as was declared by the Message from his Majesty to both Houses in the beginning thereof He reported also That he had received many great Advertisements of that Countries present distress and danger by the Duke of Bavaria and that the Army of Mansfeld who came in for defence if he be not speedily supplied with monies is in a possibility of deserting the service For he hath fair offers of making his Peace but nothing will take with him being in hopes of relief from England But the Parliament thought it their duty as well to advise his Majesty as to supply his wants December 19. The Prince delivered to the Clerk the Commission for an Adjournment to the Eight of February Which discontented the Commons and good people of England foreseeing a Dissolution by Gondomar's means Before the Adjournment in vindication of their Parliamentary rights and Priviledges the Commons made and entred this Protestation following THe Commons now assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Priviledges of Parliament amongst others here mentioned do make this Protestation following That the Liberties Franchises Priviledges and Iurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects
Potentissimo Principi ac Domino Philippo Quarto c. SErenissime Potentissime P. Frater Consanguinee Amice Charissime Quum aliquot abhinc annis pro affinitate nostra arctiori totiusque orbis Christiani bono deliberatio suscepta fuerit de Matrimonio inter Charissimum silium nostrum Carolum P. Walliae Illustrissimam Infantem Dominam Mariam Serenitatis vestrae sororem natu minorem contrahendo quod superstite adhuc R. Philippo Tertio felicissimae memoriae Patre vestro eo per gradus devectum erat ut ille si non expirasset hoc multo antehac consummatum iri spes esset nunc denuo Serenitatem vestram interpellandam duximus jam tandem ut velit operi bene inchoato fastigium imponere expectato deliberationes praeteritas exitu coronare Matura jam filii aetas filii Unici rerumque temporum ratio conjugem videntur efflagitare nobisque in senectutis limine constitutis felicissimus illuceret dies quo cernere liceret posterorum etiam amicitiam optato hoc affinitatis foedere constrictam Misimus itaque ad Serenitatem vestram Legatum nostrum Extraordinarium Praenobilem virum Iohannem Digbeum Baronem de Sherbone Consiliarâ—um Vice-Camerarium nostrum jam olim de hac affinitate Domus Austriacae honore bene meritum cui una cum Legato nostro Ordinario quicquid reliquum est hujus Negotii tractandum transigendum absolvendumque Commisimus Quicquid illis illic videbitur ratum hic habituri Utinam etiam vestre Serenitatis bonitate levaretur aliquando altera illa nostra de Palatinatu Sollicitudo de â—ilia genero insontibus eorum liberis ex avito jam extorribus Patrimonio Quam vellemus vestiae Potissimum Serenitati beneficium hoc in solidum debere cujus tot modo experti sumus ea in re Amicissima Officia Non nos unquam capiet tantae benevolentiae oblivio Posterisque Haereditarium studebimus relinquere amorem illum quo vestram Serenitatem memoriae optimae Patrem semper sumus amplexi semper amplexuri Unum hoc superest ut si quid aliud in re quacunque proposuerit Legatus hic noster eam ei fidem adhibere ac si nos praesentes essemus dignetur Serenitas vestra Quam Deus Optimus Maximus perpetuo incolumem conservet Serenitatis vestrae Frater Amantissimus Jacobus R. Dat. è Regia nostra Theobald 14 Die Martii An. Dom. 1621. Iames c. To the most Serene and most Potent Prince and Lord Philip the Fourth c. MOst Serene and Potent Prince Kinsman and Wel-beloved Friend Forasmuch as some years ago for our nearer Alliance and the good of the whole Christian World we had resolved to make a Marriage between our Wel-beloved Son Charls Prince of Wales and the most Illustrious Infanta the Lady Mary your Serenities yongest Sister which in the life time of your Father King Philip the Third of most happy memory was so far advanced That if he had not died it had been brought to perfection long ere now We have therefore thought good to Treat now again with your Serenity that at length you would put a period to a work so well begun and crown our by-past Deliberations with an expected issue The age of our Son arived now to maturity and he our onely Son besides the condition of the times and our affairs doth require him to marry And we being at the brink of old age it would rejoyce us to see the day wherein our Posterities Friendship should be bound up in this most desired Bond of Affinity We have therefore sent unto your Serenity our Extraordinary Ambassador the Right Honorable the Lord Digby Baron of Sherborne our Counsellor and Vice-Chamberlain who has formerly deserved well of this Alliance and the honor of the House of Austria unto whom together with our Ordinary Ambassador we have intrusted the remainder of this business to be treated transacted and finished and shall be ready to ratifie and approve here what ever they shall agree upon We wish likewise that your Serenity out of your goodness would ease our other care touching the Palatinate which concerns our Daughter and Son in Law and their innocent Children banished from their Ancestors Inheritance How gladly would we ow this good turn solely to your Serenity who have already done us so many friendly offices in that business No Oblivion shall ever blot out of our minde the acknowledgment of so great a favor and we will endeavor to transmit to our Posterity that Hereditary good will wherewith we have ever affected your Serenity and your Royal Father of most worthy memory and shall ever affect you One thing remains That if this our Ambassador shall propose any other matter touching what business soever your Serenity will be pleased to give him Credence as if we our self were present The most gracious and great God ever preserve your Serenity in safety Your Serenities most Loving Brother J. R. Given at our Pallace of Theobalds 14 March 1621. Prince Charls to the King of Spain MOst Serene and Potent Prince and wel-beloved Kinsman some years ago our most Serene Parents begun to treat about a Match between us and the most Serene our dearly beloved Princess the Lady Mary your Majesties most honored Sister The condition and success of which affair and treaty our most Serene and Honored Lord and Father out of his Fatherly affection towards us was pleased upon all occasions so much the more willingly to impart unto us by how much greater propension and apparent signs of true affection he discovered in us thereunto For which cause the Baron Digby his Majesties Vice-Chamberlain and Extraordinary Ambassador and one of our Privy Chamber being now bound for Spain with most ample Instructions to bring unto an happy issue that which was prosperously begun advanced before your most gracious Father our Uncle of happy memory departed this life We thought it no less becoming us by these our Letters most affectionately to salute your Majesty who if you shall perswade your self that we highly esteem of your affection as we ought to do and that by a most near bond of affinity we desire to have it inlarged and confirmed towards us that very perswasion will not a little adde to the measure of our love It remains that we intreat your Majesty to give full credit to such further Proposals as the Baron Digby shall make in our name In the mean time we will hope for such a success of the principal business as may give us occasion to use a more familiar stile hereafter in our Letters as an argument of a nearer relation which if it shall happen this will also follow That we shall most readily embrace all occasions whereby to evidence unto your Majesty the progress and increase of our affection as well towards your self as your most Serene Sister The most great and good God preserve your Majesty long in safety Your Majesties
outward practices and no secret motions of the Conscience are adjudged by the Laws of England to be meerly Civil and Political and are excluded by the Letter from the benefit of those Writs But because the peoples mouths were open and some Preachers were too busie and the Puritan party increased the King gave directions for the regulation of the Ministry in his Letters to the Lord Archbishop of Canterbury MOst Reverend Father in God Right trusty and intirely beloved Counsellor we greet you well Forasmuch as the abuses and extravagancies of Preachers in the Pulpit have been in all times suppressed in this Realm by some Act of Council or State with the Advice and Resolution of grave and learned Prelates insomuch that the very Licencing of Preachers had beginning by an Order of Star-Chamber the Eighth day of July in the Nineteenth year of the Reign of King Henry the Eighth our Noble Predecessor And whereas at this present divers yong Students by reading of late Writers and ungrounded Divines do broach many times unprofitable unsound seditious and dangerous Doctrines to the scandal of the Church and disquiet of the State and present Government We upon humble Representations unto us of these Inconveniencies by your self and sundry other grave and reverend Prelates of this Church as also of our Princely care and zeal for the extirpation of Schism and Dissention growing from these Seeds and for the settling of a religious and peaceable Government both in Church and Commonwealth Do by these our special Letters straitly charge and command you to use all possible care and diligence that these Limitations and Cautions herewith sent unto you concerning Preachers be duly and strictly from henceforth put in practice and observed by the several Bishops within your Iurisdiction And to this end our pleasure is that you send them forthwith Copies of these Directions to be by them speedily sent and communicated unto every Parson Vicar Curate Lecturer and Minister in every Cathedral or Parish Church within their several Diocesses and that you earnestly require them to employ their utmost endeavors in the performance of this so important a business letting them know That we have a special eye unto their proceedings and expect a strict accompt thereof both from you and every of them And these our Letters shall be your sufficient Warrant and Discharge in that behalf Given under our Signet at our Castle of Windsor c. Directions concerning Preachers sent with the Letter I. THat no Preacher under the Degree and Calling of a Bishop or Dean of a Cathedral or Collegiat Church and they upon the Kings days and set Festivals do take occasion by the expounding of any Text of Scripture whatsoever to fall into any set discourse or common place otherwise then by opening the Coherence and Division of the Text which shall not be comprehended and warranted in Essence Substance Effect or Natural inference within some one of the Articles of Religion set forth One thousand five hundred sixty and two or in some of the Homilies set forth by Authority of the Church of England Not onely for a help for the Non-Preaching but withal for a pattern and boundary as it were for the Preaching Ministers And for their further Instructions for the performance hereof that they forthwith read over and peruse diligently the said Book of Articles and the two Books of Homilies II. That no Person Vicar Curate or Lecturer shall Preach any Sermon or Collation hereafter upon Sundays and Holidays in the afternoon in any Cathedral or Parish Church throughout the Kingdom but upon some part of the Catechism or some Text taken out of the Creed Ten Commandments or the Lords Prayer Funeral Sermons onely excepted And that those Preachers be most encouraged and approved of who spend the Afternoons Exercise in the Examination of Children in their Catechism which is the most antient and laudable custom of Teaching in the Church of England III. That no Preacher of what Title soever under the degree of a Bishop or Dean at the least do from henceforth presume to Preach in any Popular Auditory the deep points of Predestination Election Reprobation or of the Universality Efficacy Resistibility or Irresistibility of Gods Grace but leave those Themes rather to be handled by the Learned Men and that Moderately and Modestly by way of Use and Application rather then by way of Positive Doctrines being fitter for the Schools then for simple Auditories IV. That no Preacher of what Title or Denomination soever from henceforth shall presume in any Auditory within this Kingdom to declare limit or bound out by way of Positive Doctrine in any Lecture or Sermon the Power Prerogative and Jurisdiction Authority or Duty of Sovereign Princes or otherwise meddle with matters of State and the differences between Princes and the people then as they are instructed and presidented in the Homilies of Obedience and the rest of the Homilies and Articles of Religion set forth as before is mentioned by Publick Authority but rather confine themselves wholly to those two heads of Faith and good Life which are all the Subject of the Antient Sermons and Homilies V. That no Preacher of what Title or Denomination soever shall presume causelesly or without invitation from the Text to fall into bitter Invectives and undecent railing Speeches against the persons of either Papists or Puritans but modestly and gravely when they are occasioned thereunto by the Text of Scripture free both the Doctrine and the Discipline of the Church of England from the aspersions of either Adversary especially where the Auditory is suspected to be tainted with the one or the other infection VI. Lastly That the Archbishops and Bishops of the Kingdom whom his Majesty hath good cause to blame for their former remissness be more wary and choice in their Licencing of Preachers and revoke all Grants made to any Chancellor Official or Commissary to pass Licences in this kinde And that all the Lecturers throughout the Kingdom of England a new body severed from the Antient Clergy as being neither Parsons Vicars nor Curates be Licenced hence-forward in the Court of Faculties by Recommendation of the party from the Bishop of the Diocess under his Hand and Seal with a Fiat from the Lord Archbishop of Canterbury a Confirmation under the Great Seal of England And that such as do transgress any one of these Directions be suspended by the Bishop of the Diocess or in his Default by the Archbishop of the Province Ab officio beneficio for a year and a day until his Majesty by the Advice of the next Convocation shall prescribe some further punishment These Directions were warily communicated by the Archbishop of Canterbury to the Bishops within his Province The King lost no time in pursuing the Match with Spain but the Dispensation from Rome which was the Key of the business had long lain in a kinde of Dead-Palsie till the new King of Spain had by a
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
by the King and Prince was as followeth WE Ratifying and confirming the aforesaid Treaty and all and every Capitulation contained and specified in the same do approve applaud confirm and ratifie of our certain knowledge all and every of these things in as much as they concern our Selves our Heirs or our Successors And we promise by these presents in the word of a King to kéep fulfil and observe the same and to cause them to be kept fulfilled and observed inviolably firmly well and faithfully effectually Bona fide without all exception and contradiction And we confirm the same with an Oath upon the Holy Evangelists in the presence of the Illustrious and Noble John de Mendoza Charls de Colona Ambassadors of the most Gratious Catholick â—ing residing in our Court. In Testimony and Witness of all and every the premises we have caused our Great Seal to be put to those Articles subscribed by our Hands there in the presence of the most Reverend Father in Christ George Archbishop of Canterbury Primate of all England and the Reverend Father in Christ John Bishop of Lincoln Lord Kéeper of the Great Seal of England Lionel Cranfield Cheif Treasurer of England Henry Uiscount Mandevil President of our Council Edward Earl of Worcester Kéeper of the Privy Seal Lewis Duke of Richmond and Lenox Lord Steward of our Houshold James Marquess Hamilton James Earl of Carlisle Thomas Earl of Kelly Oliver Uiscount Grandeson c. and George Calvert Knight one of our Cheif Secretaries of State and all of our Privy Council Given at our Palace of Westminster c. JACOBUS Rex After this the King did swear to certain private Articles in favor of Papists and for the advancement of the Roman Religion JAMES by the grace of God of Great Britain King Defender of the Faith c. To all to whom this present-writing shall come gréeting Inasmuch as among many other things which are contained within the Treaty of Marriage betwéen our most dear Son Charls Prince of Wales and the most renowned Lady Donna Maria Sister of the most renowned Prince and our welbeloved Brother Philip the Fourth King of Spain It is agréed That we by our Oath shall approve the Articles under-expressed to a word 1. That particular Laws made against Roman Catholicks under which other Vassals of our Realms are not comprehended and to whose observation all generally are not obliged as likewise general Laws under which all are equally comprised if so be they are such which are repugnant to the Romish religion shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in execution against the said Roman Catholicks and we wil cause that our Council shall take the same Oath as far as it pertains to them and belongs to the execution which by the hands of them their Ministers is to be exercised 2. That no other Laws shall hereafter be made anew against the said Roman Catholicks but that there shall be a perpetual Toleration of the Roman Catholick Religion within private houses throughout all our Realms and Dominions which we will have to be understood as well of our Kingdoms of Scotland and Ireland as in England which shall be granted to them in manner and form as is capitulated decreed granted in the Article of the Treaty concerning the Marriage 3. That neither by us nor by any other interposed person whatsoever directly or indirectly privately or publikely will we treat or attempt any thing with the most renowned Lady Infanta Donna Maria which shall be repugnant to the Romish Catholick religion Neither will we by any means perswade her that she should ever renounce or relinquish the same in substance or form or that she should do any thing repugnant or contrary to those things which are contained in the Treaty of Matrimony 4. That We and the Prince of Wales will interpose our authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favor of the Roman Catholicks capitulated between the most renowned Kings by reason of this Marriage And that the said Parliament shall revoke and abrogate particular Laws made against the said Roman Catholicks to whose observance also the rest of our Subjects and Vassals are not obliged as likewise the general Laws under which all are equally comprehended to wit as to the Roman Catholicks if they be such as is aforesaid which are repugnant to the Roman Catholick Religion And that hereafter we will not consent that the said Parliament should ever at any time enact or write any other new Laws against Roman Catholicks MOreover I Charls Prince of Wales engage my self and promise that the most Illustrious King of Great Britain my most honored Lord and Father shall do the same both by word and writing That all those things which are contained in the foregoing Articles and concern as well the suspension as the abrogation of all Laws made against the Roman Catholicks shall within thrée years infallibly take effect and sooner if it be possible which we will have to lie upon our Conscience and Royal honor That I will intercede with the most illustrious King of G. Britain my father that the ten years of the education of the children which shall be born of this marriage with the most illustrious Lady Infanta their mother accorded in the 23 Art which term the Pope of Rome desires to have prorogued to twelve years may be lengthened to the said term And I promise fréely and of my own accord and swear That if it so happen that the entire power of disposing of this matter be dâ—volved to me I will also grant and approve the said term Furthermore I Prince of Wales oblige my self upon my faith to the Catholick King That as often as the most illustrious Lady Infanta shall require that I should give ear to Divines or others whom her Highness shall be pleased to employ in matter of the Roman Catholick religion I will hearken to them willingly without all difficulty and laying aside all excuse And for further caution in point of the frée exercise of the Catholick religion and the suspension of the Law above-named I Charls Prince of Wales promise and take upon me in the word of a King that the things above promised and treated concerning those matters shall take effect and be put in execution as well in the Kingdoms of Scotland and Ireland as of England The Privy-Councellors Oath was this I A.B. do swear That I will truly and fully observe as much as belongeth to me all and every of the Articles which are contained in the Treaty of Marriage betwéen the most gracious Charls Prince of Wales and the most gracious Lady Donna Maria Infanta of Spain Likewise I swear that I will neither commit to execution nor cause to be executed either by my self or by any inferior Officer serving me any
Laws made against any Roman Catholick whatsoever nor will execute any punishment inflicted by any of those Laws but in all things which belong to me will faithfully observe his Majesties word given in that behalf But in the taking of the solemn Publick Oath it is said there arose a difficulty between the King and the Spanish Ambassadors concerning the Popes title Most holy which the King refused to pronounce openly in the Chappel at Whitehall alleadging that it was repugnant to his Religion and might be an impeachment to his honor But the Ambassadors would proceed no further till the King had yielded to give him that Title There was another rub which the King soon removed The Ambassadors had heard that in the Kings Chappel when they should come to see the swearing of the Articles they should be present at such Prayers and Singing as were used in the Protestant Church whereunto they declared that they could not yield since the end of their coming thither was to maintain and warrant the Catholick Apostolical and Roman Church Whereupon the King commanded that nothing should then be sung but what was chanted when the Constable of Castile did swear the Peace between the two Crowns which was a Hymn of Joy in praise of Peace At that time England had swarms of Priests and Jesuites who were busie in drawing the people from the Protestant religion And a titular Bishop of Calcedon privately came to London to exercise Episcopal jurisdiction over the Catholicks of this Kingdom 'T is said that King Iames had now so much confidence of the Match as to say openly in the Court That now all the Devils in hell could not break it In Spain the Infanta was stiled the Princess of England and was kept no longer in her Virgin-retirements In England a Chappel was building for her at S. James and Don Carlos de Colona laid the first stone Her Picture was every-where to be seen and a Fleet was prepared for her passage And the greatest Enemies to this Alliance submitted to the Kings will But in all this Capitulation between the two Crowns hitherto the Restitution of the Palatinate was laid aside the King conceiving that the Consummation of the Match would overrule and settle that affair to his entire satisfaction In the height of the Spanish Treaty there was a notable Letter writ from Mr. Alured to the Duke perswading him not only to endeavor the breaking off the Match with Spain but also the preventing of any Match with a Princess of a different Religion THe Parable in the Gospel said he tells of a great King that married his Son and bade many thereunto yea upon the excusal of some and reâ—usal of others all of whatsoever condition as well out of the high-ways as the high-places were called and invited As every true Christian hath an interest in the Marriage of that Kings Son of Heaven so every good Subject as well as every great Subject hath an interest in the Marriage and welfare of the Kings Son here on Earth Which occasions so many and me the meanest of those many to wish that it may bring with it glory to Him on high good will and peace to those on earth Which is much doubted cannot be from Spain since the motioning of that Match makes a general fear that it can neither be safe for the Kings person nor good for his Church and Commonwealth because that thereby there may be an inlet to the Romish Locusts who like the Cankerworm may in an instant smite our Gourd under whose shadow we sit safe To address this poor discourse to your Lordships more particular Kings have almost ever used to have their Favorites Alexander had long since his Ephestion and Henry the Third of France of late his Espernon and Philip of Spain had since his Lermas Yea the best Princes have not wanted them For after the reckoning of David's great Officers Hushai the Archyte is called the Kings Friend and Ira the Iarite is set down to have been Chief about David Which stands to Reason and agrees with Nature For every private man is left to affect as he likes neither can Affection be forced Now to disallow or confine that in a King which is left at liberty in the meanest Subject were preposterous and injurious For though they command Nations as they are Kings yet they are subject to their Passions as they are men And if I may alleadge it without misinterpretation of others as I am free from ill meaning my self Who knows but Christ the rather to shew himself a Natural man expressed so much â—he more his Passion in his often weeping and his Affection to divers particulars but especially to S. John if I may not say his Favorite certainly the Disciple whom Iesus loved more then any of the rest It is Gods blessing and your happiness if you account it so to be the Kings Favorite As Peter therefore not presuming to ask Christ who it was he spake of beckoned to the Disciple whom Iesus loved on whose breast he leaned to ask for him so since most men neither may or ought to be so bold to ask or advise the King in this business so much spoken of yet they point at you who the higher you are in the Kings favor the more you are in the Peoples eye and observation and they expect you will not be wanting in the duty of a Subject a Councellor and a Favorite We do not read of any servant almost better respected of his Lord and Master then Eliezar of Damascus whom Abraham had meant had he died childless to have made his heir and we read not of any service he did Abraham more at least greater then in choice of a Wife for his son Isaac Among the Servants of our Patriarch the Defender of our Faith we observe none better respected then your self For the King hath manifested he loves not your person only but takes care for your soul and labors to make you as good as great and as happy in another world as high in this Yet we know not wherein you can do him better service then with Eliezar to help to choose a Rebeccah for our hopeful Prince We have not heard said he of any Protestant King that ever married with a contrary Religion save the last Henry of Navar with the last Margaret of France which Marriage so unfortunate to the parties having never Issue and being afterwards divorced was also so fatal to our Religion that there was more Blood spilt at those Nuptials then Wine spent For while the Protestants dreamed of the glory and security they should have by the Match they were most miserably massacred And who doubts but what the French Papists committed in their own Country upon that colour and occasion the Spanish Papists would be glad to see done in this Kingdom upon the like For without breach of charity we may doubt of their sincere meaning though there be
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
not what way they take to become masters of them sleighting the latter day of Judgment so they may rest secured from yielding any account in this World I have no more to say but that God would be pleased to incline our hearts to do that which may be most for his glory next for the Kings service then for the Countreys happiness To the Doubts which the King propounded the Parliament gave Solution by a Committee of both Houses in the Declaration following delivered by the Archbishop of Canterbury with this Introduction May it please your Sacred Majesty WE are come to you again from your most Faithful Subjects and Loyal Servants the Lords and Commons assembled in this present Parliament And first We humbly let your Majesty know how much we hold our selves bounden unto Almighty God that he hath sent a King to rule and reign over us who is pleased in the greatest and weightiest causes to speak and to be spoken to in Parliament by his good and loving people which causeth the King to understand them over whom he beareth rule and them again to understand him And is a true Bond that tieth the heart of the Sovereign to the Subject and of the Subject reciprocally to their Leige Lord and Sovereign And next we rejoyce that your Majesty hath shewed your self sensible of the insincerity of the King of Spain with whom of late you have had a double Treaty and of the indignities offered by them unto your Blessed Son the Prince and to your Royal Daughter And that your Kingly heart is filled with an earnest desire to make Reparation to her noble Consort and her self of the Palatinate their Patrimonial Possession which is agréeable to Iustice and to all Laws of God and Man For the effecting whereof to certifie with what alacrity with what expediteness and uniformity of heart both your Houses of Parliament in the name of your whole Kingdom have borne themselves unto your Majesty with offer to give their Royal assistance we have digested it into writing lest by the verbal or vocal Delivery of any person it may miscarry or the expression of our zeal be weakned or diminished Which we humbly pray your Majesty to give leave to be read unto you Most Gratious Sovereign WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled Do first render to your Sacred Majesty our most dutiful thanks for that to our unspeakable comfort you have vouchsafed to express your self so well satisfied with our late Declaration made unto your Majesty of our general Resolution in pursuit of our humble Advice to assist your Majesty in a Parliamentary way with our persons and abilities And whereas your Majesty in your great Wisdom and Iudgment foreséeing that it will make a déeper Impression both in the Enemies of that Cause and in your Friends and Allies if they shall not onely hear of the chearful Offers but also sée the real Performance of your Subjects towards so great a Work Your Majesty was pleased to descend to a particular Proposition for the Advancing of this great business We therefore in all humbleness most ready and willing to give your Majesty and the whole World an ample Testimony of our sincere and dutiful Intensions herein Upon mature Advice and Deliberation as well of the weight and importance of this great Affair as of the present Estate of this your Kingdom the Weal and Safety whereof is in our Iudgments apparently threatned if your Majesties Resolution for the dissolving of the Treaties now in question be longer deferred and that Provision for defence of your Realm and aid of your Friends and Allies be not seasonably made have with a chearful consent of all the Commons no one Dissenting and with a full and chearful Consent of the Lords resolved That upon your Maiesties Publick Declaration for the Dissolution and utter Discharge of both the said Treaties of the Marriage and of the Palatinate in pursuit of our Advice therein and towards the support of that War which is likely to ensue and more particularly for those Four Points proposed by your Majesty namely For the Defence of this your Realm the securing of Ireland the assistance of your Neighbors the States of the United Provinces and other your Majesties Friends and Allies and for the setting forth of your Royal Navy We will grant for the present the greatest Aid which ever was given in Parliament That is to say Thrée intire Subsidies and thrée Fiftéens to be all paid within the compass of one whole year after your Majesty shall be pleased to make the said Declaration the Money to be paid into the hands and expended by the direction of such Committées or Commissioners as hereafter shall be agréed upon at this present Session of Parliament And we most humbly beséech your Majesty to accept of these first-fruits of our hearty Oblation dedicated to that work which we infinitely desire may prosper and be advanced And for the future to rest confidently assured That we your loyal and loving Subjects will never fail in a Parliamentary way to assist your Majesty in so Royal a design wherein your own honor and the honor of your most Noble Son the Prince the antient renown of this Nation the welfare and very subsistence of your Noble and onely Daughter and her Consort and their Posterity the safety of your own Kingdom and People and the prosperity of your Neighbors and Allies are so déeply engaged Herunto his Majesty replied My Lords and Gentlemen all I Have nothing to say to the Preamble of my Lord of Canterbury but that he intimated something in it which I cannot allow of For whereas he said I have shewed my self sensible of the insincerity of those with whom I had lately to deal and of the indignity offered to my Children In this you must give me leave to tell you that I have not expressed my self to be either sensible or insensible of the good or bad dealing It was Buckinghams Relation to you which touched upon it by it you must not bar me nor make Iupiter speak that which Iupiter speaks not For when I speak any such thing I will speak it with that reason and back it with that power which becomes a King As for the matter of the Declaration unto my Demands which you have couched in that Paper which I now heard read unto me I confess it is without example that any King hath had such an offer And with your favor I need fear nothing in this World having so much the hearts of my people For the large offer of assistance I hold it to be more then Millions of Subsidies and indeed it is an ample reward for the trust and freedom which I have used with you But my Lords and Gentlemen you must give me leave on the one side to consider the possibility of the action For in this case I must do as a man that maketh a
drawn upon us and cannot but foresee and fear least the like may hereafter happen and unevitably bring such peril to your Maiesties Kingdoms We are most humble Suitors to your gracious Maiesty to secure the hearts of your good Subiects by the engagement of your Royal word unto them that upon no occasion of Marriage or Treaty or other request in that behalf from any foreign Prince or States whatsoever you will take off or slacken the Execution of your Laws against the Popish Recusants To which our humble Petitions proceeding from our most loyal and dutifull affections toward your Maiesty our care of our Countries good and our confident perswasion that this will much advance the glory of Almighty God the everlasting honor of your Maiesty the safety of your Kingdom and the encouragement of all your good Subiects We do most humbly beseech your Maiesty to vouchsafe a gracious Answer This Petition after a Conference between both Houses was reduced to another form and so presented to the King To which his Majesty returned this Answer My Lords and Gentlemen of both Houses I Cannot but commend your zeal in offering this Petition to me yet on the other side I cannot but hold my self unfortunate that I should be thought to need a spur to do that which my Conscience and duty bindes me unto What Religion I am of my Books do declare my profession and behavior doth shew and I hope in God I shall never live to be thought otherwise surely I shall never deserve it and for my part I wish it may be written in Marble and remain to Posterity as a mark upon me when I shall swerve from my Religion for he that doth dissemble with God is not to be trusted with men My Lords for my part I protest before God that my heart hath bled when I have heard of the increase of Popery God is my Iudge it hath been such a great grief to me that it hath been as Thorns in my Eyes and Pricks in my Sides and so far I have been and shall be from turning another way And my Lords and Gentlemen you shall be my Confessors that one way or other it hath been my desire to hinder the growth of Popery and I could not be an honest man if I should have done otherwise And this I may say further that if I be not a Martyr I am sure I am a Confessor and in some sence I may be called a Martyr as in the Scripture Isaac was persecuted by Ishmael by mocking words for never King suffered more ill Tongues then I have done and I am sure for no cause yet I have been far from persecution for I have ever thought that no way more encreased any Religion then persecution according to that saying Sanguis Martyrum est Semen Ecclesiae Now my Lords and Gentlemen for your Petition I will not onely grant the substance of what you crave but add somewhat more of my own for the two Treaties being already annulled as I have declared them to be it necessarily follows of it self that which you desire and therefore it needs no more But that I do declare by Proclamation which I am ready to do that all Iesuites and Priests do depart by a day but it cannot be as you desire by our Proclamation to be out of all my Dominions for a Proclamation here extends but to this Kingdom This I will do and more I will Command all my Iudges when they go their Circuits to keep the same courses for putting all the Laws in Execution against Recusants as they were wont to do before these Treaties for the Laws are still in force and were never dispenced with by me God is my Iudge they were never so intended by me but as I told you in the beginning of the Parliament you must give me leave as a good horseman sometimes to use the Reins and not alwayes to use the Spurs So now there needs nothing but my Declaration for the disarming of them that is ready done by the Laws and shall be done as you desired and more I will take order for the shamefull disorder of the resorting of my Subjects to all foreign Ambassadors for this I will advise with my Councel how it may be best reformed It is true that the houses of Ambassadors are priviledged places and Major though they cannot take them out of their houses yet the Lord and Mr Recorder of London may take some of them as they come from thence and make them examples another point I will add concerning the education of their children of which I have had a principal care as the Lord of Canterbury and the Bishop of Winchester and other Lords of my Councel can bear me witness with whom I have advised about this business for in good faith it is a shame their Children should be bred here as if they were at Rome So I do grant not onely your desire but more I am sorry I was not the first mover of it to you but had you not done it I would have done it my self Now for the second part of your Petition you have here given me the best advice in the world for it is against the rule of wisdom that a King should suffer any of his Subjects to transgress the Laws by the intercession of other Princes and therefore assure your selves that by the Grace of God I will be carefull that no such conditions be foisted in upon any other Treaty whatsoever for it is fit my Subjects should stand or fall to their own Laws This Petition was furthered by the Duke of Buckingham who still retained the memory of his ill-usage in Spain and the Spanish Ambassador being netled thereat accused him to the King not without some reflection upon the Prince himself with some difficulty they procured a secret entercourse with the King and suggested unto him matters of near and high concernment to his Royal dignity and person They tell him that being besieged and closed up by the Dukes Servants and Vassals he was no more a freeman That he was to be confined to his Countrey-house and Pastimes the Prince having years and parts answerable for publick Government That the Duke had reconciled himself to all popular men such as Oxford Southampton Essex Say and others and sought to raise an opinion of his own greatness and to make the King grow less and that all looked towards the rising Sun Hereupon they advise the King to free himself from this Captivity and eminent Danger and to cut off so ungratefull an affecter of Popularity and greatness and so he should shew himself to be as he was reputed the oldest and wisest King in Europe These secrets were quickly blown abroad and brought to the Dukes Ear. But whatsoever impression the King received from them the thing whereupon he insisted openly was the demand of particular proofs But all their Answers consisted of Arguments against declaring the names of the Conspirators whereupon
the Kings Privy-Counsellors and other principal Subjects were examined upon oaths and Interrogatories most pertinent to the Accusation were propounded to them but this examination discovered nothing The King turned again to the Ambassadors with new instances to make a clear discovery but they still resolved to conceal the Authors And it was alledged by their Partakers and intimated to the King that the things were such as could not be evidenced by Legal proofs because the persons by whose testimony they may be confirmed do for fear of a most potent Adversary withdraw themselves and the Ambassadors never had the freedom personally to speak to his Majesty in the absence of the Duke of Buckingham an example say they unusual with other Kings and never to be taken well except when the King is weak in judgement and wants experience and a man wise and circumspect supplies his place But here said the Ambassador is a prudent King and a Favorite young rash and heady whose continual presence did argue guilt and fear and his Majesties most faithfull Servants dare not so much as disclose their minds Moreover they suggest that the business of the Palatinate was by him taken out of the hands of the Kings Council and referred to the Parliament that he did arrogate to himself the thanks of all things acceptable and was stiled the Redeemer of his Country and he would have it believed that he hath a dominion over the Kings and Princes will And things standing thus though many may be found that will speak against the King yet none will appear to speak against the Duke For which causes these close Informers besought his Majesty to free his Vassals from fear and diffidence who otherwise will dare discover nothing for his preservation But these dark Intelligences had no other issue then the moving of King Iames to represent to the King of Spain the miscarriages of his Ambassadors remitting the cause unto him with a demand of Justice and reparation for that the Information was sufficient to put impressions in him of perpetual jealousies of the Duke Hereupon when the Ambassadors were returned home they suffered a few dayes confinement but were afterwards rather rewarded and further imployed For in the Court of Spain Buckinghams name was odious and the Princes honor of little value and the Kings reputation at a low ebb divers particular Enmities were already begun between the Subjects of both Crowns the English Merchants were oppressed in the Spanish Ports Notwithstanding the Dukes vast power and popularity the Earl of Bristol refused to bow before him The Earl though his charge were heavy and his Cause strongly prejudiced did not abandon his own defence but protested against the Dukes Narration of the Spanish Affairs and was committed to the Tower being not admitted into the Kings presence nor to plead his Cause before him He was to the Duke a stout and dangerous Enemy insomuch that he was said to violate the rules of the prudent Mariner who in a Storm and foul weather is accustomed rather to pull down then to hoise up Sailes Saturday the 29 of May the King being come to the House of Peers and his Majesty and the Lords in their Robes Sir Thomas Crew Speaker being come to the Bar and the Commons present he made this Speech THat God to his own great glory had brought this Session of the Parliament so happily begun to so happy an end that both Houses and every particular Member thereof had given their willing assent even with one voice unto the Advice which his Majesty was pleased so low to descend as to demand of them As there was not an hammer heard in the building of the House of God so in this great Business there was not a Negative voice nor any jarring among them But their time was wholly spent in the business of Parliament in which they had prepared many Bills profitable for the Common-wealth and shewed the several natures of those Bills some for the service of God and restraint of Recusants some to redress the Enormities of the Commonwealth others of his Majesties grace and bounty to his people and some concerning the Prince's Highness touching his own Lands and others to settle strife in particular Estates all which do wait for and humbly desire his Majesties Royal assent He shewed also what great joy they all received for the Dissolution of the two Treaties with Spain and that Commissioners are required to see the Edicts performed against Recusants and Iesuites the Locusts of Rome wherein will consist his Majesties chiefest safety And they do render him humble thanks for their antient Priviledges which they fully enjoyed this Parliament and their so often access unto his Majesties presence and more especially for his Majesties general large liberal and free Pardon shewing the benefit thereof and reciting the particulars He also presented the Bill of Three entire Subsidies and Three Fifteens and Tenths granted this Session and declared the cheerfulness of the grant thereof And making his earnest prayers unto Almighty God to direct his Majesties heart to make his own Sword his Sheriff to put his Son-in-law in possession of his Palatinate the antient Inheritance of his Royal Grandchildren he ended humbly craving pardon for himself and his own errors committed this Session Unto which his Majesty presently made answer beginning with the last of the Speakers Speech touching their Freedom which he promised to continue unto them in as large a manner as ever they enjoyed the same And for the Restitution of his Son-in-law protested his continual care thereof and his great grief if he should not see an assured hope before he died and vowed that all the Subsidies for which he heartily thanked them though it had not been so tied and limited should have been bestowed that way His Majesty remembred them that nothing was given to relieve his own wants which he expecteth at the neâ—â— Session the beginning of Winter He acknowledged the obedience and good respect of the Commons in all things this Parliament for which as he was pleased to say he thanks them heartâ—ly and without complement and if they please to continue the same at their next meeting it will make this the happiest Parliament that ever was His Majesty spake also of the Grievances presented unto him yesterday by the Commons at Whitehall promising them a full Answer at their next meeting That he had looked over them and was glad they were of no greater importance His Majesty remembred the House to handle Grievances at their next meeting and to hunt after none nor to present any but those of importance He promised to go over them all and to give a free answer such as should be good for his People not respecting any Creature whatsoever and that he will advise herein with his Council and Judges At this time his Majesty said he would shew them his grievances first that they grieve at the Reformation of Building about London
testimonia invictissimi unà cum Joanne fratre suo juniore in obsidione Francovalenti hic factâ eruptione arreptus ille ictu bombardae percussus occubuere Anno M.DC.XXI This Monument was erected by the Town of Frankendal in memory of those two Brothers who were Uncles to that Valiant Victorious and Self-denying General THOMAS Lord FAIRFAX late Commander in Chief of the Parliaments Armies in England In France the Marriage-Treaty was not so fair smooth and plausible in the progress as in the entrance King Iames admiring the Alliance of mighty Kings though of a Contrary Religion as also fearing the disgrace of another Breach desired the Match unmeasurably which the French well perceived and abated of their forwardness and enlarged their Demands in favor of Papists as the Spaniards had done before them and strained the King to the Concession of such Immunities as he had promised to his Parliament that he would never grant upon the mediation of Forein Princes The Cardinal Richlieu being in the infancie of his favor and appointed to the managing of the Treaty assured the Catholicks of Great Britain that the most Christian King remembring that he was born and raised up no less for the propagation of the Catholick Cause then for the enlarging of his own Dominions was resolved to obtain honorable Terms for Religion or never to conclude the Match And for his own part such was his compassion towards them that if he might work their deliverance or better their condition not only with Counsel interest and authority but with his life and blood he would gladly do it However this Treaty held fewer moneths then the years that were spent in that of Spain Indeed the Motion from England had a braver expression seeing a Wife was here considered as the only object of the Treaty whereas that of Spain was accompanied with a further expectation to wit the rendring of the Palatinate to King Iames his children In August the Match was concluded and in November the Articles were sworne unto by King Iames Prince Charls and the French King The Articles concerning Religion were not much short of those for the Spanish Match The Conclusion of the Treaty was seconded in France with many outward expressions of Joy as Bonfires and the like Whereupon the Privy-Council sent to the Lord Mayor of London requiring the like to be done here This year Count Mansfield arrived in England whose reception was splendid and honorable He was entertained in the Prince his House in S. Iames's and served in great state by some of the Kings Officers A Press went through the Kingdom for the raising of Twelve thousand Foot with two Troops of Horse to go under his Command for the Recovery of the Palatinate These Forces were intended to pass through France into Germany the French having promised as well an Addition of Strength as a free passage In the mean while there were those that secretly sollicited the King to return into the way of Spain and raised suspitions of Mansfields Enterprise saying he was the Palsgraves Scout and Spy And if the Puritans desired a Kingdom they did not wish it to the most illustrious Prince Charls his Majesties best and true Heir but to the Palatine That it was the Dukes Plot and the Parliaments Fury to begin a War with Spain but it will be the glory of his Majesties blessed Reign that after many most happy years that Motto of his Blessed be the Peace-makers might even â—o the last be verified of him in the letter and be propounded for imitation to the most illustrious Prince and that the experience of his happy Government should carry the Prince in a connatural motion to the same Counsels of Peace And at the same time the more circumspect party in the Spanish Court held it fit to continue the state of things in a possibility of an Accommodation with the King of Great Britain and Gondomar was coming again for England to procure a Peace notwithstanding the Duke of Bavaria used all diligence to combine himself with that Crown offering to depend wholly thereon so that he may be thereby protected in his new acquired Dignity But in these Motions the Elector of Saxony with many Reasons advised the Emperor to apply himself to the setling of a Peace in Germany and with much instance besought him not to destroy that antient House of the Palatinate Count Mansfield was at this time in England and the Forces raised in the several parts of the Kingdom for the recovery of the Palatinate were put under his Command and Marching to their Rendezvous at Dover committed great Spoils and Rapines in their passage through the Counties At that Rendezvous the Colonels and Captains were assigned to receive their several Regiments and Companies from the Conductors employed by those several Counties where the Men were raised A List of some of the Regiments of Foot designed for that Expedition I. EArl of Lincoln Colonel Lieut. Col. Allen. Serjeant Major Bonithon Sir Edward Fleetwood Captain Wirley Capt. Reynolds Capt. Babbington Sir Matthew Carey Capt. Barlee Capt. Cromwel II. Viscount Doncaster Colonel Sir Iames Ramsey Lieut. Colonel Alexander Hamilton Serjeant Major Capt. Archibald Duglas Capt. Zouch Capt. Iohn Duglas Capt. Pell Capt. William Duglas Capt. George Kellwood Capt. Andrew Heatly III. Lord Cromwel Colonel Lieut. Col. Dutton Serjeant Major Gibson Capt. Basset Capt. Lane Capt. Vincent Wright Capt. Ienner Capt. Vaughan Capt. Owseley Capt. Crane IV. Sir Charles Rich Colonel Lieut. Col. Hopton Serjeant Major Killegrew Sir Warham St. Leiger Sir W. Waller Capt. Burton Capt. Francis Hammond Capt. Winter Capt. Goring Capt. Fowler V. Sir Andrew Grey Colonel Lieut. Col. Boswel Serjeant Major Coburne Capt. David Murray Capt. Murray Capt. Forbois Capt. Carew Capt. Ramsey Capt. Williams Capt. Beaton VI. Sir Iohn Borrough Colonel Lieut. Col. Bret. Serjeant Major Willoughby Capt. William Lake Capt. Roberts Capt. Webb Capt. Skipwith Capt. Thomas Woodhouse Capt. George Capt. Mostian The Duke of Buckingham Lord Admiral was required to employ those Ships that were now in the Narrow Seas or in the Havens ready bound for any Voyage for the Transporting this Army from Dover Count Mansfield received his Commission from King Iames bore date the Seventh of November One thousand six hundred twenty and four and was to this effect That his Majesty at the Request of the Prince Elector Palatine and the Kings Sister his Wife doth impower Count Mansfield to raise an Army for the recovering of the Estate and Dignity of the Prince Elector and appoints that the Forces so raised should be under the Government of the said Count Mansfield for the end aforesaid And his Majesty further declares by way of Negative That he doth not intend that the said Count shall commit any spoil upon the Countreys or Dominions of any of his Majesties Friends and Allies and more particularly He doth require the said Count not to make any invasion or do any act of War
of Eloquence though never so excellent all this hath somewhat servile and holding of the Subject But your Majesties manner of Speech is indeed Prince-like flowing as from a Fountain and yet streaming and branching it self into Natures order full of Facicility and Felicity Imitating none and inimitable by any c. And there seemeth to be no little contention between the excellency of your Majesties gifts of Nature and the universality and perfection of your Learning for I am well assured of this that what I shall say is no amplification at all but a positive and measured truth which is That there hath not been since Christs time any King or Temporal Monarch which hath been so learned in all Literature and Erudition Divine and Humane For let a man seriously and diligently revolve and peruse the Succession of the Emperors of Rome of which Caesar the Dictator who lived some years before Christ and Marcus Antonius were the best learned and so descend to the Emperors of Graecia or of the West and then to the Lines of France Spain England Scotland and the rest and he shall finde this Judgment truly made For it seemeth much in a King if by the compendious extractions of other Mens Wits and Learning he can take hold of any superficial Ornaments and shews of Learning or if he countenance or prefer Learning and Learned Men. But to drink indeed of the true Fountain of Learning nay to have such a Fountain of Learning in himself in a King and in a King born is almost a miracle and the more because there is met in your Majesty a rare conjunction as well of Divine and Sacred Literature as of Prophane and Humane So as your Majesty stands invested of that Triplicity which in great veneration was ascribed to the Antient Hermes The Power and Fortune of a King the Knowledge and Illumination of a Priest and the Learning and Universality of a Philosopher This Propriety inherent and individual Attribute in your Majesty deserveth to be expressed not onely in the Fame and Admiration of the present time nor in the History or Tradition of the Ages succeeding but also in some solid Work fixed Memorial and Immortal Monument bearing a Character or Signature both of the Power of a King and the Difference and Perfection of such a King Memoria Iusti cum laudibus impiorum nomen putrescit He that hath lately writ the History of Great Britain thus expresseth himself concerning King Iames. HE was a King in understanding and was content to have his Subjects ignorant in many things as in Curing the Kings Evil which he knew a device to ingrandize the vertue of Kings when Miracles were in fashion but he let the World believe it though he smiled at it in his own Reason finding the strength of imagination a more powerful agent in the Cure then the Plaisters his Surgeons prescribed for the Sore It was a hard question whither his Wisdom and Knowledge exceeded his Choler and Fear certainly the last couple drew him with most violence because they were not acquisitious but natural if he had not had that allay his high towering and mastering Reason had been of a rare and sublimed excellency but these Earthly dregs kept it down making his Passions extend him as far as Prophaneness that I may not say Blasphemy and Policy superintendent of all his Actions which will not last long like the violence of that humor for it often makes those that know well to do ill and not be able to prevent it He had pure Notions in Conception but could bring few of them into action though they tended to his own preservation for this was one of his Apothegms which he made no timely use of Let that Prince that would beware of Conspiracies be rather jealous of such whom his extraordinary favors have advanced then of those whom his displeasure hath discontented These want means to execute their pleasures but they have means at pleasure to execute their desires Ambition to rule is more vehement then Malice to revenge Though the last part of this Aphorism he was thought to practise too soon where there were no causes for prevention and neglect too late when time was full ripe to produce the Effect Some paralleld him to Tiberius for Dissimulation yet Peace was maintained by him as in the time of Augustus and Peace begot Plenty and Plenty begot Ease and Wantonness and Ease and Wantonness begot Poetry and Poetry swelled to that bulk in his time that it begot strange monstrons Satyrs against the Kings own person that hanted both Court and Countrey which expressed would be too bitter to leave a sweet perfume behinde him And though bitter ingredients are good to imbalm and preserve dead Bodies yet these were such as might endanger to kill a living Name if Malice be not brought in with an Antidote And the Tongues at those times more fluent then my Pen made every little miscarriage being notable to discover their true operations like small Seeds hid in Earthy darkness grow up and spred into such exuberant Branches that evil report did often pearch upon them So dangerous it is for Princes by a remiss comportment to give growth to the least Error for it often proves as fruitful as Malice can make it But alass good King Here was an end of his Earthly Empire and little did he imagine that the last period to Great Britains Monarchy should not much exceed the time of his own Reign and in the true extent come short of it There is a Book said to be writ by a Knight of Kent and intituled King James Court which renders a further Character of that King we forbear to particularize any thing thereof no name being put to the Book but leave the Reader to his freedom The Bishop of Lincoln then Lord Keeper of the Great Seal of England in his Sermon at King Iames Funeral speaking of Solomon and King Iames his Text being 1 Kings 11.41 42 43. hath these Expressions I Dare presume to say you never read in your lives of two Kings more fully parallel'd amongst themselves and better distinguished from all other Kings besides themselves King Solomon is said to be Unigenitus coram Matre sua the onely Son of his Mother Prov. 4.3 So was King Iames. Solomon was of Complexion white and ruddy Cant. 5.10 So was King Iames. Solomon was an Infant-King puer parvulus a little Childe 1 Chron. 22.5 So was King Iames a King at the Age of Thirteen Moneths Solomon began his Reign in the life of his Predecessor 1 Kings 1.32 So by the force and compulsion of that State did our late Soveraign King Iames. Solomon was twice crowned and anointed a King 1 Chro. 29.22 So was King Iames. Solomons Minority was rough through the quarrels of the former Soveraign so was that of King Iames. Solomon was learned above all the Princes of the East 1 Kings 4.30 So was King Iames above all Princes in the
attended by all the Servants in Ordinary The day following the Privy-Counsellors to the late King with all the Lords Spiritual and Temporal then about London were in the Council Chamber at Whitehall by Eight of the Clock in the morning ready to go together and present themselves to his Majesty but there came in the mean a Commandment from the King by the Lord Conway and Sir Albertus Morton Principal Secretaries of State to the deceased King that the Lord Keeper of the Great-Seal should be sworn of his Majesties Privy-Council and that he should give the Oath to the Lord President by whom all the rest of the late Kings Council should be sworn Counsellors to his present Majesty The Lord Keeper of the great Seal the Lord President the Lord Arch-bishop of Canterbury the Lord Treasurer of England the Lord Privy-Seal the Duke of Buckingham Lord Admiral of England the Earl of Pembrook Lord Chamberlain the Earl of Montgomery the Earl of Kellye the Earl of Arundel Earl Marshal of England the Lord Viscount Grandison the Lord Conwey the Lord Brook Mr Treasurer Mr Comptroller the Master of the Wards Mr Secretary Morton Mr Chancellor of the Exchequer and the Master of the Rolls were this day sworn accordingly the Lord Keeper did take an Oath apart as Lord Keeper of the Great Seal the Lord Treasurer as Lord Treasurer of England the Lord President as Lord President of the Kings Privy-Council and the Lord Conwey and Sir Albertus Norton as principal Secretaries of State the Lords which were not of his Majesties Privy-Council repaired by themselves to St Iames's and presented themselves to the King and kissed his hand The Council sat immediately and advised of the most important and pressing matters to be offered to the King for his present service and resolved upon these particulars That a Commission be granted to authorize the Great-Seal Privy-Seal and Signet till new ones be prepared also Commissions for authorizng of Judges Justices of Peace Sheriffs and other such Officers for Government that there be a general Proclamation for continuation of Proceedings preservation of Peace and administration of Justice that Letters be prepared for the Ambassadors with foreign Princes to authorize their services to the King that special Messengers be sent unto foreign Princes that the like Proclamations to those of England be sent into Scotland that Commissions be renewed into Ireland to the Deputy and Officers there that the Mint for Coyning of money go on and all things be mannaged by the Officers as then they stood till the Kings pleasure be further known that a Parliament be summoned when the King shall appoint that the Kings pleasure be known concerning the time of his Fathers Funeral and where the Corps shall rest in the mean time as also the time of his Majesties Coronation This being done the whole Council attended the King at St Iames's where the Lord Keeper in the name of all the rest presented their humble thanks that it had pleased his Majesty to have affiance in those that had been Counsellors to his Father to receive them all to be of his Privy-Council the Lord President represented to the King the matters before mentioned which the King allowed and gave order that those of them which required speed should be put in execution and most of the powers he signed presently And first because by the death of the late King the Authorities and powers of the greatest number of Offices and places of Government did cease and fail by the failing of the Soveraign Person from whom the same were derived a Proclamation issued forth signifying his Majesties pleasure that all persons whatsoever who at the decease of the late King were invested in any Office or Place of Government Civil or Martial within the Realms of England and Ireland and namely Presidents Lieutenants Vice-Presidents Judges Justices Sheriffs Deputy Lieutenants Commissaries of Musters Justices of Peace shall continue in their several Offices till his Majesties pleasure were further known In another Proclamation of the same date the King took notice of his Fathers death and that he being his onely Son and undoubted Heir is invested and established in the Crown Imperial of this Realm and all other his Majesties Realms Dominions and Countries with all the Royalties Preeminencies Stiles Names Titles and Dignities to the same belonging and he declared That as he for his part shall by Gods grace shew himself a most benign and gracious Soveraign Lord to all his good Subjects in all their lawfull Suits and Causes so he mistrusteth not but that they on their parts will shew themselves unto him their natural Liege Lord most loving faithfull and obedient Subjects The Council resolved to move the King that his Fathers Funeral might be solemnized within five weeks and within a few dayes after the Ceremonial Nuptials in France and before the Parliament began in England These Resolves the Lord President represented unto the King who accepted of the advices and said he would follow them Moreover he summoned a Parliament to begin the seventeeth of May but by the advice of his Privy-Council Prorogued it to the one and thirtieth of May afterwards to the thirteenth of Iune and then to the eighteenth of the same moneth which Prorogations were occasioned by the Kings going to Dover to receive the Queen April 23. The Body and Herse of King Iames was brought from Theobalds to London being conducted by the Officers of the Guard of the Body all in Mourning every one having a Torch and attended by all the Lords of the Court and great numbers of other persons of quality and was placed in Denmark-House in the Hall of the deceased Queen Anne The seventh of May was the day of Burial the Body and Herse were taken from the said Hall of State and brought in great Pompe and Solemnity to Westminster where the Kings of England use to be interred The new King to shew his Piety towards his deceased Father was content to dispense with Majesty he followed in the Rear having at his right hand the Earl of Arundel at his left the Earl of Pembrook both Knights of the Garter his Train was born up by twelve Peers of the Realm So King Iames who lived in Peace and assumed the title of Peace-maker was peaceably laid in his Grave in the Abby at Westminster King Charles in his Fathers life time was linked to the Duke of Buckingham and now continued to receive him into an admired intimacy and dearness making him Partaker of all his Counsels and Cares and Chief Conductor of his Affairs an Example rare in this Nation to be the Favorite of two succeding Princes The Publick State of Religion and the steering of Church-matters had an early inspection and consultation in the Cabinet Council Bishop Laud who in King Iame's life time had delivered to the Duke a little book about Doctrinal Puritanism now also delivered to the Duke a
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
impaired the same I would you would hasten for my Supply or else it will be worse for your selves For if any ill happen I think I shall be the last shall feel it Afterwards the Commons fell upon the Duke as the chief Cause of all Publick Miscarriages Doctor Turner a Physitian propounded in the House these Questions which were then commonly called Queries against the Duke of Buckingham and were grounded upon Publick Fame 1. Whether the Duke being Admiral be not the Cause of the loss of the Kings Royalty in the Narrow-Seas 2. Whether the unreasonable exorbitant and immense Gifts of Money and Lands bestowed on the Duke and his Kindred be not the Cause of impairing the Kings Revenue and impoverishing of the Crown 3. Whether the Multiplicity of Offices conferred upon the Duke and others depending upon him whereof they were not capable be not the Cause of the Evil Government of this Kingdom 4. Whether Recusants in general by a kind of Connivencie be not borne out and increased by reason of the Dukes Mother and Father-in-law being known Papists 5. Whether the Sale of Honors Offices and Places of Judicature and Ecclesiastical Livings and Promotions a scandal and hurt to the Kingdom be not through the Duke 6. Whether the Dukes staying at home being Admiral and General in the Fleet of the Sea and Land-Army were not the Cause of the bad success and overthrow of that Action And whether he did give good direction for that Design All these are famed to be so Hereupon two Questions were moved in Parliament 1. Whether the Six Heads delivered by Doctor Turner to be the Cause of the Evils that were grounded upon Common Fame be to be debated in Parliament 2. Whether an Accusation upon Common Fame by a Member of this House be a Parliamentary way It was declared by Sir Tho. Wentworth Mr. Noy and other Lawyers in the Debate That there was a difference between Common Fame and Rumor For the General voice Vox populi is Common Fame And if Common Fame might not be admitted as an Accuser Great men would be the onely safe men for no Private person dare adventure to enquire into their Actions But the House of Commons is a House of Information and Presentment but not a House of Definitive Judgment So the House came to this Resolution That Common Fame is a good ground of Proceeding for this House either by Enquiry or presenting the Complaint if the House finds cause to the King or Lords The Commons the next day proceeding in that Debate Sir Richard Weston delivered to the House this Message from his Majesty THat his Majesty had taken notice of a seditious Speech uttered in the House by Mr. Clement Cook The words are said to be to this effect That it were better to die by an Enemy then to suffer at home Yet his Majesty in his wisdom hath forborne to take any course therein or to send to the House about it not doubting but the House would in due time correct such an Insolence But his Majesty hath found that his patience hath wrought to an ill effect and hath imboldened one since to do a strange act in a strange way and unusual that is Doctor Turner who on Saturday last without any ground of knowledge in himself or Proof tendred to the House made an Enquiry of sundry Articles against the Duke of Buckingham as he pretended but indeed against the Honor and Government of the King and his late Father This his Majesty saith is such an Example that he can by no means suffer though it were to make Enquiry of the meanest of his Servants much less against one so neer unto himself and doth wonder at the foolish impudencie of any man that can think he should be drawn out of any end to offer such a Sacrifice much unworthy the greatness of a King and Master of such a Servant And therefore his Majesty can no longer use his wonted patience but desireth the Justice of the House against the Delinquents not doubting but such course will be taken that he shall not be constrained to use his Regal authority to right himself against these two Persons Upon this Message Doctor Turner made a short Explanation of himself desiring to know wherewith he was charged What he said he said the House can witness and what he said he spake for the general good of the Commonwealth and not upon the least reflection of any in particular This he thought a Parliamentary way warranted by antient Presidents To accuse upon Common Fame he finds warranted first by the Imperial Roman Laws and the Canons of the Church which allowed Common Fame sufficient to accuse any man And they that are learned amongst them give two reasons First for Greatness Next for Cunning. Our Ancestors within these walls have done the like and that to a Duke the Duke of Suffolk in the time of King H. 6. who was accused upon Fame And lastly he said Mr. Chancellor himself did present the Common Undertakers upon Particular Fame and why he should not have as ample priviledge in this place he knew no reason to the contrary The Commons having appointed another day for the Debate of this Business in the mean time came this Letter from Doctor Turner to the Speaker SIR THese Lines first Petition you to signifie to the Honorable House of Commons That my desires are still the same to have made my personal appearance before you but my ability and strength to perform it are not the same And therefore that I humbly desire them to excuse me on that part and to accept of this my Answer unto the matter I shall speak to I do confess that on Saturday last in the afternoon I did deliver in certain Accusations of Common Fame into the House of Parliament against my Lord Admiral and that out of so many all bearing the signiture of Vox populi I chose out some few not because they were greater or more known Grievances but because they did seem to direct us to find out the Griever or the first Cause For I did think it was then full time to agree the Agent and the Actions and that it was time also to leave considering Grievances in Arbitration I do now also agree unto you that which hath been reported unto you by Mr. Wandesford and by that if you shall think sit will put my self unto your Censure hoping and assuring my self that you will find my design to include nothing else within it but duty and publick service to my Country and also that my addressing those Accusations unto the House of Parliament shall by you be found to be done by a mannerly and Parliamentary way But howsoever it becomes me to submit my Cause to your Wisdoms and equal Iudgments which I do heartily and whatsoever you shall please to appoint me I shall dutifully satisfie when God shall be pleased to restore me able to attend your service I doubt
not but to give you an honest accompt of all my Actions herein And if I shall first to my grave I desire if you find me cleer the reputation of an Honest man and an English-man may attend me thereunto Thus I rest Your dutiful and humble Servant SAMUEL TURNER To the Honorable Sir Henage Finch Speaker of the House of Commons The Monday following Sir W. Walter if the Name be not miswritten in our Collections represented to the House That the Cause of all the Grievances was for that according as it was said of Lewis the Eleventh King of France All the Kings Council rides upon one horse And therefore the Parliament was to advise his Majesty as Iethro did Moses to take unto him Assistants with these qualities 1. Noble from among all the People not Upstarts and of a Nights growth 2. Men of Courage such as will execute their own Places and not commit them to base and undeserving Deputies 3. Fearing God who halt not betwixt two opinions or incline to False worship in respect of a Mother Wife or Father 4. Dealing truly for Courtship Flattery and Pretence become not Kings Councellors but they must be such as the King and Kingdom may trust 5. Hating Covetousness No Bribers nor Sellers of Places in Church or Commonwealth much less Honors and Places about the King and least of all such as live upon other mens ruines 6. They should be many set over Thousands Hundreds Fifties and Tens one Man not ingrossing all Where there is abundance of Counsel there is Peace and Safety 7. They must judge of small matters the greater must go to the King himself not all to the Council much less any one Counsellor must alone manage the whole weight but Royal actions must be done only by the King 8. Lastly Moses chose them Elders not Young men Solomon by miracle and revelation was wise being young but neither his Son nor his young Counsellors had that priviledge No more is it expected in any of our Counsellors until by age and experience they have attained it Sir Iohn Elliot continued the Debate and thus spake WE have had says he a representation of great fear but I hope that shall not darken our understandings There are but two things considerable in this business First the Occasion of our Meeting and secondly the present State of our own Country The first of these we all know and it hath at large been made known unto us and therefore needeth no dispute The latter of these we ought to make known and draw and shew it as in a Perspective in this House For our wills and affections were never more clear more ready as to his Majesty but perhaps bauk'd and check'd in our forwardness by those the King intrusts with the affairs of the Kingdom The last Action was the Kings first Action and the first Actions and Designs of Kings are of great observance in the eye of the World for therein much dependeth the esteem or disesteem of their future proceedings And in this Action the King and Kingdom have suffered much dishonor We are weakned in our strength and safety and many of our men and ships are lost This great Design was fixed on the person of the Lord General who had the whole Command both by Sea and Land And can this great General think it sufficient to put in his Deputy and stay at home Count Mansfield's Actions were so miserable and the going out of those men so ill managed as we are scarce able to say they went out That handful of men sent to the Palatinate and not seconded what a loss was it to all Germany We know well who had then the Kings ear I could speak of the Action of Algier but I will not look so far backward Are not Honors now sold and made despicable Are not Judicial Places sold and do not they then sell Justice again Vendere jure potest emerat ille prius Tully in an Oration against Verres notes That the Nations were Suitors to the Senate of Rome that the Law De pecuniis repetundis might be recalled Which seems strange that those that were Suitors for the Law should seek again to repeal it but the reason was it was perverted to their ill So it is now with us besides inferior and subordinate persons that must have Gratuities they must now feed their great Patrons I shall to our present Case cite two Presidents The first is 16 H. 3. The Treasure was then much exhausted many Disorders complained on the King wronged by some Ministers many Subsidies were then demanded in Parliament but they were denied And then the Lords and Commons joined to desire the King to reassume the Lands which were improvidently granted and to examine his great Officers and the Causes of those Evils which the People then suffered This was yielded unto by the King and Hugo de Burgo was found faulty and was displaced and then the Commons in the same Parliament gave Supply The second President was in the Tenth year of Richard the Second Then the Times were such and Places so changeable that any great Officer could hardly sit to be warmed in his Place Then also Monies had been formerly given and Supply was at that Parliament required but the Commons denied Supply and complained that their Monies were misimployed That the Earl of Suffolk then overruled all and so their Answer was They could not give And they petitioned the King that a Commission might be granted and that the Earl of Suffolk might be examined A Commission at their request was awarded and that Commission recites all the Evil then complained of and that the King upon the Petition of the Lords and Commons had granted that Examination should be taken of the Crown-Lands which were sold of the Ordering of his Houshold and the Disposition of the Jewels of his Grandfather and Father I hear nothing said in this House of our Jewels nor will I speak of them but I could wish they were within these walls We are now in the same case with those former Times we suffer alike or worse And therefore unless we seek redress of these great Evils we shall find disability in the wills of the People to grant I wish therefore that we may hold a dutiful pursuance in preparing and presenting our Grievances For the Three Subsidies and Three Fifteens which are proposed I hold the proportion will not suit with what we would give but yet I know it is all we are able to do or can give and yet this is not to be the stint of our affections but to come again to give more upon just occasions In the heat of these Agitations the Commons notwithstanding remembred the Kings Necessities and took the matter of Supply into consideration and Voted Three Subsidies and Three Fifteens to be paid the last day of Iune and the last of October next following and that the Act be brought in as soon as Grievances are
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
upon the Priviledges of the Peers of this Land and upon mine and their safety hereafter For if the Writ be not obeyed the Law calleth it a Misprission and highly fineable whereof we have had late examples and a missive Letter being avowed or not is to be doubted would not be adjudged a sufficient discharge against the Great-Seal of England On the other side if the Letter be not obeyed a Peer may De facto be committed upon a Contempt in the interim and the Question cleared afterwards so that in this case it is above mine abilities I can onely answer your Lordship that I will most exactly obey and to the end I may understand which obedience will be in all kindes most suitable to my duty I will presently repair to my private Lodging at London and there remain until in this and other Causes I shall have petitioned his Majesty and understand his further pleasure For the second part of your Lordships Letter where your Lordship saith That his Majesties meaning is not thereby to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as before so that your Lordships personal attendance here is to be forborne I conceive your Lordship intendeth this touching my coming to Parliament onely for as touching my comning to London I never had at any time one word of prohibition or colourable pretence of restraint but on the contrary having his late Majesties express leave to come to London to follow my affairs out of my respect to his Majesty then Prince and to the Duke of Buckingham I forbore to come until I might know whether my coming would not be disagreeable unto them whereunto his Majesty was pleased to answer both under the hand of the Duke and of Mr Secretary Conway That he took my respect unto him herein in very good part and would wish me to make use of the leave the King had given me since which time I never received any Letter or Message of restraint onely his Majesty by his Letter bearing date June the last commandeth me to remain as I was in the time of the King his Father which was with liberty to come to London to follow mine own affairs as I pleased as will appear unto your Lordship if you will afford me so much favor as to peruse them I have writ this much unto your Lordship because I would not through misunderstanding fall into displeasure by my coming up and to intreat your Lordship to inform his Majesty thereof And that my Lord Conway by whose Warrant I was onely restrained in the late Kings time of famous memory may produce any one word that may have so much as any colourable pretence of debarring my coming up to London I beseech your Lordship to pardon my desire to have things clearly understood for the want of that formerly hath caused all my troubles and when any thing is misinformed concerning me I have little or no means to clear it so that my chief labor is to avoid misunderstanding I shall conclude with beseeching your Lordship to do me this favor to let his Majesty understand that my coming up is onely rightly to understand his pleasure whereunto I shall in all things most dutifully and humbly conform my self And so with my humble service to your Lordship I recommend you to Gods holy protection and remain Your Lordships most humble Servant BRISTOL Sherborn April 12. 1626. Hereupon the Lord Keeper delivered this Message from the King to the House of Lords THat his Majesty hath heard of a Petition preferred unto this House by the Earl of Bristol so void of duty and respects to his Majesty that he hath great cause to punish him That he hath also heard with what duty and respectfulness to his Majesty their Lordships have proceeded therein which his Majesty conceiveth to have been upon the knowledge they have that he hath been restrained for matters of State and his Majesty doth therefore give their Lordships thanks for the same and is resolved to put the Cause upon the honor and justice of their Lordships and this House And therefore his Majesty commanded him the Lord Keeper to signifie to their Lordships his Royal pleasure That the Earl of Bristol be sent for as a Delinquent to answer in this House his Offences committed in his Negotiations before his Majesties being in Spain and his Offences since his Majesties coming from Spain and his scandalizing the Duke of Buckingham immediately and his Majesty by reflection with whose privity and by whose directions the Duke did guide his Actions and without which he did nothing All which his Majesty will cause to be charged against him before their Lordships in this House The Lords appointed a Committee to attend the King and to present their humble thanks to his Majesty for the trust and confidence he had placed in the honor and justice of their House About this time the Marshal of Middlesex petitioned to the Committee of the House of Commons touching his resistance in seising of Priests goods A Warrant was made by Mr Attorney General to Iohn Tendring Marshal of Middlesex and other therein named to search the Prison of the Clink and to seise all Popish and Superstitious matters there found A Letter also was directed to Sir George Paul a Justice of Peace in Surrey to pray him to take some care and pains to expedite that service On Good Friday April 7. Sir George Paul was ready by six a clock in the morning five or six Constables being charged and about an hundred persons to aid and assist them The Marshall being attended with the persons named in the Warrant and divers others of his own servants and the Aid being provided by Sir George Paul came to the Clink and finding a door open without any Porter or Door-keeper at all entred without resistance at the first appearing But immediately upon discovery of his purpose the Concourse of people without and his unexpected entrance giving occasion thereto the Porter steps up shuts the door and keeps the Marshal and some few that entred together with him within and his Aid without resisting them that would enter their Warrant being shewed notwithstanding until by force another door was broken open by which the other persons named in the Warrant the Marshals men with the Constables and others appointed for their assistance with Halberts did enter also leaving sufficient company without to guard the three several doors belonging to the House Being within the Marshall gave direction to his followers to disperse themselves into several parts of the House to the end that whilest he did search in one part the other parts and places might be safely guarded and so he proceeded in his search in the prosecution whereof he found four several Priests in the house viz. Preston Cannon Warrington Prator Preston was committed to the Clink about 16 years since and discharged of his imprisonment about
the Clink But I am of opinion that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Iesuites for they do nothing but put tricks on these poor men who do live more miserable lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it And once there was a plot to have taken Preston as he passed the Thames and to have shipt him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him In respect of these things King James always gave his protection to Preston and Warrington as may be easily shewed Cannon is an old man well-affected to the Cause but medleth not with any Factions or Seditions as far as I can learn They complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the house but may be restored again unto them For it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their prayers I leave the things to your best consideration and hope that this Deed of yours together with my Word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very loving Friend G. Canterbury By this time the Commons had prepared an Humble Remonstrance to the King in Answer to his Majestie 's and the Lord Keeper's Speech Most Gracious Soveraign WHereas your Majesty hath béen pleased of late at sundry times and by several means to impart unto us your Royal pleasure touching some passages and procéedings in this present Parliament We do first with unspeakable joy and comfort acknowledge your Majesties grace and favor in that it hath pleased you to cause it to be delivered unto us by the Lord Kéeper of your Great Seal in your own Royal presence and before both Houses of Parliament That never King was more loving to his people nor better affected to the right use of Parliaments withal professing your most gracious resolution to hear and redress our just Grievances And with like comfort we acknowledge your Majesties goodness shining at the very entrance of your glorious Reign in commanding the Execution of the Laws established to preserve the true Religion of Almighty God in whose service consisteth the happiness of all Kings and Kingdoms Yet let it not displease your Majesty that we also express some sense of just Grief intermixed with that great Ioy to sée the careful procéedings of our sincere Intentions so misreported as to have wrought effects unexpected and we hope undeserved First touching the Charge against us in the matter concerning Mr. Cook We all sincerely protest That neither the words mentioned in your Maiesties Message nor any other of seditious effect were spoken by him as hath béen resolved by the House without one Negative voice Howsoever in a Spéech occasionally uttered he let fall some few words which might admit an ill construction whereat the House being displeased at the delivery of them as was expressed by a general and instant Check he forthwith so explained himself and his intention that for the present we did forbear to take them into consideration which since we have done And the effect thereof had before this appeared if by important businesses of your Maiesties service we had not béen interrupted The like interruption did also befall us in the Case of Doctor Turner wherein the Question being formerly stated a Resolution was ordered to have béen taken that very day on which we received your Maiesties command to attend you But for our own procéedings We humbly beséech your Maiesty to be truly informed That before that Overture from Doctor Turner out of our great and necessary care for your honor and welfare of your Realm We had taken into serious Consideration the Evils which now afflict your people and the Causes of them that we might apply our selves unto the fittest remedies In the pursuit whereof our Committées whatsoever they might have done have in no particular proceeded otherwise then either upon ground of knowledge in themselves or proof by examination of Witnesses or other Evidence In which course of service for the publick good as we have not swerved from the Parliamentary ways of our Predecessors so we conceive that the discovery and reforming of Errors is so far from laying an aspersion upon the present Time and Government that it is rather a great honor and happiness to both yielding matter to great Princes wherein to exercise and illustrate their noblest vertues And although the grievous Complaints of the Merchants from all parts together with the Common service of the Subiects well-affected to those who profess our Religion gave us occasion to debate some businesses that were partly Forein and had relation to affairs of State yet we beseech your Maiesty to rest assured it was exceeding far from our intention either to traduce your Counsellors or disadvantage your Negotiations And though some examples of great and potent Ministers of Princes heretofore questioned in Parliament have been alleadged yet was it without paralleling your Maiesties Government or Councils to any Times at all much less to Times of Exception Touching the Letter of Your Majesties Secretary it was first alleaged by your Advocate for his own Iustification and after by direction of the Committée produced to make good his Allegation And for the search at the Signet Office the Copy of a Letter being divulged as in your Majesties Name with pregnant cause of suspition both in the Body and Direction thereof to be supposititious the Committée out of desire to be cléered therein did by their Order send some of themselves to the Signet Office to search whither there were any Records of Letters of that nature without Warrant to the Officer for any much less for a general search But touching Publick Records we have not forborn as often as our businesses have required to make search into them wherein we have done nothing unwarranted by the Laws of your Realm and the constant usage of Parliaments And if for the ease of their Labors any of our Committées have desired the help of the Officers Repertories or Breviats of Direction We conceive it is no more then any Subject in his own affairs might have obtained for ordinary Fées Now concerning Your Majesties Servants and namely the Duke of Buckingham We humbly beséech Your Majesty to be informed by us your Faithful Commons who can have no private end but your Majesties Service and the good of
our Countrey That it hath béen the antient constant and undoubted Right and Usage of Parliaments to question and complain of all persons of what degree soever found grievous to the Commonwealth in abusing the power and trust committed to them by their Soveraign A course approved not onely by the examples in your Fathers days of famous memory but by frequent presidents in the best and most glorious Reigns of your Noble Progenitors appearing both in Records and Histories without which liberty in Parliament no private man no servant to a King perhaps no Counsellor without exposing himself to the hazard of great enmity and prejudice can be a means to call great Officers into question for their misdemeanors but the Commonwealth might languish under their pressures without Redress And whatsoever we shall do accordingly in this Parliament we doubt not but it shall redound to the Honor of the Crown and welfare of your Subjects Lastly We most humbly beseech Your Majesty gratiously to conceive that though it hath been the long Custom of Parliaments to handle the matter of Supply with the last of their businesses yet at this time out of extraordinary respect to your Person and care of your Affairs We have taken the same into more speedy consideration and most happily on the very day of your Majesties Inauguration with great alacrity and unanimous consent After a short Debate we grew to the Resolution for a present Supply well-known to your Maiesty To. which if Addition may be made of other great things for your Service yet in Consultation amongst us we doubt not but it will appear That we have not receded from the Truth of our first Intention so to supply you as may make you safe at home and feared abroad especially if your Maiesty shall be pleased to look upon the way intended in our promise as well as to the measure of the gift agreed With like humility we beseech your Majesty not to give ear to the officious reports of private persons for their own ends which hath occasioned so much loss of time nor to judge our proceedings whilst they are in agitation but to be pleased to expect the issue and conclusion of our labors which we are confident will manifest and justifie to your Majesty the sincerity and Loyalty of our hearts who shall ever place in a high degree of happiness the performing of that duty and service in Parliament which may most tend to your Majesties Honor and the good of your Kingdom Unto this Remonstrance the King said He could give no present answer but desired the House to adjourn for a week as the Lords had done and they adjourned accordingly In the interim it was intimated in Writing to the Duke that he should procure his Majesty to signifie to a certain number of Lords that he hath endeavored to divert the Charge against the Duke because his Majesty hath had sound knowledge and experience of his service and fidelity That his Majesty may let them know that he is now pleased to reveal some secrets and mysteries of State That the King his Father finding the Palatinate more then in danger to be lost and his Majesty being in Spain and there deluded and his abode and return both unsafe it was a necessity of State to sweeten and content the Spaniard with the hope of any thing which might satisfie and redeem those Engagements And that therefore the King willed the Duke to yield discreetly to what he should find they most desired and this was chiefly the point of Religion So as in this and all of the like kind the Duke upon his Majesties knowledge was commanded and but the Instrument trusted by the King in this Exigent or if you will say Extremity Upon the same ground though not in so high a degree the sending of the Ships to Rochel may be excused Touching the vast Creation of Nobility his Majesty may declare that his Father who was born a King and had long experience of that Regiment found that this State inclined much to popularity and therefore thought fit to enlarge the number of his Nobles that these being dispersed into several Counties might shine as Lamps of Soveraignty in protecting their own degrees and at their own chaâ—â—e inure the people with respect and obedience to greatness And the King may protest that this was a child of his Fathers best Judgment and the Duke the Instrument thereof And if you say there was money many times given for these Honors nay if you say that money hath been given for places of Clergy and Judicature take this of me it is so in all other Countreys as in France and Spain c. though I am not satisfied in this opinion And if it be said the King should have had the money which the Duke took to his own use I beleeve this last may the King say is more then any man can prove Neither will I deliver what I know therein onely this I will say I know the Dukes particular service and affection towards me and that he and his will lay down themselves and all they have at my feet Is it for a King to use his Servant and Instrument as he doth his Horses and being by hard riding in his service foundred and lame to turn them out to Grass or to the Cart I must therefore may the King say in right of the King my Fathers Honor protect a man though justly seeming guilty yet in my own knowledge innocent Will you therefore deny the King to favor whom he pleaseth which the King never denied to you that are his Subjects Well commend me to my Lords and tell them that if any thing hath been formerly done amiss by others I have power and will to redress it and to prevent the like At this time the King commanded all the Bishops to attend him and when they were come before him being fourteen in number he reprehended them that in this time of Parliament they had not made known unto him what might be profitable for the Church whose cause he was ready to promote And he laid this Charge upon them that in the Cause of Bristol and Buckingham their Consciences being their Guides they should follow onely proofs and not rumors The Commons sent again to the Duke by Sir Iohn Epsley to let him know that they were passing Articles against him and that they had given the Messengers leave to take Notes thereof out of the Clerks Book whereof he might take a Copy if he pleased and that they expected his Answer that day before ten of the Clock if he pleased to send any This the Duke signified to the Lords who did not think fit that he should answer as appears by the ensuing Report made by Sir Iohn Epsley This day his Grace gave us this Answer after he had moved the Lords that he should with great care make all due acknowledgment of your respect and favors in giving him this notice
then he desired their Lordships not to think it tedious for him to proceed and lay open his Case unto them which being granted he began as followeth HE said that he had the honor to serve the late King his Master of happy memory for the space of twenty years and a long time as a Counsellor and in seven Forein Ambassages In all which time in point of his Negotiation he had never received one check or rebuke until the return of the Duke of Buckingham out of Spain and therefore from thence he would begin his present Narration The very day that his Majesty departed from Spain he was pleased to tell him That he had no wayes offended him but did him the honor to trust him with the custody of the powers for his Marriage and after his return into England wrote unto him some Letters which did in no kinde express any distrust or displeasure against him About the same time he wrote unto his Majesty several Letters as in duty he was bound not for any earthly respect whatsoever to conceal from him the true state of his Affairs in which Letter he set down truly and honestly That he conceived that the distastes grown there betwixt the King of Spain and his Ministers and the Duke of Buckingham would disorder and utterly overthrow all his affairs if his wisdom prevented it not hinc illae lacrymae The Duke of Buckingham got a sight and knowledge of the Letters and fearing lest the Earl at his return should discover unto his said late Majesty his practises and misdemeanors in Spain he resolved That his access to the King was no wayes to be admitted and therefore labored and endeavored that he might be committed to the Tower presently upon his arrival and conceiving That the Lord Maquess Hamilton in regard of his Friendship with the Earl and the Alliance which was then intended between them might oppose this course he earnestly pressed him therein and moved him to deal with my Lord Chamberlain to the same purpose vowing That there was no hurt intended to the Earl but onely that he feared that if he should be admitted to the King he would cross and disturb the Course of Affairs but they were so honorable that neither of them would condescend thereunto and so that intention of his took no effect and therein the Earl desired my Lord Chamberlain that he would be pleased upon his Honor to deliver his knowledge This Design of the Duke not taking he fell upon other things indeed to have frightened the Earl out of his Country and honor and thereupon laid some great and sinister aspersions upon him in both Houses of Parliament thinking thereby to have terrified him that he should not return saying That if he kept not himself where he was and laid hold of those great offers which he heard were made unto him in Spain it would be worse with him Then the Earl of Bristol proceeded and said That the knowledge of these aspersions cast upon him in the Parliament came first unto him at Burdeaux in France where he was coming home at leisure in the company of his wife and family having formerly sent a Post of purpose to the Lord Conway to know if his speedy return would be any way useful to his Majesties service Who answered him That he might very well return at leisure with his family And in the mean time he was fallen upon by the Duke of Buckingham in Parliament in such sort as your Lordships well remember of whose Declaration he said he would boldly affirm unto their Lordships that there was scarce any one thing concerning him in it which was not contrary to or different from the truth From Burdeaux the Earl took Post making haste for that he hoped to clear his Honor in Parliament before it should break up and being arrived at Calis he sent over to have one of the Kings Ships for which there was publick Order given but although both wind and weather were as fair as could be and the Kings Ships lay at Boloign having carried over Count Mansfield and might every day within three hours have been with him yet the Ship came not in eight days expectance so that the Earl fearing the Parliament would be dissolved was enforced to pass the Sea in a Boat with six Oars as he did having with him Thirty or Forty thousand pounds of the Kings Jewels Upon his landing at Dover hoping that if his Arrest should have been deferred until his coming to London he might have gotten directly to the Kings presence which the Duke resolved was by no means to be admitted The Earl was there by a Letter of the Lord Conway's delivered unto him by a Servant of his in his Majesties name commanded to retire himself to his House and not to come to the Court or the Kings presence until he should have answered to certain Questions which his Majesty would appoint some of the Lords of the Council to ask him Hereupon he sent presently to his Majesty who sent him word That his restraint was neither for any ill meaning unto him nor that it should last long but was intended for his good to keep the Parliament from falling violently upon him And the same reason the Duke alleadged to some of his Friends and all those his troubles which have followed upon his first restraint have been procured by the Dukes Art under colour of Favor But the Earl having received his Message from the King became a most humble Suitor unto his Majesty that he would expose him to the Parliament for that if he had not served him honestly in all things he deserved no favor but to be proceeded against with all severity And in this particular he pressed the King as far as could stand with duty and good manners but received answer from his Majesty That there should but few more days pass before he would put an end to his affairs And about this time the Parliament was dissolved He still continued his sollicitation to be admitted to the Kings presence Who sent him word and confirmed it by oath That as soon as he should have answered the Questions which the Commissioners were to propound to him he would both see him and hear him and wondred that he should so much doubt thereof He then sollicited with all earnestness to have the Questions sent unto him which was promised should be within few days In the interim his Majesty being desirous that the business should have been accommodated sent secretly to him by a Gentleman who is ready to depose it this Message That he should write a fair Letter to the Duke and leave the rest to Him Hereupon the Duke sent a Gentleman one Mr. Clark with fair Propositions offering to procure him whatsoever he could reasonably pretend only he must not be admitted to the Kings presence for some time and that the Duke would have the disposing of his Vice-chamberlains Place having been therein formerly
his the said Ambassadors last return into Spain in the Summer An. 1622. To carry his Majesty then Prince into Spain to the end he might be informed and instructed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England From which misery this Kingdom next under Gods mercy hath by the wise religious and constant carriage of his Majesty been almost miraculously delivered considering the many bold and subtile attempts of the said Duke in that kind II. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his return framed as might serve for a ground to set on foot this Conspiracie The which was done accordingly and thereby the King and Prince highly abused and their Consents thereby first gotten to the said Journey that is to say after the return of the said Mr. Porter which was about the end of December or the beginning of Ianuary 1622. whereas the said Duke had plotted it many moneths before III. That the said Duke at his arrival in Spain nourished the Spanish Ministers not only in the belief of his own being Popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristols house and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore their Sacrament from time to time give the Spaniards hope of the Prince his Conversion The which Conversion he endeavored to procure by all means possible and thereby caused the Spanish Ministers to propound far worse Conditions for Religion then had been formerly by the Earl of Bristol and Sir Walter Aston setled and signed under their Majesties hands with a Clause in the King of Spain's Answer of Decemb. 12. 1622. That they held the Articles agreed upon sufficient and such as ought to induce the Pope to the granting of the Dispensation IV. That the Duke of Buckingham having several times in the presence of the Earl of Bristol moved and pressed his late Majesty at the instance of the Conde of Gondomar to write a Letter unto the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing of any such Letter that during the abode of the said Earl of Bristol in England the said Duke could not obtain it yet not long after the Earl was gone he procured such a Letter to be written from his late Majesty unto the Pope and to have him stiled Sanctissime Pater V. That the Pope being informed of the Duke of Buckingham's inclination and intention in point of Religion sent unto the said Duke a particular Bull in parchment for to perswade and encourage him in the perversion of his Majesty then Prince VI. That the said Dukes behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers as they would admit of no reconciliation nor further dealing with him Whereupon the said Duke seeing that the Match would be now to his disadvantage he endeavored to break it not for any service to the Kingdom nor dislike of the Match in it self nor for that he found as since he hath pretended that the Spaniards did not really intend the said Match but out of his particular ends and his indignation VII That after he intended to cross the Marriage he put in practice divers undue courses as namely making use of the Letters of his Majesty then Prince to his own ends and not to what they were intended as likewise concealing divers things of high importance from his late Majesty and thereby overthrew his Majesties purposes and advanced his own ends VIII That the said Duke as he had with his skill and artifices formerly abused their Majesties so to the same end he afterwards abused both Houses of Parliament by his sinister Relation of the carriage of Affairs as shall be made appear almost in every particular that he spake unto the said Houses IX As for scandal given by his personal behaviour as also the imploying of his power with the King of Spain for the procuring of Favors and Offices which he bestowed upon base and unworthy persons for the recompence and hire of his Lust These things as neither fit for the Earl of Bristol to speak nor indeed for the House to hear he leaveth to your Lordships wisdom how far you will be pleased to have them examined It having been indeed a great infamy and dishonor to this Nation that a Person of the Dukes great quality and imployments a Privy-Counsellor an Ambassador eminent in his Masters favor and solely trusted with the Person of the Prince should leave behind him in a Forein Court so much scandal as he did by his ill behaviour X. That the Duke hath been in great part the Cause of the ruine and misfortune of the Prince Palatine and his Estates in as much as those Affairs had relation unto this Kingdom XI That the Duke of Buckingham hath in his Relations to both Houses of Parliament wronged the Earl of Bristol in point of his Honor by many sinister aspersions which he hath laid upon him and in point of his Liberty by many undue Courses through his power and practices XII That the Earl of Bristol did reveal unto his late Majesty both by word and letter in what sort the said Duke had disserved him and abused his trust And that the King by several ways sent him word That he should rest assured he would hear the said Earl but that he should leave it to him to take his own time And thereupon few days before his sickness he sent the Earl word that he would hear him against the said Duke as well as he had heard the said Duke against him Which the Duke himself heard And not long after his blessed Majesty sickned and died having been in the interim much vexed and pressed by the said Duke Articles of the Earl of Bristol against the Lord Conway bearing Date 1 Maii 1626. I. THat the Lord Conway is so great a Servant of the Duke of Buckingham's that he hath not stuck to send the Earl of Bristol plain word That if businesses could not be accommodated betwixt him and the Duke he must then adhere and declare himself for the said Duke and therefore unfit to be a Judge in any thing that concerneth the Duke or the Earl II. That the said Lord Conway professeth himself to be a Secretary of the Duke of Buckingham's creation and so acknowledgeth it under his own hand And although that he be the Kings Secretary of State and a Privy-Counsellor he usually beginneth his Letters to the Duke Most gracious Patron III. That as a Creature of the said Dukes the said Lord Conway hath been made the Instrument of keeping the Earl of Bristol from the Kings presence and
the Articles of several High Treasons and other great and enormous Crimes Offences and Contempts supposed to be committed by him against our late Soveraign Lord King James of Blessed Memory deceased and our Soveraign Lord the Kings Majesty that now is wherewith the said Earl is charged by his Majesties Attorney-General on his Majesties behalf in the most High and Honorable Court of Parliament before the King and the Lords there And not acknowledging any the supposed Treasons Crimes Offences and Contempts wherewith he is charged in and by the said Articles to be true and saving to himself all advantages benefit and exception to the Incertainty and Insufficiency of the said Articles and of the several Charges in them contained And humbly praying that his Cause may not suffer for want of Legal form whereunto he hath not been used but may be judged according to such real and effectual Grounds and Proofs as may be accepted from an Ambassador the ground of the Charge growing thence and that he may have leave to explain himself and his own meaning in any thing that may seem of a doubtful Construction For Answer saith as followeth I. THe First Article he denieth and because the Matters contained in the said Article consist of several parts viz. The loss of the said Palatinate and the Match with the said Lady of Spain and of the several Employments as of one Extraordinary Ambassage to the Emperor and another to the King of Spain in the years 1621.22 and 23. He humbly craves leave of this most Honorable Court to separate the businesses and distinguish the times And beginning with the Palatinate first to give an account of his Ambassage to the Emperor and so to make as brief a Deduction as he could of the whole carriage in that business from the beginning of his employment to the time he left it in his Ambassage to the Emperor he propounded all things faithfully according to his Instructions and the Answers which he returned to his late Majesty of Blessed Memory were the very same and no other then such as were given by the Emperor under his Hand and Imperial Seal the which according to his duty he faithfully sent unto his said Majesty and withal did honestly and truly advertise his said Majesty what he understood and thought then upon the place but was so far from giving to his Majesty any ill-grounded hopes in that behalf that he wrote unto the Lords of the Council here in England from Vienna 26 Iuly 1624. in such sort as followeth I Am further to move your Lordships That there may be a Dispatch made presently into Spain to his Majesties Ambassador and Mr. Cottington that they deal effectually for the repairing and ripening of the business against my coming that they use some plain and direct Language letting the Ministers there know That the late Letter sent by the King of Spain to the Emperor was colder and more reserved then his Master had reason to expect I shall conclude with telling your Lordships That although I dispair not of good success in that knotty business yet I hope his Majesty and your Lordships lay not aside the care of all fitting preparations for a War in case a Peace cannot be honorably had And amongst other things I most earnestly commend unto your Lordships by your Lordships unto his Majesty the continuing yet abroad for some small time of Sir Robert Mansels Fleet upon the Coasts of Spain which in case his Majesty should be ill used will prove the best Argument we can use for the Restitution of the Palatinate And this his Advice he saith was wholly intended by his Actions by being the cause as he returned homeward out of Germany to bring down Count Mansfield whereby the Town of Frankendale was relieved by supplying of his Majesties Army then in great distress with Moneys and Plate to the value of 10000 l. meerly out of his zeal and affection to the good of the King and his Children having no Warrant or Order but that his heart was ever really bent in effects more then in shews to serve the Kings Son-in-law and his cause as by the discourse of this business will appear And how acceptable these Services were will more appear by the Letters of the Queen of Bohemia in these words following My Lord HAving understood from Heidelburgh how you have shewed your affection to the King and me in all things and in the help of Money you have lent our Soldiers I cannot let so great Obligation pass without giving many thanks for it by these lines since I have no other means to shew my gratefulness unto you Howsoever assure your self that I will never be forgetful of the Testimonies you give me of your love which I intreat you to continue in doing the King and me all good Offices you can to his Majesty You have been an eye-witness of the miserable estate our Countreys are in I intreat you therefore to solicite his Majesty for our help you having given me an assurance of your affection I intreat you now to shew it in helping of us by your good endeavors to his Majesty and you shall ever binde me to continue as I am already Your very affectionate Friend ELIZABETH Which Letters were seconded with others about the same time both from the King of Bohemia and Council of Heidelburgh to the same effect And how much satisfaction his late Majesty received in that behalf and touching that business will plainly appear several ways and particularly by his Speech in Parliament And the said Earl likewise appealeth to both Houses of Parliament to whom by his late Majesties Order he gave a just and true accompt of that employment with what true zeal he proceeded and how he pressed that single Treaty and Promises no longer be relied on but that a fitting preparation for War might go along hand in hand with any Treaty of Accommodation And for a conclusion among many of his late Majesties approbations of his carriage in this employment he humbly desireth that a Letter of the Duke of Buckinghams under his own hand bearing date the Eleventh of October 1621. may be produced being as followeth My Lord I Am exceeding glad that your Lordship hath carried your self so well in this employment that his Majesty is infinitely pleased for your Service you have done for which he commanded me to give your Lordship thanks in his Name until he see you himself You of all men have cause to commend his Majesties choice of such a man that unless your heart had gone with the business you could never have brought it to so good a pass Amongst other things his Majesty liketh very well the care of clearing his Honor whereof he will advise further with your Lordship at your next coming over I hope you will not finde your Negotiation with the Infanta of such difficulty as you seem to fear in your Letter seeing my Brother Edward hath brought with him a Letter
from his Majesties Son in Law whereby he putteth himself solely to his Majesties advice and pleasure for his Submission as you will perceive by the Copy of the Letter it self which I here send your Lordship wherein though there be many things impertinent yet of that point you may make good use for the accomplishment of the business wherein I have written to the Spanish Ambassador to use his Means and Credit likewise which I assure my self he will effectually do especially seeing the impediments are taken away by Count Mansfields Composition and the Conformity of his Majesties Son in Law to this Submission For the Money your Lordship hath so seasonably laid forth his Majesty will see you shall sustain no loss holding it very unconscionable you should suffer by the care of his Service which you have shewed so much to his contentment to the great joy of your Lordships faithful Servant Geo. Buckingham Having given this Accompt of his employment with the Emperor he humbly craveth leave to make it known in what sort before this his employment he endeavored to serve the Prince Palatine and his Cause which will best appear by his Majesties own Testimony upon the going of Sir Francis Nethersole to the Prince Palatine at which time his Majesty being out of his Royal and just heart desirous to do a faithful Servant right commanded Sir Francis Nethersole to let the Prince Palatine understand how good a Servant the said Earl had been unto him and how Active in his Affairs as will best appear by a Dispatch of Sir Francis Nethersole written all with his own hand to Sir George Calvert dated in Prague August 11. 1620 and sent by his late Majesty to the said Earl for his comfort being as followeth Right Honorable THat you may be the better assured that I have neither forgotten nor neglected the Commandments received from his Majesty by your Honor you will be pleased to have the patience to hear me report what I said to this King upon the delivery of my Lord Deputies Letters to his Majesty which was That the King my Master whose Iustice is so renowned over the World did use to shew it in nothing more then in vindicating his Servants from wrongfull Opinions whereof he knew noble hearts more sensible then of Injuries done to their Persons or Fortunes That out of his Royal Disposition his Majesty having found my Lord Digby mistaken by some of his own people at home by occasion of his being by him employed in the Affairs with Spain having thereupon conceived a jealousie that the same noble Lord might be also misreported hitherto his Majesties hands in that respect gave me a particular commandment to assure his Majesty he had not a more truly affectionate Servant in England And for proof thereof to let his Majesty understand That whereas the Baron of Doncaster now his Majesties Ambassador for England had since his coming hither obtained but three great Boons for his Majesties service viz. The Loan of Money from the King of Denmark the Contribution in England of the City and Countries and the sending Ambassadors to the contrary parties that my Lord Digby had been the first propounder of all those to the King my Master before his Majesties Ambassador or any other of his servants in England although his Lordship were contented that others who were but set on should carry away the thanks and prayers because his Lordship being known to be the first mover therein might possibly weaken the credit he hath in Spain and to render himself the more valuable to serve both his own Master and his Majesty in which respect I humbly prayed his Majesty to keep this to himself By which testimony it may appear as the said Earl conceiveth how he the said Earl bestowed himself before his Ambassage and in his said Ambassage with his said late Majesties approbation thereof Now he humbly craveth leave to give your Lordships accompt how he proceeded after his return from the Emperors Court Assoon as he came into England he discovered unto his Majesty and the Lords of the Councel in what great wants he had left the Forces in the Palatinate and sollicited the present sending away of money thereupon Thirty thousand pound was borrowed of Sir Peter Vanlore Sir Baptist Hicks and Sir William Cortine and presently sent unto the Palatinate besides the Ten thousand pounds which he lent for which he paid the interest out of his Purse for six moneths having also given not long before Five hundred pounds by way of benevolence to the service of the said Palatinate Now in the interim betwixt his return from the English Coasts which was in November 1621 and his going into Spain in May 1622 he first gave his Accompt as aforesaid of his Ambassage to both Houses of Parliament and moved them as effectually as was possible for the supplying of his Majesty and that the money might wholly be imployed for the Succor of the Palatinate The Parliament being dissolved he sollicited with great care and industry the setling of some Course for the supplying of the Palatinate and his Majesty was perswaded to maintain Eight thousand Foot and Sixteen hundred Horse under his own Standard and at his own purse in the Palatinate to establish a certain course for due payment of the said Army The Lord Chichester was upon the said Earls motion sent for out of Ireland and the said Earl by his Majesties command took order for his Dispatch In this estate the said Earl left his Affairs at his departure towards Spain in May 1622 nothing doubting but that all things would have effectually constantly been pursued according to the order which was setled and resolved on at his departure At his arrival at the Court of Spain he presently proceeded according to his Instructions pressing the business of the Palatinate as effectually as he could and faithfully labored and effected from time to time as far as to the point of Negotiation all particulars that were given him in charge as it will appear by his late Majesties Letters upon every particular occasion and if by the accidents of War for that Summer the Marquess of Baden the Count Mansfield and the Duke of Brunswick received each of them an overthrow the ordering of whose Affairs his Majesty so far complained of to his Son-in-law as to give order for the withdrawing of his Forces as will appear by his Majesties Letters on the third of Iune 1622 and also by his Letters unto Sir Horace Vere and the Lord of Chichester of the same date if there were not a speedy redress if by any of those accidents those businesses have miscarried the said Earl hopes he shall not be liable to the blame it having no relation to him or to his imployment having so far and so honestly with his best affections imployed his care and utmost services in the businesses as his Majesty was pleased by many several Letters upon several Actions to signifie
probability that the said Treaties would or could have good success he should acknowledge as much and yet said he cared not what the success thereof might be but that he would take care to have his Instructions perfect and to pursue them punctually and would make his Fortune thereby or words to that effect he doth not ever remember to have held such discourse Though it be true the time hath been many years since when he thought the Match very unlike to be effected in regard unequal Answers were given in Prince Henries days and of the unlikelihood of accommodating the differences of Religion And saith further That the reviving of the Treaty of the said Match for his Majesty that now is was not by his means for he ever declared his opinion clearly both to his late Majesty and to his Majesty that now is That in the first place he wished and advised a Protestant Match but in the duty of a Servant understanding that both their Majesties desired the Match really with Spain he did really and faithfully intend the service and honor of their Majesties and effectually endeavored to procure their ends And it is very likely he might say he would get his Instructions perfect and pursue them punctually as he conceiveth was lawful and fit for him but the latter part of this Conference that he should say he would make his fortune by it or any other words to that effect he was in Anno 1621. and ever since of that rank and quality both in regard of his Imployments Fortunes and his Majesties favors that he assureth himself he did not and dares Answer so far for his discretion That it was impossible for him to hold so mean and unworthy discourse V. To the Fifth Article he saith That what is therein alleaged is so far from being so that contrarily upon all occasions to the uttermost of his power he did labor to prevent all the inconveniences in point of Religion that might come by matching with a Princess of a different Religion as well appeareth by the Paper of his opinion that his Majesty should marry with a Lady of his own Religion hereafter mentioned in his Answer to the Seventh Article And for further proof thereof he saith That in the whole Treaty with Spain he stood more strict in points of Religion then by his Instructions he needed to have done as will appear by the Testimony of Sir Walter Aston and his Dispatches of the Twelfth of December 1622. and other Dispatches which he desireth may be read And as for concealing or perswading to set at liberty the Priests or Jesuits he utterly denieth to have done any such thing as before he hath answered Although it be true that the Ambassage in Spain be far different from the employment in other places where there is a Body of our Reformed Religion and whereby his Majesty hath Kinred and Allies whereby his Majesties Ministers may be informed of the necessary Occurrents of State without the helps of Priests or Jesuites But in Spain there being none but Roman Catholicks nor any manner of correspondency or intelligence but by them the Ambassadors must make use of all sorts of people especially of Jesuites and Priests and to that end Ambassadors sent thither have a large and particular Warrant under the Kings hand to treat and make use of Priests and Jesuites and all other sorts of men unless it be such as are proclaimed Rebels And divers times the Ministers employed in Spain to gratifie some whom there they employed for the Kings service have as he believeth at their partiticular Suit moved his Majesty to extend Grace and Favor to some parcular Friend and Kinsman of his being a Roman Catholick and imprisoned in England and that he remembreth to have hapned to others but doth not remember himself to have written to his late Majesty in that kinde And as concerning his advice and counsel to set at liberty Jesuites and Priests and the granting to the Papists a Toleration or the silencing of the Laws against them he said that his late Majesty was engaged by the Treaty of Madrid 1617. in divers matters concerning Religion likewise by promise to Conde Gondomar and his Letters to the King of Spain 17 April 1620. wherein he is pleased to promise some particulars in favor of Roman Catholicks as by the said Letters will appear And notwithstanding the said Earl had sufficient Warrant under the Kings own hand to assure the King of Spain whatsoever was agreed in the said Article or in the said Letters his Majesty would sincerely perform yet the said Earl was so cautious in that point that when for the conclusion of the Match the other Articles of Religion being allowed it was pressed by the Spanish Ministers that a Clause of Convenience might be inserted with Protestation That the form and way thereof should be wholly left to his Majesties wisdom and clemency and that his Majesties Roman Catholick-Subjects should acknowledge this Grace to have come from the Kings Majesties mercy and goodness Yet the said Earl would not condescend hereunto De bene esse as by his Letters to Master Secretary Calvert 8 October 1622. will appear hereby to give his Majesty time to have recourse unto his second Consultation and to take it into consideration before he would engage or binde himself in this point But his late Majesty and his Majesty that now is were pleased to condiscend hereunto by signing the said Articles with their own hands and likewise by writing their private Letters of the Eight of Ianuary 1622. to that effect to the King of Spain as by the said Letters will appear Neither did the said Earl by Letters or otherwise ever counsel or perswade his late Majesty to grant or allow unto the Papists or Professors of the Roman Religion a free Toleration and Silencing of the Laws made and standing in force against them but ever protested against any such Toleration and when any such Provision hath been offered to be made in Spain he ever refused so much as to give ear to it or to suffer it to be propounded although it be true that he hath since seen a Paper touching Pardons Suspensions and Dispensations for the Roman Catholicks bearing date the Seventh of August 1623. signed by the Lord Conway and others which in effect is little less then a Toleration which Paper is that which followeth Salisbury 7 August 1623. The Declaration touching the Pardons Suspensions and Dispensations of the Roman Catholicks FOr the satisfaction of their Excellencies the Marquess of Ynojosa and Don Carlos de Colonia the Lord Ambassadors for the King of Spain and to the end it may appear that his Majesty of Great Britain will presently and really put in execution the Grace promised and intended to the Roman Catholicks his Majesties Subjects and of his own Grace more then he is tyed to by the Articles of Treaty of Marriage We do declare in his Majesties Name That
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
but look upon it and for want of Perspectives commend the nearer examination to your Lordships who may behold it at a nearer distance Such a prodigious Comet the Commons take this Duke of Buckingham to be against whom and his irregular ways there are by learned Gentlemen legal Articles of Charge to be delivered to your Lordships which I am generally first commanded to lay open 1. The Offices of this Kingdom that are the Eyes the Ears and the Hands of this Commonwealth these have been ingrossed bought and sold and many of the greatest of them holden even in the Dukes own hands which severally gave in former ages sufficient content to greatest Favorites and were work enough for wisest Counsellors by means whereof what strange abuses what infinite neglects have followed The Seas have been unguarded Trade disturbed Merchants oppressed their Ships and even one of the Royal Navy by cunning practice delivered over into Foreign hands and contrary to our good Kings intention employed to the prejudice almost to the ruine of Friends of our own Religion 2. Next Honors those most pretious Jewels of the Crown a Treasure inestimable wherewith your Noble Ancestors my Lords were well rewarded for eminent and publick Service in the Common-wealth at home for brave exploits abroad when covered all with dust and blood they sweat in service for the honor of this Crown What back-ways what by-ways have been by this Duke found out is too well known to your Lordships whereas antiently it was the honor of England as among the Romans the way to the Temple of Honor was through the Temple of Vertue But I am commanded to press this no further then to let your Lordships know one instance may perhaps be given of some one Lord compelled to purchase Honor 3. As divers of the Dukes poor Kinred have been raised to great honors which have been and are likely to be more chargeable and burthensome to the Crown so the Lands and Revenews and the Treasuries of his Majesty have been intercepted and exhausted by this Duke and his Friends and strangely mis-employed with strange confusion of the Accounts and overthrow of the well established antient Orders of his Majesties Exchequer 4. The last of the Charges which are prepared will be an injury offered to the person of the late King of Blessed memory who is with God of which as your Lordships may have heard heretofore you shall anon have further information Now upon this occasion I am commanded by the Commons to take care of the honor of the King our Soveraign that lives long may he live to our comfort and the good of the Christian World and also of his Blessed Father who is dead on whom to the grief of the Commons and their great distaste the Lord Duke did they conceive unworthily cast some ill odor of his own foul ways whereas Servants were antiently wont to bear as in truth they ought their Masters faults and not cast their own on them undeservedly It is well known the King who is with God had the same power and the same wisdom before he knew this Duke yea and the same affections too through which as a good and gratious Master he advanced and raised some Stars of your Lordships Firmament in whose hands this exorbitancy of will this transcendency of power such placing and displacing of Officers such irregular runing into all by-courses of the Planets such sole and single managing of the great Affairs of State was never heard of And therefore onely to the Lord Duke and his procurement by mis-informations these faults complained of by the Commons are to be imputed And for our most Gratious Soveraign that lives whose name hath been used and may perhaps now be for the Dukes justification the Commons know well That among his Majesties most Royal Virtues his Piety unto his Father hath made him a pious nourisher of his Affections ever to the Lord Duke on whom out of that consideration his Majesty hath wrought a kinde of wonder making Favor Hereditary but the abuse thereof must be the Lord Dukes own And if there have been any Commands such as were or may be pretended his mis-informations have procured them whereas the Laws of England teach us That Kings cannot command ill or unlawful things when ever they speak though by their Letters Patents or their Seals If the things be evil these Letters Patents are void and whatsoever ill event succeeds the Executioners of such Commands must ever answer for them Thus my Lords in performance of my duty my weakness hath been troublesome unto your Lordships it is now high time humbly to entreat your pardon and give way to a learned Gentleman to begin a more particular charge Then were read the First Second and Third Articles viz. 1. THat whereas the great Offices expressed in the said Dukes Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employed by the Royal Progenitors of our Soveraign Lord the King in places of less Dignity were much encouraged with the hopes of advancement And whereas divers of the said places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able person He the said Duke being yong and unexperienced hath of late years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them II. Whereas by the Laws and Statutes of this Kingdom of England if any person whatsoever give or pay any sum of Money Fee or Reward directly or indirectly for any Office or Offices which in any-wise touch or concern the Administration or Execution of Justice or the keeping of any of the Kings Majesties Towns Castles or Fortresses being used occupied or appointed for places of strength and defence the same person is immediately upon the same Fee Money or Reward given or paid to be adjudged a disabled person in the Law to all intents and purposes to have occupy or enjoy the said Office or Offices for the which he so giveth or payeth any sum of Money Fee or Reward He the said Duke did in or about the Moneth of Ianuary in the Sixteenth year of the late King Iames of Famous memory give and pay to the Right Honorable Charles then Earl of Nottingham for the Office of Great Admiral of England and Ireland and the Principality of
and broken the said Trust therewith committed unto him And hath not according to his said Offices during the time aforesaid safely kept the said Seas insomuch that by reason of his neglect and default therein not onely the trade and strength of this Kingdom of England hath been during the said time much decayed but the same Seas also have been during the same time ignominiously infested by Pirates and Enemies to the loss both of very many Ships and Goods and of many of the Subjects of our Soveraign Lord the King and the Dominion of the said Seas being the antient and undoubted Patrimony of the Kings of England is thereby also in most eminent danger to be utterly lost V. Whereas about Michaelmas last past a Ship called the St Peter of Newhaven whereof Iohn Mallerow was Master laden with divers Goods Merchandise Monies Jewels and Commodities to the value of Forty thousand pounds or thereabouts for the proper accompt of Monsieur de Villieurs the then Governor of Newhaven and other Subjects of the French King being in perfect Amity and League with our Soveraign Lord the King was taken at Sea by some of the Ships of his Majesties late Fleet set forth under the command of the said Duke as well by direction from him the said Duke as great Admiral of England as by the Authority of the extraordinary Commission which he then had for the command of the said Fleet and was by them together with her said goods and lading brought into the Port at Plymouth as a prize among many others upon probabilities that the said Ship or Goods belonged to the Subjects of the King of Spain And that divers parcels of the said goods and lading were there taken out of the said Ship of St Peter that is to say Sixteen Barrels of Cocheneal Eight Bags of Gold Twenty three Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold Jewels Monies and Commodities to the value of Twenty thousand pounds or thereabouts and by the said Duke were delivered into the private custody of one Gabriel Marsh servant to the said Duke and that the said Ship with the residue of her goods and lading was from thence sent up into the River of Thames and there detained whereupon there was an arrest at Newhaven in the Kingdom of France on the seventh day of December last of two English Merchants Ships trading thither as was alleadged in certain Petitions exhibited by some English Merchants trading into France to the Lords and others of his Majesties most honorable Privy-Council after which that is to say on the 28 day of the said moneth his Majesty was pleased to order with the advice of his Privy-Council that the said Ship and Goods belonging to the Sucjects of the French King should be redelivered to such as should re-claim them and accordingly intimation was given unto his Majesties Advocate in the chief Court of Admiralty by the right honorable Sir Io. Cook Knight one of his Majesties principal Secretaries of State for the freeing and discharging of the said Ship and Goods in the said Court of Admiralty And afterwards that is to say on the Six and twentieth of Ianuary last it was decreed in the said Court by the Judge thereof with the consent of the said Advocate That the said Ship with whatsoever Goods so seised or taken in her Except Three hundred Mexico Hides Sixteen Sacks of Ginger one Box of gilded Beads Five Sacks of Ginger more mentioned in the said Decree should be clearly released from further detention and delivered to the Master and thereupon under Seal a Commission was in that behalf duty sent out of the said Court to Sir Allen Appesly Sir Iohn Worstenholme and others for the due execution thereof The said Duke notwithstanding the said Order Commission and Decree detained still to his own use the said Gold Silver Pearls Emeralds Jewels Monies and Commodities so taken out of the said Ship as aforesaid And for his own singular avail and covetousness on the sixth day of February last having no information of any new proof without any legal proceeding by colour of his said Office unjustly caused the said ship and goods to be again arrested and detained in publick violation and contempt of the Laws and Justice of this Land to the great disturbance of Trade and prejudice of the Merchants These were enlarged by Mr Selden who said That by nature of his Office the Duke as Admiral ought to have guarded the Seas By his Patent he is made Magnus Admirallus Angliae Hiberniae Walliae Normaniae Aquitaniae Villae Calesij Marchiarum ejusdem praefectus generalis classium Marium dictorum regnorum The Seas of England and Ireland are committed to the Admiral as a part of the Demesne and Possessions of the Crown of England not as if he should thereby have Jurisdiction onely as in case of the Admirals in France or Spain The State of Genoa Catalonia and other Maritine parts of Spain the Sea-Towns of Almain Zeland Holland Friezland Denmark Norway and divers other parts of the Empire shew That the Kings of England by reason that their said Realm hath used time out of minde to be in peaceable possession are Lords of the Seas of England and of the Islands belonging to them And though Grotius that Hollander wrote of purpose to destroy all Dominion in the East-Ocean yet he speaks nothing against the Dominion of our English Seas howsoever he hath been misapprehended but expressly elsewhere saith Meta Britanicis littora sunt oris the utmost limits of the Demesne of the Crown of England are the Shores of the neighbouring Countries the whole Sea or the Territorium maximum that intervenes being parcel of the possession of the Crown the keeping and safe-guard of these committed to the Lord Admiral by the name of the Praefectus Marium Admirallus being but the same anciently Before the use of the word Admiral came in which was under Edw. 1. the Admirals had the Titles of Custodes Maris And this Praefectura or Custodia or Office of safe-guarding the Seas binds him to all care and perpetual observance of whatsoever conduceth to that safe-guard as in Custos sigilli Custos Marchiarum Custos portium custos comitatuum agreeable to the practice of former times 1. In certifying yearly to the King and his Council the many Forces both of the Kings ships and ships of Merchants the names of the owners the number of Marriners c. That the King and his Council may always know his force by Sea 2. In shewing wants of ships c. for the safe-guarding of the Seas with the Estimates of the Supply that so they might be procured In personal attendance upon the service of guarding the Seas upon all occasions of weight In 7 H. 4. Nich. Blackborn and Rich. Cliderowe one of the Knights of Kent were made Admirals for keeping the Seas upon consideration had of it in Parliament and
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
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
MY Lords said he In this great business of Impeachment against the Duke of Buckingham I am commanded by the Commons in Parliament to bear a part of some importance The Articles allotted to my Charge are three the Sixth Seventh and Eighth which I shall open with as much brevity and perspicuity as I may The substance of several Cases concerning the same The Evidence to make them good together with such Observations as naturally arise out of the matter whereby your Lordships may the better discern wherein the Dukes faults do consist and what punishment may be answerable to such offences The Sixth Article is a distinct Charge different from the other two wherefore I will handle it with the Incidents thereof by it self The Seventh and Eighth Articles being of one nature and subject are indeed several parts of one Charge rather then several Charges and have such a connexion in themselves that with your Lordships leaves I will handle them both together without dividing them which I hold will be the shortest and fittest way to do right to the Cause and to your Lordships The Sixth Article giveth me occasion my Lords thus to enlarge my self In a Treaty the 18. of August 1604. between our late Soveraign King Iames of glorious memory and Philip the Third King of Spain It was agreed That there should be perfect Amity and Peace to endure for ever by Land Sea and Fresh-waters between these Kings their Heirs and Successors their Dominions Liege-men and Subjects then being or which should be And that either party should then after abstain from all depradations offences and spoils by Sea Land and Fresh-waters in what Dominions or Government soever of the other and should cause restitution to be made of all depradations which then after should be comitted and the damages growing by means thereof And that the said Kings shall take care that their Subjects should from thenceforth abstain from all force and wrong-doing and that they likewise should revoke all Commissions and Letters-Patents of Reprisal or Mart or otherwise containing Licence to take Prizes All which are declared by the said Treaty it self to be void and that whosoever should do any thing contrary should be punished not only criminally according to the merit of his offence but should also be compelled to make restitution and satisfaction for the losses to the parties damnified requiring the same Lastly it was concluded That between them and every of their Subjects might be free Commerce in all the Dominions by Sea Land and Fresh-waters in which before the Wars there hath been Commerce and according to the use and observance of the antient Leagues and Treaties before the Wars the Customs as they were at that present rated according to the Ordinance of the Places being paid This Treaty being setled and continuing his late Majesty King Iames by his Highness Letters-Patents bearing date the 14. of September An. 13. of his Reign did grant unto the Governors of the Merchants of London trading into the East-Indies and to their Successors in case they be justly provoked or driven thereunto in defence of their persons goods or ships by any disturbance or hinderance in their quiet Course of Trade or for recompence or recovery of the persons ships or goods of any of his Majesties Subjects that had been formerly in or neer the East-Indies or for any other just cause of their defence or recompence of losses sustained That then the Captains or principal Commanders of the said Company or any other under their government should or might attempt surprise or take the persons ships and goods of any Prince or State by whose Subjects they should sustain any wrong or loss in manner as aforesaid as by the said Letters-Patents appeareth Some years after the granting of these Letters-Patents under pretext that the said Treaty was broken there was some interruption and violence offered by the King of Spain's Subjects in the Ports of East-India to the Merchants of the East-India Company trading into those parts whereby they were much damnified and thereupon suspecting that it might be in vain to complain for redress in an ordinary course of Justice in the East-India or in default thereof to return into Spain to make complaint to that purpose where nothing was likely to be done till they had sent from thence again into the East-Indies and received an answer And after all this upon denial of Justice in Spain to come into this Kingdom for Letters of Request without which in ordinary course they should not use Reprisal and many years would be spent before they could come to have an end of these suits It is true that thereupon partly in their defence and partly for amends and partly for revenge they did by pretext of the said Letters-Patents take some goods of the Portugals in the East-Indies Subjects to the King of Spain and afterwards being commanded by the King of Persia to transport certain Forces of his in Ormus an Island situate in the Country of Persia some goods of Portugals subjects to the King of Spain were there taken by Captain Blith and Captain Wedel and others of their Company being servants and in pay under the East-India Company In Iuly 1623. Two ships called the Lyon and the Ionas being part of a Fleet belonging to the said Company returned from Ormus aforesaid out of an East-Indian Voyage and arrived in the Downs richly laden with goods and merchandise lawfully belonging to the said Company and estimated to the value of One hundred thousand pounds The Duke of Buckingham in or about October 1623. being advertised thereof well knowing the Company to be rich and apprehending in himself a probable ground how he might exact and extort some great sum of money from the said Company out of the profit of these ships and their lading by colour of his Office of Lord Admiral of England and out of his power and greatness his Office being used for a groundwork of his design therein did thereupon pretend that the lading of the said ships was for the most part with goods Pyratically taken at Sea in the parts about Ormus aforesaid and that a Tenth part or some other great share thereof did belong to him in the right of his said Office of Lord Great Admiral of England and by vertue of his Letters-Patents and Grant from his late Majesty in that behalf alleadging withall howsoever the said Company might peradventure answer the matter yet there would and might be strong opposition against them These words were used to possess them with fear and to make them stand in awe of his power when he should come afterwards particularly to press them to yield to his unjust demands Having once resolved of his ends which was to get money he thus proceeded to effect the same In the moneths of November December January and February then next following he had divers times Treaties by himself and his Agents with the the then Governor and others of the
complained of and what punishment it may deserve His fault consisteth in the unjust extorting and receiving the Ten thousand pounds from the East-India Company against their wills by colour of his Office Yet as offenders in this kinde have commonly some colour to disguise and mask their Corruptions so had he His colour was the Release of his pretended right to the Tenth part or some other share of the Goods supposed to be Piratically taken at Sea by the Captain and their Servants of the Company And though his Lordship may perhaps call his act therein a lawful Composition I must crave pardon of your Lordships to say thus That if his supposed right had been good this might peradventure have been a fair Composition The same pretence being unsound and falling away it was a meer naked Bribe and unjust extortion For if way should be given to take money by colour of Releases of pretended rights men great in power and in evil would never want means to extort upon the meaner sort at their pleasures with impunity It remains therefore that I should prove unto your Lordships onely two things First That a pretence of right by the Duke if he had none will not excuse him in this case and in the next place to shew by reason and good warrant That he had in Law no right at all to Release For the former I will relie upon the substance of two noteable presidents of Judgments in Parliament the one antient in the 10 Rich. 2. At which time the Commons preferred divers Articles unto the Lords in Parliament against Michael de la Pool Earl of Suffolk Lord Chancellor of England accusing him amongst other things by the first Article of his Charge That while he was Lord Chancellor he had refused to give Livery to the cheif Master of St. Anthonies of the profit pertaining to that Order till he had security from them with Sureties by Recognisance of Three thousand pounds for the payment of One hundred pounds per annum to the Earl and to Iohn his Son for their lives The Earl by way of Answer set forth a pretended Title in his Son to the cheif Mastership of that Order and that he took that One hundred pound per annum as a Composition for his Sons right The Commons replied shewing amongst other things That the taking of Money for that which should have been done freely was a selling of the Law and so prayed Judgment In conclusion the pretended right of his Son not being just or approved the offence remained single by it self a sale of Law and Justice as the Law termeth it and not a Composition for the Release of his Interest So the Earl for this amongst the rest was sentenced and greatly punished as by the Records appeareth The other President of like nature is more Modern in the Case of the Earl of Middlesex late Lord Treasurer of England who was charged by the Commons in Parliament and transmitted to your Lordships for taking of Five hundred pounds of the Farmers of the Great Customs as a Bribe for allowing of that Security for payment of their Rent to the late Kings Majesty which without such reward of Five hundred pounds he had formerly refused to allow of The Earl pretended for himself That he had not onely that Five hundred pound but Five hundred pounds more in all One thousand pounds of those Farmers for a Release of his Claim to Four of Two and thirty parts of that Farm But upon the proof it appearing to your Lordships That he had not any such part of that Farm as he pretended it was in the Thirteenth day of May in the Two and twentieth year of his late Majesties reign Adjudged by your Lordships in Parliament which I think is yet fresh in your Memories That the Earl for this amongst other things should undergo many grievous Censures as appeareth by the Records of your Lordships house which I have lately seen and perused And now being to prove that the said Duke had no title to any part of the Goods by him claimed against the East-India Company I shall easily make it manifest if his Lordships pretence by his own Allegation in the Admiralty were true That the Goods whereof he claims his share were Piratically taken From which Allegation as he may not now recede so is it clear by Reason and Authority That of such Goods no part or share whatsoever is due to the Lord Admiral in right of his Office or otherways 1. For that the parties from whom the same were taken ought to have restitution demanding it in due and reasonable time and it were an injury to the intercourse and Law of Nations if the contrary should be any way tolerated 2. Secondly by Law for so are the Statutes of this Kingdom and more especially in 27 Edw. 3.13 whereby it was provided That if any Merchant privy or stranger be robbed of his Goods upon the Sea and the same come afterwards into this Realm the owner shall be received to prove such Goods to be his and upon proof thereof shall have the same restored to him again Likewise 1 2 3 Edw. 6.18 in the Act of Parliament touching Sir Thomas Seymour Great Admiral of England who therein amongst divers other things is charged with this That he had taken to his own use Goods Piratically taken against the Law whereby he moved almost all Christian Princes to conceive a grudge and displeasure and by open War to seek remedy by their own hands And therefore for this amongst other things he was attainted of High Treason as appeareth by that Act wherein the Law is so declared to be as before is expressed But if it should be admitted that the Duke had a right in this case for which he might compound yet the manner of his seeking to try and recover such his right is in it self an high Offence and clearly unlawful in many respects whereof I will touch but a few As in making the most Honorable House of Parliament an Instrument to effect his private ends for his profit In proceeding to arest and stay the Ships of men not apt to flie but well able to answer and satisfie any just Suits which he might have against them though their Ships had gone on in their Voyage In prosecuting things so unseasonably and urging them so extreamly by his Advocate for bringing in of so great a sum of money upon the sudden and formally under colour of Justice and Service of the State In reducing that Company into that straight and necessity that it was as good for them to compound though the Duke had no title as to defend their own just right against him upon these disadvantages which by his power and industry he had put upon them Then he read the Seventh and Eighth Articles which he handled joyntly as being not two Charges but two sevearl parts of one and the same Charge and when he had read them he went on speaking further to
their Lordships as followeth YOur Lordships may have observed how in handling the former Articles I have in my Discourse used the method of time which I hold to be best for the discovery of the truth I shall therefore by your Lordships patience whereof now I have had some good experience use the like order in my enlargment upon these later Articles touching which that which I have to say is thus In or about the Two and twentieth year of the reign of our late dear Soveraign Lord King Iames of famous memory there being then a Treaty between our said late Soveraign and the French King for a Marriage to be had between our then most Noble Prince now our most gratious King and the French Kings Sister our now Queen and for entring into an Active War against the King of Spain and his Allies in Italy and the Valtoline Our said late Soveraign passed some promise to the French Kings Ambassador here the Marquess D' Effiat for procuring or lending some Ships to be employed by the French in that Service upon reasonable conditions but without thought or intent that they should be employed against the Rochellers or any others of our Religion in France For it was pretended by the French Kings Ministers to our King That the said Ships should be employed particularly against Genoa and not otherwise But afterwards some matter of Suspition breaking forth from those of our Religion in France that the Design for Italy was but a pretence to make the Body of an Army fall upon the Rochellers or other of our Religion in that Kingdom the King grew so cautious in his Conditions that as he would perform his promise to lend his Ships so to preserve those of our Religion he contracted or gave directions that the greater part of the Men in the same Ships should be English whereby the power of them should be ever in his hands And the Duke of Buckingham then and yet Lord Great Admiral of England well knowing all this to be true pretended he was and would be very careful and proceed with art to keep the said Ships in the hands of our King and upon our own Coasts and yet nevertheless under hand he unduly intended practised and endeavored the contrary For afterwards by his direction or procurement in or about the Two and twentieth year aforesaid a Ship of his Majesties called the Vantguard being of his Majesties Royal Navy was allotted and appointed to be made ready for the service of the French King and seven other Merchants Ships of great burthen and strength belonging to several persons Natural Subjects of our said late Soveraign Lord were by the Dukes direction impressed as for the service of his said late Majesty and willed to make themselves ready accordingly The Names and Tunage of the said Seven Merchants Ships were as followeth 1. The Great Neptune whereof Sir Ferdinando Gorge was Captain 2. The Industry of the burthen of Four hundred and fifty Tuns whereof Iames Moyer was Captain 3. The Pearl of Five and forty Tuns Anthony Tench was Captain 4. The Marigold of Three hundred Tuns Thomas Davies Captain 5. The Loyalty of Three hundred Tuns Iasper Dare Captain 6. The Peter and Iohn of Three hundred and fifty Tuns Iohn Davies Captain 7. The Gift of God of Three hundred Tuns Henry Lewen Captain Also about the same time a Contract was made by and between Sir Iohn Cooke and other the Commissioners of his Majesties Navy as on behalf of his Majesty for his said Ship the Vantguard and on behalf of the Captains Masters and Owners of the said Seven Merchants Ships but without their privity or direction for the service of the French King upon conditions to be safe and reasonable for our King this Realm and State as also for the said Captains Masters and Owners of the said seven Merchants Ships and for the Companies For Sir Iohn Cooke drew the Instructions for the Direction of the said Contract which Instructions passed and were allowed by the King and such of the Council as were made acquainted therewith and used in this business In which Instructions as Sir Iohn Cooke hath since alleaged in the House of Commons there was care taken for provision to be made that the said Ship of his Majesty called Vantguard should not serve against the City or Inhabitants of Rochel or those of the Religion in France nor take into her more men of the French then she could from time to time be well able to command and master But whether the Instructions for the Merchants Ships and the Kings said Ship were all one is not yet cleared unto the Commons howbeit it appeareth not but that the intent of our King and State was to be a like careful for both Nevertheless a Form of Articles dated the Five and twentieth day of March in the Three and twentieth year of his said late Majesties raign was prepared ingrossed and made ready to be sealed without the knowledge of the Captains Masters and Owners of the said Merchants Ships between the said Marquess D' Effiat the Ambassador on the one part and the several Owners of the said Merchants Ships respectively on the other part viz. A several Writing or Instrument for every of the said Ships respectively whereby amongst other things as by the same appeareth it was covenanted and agreed by and on the part and behalf of the owners to and with the said Marquess D' Effiat to this effect namely 1. That their said Ships respectively with a certain number of men for every of them limitted with Ordnance Munition and other necessaries should be ready for the French Kings service the Thirteenth of April then next following 2. That they should go on in that Service under a French General to be as Captain in every of the said Merchants Ships respectively of the appointment of the French King or his Ambassador 3. That they should serve the French King against any whomsoever but the King of Great Britain 4. That they should take in as many Soldiers into their said several Ships as they could stow or carry besides their Victual and Apparel 5. That they should continue six moneths or longer in the Service so that the whole time did not exceed eighteen moneths 6. That they should permit the French to have the absolute Command of their Ships for Fights and Voyages And it was amongst the said Articles besides other things Covenanted and agreed by the said Marquess D' Effiat as for and on the behalf of the French King to this effectly namely I. That there should be paid to every owner a moneths freight in hand after the rate agreed on and freight for two moneths more after the same rate within Fifteen days after the date of the Articles the computation of the moneths to begin from the 28 of March II. And that the Ships should be ready in a certain form prescribed at the end of the Service When all things were in a
memory did procure of the said King the Office of High Treasurer of England to the Lord Vicount M. now Earl of M. Which Office at his procurement was given and granted accordingly to the Lord Vicount M. And as a Reward for the said procurement of the same Grant he the said Duke did then receive to his own use of and from the said Lord Vicount M. the sum of 20000 l. of lawful money of England And also in or about the moneth of Ianuary in the sixteenth year of the Reign of the said late King did procure of the said late King of famous memory the Office of Master of the Wards and Liveries to and for Sir L. C. afterward Earl of M. which Office was upon the same procurement given and granted to the said Sir L.C. And as a reward for the same procurement he the said Duke had to his own use or to the use of some other person by him appointed of the said Sir L.C. the sum of Six thousand pounds of lawful money of England contrary to the Dignity of our Soveraign Lord the King and against the duty that should have been performed by the said Duke unto him These as also the Eleventh Article were enlarged and aggravated by Mr. Pym in this manner My Lords ALthough I know that I shall speak to my own disadvantage yet I shall labor to speak with as little disadvantage to the matter as I can I have no learning or ornament whereby I might shew my self and I shall think it enough plainly to shew the matter For all that I aim at is that I may lose nothing of the Cause And therefore my Lords I shall apply my self with as much convenient brevity as one that knows that your Lordships time is much more precious then my words Your Lordships being such Judges as will measure things by true and natural proportions and not by the proportion of the action or expression The first entrance into my service must be reading the Articles My Lords This Charge for matter of Fact is so notorious and apparent that it needs no proof that these Honors have been procured And therefore I will only insist upon the Consequence First I will shew That by this fact the Duke hath committed a great Offence And secondly That this Offence hath produced a great Grievance to the Commonwealth And I will conclude in strengthening the whole by some Presidents of former times that Parliaments have proceeded in that course in which your Lordships are like to proceed First to prove it a fault or an offence I must prove that there was a duty for every fault presupposeth a duty And in this case the first work is to shew that the Duke was bound to do otherwise For which I need to alleage nothing else then that he is a sworne Servant and Counsellor to the King and so ought to have preferred his Majesties honor and service before his own pride in seeking to Ennoble all that Blood that concerned him And it is not enough to say that it is not questionable For there have been Great men questioned in the like cases There be some Laws made that are particular according to the temper and occasions of several States There are other Laws that be coessential and collateral with Government and if those Laws be broken all things run to disorder and confusion Such is that Rule observed in all States of suppressing Vice to encourage Vertue by apt Punishment and Rewards And this the fittest Law to insist upon in a Court of Parliament when the Proceedings are not limited either by the Civil or Common Laws but matters are adjudged according as they stand in opposition or conformity with that which is suprema lex Salus populi 2. By this late Law whoever moves the King to bestow Honor which is the greatest reward binds himself to make good a double proportion of Merit in that Party who is to receive it The first of value and excellence the second of continuance and durableness And as this Honor sets men up above others so they should be eminent in vertue beyond others As it is perpetual not ending with their persons but descending upon their posterity so there ought to be in the first root of this Honor some such active merit in the service of the Commonwealth as might transmit a vigorous Example to his Successors whereby they may be raised to an Imitation of the like Vertues He said he would for bear to urge this point further out of a modest respect to those persons whom it did collaterally concern professing his Charge to be wholly against the Duke of Buckingham 3. From the consideration of Honor together with the price of Money The which being compared together may be reduced to two heads may it please your Lordships The one being earthly and base may be bought with a proportionable price of white and red earth Gold and Silver The other which is spiritual which is sublime to which Money cannot be a proportionable price Honor is transcendent in regard it was held a sacred and divine thing insomuch that there was a Temple dedicated to her by the Romans And so I conclude by prescription that Honor is a divine thing for the Scripture calls Kings Gods and then those that are about Kings must needs be resembled to those Powers and Principalities that attend next to the Throne And if Honor be such a divine thing it must not then be bought with so base a price as Money 4. Lastly Honor is a Publick thing it is the reward of Publick Deserts And thus your Lordships have seen that the sale of Honor is an offence unnatural against the Law of Nature Now what an offence this is your Lordships may discern considering the kinds of the offence and the Adjuncts which I now fall upon 1. It extremely deâ—lowers the Flowers of the Crown for it makes them cheap to all beholders 2. It takes from the Crown the most fair and frugal Reward of deserving Servants For when Honor comes to be at so mean a rate as to be sold there is no Great man will look after it 3. It is the way to make a man more studious for lucre and gain then of sufficiencie in Vertue when they know that they shall be preferred to Titles of Honor according to the heaviness of purse and not for the weightiness of their merit 4. It introduceth a strange confusion mingling the meaner with the more pure and refined metal 5. Lastly It is a prodigious scandal to this Nation as the House of Commons think For Examples and Presidents I am confident there are none and your Lordships can look for none because it is not parallel'd to any President But certainly it is now a fit time to make a President of this man this great Duke that hath been lately raised to this transcendent height in our Sphere who thinketh he cannot shine enough unless he dim your Lordships Honors in
no man amongst the Thebans was to take upon him any Place of Government in the Commonwealth if that he were a Merchant unless there were ten years distance between And the reason is this Because Merchants are used to buying and selling It is their Trade and Art to to 〈◊〉 Money so that their fingers are accustomed to that which they cannot leave when they come to Places of Trust and Judicature Nay further in honor of the Merchants He is accounted the wisest Merchant that gains most so that if any such comes to Offices and Places of Trust he thinks it best to advance his profit Next to the Pagans the Popes a Generation full of Corruption yet they by their Bulls are full of Declamation against such And this is plain by a Bull of Pius Quintus who lays the Penalty of Confiscation of Goods of any that do for money acquire any Offices and condemns them by his Papal sentence to be great sinners So Gregory the Thirteenth condemns the like And now to come nearer home to come to that which will principally lead your Lordships which are the Judgments of your Ancestors in Parliament wherein it appears by the Statute of 5 H. 6. that the same Statute condemns the Seller and Receiver as well as the Buyer and Giver It further appears by the Preamble of that Statute that such offences were against the Law and they foresaw the Corruptions of those that came into those Places by those means and that it is a hinderance of sufficient and worthy men from those Places And also 2 3 E. 6. which was likewise cited in the Case of the Duke of Somerset by which he was to forfeit his Estate that one thing was for selling of Places in the Commonwealth for money And certainly with your Lordships favor it is most just and probable that they that profess themselves to be Patriots and shew by their actions that they aim at their own lucre and labor to hinder the distributing of Iustice it is most just and proper that those men should return back again to the Publick Treasury of the King and Kingdom what they have by their unsatisfied lucre gotten And so my Lords craving Pardon of you for my boldness confusion and distractions in going through this business I humbly leave my self to the judgments of your favors and charities and this Great man the Duke to your wise Censure and Justice Then was read the Eleventh and Twelfth Articles XI That he the said Duke hath within these ten years last past procured divers Titles of Honor to his Mother Brothers Kindred and Allies as the Title of Countess of Buckingham to his Mother while she was Sir Thomas Compton's wife the Title of Earl of A. to his younger Brother Christopher Villiers the Titles of Baron of M. P. Vicount F. and Earl of D. to his Sisters Husband Sir W. F. the Titles of Baron of S. and Vicount P. to Sir Iohn Villiers elder Brother unto the said Duke and divers more of the like kind to his Kindred and Allies whereby the Noble Barons of England so well deserving in themselves and in their Ancestors have been much prejudiced and the Crown disabled to reward extraordinary Vertues in future times with Honor while the small Estates of those for whom such unnecessary Advancement hath been procured ar◠apparently likely to be more and more burthensom unto the King notwithstanding such Annuities Pensions and Grants of Lands annexed to the Crown of great value which the said Duke hath procured for those his Kindred to support these their Dignities XII He the said Duke 〈◊〉 contented with the great Advancement formerly received from the late King of famous memory by his procurement and practice in the Fourteenth year of the said King for the support of the many Places Honors and Dignities conferred on him did obtain a grant of divers Manors Parcel of the Revenue of the Crown and of the Duchy of Lancaster to the yearly value of One thousand six hundred ninety seven pounds two shillings halfpenny farthing of the old Rent with all Woods Timber Trees and Advowson part whereof amounting to the sum of Seven hundred forty seven pounds thirteen shillings four pence was rated at Two and thirty thousand pounds but in truth of a far greater value And likewise in the Sixteenth year of the same Kings reign did procure divers other Manors annexed to the Crown of the yearly value at the old Rent of Twelve hundred pounds or thereabouts according as in a Schedule hereunto annexed appeareth In the Warrant for passing of which Lands he by his great favour procured divers unusual Clauses to be inserted viz. that no Perquisites of Courts should be valued and that all Bailiffs Fees should be reprised in the particulars upon which those Lands were rated whereby a president hath been introduced which all those who since that time have obtained any Lands from the Crown have pursued to the damage of his late Majesty and of our Soveraign Lord the King that now is to an exceeding great value And afterwards he surrendred to his said Majesty divers Mannors and Lands parcel of those Lands formerly granted unto him to the value of Seven hundred twenty three pounds eighteen shillings and two pence half-penny per annum in consideration of which surrender he procured divers other Lands of the said late King to be sold and contracted for by his own Servants and Agents and thereupon hath obtained grants of the same to pass from his late Majesty to several persons of this Kingdom and hath caused Tallies to be stricken for the money being the consideration mentioned in those Grants in the Receipt of the Exchequer as if any such monies had really come to his Majesties Coffers whereas the Duke or some other by his appointment hath indeed received the same sums and expended them upon his own occasions And notwithstanding the great and inestimable gain by him made by the sale of Offices Honors and by other Suits by him obtained from his Majesty and for the countenancing of divers Projects and other Courses burthensom to his Majesties Realms both of England and Ireland The said Duke hath likewise by his procurement and practise received into his hands and disbursed to his own use exceeding great sums that were the monies of the late King of famous memory as appeareth also in the said Schedule hereunto annexed And the better to colour his doings in that behalf hath obtained several Privy-Seals from his late Majesty and his Majesty that now is warranting the payment of great sums to persons by his named causing it to be recited in such Privy-seals as if those sums were directed for secret Services concerning the State which were notwithstanding disposed of to his own use and other Privy-seals by him have been procured for the discharge of those Persons without accompt and by the like fraud and practice under colour of free gifts from his Majesty he hath gotten into
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
Tenants and therefore they are called by Bracton Robur Belli how can we now expect the like from such as have no Tenants and are hardly able to maintain themselves But this is not all for the prejudice grows not primitively by defect of that assistance which they might give the State but positively they have been a great burthen to the Kingdom by Gifts and Pensions already received and yet stand in need of more for the future support of their Dignities This makes the Dukes offence the greater that in this weakness and consumption of the Commonwealth he hath not been contented alone to consume the qublick Treasure which is the blood and nourishment of the State but hath brought in others to help him in this work of destruction And that they might do it more eagerly by inlarging their Honors he hath likewise inlarged their Necessities and their Appetites He did second his Charge with two Presidents the first 28 Henry 6. in the Complaint against the Duke of Suffolk in the One and thirtieth Article of that Complaint this was one of his Charges That he William de la Pool Duke of Suffolk had procured one who had married his Niece to be made Earl of Kendal and obtained for him One thousand pounds per annum in the Dutchy of Guienne and yet this Party was the Son of a Noble and well deserving Father So you see this is no new thing for the House of Commons to complain that those that are neer the King should raise their Kindred to an unnecessary Honor and if that were worthy of punishment for advancing of one then what punishment is he worthy of that hath advanced so many The second President is 17 Edw. 4. There passed an Act of Parliment for the Degrading of Iohn Nevil Marquis Montague and Duke of Bedford the reason expressed in the Act is because he had not a Revenue sufficient for the maintaining of that Dignity to which is added another reason of that nature that when men of mean birth are called to a high Estate and have not livelihood to support it it induceth great poverty and causeth briberies and extortions imbraceries and maintenance And now my Lords how far these Reasons shall lead your Judgements in this Case I must leave it to your Lordships Then he read the Twelfth Article being the second part of his Charge the Title whereof was The Exhausting Intercepting and Misimploying the Kings Revenues My Lords This Article consists of several Clauses which in some respects may be called so many distinct Charges for though they all tend to one end and scope the diminishing the Kings Treasure yet it is by divers wayes so that every Clause is a particular Branch Therefore he desired to break it into parts and to select the most material either in point of offence or grievance intenâ—ing to pass through them with this order first to declare the state of the proof and then to add such reasons and inforcements as he did conceive most conduceable to that Judgement which the Commons were to expect from their Lorships He made two main Branches of this Article The first concerns Lands obtained from the Crown the second concerns Money in Pensions Gifts Farms and other kinde of profit Touching the Lands he observed four Things 1. The sum of Three thousand thirty five pounds per annum of old Rent besides the Forest of Layfield of which we have no value and we can finde no Schedule granted by the late King to my Lord of Buckingkham within ten years past as appeareth by the several Grants vouched in the Schedule annexed and it was in it self a great grievance That in a time of such necessity when the Kings Revenues are not able to support such a great charge that so much Land should be conveyed to a private man This he acknowledged was not the Dukes case alone for others had received divers Grants from the King but none in so great measure And because the Commons aim not at Judgement onely but at Reformation he wished That when the King should bestow any Land for support of Honors that the caution which was wont to be carefully observed might again return into use that is to annex those Lands to the Dignity lest being obtained and wasted the Party repair to the King for a new support by which provision the Crown will reap this Benefit That as some Lands go out by new Grants others will come in by spent Intails He said he would not trouble their Lordships with repetition of the Laws heretofore made for preventing the alienation of the Kings Lands and for resuming those that had been alienated nor of the Ordinances made in this high Court for the same purpose and Fines set upon those that presumed to break such Ordinances he onely added as a further enforcement of the Grievance That when the Kings Revenues be unable to defray publick necessities the Commons must needs be more burthened with Supplies 2. His second Point was the unusual Clauses which the Duke by his greatness hath procured to be inserted into the Warrants for passing of those Lands of which two were mentioned the first That the casual profits should not be rated in the particulars the second That all Bailiffs Fees should be reprised Both which are to be proved by the Warrants remaining with the Auditor of the Rates and other Auditors whereupon he presented these Considerations First That it was a mark of Ingratitude and Insatiableness in the Duke thus to strain the Kings Bounty beyond his intention and that he would not receive this Bounty by the ordinary way but by the way of Practice Secondly It argued Unfaithfulness in him that being a sworne Counsellor he should put the King into such Courses of so much prejudice deceitfully in concealing the value of that which he bought so that the King gave he knew not what For under the proportion of Two thousand pounds he gives it may be Four thousand pounds And by this the King did not only sustain great loss for the present but it opened a way of continual loss which hath ever since been pursued by all those who have passed Lands from the Crown Thirdly The King is hereby not left Master of his own Liberality neither in proportion nor certainty for it might so fall out that the Quantity passed from him might be treble to that he intended 3. The third was The Surrender of divers Parcels of these Lands back to the King after he had held them some years and taking others from the King in exchange Where he noted That the best of the Lands and most vendible being passed away the worst lay upon the Kings hand that if he shall have occasion to raise money by sale of Lands that Course is not like to furnish him Besides that in the mean time betwixt the Grants and the Surrenders opportunity was left to the Duke to cut down Woods to infranchise Copiholds to make long Leases and yet
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
ever blessed Father in these words That he was commanded by the House concerning the Plaister applied to the King That he did forbear to speak further in regard of the Kings Honor or words to that effect this his Majesty conceiveth to be to his dishonor as if there had been any underhand dealing by his Majesty in applying of the Plaister and this may make his Subjects jealous of his doings In this Point his Majesty is assured that the House did not warrant him Now for that which is excepted against Sir Iohn Elliot his over bitterness in the Aggravation upon the whole Charge and specially upon some of the heads of it For if you please to remember when I moved for putting of the St Peter of Newhaven out of the Charge against the Duke of Buckingham and shewed my reasons for that purpose you know how tender Sir Iohn Elliot was of it as if he had been a child of his own and so carefull in the handling thereof by a Stranger that he would not suffer it to be touched though with never so tender a hand for fear it might prove a Changeling which did manifest how specious soever his pretences were that he had occulum in Cauda And I must confess I was heartily sorry when he delivered his Aggravation to the Lords to see his Tartness against the Duke when as he had occasion to name him he onely gave him this Title of This man and The man whereas the other observed more respect and modesty in their Charges against so great a Person as the Duke is considering that then he was not convicted but stood rectus in Curia Lastly for pressing the death of his late Majesty you know that the Sense of the House concluded That it is only an Act of Presumption nay some of them expresly said Nay God forbid that I should lay the death of the King to his Charge If he without warrant from the House insisted upon the Composition of the Plaister as if there were Aliquid latet quod non patet This was beyond his Commission from our House and this is that which his Majesty doth except against And this I say drew his Majesty with other insolent Invectives to use his Regal authority in committing them to the Tower Sir Dudley Diggs being charged for saying in the matter of applying the Plaister to his late Majesty That he did forbear to speak further of that in regard of the Kings honor or words to that effect There passed a Protestation of every man in particular for himself and it was Ordered in the House That they that were sick in the Town should have three of the House sent to them to take this Protestation likewise I Protest before Almighty God and this House of Parliament That never gave consent that Sir Dudley Diggs should speak these words that he is now charged withall or any words to that effect And I have not affirmed to any that he did speak such words or any to that effect Within few dayes after Sir Dudley being released out of Prison came into the House and made Protestation concerning the Passage whereat his Majesty had taken offence That speaking of the Plaister applied to the Body of the late King he said He would forbear to speak any further of it in regard of the Kings honor He protested that this was far from his words and that it never came into his thoughts And he gave the House great thanks for their respect unto him and said That he had received from his Majesty a gracious testimony of his satisfaction And the King himself signified to the House by the Vice-Chamberlain That he understood out of some Notes which were taken at the Conference that Sir Dudley Diggs had spoken the words wherewith he was charged but now was satisfied that he did not speak them nor any words to such effect Nevertheless the Duke affirmed to the House of Peers that some words were spoken at this late Conference by Sir Dudley Diggs which so far did trench upon the Kings Honor that they are interpreted Treasonable and that had he not been restrained by order of the House he would then have reprehended him for the same He therefore earnestly desired for that divers constructions have been made of those words and for that they have been diversly reported that every one of the said Reporters would be pleased to produce their Notes taken at the Conference This matter was much debated and the House of Peers often put into a Committee and reassumed again but they came to no resolution therein In fine these Lords following to the number of thirty six made this voluntary Protestation upon their Honors That the said Sir Dudley Diggs did not speak any thing at the said Conference which did or might trench on the Kings Honor and if he had they would presently have reprehended him for it The Lord President affirmed That he had reported the words in the same sence they were delivered unto him by the party himself and though the connexion of them require to be explained yet he agreed with the rest of the Lords for the Parties good meaning and made the same Protestation The Lords who Protested were these viz. The Earl of Mulgrave Earl of Cleveland Earl of Westmerland Earl of Bullingbrook Earl of Clare Earl of Denbigh Earl of Cambridge Earl of Devon Earl of Warwick Earl of Northampton Earl of Bridgewater Earl of Montgomery Earl of Nottingham Earl of Lincoln Earl of Essex Earl of Herâ—ford Earl ef Kent Earl of Oxon. Lord Grey of Warke Lord Noell Lord Montague Lord Russel Lord North. Lord Cromwell Lord Vaux Lord Dudley Lord Morley Lord Piercy Lord Bishop oâ— Sarum Lord Bishop of Landaffe Lord Bishop of Chester Lord Bishop of Cov. and Lich. Lord Bishop of Worcester Lord Bishop of Norwich Lord Vicount Say and S. Lord Vicount Rocheford Not long after Sir Iohn Elliot also was released out of the Tower and sent for to come into the House Then the Vice-Chamberlain stood up and by way of Explanation of his former Speech said That he intended not to charge him but to give him an occasion to discharge himself First That all the others had used respective words in the Conference but for the manner of his Speech he conceived it was too tart and harsh to the person of the Duke and that in representing a Character of his minde by comparing him with a strange beast he had out-gone his Commission Secondly That contrary to the sense of the House as if they were ignorant of the return of the ships out of France he said They say they are come but I know it not when the House knew it full well That speaking of the Duke he said That man which phrase in all Languages is accounted a great indignity to persons of Honor That he made scandalous comparisons between the Duke and Sejanus and the Bishop of Ely which was
in the Book-Case in the Third year of Edw. 3. which was here urged cannot be proved to be in Parliament time and this the Lords of the Grand-Committee thought fit to offer to the consideration of the House Hereupon the House was moved to give power to the Lords Sub-Committees for Priviledges c. to proceed in the search of Presidents of the Commitment of a Peer of this Realm during the time of Parliament and that the Kings Council might shew them such Presidents as they have of the said Commitment And that the said Sub-Committee may make the Report unto the House at the next access All which was granted and agreed unto and these Lords were called unto the said Sub-Committee viz. The Lord Treasurer Lord President Duke of Buckingham Earl of Dorset Earl of Devon The Earl of Clare The Vicount Wallingford Vicount Mansfield Lord North. And the Kings Council were appointed to attend the Lords The Lord President reported the Proceedings of the said Sub-Committees for Priviledges c. upon Commitment of the Earl of Arundel viz. That the Kings Council had searched and acquainted the Lords Sub-Committees with all that they had found in Records Chronicles and Stories concerning this matter Unto which the said Lords Sub-Committees had given full Answer and also shewed such Presidents as did maintain their own Rights The Presidents being read which for the length we forbear to mention It was resolved upon the Question by the whole House Nemine dissentiente That the Priviledge of this House is That no Lord of Parliament the Parliament sitting or within the usual times of Priviledges of Parliament is to be imprisoned or restrained without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace And it was thereupon ordered That the said Lords Sub-Committees for Priviledges c. or any five of them shall meet this afternoon to consider of a Remonstrance and Petition of the Peers concerning the Claim of their Priviledges from Arrests and Imprisonments during the Parliament Which was conceived by the Lords Sub-Committees for Priviledges according to the Order of the House and was read openly viz. May it please your Majesty WE the Péers of this your Realm assembled in Parliament â—inding the Earl of Arundel absent from his place that sometimes in this Parliament sate amongst us his presence was therefore called for But thereupon a Message was delivered unto us from your Majesty by the Lord Kéeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and had no relation to matters of Parliament This Message occasioned us to enquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in any dutiful respect to your Majesty and yet preserve our right and priviledge of Parliament And after diligent search both of all Stories Statutes and Records that might inform us in this case We find it to be an undoubted right and constant priviledge of Parliament That no Lord of Parliament the Parliament sitting or within the usual times of Priviledge of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason or Felony or for refusing to give Surety for the Peace And to satisfie our selves the better we have heard all that could be alleaged by your Majesties Council learned at the Law that might any way weaken or infringe this claim of the Peers And to all that can be shewed or alleaged so full satisfaction hath been given as that all the Peers of Parliament upon the Question made of this Priviledge have una voce consented That this is the undoubted Right of the Peers and hath unviolably been enjoyed by them Wherefore we your Majesties Loyal Subjects and humble Servants the whole body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted with your gracious favor to come sit and serve your Majesty and the Commonwealth in the great Affairs of this Parliament And we shall pray c. This Remonstrance and Petition to this Majesty was approved by the whole House who agreed that it should be presented by the whole House to his Majesty and it was further agreed That the Lord President the Lord Steward the Earl of Cambridge and the Lord Great-Chamberlain should presently go to the King to know his Majesties pleasure when they shall attend him These Lords returning the Lord President reported that his Majesty had appointed that day between two and three of the clock for the whole House to attend him with the said Remonstrance and Petition in the Chamber of Presence at Whitehall And it was agreed That the Lord Keeper should then read the same to the King and present it unto his Majesty The Twentieth of April the Lord President reported the Kings Answer unto the Remonstrance and Petition of the Lords to this effect That their Lordships having spent some time about this business and it being of some consequence his Majesty should be thought rash if he should give a sudden Answer thereto and therefore will advise of it and give them a full Answer in convenient time The 21. of April 1626. It was ordered That the House should be called on Monday next being the 24. of April Which was done accordingly And the Earl of Arundel being called the Lord Keeper signified unto the House That his Majesty had taken into consideration the Petition exhibited by their Lordships the 19. of April concerning the Earl of Arundel and will return an Answer thereunto with all expedition The 2. of May it was ordered That the Lord Keeper should move his Majesty from the House for a speedy and gracious Answer unto the Petition on the Earl of Arundels behalf The 4. of May 1626. the Lord Keeper signified unto their Lordships That according to the Order of the 2. of May he had moved his Majesty from the House on the behalf of the Earl of Arundel Who answered It is a Cause wherein he hath had a great deal of care and is willing to give their Lordships satisfaction and hath it in his consideration how to do it and hath been interrupted by other business wherein Mr. Attorney hath had occasion of much conference with him as their Lordships are acquainted But will with all conveniencie give their Lordships satisfaction and return them an Answer The 9. of May 1626 the House being moved to petition the King touching the Earl of Arundel certain Lords were appointed to set down the form of the said Petition who reported the same in writing as followeth viz. May it please your Majesty WHereas the whole body of the Peers now assembled in Parliament did the 19 day of April exhibit to your Majesty an humble Remonstrance and Petition concerning the Priviledge of Peers
in Parliament and in particular touching the Earl of Arundel whereupon we received a gracious Answer That in convenient time we should receive a fuller Answer which we have long and dutifully attended And now at this time so great a business being in handling in the House we are pressed by that business to be humble suitors to your Majesty for a gracious and present Answer Which being read was approved of by the House and the said Committee appointed to present the same unto his Majesty from the House at such time as the Lord Chamberlain shall signifie unto them that his Majesty is pleased to admit them to his presence The 11 of May the Lord President reported the Kings Answer to the said Petition That he did little look for such a Message from the House That himself had been of the House and did never know such a Message from the one House unto the other Therefore when he received a Message fit to come from them to their Soveraign they shall receive an Answer The Lord President further Reported That the Lords Committees appointed to deliver the Petition to the King did thereupon withdraw and required him humbly to desire his Majesty to be pleased to let them know unto what point of the said Petition he takes this Exception and that his Majesty willed him to say this of himself viz. The Exception the King taketh is at the peremptoriness of the Term To have a Present Answer And the King wonders at their impatience since he hath promised them an answer in convenient time Hereupon the House altered their former Petition leaving out the word Present and appointed the former Committee humbly to deliver the same to his Majesty The 13 of May the Lord President reported the Kings Answer to the Petition viz. It is true the word Present was somewhat strange to his Majesty because they did not use it from one House to another but now that his Majesty knows their meaning they shall know this from him that they shall have his Answer so soon as conveniently he can And this his Majesty will assure them it shall be such an Answer as they shall see will not trench upon the Priviledges of the House The Lords having agreed on another Petition to the King wherein they acknowledged him to be a Prince of as much goodness as ever King was The 19 of May the Lord Chamberlain signified to their Lordships That his Majesty being acquainted therewith is pleased that this House attend him at two of the Clock this day in the Afternoon at Whitehall On which day the Lords delivered the Petition to his Majesty who upon the 20 May returned this Answer My Lords I See that in your Petition you acknowledge me a King of as much goodness as ever King was for which I thank you and I will endeavor by the Grace of God never to deserve other But in this I observe that you contradict your selves for if you believe me to be such as you say I am you have no reason to mistrust the sincerity of my Promises For whereas upon often Petitions made by you unto me concerning this business I have promised to give you a full Answer with all convenient speed by this again importuning of me you seem to mistrust my former promises But it may be said there is an Emergent cause for that I have delivered a Member of the Lower-House In this My Lords by your favour you are mistaken for the Causes do no way agree for that he that was committed of the House of Commons was committed for words spoken before both Houses which being such as I had just cause to commit him yet because I found they might be words onely misplaced and not ill meant and were so conceived by many honest men I was content upon his interpretation to release him without any suit from the Lower-House whereas my Lord of Arundel's fault was directly against my self having no relation to the Parliament yet because I see you are so impatient I will make you a fuller Answer then yet I have done not doubting but that you will rest contented therewith It is true I committed him for a cause which most of you know and though it had been no more I had reason to do it yet my Lords I assure you that I have things of far greater importance to lay to his charge which you must excuse me for not no tell you at this time because it is not yet ripe and it would much prejudice my service to do it and this by the word of a King I do not speak out of a desire to delay you but as soon as it is possible you shall know the cause which is such as I know you will not judge to be any breach of your Priviledges For my Lords by this I do not mean to shew the power of a King by diminishing your Priviledges This Answer being read it was ordered That the Committee for Priviledges should meet and consider how farther to proceed with dutifull respect to his Majesty and yet so as it may be for the preservation of the Priviledges of the Peers of this Land and the Liberties of the House of Parliament The 24 of May the Lord President reported the Petition agreed on by the Lords Committees for Priviledges c. to be presented to the King which was in haec verba May it please your most Excellent Majesty WHatever our care and desire is to preserve our right of Péers yet it is far from our thoughts either to distrust or to press any thing that stands not with the affection and duty of most dutiful and loyal Subjects And therefore in all humility we cast our selves before your Majesty assuring our selves in the word of a King that with all conveniencie possible your Majesty will please either to restore the Peer to his place in Parliament or express such a cause as may not infringe our Priviledges The Petition was generally approved and ordered to be presented to his Majesty by the whole House and the Earl of Carlisle and the Lord Carlton to go presently to know the Kings pleasure when they shall attend his Majesty Who being returned reported That his Majesty hath appointed that Afternoon at two of the clock for the same The 25. of May the Lord Keeper delivered the Kings Answer unto the said Petition to be read in haec verba viz. My Lords YOur often coming to me about this matter made me somewhat doubt you did mistrust me But now I see you rely wholly on me I assure you it shall prevail more upon me then all importunities And if you had done this at first I should have given you content And now I assure you I will use all possible speed to give satisfaction and at the furthest before the end of this Session of Parliament This being read the House was moved the second time That all businesses might be laid
aside and that Consideration might be had how their Priviledges may be preserved unto posterity And the House was put into a Committee for the freer Debate thereof and afterwards resumed And it was ordered That the House be adjourned till to morrow and all businesses to cease The 26. of May the Lord Keeper delivered this Message from the King to the House of Lords viz. THat his Majesty hath willed him to signifie unto their Lordships That he doth marvel his meaning in his last Answer should be mistaken And for the better clearing of his intention hath commanded him to signifie unto their Lordships his further Answer which is That their Lordships last Petition was so acceptable to his Majesty that his intent was then and is still to satisfie their Lordships fully in what they then desired Whereupon it was ordered That all businesses be adjourned till that day seven night At the same time the Duke of Buckingham signified unto their Lordships his desire to have the Kings Council allowed him to plead his cause But the Lords would not hear him because they would entertain no business And so the House was adjourned to the second of Iune At which time the House sitting again the Lord Keeper delivered this Message from the King to the House of Lords viz. HIs Majesty hath commanded me to deliver unto your Lordships a Message touching the Earl of Arundel That his Majesty hath thought of that business and hath advised of his great and pressing affairs which are such as make him unwilling to enter into dispute of things doubtful And therefore to give you clear satisfaction touching that Cause whereby you may more cheerfully proceed in the business of the House he hath endeavored as much as may be to ripen it but cannot yet effect it but is resolved that at the furthest by Wednesday sevennight being the fourteenth of Iune he will either declare the Cause or admit him to the House And addeth further upon the word of a King That if it shall be sooner ripe which he hath good cause to expect he will declare it at the soonest And further That if the occasion doth enforce to stay to the time prefixed yet he doth not purpose to set such a short end to the Parliament but that there shall be an ample and good space between that and the end of the Sessions to dispatch affairs This Message being delivered the House was adjourned ad libitum and put into a Committee And being resumed it was agreed That all businesses should cease but this of the Earl of Arundel's concerning the Priviledges of the House and the House to meet thereon to morrow morning and to be put into a Committee to consider thereof And so the House was adjourned to the next day Then the Lord Keeper delivered this Message from the King Viz. THat in the matter concerning the Earl of Arundel his Majesty hath been very careful and desirous to avoid all jealousie of violating the Priviledges of this House that he continueth still of the same mind and doth much desire to find out some Expedient which might satisfie their Lordships in point of Priviledge and yet not hinder his Majesties service in that particular But because this will require some time his Majesty though his great affairs are urgent and pressing is unwilling to urge their Lordships to go on therewith till his Majesty hath thought on the other And therefore hath commanded him to signifie his pleasure That his Majesty is contented their Lordships adjourn the House till Thursday next and in the mean time his Majesty will take this particular business into further consideration Hereupon the Lords agreed That the Lord Keeper do render unto his Majesty from the House their humble thanks for his gracious respect unto their Priviledges Then the Lord Keeper demanded of the Lords whether their Lordships would adjourn the House till Thursday next Whereupon it was agreed by the Lords and the House was so adjourned On Thursday Iune 8. the Lord Keeper delivered this Message to the Lords from his Majesty viz. THat on Saturday last his Majesty sent word to the House That by this day he would send them such an Answer concerning the Earl of Arundel as should satisfie them in point of Priviledge And therefore to take away all dispute and that their Priviledges may be in the same estate as they were when the Parliament began his Majesty hath taken off the restraint of the said Earl whereby he hath liberty to come to the House The Earl of Arundel being returned to the House did render his humble thanks unto his Majesty for this gracious favor towards him and gave their Lordships also most hearty thanks for their often intercessions for him unto the King and protested his Loyalty and faithful service unto his Majesty Much about this time Mr. Moor a Member of the House of Commons having spoken some words which seemed to reflect upon his Majesty they were reported to the House viz. That he said We were born free and must continue free if the King will keep his Kingdom Adding these words Thanks be to God we have no occasion to fear having a just and pious King The House for these words committed Mr. Moor to the Tower of London And his Majesty shortly after sent a Message That he had passed by his offence Whereupon he was released While the Duke stood charged in the Parliament the Chancellorship of Cambridge became void by the death of the Lord Howard Earl of Suffolk who died on Whitsonday the 28. of May 1626. The University having understood by several hands That it was the Kings express will and pleasure that the Duke should be chosen in his stead were ambitious and forward to express their obedience to his Majesty in that behalf well knowing that in regard of their multitude and worthy Judgment and wisdom that is esteemed and ought to be in those Electors this was one of the most honorable Testimonies of Worth and Integrity that the Nation can afford And that whereas all other the Dukes Honors did but help the rather to sink him with their weight this would seem to shoar and prop him up Letters were pretended to be sent from his Majesty to the intent to disencourage all opposers But though the pretence of Letters served mainly to effect their ends yet the producing of them would have prejudiced the chief intendment of the Election namely the honor of the Testimony in it which chiefly lying in the freedom of the Votes had by Letters been cut off Many Heads of Houses bestirr'd themselves according to their several power and interest in their respective Societies and Trinity-Colledge alone the Master whereof was Doctor Maw one of the Kings Chaplains supplied the Duke with Forty three Votes the third part of those which served the turn for he had in all One hundred and eight He was chosen the Thursday following the
see them earthed before me My Answer to the several points in Charge I shall crave leave to deliver in brief and in form of Law but as naked as truth loves to be and so I leave my self and my cause to your Lordships Justice The humble Answer and Plea of George Duke of Buckingham to the Declaration and Impeachment made against him before your Lordships by the Commons House of Parliament THe said Duke of Buckingham being accused and sought to be impeached before your Lordships of the many Misdemeanors Misprisions Offences and Crimes wherewith he is charged by the Commons House of Parliament and which are comprised in the Articles preferred against him and were aggravated by those whose service was used by that House in the delivery of them Doth finde in himself an unexpressible pressure of deep and hearty sorrow that so great and so worthy a Body should have him suspected of those things which are objected against him whereas had that Honorable House first known the very truth of those particulars whereof they had not there the means to be rightly informed he is well assured in their own true judgments they would have forborn to have charged him therewith The Charge touching Plurity of Offices To the first which concerneth Plurality of Offices which he holdeth he answereth thus That it is true that he holdeth those several Places and Offices which are enumerated in the preamble of his Charge whereof onely three are worthy the name of Offices viz. The Admiralty the Wardenship of the Cinque Ports and Mastership of the Horse the other are rather titulary and additions of Honor. For these Offices he humbly and freely acknowledgeth the bounty and goodness of his most Gratious Master who is with God who when he had cast an Eye of Favor upon him and had taken him into a more near place of service about his Royal Person was more willing to multiply his Graces and Favors upon him then the Duke was forward to ask them and for the most part as many honorable persons and his now most Excellent Majesty above all others can best testifie did prevent the very desires of the Duke in asking And all these particular places he can and doth truly affirm his late Majesty did bestow them of his own Royal motion except the Wardenship of the Cinque Ports onely and thereto also he gave his approbation and encouragement And the Duke denieth that he obtained these places either to satisfie his exorbitant ambition or his own profit or advantage as is objected against him And he hopeth he shall give good satisfaction to the contrary in his particular Answers ensuing touching the manner of his obtaining the places of the Admiralty and the Wardenship of the Cinque Ports whereunto he humbly desireth to refer himself And for the Mastership of the Horse to his Majesty he saith it is a meer domestick office of attendance upon the Kings person whereby he receiveth some profit yet but as a conveniency to render him more sit for his continual attendance and in that place the times compared he hath retrenched the Kings annual charge to a considerable value as shall be made apparent And for the number of places he holdeth he saith That if the Commonwealth doth not suffer thereby he hopeth he may without blame receive and retain that which the liberal and bountiful hand of his Master hath freely conferred upon him And it is not without many Presidents both in Antient and Modern times That one man eminent in the esteem of his Soveraign hath at one time held as great and as many Offices But when it shall be discerned That he shall falsly or corruptly execute those places or any of them or that the Publick shall suffer thereby he is so thankful for what he hath freely received that whensoever his Gratious Master shall require it without disputing with his Soveraign he will readily lay down at his Royal Feet not onely his Places and Offices but his whole Fortunes and his life to do him service But the integrity of his own Heart and Conscience being the most able and most impartial witnesses not accusing him of the least thought of disloyalty to his Soveraign or to his Country doth raise his spirits again to make his just defence before your Lordships of whose Wisdom Justice and Honor he is so well assured That he doth with confidence and yet with all humbleness submit himself and his cause to your Examinations and Judgments before whom he shall with all sincerity and clearness unfold and lay open the secrets of his own actions and of his heart and in his Answer shall not affirm the least Substantial and as near as he can the least Circumstantial point which he doth not believe he shall clearly prove before your Lordships The Charge consisteth of Thirteen several Articles whereunto the Duke saving to himself the usual benefit of not being prejudiced by any words or want of form in his Answer but that he may be admitted to make further explanation and proof as there shall be occasion and saving to him all Priviledges and Rights belonging to him as one of the Peers of the Realm doth make these several and distinct Answers following in the same order they are laid down unto him For his buying of the Admirals place the said Duke maketh this clear and true Answer That it is true that in Ianuary in the Sixteenth year of his late Majesties Raign his late Majesty did by his Letters Patents under the Great Seal of England grant unto the Duke the Office of Admiralty for his life which Grant as he well knoweth it was made freely and without any Contract or Bargain with the late Lord Admiral or any other and upon the voluntary Surrender of that Noble and wel-deserving Lord so he is advised it will appear to be free from any defect in Law by reason of the Statute of 5 Edw. 6. mentioned in this Article of his Charge or for any other cause whatsoever For he saith the true manner of his obtaining this Office and of all the passages thereof which he is ready to make good by Proof was thus That Honorable Lord the late Earl of Nottingham the Lord Admiral being grown much in years and finding that he was not then so able to perform that which appertained to his place as in former times he had done to his great Honor and fearing lest his Majesties service and the Commonwealth might suffer by his defect became an humble and earnest Petitioner to his late Majesty to admit him to surrender his Office His late Majesty was at the first unwilling unto it out of his Royal Affection to his Person and true Judgment of his worth But the Earl renewed his Petitions and in some of them nominated the Duke to be his Successor without the Dukes privity or fore-thought of it And about that time a Gentleman of good place about the Navy and of long experience
the Ship to be out of their Jurisdiction if the Warrant come from the Lord Admiral they will pretend it to be within the Jurisdiction of the Cinque Ports And so whilst the Officers dispute the opportunity of the service is lost 7. When the Kings Ships lie near the Ports and the men come on shore the Officers refuse to assist the Captains to reduce them to the Ships without the Lord Wardens Warrant 8. If the Kings Ships on the sudden have any need of Pilots for the Sands Coasts of Flanders or the like wherein the Portsmen are best experienced they will not serve without the Lord Wardens or his Lieutenants Warrant who perhaps are not near the place 9. When for great occasions for the service of the State the Lord Admiral and Lord Warden must both joyn their Authority if the Officers for want of true understanding of their several Limits and Jurisdictions mistake their Warrants the service which many times can endure no delay is lost or not so effectually performed For these and many other Reasons of the like kinde the Duke not being led either with ambition or hope of profit as hath been objected for it could be no encrease of Honor to him having been honored before with a greater place nor of profit for it hath not yielded him in any matter any profit at all nor is like to yield him above Three hundred pounds per annum at any time but out of his desire to make himself the more able to do the King and Kingdom service and prevent all differences and difficulties which heretofore had or hereafter might hinder the same He did entertain that motion and doth confess that not knowing or so much as thinking of the said Act of Parliament before mentioned he did agree to give the said Lord One thousand pounds in money and Five hundred pounds per annum in respect of his Surrender he not being willing to leave his place without such consideration nor the Duke willing to have it without his full satisfaction and the occasion why the Duke of Buckingham gave that consideration to the Lord Zouch was because the Duke of Richmond in his life time had first agreed to give the same consideration for it and if he had lived he had had that place upon the same terms And when the said Duke of Richmond was dead his late Majesty directed the Duke of Buckingham to go thorow for that place and for the Reasons before-mentioned to put both these Offices together and to give the same consideration to the said Lord which the Duke of Richmond should have given and his late Majesty said he would repay the money And how far this act of his in acquiring this Office accompanied with these Circumstances may be within the danger of the Law the King being privy to all the passages of it and encouraging and directing it he humbly submitteth to your judgement and he humbly leaves it to your Lordships judgments in what third way an antient servant to the Crown by age or infirmity disabled to perform his service can in an honorable course relinquish his place for if the King himself give the Reward it may be said it is a charge to the Crown if the succeeding Officer give the Recompence it may thus be objected to be within the danger of the Law And howsoever it be yet he hopeth it shall not be held in him a crime when his intentions were just and honorable and for the furtherance of the Kings service neither is it without president that in former times of great employment both these Offices were put into one hand by several Grants To this Article whereby the not guarding of the Narrow Seas in these last two years by the Duke according to the trust and duty of an Admiral is laid to his charge whereof the consequence supposed to have been meerly through his default are the ignominious infesting of the Coasts with Pirats and Enemies the endangering of the Dominion of these Seas the extream loss of the Merchants and the decay of the Trade and Strength of the Kingdom The Duke maketh this Answer That he doubteth not but he shall make it appear to the good satisfaction of your Lordships that albeit there hath hapned much loss to the Kings Subjects within the said time of two years by Pirats and Enemies yet that hath not hapned by the neglect of the Duke or want of care and diligence in his place For whereas in former times the ordinary Guard allowed for the Narrow Seas hath been but four Ships the Duke hath since Hostility begun and before procured their number to be much increased for since Iune 1624. there hath never been fewer then Five of the Kings Ships and ordinarily Six besides Pinnaces Merchants Ships and Drumblers and since open hostility Eight of the Kings Ships besides Merchants of greater number and Pinnaces and Drumblers and all these well furnished and manned sufficiently instructed and authorised for the service He saith he hath from time to time upon all occasions acquainted his Majesty and the Council-Bord therewith and craved their advice and used the assistance of the Commissioners for the Navy in this service and for the Dunkirkers who have of late more infested these Coasts then in former years he saith There was that Providence used for the repressing of them that his Majesties Ships and the Hollanders joyning together the Port of Dunkirk was blocked up and so should have continued had not a sudden storm dispersed them which being the immediate hand of God could not by any pollicy of man be prevented at which time they took the opportunity to Rove abroad but it hath been so far from endangering the Dominion of the Narrow Seas thereby as is suggested That his Majesties Ships or Men of War were never yet mastered nor encountred by them nor will they endure the sight of any of our Ships and when the Duke himself was in person the Dunkirkers run into their Harbors But here is a necessity that according to the fortune of Wars interchangeable losses will happen yet hitherto notwithstanding their more then wonted insolency the loss of the Enemies part hath been as much if not more then what hath hapned to us and that loss that hath faln hath cheifly come by this means that the Dunkirkers Ships being of late years exercised in continual hostility with the Hollanders are built of a Mold as fit for flight as for fight and so they pilfer upon our Coasts and creep to the shore and escape from the Kings Ships But to prevent that inconvenience for the time to come there is already order taken for the building some Ships which shall be of the like Mold light and quick of sail to meet with the adverse party in their own way And for the Pirates of Sallie and those parts he saith it is but very lately that they found the way into our Coasts where by surprise they might easily do
to an Admiral of England and a true English man And he doth deny that by menace or compulsion or any other indirect or undue practice or means he by himself or by any others did deliver those Ships or any of them into the hands of the French as is objected against him That the Error which did happen by what direction soever it were was not in the intention any ways injurious or dishonorable or dangerous to this State or prejudicial to any private man interested in any of those Ships nor could have given any such offence at all if those promises had been observed by others which were professed and really performed by his Majesty and his Subjects on their parts To this Article wherewith he is taxed to have practised for the employment of the Ships against Rochel he answereth That he was so far from practising or consenting that the said Ships should so be employed that he shall make it clearly to appear that when it was discovered that they would be employed against those of the Religion the Protestation of the French King being otherwise and their pretence being That there was a Peace concluded with those of the Religion and that the French King would use those Ships against Genoa which had been an action of no ill consequence to the Affairs of Christendom The Duke did by all fit and honorable means endeavor to divert that course of their employment against Rochel And he doth truly and boldly affirm That his endeavors under the Royal care of his most Excellent Majesty hath been a great part of the means to preserve the Town of Rochel as the Proofs when they shall be produced will make appear And when his Majesty did finde that beyond his intention and contrary to the faithful Promises of the French they were so misemployed he found himself bound in honor to intercede with the most Christian King his good Brother for the Peace of that Town and of the Religion lest his Majesties Honor might otherwise suffer Which intercession his Majesty did so sedulously and so successfully pursue that the Town and the Religion there do and will acknowledge the fruits thereof And whereas it is further objected against him That when in so unfaithful a manner he had delivered those Ships into the power of a foreign State to the danger of the Religion and scandal and dishonor of our Nation which he utterly denieth to be so That to mask his ill intentions in cunning and cautelous manner he abused the Parliament at Oxford in affirming before the Committees of both Houses That the said Ships were not nor should be so used or employed he saith under the favor of those who so understood his words That he did not then use those words which are expressed in the Charge to have been spoken by him but there being then a jealousie of the mis-employing of those Ships the Duke having no knowledge thereof and knowing well what the promises of the French King were but was not then seasonable to be published he hoping they would not have varied from what was promised did say That the event would shew it was no undertaking for them but a Declaration of that in general terms which should really have been performed and which his Majesty had just cause to expect from them That the Duke did compel the Lord R. to buy his Title of Honor he utterly denieth and he is very confident that the Lord R. himself will not affirm it or any thing tending that way Neither can he nor any man else truly say so but the said Duke is able to prove that the Lord R. was before willing to have given a much greater sum but could not then obtain it and he did now obtain it by solicitation of his own Agents For the selling of places of Judicature by the Duke which are specially instanced in the Charge he answereth That he received not or had a penny of either of those sums to his own use but the truth is the Lord M. was made Lord Treasurer by his late Majesty without contracting for any thing for it and after that he had the Office conferred upon him his late Majesty moved him to lend him Twenty thousand pounds upon promise of repayment at the end of a year the Lord M. yielded to it so as he might have the Dukes word that it should be repayed unto him accordingly The Duke gave his word for it the Lord M. relied upon it and delivered the said sum to the hands of Mr. Porter then attending upon the Duke by the late Kings appointment to be disposed as his Majesty should direct And according to the Kings direction that very money was fully paid out to others and the Duke neither had nor disposed of a penny thereof to his own use as is suggested against him And afterwards when the Lord M. left that place and his money was not repayed unto him he urged the Duke upon his promise whereupon the Duke being jealous of his Honor and to keep his word not having money to pay him he assured Lands of his own to the Lord M. for his security But when the Duke was in Spain the Lord M. obtained a promise from his late Majesty of some Lands in Fee-farm to such a value as he accepted of the same in satisfaction of the said money which were afterwards passed unto him and at the Dukes return the Lord M. delivered back unto him the security of the Dukes Lands which had been given unto him as aforesaid And for the Six thousand pounds supposed to have been received by the Duke for procuring to the Earl of M. the Mastership of the Wards he utterly denieth it but afterwards he heard that the Earl of M. did disburse Six thousand pounds about that time and his late Majesty bestowed the same upon Sir Henry Mildmay his Servant without the Dukes privity and he had it and enjoyed it and no penny thereof came to the said Duke or to his use To this Article the Duke answereth That it is true that his late Majesty out of his Royal Favor unto him having honored the Duke himself with many Titles and Dignities of his bounty and as a greater argument of his Princely Grace did also think fit to honor those who were in equal degree of Blood with him and also to ennoble their Mother who was the Stock that bare them The Title of the Countess of Buckingham bestowed upon the Mother was not without President and she hath nothing from the Crown but a Title of Honor which dieth with her The Titles bestowed on the Viscount P. the Dukes Elder Brother were conferred on him who was a Servant of the Bed-chamber to his now Majesty then Prince by his Highness means the Earl of A. was of his late Majesties Bed-chamber and the Honors and Lands conferred on him was done when the Duke was in Spain The Earl of D. hath the Honors mentioned in the
we took into serious Consideration several Propositions how for the â—afety and happiness of your Majesties Kingdoms and Allies we might enlarge your Supports add to the Military Strength without charge to the poorer sort of your Subjects and give a larger Supply to your Majesty for your instant and pressing occasions then hath ever yet but once been given in Parliament Whereupon for the enabling of our selves and those whom we represent we conceive it first necessary to search into the Causes of those Mischiefs which this your Kingdom suffereth and divers of the Grievances that overburthen your Subjects without doing of which we could neither be faithful to your Majesty nor to the Country that doth trust and imploy us as your Royal Father also of blessed memory admonished the House of Commons in the fourth Session of his first Parliament In this consideration we found that the most pressing and comprehensive Mischief and Grievance that we suffered was fundamentally setled in the vast power and enormous Actions of the said Duke being such that by reason of his plurality of Offices all gotten by ambition and some for money expresly against the Lawes of your Realm His breach of Trust in not guarding the Seas his high injustice in the Admiralty his extortion his delivering over the Ships of this Kingdom into the hands of a Forein Prince his procuring of the compulsory buying of honor for his own gain his unexampled exhausting of the Treasures and Revenues of the Kingdom his transcendent presumption of that unhappy applying of Phisick to your Royal Father of blessed memory few dayes before his death and some other his Offences carefully and maturely examined by us we made a Parliamentary Charge of the same matters and offences against him to the Lords by your Majesty assembled in Parliament there expecting some remedy by a speedy proceeding against him but may it please your most excellent Majesty not onely during the time of our examination of the matters and offences of the same Charge we were diversly interrupted and diverted by Messages procured through misinformation from your Majesty which with most humble duty and reverence we did ever receive whence it first fell out that so not onely much time was spent amongst us before the same Charge was perfected but also within two dayes next after the same Charge was transmitted by us to the Lords Upon untrue and malicious misinformations privately and against the Priviledge of Parliaments given to your Majesty of certain words supposed to have been spoken by Sir Dudley Digs and Sir John Elliot Knights two of the Members of our House in their service of the transmitting of the said Charge both of them having been especially employed in the Chairs of Committees with us about the examination of the said matters and offences they were both by your Majesties command committed to close imprisonment in the Tower of London and their Lodgings presently searched and their papers there found presently taken away by reason whereof not onely our known Priviledges of Parliament were infringed but we our selves that upon full hope of speedy course of Iustice against the said Duke were preparing with all dutifull affection to proceed to the dispatch of the Supply and other Services to your Majesty were wholly as the Course and Priviledge of Parliament bindes us diverted for divers dayes to the taking onely into consideration some Courses for the ratifying and preservation of the Priviledges so infringed and we think it our duties most gracious Soveraign most rightly to inform hereby your most excellent Majesty of the Course held in the Commitment of the two Members For whereas by your Majesties Warrant to your Messengers for the arresting of them you were pleased to command that they should repair to their Lodgings And there take them Your Majesties principal Secretary the Lord Conway gave the said Messengers as they affirmed an express command contrary to the said Warrants that they should not go to their Lodgings but to the House of Commons and there take them and if they found them not there they should stay until they were come into the House and apprehend them wheresoever else they should finde them Which besides that it is contrary to your Majesties command is an apparent Testimony of some mischievous intention there had against the whole House of Commons and against the service intended to your Majesty All which with the several interruptions that preceded it and the misinformation that hath caused all of them we cannot doubt but that they were wrought and procured by the Duke to his own behoof and for his advantage especially because the said Interruptions have through misinformation come amongst us onely at such times wherein we have had the matters and offences charged against him in agitation but your Majesty out of your great goodness and justice being afterwards informed truely of our Priviledge and the demerit of the Cause that concerned our said two Members graciously commanded the delivery of them out of the Tower for which we render unto your Majesty most humble thanks and were then again by reason of our hopes of the dispatch of proceedings with the Lords upon our Charge against him said the Duke in a cheerfull purpose to go on with the matter of Supply and other services to your Majesty when again these hopes failed in us by reason of some new exorbitancies now lately shewed in the exercise of his so great power and ambition for by such his power and ambition notwithstanding our Declaration against him for his so great plurality of Offices he also procured to himself by the sollicitation of his Agents and of such as depended upon him the Office of Chancellor of the University of Cambridge whereas the same University having two Burgesses in Parliament did by the same Burgesses a few weeks before consent with us in the Charge against him for his ambition for procuring such a plurality of Offices such was his ambition to sue for it such was his power to make them give it him contrary to what themselves had agréed in Parliament with all the Commons of England And he procured also the same Office by the special labors and endeavors as we are informed of a Factious party who adhereth to that dangerous Innovation of Religion published in the seditious Writings of one Richard Montague Clerk of whom it is thence also and heretofore upon other reasons it hath béen conceived that the said Duke is and long hath béen an Abettor and Protector These Actions of the said Duke have thus among us hindred the service of your Majesty by reason both of the interruptions that have so necessarily accompanied them and of the prevention of our chéerfulness which otherwise had long since béen most effectually shewed in us that have nothing else in our cares next to our duty to God but the loyal service of your Majesty the safety of your Kingdom and the subsistence of our selves and those whom we represent
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
our Friends and Allies who must prosper or suffer with us would have led them to a due and a timely consideration of all the means which might best conduce to those ends which the Lords of the Higher-House by a Committee of that House did timely and seasonably consider of and invited the Commons to a Conference concerning that great business At which Conference there were opened unto them the great occasions which pressed his Majesty which making no impression with them his Majesty did first by Message and after by Letters put the House of Commons in minde of that which was most necessary the defence of the Kingdom and due and timely preparations for the same The Commons House after this upon the 27 of March last with one unanimous consent at first agreed to give unto his Majesty three intire Subsidies and three Fifteens for a present supply unto him and upon the 26 of April after upon second Cogitations they added a fourth Subsidy and ordered the dayes of payment for them all whereof the first should have been on the last day of this present June Upon this the King of Denmark and other Princes and States being engaged with his Majesty in this common Cause his Majesty fitted his occasions according to the times which were appointed for the payment of those Subsidies and Fifteens and hasted on the Lords Committees and his Council at War to perfect their Resolutions for the ordering and setling of his designs which they accordingly did and brought them to that maturity that they found no impediment to a final conclusion of their Councels but want of mony to put things into action His Majesty hereupon who had with much patience expected the real performance of that which the Commons had promised finding the time of the year posting away and having intelligence not onely from his own Ministers and Sujects in Forrein parts but from all parts of Christendom of the great and powerfull preparations of the King of Spain and that his design was upon this Kingdom or the Kingdom of Ireland or both and it is hard to determine which of them would be of worst consequence He acquainted the House of Commons therewith and laid open unto them truly and clearly how the state of things then stood and yet stand and at several times and upon several occasions reiterated the same But that House being abused by the violent and ill-advised passions of a few Members of the House for private and personal ends ill-beseeming publick persons trusted by their Country as then they were not onely neglected but wilfully refused to hearken to all the gentle admonitions which his Majesty could give them and neither did nor would intend any thing but the prosecution of one of the Peers of this Realm and that in such a disordered manner as being set at their own instance into a legal way wherein the proofs on either part would have ruled the cause which his Majesty allowed they were not therewith content but in their intemperate passions and desires to seek for Errors in another fell into a greater Error themselves and not onely neglected to give just satisfaction to his Majesty in several Cases which happened concerning his Regality but wholly forgot their engagements to his Majesty for the publick defence of the Realm whereupon his Majesty wrote the forementioned Letter to the Speaker dated the ninth day of June 1626. Notwithstanding which Letter read in the House being a clear and gracious Manifest of his Majesties Resolutions they never so much as admitted one Reading to the Bill of Subsidies but instead thereof they prepared and voted a Remonstrance or Declaration which they intended to prefer to his Majesty containing though palliated with glossing terms aswel many dishonorable aspersions upon his Majesty and upon the sacred memory of his deceased Father as also dilatory excuses for their not proceeding with the Subsidies adding thereto also coloured conditions crossing thereby his Majesties direction which his Majesty understanding and esteeming as he had cause to be a denial of the promised Supply and finding that no admonitions could move no reasons or perswasions could prevail when the time was so far spent that they had put an impossibility upon themselves to perform their promises when they esteemed all gracious Messages unto them to be but interruptions His Majesty upon mature advisement discerning that all further patience would prove fruitless on the fifteenth day of this present moneth he hath dissolved this unhappy Parliament The acting whereof as it was to his Majesty an unexpressible grief for the memory thereof doth renew the hearty sorrow which all his good and well affected Subjects will compassionate with him These passages his Majesty hath at the more length and with the true Circumstances thereof expressed and published to the world least that which hath been unfortunate in it self through the malice of the Author of so great a mischief and the malevolent report of such as are ill-affected to this State or the true Religion here professed or the fears or jealousies of Friends and dutifull Subjects might be made more unfortunate in the consequences of it which may be of worse effect then at the first can be well apprehended and his Majesty being best privy to the integrity of his own heart for the constant maintaining of the sincerity and unity of the true Religion professed in the Church of England and to free it from the open contagion of Popery and secret infection of Schism of both which by his publick Acts and Actions he hath given good testimony and with a single heart as in the presence of God who can best judge thereof purposeth resolutely and constantly to proceed in the due execution of either and observing the subtilty of the adverse party he cannot but believe that the hand of Joab hath been in this disaster that the common Incendiaries of Christendom have subtilly and secretly insinuated those things which unhappily and as his Majesty hopeth beyond the intentions of the Actors have caused these diversions and distractions And yet notwithstanding his most excellent Majesty for the comfort of his good and well-affected Subjects in whose loves he doth repose himself with confidence and esteemeth it as his greatest riches for the assuring of his Friends and Allies with whom by Gods assistance he will not break in the substance of what he hath undertaken for the discouraging of his Adversaries and the Adversaries of his Cause and of his Dominions and Religion hath put on this resolution which he doth hereby publish to all the world That as God hath made him King of this great people and large Dominions famous in former ages both by Land and Sea and trusted him to be a Father and Protector both of their Persons and Fortunes and a Defender of the Faith and true Religion so he will go on cheerfully and constantly in the defence thereof and notwithstanding so many difficulties and discouragements will take his
they Ordered That all such Duties and Merchandizes shall be levied and paid And they advised the King That the Attorney General prepare for his Majesties Signature an Instrument which may pass under the Great Seal of England to declare his pleasure therein until by Parliament as in former times it may receive an absolute settlement Which passed the Great Seal accordingly The Forfeitures arising to the Crown by the execution of the Laws against Priests Jesuites and Popish Recusants were dedicated to the vast and growing charge of the Designs in hand And Complaint being made against Inferior Officers whose service was herein employed that they had misdemeaned themselves to the oppressing of Recusants without advantage to the King Commissioners of honorable Quality were appointed for the regulating of these proceedings yet no Liberty given to the encouragement or countenance of such dangerous persons as might infect the People or trouble the Peace of Church and State The King therefore Grants a Commission under the Great Seal directed to the most Reverend Father in God Toby Archbishop of York Sir Iohn Savile Knight Sir George Manners Sir Henry Slingsby Sir William Ellis Knights and to divers other Knights and Gentlemen and therein recites THat his Majesty hath received credible Information of the great loss and damages which the Kings Subjects living in Maritime Towns especially in the Northern parts do suffer by depredations attempts and assaults at Sea from Foreign Enemies whereby Trade from those parts are interrupted and the City of London much endamaged for want of Coals and other Commodities usually transported thither from Newcastle upon Tine For redress of which evil his Majesty doth think fit to appropriate and convert all such Debts sums of Money Rents Penalties and Forfeitures of all Recusants inhabiting in the Counties of York Durham Northumberland Cumberland Westmorland Lancaster Nottingham Derby Stafford and Chester which at any time have grown due since the Tenth year of King James and are not yet satisfied or which hereafter shall grow due by reason of any Law or Statute against Recusants to be employed for the maintenance provision arming manning victualling and furnishing of Six able Ships of War for guarding and defending the Coast of this Realm from the furthest North-East point of the Sea unto the mouth of the River of Thames his Majesty further expressing in the said Commission That his Subjects who are owners of Coalâ—Pits the Oast-men of Newcastle upon Tine Owners of Ships and Merchants Buyers and Sellers of Newcastle Coals have béen and are willing to contribute and pay for every Chaldron for the uses aforesaid Wherefore his Majesty upon the considerations before-mentioned doth by his said Commission give power unto the said Commissioners or any four or more of them to treat and make Composition and Agréement with the said Recusants inhabiting within the said Counties for Leases of all their Manors Lands Tenements c. within those Counties for any term of years not excéeding One and forty years and for all Forfeitures due since the Tenth year of King James for their Recusancy in not going to Church to hear Divine Service according to the Laws and Statutes of this Realm under such Condition and Immunities as they or any four of them shall sée méet and convenient according to such Instructions as his Majesty hath or shall give for that purpose his Majesty rather desiring their Conversion then Destruction And such Leases his Majesty doth declare made to the said Recusants themselves or to any persons for their use shall be good and effectual any Law or Statute to the contrary notwithstanding And by the said Commission Sir Iohn Savile was appointed Receiver of all such sums of Money as shall be paid upon these Leases and Mr. Alexander Davison of the Town of Newcastle upon Tine Merchant Adventurer was appointed to receive out of the voluntary and free-wil Contribution of the Owners Buyers and Sellers of Coals the Six pence per Chaldron of Coals In pursuance of this Commission the Recusants did make their Composition upon very easie terms as was afterwards complained of in Parliament A Proclamation was published declaring the Kings Resolution to make his Revenue certain by granting his Lands as well holden by Copy as otherwise to be holden in Fee-farm To the Nobles the King sent particularly to let them know That according to the Presidents of former times wherein the Kings and Queens of England upon such extraordinary occasions have had recourse to those Contributions which arose from the Subjects in general or to the private helps of some that were well affected he doth now expect from them such a large and chearful testimony of their Loyalty as may be acceptable to himself and exemplary to his people His Majesty demanded of the City of London the Loan of an Hundred thousand pounds But the peoples excuses were represented to the Council Table by the Magistrates of the City Immediately the Council sent a very strict command to the Lord Major and Aldermen wherein they set forth the Enemies strong preparations as ready for an Invasion and the Kings great necessities together with his gratious and moderate Proposals in the sum required and the frivolous pretences upon which they excuse themselves Wherefore they require them all excuses being set apart to enter into the business again and to manage the same as appertaineth to Magistrates so highly intrusted and in a time of such necessities and to return to his Majesty a direct and speedy Answer that he may know how far he may relie upon their Faith and Duty or in default thereof may frame his Counsels as appertaineth to a King in such extream and important occasions Moreover a peculiar charge was laid upon the several Ports and Maritime Counties to furnish and set out Ships for the present service The Privy Council expressing his Majesties care and providence to guard his own Coasts against attempts from Spain or Flanders by arming as well the Ships of his Subjects as of his own Navy made a distribution to every Port that with the Assistance and Contribution of the Counties adjoyning they prepare so many Ships as were appointed to them severally and in particular the City of London was appointed to set forth Twenty of the best Ships that lay in the River with all manner of Tackle Sea-stores and Ammunition Manned and Victualled for Three Moneths The Deputy Lieutenants and Justices of the Peace of Dorset having received the Kings Commandment for the setting forth of Ships from the Ports of Pool Weymonth and Lime with the assistance of Contribution from the Counties adjoyning presented to the Council Table an excuse in the behalf both of the Ports and County and pleaded That the Case was without President The Council gave them a check for that instead of Conformity they disputed the Case letting them know That State occasions and the defence of the Kingdom in times of extraordinary danger were not
to be guided by ordinary Presidents In like manner the Lord Major and Commonalty of London petitioned the Council for an Abatement of the Twenty Ships rated upon them unto Ten Ships and two Pinnaces alleadging disability whereunto the Council gave this following Answer That the former Commandement was necessary the preservation of the State requiring it and that the charge imposed on them was moderate as not exceeding the value of many of their private estates That Petitions and Pleadings to this Command tend to the danger and prejudice of the Commonwealth and are not to be received That as the Commandment was given to all in general and every particular of the City so the State will require an accompt both of the City in general and of every particular And whereas they mention Presidents they might know that the Presidents of former times were Obedience not Direction and that Presidents were not wanting for the punishment of those that disobey his Majesties Commands signified by that Board which they hope shall have no occasion to let them more particularly understand Hereupon the Citizens were glad to submit and declared their consent to the Kings Demands and by Petition to the Council had the favor to nominate all the Officers of those Twenty Ships the Captains onely excepted the nomination of whom appertained to the Lord High Admiral of England Then there were likewise issued forth Privy Seals to several persons to others the way of Benevolence was proposed And because the late Parliament resolved to have given the King Four Subsidies and Three Fifteens the sums which the King required were according to that proportion And to prevent misunderstandings it was declared unto the Countrey That the Supplies now demanded were not the Subsidies and Fifteens intended to be given by the Parliament but meerly a free gift from the Subject to the Soveraign upon such weighty and pressing occasions of State The Justices of Peace in the several Counties were directed by the Privy Council to send for persons able to give and to deal with them singly by using the most prevailing perswasions Amidst these Preparations the Kingdom being exposed to dangers both Forein and Domestick a general Fast was observed on the Fifth of Iuly in the Cities of London and Westminster and places adjacent and on the Second of August throughout the Kingdom to implore a blessing upon the endeavors of the State and the diverting of those judgments which the sins of the Land deserve and threaten And for the defence of this Realm threatned with a powerful Invasion extraordinary Commissions were given to the Lords Lieutenants of the several Counties to Muster the Subjects of whatsoever degree or dignity that were apt for War and to try and array them and cause them to be armed according to their degrees and faculties as well Men of Arms as other Horsmen Archers and Footmen and to lead them against publick Enemies Rebels and Traytors and their adherents within the Counties of their Lieutenancy to repress slay and subdue them and to execute Martial Law sparing and putting to death according to discretion And in case of Invasions Insurrections Rebellions and Riots without the limits of their respective Counties to repair to the places of such Commotions and as need required to repress them by battel or any forcible means or otherwise either by the Law of this Realm or the Law Martial In like manner lest the deserting of the Coasts Ports and Sea Towns should expose those places to become a prey and invite the Enemy to an Invasion the Inhabitants and those that had withdrawn themselves to Inland places were required to return with their Families and Retinues and there to abide during those times of Hostility and Danger And for securing of the Coasts from Spain or Flanders some of the Kings Ships were employed in the River Elbe to prevent the furnishing of Spain from those parts with materials for shipping which occasioned a great discontent in those of Hamburgh for that their Neighbors of Lubeck and other Towns of the East Sea were free from this restraint insomuch that they resolved to force their passage by a Fleet of Fifty or threescore sail of Ships Whereupon the Lord Admiral informed the Council that his Majesties charge at Hamburgh was expended to little purpose except also the Sound could be shut up against all shipping that should carry prohibited Commodities especially since the Hamburgers send their Commodities by Land to Lubeck to be transported from thence into Spain and that the States and the King of Denmarks Ships are departed from the Elbe and have left the English alone Moreover the King prepared a Royal Fleet which was now at Portsmouth ready to put to Sea under the command of the Lord Willoughby and given out to be designed for Barbary The King of Denmark having put forth a Declaration of the Causes and Grounds wherefore he took up Arms against the Emperor declared one cause thereof to be FOrasmuch as the Elector Palatine by the procurement of the King of Great Britain and him the King of Denmark had offered his Submission to his Imperial Majesty and to crave Pardon and thereupon was in hopes to have his Patrimony with the Dignities of his Ancestors restored Yet notwithstanding the Emperor did still commit great spotles and acts of hostility in his Countrey giving no regard to the said Submission and had much damnified the Lower Saxony by the Forces which he had brought thither under Tilly. Whereupon he sayes the Princes of the Lower Saxony have desired the aid and assistance of him the King of Denmark to settle the Peace and Liberty of Germany who was resolved to take up Arms and with whom he was resolved for to joyn having the like assurance from the King of Great Britain who had déeply engaged to assist in this War for the restitution of the Elector Palatine Therefore the King of Denmark declares That séeing all Prayers Mediations and Accessions cannot prevail with his Imperial Majesty he will endeavor to procure a peace and settlement by force which he should have béen glad would have béen ordained unto him upon fair terms of Treaty In the beginning of the year divers Towns were taken by the King of Denmark and some retaken by Tilly but the Seven and twentieth of August decided the Controversie on which day the King of Denmark upon the approach of Tilly desiring to decline battel with the Emperors old Soldiers many of his own men being new levied Soldiers endeavored to make his retreat but Tilly followed so close his Rear-guard that he kept them in continual action till the King of Denmark saw no remedy but that he must either fight or lose the Rear of his Army and Train of Artillery Whereupon his Commanders advised him to resolve of a place of advantage and face about and give battel which accordingly they did and both Armies drew up near Luttern
Madam Saint George that he was resolved no longer to endure it So the King dismissed and sent back into France the Queens Retinue of French first paying all that was due for Wages or Salaries and gave the King of France an account of the action by the Lord Carlton for the preserving of their mutual Correspondency and Brotherly Affection But this Dismission was ill resented in France and Audience denied to the Lord Carlton and the matter was aggravated high at the French Court as a great violation of the Articles of the Marriage And those persons who returned into France being for the most part yonger-brothers and had parted with their Portions at home in expectation of raising their Fortunes in the service of the Queen of England did heighten the discontent This jarring with France breaks forth to a publick War and King Charles is at once engaged against Two Great and Mighty Princes It is not our purpose to relate the particulars of those private transactions which were here in England concerning the preparing of a Fleet and Army nor how the same was managed at first by an Abbot who had relation to the Duke of Orleance and had been disobliged by Cardinal Richlieu This Man was full of Revenge against the Cardinal and labored much and at last effected the dismissing of the French about the Queen his cheif end therein was to put an affront upon Richlieu and withal to heighten the differences between the Two Crowns of England and France to which purpose he remonstrated to the Duke of Buckingham the Commotions and Discontents that were in France and how hardly the Protestants there were treated notwithstanding the Edict of Peace procured by the Mediation of the King of Great Britain This Abbots Negotiation with the Duke procured the sending of Devic from the King of England to the Duke of Rhoane who was drawn to engage to raise Four thousand Foot and Two hundred Horse upon the landing of the English Army in France but not before This private transaction was also managed by Mr. Walter Montague but in another capacity The Duke of Sobiez and Monsieur St. Blanchard contributed their endeavors also to hasten the Fleet and the raising of the Army in England against the French for the relief of those of the Reformed Religion there The King declared as a ground of his War with France That the House of Austria conspiring the ruine of all those of the Reformed Religion throughout Christendom as he said plainly appeared in the affairs of Germany had such an influence upon the Council of France as to prevail with them to obstruct the landing of Count Mansfields Army contrary to promise with whom the French should have joyned forces for the relief of the Palatinate and the German Princes which failer of performance in them proved the ruine of that Army the greatest part whereof perished and was by consequence the loss of the whole Protestant Party in Germany His Majesty further declared That having by his Mediation prevailed for a Peace between the French King and his Protestant Subjects and engaged his word That the Protestants should observe the Articles of Agreement Nevertheless the King of France contrary to the said Articles blocked up their Towns Garisons and Forts and had committed many spoils upon them when they had done nothing in violation of the Edict of Peace And that the King of France had committed an example of great injustice in full Peace to seise upon One hundred and twenty English Ships with all their Merchandise and Artillery for which Reasons the King was resolved to send a powerful Army and Navy to require satisfaction The Duke of Buckingham was made Admiral of this Fleet and Commander in chief of the Land forces and had a Commission to that purpose wherein it is expressed That his Majesty hath taken into his Princely consideration the distressed estate of his dear Brother-in-law and onely Sister the Prince and Princess Elector Palatine and their Children and finding himself in Nature and Honor nearly bound unto them At their request and for their just Relief in recovering their rightful Patrimony taken from them by the Advice of his Privy Council did the last year prepare and set out to Sea a Royal Fleet for Sea-service for performance of such services as on his Brother-in-laws and Sisters behalf his Majesty had designed And for the doing of those designs and for the honor and safety of his people his Majesty hath now prepared a new Fleet which he intends with all convenient expedition to set out to be employed as well by way of Offence as of Defence as shall be most behoveful for his said Brother-in-Law his service and therefore doth by the said Commission appoint the Duke of Buckingham to be Admiral Captain-General and Governor of his said Royal Fleet with such Soldiers and Land-forces as shall be conveyed therein for the accomplishment of such execution and employment as they shall be designed unto according to such private Instructions as his Majesty shall give unto the said Duke His Majesty by the said Commission giving to the Duke power to lead and conduct the said Navy and Army and with them to fight against his said Brother-in-law and Sisters enemies or the enemies of the Crown of England and to advance to the Order of Knighthood such persons employed in the Fleet Forces and Supplies as by their Valor Desert and good Service in this Expedition shall be thought fit in his the said Dukes discretion to merit the same and as to the Office of Captain-General doth appertain On the Seven and twentieth of Iune the Duke set fail from Portsmouth in order to the Relief of the Palatinate with the Fleet consisting of One hundred fail of Ships whereof Ten were of the Kings Royal Navy having aboard about Six or seven thousand Land-soldiers and towards the latter end of Iuly he appeared with his Fleet before Rochel who once much longed for their coming but now shut their Gates at their appearance Hereupon the Duke of Sobiez went a shore with Sir William Beecher from the Duke of Buckingham Sir William Beecher being also accompanied with a Letter of Credence from his Majesty of Great Britain they were at last admitted into the Town and the Magistrates called an Assembly and there Sir William Beecher declared unto them That the Duke of Buckingham was come with a great Fleet and Army to their assistance which his Master had sent out of a fellow-feeling of their sufferings and to require from the King of France a performance of the Articles of Peace made by the King of Englands Mediation on the behalf of the Protestants in France And further declared unto them That if they do now refuse to give their assistance by joyning forces with the English he said he would and did protest before God and Man in the name of the King his Master That his said Master was
some of the Bishops that were about London and some Divines and Civilians that by a good presence Causes might be handled for the reputation of the action and willed me therewithal to imitate therein the Lord Archbishop Whitgift who invited weekly some of the Judges to dinner the rather to allure them thither This advice proceeded from the Bishop of Durham that now is which was not ill if it came from a good intention I obeyed it singly and did that which was enjoyned But whereas in those times the Commissioners were but few since that time there hath been such an inundation of all sorts of men into that Company that without proportion both Lords Spiritual and Temporal Commissioners and not Commissioners resorted thither and divers of them brought so many of their men that it was truly a burthen to me I think it may by my Officers be justified upon Oath That since I was Archbishop the thing alone hath cost me out of my private estate One thousand pounds and a half and if I did say Two thousand pounds it were not much amiss besides all the trouble of my Servants who neither directly nor indirectly gained six pence thereby in a whole year but onely travel and pains for their Masters honor and of that they had enough My Houses being like a great Hostry every Thursday in the Term and for my expences no man giving me so much as thanks Now this being the true Case if the Church and Commonwealth be well provided for in the Administration of Justice and regard be had of the Publick can any discreet man think that the removing of me from this molestation is any true punishment upon me I being one that have framed my self to Reality and not to Opinion and growing more and more in years and consequently into weakness having before surfeited so long of worldly shews whereof nothing is truly gained temporally but vexation of spirit I have had enough of these things and do not dote upon them The world I hope hath found me more stayed and reserved in my Courses Nevertheless whatsoever was expedient for this was dispatched by me while I lived at Lambeth and Croyden albeit I went not out of door Yea but you were otherwise inutile not coming to the Star-chamber nor to the Council-Table My pain or weakness by the Gout must excuse me herein When I was younger and had my health I so diligently attended at the Star-chamber that for full seven years I was not one day wanting And for the Council-Table the same reason of my Indisposition may satisfie But there are many other things that do speak for me The greatest matters there handled were for Money or more Attempts of War For the one of these we of the Clergy had done our parts already the Clergy having put themselves into Paiments of Subsidy by an Act of Parliament not only for these two last years when the Temporalty lay in a sort dry but yet there are three years behind in which our Paiments run on with weight enough unto us And no man can justly doubt but my hand was in those Grants in a principal fashion And concerning the Provisions for War I must confess mine ignorance in the Feats thereof I knew not the grounds whereupon the Controversies were entred in general I thought that before Wars were begun there should be store of Treasure That it was not good to fall out with many great Princes at once That the turning of our Forces another way must needs be some diminution from the King of Denmark who was engaged by us into the Quarrel for the Palatinate and Germany and hazarded both his Person and Dominions in the prosecution of the Question These matters I thought upon as one that had sometimes been acquainted with Councils but I kept my thoughts unto my self Again I was never sent for to the Council-Table but I went saving one time when I was so ill that I might not stir abroad Moreover I was sure that there wanted no Councellors at the Board the Number being so much increased as it was Besides I had no great encouragement to thrust my crasie Body abroad since I saw what little esteem was made of me in those things which belonged to mine own Occupation With Bishopricks and Deanries or other Church-Places I was no more acquainted then if I had dwelt at Venice and understood of them but by some Gazette The Duke of Buckingham had the managing of these things as it was generally conceived For what was he not fit to determine in Church or Commonwealth in Court or Council in Peace or War at Land or at Sea at Home or in Foreign parts Montague had put out his Arminian Book I threee times complained of it but he was held up against me and by the Duke magnified as a well-deserving man Cosens put out his Treatise which they commonly call The Seven Sacraments which in the first Edition had many strange things in it as it seemeth I knew nothing of it but as it pleased my Lord of Durham and the Bishop of Bath So the World did read We were wont in the High-Commission to repress obstinate and busie Papists In the end of King Iames his time a Letter was brought me under the Hand and Signet of the King That we must not meddle with any such matter nor exact the Twelve-pence for the Sunday of those which came not to the Church with which Forfeit we never medled And this was told us to be in contemplation of a Marriage intended with the Lady Mary the Daughter of France After the death of King Iames such another Letter was brought from King Charls and all Execution against Papists was suspended But when the Term was at Reading by open divulgation in all Courts under the Great Seal of England We and all Magistrates are set at liberty to do as it was prescribed by Law And now our Pursuvants must have their Warrants again and take all the Priests they can whereof Mr. Cross took fourteen or fifteen in a very short space Not long after all these are set free and Letters come from the King under his Royal Signet That all Warrants must be taken from our Messengers because they spoiled the Catholicks and carried themselves unorderly unto them especially the Bishops Pursuvants Whereas we had in all but two Cross my Messenger for whom I did ever offer to be answerable and Thomlinson for whom my Lord of London I think would do as much But the Caterpillers indeed were the Pursuvants used by the Secretaries men of no value and shifters in the world who had been punished and turned away by us for great misdemeanors But truth of Religion and Gods service was wont to overrule humane Policies and not to be overruled And I am certain that things best prosper where those courses are held But be it what it may be I could not tell what to make of this variation of the Compass since
get them to a Rendevouz and when they were come to a Rendevouz and he ready to set sail with the whole Fleet the winds proved contrary But some of the chief Commanders when they came into England spake somwhat loudly of other miscarriages at Rhee pleading much on the behalf of the Council of War And now when the unfortunate Action of Rhee was known and published throughout the Nation the cry of the People was so great and the Kings necessities so pressing that it was in every mans mouth A Parliament must needs be summoned For we have now provoked two potent neigbor Kings and near Enemies our Coasts and Ports were unguarded our able Commanders worne away or not imployed The Mariners come in multitudes to the Court at Whitehall in great disorder and confusion crying out for Pay and much ado there was to appease them The Enemies come into our Harbors survey our Rivers and the Fishermen can scarce look out A vast number of our Ships have been lost and taken in the three years past and the Merchants cease to build more because they were prest for the Kings service at a low rate and not paid and the Mariners flee from their own imployment fearing to be prest again And our Enemies grow upon us especially in the Eastern Countries We give you here a brief Account of such Arrearages as were behind and unpaid for Freight of Ships Seamens Wages and Materials for Shipping in the Years 1625 1626 1627. FOr freight of Merchants and Newcastle-Ships imployed in his Majesties service and for several Bills of provisions yet unpaid in the years 1625 1626 according to the former Estimates Privy-seals passed for the same l. 60000 s. 00 d. 00 For the freight of sundry Merchants and Newcastle-ships imployed in his Majesties service to the Isle of Rhee and other places in the year 1627 19560 12 04 For Seamens wages in the same year 1627 ending the last of this moneth 61957 19 08 The repairing of the Hulls Masts of the said Ships to make them fit only for imployment in the Narrow-Seas together with repair and for setting forth of the Nostredame and Sea-waller two Prise-ships 05761 10 04 For repairing the said Ships mentioned in the margin for their Hulls Masts c. at 1000 marks apeece 08000 00 00 For supply of 700 Tuns of Cordage taken out of his Majesties Stores for furnishing to Sea of several Fleets at 26 l. 13 s. 4 d. per Tun being demanded upon several Estimates to be made good at the end of each service and yet unpaid 18666 13 04 Besides these Arrears there were Demands made by the Navy for supplying the Stores with Mast Timber Plank Deal Sales Ropes Tar Tallow Iron Anchors c. the Sum of 26000 00 00 The Rochellers after the Dukes arrival in England sent their Deputies to his Majesty for succor and relief in their distressed condition and presented their Desires in nature of a Remonstrance to the King and the Lords of the Council wherein they gave his Majesty most humble thanks for the great assistance and comfort they had received by the Fleet sent in Iuly last whereof the Duke of Buckingham was Admiral which would have been of greater assistance unto them had the season of the year permitted their stay longer there or that the supply of Victuals and Ammunition had come unto them which his Majesty had assigned That they are given to understand that there is application made to the King of Denmark to propound the making of a Peace between the two Crowns of England and France a thing to be wished if really intended But the Proceedings of France with the Reformed Churches there hath hitherto been such as when they spake most fair and nothing but Peace uttered nothing less was intended and great advantages thereby have been taken against the Reformed Churches But in case the Treaty do proceed they humbly prayed that then his Majesty will be pleased to insist upon the Capitulation which was made upon his mediation and for which he passed his word that the Reformed Churches should perform on their part which they kept inviolable till there were Forces placed and kept in Forts against them contrary to Capitulation and more Forces drawn down in order to the reduction of the Remonstrants and a Fleet unexpectedly come upon them to destroy their Navigation when nothing on their part was offered in violation of the Treaty They did further remonstrate That now the Forces of France are breaking down apace about them totally to block them up by Land and do intend to make a Barracado cross the Channel leaving a narrow passage for the flux and reflux of the Sea and by that means to stop all manner of Provisions by Sea which evidently remonstrates their further ruine if they with all expedition have not succor and help from his Majesty of Great Britain For their necessities and straits are very great already by reason their Magazines are consumed their monies spent and the Inhabitants reduced to small allowances And therefore do beseech his Majesty with all possible diligence to send them supply of all sorts of Provisions fit for a Siege and to succor them once more with the Navy-Royal to interrupt the blocking up of the River otherwise they are inevitably lost And lastly they did humbly beseech his Majesty and the Lords of his Council to have also so far pity of their indigencie and need as to permit a General Collection to be made in England and Scotland of such persons whom God shall move to contribute to their succor and relief And declare that they are resolved still to hold out hoping yet a Relief would come that might be of advantage unto them and they were assured thereof by the Duke of Buckingham at his departure that he would once more come in person to their assistance In this state of Affairs it is said Sir Robert Gotton being thereunto called presented his Advice to certain Lords of the Council in manner following AS soon as the House of Austria had incorporated it self with Spain and by their new Discoveries gotten to themselves the Wealth of the Indies They began to affect and have ever since pursued a Fifth Monarchy The Emperor Charls would lay the first Foundation of Italy by surprising Rome From this he was thrust by force and respect of Religion Hen. 8. being made Caput Foediris against him He then attempted High-Germany practising by faction and force to reduce them first to Petty States and so to his absolute power In this Hen. 8. again prevented him by laying the Lutheran Princes under this Confederacie and assistance His Son the Second Philip pursued the same Ambition in the Netherlands of Germany by reduction whereof he intended to make his way further into the others This the late Queen of England interrupted by siding with the afflicted people on the one part and making herself the Head of the
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
the Judges justly refused it but if the Judges did intend it we sit not here said he to answer the trust we are sent for if we present not this matter to his Majesty Let this business be further searched into and see how this Judgement lies against us and what the Judges do say concerning the same Sir Edw. Cook proceeded and said This Draught of the Judgement will sting us quia nulla causa fuit ostenta being committed by command of the King therefore he must not be bailed What is this but to declare upon Record that any Subject committed by such absolute command may be detained in Prison for ever What doth this tend to but the utter subversion of the choise Liberty and Right belonging to every free-born Subject of this Kingdom I fear were it not for this Parliament that followed so close after that form of Judgement was drawn up there would have been hard putting to have had it entred But a Parliament brings Judges Officers and all men in good order The Commons afterwards upon further debates of this matter desired that the Judges of the Kings-Bench might declare themselves concerning this business which was done accordingly and though it be a little out of time yet for coherence sake we bring it in here Judge Whitlock spake thus My Lords We are by your appointment here ready to clear any Aspersion of the House of Commons in their late presentment upon the Kings-Bench that the Subject was wounded in the Judgement there lately given If such a thing were My Lords your Lordships not they have the power to question and judge the same But My Lords I say there was no Judgement given whereby either the Prerogative might be enlarged or the Right of the Subject trenched upon It is true my Lords in Mich Tearm last four Gentlemen Petitioned for a Habeas Corpus which they obtained and Counsel was assigned unto them the Return was per speciale mandatum Domini Regis which likewise was made known to us under the Hands of Eighteen Privy-Councellors Now my Lords if we had delivered them presently upon this it must have been because the King did not shew cause wherein we should have judged the King had done wrong and this is beyond our knowledge for he might have committed them for other matters then we could have imagined but they might say thus they might have been kept in Prison all their dayes I answer no but we did remit them that we might better advise of the matter and they the next day might have had a a new Writ if they had pleased But they say we ought not to have denied bail I answer if we had done so it must needs have reflected upon the King that he had unjustly imprisoned theâ— And it appears in Dyer 2 Eliz. that divers Gentlemen being commâ—â—â—d and requiring Habeas Corpus some were bailed others remitted whereby it appears much is left to the discretion of the Judges For that which troubleth so much remittitur quousque This my Lords was onely as I said before to take time what to do and whereas they will have a difference between remittitur remittitur quousque My Lords I confess I can finde none but these are new inventions to trouble old Records And herein my Lords we have dealt with knowledge and understanding for had we given a Judgement the party must thereupon have rested every Judgement must come to an issue in matter in fact or demur in point of Law here is neither therefore no Judgement For endeavoring to have a Judgement entred it is true Mr Attorney pressed the same for his Majesties Servies But we having sworn to do right between his Majesty and his Subjects commanded the Clerk to make no Entry but according to the old form and the Rule was given by the Chief Justice alone I have spent my time in this Court and I speak confidently I did never see nor know by any Record that upon such a Return as this a man was bailed the King not first consulted with in such a Case as this The Commons House do not know what Letters and Commands we receive for these remain in our Court and are not viewed by them For the rest of the matters presented by the House of Commons they were not in agitation before us whether the King may commit and how long he may detain a man committed Therefore having answered so much as concerneth us I desire your Lorships good Construction of what hath been said Judge Doderidge concerning the same Subject said It is no more fit for a Judge to decline to give an accompt of his doings then for a Christian of his Faith God knoweth I have endeavored alwayes to keep a good Conscience for a troubled one who can bear The Kingdom holds of none but God and Judgements do not pass privately in Chambers but publickly in Courts where every one may hear which causeth Judgement to be given with maturity Your Lordships have heard the Particulars given by my brother how that Counsel being assigned to those four Gentlemen in the latter end of Mich. Term their Cause received hearing and upon consideration of the Statutes and Records we found some of them to be according to the good old Law of Magna Charta but we thought that they did not come so close to this Case as that bail should be thereupon presently granted My Lords the Habeas Corpus consisteth of three parts The Writ the Return upon the Writ or Schedule and the Entry or Rule reciting the Habeas Corpus and the Return together with the opinion of the Court either a remittitur or a traditur in Ballium In this Case a remittitur was granted which we did that we might take better advisement upon the Case and upon the remittitur My Lords they might have had a new Writ the next day and I wish they had because it may be they had seen more and we had been eased of a great labour And my Lords when the Attorney upon the Remittitur pressed an Entry we all straitly charged the Clerk that he should make no other Entry then such as our Predecessors had usually made in like Cases For the difference between Remittitur and Remittitur quousque I could never yet finde any I have now sate in this Court 15 years and I should know something surely if I had gone in a Mill so long dust would cleave to my clothes I am old and have one foot in the Grave therefore I will look to the better part as near as I can But Omina habere in memoria in nullo errare Divinum potius est quà m humà num The Lord Chief Justice Hide and Justice Iones delivered their opinions much to the same purpose The House proceeded in further debate of the Liberty of the Subject Mr Hackwel resumes the Debate of the matter concerning the Habeas Corpus The late Judgement said he which lies in Bar is
onely an Award and no Judgement and in the L. Chief Justice his Argument there was no word spoken that the King might commit or detain without cause For the King to commit a man is indignum Regi Mercy and Honor flow immediately from the King Judgement and Justice are his too but they flow from his Ministers the Sword is carried before him but the Scepter in his hands These are true Emblems of a good King The Law admits not the King power of detaining in Prison at pleasure In antient times Prisons were but pro custodia carceres non ad poenam sed ad custodiam Admit the King may commit a man yet to detain him as long as he pleaseth is dangerous and then a man shall be punished before his offence Imprisonment is a Maceration of the body and horror to the minde it is vita pejor morte Mr Selden last of all produced the Statutes Presidents and Book-Cases which were expresseâ— in point to the Question in hand and the House commanded that Case in the Lord Chief Justice Andersons Book all of his own hand-writing to be openly read And for the Presidentâ— cited by the Kings Council in 34 years of the Queen as the Opinion of all the Judges certainly there was a great mistake in it and the mistake was the greater when it passed as currant by the Judges of the Kings-Bench in the last Case of the Habeas Corpus And that the truth of the Opinion may clearly appear let us read the words out of the Lord Chief Justice Andersons Report out of the Book written with his own hand which will contradict all those Apocrypha Reports that go upon the Case The words of the Report were these Divers persons fueront committes a several temps a several prysons sur pleasure sans bon cause parte de queux estiant amesnes en banck le Roy. Et parte en le Commune banck fuerunt accordant a le ley de la terre mise a large discharge de le imprisonment pur que aucunt grands fueront offendus procure un commandment a les Iudges que ils ne fera ainsi apres Ceo nient meins les Iudges ne surcease mes per advise enter eux ils fesoint certain Articles le tenour de queux ensus deliver eux al seignieurs Chancelor Treasurer eux subscribe avec touts lour mainies les Articles sont come erisnoint We her Majesties Iustices of both Benches and Barons of the Exchequer desire your Lordships that by some good means some order may be taken that her Highness Subjects may not be committed or detained in prison by commandment of any Noble man or Councellor against the Laws of the Realm either else to help us to have access to her Majesty to the end to become Suitors to her for the same for divers have been imprisoned for suing ordinary Actions and Suits at the Common-Law until they have been constrained to leave the same against their wills and put the same to order albeit Iudgement and Execution have been had therein to their great losses and griefs for the aid of which persons her Majesties Writs have sundry times been directed to sundry persons having the Custody of such persons unlawfully imprisoned upon which Writs no good or lawfull cause of imprisonment hath been returned or certified Whereupon according to the Laws they have been discharged of their imprisonment some of which persons so delivered have been again committed to prison in secret places and not to any common or ordinary Prison or lawfull Officer or Sheriff or other lawfully authorized to have or keep a Goal So that upon complaint made for their delivery the Queens Courts cannot tell to whom to direct her Majesties Writs and by this means Iustice cannot be done And moreover divers Officers and Serjeants of London have been many times committed to Prison for lawfull executing of her Majesties Writs sued forth of her Majesties Court at Westminster and thereby her Majesties Subjects and Officers are so terrified that they dare not sue or execute her Majesties Laws her Writs and Commandments Divers others have been sent for by Pursevants and brought to London from their dwellings and by unlawfull imprisonment have been constrained not only to withdraw their lawfull suits but have been also compelled to pay the Pursevants so bringing such persons great sums of money All which upon complaint the Iudges are bound by Office and Oath to relieve and help by and according to her Majesties Laws And where it pleaseth your Lordships to will divers of us to set down in what Cases a Prisoner sent to custody by her Majesty or her Councel are to be detained in Prison and not to be delivered by her Majesties Court or Iudges We think that if any person be committed by her Majesties command from her person or by order from the Council board and if any one or two of her Council commit one for high Treason such persons so in the Cases before committed may not be delivered by any of her Courts without due Trial by the Law and Iudgement of acquittal had Nevertheless the Iudges may award the Queens Writ to bring the bodies of such Prisoners before them and if upon return thereof the causes of their commitment be certified to the Iudges as it ought to be then the Iudges in the Cases before ought not to deliver him but to remand the Prisoner to the place from whence he came which cannot conveniently be done unless notice of the cause in general or else in special be given to the Keeper or Goaler that shall have the Custody of such a Prisoner All the Iudges and Barons did subscribe their names to these Articles Ter. Paschae 34 Eliz. and delivered one to the L. Chancellor and another to the L. Treasurer after which time there did follow more quietness then before in the Cause before mentioned After the reading of this Report Sir Edw. Cook said That of my own knowledge this Book was written with my L. Andersons own hand it is no flying report of a young Student I was Solicitor then and Treasurer Burley was as much against Commitment as any of this Kingdom It was the White Staves that made this stir Let us draw towards a conclusion The Question is whether a Feeman can be imprisoned by the King without setting down the cause I leave it as bare as Aesops Crow they that argue against it Humores moti non remoti corpus destruunt It is a Maxime the Common-Law hath admeasured the Kings Prerogative that in no Case it can prejudice the Inheritance of the Subjects had the Law given the Prerogative to that which is taken it would have set some time to it else mark what would follow I shall have an Estate of Inheritance for life or for years in my Land or propriety in my Goods and I shall be a Tenant at will for my liberty I shall have
abroad it is no less then a temporal Bamishment neither is it for his Majesties service to constrain his Subjects to imployment abroad Honor and Reward invites them rather to seek it but to be compelled stands not with our Liberty These Debates as to Confinement produced this resolution That no Freeman ought to be confined by any command from the King or Privy Councel or any other unless it be by Act of Parliament or by other due course or warrant of Law As for the matter of supply the Debate was put off till Friday following Thursday 3. of April Mr. Secretary Cook brought the House this Message from the King HIs Majesty having understood that some rumors were spread abroad of a sharp Message yesterday delivered by me and of some malicious words that the Duke should speak yesterday at the Councel-board he commanded me to tell you of the malice of those falss reports for that nothing fell from the Duke or that Board but what was for the good of this Assembly He would have you observe the malice of those spirits that thus put in these Jealousies Had the Duke so spoken he should have contradicted himself for all of us of the Councel can tell he was the first mover and perswader of this Assembly of Parliament to the King Esteem of the King according to his actions and not these tales His Majesty takes notice of our purpose that on Friday we will resolve upon Supply which his Majesty graciously accepts of and that our free gift without any condition should testifie to the world that we will be as far from incroaching upon his Prerogative as he will be to incroach upon our Liberties and this shall well appear when we present our Grievances to him and then we shall know that he hath no intention to violate our Liberties onely let us not present them with any asperity of words he counts it his greatest Glory to be a King of Freemen not of Villains He thought to have delivered this Message himself but that he feared it would take us too much time Then he added a word of his own Yesterday after dinner we attended his Majesty and he asked us what we had done We said we had entred into the consideration of Supply and that the final resolution was deferred till Friday and that this was done for just reasons to joyn the business of his Majesties and our Countries together and this would further his Majesty and it would give content to the Countrey and that this union here might be spread abroad in the World His Majesty answered For Gods sake why should any hinder them in their Liberties if they did it not I should think they dealt not faithfully with me You may see a true Character of his Majesties disposition let us proceed with courage and rest assured his Majesty will give great ear unto us and let us all joyn to make a perfect union to win the Kings heart we shall find a gracious answer from the King and a hearty cooperation from those that you think to be averse to us UPon the delivery of this Message some stood up and professed they never heard of any such sharp Message or words the day before or that any was so bold as to interpose himself They acknowledged his Majesty had put a threefold Obligation on them First in giving them satisfaction Secondly in giving them assurance which is a great Law that he will protect and relieve them Thirdly in giving them advice as may befit the Gravity of that Assembly and his own Honor So they concluded to carry themselves as their Progenitors before had done who never were marked for stepping too far on the Kings Prerogative and they returned their humble thanks to his Majesty THe day following Mr. Secretary Cook delivered another Message from the King viz. His Majesty hath again commanded me to put you in mind how the eyes and interest of the Christian world are cast upon the good or evil success of this Assembly He also graciously taketh notice of that which is in agitation amongst us touching the freedom of our Persons and propriety of our Goods and that this particular care which he no way misliketh may not retard our resolution for the general good he willeth us chearfully to proceed in both and to express our readiness to supply his great occasions upon assurance that we shall enjoy our Rights and Liberties with as much freedom and security in his time as in any age heretofore under the best of our Kings and whether you shall think fit to secure our selves herein by way of Bill or otherwise so as it be provided for with due respect of his Honor and the publique good whereof he doubteth not but that you will be careful he promiseth and assureth you that he will give way unto it and the more confidence you shall shew in his grace and goodness the more you shall prevail to obtain your own desires Vpon this occasion Mr. Pym spake THat in business of weight dispatch is better then discourse We came not hither without all motives that can be towards his Majesty had he never sent in this message We know the danger of our Enemies we must give Expedition to Expedition let us forbear particulars A man in a journey is hindred by asking too many questions I do believe our peril is as great as may be every man complains of it that doth incourage the Enemy our way is to take that that took away our estates that is the Enemy to give speedily is that that the King calls for A word spoken in season is like an Apple of Silver and actions are more precious then words let us hasten our Resolutions to supply his Majesty And after some debate they came to this unanimous Resolve That five Subsidies be given his Majesty and Mr. Secretary Cook was appointed to acquaint his Majesty with the Resolution of the House Monday the 7. of April Mr. Secretary Cook reported to the House the Kings acceptance of the Subsidies and how his Majesty was pleased to ask by how many voyces they were gained I said but by one His Majesty asked how many were against him I said none for they were voted by one voyce and one general consent His Majesty was much affected therewith and called the Lords in Councel and there I gave them account what had passed besides it gave his Majesty no small content that although five Subsidies be inferior to his wants yet it is the greatest gift that ever was given in Parliament and now he sees with this he shall have the affections of his People which will be greater to him then all value He said he liked Parliaments at the first but since he knew not how he was grown to a distaste of them but was now where has was before he loves them and shall rejoyce to meet with his People often Vpon the giving of the five Subsidies the
lege regerentur And though the Book of Litchfield speaking of the times of the Danes says then Ius sopitum erat in regno leges consuetudines sopitae sunt and prava voluntas vis violentia magis regnabant quam Judicia vel Justitia yet by the blessing of God a good King Edward commonly called St. Edward did awaken those Laws and as the old words are Excitatas reparavit reparatas decoravit decoratas confirmavit which Confirmavit shews that good King Edward did not give those Laws which William the Conqueror and all his Successors since that time have sworn unto And here my Lords by many Cases frequent in our modern Laws strongly concurring with those of the ancient Saxon Kings I might if time were not more precious demonstrate that our Laws and Customs were the same I will onely intreat your Lordships leave to tell you That as we have now even in those Saxon times they had their Court Barons and Court Leets and Sheriffs Courts by which as Tacitus says of the Germanes their Ancestors Iura reddebant per pagos vicos and I do believe as we have now they had their Parliaments where new Laws were made cum consensu Praelatorum Magnatum totius Communitatis or as another writes cum consilio Praelatorum Nobilium sapientium Lâ—icorum I will add nothing out of Glanvile that wrote in the time of Hen. 2. or Bracton that writ in the days of Hen. 3. onely give me leave to cite that of Fortescue the learned Chancellor to Hen. 6. who writing of this Kingdom says Regnum istud moribus nationum regum temporibus eisdem quibus nunc regitur legibus consuetudinibus regebatur But my good Lords as the Poet said of Fame I may say of our Common Law Ingrediturque solo caput inter nubila condit Wherefore the cloudy part being mine I will make haste to open way for your Lordships to hear more certain Arguments and such as go on more sure grounds Be pleased then to know that it is an undoubted and fundamental Point of this so ancient Common Law of England That the Subject hath a true property in his goods and possessions which doth preserve as sacred that meum tuum that is the nurse of Industry and mother of Courage and without which there can be no Justice of which meum tuum is the proper object But the undoubted Birthright of true Subjects hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land and when according to the Laws and Statutes of this Realm redress hath been sought for in a legal way by demanding Habeas Corpus from the Judges and a discharge by trial according to the Law of the Land success hath failed that now inforceth the Commons in this present Parliament assembled to examine by Acts of Parliament Precedents and Reasons the truth of the English Subjects liberty which I shall leave to learned Gentlemen to argue NExt after Sir Dudly Diggs spake Mr. Ed Littleton of the Inner-Temple That their Lordships have heard that the Commons have taken into consideration the matter of personal Liberty and after long debate thereof they have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or restrained in Prison by the command of the King or Privy Councel or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with other of their Members to represent unto your Lordships the true grounds of their resolution and have charged me particularly leaving the reasons of Law and Precedents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and Commons by several Acts of Parliament the Authority whereof is so great that it can receive no Answer save by Interpretation or Repeal by future Statutes And these I shall minde your Lordships of are so direct in the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted in the 17th year of King Iohn and renewed in the 9 tâ— year of Hen. 3. and since confirmed in Parliament above 30. times the words there are Chap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatar nec super eum ibimus nec eum mittemus nisi per legale judicium Parium suorum vel per legem terrae He then proceeded to open and argued learnedly upon the several Particulars in the last recited Clause of Magna Charta and further shewed That no invasion was made upon this personal Liberty till the time of King Ed. 3. which was soon resented by the Subject for in the 5. Ed. 3. Chap. 9. it is enacted That no man from henceforth shall be attached on any occasion nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the Form of the great Charter and the Law of the Land and 25 Edw. 3. Chap. 4. it is more full and doth expound the words of the grand Charter which is thus Whereas it is contained in the grand Charter of the Franchises of England that none shall be Imprisoned nor put out of his Freehold nor free Custom unless it be by the Law of the Land it is awarded assented and established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Councel unless it be by Indictment or Presentment of his good and lawful People of the the same neighborhood which such Deed shall be done in due maner or by process made by Wâ—it original at the common Law nor that none be outed of his Franchises nor Office Freehold unless it be duly brought in Answer and fore-judged of the same by the course of the Law and that if any thing be done against the same it shall be redressed and holden for none and 28 Ed. 3. Chap. 3. it is more direct this Liberty being followed with fresh suit by the Subject where the words are not many but very full and significant That no man of what state and condition he be shall be put out of his Lands nor Tenements nor taken nor imprisoned nor disinherited nor put to death without it be brought in Answer by due process of the Law Several other Statutes were cited by him in confirmation of this point of the Liberty of the Subject The Kings Councel afterward made Objections to the said Argument
a free man imprisonable upon command or pleasure without cause expressed to be absolutely in worse case then a villain and if he did not make this plain he desired their Lordships not to believe him in any thing else and then produced two Book Cases 7. Edw. 3. fol. 50. in the new print 348. old print A Prior had commanded one to imprison his villain the Judges were ready to bayl him till the Prior gave his reason that he refused to be Bayliff of his Manour and that satisfied the Judges 2d Case 33. Edw. 3. title Tresp 253. in Faux imprisonment it was of an Abbot who commanded one to take and detain his villain but demanded his cause he gives it because he refused being thereunto required to drive his Cattel Ergo free men imprisoned without cause shewn are in worse case then villains that must have a cause shewn them why they are imprisoned 3. A Free man impisoned without cause is so far from being a Bondman that he is not so much as a man but is indeed a dead man and so no man imprisonment is in Law a civil death perdit domum familiam vicinos patriam and is to live amongst wretched and wicked men Malefactors and the like And that death and imprisonment was the same he proved by an Argument ab effectis because they both produce the like immediate effects he quoted a Book for this If a man be threatned to be killed he may avoid seoffment of Lands gifts of goods c. so it is if he be threatned to be imprisoned the one is an actual the other is a civil death And this is the first general Argument drawn a re ipsa from the nature of imprisonment to which res ipsa consilium dedit The second general Reason he took also from his books for he said he hath no Law but what by great pains and industry he learnt at his book for at ten years of age he had no more Law then other men of like age and this second reason is a minore ad majus he takes it from Bracton Minima poena corporalis est major qualibet pecuniaria But the King himself cannot impose a fine upon any man but it must be done judicially by his Judges per justitiarios in Curia non per regem in Camera and so it hath been resolved by all the Judges of England he quoted 3. R. 2. fo 11. The third general Reason is taken from the number and diversity of remedies which the Laws give against imprisonment Viz. Breve de homine replegiando De odio atia De Habeas Corpus An appeal of Imprisonment Breve de manucaptione The latter two of these are antiquated but the Writ De odio atia is revived for that was given by the Statute of Magna Charta Cha. 26. and therefore though it were repealed by Statute of 42. E. 3. by which it is provided that all Statutes made against Magna Charta are void now the Law would never have given so many remedies if the free men of England might have been imprisoned at free will and pleasure The fourth general Reason is from the extent and universality of the pretended power to imprison for it should extend not onely to the Commons of this Realm and their Posterities but to the Nobles of the Land and their progenies to the Bishops and Clergy of the Realm and their Successors And he gave a cause why the Commons came to their Lordships Commune periculum commune requirit auxilium Nay it reacheth to all persons of what condition or sex or age soever to all Judges and Officers whose attendance is necessary c. without exception and therefore an imprisonment of such an extent without reason is against reason The fifth general Reason is drawn from the indefiniteness of time the pretended power being limited to no time it may be perpetual during life and this is very hard to cast an old man into prison nay to close prison and no time allotted for his coming forth is a hard case as any man would think that had been so used And here he held it an unreasonable thing that a man had a remedy for his Horse or Cattle if detained and none for his body thus indefinitely imprisoned for a Prison without any prefixed time is a kinde of Hell The sixth and last Argument is a Fine and sapiens incipit a Fine and he wisht he had begun there also and this Argument he made three-fold Ab honesto This being less honourable Ab utili This being less profitable A tuto This Imprisonment by will and pleasure being very dangerous for King and Kingdom 1. Ab honesto It would be no honour to a King or Kingdom to be a King of Bond-men or Slaves the end of this would be both Dedecus Damnum both to King and Kingdom that in former times hath been so renowned Ab utili It would be against the profit of the King and Kingdom for the execution of those Laws before remembred Magna Charta 5. Ed. 3. 25. Ed. 3.28 Ed. 3. whereby the King was inhibited to imprison upon pleasure You see quoth he that this was vetus querela an old question and now brought in again after seven Acts of Parliament I say the execution of all these Laws are adjudged in Parliament to be for the common profit of the King and People and he quoted the Roll this pretended power being against the profit of the King can be no part of his Prerogative He was pleased to call this a binding Reason and to say that the wit of man could not answer it that great men kept this Roll from being Printed but that it was equivalent in force to the printed Rolls 3. A Reason a tuto It is dangerous to the King for two respects first of loss secondly of destroying of the endeavors of men First if he be committed without the expression of the cause though he escape albeit in truth it were for treason or felony yet this escape is neither felony nor treason but if the cause be expressed for suspicion of treason or felony then the escape though he be innocent is treason or felony He quoted a Cause in print like a reason of the Law not like Remittitur at the rising of the Court for the Prisoner traditur in ballium quod breve Regis non fuit susficiens causa The Kings Command He quoted another famous Case Commons in Parliament incensed against the Duke of Suffolk desire he should be committed The Lords and all the Judges whereof those great Worthies Prescot and Fortescue were two delivered a flat opinion that he ought not to be committed without an especial Cause He questioned also the name and etymologie of the Writ in question Corpus cum causa Ergo the Cause must be brought before the Judge else how can he take notice hereof Lastly he pressed a place in the Gospel Acts 25. last verse which Festus conceives is an
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
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort and strong hopes that this will prove as happy a Parliament as ever was in England And in their Consultations for the service of his Majesty and the safety of this Kingdom our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great wisdoms they doubt not have considered a great Body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient Order of their House But it is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded cannot but work in our hearts and we will faithfully report these Passages to our House from whence in due time we hope your Lordships shall receive a contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
do verily believe he doth very well understand what a miserable power it is which hath produced so much weakness to Himself and to the Kingdom And it is one happiness that he is so ready to redress it For mine own part I shall be very glad to see that old decrepite Law Magna Charta which hath been so long kept and lien bed-rid as it were I shall be glad to see it walk abroad again with new vigor and lustre attended and followed with the other six Statutes questionless it will be a great heartning to all the people I doubt not but upon a debating conference with the Lords we may happily fall upon a fair fit accommodation concerning the Liberty of our Persons and Propriety of our Goods I hope we may have a Bill to agree in the point against imprisonment for Loans or privy Seals As for intrinsecal power and reason of State they are matters in the Clouds where I desire we may leave them and not meddle with them at all left by the way of admittance we may lose somewhat of that which is our own already Yet this by the way I will say of reason of State That in the latitude by which 't is used it hath eaten out almost not onely the Laws but all the Religion of Christendom Now I will onely remember you of one Precept and that of the wisest man Be not over wise be not over just and he gives his reason for why wilt thou be desolate If Justice and Wisdom may be stretcht to desolation let us thereby learn that Moderation is the Vertue of Vertues and Wisdom of Wisdoms Let it be our Master-piece so to carry the business that we may keep Parliaments on foot For as long as they be frequent there will be no irregular Power which though it cannot be broken at once yet in short time it will be made and mouldred away there can be no total or final loss of Liberties as long as they last What we cannot get at one time we shall have at another Upon this debate it was ordered That a Committee of Lawyers do draw a Bill containing the substance of Magna Charta and the other Statutes that do concern the Liberty of the Subject which business took up two whole days Thursday the first of May. MAster Secretary Cook delivers a Message from his Majesty viz. to know whether the House will rest on his Royal Word or no declared to them by the Lord Keeper which if they do he assures them it shall be Royally performed Upon this there was a silence for a good space Then Mr. Secretary Cook proceeded This silence invites me to a further Speech and further to address my self Now we see we must grow towards an issue for my part how confident I have been of the good issue of this Parliament I have certified in this place and elsewhere and I am still confident therein I know his Majesty is resolved to do as much as ever King did for his Subjects All this Debate hath grown out of the sense of our Sufferings and a desire of making up again those Breaches that have been made Since this Parliament begun hath there been any dispence made of that which hath formerly been done when means were denied his Majesty being a yong King and newly come to his Crown which he found ingaged in a War what could we expect in such Necessities His Majesty called this Parliament to make up the Breach His Majesty assures us we shall not have the like cause to complain He assures the Laws shall be established what can we desire more all is that we provide for Posterity and that we do prevent the like suffering for the future Were not the same means provided by them before us can we do more we are come to the Liberty of the Subjects and the Prerogative of the King I hope we shall not adde any thing to our selves to depress him I will not divine I think we shall finde difficulty with the King or with the Lords I shall not deliver my opinion as Counsellor to his Majesty which I will not justifie and say here or at the Councel Board Will we in this necessity strive to bring our selves into a better Condition and greater Liberty then our Fathers had and the Crown into a worse then ever I dare not advise his Majesty to admit of that if this that we now desire be no Innovation it is all contained in those Acts and Statutes and whatsoever else we would adde more is a diminution to the Kings Power and an addition to our own We deal with a wise and prudent Prince that hath a Sword in his hand for our good and this good is supported by Power Do not think that by Cases of Law and Debate we can make that not to be Law which in experience we every day finde necessary make what Law you will if I do discharge the place I bear I must commit men and must not discover the Cause to any Jaylor or Judge if I by this Power commit one without just Cause the burthen falls heavy on me by his Majesties displeasure and he will remove me from my place Government is a solid thing and must be supported for our good Sir Robert Philips hereupon spake this That if the words of Kings strike impressions in the hearts of Subjects then do these words upon this occasion strike an impression into the hearts of us all to speak in a plain language we are now come to the end of our journey and the well disposing of an Answer to this Message will give happiness or misery to this Kingdom Let us set the Commonwealth of England before the eyes of his Majesty that we may justifie our selves that we have demeaned our selves dutifully to his Majesty And so the day following they had further Debate upon that matter the House being turned into a Grand Committee and Mr. Herbert in the Chair Some say that the Subject has suffered more in the violation of ancient Liberties within these few years then in Three hundred years before and therefore care ought to be taken for the time to come Sir Edward Cook said That that Royal word had reference to some Message formerly sent his Majesties word was That they may secure themselves any way by Bill or otherwise he promised to give way to it and to the end that this might not touch his Majesties Honor it was proposed that the Bill come not from the House but from the King We will and grant for us and our Successors and that we and our Successors will do thus and thus and it is the Kings Honor he cannot speak but by Record Others desired the House to consider when and where the late promise was made was it not in the face of both Houses Cruel Kings have been careful to perform their promises yea though they have been unlawful as Herod Therefore if we rest upon his Majesties promise
know the Kings Message come into a Bill of Subsidies all succeeding Kings will say Ye must trust me as well as you did my Predecessors and trust my Messages but Messages of love never came into a Parliament Let us put up a Petition of Right Not that I distrust the King but that we cannot take his trust but in a Parliamentary way On Thursday 8º Maii the Petition of Right was finished and the Clause of Martial Law was added unto it and it was delivered to the Lords at a Conference for their Concurrence the which Conference was managed by Sir Edward Cook and the same day as to the matter of supply ordered that the two first Subsidies should be paid 10º of Iuly one more 12º of October another on 20º of Decemb. and the last of 1º of March AT the Conference Sir Edward Cook thus expressed himself My Lords it is evident what necessity there is both in respect of your selves and your Posterities to have good success of this business We have acquainted your Lordships with the Reasons and Arguments and after we have had some conference we have received from your Lordships Propositions and it behoves me to give your Lordships some reasons why you have not heard from us before now for in the mean time as we were consulting of this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we should find much confidence in the Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever any Subjects have done in former times 5. That whether we shall think it fit either by Bill or otherwise to go on in this great Business his Majesty would be pleased to give way to it These gracious Messages did so work upon our affections that w◠have taken them into deep consideration My Lords when we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way we might go for our more secure way nay yours we did think it the safest way to go in a Parliamentary course for we have a Maxim in the House of Commons and written on the Walls of our House That old ways are the safest and surest ways And at last we did fall upon that which we did think if that your Lordships did consent with us it is the most ancient way of all and that is my Lords via fausta both to Majesty to your Lordships and to our selves for my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis this is an high point of Honor but this shall be done by the Lords and Commons and assented to by the King in Parliament this is the greatest Obligation of all and this is for the Kings Honor and our Safety Therefore my Lords we have drawn a Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous consent of all the House of Commons and there is great reason your Lordships should do so for your Lordships be involved in the same danger And so I have done with the first part and I shall now desire your Lordships leave that I may read that which I have so agreed on Here the Petition of Right was read but we forbear to insert it as yet because there were propositions for alteration and it is not perfect till the Royal assent be given to it From the Eighth to the Twelfth of May all Publique businesses were laid aside On Monday the Twelfth the Lords had a Conference with the Commons where the Lord Keeper made this Speech Gentlemen of the House of Commons MY Lords having a most affectionate desire to maintain that good concurrence that in this Parliament and others hath been of late between both Houses desired this Conference to acquaint you how and in what maner they have proceeded in the Petition of Right that came from this House and to let you know that assoon as they received it they with all care and expedition they possibly could addressed themselves to consider thereof and after good time spent in Debate in the whole House they made a Committee to consider whether retaining of the substance of the Petition there might not be some words altered or put in to make it more sweet to procure it a passable way to his Majesty we know this must be Crowned by the King and good must come to all the Kingdom by this course now taken The Committee hath met and hath propounded some small matters to be altered in some few words to make it passable and not in substance And the Lords having this Reported from their Committee and heard it read in their House resolved of nothing till they have your consent yet they think it fitter to have it propounded to you to consider whether there should be any alteration or no and how the propounded alterations may stand with your liking Concerning the Commitment by the King and the Councel without expressing the cause it was resolved by the Lords to debate it this morning and assoon as they should have debated it they purposed to have your concurrence with them before they resolved it but at instant when they thought to have debated it they received a Letter from his Majesty which they conceive will give a satisfaction to both Houses in the main point My Lords desiring to keep that good concurrence begun desired to communicate that Letter unto you that you might take the same into your considerations as they mean to do themselves This Letter is to be read unto you To the right Trusty and right well-beloved the Lords Spiritual and Temporal of the higher House of Parliament Carolus Rex WE being desirous of nothing more then the advancement of the Peace and Prosperity of our People have given leave to free Debate upon the highest Points of our Prerogative Royal which in the time of our Predecessors Kings and Queens of this Realm were ever restrained as matters that they would not have discussed and in other things we have been willing so far to descend to the desires of our good Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies which those Messages which we have heretofore sent into the Commons House will well demonstrate unto the world yet we finde it still insisted upon that in no case whatsoever should it never so nearly concern matters of State or Government we or our Privy Council have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service it self would thereby be destroyed and defeated and the cause
Exposition I apprehend must be made of the proposed words being added to our Petition And therefore I conclude that in my opinion we may not consent to this Addition which I submit to better Judgements The Commons afterwards appointed Mr. Glanvile and Sir Henry Martin to manage another Conference to be had with the Lords concerning the said matter and to clear the Sense of the Commons in that point the one argued the Legal the other the Rational part and though the matter delivered by the length of it may seem tedious to the Reader and some matters spoken of before repeated again yet if the Reader observe the Language and Stile as well as the subject Matter perhaps it will be no penance unto him Mr. Glanviles Speech in a full Committee of both Houses of Parliament 23. May 1628. in the Painted Chamber at Westminster MY Lords I have in charge from the Commons House of Parliament whereof I am a Member to express this day before your Lordships some part of their clear sense touching one point that hath occurred in the great Debate which hath so long depended in both Houses I shall not need many words to induce or state the question which I am to handle in this free Conference The subject matter of our meeting is well known to your Lordships I will therefore onely look so far back upon it and so far recollect summarily the proceedings it hath had as may be requisite to present clearly to your Lordships considerations the nature and consequence of that particular wherein I must insist Your Lords may be pleased to remember how that the Commons in this Parliament have framed a Petition to be presented to his Majesty a Petition of Right rightly composed relating nothing but truth desiring nothing but Justice a Petition justly occasioned a Petition necessary and fit for these times a Petition founded upon solid and substantial grounds the Laws and Statutes of this Realm sure Rocks to build upon a Petition bounded within due limits and directed upon right ends to vindicate some lawful and just Liberties of the free Subjects of this Kingdom from the prejudice of violations past and to secure them from future innovations And because my following discourse must reflect chiefly if not wholly upon the matter of this Petition I shall here crave leave shortly to open to your Lordships the distinct parts whereof it doth consist and those are four The first concerns Levies of Moneys by way of Loans or otherwise for his Majesties supply Declaring that no man ought and praying that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament 3. The second is concerning that Liberty of Person which rightfully belongs to the Free Subjects of this Realm expressing it to be against the 〈◊〉 of the Laws and Statutes of the Land that any Freeman should be imprisoned without cause shewed and then reciting how this Liberty amongst others hath lately been infringed it concludeth with a just and necessary desire for the better clearing and allowance of this priviledge for the future 3. The third declareth the unlawfulness of billeting or placing Soldiers or Mariners to sojourn in Free Subjects houses against their wills and prayeth remedy against that grievance 4. The fourth and last aimeth at redress touching Commissions to proceed to the Tryal and Condemnation of Offenders and causing them to be executed and put to death by the Law Marshal in times and places when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by none other ought to be adjudged and executed This Petition the careful House of Commons not willing to omit any thing pertaining to their duties or that might advance their moderate and just ends did heretofore offer up unto your Lordships consideration accompanied with an humble desire That in your Nobleness and Justice you would be pleased to joyn with them in presenting it to his Majesty that so coming from the whole Body of the Realm the Peers and People to him that is the Head of both our Gracious Soveraign who must crown the Work or else all our labour is in vain it might by your Lordships concurrence and assistance finde the more easie passage and obtain the better answer Your Lordships as your maner is in cases of so great importance were pleased to debate and weigh it well and thereupon you propounded to us some few amendments as you termed them by way of alteration alledging that they were onely in matters of form and not of substance and that they were intended to none other end but to sweeten the Petition and make it the more passable with his Majesty In this the House of Commons cannot but observe that fair and good respect which your Lordships have used in your proceedings with them by your concluding or Voting nothing in your House until you had imparted it unto them whereby our meetings about this business have been justly stiled Free Conferences either party repairing hither disingaged to hear and weigh the others Reasons and both Houses coming with a full intention upon due consideration of all that can be said on either side to joyn at last in resolving and acting that which shall be found most just and necessary for the honor and safety of his Majesty and the whole Kingdom And touching those propounded alterations which were not many your Lordships cannot but remember that the House of Commons have yielded to an accommodation or change of their Petition in two particulars whereby they hope your Lordships have observed as well as ye may they have not been affected unto words or phrases nor over-much abounding in their own sense but rather willing to comply with your Lordships in all indifferent things For the rest of your proposed amendments if we do not misconceive your Lordships as we are confident we do not your Lordships of your selves have been pleased to relinquish them with a new overture for one onely Clause to be added in the end or foot of the Petition whereby the work of this day is reduced to one simple head whether that Clause shall be received or not This yielding of the Commons in part unto your Lordships of other points by you somewhat insisted upon giveth us great assurance that our ends are one and putteth us in hope that in conclusion we shall concur and proceed unanimously to seek the same ends by the same means The clause propounded by your Lordships to be added to the Petition is this WE humbly present this Petition to your Majesty not onely with a care for preservation of our Liberties but with a due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of your People A clause specious in shew and smooth in words but in effect and consequence most
That the free Subjects of this Realm ought not to be imprisoned without cause shewed But by this Clause a Soveraign Power will be admitted and left intire to his Majesty sufficient to control the force of Law and to bring in this new and dangerous Interpretation That the free Subjects of this Realm ought not by Law to be imprisoned without cause shewed unless it be by Soveraign Power In a word this Clause if it should be admitted would take away the effect of every part of the Petition and become destructive to the whole for thence will be the Exposition touching the Billeting of Soldiers and Mariners in free mens houses against their wills and thence will be the Exposition touching the Times and Places for execution of the Law Marshal contrary to the Laws and Statutes of the Realm The scope of this Petition as I have before observed is not to amend our Case but to restore us to the same state we were in before whereas if this Clause be received in stead of mending the condition of the poor Subjects whose Liberties of late have been miserably violated by some Ministers we shall leave them worse then we found them in stead of curing their wounds we shall make them deeper We have set bounds to our desires in this great Business whereof one is not to diminish the Prerogative of the King by mounting too high and if we bound our selves on the other side with this limit not to abridge the lawful Priviledges of the Subject by descending beneath that which is meet no man we hope can blame us My Lords as there is mention made in the additional Clause of Soveraign Power so is there likewise of a trust reposed in his Majesty touching the use of Soveraign Power The word Trust is of great Latitude and large extent and therefore ought to be well and warily applied and restrained especially in the Case of a King There is a trust inseparably reposed in the Persons of the Kings of England but that trust is regulated by Law for example when Statutes are made to prohibite things not mala in se but onely mala quia prohibita under certain forfeitures and penalties to accrue to the King and to the Informers that shall sue for the breach of them The Commons must and ever will acknowledge a Regal and Soveraign Prerogative in the King touching such Statutes that it is in his Majesties absolute and undoubted Power to grant Dispensations to particular persons with the Clauses of Non obstante to do as they might have done before those Statutes wherein his Majesty conferring grace and favour upon some doth not do wrong to others but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded by those Statutes the Subject hath no interest in the penalties which are all the fruit such Statutes can produce until by Suit or Information commenced he become intituled to the particular forfeitures whereas the Laws and Statutes mentioned in our Petition are of another nature there shall your Lordships finde us to rely upon the good old Statute called Magna Charta which declareth and confirmeth the ancicient Common Laws of the Liberties of England There shall your Lordships also finde us also to insist upon divers other most material Statutes made in the time of King E. 4. and E. 3. and other famous Kings for explanation and ratification of the Lawful Rights and Priviledges belonging to the Subjects of this Realm Laws not inflicting Penalties upon Offenders in malis prohibitis but Laws declarative or positive conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as their Birthrights and Inheritance descendable to their Heirs and Posterity Statutes incorporate into the Body of the Common Law over which with reverence be it spoken there is no Trust reposed in the Kings Soveraign Power or Prerogative Royal to enable him to dispense with them or to take from his Subjects that Birthright or Inheritance which they have in their Liberties by vertue of the Common Law and of these Statutes But if this Clause be added to our Petition we shall then make a dangerous overture to confound this good destination touching what Statutes the King is trusted to controll by dispensations and what not and shall give an intimation to posterity as if it were the opinion both of the Lords and Commons assembled in this Parliament that there is a Trust reposed in the King to lay aside by his Soveraign Power in some amergent cases as well of the Common Law and such Statutes as declare or ratifie the Subjects Liberty or confer Interest upon their persons as those other Penal Statutes of such nature as I have mentioned before which as we can by no means admit so we believe assuredly that it is far from the desire of our most Gracious Soveraign to affect so vast a Trust which being transmitted to a Successor of a different temper might enable him to alter the whole frame and fabrick of the Commonwealth and to dissolve that Government whereby his Kingdom hath flourished for so many years and ages under his Majesties most Royal Ancestors and predecessors Our next Reason is That we hold it contrary to all course of Parliament and absolutely repugnant to the very nature of a Petition of Right consisting of particulars as ours doth to clog it with a general Saving or Declaration to the weakning of the Right demanded and we are bold to renew with some confidence our Allegation that there can be no Precedent shewed of any such Clause in any such Petitions in times past I shall insist the longer upon this particular and labour the more carefully to clear it because your Lordships were pleased the last day to urge against us the Statutes of 25 and 28 of E. 1. as arguments to prove the contrary and seemed not to be satisfied with that which in this point we had affirmed True it is that in those Statutes there are such Savings as your Lordships have observed but I shall offer you a clear Answer to them and to all other Savings of like nature that can be found in any Statutes whatsoever First in the general and then I shall apply particular Answers to the particulars of those two Statutes whereby it will be most evident that those examples can no ways sute with the matter now in hand To this end it will be necessary that we consider duely what that question is which indeed concerneth a Petition and not an Act of Parliament This being well observed by shewing unto your Lordships the difference between a Petition for the Law and the Law ordained upon such a Petition and opening truly and perspicuously the course that was holden in framing of Statutes before 2 H. 5. different from that which ever since then hath been used and is still in use amongst us and by noting the times wherein these Statutes
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
special Charge and Direction so soon as the said Fleet or the greatest thereof shall be reassembled and joyned together then presently with the first opportunity of wind taking into his Charge also the Ships stayed and prepared at Portsmouth and Plimouth together with such fire Ships and other Vessels as shall be provided for this expedition to return to Rotchel with all possible diligence and do his best endevor to relieve the same Letting his Lordship know that order is taken for the victualling of the Fleet by Petty warrant so long as it remaineth in Harbor for the sparing and lengthening of the Sea victuals And if it so fall out that the Earl of Denbigh do set forward on his voyage towards Rotchel before the whole Fleet shall be joyned with him we pray your Grace to give him such Direction that he may leave order that the Ships which are behind shall follow him with all speed Monday 2 Iune The King came to the Parliament and spake thus in brief to both Houses Gentlemen I Am come hither to perform my duty I think no man can think it long since I have not taken so many days in answering the Petition as ye spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in me lies After this the Lord Keeper spake as followeth MY Lords and ye the Knights Citizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you That he takes it in good part that in consideration of setling your own Liberties ye have generally professed in both Houses that ye have no intention for to lessen or diminish his Majesties Prerogative wherein as ye have cleared your own intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and a strength to his Majesties Prerogative and his Prerogative a defence of your Liberties in which his Majesty doubts not but both he and you shall take a mutual comfort hereafter and for his part he is resolved to give an example in the using of his power for the preservation of your Liberties that hereafter ye shall have no cause to complain This is the sum of that which I am to say to you from his Majesty And that which further remains is That you hear read your own Petition and his Majesties gracious Answer The Petition Exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or aide shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land and by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common censent in Parliament Yet nevertheless of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have been in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other places and others of them have been therefore Imprisoned Consined and sundry other ways molested and disquieted And divers other charges have been layed and levied upon your People in several Counties by Lords Lieutenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called The great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken or imprisoned or be disseised of his Freeholds or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Iudgement of his Peers or by the Law of the Land And in the eight and twentieth year of the reign of King Edward the third it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenor of the said Statutes and other the good Laws Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the Causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25 year of the reign of King Edward the third
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
People to pray for him hoping that God would enable him by some satisfactory benefit to make amends and comfort his Subjects for those pressures To these temporal Precedents of antient times which were alledged he added an Ecclesiastical Precedent out of a book called Pupilla Oculi being published for the instruction of Confessors in the Title De participantibus cum excommunicatis fol. 59. All the Articles of Magna Charta are inserted with this direction Hos articulos ignorare non debent quibus incumbit confessiones audire infra provinciam Cantuariensem He likewise remembred the Proclamation 8. Iac. for the calling in and burning of Doctor Cowel's book for which these reasons are given For mistaking the true state of the Parliament of the Kingdom and fundamental constitution and priviledges thereof For speaking irreverently of the Common Law it being a thing utterly unlawful for any Subject to speak or write against that Law under which he liveth and which we are sworn and resolve to maintain From these Precedents he collected that if former Parliaments were so careful of false rumors and news they would have been much more tender of such doctrines as these which might produce true occasions of discord betwixt the King and his People If those who reported the King would lay Impositions and break his Laws were thought such hainous offenders how much more should this man be condemned who perswaded the King he is not bound to keep those Laws If that great King was so far from challenging any right in this kinde that he professed his own sorrow and repentance for grieving his Subjects with unlawful charges If Confessors were enjoyned to frame the Consciences of the People to the observance of these Laws certainly such Doctrine and such a Preacher as this would have been held most strange and abominable in all these times The third general part was the conclusion or prayer of the Commons which consisted of three Clauses First they reserved to themselves liberty of any other accusation and for this he said there was great reason that as the Doctor multiplied his offences so they may renew their accusations Secondly they saved to themselves liberty of replying to his Answer for they had great cause to think that he who shifted so much in offending would shift much more in answering Thirdly they desire he might be brought to examination and judgement this they thought would be very important for the comfort of the present age for security of the future against such wicked and malitious practises And so he concluded that seeing the cause had strength enough to maintain it self his humble suit to their Lordships was That they would not observe his infirmities and defects to the diminution or prejudice of that strength NOt long after the Commons by their Speaker demanded Judgement of the Lords against the Doctor who not accounting his submission with tears and grief a satisfaction for the great offence wherewith he stood charged gave this Sentence 1. That Dr. Manwaring Doctor in Divinity shall be imprisoned during the pleasure of the House 2. That he be fined one thousand pounds to the King 3. That he shall make such submission and acknowledgement of his offences as shall be set down by a Committee in writing both at the Bar and in the House of Commons 4. That he shall be suspended for the time of three years from the exercise of the Ministery and in the mean time a sufficient preaching Minister shall be provided out of his livings to serve the Cure This suspension and provision to be done by the Ecclesiastical jurisdiction 5. That he shall be hereafter disabled to have any Ecclesiastical Dignity or secular Office 6. That he shall be for ever disabled to preach at the Court hereafter 7. That his said Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be all burnt accordingly in London and both the Universities and for the Inhibiting the printing thereof upon a great penalty Doctor Manwarings submission was in these words MAy it please this Honorable House I do here in all sorrow of Heart and true Repentance acknowledge the many Errors and Indiscretions which I have committed in preaching and publishing those two Sermons of mine which I called Religion and Allegiance and my great fault in falling upon this Theame again and handling the same rashly and unadvisedly in my own Parish Church of St. Giles in the Fields the fourth of May last past I do humbly acknowledge those three Sermons to have been full of many dangerous Passages Inferences and scandalous Aspersions in most part of the same And I do humbly acknowledge the Justice of this Honorable House in that Judgement and Sentence passed upon me for my great offence And I do from the bottom of my Heart crave pardon of God the King and this Honorable House and the Church and this Common-wealth in general and those worthy Persons adjudged to be reflected upon by me in particular for these great Errors and Offences Roger Manwaring Another Message was brought from his Majesty by the Speaker Tuesday 5 of June HIs Majesty wished them to remember the Message he last sent them by which he set a day for the end of this Session and he commanded the Speaker to let them know that he will certainly hold that day prefixed without alteration and because that cannot be if the House entertain more business of length he requires them that they enter not into or proceed with any new business which may spend greater time or which may lay any Scandal or Aspersion upon the State-government or Ministers thereof SIr Robert Phillips upon this occasion expressed himself thus I perceive that towards God and towards man there is little hope after our humble and careful endeavors seeing our Sins are many and so great I consider my own infirmities and if ever my Passions were wrought upon then now this Message stirs me up especially when I remember with what moderation we have proceeded I cannot but wonder to see the miserable straight we are now in What have we not done to have merited Former times have given wounds enough to the peoples Liberty we came hither full of wounds and we have cured what we could and what is the return of all but misery and desolation What did we aim at but to have served his Majesty and to have done that that would have made him Great and Glorious if this be a fault then we are all Criminous What shall we do since our humble purposes are thus prevented which were not to have laid any aspersion on the Government since it tended to no other end but to give his Majesty true information of his and our danger And to this we are enforced out of a necessity of duty to the King our Countrey and to Posterity but we
he hath prefixed and still resoves to hold that so for this time all Christendom might take notice of a sweet parting between him and his people Which if it fall out his Majesty will not be long from another meeting when such if there be any at their leisure and convenience may be considered Mr. Speaker proceeded I will observe somewhat out of this Message ye may observe a great inclination in his Majesty to meet in this House I was bold yesterday to take notice of that liberty ye gave me to go to his Majesty I know there are none here but did imagine whither I went but that I knew ye where desirous and content that I should leave you I would not have desired it give me leave to say this Message bars you not of your Right in matter nay not in manner but it reacheth to his Councels past and for giving him Councel in those things which he commanded It is not his Majesties intentions to protect any Abetter of Spain The end of this was that we might meet again sweetly and happily The House of Lords likewise received this Message by the Lord Keeper MY Lords his Majestie takes notice to your great advantage of the proceedings of this house upon the hearing of his Majesties message yesterday He accounts it a fair respect that ye would neither agree of any Committee or send any Message to his Majesty though it were in your own hearts but yeild your selves to his Majesties Message and defer your own resolutions till you meet again at the time appointed by his Majesty Yet his Majesty takes it in extream good part to hear what was in your heart and especially that ye were so sensible of the inconvenience that might ensue upon the breach of this Parliament Which if it had happened or shall hereafter happen his Majesty assures himself that he shall stand clear before God and men of the occasion But his Majesty saith ye had just cause to be sensible of the danger considering how the estate of Christendom now stands in respect of the multitude and strength of our Enemies and weakness on our part All which his Majesty knows very exactly and in respect therereof called this Parliament the particulars his Majesty holds it needless to recite especially to your Lordships since they are apparant to all men Neither will it be needfull to reiterate them to his Majesty whose cares are most intentive upon them and the best remedy that can be thought on therein is if his Subjects do their parts Therefore his Majesty gives you hearty thanks and bad me tell you that nothing hath been more acceptable to him all the time of this Parliament then this dutiful and discreet carriage of your Lordships which he professeth hath been a chief motive to his Majesty to suspend those intentions that were not far from a resolution Sir Robert Philips assumed the Debate upon the Message delivered by the Speaker and said I rise up with a disposition somewhat in more hope of comfort then yesterday yet in regard of the uncertainty of Councels I shall not change much In the first place I must be bold without flattering a thing nor incident to me to tell you Mr. Speaker you have not only at all times discharged the duty of a good Speaker but of a good man for which I render you many thanks Another respect touching his Majesties Answer to our Petition First if that Answer fall out to be short I free his Majesty and I believe his Resolution was to give that that we all expected But in that as in others we have suffered by reason of interposed persons between his Majesty and us But this day is by intervenient accidents diverted from that but so as in time we go to his Majesty Therefore let us remove those jealousies in his Majesty of our Proceedings that by somâ— men over-grown have bin mispresented we have proceeded with temper in confidence of his Majesties goodness to us and our fidelity to him and if any have construed that what we have done hath been out of feare let him know we came hither free men and will ever resolve to endure the worst and they are poor men that make such interpretations of Parliaments in this way and method we proceeded and if any thing fall out unhappily it is not King Charles that advised himself but King Charles misadvised by others and misled by misordered Councel it becomes us to consider what we were doing and now to advise what is fit to be done We were taking consideration of the State of the Kingdome and to present to his Majesty the danger he and we are in iâ— since any man hath been named in particular though I love to speak of my betters with humility let him thank himself and his Councels but those necessary jealousies gives us occasion to name him I assure my self we shall proceed with temper and give his Majesty satisfaction if we proceed in that way his Majesties message is now explanatory in point of our liberties that he intends not to barre us of our rights and that he would not have any aspersion cast on the Councels past let us present to his Majesty shortly and faithfully and declare our intentions that we intend not to lay any aspersion upon him but out of a necessity to prevent the eminent dangers we are surrounded with and to present to him the affaires at home and abroad and to desire his Majesty that no interposition of mis-information of men in fault may prevaile but to expect the issue that shall be full of duty and Loyalty The Commons sent a message to the Lords that they would joyne in an humble request to the King that a clear and satisfactory answer be given by his Majesty in full Parliament to the petition of Right whereunto the Lords did agree Afterward the House was turned again into a Committee and considered of some more heads to be inserted into the Declaration or Remonstrance as the designe to bring into this Nation Forreign Forces under the command of Dolbeir And Burlemack was called into the House who confessed he received thirty thousand pound by Privy seal for the buying of Horses that one thousand of them are levied that those Horse and their Riders are to come over and Armes are provided for them in Holland but he â—eares a Countermand is gone to stay them The Privy Seal is in these Words CHarles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Treasurer and under Treasurer for our Exchequer for the time being Greeting We do hereby will and command you out of our Treasury remaining in the receipt of our said Exchequer forthwith to pay or cause to be paid unto Philip Burlemack of London Merchant the summe of thirty thousand pounds to be paid by him over by Bill of Exchange into the Low-Countreys and Germany unto our Trusty and
well-beloved Sir VVilliam Balfoure Knight and Iohn Dolbier Esquire or either of them for levying and providing certain numbers of Horses with Armes for Horse and Foot to be brought over into this Kingdome for our service viz. for the levying and transporting of one thousand Horse fifteen thousand pounds for five thousand Muskets five thousand Corslets and five thousand Pikes ten thousand five hundred pounds and for one thousand Curaseers compleat two hundred Corslets and Carbines four thousand five hundred pounds amounting in the whole to the said summe of thirty thousand pounds And this our letter shall be your sufficient warrant and discharge in this behalf Given under our Privy Seal at our Palace of Westminster the 30th of Ianuary in the third year of our Reign Iune the seventh the King came to the Lords House and the House of Commons were sent for And the Lord Keeper presented the humble Petition of both Houses and said MAy it please your most excellent Majesty the Lords Spiritual and Temporal and Commons in Parliament assembled taking into consideration that the good intelligence between your Majesty and your people doth much depend upon your Majesties answer unto their Petition of Right formerly presented With unanimous consent do now become most humble Suitors unto your Majesty that you would be pleased to give a clear and satisfactory answer thereunto in full Parliament Whereunto the King replyed The answer I have already given you was made with so good deliberation and approved by the judgements of so many wise men that I could not have imagined but it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you there is no doublenesse in my meaning I am willing to pleasure you as well in words as in substance read your Petition and you shall have an answer that I am sure will please you The Petition was read and this answer was returned Soit droit fait come il est desire C. R. This I am sure said his Majesty is full yet no more then I granted you in my first Answer for the meaning of that was to confirm your liberties knowing according to your own Protestations that ye neither meane nor can hurt my Prerogative And I assure you my Maxime is That the Peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the Peoples Liberties You see how ready I have shewed my self to satisfie your demands so that I have done my part Wherefore if this Parliament have not a happy conclusion the sin is yours I am free from it Whereupon the Commons returned to their own House with unspeakable joy and resolved so to proceed as to expresse their thankfulnesse and now frequent mention was made of proceeding with the Bill of subsidies of sending the Bills which were ready to the Lords of perfecting the Bill of Tunnage and Poundage and Sir Iohn Strangeâ—â—ies also expressed his joy at the answer and further added Let us perfect our Remonstrance King Iames was wont to say He knâ—w that by Parliaments which otherwise he could never have known After the granting of the Petition of Right the House ordered that the Grand Committees for Religion Trade Grievances and Courts of Justice to sit no longer but that the House proceed only in the consideration of Grievances of most moment And first they fell upon the Commission for Excise and sent to the Lord Keeper for the same who returned answer that he received Warrant at the Councel Table for the sealing thereof and when it was Sealed he carried it back to the Councel Table The Commission being sent it was read in the House viz. CHarles By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Sir Thomas Coventry Knight Lord Keeper of the Great Seale of England To James Earl of Malburg Lord High Treasurer or England Henry Earl of Manchester Lord President of our Councel Edward Earl of Worcester Lord Keeper of our Privy Seal George Duke of Buckingham Lord high Admiral of England William E. of Pembrook Lord Steward of Our Houshold Philip Earl of Mountgomery Lord Chamberlain of Our Houshold Theophilus Earl of Suffolk Edward Earl of Dorset William Earl of Salisbury Thomas Earl of Exeter John Earl of Bridgwater James Earl of Carlisle Henry Earl of Holland William Earl of Denbigh George Earl of Totnes Sir George Hay Kt. Lord Chancellor of Scotland William Earl of Morton Thomas Earl of Kelley Thomas Earl of Mellers Edward Uiscount Conway one of our principal Secretaries of State Edward Uiscount Wimbleton Oliver Uiscount Grandison Henry Falkland Lord Deputy of Ireland To the Lord Bp. of Winchester Wil. Lord Bp. of Bath and Wells Fulk Lo. Brook Dudley Ash Lord Carlton Uice Chamberlain of Our Houshold Sir Thomas Edmonds Treasurer of our Houshold Sir John Savil Controler of Our Houshold Sir Robert Nanton Master of the Court of Wards Sir John Cook one of the principal Secretaries of State Sir Richard Weston Chancellour and under Treasurer of our Exchequer Julius Caesar Master of the Rolls and Sir Humphrey May Kt. Chancellour of Our Dutchy of Lancaster Greeting Whereas the presâ—nt Conjuncture of the general affairs of Christendom and our own particular interest in giving assistance unto our oppressed Allies and for providing for the defence and safety of our own Dominions and People do call upon Us to neglect nothing that may conduce to those good ends And because Monies the principal sinâ—ws of War and one of the first and chiefest movers in all great Preparations and Actions are necessary to be provided in the first place and We are carefull the same may be raised by such ways as may best stand with the State of Our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience We have had and for the trust we repose in your wisdoms fidelities and dutifull care of your service And for the experience we have of all great Causes concerning us and our State both as they have relation to Foraine parts abroad and as to our Common-wealth and People at home Ye being persons called by us to be of Our Privy Councel have thought sit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your special care and diligence And we do hereby authorise and appoint and strictly will and require you that speedily and seriously you enter into consideration of all the best and speediest ways and means ye can for raising of Monies for the most Important occasions aforesaid UUhich without extreamest hazard to Us our Dominions and People and to our Friends and Allies can admit of no long delay the same to be done by Impositions or othâ—rwise as in your wisdoms and best Iudgments ye shall find to be most convenient in a case of this inevitable necessity wherein Form â—nd
ends And he vindicated the Duke in point of Religion 'T is true said he his Mother is a Recusant but never any thing more grieved him and never did a Son use more means then he to convert her and he hath no power over her and for his own Lady whom he found not firm in his Religion he hath it used means to confirm her As for Arminians I have often heard him protest and vow against these Opinions It is true many that have skill therein may have some credit with him and make use of his noble nature for their own ends One particular I know well that some Gentlemen and Preachers of great esteem were questioned for a matter wherein there was some error in the manner of which they were presented I told him of them and that they were questioned and he answered me he would do the best he could for to countenance them Sir Benjamin Rudyard gave his judgement that if the matter be urged home it will proclaim the man lowder then we can in words If we name excess of Power and abuse of Power it will reach to the Duke and all others in future times and to a Gentleman of honour nothing is so dear as sense of Honour I am witness and do know that he did many great and good Offices to this House If the forfeiture of my life could breed an Opinion that ye should have no occasion to complain at your next meeting I would pawn it to you Nor let any man say it is fear makes us desist we have shewed already what we dare do And because the imployment of Dalbeer had given much offence Sir Thomas Jermin stood up in his defence and said he had given great evidence of his Trust and Fidelity When the Count Palatine retired himself and the Councel agreed to send a Party under Count Mansfield to make a head and the King sent word to the Palatine to be present in Person Dalbeer went along with him with one more and being in a Village in Germany a Troop of fifty Horse met them Dalbeer went to the Captain and said we are in a Service I will give you so many crowns to conduct us which was done and Dalbeer went along with him In conclusion Iune the 13. it was Ordered upon the Question that the excessive Power of the Duke of Buckingham is the cause of the Evils and Dangers to the King and Kingdom And that this be added to the Remonstrance At this very time being Iune 18. 1628. Doctor Lamb so called having been at a Play-house came through the City of London and being a person very notorious the Boys gathered thick about him which increased by the access of ordinary People and the Rabble they presently reviled him with words calling him a Witch a Devil the Duke's Conjurer c. he took Sanctuary in the Wind-mill Tavern at the lower end of the Old Jury where he remained a little space but there being two Doors opening to several Streets out of the said House the Rout discovering the same made sure both Doors lest he should escape and pressed so hard upon the Vintner to enter the House that he for fear the House should be pulled down and the Wines in his Cellar spoiled and destroyed thrust the imaginary Devil out of his House whereupon the tumult carried him in a croud among them howting and showting crying a witch a Devil and when they saw a Guard coming by order of the Lord Mayor for the rescue of him they fell upon the Doctor beat him and bruised him and left him for dead With much ado the Officers that rescued him got him alive to the Counter where he remained some few houres and died that night The City of London endeavoured to find out the most active persons in this Riot but could not finde any that either could or if they could were willing to witnesse against any person in that businesse This happened to be in Parliament time and at that instant of time when they were about the Remonstrance against the Duke And shortly after so high was the rage of people that they would ordinarily utter these words Let Charles and George do what they can The Duke shall die like Doctor Lamb. What fine the City underwent for this miscarriage we shall observe in order of time Two days after the Privy Councel writ this ensuing Letter to the Lord Mayor Aldermen and Sheriffs of London WHereas we are given to understand that the fury and outrage of divers dissolute and disorderly person assembled together in great numbers without any resistance made or course taken to suppresse them by the Magistrates to whom it appertained one Lamb was in a barbarous manner slaine and murdered wherewith his Majesty having been likewise made acquainted as he is very sensible of the scandal that may hereby be cast upon the Peace and Government of the Realme in general when the chief City thereof and where his own Person is resident should by the remissnesse and neglect of Magistrates in the Execution of his Laws suffer a fact and misdemeanour of so high a nature to be committed and to passe unpunished So he is very highly displeased thereat and hath therefore commanded us in his name hereby streightly to charge and require your Lordship c. that with all care and diligence you do forthwith enquire out the principal Actors and Abettors therein and to cause them to be apprehended and committed to Prison and to be proceeded with and punished in the sevarest manner that by the Laws of the Realme is provided against offenders in so high a nature And so c. The Commons at this time voted that Doctor Neal Bishop of Winchester and Dr. Laud Bishop of Bath and Wells be named to be those near about the King who are suspected to be Arminians and that they are justly suspected to be unsound in their opinions that way The House was turned again into a Committee concerning the Remonstrance And Mr. Selden proposed that to the excessive power of the Duke should be added the abuse of that power since that abuse is the cause of these evils that it be presented to his Majesty to consider whether it be safe for the King and Common-wealth that a man of his power should be so near his Majesty and it was ordered accordingly All the parts of the Remonstrance being agreed unto it was perfected to be presented to the King being as followeth MOst Dread Sovereign as with humble thankfulnesse we your dutiful Commons now assembled in Parliament do acknowledge the great comfort which we have in your Majesties pious and gracious disposition so we think it a meet and most necessary Duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to informe your Majesty thereof
Subjects by being secure from all undue Charges be the more incouraged chearfully to proceed in their course of Trade by the increase whereof your Majesties Profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their duty both to your Majesty and their Countrey save onely to make this humble Declaration That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is a breach of the Fundamental Liberties of this Kingdom and contrary to your Majesties Royal answer to the said Petition of Right And therefore they do most humbly beseech your Majesty to forbear any further recieving of the same and not to take it in ill part from those of your Majesties loving Subjects who shall refuse to make payment of any such Charges without Warrant of Law demanded And as by this forbearance your most excellent Majesty shall manifest unto the world your Royal Iustice in the observation of your Laws So they doubt not but hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties Honor and Profit MR. Noy after the reading hereof moved the House that his Majesty might be requested that the Merchants might ship their goods without a Cocket otherwise they do forfeit their goods Iune 26. The Speaker being sent for to the King at Whitehall came not into the House till about nine a clock And after Prayers the Remonstrance concerning Tunnage and Poundage being ingrossed was a reading in the House and while it was a reading the King sent for the Speaker and the whole House and the King made a Speech as followeth IT may seem strange that I came so suddenly to end this Session before I give my assent to the Bills I will tell you the cause though I must avow that I owe the account of my actions to God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truly informed that a second Remonstrance is preparing for me to take away the profit of my Tunnage and Poundage one of the chiefest maintenances of my Crown by alleadging I have given away my right thereto by my Answer to your Petition This is so prejudicial unto me that I am forced to end this Session some few hours before I meant being not willing to receive any more Remonstrances to which I must give a harsh Answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no ways to trench upon my Prerogative saying they had neither intention or power to hurt it Therefore it must needs be conceived that I have granted no new but only confirmed the Antient Liberties of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self that those things which have been done whereby many have had some cause to expect the Liberties of the Subjects to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn into example for your prejudice and from time to time in the word of a King ye shal not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask nor meant by me I am sure to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for you only under me belongs the interpretation of Laws for none of the Houses of Parliament either joint or separate what new Doctrine soever may be raised have any Power either to make or declare a Law without my consent After this Speech ended the Bill of Subsidie was delivered to the Speaker standing at the Bar in the Lords House who made a short Speech and shewed that it was the greatest gift that ever was given in so short a time And so craving pardon for the errors of the House and his own which he knew to be very many he desired the King to give his Royal Assent The King came so suddenly and unexpectedly to the House that the Lords were not in their Robes and the Commons had given no direction or Order for the Speaker to deliver the Bill of Subsidies Neither was it brought down to the Commons House as it was used but the Bills were read and the Bill for the Sabbath for Recusants children for Alehouse-keepers for continuance of Statutes for the Clergies Subsidie for the Lay of Subsidie all passed But for the Bill for explanation of the Statutes 3. Iac. about Leases of Recusants Lands The King said that in this short time he had not time sufficient to consider thereof but he said he found many Errors therein though the Title be faire and if at the next meeting they would amend those Errors it should pass Many private Bills passed also and after they were all read their Titles and the Kings Answer to them which to the publique Bills was Le Roy le veult to the private Soit fait come il est desire The Lord Keeper said it is his Majesties pleasure that this Session now end and that the Parliament be prorogued till the twentieth of October next At this Parliament which begun at Westminster the 17. of March Anno Regni R. Caroli 3. These Acts were passed FIrst An Act for further reformation of sundry Abuses committed on the Lords day called Sunday 2. The Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament Assembled concerning divers Rights and Priviledges of the Subject with the Kings assent thereunto in full Parliament 3. An Act for repressing of all unlicenced Alehouses 4. An Act to restrain the sending over of any to be popishly bred beyond the Seas 5. An Act for establishing of Suttons Hospital c. 6. An Act for the Establishing of the Tenants Estates of Bromfield and Yale in the County of Denbigh c. 7. An Act for the continuance and repeal of divers Statutes c. 9. An Act for five entire Subsidies granted by the Clergy 10. An Act concerning the Title c. of Earl of Arundel and for the annexing of the Castle of Arundel
agreed in one that he ought not by the Law to be tortured by the Rack for no such punishment is known or allowed by our Law And this in case of Treason was brought into this Kingdom in the time of Henry 6. note Fortescue for this Point in his Book de laudibus legum Angliae see the preamble of the Act 28. H. 8. for the Trial of Fellony where Treasons are done upon the Sea and Statute 14. Edw. 3. Ch. 9. of Jaylours or Keepers who by duresse make the prisoners to be approvers Since the last Session of Parliament certain Merchant who traded in Wines had been committed to the Fleet for the non-payment of an Imposition of 20. s. the Tun and were now at liberty upon their entring into bond for the payment of that Imposition Moreover the King in full Councel declared his absolute will and pleasure to have the entry of 2. s. 2. d. the hundred upon all Currens to be satisfied equally with that of 3. s. 4. d. before the landing of that Commodity it being a duty laid by Queen Elizabeth who first gave being to the Levant Company and which had been paid both in his Fathers time and his own and that their Majesties were equally possessed of the whole summe of 5. s. 6. d. the hundred by a solemn and Legal Judgement in the Exchequer and he straightly charged his Councel to examine the great abuse in this point and to make a full reparation to his Honour by inflicting punishment as well upon Officers as Merchants that for the future they may beware of committing such contempts And Divers Merchants of London having forcibly Landed and endeavoured to carry away their Goods and Merchandises from the Custom-house Key without payment of duties were summoned to the Councel-table And the Councel was informed against them that they had caused great and unlawful assemblies of people to be gathered together to the breach of the Kings Peace and Mr. Chambers was committed to prison by the Lords of the Councel for some words spoken at that time Michaelmas 4. Car. Richard Chambers being in Prison in the Marshalsie Del hostel de Roy desired an Habeas Corpus and had it which being returable upon the 16. day of October the Marshall returned that he was committed to prison the 28. day of Septemb. last by command of the Lords of the Councel The Warrant verbatim was That he was committed for insolent behaviour and words spoken at the Councel-Table which was subscribed by the Lord Keeper and twelve others of the Councel The words were as information was given though not expressed in the Return That such great Customes and Impositions were required from the Merchants in England as were in no other place and that they were more screwed up then under the Turk And because it was not mentioned what the words were so as the Court might adjudge of them the Return was held insufficient and the Warden of the Prison advised to amend his Return and he was by Rule of the Court appointed to bring his prisoner by such a day without a new Habeas Corpus and the Prisoner was advised by the Court That in the mean time he should submit to the Lords and Petition them for his enlargement The Warden of the Prison bringing the Prisoner in again in Court the 23. day of October Then Mr. Iermin for the Prisoner moved That forasmuch as it appeared by the Return that he was not committed for Treason or Felony nor doth it appear what the words were whereto he might give answer he therefore prayed he might be dismissed or bailed But the Kings Attourney moved That he might have day untill the 25. of October to consider of the Return and be enformed of the words and that in the interim the Prisoner might attend the Councel-Table and Petition But the Prisoner affirmed that he oftentimes had assayed by Petition and could not prevail although he had not done it since the beginning of October and he prayed the Justice of the Law and the inheritance of a Subject Whereupon at his importunity the Court commanded him to be bailed and he was bound in a Recognizance of four hundred pounds and four good Merchants his Sureties were bound in Recognizance of one hundred pound a piece that he should appear here in Crastino animarum and in the interim should be of the good behaviour And advertized him they might for contemptuous words cause an Indictment or Information in this Court to be drawn against him if they would The Lords of the Councel were much dissatisfied with the Bailing of Chambers Whereupon the Judges were â—ent for to the Lord Keeper at Durham House where were present besides the Lord-Keeper the Lord Treasurer Lord Privy Seal and the Chancellor of the Dutchy And the Lord Keeper then declared unto them that the said enlargement of Chambers was without due regard had to the Privy Councel in not first acquainting them therewith To this the Judges answered that to keep a fair correspondency with their Lordships they had by the Lord Chief-Justice acquainted the Lord Keeper in private therewith before they baild the party And that what they had done as to the bailing of the prisoner was according to Law and Justice and the conscience of the Judges To this it was replied that it was necessary for the preservation of the State that the power and dignity of the Councel Table should be preserved and that it could not be done without correspondency from the Courts of Justice so they parted in very fair tearms On Thursday the 27. of November Felton was removed from the Tower to the Gate-house in order to his tryal and was the same day brought by the Sheriffs of London to the Kings-bench Bar and the indictment being read he was demanded whether he were guilty of the murder therein mentioned he answered he was guilty in killing the Duke of Buc. and further said that he did deserve death for the same though he did not do it out of malice to him So the Court passed sentence of death upon him whereupon he offered that hand to be cut off that did the fact but the Court could not upon his own offer inflict that further punishment upon him neverthelesse the King sent to the Judges to intimate his desire that his hand might be cut off before execution but the Court answered that it could not be for in all murthers the Judgement was the same unlesse when the Statute of 25. E. 3. did alter the nature of the offence and upon a several indictment as it was in Queen Elizabeths time when a Felon at the Bar flung a stone at a Judge upon the Bench for which he was indicted and his sentence was to have his hand cut off which was accordingly done and they also proceeded against him upon the other indictment for Felony for which he was found guilty and afterwards hanged and Felton was afterwards hung up
all Ages who shine in vertue and are firm for our Religion but the contrary Faction I like not I remember a character I have seen in a Diary of E. 6. that young Prince of famous memory where he doth expresse the condition of the Bishops of that time under his own hand writing That some for sloath some for age some for ignorance some for luxury and some for Popery were unfit for Discipline and Government We see there are some among our Bishops who are not Orthodox nor sound in Religion as they should be witness the two Bishops complained of the last meeting of the Parliament I apprehend such a feare that should we be in their power we may be in danger to have our Religion overthrown some of these are Masters of Ceremonies and they labour to introduce new Ceremonies into the Church Yet some Ceremonies are useful give me leave to joyn that I hold it necessary and commendable that at the repetition of the Creed we should stand up to testifie the resolution of our hearts that we will defend the Religion which we profess and in some Churches it is added they did not only stand upright with their bodies but with their Swords drawn Let us go to the ground of our Religion and lay down a Rule on which all others may rest then when that is done it will be time to take into consideration the breakers and offendors of that Rule Hereupon after some Debate the Commons entered into this Vow The Vow of the House of Commons in Parliament WEE the Commons in Parliament Assembled do Claim Protest and Avow for truth the sence of the Articles of Religion which were established by Parliament in the thirteenth year of our late Queen Elizabeth which by the publique Act of the Church of England and by the generall and currant Expositions of the Writers of our Church have been delivered unto us And we reject the sence of the Jesuites and Arminians and all others wherein they differ from us Friday the thirtieth of January 1628. Both Houses joyn in Petitioning the King for a Fast. MOst Gracious Soveraign It is the very earnest desire of us your most dutiful Subjects the Lords Spiritual and Temporal and Commons in this Parliament Assembled that this meeting may be abundantly blessed with all happy successe in the great affairs of Church and State upon which we are to consult and that by a cleare understanding both of your Majesties goodness unto us and of our ever faithfull and Loyal hearts to your Majesties Royal Person and service all jealousies and distractions which are apparent signs of Gods displeasure and of ensuing mischief being removed there may this Session and for ever be a perfect and most happy union and agreement between your Majesty and all the Estates of this Realm But acknowledging that neither this nor any other blessing can be expected without the especiall favour of Almighty God upon the observation of the continued increasing miseries of the Reformed Churches abroad whose cases with bleeding hearts we compassionate as likewise of those punishments already inflicted And which are like in great measure to fall upon our selves we have just cause to conceive that the Divine Majesty is for our sins exceedingly offended against us wherefore we do in these and all other pious respects most Dread Soveraign humbly beseech your most excellent Majesty by your Royal consent and Commandment that not only our selves but all people of your Kingdom may be speedily enjoyned upon some certain day by your Majesty to be prefixed by publique Fasting and Prayer to seek reconciliation at the merciful hands of Almighty God So that the prayers of the whole Kingdom joyned with your Majesties most Princely care and the faithful hearts and endeavours of this great Councel assembled may procure honour to Almighty God in the preservation of his true Religion much honour to your Majesty prosperity to your people and comfort to your Majesties Friends and Allies The Kings Answer to the Petition MY Lords and Gentlemen The chief Motive of your Petition being the deplorable Condition of the Reformed Churches abroad is too true And our duty is so much as in us lieth to give them all possible help But certainly fighting will doe them more good then fasting though I doe not wholly disallow of the latter yet I must tell you that the custome of fasting every Session is but lately begun and I confesse I am not fully satisfied with the necessity of it at this time Yet to shew you how smoothly I desire your businesse to go on eschewing as much as I can Questions or jealousies I doe willingly grant your request herein but with this Note That this shall not hereafter be brought into president for frequent Fasts except upon great occasions And for form and time I will advise with my Lords the Bishops and then send you a particular Answer Soon after the House of Commons presented a Declaration to the King touching their resolutions to give precedency to Religion MOst Gracious Sovereign We have within these three dayes received from your Majesty a Message putting us in minde of our present entring upon the consideration of a Grant of Tunnage and Poundage but the manner of possessing the House therewith being disagreeable to our Orders and Priviledges that we could not proceed therein And finding our selves in your Majesties name pressed in that businesse and that we should give precedency thereunto we cannot but expresse some sence of sorrow fearing that the most hearty and forward affections wherewith we desire to serve your Majesty are not clearly represented unto you besides such is the solicitous care we have in preserving our selves in your Majesties most gracious and good opinion that it cannot but breed much trouble in us when ever we find our selves as now we are enforced to spend that time in making our humble Apologies from whence doe usually arise long Debates which we conceive might very profitably be applyed in the greater Services of your Majesty and the Common-wealth which we did with all humble diligence apply our selves unto and finding the extream dangers wherewith our Religion is threatned clearly presenting it unto our thoughts and considerations We thought and we think we cannot without impiety to God disloyalty to your Majesty and unthankfulnesse to those from whom we are put in trust retard our proceedings until something be done to secure us in this maine point which we prefer above our lives and all earthly things whatsoever And here we do with all humble thankfulnesse acknowledge your Majesties most pious care and Princely Intentions to suppresse both Popery and Arminianism the Professor of the one being an open enemy 〈◊〉 the maintainer of the other a subtil and more dangerous underminer of the Religion of Almighty God established within your Realmes and Dominions The truth of which our whole Religion or any part thereof as being sufficiently known and received generally here
would not deliver the Goods he answered If he said he would not it was because he could not Mr. Selden hereupon said If here be any near the King that doth mis-present our Actions let the curse light on them not on us and believe it it is high time to vindicate our selves in this case else it is in vain for us to sit here It was hereupon resolved by question That this shall be presently taken into consideration and being conceived to be a business of great consequence it was ordered that the house be dissolved into a Committee for the more freedom of debate and that no Member go out of the House without leave during the sitting of the Committee Mr. Noy was of opinion That the Customers had neither Commission nor command to seize therefore without doubt the House may proceed safely to the Question that the priviledge is broken by the Customers without relation to any commission or command from the King which motion was seconded by Mr. Nathaniel Rich. Munday the 23 of February the same business continued under debate and some were for a bare restitution of the Goods taken others for impleading those who took them as Delinquents in the mean time Mr. Secretary brought this message from the King That it concerns his Majesty in a high degree of justice and honour that truth be not concealed which is that what the Customers did was by his own direct order and command at the Council-board himself being present and though his Majesty takes it well that the house have severed his interest from the interest of the Customers yet this will not clear his Majesties honour if the said Customers should suffer for his sake This message was grounded upon this ensuing Order made the day preceding by the King in full Council At White-hall the 22 of February 1628. THis day his Majesty in full council taking knowledge of the debate in the house of Commons the day before concerning the Officers of his Customs and of the respect used by the Committee to sever the private interest of the said Officers from that of his Majâ—sty holding it to concern him highly in justice and honour to let the truth in such a point touching his servants to be either concealed or mistaken did there declare That what was formerly done by his Farmers and Officers of the Customs was done by his own direction and commandment and by direction and commandment of his Privy-Council himself for the most part being present in Council and if he had been at any time from the Council-board yet he was acquainted with their doings and gave full direction in it and therefore could not in this sever the act of his Officers from his own Act neither could his Officers suffer for it without high dishonour to his Majesty This being particularly voted by the whole Council was the general assent of them all and accordingly Mr. Secretary Cook had order to deliver a Message the next day from his Majesty to the house of Commons The Kings Commission to the Lord Treasurer and Barons of the Exchequer and to the Customers of the Ports was to this effect C. R. WHereas the Lords of our Council taking into consideration our Revenue and finding that Tonnage and Poundage is a principal Revenue of our Crown and has been continued for these many years have therefore ordered all those duties of Subsidie Custome and Impost as they were in the 21 of King Iames and as they shall be appointed by us under our Seal to be levied know ye that we by advice of our Lords declare our will that all those duties be levied and collected as they were in the time of our father and in such manner as we shall appoint and if any person refuse to pay then our will is That the Lord Treasurer shall commit to prison such so refusing till they conform themselves and we give full power to all our officers from time to time to give assistance to the Farmers of the same as fully as when they were collected by Authority of Parliament Soon after report was made from the grand Committee that they took into their consideration the violation of the Liberty of the house by the Customers and at last they resolved that Mr. Rolls a Member of the house ought to have priviledge of person and goods but the command of the King is so great that they leave it to the house After the passing of this vote the Kings late message by Mr. Secretary Cook was taken into consideration Some took occasion to say That these interruptions proceeded from some Prelates and other Abettors of the Popish party who feare to be discovered and would provoke to a breach to which Sir Humphry May reply'd We have Oyl and Vinegar before us if you go to punish the Customers as Delinquents there is Vinegar in the Wound Think rather of some course to have restitution others said Delinquency cannot be named but presently a breach must be intimated when we do that which is just let there be no fear nor memory of Breaches and let us go to the Delinquency of the men Hereupon Sir Iohn Elliot made a Speech and therein named Dr. Neal the Bishop of Winchester and the great Lord Treasurer in whose person said he all evil is contracted I find him acting and building on those grounds laid by his Mr. the Great Duke and his spirit is moving to these interruptions and they for fear break Parliaments lest Parliaments should break them I find him the head of all the great party the Papists all Jesuits and Priests derive from him their shelter and protection c. A little interruption being here given he proceeded further in his Speech and afterwards the Speaker was moved to put the Question then proposed by the House but he refused to do it and said That he was otherwise commanded from the King Then said Mr. Selden Dare not you Mr. Speaker put the Question when we command you If you will not put it we must sit still thus we shall never be able to do any thing they that come after you may say They have the Kings command not to do it we sit here by the command of the King under under the Great Seal and you are by his Majesty sitting in his Royal Chair before both Houses appointed our Speaker and now you refuse to perform your Office Hereupon the House in some heat adjourned until Wednesday next On Wednesday the 25 of February both Houses by his Majesties command were adjourned till Munday morning the second of March Munday the second of March the Commons meet and urge the Speaker to put the Question who said I have a command from the King to adjourn till March the tenth and put no Question and endeavoring to go out of the Chair was notwithstanding held by some Members the House foreseeing a dissolution till this ensuing
commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up sedition against Us for which you are to detain him in your custody and to keep him close prisoner until Our pleasure be further known concerning his deliverance Given at Greenwich the 7 of May 1629. in the 5 yeer of Our Reign The direction being To the Marshal of Our Bench for the time being hae sunt causae captionis detentionis praedicti Gulielmi Stroud And upon another Habeas Corpus to the Marshal of the Houshold to have the Body of Walter Long Esq in Court it was returned according as the Return of Mr. Stroud was Mr. Ask of the Inner-Temple of Counsel for Mr. Stroud and Mr. Mason of Lincolns-Inn of Counsel for Mr. Long argued against the insufficiency of the Return which with the Arguments of the Kings Counsel we here forbear to mention lest it be too great a diversion to the Reader from the Historical part yet those and other Arguments we have nevertheless postponed at the end of this first Volume for the benefit of the Students of the Law which course as to Arguments in Law wherein the Prerogative of the one hand and Liberty and Propertie of the other hand are concerned we purpose to observe in our next and other Volumes as matter of that nature falls out in series of Time The seventh of May an Information was exâ—ibited in the Star-Chamber which because it is a remarkable Proceeding we give you here at large Iovis Septimo die Maii Anno Quinto Ca. R. To the Kings most excellent Majesty HUmbly sheweth and informeth unto Your most excellent Majesty Sir Robert Heath Knight Your Majesties Attorney General for and on Your Majesties behalf That whereas by the Ancient and Fundamental Laws of this Kingdom the high Court of Parliament consisteth of the Lords Spiritual and Temporal in the Lords House and of the Knights Citizens and Burgesses in the Commons House of Parliament and those two Houses thus composed do together make up that great and honourable Body whereof Your most excellent Majesty as the supreme Soveraign is the head and whereas the Power of summoning and assembling of Parliaments and of continuing proroguing adjourning and dissolving thereof within this Realm at Your good pleasure is the undoubted Right of your Majesty and the Liberty and Freedom of Speech which the Members of the said Houses of Parliament have according to the Priviledges of those several Houses to debate consult and determine of those things which are propounded amongst them is and ever hath been and ought to be limited and regulated within the bounds of Moderation and Modesty and of that Duty which Subjects owe to their Soveraign and whereas Your Majesty for many weighty Causes and for the general Good and Defence of the Church and State of this Your Kingdom lately summoned a Parliament to be holden at Your City of Westminster the seventeenth day of March in the third year of Your Majesties Reign which continued from thence by prorogation until the twentieth day of Ianuary last from which day until the twenty fifth day of February following the said Houses continued sitting And although the great part of the House of Commons being zealous of the Common Good did endeavour to have effected those good things for which they were called thither yet between the said twentieth day of Ianuary and the said twenty fifth day of February by the malevolent Disposition of some ill-affected Members of the said House sundry Diversions and Interruptions were there made and many Jealousies there unjustly raised and nourished to the disturbance of those orderly and Parliament proceedings which ought to have been in so grave a Council During which time of the said last meeting in Parliament as aforesaid so it is may it please your most excellent Majesty that Sir Iohn Elliot Knight then and all the time of the said Parliament being one of the Members of the said Commons House wickedly and malitiously intending under a feigned Colour and Pretence of debating the necessary Affairs of the present estate to lay a scandal and unjust Aspersion upon the right honorable the Lords and others of your Majesties most honourable Privy-Council and upon the reverend Judges and your Counsel learned and as much as in him lay to bring them into the hatred and ill opinion of the people after the said twentieth day of Ianuary and before the said twenty fifth day of February last did openly and publickly in the said House of Commons falsly and malitiously affirm That your Majesties Privy-Council all your Judges and your Counsel learned had conspired together to trample under their feet the Liberties of the said Subjects of this Realm and the priviledges of that House And further so it is may it please your most excellent Majesty that when your Majesty upon the twenty fifth day of February had by Sir Iohn Finch Knight then Speaker of the said house of Commons signified your Royal pleasure to the said house that the said house of Commons should be instantly adjourned until the second day of March then following he the said Sir Iohn Elliot and Denzil Holles Esquire Benjamin Valantine Gent. Walter Longe Esquire William Corriton Esquire William Strode Esquire Iohn Selden Esquire Sir Miles Hobert and Sir Peter Hayman Knights all Members at that time of the said Commons house conceiving with themselves that your Majesty being justly provoked thereto would speedily dissolve that Parliament They the said Sir Iohn Elliot Denzil Holles Benjamin Valentine Walter Longe William Corriton William Strode Iohn Selden Sir Miles Hobert and Sir Peter Hayman and every of them by unlawful Confederacie and Combination between them in that behalf before had did malitiously resolve agree and conspire how and by what means before that Parliament should be dissolved they might raise such false and scandalous rumours against your Majesties Government and your Counsellours of Estate attending your person that thereby as much as in them lyeth they might disturb the happy Government of this Kingdom by and under your Majesty interrupt the course of traffique and trade discourage your Merchants and raise Jealousies and Suspitions in the hearts of your people that the Sincerity of the true Religion professed and established in this Kingdom was neglected and in pursuance of this their Resolution and Confidence aforesaid the said Sir Iohn Elliot with the privitie and consent of the said Denzil Holles and all other the said confederates did prepare a paper or writing wherein he had written or caused to be written divers false and scandalous Assertions touching your Majesties Government and touching the persons of divers of your Privy-Council which he and they resolved and conspired and agreed should be delivered into the said house of Commons and there publickly read to the wicked and seditious intents and purposes aforesaid and not with any purpose or opinion that those things that were therein contained if
they or any of them had been true as indeed they were not should or could be at that time entertained or pursued in any legal or Parliamentary way but meerly and onely to express and vent his and their own Malice and Dis-affection of your Majesty and your happy Government And your Majesty upon the said second day of March now last past having signified Your Royal pleasure unto the said Sir Iohn Finch then the Speaker of that House That the said House should then be presently adjourned until the tenth day of the said Moneth of March without any further speech or proceedings at that time and the said Speaker then delivered Your Majesties pleasure and commandment to the said House accordingly and declared unto them Your Majesties express charge and command unto him That if any should notwithstanding disobey Your Majesties command that he must forthwith leave the charge and wait upon Your Majesty unto which commandment of Your Majesty and signification of Your Royal pleasure in that behalf for a present adjournment of the House the greatest number of the Members of that House in their duty and Allegeance unto your Majesty were willing to have given a ready Obedience as the Lords Spiritual and Temporal of the Lords House upon the very same day upon the like signification made unto them of your Majesties pleasure by your Lord Keeper of your Great Seal of England the Speaker of that House had done yet so it is May it please your most Excellent Majesty That the said Sir Iohn Ellyot for the satisfying of his own malice and disloyal affections to your Majesty and by the confederacy and agreement aforesaid and in a high contempt and disobedience unto your Majesties command aforesaid and with set purpose to oppose your Majesties said command did stand up and several times offered to speak Whereupon the said Speaker in obedience to your Majesties said command endeavoring to have gone out of the chair the said Denzil Holles and Benjamin Valentine being then next the Speakers chair and the one of them on the one hand and the other of them on the other hand of the Speaker where they so placed themselves of purpose on that day out of their disobedience to your Majestie and by the confederacy and agreement aforesaid violently forcibly and unlawfully and with purpose to raise a tumult in the said House kept and held the said Speaker in the said chair against his will and the said Speaker again endeavoring to leave the chair and having then gotten out of the chair they the said Denzil Holles and Benjamin Valentine laid violent hands upon the said Speaker forcibly and unlawfully and by strong hand thrust him into his chair again and then the said Sir Iohn Ellyot again stood up and used these speeches viz. We have prepared a short Declaration of our intentions which I hope shall agree with the honour of the House and the Justice of the King and with that he threw down a paper into the floor of the said House desiring it might be read and the said Denzil Holles Benj. Valentine and all other the Confederates aforesaid in disobedience and high contempt of your Majesties said command called and cryed out to have the same paper read But some others of the House spake to the contrary that it might not be read and the House thereupon by reason of the disorderly behaviour of the said Confederates was much troubled many pressing violently and tumultuously to have the said paper read and others dutifully and obediently urging the contrary to the great disquiet and discomfort of many well-affected Members of that House And the said William Corriton in this distemper demeaned himself so passionately and violently that he then and there violently forcibly and unlawfully assaulted and stroke Winterton Gent. then being a Member of the said House and divers of the Members of the said House being then desirous and endeavoring to have gone out of the said House the said Sir Miles Hobert did of his own head lock the door of the said House and kept the key thereof and imprisoned the Members of the said House being then in the said House against their wills so that none of them could go out And the said William Strode for the further expressing of his malignity and undutifulness towards your Majesty and in pursuance of the agreement and confederacy aforesaid openly moved and with much earnestness urged that the said paper or declaration might be first read to the end as he then in great contempt of your Royal Majestie said that we meaning the Members of the house may not be turned off like scattered sheep and sent home as we were last Sessions with a scorn put upon us in print meaning thereby the words which your Majesty in your own Person spake at the ending of the last Session and caused the same to be printed and the said Stroud in a very disorderly manner further moved That all those who would have the said paper read should stand up which divers of them thereupon did do accordingly and he the said Stroud amongst others did stand up and in this heat of contention and height of disobedience by the confederacy aforesaid to have the said paper read the said Sir Peter Hayman with rough and reproachful words reproved the said Speaker for being constant and resolute in his obedience to your Majesty in not putting the reading of the said paper to the Question as by all the said Confederates with many Reasons and Arguments he was urged to do and the said Sir Peter Hayman then further said That the said Speaker was made an Instrument to cut up the Liberty of the Subjects by the roots But when by no means the said Speaker would be drawn to transgress your Majesties Royal command aforesaid and lest the said paper should not be read the said Iohn Selden moved that the Clerk of the said House might read the same and when the said Sir John Ellyot found that he and his Confederates aforesaid could not procure the said paper to be read he the said Sir Iohn Ellyot to the end he might not lose that opportunity to vent and publish those malitious and seditious Resolutions which he and his Confederates had collected and prepared as aforesaid took back the said paper again and then immediately in the said house said I shall non express that by Tongue which this paper should have done and then spake these words The miserable condition we are in both in matters of Religion and Policy makes me look with a tender eye both to the Person of the King and to the Subjects and then speaking of them whom he intended to be ill Instruments in this State at whom he principally aimed he said There are amongst them some Prelates of the Church the great Bishop of Winchester and his fellows it is apparent what they have done to cast an aspersion upon the honor and piety and goodness of the King These are
not all but it is extended to some others who I fear in guilt of Conscience of their own desert do joyn their power with that Bishop and the rest to draw his Majesty into a jealousie of the Parliament amongst them I shall not fear to name the great Lord Treasurer in whose person I fear is contracted all that which we suffer If we look into Religion or Policy I find him building upon the ground laid by the Duke of Buckingham his great Master from him I fear came those ill Counsels which contracted that unhappy conclusion of the last session of Parliament I find that not only in the affections of his heart but also in relation to him and I doubt not to fix it indubitably upon him and so from the power and greatness of him comes the danger of our Religion For Policy in that great Question of Tunnage and Poundage the interest which is pretended to be the Kings is but the interest of that person to undermine the Policy of this Government and thereby to weaken the Kingdom while he invites strangers to come in to drive out Trade or at least our Merchants to trade in strangers bottoms which is as dangerous Therefore it is fit to be declared by us that all that we suffer is the effect of new counsels to the ruine of the Government of the State and to make a protestation against all those men whether greater or subordinate that they shall all be declared as Capital Enemies to the King and Kingdom that will perswade the King to take Tunnage and Poundage without grant of Parliament and that if any Merchants shall willingly pay those Duties without consent of Parliament they shall be declared as Accessaries to the rest Which Words of the said Sir Iohn Elliot were by him uttered as aforesaid falsly and malitiously and seditiously out of the wickedness of his own affections towards your Majesty and your gratious and religious Government and by the Confederacie Agreement and Privity of the â—aid other Confederates and to lay a slander and scandal thereupon and not with a purpose or in way to rectifie any thing which he conceiâ—ed to be amiss but to traduce and blast those persons against whom he â—ad conceived malice for so himself the same day in that house said and laid down as a ground for that he intended to say That no man was ever blasted in that house but a curse fell upon him And further so it is may it please your most excellent Majesty That when the said Sir Iohn Elliot had thus vented that malice and wickedness which lay in his heart and as appeareth by his own words were expressed in the said paper which was prepared as aforesaid the said Walter Longe out of his inveterate malice to your Majesty and to your Affairs and by the confederacy aforesaid then and there said That man who shall give away my Liberty and Inheritance I speak of the Merchants I note them for Capital Enemies to the Kingdome And lest the hearers should forget these wicked desperate Positions laid down as aforesaid and to the end the same might have the deeper impression and be the more divulged abroad to the prejudice of your Majesty and of your great Affairs and to the scandal of your Government the said Denzil Holles collected into several heads what the said Sir Iohn Elliot had before delivered out of that paper and then said Whosoever shall counsel the taking up of Tunnage and Poundage without an Act of Parliament let him be accompted a capital Enemy to the King and Kingdom And further What Merchant soever shall pay Tunnage and Poundage without an Act of Parliament let him be counted a Betrayer of the Liberty of the Subjects and a Capital Enemy of the King and Kingdom Which Positions thus laid the said Denzil Holles neither being Speaker nor sitting in the Chair as in a Committee by direction of the House but in an irregular way and contrary to all course of orderly proceedings in Parliament offered to put these things so delivered by him as aforesaid to the Question and drew from his confederates aforesaid an applause and assent as if these things had been voted by the house And further so it is may it please your most excellent Majesty That the disobedience of the said Confederates was then grown to that height that when Edward Grimston the Serjeant at Arms then attending the Speaker of that house was sent for by your Majestie personally to attend your Highness and the same was made known in the said house the said Confederates notwithstanding at that time forcibly and unlawfully kept the said Edward Grimston locked up in the said house and would not suffer him to go out of the house to attend your Majesty and when also on the same day Iames Maxwel Esquire the Gentleman-Usher of the Black Rod was sent from your Majesty to the said Commons house with a message immediately from your Majesties own person they the said Confederates utterly refused to open the door of the house and to admit the said Iames Maxwel to go to deliver his message After all which the said house was then adjourned until the said tenth day of March then following and on the said tenth day of March the said Parliament was dissolved and ended In consideration of all which premises And for as much as the contempt and disobedience of the said Sir John Ellyot and other the confederates aforesaid were so great and so many and unwarranted by the priviledge and due proceeding of Parliament and were committed with so high a hand and are of so ill example and so dangerous consequence and remain all unpardoned Therefore they pray'd a process against them to answer their contempts in the high Court of Star-Chamber Memorandum That the 29. of May Anno quinto Car. Reg. these words viz. After all which the said House was then adjourned until the said tenth day of March and on the said tenth day of March the said Parliament was dissolved and ended were added and inserted by order of the Court immediately before In tender consideration c. At the same time Sir Robert Heath the Kings Atturny General preferr'd an Information in the Star-Chamber against Richard Chambers of the City of London Merchant wherein first he did set forth the gracious Government of the King and the great Priviledges which the Merchants have in their Trading by paying moderate duties for the goods and merchandises exported and imported and setting forth that the raising and publishing of undutiful and false speeches which may tend to the dishonour of the King or the State or to the discouragement or discontentment of the subject or to set discord or variance between his Majesty and his good People are offences of dangerous consequence and by the Law prohibited and condemned under several penalties and punishments That nevertheless the said Richard Chambers the 28. day of September last being amongst some other merchants
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
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
the Land had little effect in their execution to the increase of Murders Robberies Perjuries and Insecurities of all men living to the loss of their Lands and Goods to the great displeasure of Almighty GOD It was ordained for Reformation of the Premises by Authority of the said Parliament That the Chancellour and Treasurer of England for the time being and the Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop one Lord temporal of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common pleas for the time being or two other Justices in their absence by Bill or Information exhibited to the Chancellour for the King or any other against any person for any other ill behaviours aforesaid have Authority of calling before them by Writ or Privie-Seal such Malefactors and of examining them and others by their discretion and of punishing such as they finde defective therein according to their demerits according to the form and effect of the Statutes thereof made in the same manner and form as they might and ought to be punished if they were thereof convinced according to the due course of Law And by a certain other Act in the Parliament of the Lord Henry late King of England the eighth held in the one and twentieth year of his reign reciting the offences in the aforesaid Statute of the said late King Henry the seventh beforementioned by Authority of the said Parliament it was and is ordained and enacted That henceforward the Chancellour Treasurer of England and the President of the most honourable Privy-Council of the King attending his most honourable person for the time being and the Lord Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop and one temporal Lord of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common Pleas for the time being or two Justices in their absence by any Bill or Information then after to be exhibited to the Chancellour of England the Treasurer the President of the said most honourable Council of the Lord the King or the Keeper of the Privy-Seal of the Lord the King for the time being for any misdemeanour in the aforesaid Statute of King Henry the seventh aforesaid before recited from henceforth have full power and authority of calling before them by Writ or by Privy-Seal such Malefactors of examining of them and others by their discretion and of punishing those that are found defective according to their demerits According to the form and effect of the said Statute of the aforesaid Lord King Henry the seventh and of all other Statutes thereupon made not revoked and expired in the same manner and form as they might and ought be punished if they were convicted according to the due order of the Laws of the said Lord the king And by the aforesaid Writ under the foot of the great Seal it manifesty appears that the said Fine was imposed by the Lord the king and his Council and not by the Legal Peers of the said Richard Chambers nor by the Law of the Land nor according to the manner of the pretended offence of the said Richard Chambers nor saving unto him his Merchandize nor for any offence mentioned in the said Statutes all and singular the which the said Richard Chambers is ready to verifie to the Court c. and demands judgment and that he be discharge of the said 2000 l. against the said Lord the now King and that as to the premises he may be dismissed from this Court Waterhouse With this Plea he annexed a Petition to the Lord Chief Baron and also to every one of the Barons humbly desiting the filing of the Plea with other Reasons in the manner of a motion at the Bar because he said Counsel would not move plead nor set hand to it as further appeareth The Copy of the Order upon Mr. Atturneys motion in the Exchequer the 17 Iuly 1629. after the Plea put in and order to file it Per the Lord Chief Baron TOuching the Plea put into this Court by Richard Chambers to discharge himself of a â—ine of 2000 l. set on him in the Star-Chamber Forasmuch as Sir Robert Heath Kniâ—â—â— his Majesties Atturney General informed this Court that the said Chambers in his said Plea recites divers Statutes and Magna Charta and what offences are punishable in the Star-Chamber and how the proceedings ought to be and upon the whole matter concludes That the said fine was imposed by the King and his Council and not by a Legal judgment of his Peers nor by the Laws of the Land nor according to the manner of his offence nor saving his Merchandize nor for any offence mentioned in the said Statutes Which Plea Mr. Atturny conceiving to be very frivolous and insufficient and derogatory to the honour and jurisdiction of the Court of Star-Chamber Humbly prayeth might not be allowed of nor filed It is therefore this day ordered That the said Plea shall be read on Saturday next and then upon hearing the Kings Counsel and the Counsel of the said Richard Chambers this Court will-declare their further order therein and in the mean time the said Plea is not to be filed nor delivered out In Michaelmas Term following Mr. Chambers was brought by a Habeas Corpus out of the Fleet and the Warden did return THat he was committed to the Fleet by vertue of a Decree in the Star-Chamber by reason of certain words he used at the Council Table viz. That the Merchants of England were skrewed up here in England more then in Turky And for these and other words of defamation of the Government he was censured to be committed to the Fleet and to be there imprisoned until he made his submission at the Council Table and to pay a fine of 2000. l. And now at the Bar he prayed to be delivered because this Sentence is not warranted by any Law or Statute For the Statute of 3 Henrici 7. which is the foundation of the Court of Star-Chamber doth not give them any authority to punish for words only But all the Court informed him That the Court of Star-Chamber was not erected by the Statute of 3 H. 7. but was a Court many years before and one of the most high and honourable Courts of Justice and to deliver one who was committed by the Decree of one of the Courts of Justice was not the usage of this Court and therefore he was remanded As a concurrant proof of these Proceedings concerning Mr. Chambers we shall insert here a Petition of his though out of time to the Long Parliament and afterwards renewed to the succeeding Parliament viz. To the Parliament of the Commonwealth of England Scotland and Ireland The brief Remonstrance and humble Petition of Richard Chambers Merchant late Alderman and Sheriff of the City of
sufficient to raise a jealousie against our proceedings in such as were not well acquainted with the sincerity and clearnesse of them There followed another of no lesse skill for although Our proceeding before the Parliament about matters of Religion might have satisfied any moderate men of Our zealous care thereof as we are sure it did the most yet as bad stomachs turn the best things into their own nature for want of good digestion so those distempered persons have done the like of Our good intents by a bad and sinister interpretation For when they did observe that many honest and religious minds in that House did complain of those dangers that did threaten the Church they likewise took the same word in their mouth and their cry likewise was Templum Domini Templum Domini when the true care of the Church never came into their hearts and what the one did out of zeal unto Religion the other took up as a plausible Theam to deprave Our Government as if We Our Clergy and Councill were either senslesse or carelesse of Religion And this wicked practise hath been to make Us seem to walk before Our people as if We halted before God Having by these artifices made a jealous impression in the hearts of many and a day being appointed to treat of the Grant of Tunnage and Poundage at the time prefixed all expresse great willingnesse to grant it But a new strain is found out that it could not be done without great perill to the right of the Subject unlesse We should disclaim any right therein but by grant in Parliament and should cause all those Goods to be restored which upon commandment from Us or Our Councill were stayed by our Officers untill those Duties were paid and consequently should put Our Selves out of the possession of the Tunnage and Poundage before they were granted for else it was pretended the Subject stood not in fit case to grant it A fancy and cavill raised of purpose to trouble the businesse it being evident that all the Kings before named did receive that Duty and were in actuall possession of it before and at the very time when it was granted to them by Parliament And although We to remove all difficulties did from Our Own Mouth in those clear and open tearms that might have satisfied any moderate and well-disposed minds declare That it was Our meaning by the gift of Our people to enjoy it and that we did not challenge it of right but took it de bene esse shewing thereby not the right but the necessity by which We were to take it wherein We descended for their satisfaction so far beneath Our self as We are confident never any of Our Predecessors did the like nor was the like ever required or expected from Them Yet for all this the Bill of Tunnage and Poundage was laid aside upon pretence they must first clear the right of the Subject therein under colour whereof they entertain the complaints not onely of Iohn Rolles a Member of their House but also of Richard Chambers John Fowkes and Bartholomew Gilman against the Officers of Our Customs for detaining their goods upon refusall to pay the ordinary Duty accustomed to be paid for the same And upon these complaints they send for the Officers of the Customes enforcing them to attend day after day by the space of a month together they cause them to produce their Letters Patents under Our Great Seal and the Warrants made by Our Privy Councill for levying of those Duties They examine the Officers upon what questions they please thereby to entrap them for doing Our service and commandment In these and other their proceedings because We would not give the least shew of interruption We endured long with much patience both these and sundry other strange and exorbitant incroachments and usurpations such as were never before attempted in that House We are not ignorant how much that House hath of late years endeavoured to extend their priviledges by setting up generall Committees for Religion for Courts of Justice for Trade and the like a course never heard of untill of late So as where in former timos the Knights and Burgesses were wont to communicate to the House such businesse as they brought from their Countries now there are so many Chairs erected to make enquirie upon all sorts of men where complaints of all sorts are entertained to the unsufferable disturbance and scandall of Justice and Government which having been tolerated a while by Our Father and Our Self hath daily grown to more and more height insomuch that young Lawyers sitting there take upon them to decry the opinions of the Judges and some have not doubted to maintain That the Resolutions of that House must bind the Judges a thing never heard of in Ages past But in this last assembly of Parliament they have taken on them much more then ever before They sent messengers to examine Our Atturney Generall who is an Officer of trust and secrecy touching the execution of some commandements of Ours of which without Our leave first obtained he was not to give account to any but Our Self They sent a captious and directory message to the Lord Treasurer Chancellor and Barrons of the Exchequer touching some judiciall proceedings of theirs in Our Court of Exchequer They sent messengers to examine upon sundry questions Our two Chief Justices and three other of Our Judges touching their judiciall proceedings at the Gaol-Delivery at Newgate of which they are not accountable to the House of Commons And whereas Suits were commenced in Our Court of Star-Chamber against Richard Chambers John Fowks Bartholomew Gilman and Richard Phillips by Our Atturney Generall for great misdemeanours they resolved that they were to have priviledge of Parliament against us for their persons for no other cause but because they had Petitions depending in that House and which is more strange they resolved that a Signification should be made from that House by a Letter to issue under the hand of their Speaker unto the Lord Keeper of Our Great Seal that no attachments should be granted out against the said Chambers Fowks Gilman or Phillips during their said priviledge of Parliament Whereas it is far above the power of that House to give direction to any of Our Courts at Westminster to stop Attatchments against any man though never so strongly priviledged the breach of Priviledge being not in the Court that grants but in the Party or Minister that puts in execution such Attachments And therefore if any such Letter had come to the Lord Keeper as it did not he should have highly offended Us if he had obeyed it Nay they went so far as they spared not the honour of Our Councill-board but examined their proceedings in the case of Our Customers interrogating what this or that man of Our Councill said in direction of them in the businesse committed to their charge And when one of the Members of that House speaking of our
that it is but a Finable offence yet by the said Statute those which are imprisoned for open and notorious naughtinesse shall not be bayled the same naughtinesse is there intended high and exorbitant offence 2. It is fit to restrain the prisoners of their liberty that the Common-wealth be not damnifâ—ed It is lawfull to pull down a house to prevent the spreading mischief of fire it is lawfull to restrain a furious man And by the 14 H. 7. a Iustice of peace may restrain one rout Then the restraint of dangerous men to the Common-wealth is justifiable and necessary 24 E. 3.33 p. 25. Sir Thomas Figet went armed in the Palace which was shewed to the Kings Councell wherefore he was taken and disarmed before the chief Iustice shard and committed to the prison and he could not be bayled till the King sent his pleasure and yet it was shewed that the Lord of T. threatned him Out of which case I observe two things First that the Iudge of this Court did cause a man to be apprehended upon complaint made to the Council that is to the Lords of the Privy Council 2. That although he did nothing he is not mayn-pernable untill the King sent his pleasure because he was armed and furiously disposed So here UUherefore I pray that the Prisoners may be sent back again Davenport argued to the same intent and purpose and therefore I will report his Argument briefly 1. He said That the Return here is sufficient The Counsell on the other side have made fractions of this Return and divided it into severall parts whereas the genuine construction ought to have been made upon the entire Return for no violence ought to be offered to the Text. 7 E. 4.20 In false imprisonment the Defendant did iustifie and alledged severall reasons of his justification to wit because a man was killed and that this was in the County of S. and that the common voice and fame was that the Plaintiff was culpable And this was held a good plea although Bryan did there object That the plea was double or treble and the reason was because twenty causes of suspition make but one entire cause and indivisible unity in this ought not to be divided So C. 8.66 Crogates In an action of trespasse the Defendant justifies for severall causes and held good because upon the matter all of them make but one cause C. 8.117 It is said That it is an unjust thing unlesse the whole Law be looked into to judge and answer by propounding any one particular thereof and if it be unjust in the exposition of a Law it is uncivill in a Return to make fractions of it in the construction thereof especially it being a Return for Information and not for Accusation 2. Although the Counsell on the other side have taken this case to be within the Petition of Right yet this is Petitio principii to take that for granted which is the question in debate He said That he would not offer violence to the Petition of Right to which the King had assented and which shall really be performed But the question here is Whether this Return be within it and the Iudges are keepers not masters of this pledge and it seems that this Return is out of the letter and meaning of the said Statute 3. He said That this was the actuall commitment of the Lords of the Privy Councill and the habituall or virtuall commitment of the King But because upon these two matters he put no case nor gave any reason but what had been put or given in the Argument of the grand Habeas corpus Mich. 3 Caroli and afterwards in the House of Commons which was reported to the Lords in the painted Chamber all which Arguments I heard I have here omitted them And for the great respect which the Law gives to the commands of the King he put these cases 7 H. 3. Attachment of waste against the Tenant in Dower and the waste was assigned in the taking of fish out of a pond and the carrying them away The Defendant pleaded That her second husband by the command of the Lord the King took all the fish out of the said pond to the use of the Lord the King and held a good justification which proves that the command of the King there to her husband excused her of the said waste And yet it is clear that Tenant in Dower is liable to an action of waste for waste done in the time of her second husband But contrary is it where a woman is Tenant for life and took a husband who made waste and dyed no action lies against the wife for that waste And F. N. B. 17. A. If the Tenant in precipe at the grand cape makes default the King may send a UUrit to the Iustices rehearsing that he was in his service c. commanding them that that default be not prejudiciall to him and this command of the King excuseth his default be the cause true or no. 4. For the particulars of the Return it is for notable contempts against the Government But as to that it hath been said that the King hath sundry governments to wit Ecclesiasticall Politicall c. and it is not shewn against which of them This is but a cavilling exception they might as well have excepted to this Return because it is not shewen that these contempts were after the last generall Pardon that had been a better exception The last words of the Return are raising sedition against Us But as to this it hath been said That Seditio is not a word known in the Law and is alwaies taken either Adverbially or Adjectively and is not a Substantive To this he said That although it is not a Substantive for the preservation yet it is a Substantive for the destruction of a Kingdom And he said that he found the word Seditio in the Law and the consequent of it likewise which is seductio populi But it is not ever found to be taken in a good sense it is alwaies ranked and coupled with treason rebellion insurrection or such like as it appears by all those Statutes which have been remembred on the other side Therefore he prayed likewise that the Prisoners might be sent back Trin. 5 Car. B. R. THe first day of the Term upon Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of John Selden Esq with the cause of detention He returned the same cause as above and Littleton of Counsell with him moved that the Return was insufficient in substance therefore he prayed that he might be bayled It is true that it is of great consequence both to the Crown of the King and to the liberty of the Subject But under favour for the difficulty of Law contained in it the case cannot be said Grand In my Argument I will offer nothing to the Court but that which I have seen with these eyes and that which
stirring of sedition Seditio as an approved Author saies imports discordiam to wit when the members of one body fight one against another The Lord of St. Albans who was lately the Lord Chancellor of England and was a Lawyer and great States-man likewise and well knew the acceptation of this word Sedition in our Law hath made an Essay of Sedition and the Title of the Essay is Of Seditions and Tumults the whole Essay deserves the reading And there is a Prayer in the Letany From sedition and heresie c. So that there Sedition is taken as a kind of Sect. This being the naturall signification of the word then the next labour shall be to see if any thing in our Law crosse this exposition And it seems clearly that there is not 2 H. 4. cap. 15. And it is in the Parliament-Roll numb 48. against Lollards who at that time were taken as hereticks saies That such Preachers which excite and stir up to sedition shall be convented before the Ordinary c. There sedition is taken for dissention and division in doctrine And this is not made treason by the said Statute although the said Statute be now repealed by the Statute of 25 H. 8. c. 4. 1 and 2 Phil. Mar. c. 3. which is in Rastall Newes 4. which is an act against seditious words and newes of the King and Queen which is a great misdemeanor and yet the punishment appointed to be inflicted by the said Statute is but the Pillory or a Fine of 100 l. And the said Statute by the Statute of 1 Eliz. c. 16. was extended to her also which Statute now by her death is expired which I pray may be observed 13 Eliz. cap. 1. against those who seditiously publish who are the true heirs of the Crown that they shal be imprisoned for a year c. And 13 Eliz. c. 2. the seditious bringing in of the Pope's Buls is made treason which implies that it was not so at the Common Law 23 Eliz. c. 2. If any person shal devise write or print any book containing any fals seditious and slanderous matter to the stirring up or moving of any rebellion c. every such offence shal be adjudged Felony And in an Indictment upon the said Statute which see Cook 's Entries f. 352.353 there are the words rebellionem seditionem movere and yet it is but felony 35 Eliz. c. 1. made against seditious Sectaries Also there are certain Books and Authorities in Law which expresse the nature of this word Sedition C. 4.13 the Lord Cromwell's case In an action for those words You like of those that maintain seditions against the Queens proceedings the Defendant pleaded That he intended the maintenance of a seditious Sermon and this was adjudged a good plea and â—ustification From which it followes that the Seditious Sermon mentioned in the Declaration and the maintaining of sedition against the Queen is all of one signification for if they might have been taken in a different sense the justification had not been good Phillips and Badby's case which is in C. 4. 19. a. which was objected by Serjeant Berkley makes strongly for me for there an action upon the case was brought by a person for those words Thou hast made a seditious Sermon and moved the people to sedition this day And although it were there adjudged that the action lay yet the reason of the Iudgment is observable which was because the words scandalize the Plaintiff in his profession which imply that if they had not scandalized him in his profession no action would have lain And ordinary words if they scandalize a man in his profession are actionable as to say to a Iudge that he is a corrupt man or to a Merchant that he is a Bank-rupt although if they were spoken to another man they would not bear an action And although the Book say that no act followed there yet if the matter objected had been treason the very will had been punishable and by consequence a great slander But it is observed that words which imply an inclination onely to sedition are not actionable as Seditious knave but inclination to treason is treason therefore words which imply it are actionable And also for divers words an action upon the case will lye which induce not treason or felony as for calling a woman Whore by which she loseth her marriage and such like Then sedition is no offence in it self but the aggravation of an offence and no Indictment as I have said afore was ever seen of this singly by it self Tr. 21. E. 3. roll 23. Sir John Garbut's case which was put before by Mason the Indictment was in prejudice of his Crown and in manifest sedition and yet the offence there was but a Robbery It is true that upon his arraignment he stood mute therefore the Roll is that he was put to penance that is so strong and hard pain and this proves that it was not treason for if a man arraigned of treason stand mute yet the usuall judgment of treason shall be given on him And it is true also that he cannot have his Clergy because insidiator viarum was in the Indictment which if it was outs the party of his Clergy untill the Statute of 4 H. 4. c. 2. as is observed in C. 11. Poulter's case And upon the same Roll of 21 E. 3. there are four other Indictments of the same nature where Seditiosè is contained in them Anno 1585 Queen Elizabeth sent a Letter which I have seen by the hands of the noble Antiquary Sir Robert Cotton to the Maior of London for the suppressing of divers seditious Libels which were published against her Princely Government and yet in the conclusion of the Letter it appears that they were onely against the Earl of Leicester and this was to be published onely by Proclamation in London 5 H. 4. numb 11. and 13. The Earl of Northumberland preferred a Petition to the King in Parliament in which he confesseth that he had not kept his Majesties Laws as a liege subject and also confesseth the gathering of power and the giving of Liveries Wherefore he petitioned the worship of the King for so are the words for his grace The King upon this Petition demanded the opinion of the Lords of Parliament and of the Iudges assistant if any thing contained within the said Petition were treason or no and it was resolved by them all that nothing as it is mentioned in the said Petition was treason but great misdemeanors and yet truly though not fully there mentioned it was a great rebellion and insurrection But they adjudged according to the said Petition as you are now to judge upon the Return as it is made here In Mich. 33 Cawdry's case Sedition and Schism were described As schism is a separation from the unity of the Church so sedition is a separation from the unity of the Common-wealth And an Author saies that a seditious person differs from a
by Mittimus for there never was any president thereof and the Book of the House of Commons which is with their Clerk ought not to be divulged And C. Littl. is that if a man be indicted in this Court for Piracy committed upon the Sea he may well plead to the jurisdiction of this Court because this Court cannot try it 2 ly It appears by the old Treatise de modo tenendi Parliamentum that the Iudges are but assistants in the Parliament and if any words or acts are made there they have no power to contradict or controul them Then it is incongruous that they after the Parliament dissolved shall have power to punish such words or acts which at the time of the speaking or doing they had not power to contradict There are superiour middle and more inferiour Magistrates and the superiour shall not be subject to the controle of the inferiour It is a Position that in pares est nullum imperium multò minus in eos qui majus imperium habent C. Littl. saies that the Parliament is the supream Tribunal of the Kingdom and they are Iudges of the supream Tribunal therefore they ought not to be questioned by their inferiours 3 The offences objected do concern the priviledges of Parliament which priviledges are determinable in Parliament and not else-where as appears by the presidents which have been cited before 4 The common-Law hath assigned proper Courts for matters in respect of the place and persons 1 st for the place It appears by 11 E. 4.3 old Entries 101. that in an Ejectione firme it is a good plea that the land is antient demeasne and this excludes all other Courts So it is for land in Durham old Entries 419. for it is questionable there not out of the County 2 ly For persons H. 15. H. 7. roll 93 old Entries 47. If a Clerk of the Chancery be impleaded in this Court he may plead his priviledge and shall not answer So it is of a Clerk of the Exchequer old Entries 473. then much more when offences are done in Parliament which is exempt from ordinary jurisdiction they shall not be drawn in question in this Court And if a man be Indicted in this Court he may plead Sanctuary 22 H. 7. Keilw 91. and 22. and shall be restored 21 E. 3.60 The Abbot of Bury's case is to the same purpose 5 For any thing that appears the House of Commons had approved of these matters therefore they ought not to be questioned in this Court. And if they be offences and the said House hath not punished them this will be a casting of imputation upon them 6 It appears by the Old Entries 446 447 that such an one ought to represent the Borough of St. Jermans from whence he was sent therefore he is in nature of an Ambassadour and he shall not be questioned for any thing in the Execution of his office if he do nothing against the Law of Nature or Nations as it is in the case of an Ambassadour In the time of Queen Elizabeth the Bishop of Rosse in Scotland being Ambassadour here attempted divers matters against the State and by the opinion of all the Civilians of the said time he may be questioned for those offences because they are against the Law of Nations and Nature and in such matters he shall not enjoy the priviledges of an Ambassador But if he commit a civill offence which is against the Municipall Law onely he cannot be questioned for it as Bodin de Republica agrees the case Upon the Statute of 28 H. 8. c. 15. for tryall of Pirats 13. Jac. the case fell out to be thus A Iew came Ambassador to the United Provinces and in his journey he took some Spanish ships and after was driven upon this coast And agreed upon the said Statute that he cannot be tryed as a Pyrat here by Commission but he may be questioned civiliter in the Admiralty For Legati suo Regi soli judicum faciunt So Embassadors of Parliament soli Parliamento to wit in such things which of themselves are justifiable 7 There was never any president that this Court had punished offences of this nature committed in Parliament where any plea was put in as here it is to the jurisdiction of the Court and where there is no president non-usage is a good Expositor of the Law Lord Littl. Section 180. Co. Littl. f. 81. saies As Usage is a good interpreter of the Lawes so Non-usage where there is no example is a great intendment that the Law will not bear it 6 Eliz. Dy. 229. upon the Statute of 27 H. 8. of Inrolments that bargain and sale of a House in London ought not to be enrolled the reason there given is because it is not used 23. Eliz. Dy. 376. No errour lies here of a Iudgment given in the five Ports because such Writ was never seen yet in the diversity of Courts it is said That errour lies of a Iudgment given in the five Ports 39 H. 6.39 by Ashton that a protection to go to Rome was never seen therefore he disallowed it 8 If this Court shall have Iurisdiction the Court may give judgment according to Law and yet contrary to Parliament Law for the Parliament in divers cases hath a peculiar Law Notwithstanding the Statute of 1 H. 5. c. 1. that every Burgesse ought to be resident within the Burrough of which he is Burgesse yet the constant usage of Parliament is contrary thereunto and if such matter shall be in question before ye ye ought to adiudge according to the Statute and not according to their usage So the House of Lords hath a speciall Law also as appears by 11 R. 2. the Roll of the Processe and Iudgmen which hath been cited before to another purpose where an appeal was not according to the one Law or th' other yet it was good according to the course of Parliament 9 Because this matter is brought in this Court by way of Information where it ought to be by way of Indictment And it appears by 41 ass p. 12. that if a Bill of Disceit be brought in this Court where it ought to be by Writ This matter may be pleaded to the Iurisdiction of the Court because it is vi armis and contra pacem It appears by all our Books that informations ought not to be grounded upon surmices but upon matter of Record 4 H. 7.5.6 E. 6. Dy. 74. Information in the Exchequer and 11 H. 8. Keilw 101. are this purpose And if the matter be vi armis then it ought to be found by Enquest 2 E. 3.1 2. Appeal shall not be grounded upon the Return of the Sheriff but the King ought to be certified of it by Indictment 1 H. 7.6 and Stamf. f. 95. a. Upon the Statute of 25 E. 3. c. 4. that none shall be imprisoned but upon Indictment or Presentment and 28 E. 3. c. 3. 42 E. 3. c. 3. are to the same purpose
Moneys disbursed for the War delivered to the Commons p. 236. The Commons present a Remonstrance to the King p. 247. And send a Message to the Duke p. 251. Afterwards prefer an Impeachment against him p. 307. Managed at a Conference by Eight Members p. 306 307 308 c. Their Message to secure the Duke p. 361. Discontented at the Commitment of Sir John Elliot p. 362. Their Protestation concerning him and Sir Dudley Diggs p. 364 365. A great contest in the House of Peers concerning the imprisonment of the Earl of Arundel p. 367 368 c. The Commons dissatisfied that the Duke is chosen Chancellor of Cambridge p. 376 377. The Lords Petition to the King to stay the dissolving of the Parliament p. 402. A Commission to dissolve the Parliament p. 403. The Commons Remonstrance p. 404 405 c. The Kings Declaration against the Commons Remonstrance Appendix p. 1. A Speech to the Parliament without doors p. 485. A Grand Committee setled p. 494. Debates in Parliament as to grievances p. 496. The Parliament Debates the business of the Habeas Corpus p. 502. Arguments about it p. 503 504 c. A Conference about the Petition of Right p. 533. Their petition about the Billeting of Soldiers p. 548. Archbishop Abbot his Speech concerning the Petition of Right p. 552. Propositions tendered by the Lords instead of the Petition of Right p. 553. The Commons dissatisfied with the Propositions p. 554. They meet the 20 of January p. 655. Make enquiry about the Petition of Right and the violation thereof ibid. A Report from the Committee concerning Religion p. 658. The Vow of the House of Commons p. 666. Several debates about Tonnage and Poundage ib. The King commands the Speaker not to put the Question p. 670. Debates thereupon ibid. The Speaker held in the Chair ib. The King sends the Usher of the Black-Rod and he is not admitted ibid. The King grants Warrants to apprehend several Members of Parliament p. 671. His Speech at the dissolution of the Parliament p. 672. Members of Parliament are examined before the Lords of the Council ibid. Questions propounded by the Iudges concerning the imprisoned Members ibid. Paul Sir George p. 244 Pembroke Earl p. 217 Pennington Captain p. 179 334 335 Petition of right p. 597 598 Perrot Sir James p. 55 Phillips Sir Robert p. 55 498 505 543 559 655 Plague increaseth in London p. 175 Number of them who died Anno 1625. Popes assent to the Match p. 66. His Letter to the Duke of Buckingham p. 80. His Dispensation comes clogged p. 84. Pope Urban to King James p. 93. To Prince Charls p. 98 Preachers directions concerning them p. 64 65. Proclamation against Preaching and Disputing p. 416 Privy-Seals p. 420 Projects for raising money App. 12 Proxies in the House of Peers p. 273 Puritans p. 22 a. 171. Described by Sir Jo. Lamb p. 424 425 Pym Mr. p. 55 339 531 568 604 Q. QUeen Anne dieth p. 10 R. RAwleigh Sir Walter his life sought by Gundomar p. 4. And is Sacrificed to satisfie Spain p. 9. A Letter concerning him ibid. Romish Recusants Immunities granted to them p. 14. The King sollicited for favor to them p. 36 37. A Petition and Remonstrance against them p. 40 41. The Kings Answer thereunto p. 46. The King shews further favor to them p. 52. Excused p. 53. Articles in favor of them p. 89. Pope Urbans Letter on behalf of the Romish Religion p. 95 98. They promote the Match with Spain p. 102 103 King James his Letter concerning a Petition against them p. 140. The Petition it self p. 141. The Kings Answer to the Petition p. 143. Recusants taken at Clerkenwell p. 478. A Conference against them p. 510. Debates in Parliament against them and Priests arraigned at Newgate p. 668. Petition of Right p. 597 598. Rhee Island p. 431 466. Several Passages there p. 467 468 469. Richardson Sir Thomas p. 23. Richâ—â—â— Sir Nathaniel p. 55 361 614 Rochel p. 178 411 430 467 594 595 647 648 Rolls Merchant p. 654 665 666 Rous Mr. p. 593. His Speech concerning Religion p. 657. Rudyard Sir Benjamin p. 497 557 629 S. SAckvile Sir Edward p. 15 16 31 Sectaries p. 22 a. Selden Mr. p. 55 314 528 536 569 615 631 640. Brought upon a Habeas Corpus p. 689 692. Seymor Sir Francis p. 495. Sherborne Mr. Sherland Master p. 345 346 c. Sheriffs Oath excepted against pag. 201. Ship Vantguard employed against Rochel p. 178. Ships to be set out by Port Towns pag. 419. Ships Arrears for Fraight pag. 470. Sibthorp Dr. complains against the Puritans p. 424. His Sermon concerning Loan p. 426. See 440 448. Smith Richard Bishop of Calcedon sent into England p. 158 159 645. Soveraign Power p. 50 a. 567 568 569 570 571 572 573 c. Spain vide Digby Speaker vide Crew Sir Thomas Finch Sir Hennage Finch Sir John Spinola p. 14 15. Stafford Captain p. 15. Star Blazing appears p. 8. Opinion thereupon ibid. Star-Chamber Informatiâ—â— against Members of Parliament p. 675. Order there concerning the Duke p. 638. Stroud Mr. brought upon a Habeas Corpus p. 675. Appendix p. 18. T. TErm adjourned to Reading p. 201. Turner Dr. A Physitian his Queries ibid. His explanation p. 222 226. V. VAlentine Mr. his Case Append 49 Vassal Mr. his Goods seised on about Custom p. 653. Proceeded against in Star-Chamber ibid. His Plea to the Information ibid. Votes for Reparation Appendix 56 57 Vere Sir Horatio p. 14 15 40. Villers Sir Edward p. 23. Undertakers ibid. W. WAlter Sir William pag. 223. Wandesford Mr. p. 356 546 615. Warwick Earl sent to secure Langor-point p. 199. Wentworth Sir Thomas p. 496 527 529 544 560 568. Weston Sir Richard p. 12 f. 23 56 66 129 219. Made Lord Treasurer p. 646. Williams Dr. Sworn Keeper of the Great Seal p. 36 39 52. Excuses the Kings favor to Recusants p. 61 62 63 151 164 176. Refuses to proceed against the Puritans p. 424. A Passage of the Information in Star-Chamber against him p. 425. Wilmot Captain p. 15 Wimbleton Viscount p. 198 Y. YElverton Sir Henry accused by the Commons pag. 31. His Speech thereupon ibid. At which King James is offended p. 32. His particular Answer in Serie Temporis ibidem King James again offended with him p. 33. His Sentence and Restauration p. 34. Z. ZUinga Don Balthazar pag. 38 59. FINIS A CATALOGUE of such BOOKS as are Printed for and sold by Mr. George Thomason at the Rose and Crown in St. Pauls Church-yard SAncti Johannis Chrysostomi opera Graecè octo voluminibus Etonae Folio Purchas his Pilgrimage or Relations of the World and the Religions observed in all ages and places discovered from the Creation unto this present containing a Theological and Geographical History of Asia Africa and America with the Islands adjacent c. By Samuel Purchas Folio Hakluytus Posthumus or Purchas his Pilgrimes containing a History of the World in Sea
the Kings pleasure they should so do without security for redelivery of their ships or satisfaction for the same to their good contentment Hereupon Pennington went on shore at Diep and there spake with D'Effiat the Ambassador and shortly after returned aboard and gave the Captains Masters and Owners an Answer resting upon the validity and urging the performance of the former Contract made and peraffetted in England Then the said Masters and Captains prepared to be gone and weighed anchor accordingly Whereupon Captain Pennington shot at them and forced them to come again to anchor as yielding themselves for fear to his mercy and disposal Upon this Captain Pennington and the Frenchmen that now commanded the Vantguard came aboard the Merchants ships and there proposed unto them a new way for their security touching their ships namely to accept the security of the Town of Diep Whereupon they all went ashore except Sir Ferdinando Gorge who with his ship the Great Neptune adventured to come away as not liking these new and unreasonable Propositions At their coming ashore they spake with Mr. Nicholas and there by his enforcement came to a new Agreement to accept the Security of the Town of Diep upon certain hard Conditions namely The said Marquis d' Effiat as Extraordinary Ambassador in England and as having power by deputation from the Duke of Chevereux and Villocleer on or about August 15. 1625 did agree and promise to the said Moyer Touchin Thomas Davies Dard John Davies Lewen as Captains and Owners of the said ships called the Industry the Pearl the Marigold the Loyalty the Peter and Iohn and the Gift of God then being in the Road of the Town of Diep That the French King should give and furnish to the said Owners they being present and accepting it in this Town this sufficient security That within fifteen dayes after the said French King should be in possession of the said ships he should give sufficient caution in London for the sum of Two hundred and thirteen thousand Livres whereat the said ships were estimated with all that appertaineth to them as Cannons and other Munitions of War viz. Fifty thousand pounds And in or about the same 15 August 1625. the Commonalty of the said Town of Diep entred security and bound the goods of their Commonalty to the said English Captains and Owners That the said French King and his Ambassadors should furnish the security within the City of London within the time and for the sum aforesaid On or about August 16. 1625. the said Marquis d' Efâ—iat as well in his quality of being Ambassador as by vertue of his said Deputation did by a publick Act promise unto the said Moyer Touching c. to give and furnish to them they being present and requiring it in the Town of Diep sufficient security in the City of London within fifteen dayes after the French King should be in peaceable possession of the said ships for the sum of Two hundred and thirteen thousand Livres Turnoys whereat the said ships were valued namely for the said ship called the Industry and so a several sum for every ship which security should remain for assurance to pay to every of them the prices of their ships before specified in that Act in case they should be left in the French Kings hands with other particulars in the said Act mentioned without derogating nevertheless from the Clauses of the said Contract March 25. 1625. Albeit because the said Ambassadors had found it good now to discharge the English Mariners out of the said ships that therefore the freight agreed upon by the said former Contract should not be wholly paid but only for the space of the first six moneths yet if the French King would use them for twelve moneths longer or for any less time that then he should pay freight for the same according to a new particular rate and manner expressed in the said Articles and bound the goods of himself and the said Duke of Chevereux and Monsieur Villocleer for the performance hereof as by the said Article it self reference being thereunto had amongst other things more fully appeareth This Article being passed and recorded at Diep all the said seven Merchants ships except the Great-Neptune who was gone away in detestation of the action intended by the French were forthwith delivered into the absolute possession power and command of the French King and of his said Ambassador d' Effiat and other the Ministers and Subjects of the French King to be imployed by him in his service at his pleasure and not one of all the English Company Man or Boy other then one onely man a Gunner as it should seem would stay in any of those ships to serve against the Rochellors or those of our Religion As soon as these ships were thus delivered into the possession and power of the French the said Ambassador then moved them and dealt earnestly with them for the sale of their ships Mr Nicholas having finished the work he went for at his coming from Diep he recei-a Diamond-Ring worth Fifty pounds and a Hatband set with Sparks of Diamonds worth One hundred Marks of the Ambassador as a recompence for his pains taken in this Imployment which although Ambassadors do confer greater rewards sometimes at their parting upon persons of Mr Nicholas his quality for less service done yet was it more then so ill an office as he was imployed in could in any sort deserve The said Captain Pennington returned speedily into England and took his journey towards the City of Oxford where the Parliament was then sitting by adjournment from Westminster thither and there several Propositions were taken into debate for the good of our Religion and the supply of his Majesties occasions For the well resolving and setling whereof the true knowledg how and upon what occasions and terms the several ships were sent delivered imployed and to be imployed was very requisite Afterwards neverthertheless upon or about August 6. 1625. at a meeting and conference between both the Houses of Parliament in Christchurch-Hall after the reading there of his Majesties most gracious Answer to a Petition of the Lords and Commons formerly exhibited unto his Majesty touching our Religion and much for the good thereof the Duke of Buckingham well knowing all the passages which I have now related to your Lordships to be true did not onely cautelously conceal the same but also much boldly and untruely by colour of a Message delivered from his Majesty to both the Houses affirm unto them touching those ships to this effect That it was not alwayes fit for Kings to give accompt of their Counsels and that about five of the six Moneths were already past and yet the said ships were not imployed against Rochel willing and advising the said Lords and Commons to judge the things by the event to which he seemed to refer the matter By which cunning Speeches the Duke intended and accordingly did make the Lords and Commons
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