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
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
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
Articles of Marriage p. 86. The Oath taken by him p. 88. Swears to private Articles p. 88 89. And afterwards findes delays in Spain p. 102. Resolves to depart thence and leave a Proxy with Bristol p. 103. Feasts the Spanish Dons aboard his Ship p. 104. Arrives safe in England ibid. Left private Instructions with Bristol to contradict the Proxy ibid. Attests the Dukes Narrative in Parliament p. 119 Is Proclaimed King p. 169. New swears the old Privy Council ibid. Pursues their Advice p. 170. Puts forth a Proclamation of Government p. 171. Attends in person his Fathers Funeral ibid. Continues the Duke intimately in favor ibid. Levies Soldiers for the Palatinate p. 172. Signs the Articles of Marriage with France ibid. The Marriage solemnised in France p. 173. Sends the Duke of Buckingham into France to attend the Queen into England p. 174. And meets the Queen at Dover ibid. The Marriage consummated at Canterbury ibid. Brings her to London ibid. His first Speech in Parliament p. 175. The Lord Keepers Speech by his direction p. 176. Owns Montague as his servant p. 178. Adjourns the Parliament to Oxford ibid. His Ships employed against Rochel ibid. His Speech at the Parliament in Oxford p. 181. Seconded by the Lord Conway and Secretary Cook p. 182. He Answers the Commons Petition against Recusants p. 185. Sends a Message for supply p. 194. The Commons insisting still upon grievances he dissolves the Parliament p. 195. And follows his design of War ibid. Sends out Privy Seals for money p. 196. Disarms Recusants p. 198. Sends out his Fleet and Army under command of Viscount Wimbleton p. 198 199. Their unsuccessful Voyage p. 200. He now prohibites trade with Spain p. 201. Takes the Seal from Lord Keeper Williams p. 202. Calls a Parliament ibid. Prepares for his Coronation p. 203. Commands all of Forty pound per annum to appear and receive the Order of Knighthood ibid. The manner of his Coronation p. 204. The King is present at the opening of the second Parliament p. 206. And commands the Lord Keeper Coventry to speak what he intended himself to have said ibid. Forbids resort to hear Mass p. 216. The Kings Letter to the Commons to hasten supply p. 218. Seconds it with a Message p. 219. To which the Commons sent an Answer p. 220. The Kings Reply ibid. And sends another Message concerning Mr. Cook and Doctor Turner p. 222. Three Subsidies and three Fifteens Voted to be given him p. 225. And hot Debate against the Duke ibid. Whereupon the King speaks to the Parliament ibid. And refers to the Lord Keeper to speak further p. 225 226 c. And speaks again himself p. 229. His Speech explained by the Duke ibid. Receives a Petition touching Nobility p. 237. His Letter to Bristol p. 241. His Message concerning Bristol p. 243. Receives a Remonstrance from the Commons concerning the Duke p. 247. Adjourns the Parliament for a week p. 250. He is attended by some Bishops concerning the Duke p. 251. Leaves the House at liberty to present the matter concerning the Duke p. 252. His Message on behalf of the Duke against Bristol p. 260. His Speech on behalf of the Duke p. 361. Commits Sir Dudley Diggs and Sir John Elliot p. 362. Releases them p. 364. His Message concerning the Earl of Arundel p. 368. His Answer to the Lords Petition p. 371 372. His further Answer concerning the Earl of Arundel p. 373. Another Message from the King concerning the said Earl p. 374 375. The Earl of Arundel set at liberty p. 375. His Message to the Parliament that they hinder not the Election of the Duke as Chancellor of Cambridge p. 376 377. His Letter to that University on the Dukes behalf p. 378. His Letter to the Speaker concerning Supply p. 394. The Commons Petition him against Recusants p. 395. A Speech made to him by Sir Hennage Finch concerning the Duke p. 401. His Commission to dissolve the Parliament p. 403 The Parliaments Remonstrance to him p. 404 405 c. His Proclamation against the said Remonstrance p. 415. And another against disputing about Arminian Controtroversies p. 416. Causes an Information to be preferred against the Duke p. 417. Prohibites the Book of Bounty ibid. Takes the Forfeiture arising from Recusants ibid. Grants a Commission to compound with Recusants p. 418. His Proclamation to make his Revenue certain ibid. Sends to his Nobles to lend him money ibid. Demands of the City of London the Loan of One hundred thousand pounds p. 419. Requires Port Towns to furnish Ships ibid. Which the Ports in Dorsetshire dispute ibid. The City of London the like and are checked ibid. Issues forth Privy Seals p. 420. Requires inhabitants in Port Towns to repair to their Houses ibid. Sends Ships to the River Elbe ibid. Declares the King of Denmarks overthrow to be one ground of the Loan p. 422. Puts forth a Declaration concerning the Loan ibid. Gives private Instructions concerning the Loan ibid. Grants a Commission for Martial Law p. 423. Displaces Sir Randal Crew about the Loan and makes Sir Nicholas Hide Chief Iustice p. 424. Sends Six thousand English into the Netherlands pag. 425. Makes Sir Charles Morgan General of them ibid. Causes refusers of Loan money to be pressed for Soldiers p. 426. Dissatisfied with the French about the Queen p. 427. and dismisses them p. 428. His Declaration concerning a War with France p. 429. Makes the Duke of Buckingham Admiral and General and gives him a Commission ibid. Secures several Gentlemen for not paying the Loan money p. 433. Grant a Commission to sequester Archbishop Abbot p. 435. Appoints a supply to be sent to the Duke under the Earl of Holland p. 466. A List of the Debt the King owes for Fraights of Ships upon the two Expeditions to Cadize and Rhee p. 470. Calls a Parliament p. 476. Set at liberty the imprisoned Gentlemen about the Loan money p. 477. A List of those Gentry imprisoned by the King about Loan money ibid. His Commission for an Imposition in nature of an Excise considered of p. 478. His Privy Seal to pay Thirty thousand pound for raising of German Horse ibid. His Speech at the opening of the Third Parment p. 480. Lord Keepers Speech by his direction p. 481. The Speakers Speech to him p. 484. Petition to him for a Fast p. 494. His propositions for supply p. 502. His Propositions touching supply again mentioned p. 509. His Answer to the Petition against Recusants p. 511. His Propositions debated p. 525 526. His Message concerning words said to be spoken p. 529. Another Message to secure Liberties by Bill p. 530 531. Subsidies resolved to be presented unto him ibid. The Kings Answer concerning the same ibid. The Dukes Speech concerning the Commons liberal gift to the King ibid. A Message from him against a Recess at Easter p. 543. A Message from the King to hasten supply p. 544. The Speakers Speech unto him at the delivery of the Petition against Billeting
Soldiers commanded not to disband Trade prohibited with Spain Trained Bands exercised Part of Michaelmas Term adjourned The Term at Reading Hopes of a Parliament Sir Edward Cook High Sheriff his exceptions to the Sheriffs Oath The Seal taken from Bishop Willâ—ams sequestred formerly and given to Sir Thomas Coventry A Parliament Summoned Recusants to be Excommunicated The King resolved to leave Mr. Montague to the Parliament Preparations for the Kings Coronation A Proclamation for all that have Forty pound per annum to come and receive the Order of Knighthood A Thanksgiving for the Plagues ceasing Number of those who died of the Plague The Ceremonies at the Kings Coronation Archbish. P.P. The Kings Answer A Second Parliament meets The Lord Keepers Speech Sir Hennage Finch chosen Speaker His Speech Grievances taken into consideration Grievances laid open Articles against Mr Montague People prohibited for going to Mass at Ambassadors Houses The Atturney's Letter to the Judges concerning Recusants The Council of War for the Palatinate questioned in the House of Commons The Earl of Pembroke at a Conference presseth Supply Reports from the Committee concerning Evils and Remedies A Committee of the Lords House to consider of the safety of the Kingdom comunicated to the Commons Not well resented The Kings Letter to the Speaker Sir Richard Westons Message The Commons Answer to the Kings Message by Sir Richard Weston The Kings Reply Doctor Turners Queries against the Duke Another Message from the King by Sir Richard Weston Dr. Turners Explanation Dr. Turners Letter to the Speaker Sir W. Walters opinion of the Cause of Grievances Sir Iohn Eliot pursues the Argument against the Duke Three Subsidies and Three Fifteens Voted Debate concerning the Duke resumed The Kings Speech March 29. The Lord Keepers Speech The King proceeds The Duke at a Conference explains the Kings late Speech and the Lord Keepers Declaration The Duke renders an account of his Negotiation in the Low-Countreys The Lord Conway vindicates the Duke A List of Moneys disbursed for the War The Lords Petition touching Precedency chalenged by Scots and Irish Nobles The Lord Conways Letter to the Earl of Bristol The Earl of Bristols Letter to the Lord Conway The Earl of Bristol petitions the House of Lords The Petition referred to the Committee of Priviledges The Kings Letter to the Earl of Bristol The Earl of Bristol Petitions the Lords upon receipt of his Writ A Message from the King to the House of Lords The Marshal of Middlesex's Petition touching Priests The Commons Remonstrance to the King in Answer to his Majesties and the Lord Keepers Speech The House adjourned for a week Private advice given to the Duke The Bishops commanded to attend the King The Dukes answer to a Message from the Commons reported Glanviles report from the Committee The Kings Message touching new matter against the Duke The Earl of Bristol brought to the bar of the Lords House Articles against the Earl of Bristol The Earl of Bristols expressions at the time of his Accusation The Earl of Bristols speech at the Bar of the Lords House at the delivery of his Articles against the Duke He layes open his Case to the Parliament The Lord Chamberlain attests the truth of what the Earl had said The Earl proceeds The Earl of Bristols Articles against the Duke The Earl of Bristols Articles against the Lord Conway A Message from the King to the Lords concerning Bristol's Articles against the Duke The Reasons The Earl of Bristols Speech by way of Introduction before he gave in his Answer His Service to the Palatinate when he was Ambassador to the Emperor His Service to the Palatinate before his Ambassie to the Emperor His arrival in Spain and behavior there His carriage concerning the Match Means to shew that the Match was intended by the Spaniard Bristol not the cause of the Delays in Spain He never disswaded the King to take Arms. He advised both King and Prince to a Protestant Match He never moved his Majesty to set Priests at liberty A Declaration signed by my Lord Conway in behalf of Roman Catholicks He perswaded not the Prince to change his Religion He advised both King and Prince if they will Match with a Catholick rather to Spain then France but cheifly to a Protestant Princess He constantly professed the Protestant religion King Iames proposeth a Match to the Prince Palatine between his eldest son and the Emperors daughter The Earls Reasons why he was forward to consummate the Match til warrant came to the contrary The restitution of the Palatinate promised by the King of Spain and Olivarez The advantages of the Spanish Match to England The Commons Articles against the Duke His ingrossing many Offices Plurality of Offices His buying of Offices His buying the Cinque 〈◊〉 the Lord Zouch The first Article enlarged by Mr. Herbert The second and third enlarged by him His neglect of guarding the Seas His taking a Ship called St Peter of Newhaven The fourth Article enlarged by Mr Selden The Fifth Articles enlarged by Mr Selden His delivering Ships into the hands of the King of France Those ships to be used to his knowledge against Rochel Mr. Glanvile enlargeth the Sixth Article Mr. Glanvile inlarges the Seventh and Eighth Articles Mr. Pym enlargeth the 11. Article The 10. Article enlarged His imbezling and engrossing the Kings money and Lands Mr Sherland enlarges the Ninth Article He enlargeth the Twelfth Article The Thirteenth Article enlarged by Mr. Wandesford Sir Ioh â—llâ—â—â—â— speech concluding the Dukes Impeachment Sir Iohn Elliot and Sir Dudley Diggs committed to the Tower Private Suggestions to the King in behalf of the Duke Kings Speech concerning the Duke The Commons Message by Sir Nath. Rich to seeure the Duke The Dukes Speech against the Commons The Commons discontented at the imprisonment of their Members Sir Dudley Carleton's Speech The Commons Protestation touching words imputed to Sir Dudley Diggs Sir D. Diggs released out of prison protests he never spake the words charged on him The King is satisfied that the words were not spoken The Duke dissatisfied Thirty six Lords protest they heard not the words supposed to be spoken at a Conference Sâ—r Iohn Elliot is released out of the Tower Is charged by Sir Dudley Carlton for his Speech against the Duke He dischargeth himself The Lords Petition to the King about the Earl of Arundel imprisoned in the time of Parliament The Kings Message to the Lords touching the Earl of Arundel The Lords resolved to maintain their priviledges A Remonstrance and Petition of the Peers in behalf of the Earl of Arundel The Kings first Answer to the Remonstrance and Petition The King promiseth to answer the said Remonstrance The Lords are urgent for an Answer The King returns another Answer to the Lords touching the Remonstrance Another Petition to the King touching the Earl of Arundel The King takes exception at the Petition The Lords desire to know of his Majesty to what part of the Petition he takes
exception The Petition presented again and the word present left out The Kings answer to the Petition so ordered The Kings Answer to the Petition Another Petition of the Lords touchâ— the Earl of Arundel The Kings Answer to this Petition The Lords adjourn in disgust till the morrow His Majesties Message to the Lords Upon this Message the Lords adjourn for a seven-night Another Message to the Lords from his Majesty concerning the Earl of Arundel The Lords adjourn again Another Message from the King to the Lords concerning the Earl of Arundel Another Message to the Lords from his Majesty The Earl of Arundel released comes to the House The Duke chosen Chancellor of Cambridge during his Impeachment The Earl of Berk-shire's Letter to Mr. Chester touching Votes conferred upon him in the Choice of the Chancellor of Cambridge The Commons Answer His Majesties Reply The Dukes Letter of Acknowledgement to the University of Cambridge The Kings Letter to the said University The Duke of Buckinghams Speech to the Lords House before he gave in his Answer His Answer and Plea to the Impeachment of the House of Commons His Charge touching Plurality of Offices His Charge touching his buying the Admirals place The Charge touching his buying the Wardenship of the Cinque Ports The Charge touching his not guarding the Seas The Charge touching the unjust stay of the Ship of Newhaven called the St. Peter after Sentence The Charge touching his Extortion of Ten thousand pounds from the East-India Company with the abuse of the Parliament The Charge touching his putting the Ships into the hands of the French Since the Dukes Answer delivered into the House he hath himself openly declared to their Lordships That for the better clearing of his Honor and Fidelity to the State in that part of his Charge which is objected against him by this Seventh Article he hath been an earnest and humble Suiter to his Majesty to give him leave in his Proofs to unfold the whole Truth and Secret of that great Action and hath obtained his Majesties gratious leave therein and accordingly doth intend to make such open and clear Proof thereof that he nothing doubteth but the same when it shall appear will not onely clear him from blame but be a Testimony of his care and faithfulness in serving the State The Charge touching his practice of the employment of them against Rochel The Charge touching the compelling the Lord R. to buy Honor. The Charge touching his selling of places of Judicature The Charge touching his procuring of Honors for his poor Kinred The Charge touching his exhausting intercepting and mis-employing the Kings Revenue The Charge touching his transcendent presumption in giving Physick to the King The Kings Letter to the Speaker touching speedy supply to his Majesty The Commons Petition to the King concerning Recusants The Commons Answer to his Majesties Letter by the Speaker * Mr Glanvile The Kings Declaration of the Causes of assembling and dissolving the two last Parliaments The King takes notice of the intended Remonstrance in a Proclamation Another Proclamation against preaching or disputing the Arminian Controversies pro or con The King commands an Information to be preferred against the Duke in Star-Chamber The King forbids to solicite any Suit prohibited in the Book of Bounty The Council order all Customs to be paid And Forfeitures arising from Recusants A Commission to compound with Recusants A Proclamation to make the Kings Revenue certain The King sends to the Nobles to lend him liberally He demands of the City the Loan of One hundred thousand pounds The Port Towns are to furnish Ships The Ports of Dorsetshire send an excuse The City of London desire an Abatement of their Ships Are checkt by the Council Privy Seals issued out A Fast observed Commissions to Deputy Lieutenants to Muster Try and Array men Inhabitants withdrawn from Ports and Sea Towns required to return Ships sent to the River of Elbe A Fleet prepared The King of Denmarks Declaration why he takes up Arms against the Emperor A Battel between the Dane and the Emperor The overthrow of the King of Denmark an Inducement to the raising of Moneys by Loan A Declaration concerning Loan-Money Private Instructions to the Commissioners for the general Loan Billeting of Soldiers Commissions for Martial Law The Lords to advance the Loan Sir Randolph Crew removed from his place for not furthering the Loan Informations sent to the Council Table against the Bishop of Lincoln The Bishop refuses to proceed Ex Officio against the Puritans * Meaning the Petition against Recusants at Oxford Puritans described by Sir Iohn Lamb. Information in Star-Chamber against the Bishop of Lincoln Bishop Laud his Dream The interpretation thereof Six thousand English in the Service of the Vnited Provinces Sir Charls Morgan General of the English forces Some do refuse the Loan though others offered to lend the refusers money so they would but subscribe They are ordered to be pressed for Soldiers The Refusers to lend were severely deal with An. 1627. Dr. Sibthorps Sermon concerning the Loan Dr. Manwaring in two Sermons promotes the Loan Distastes and jealousies between England and France The French dismissed Ill resented in France Private Transactions to engage in a War against France The King of Great Britains Declaration concerning a War with France The Duke of Buckingham Admiral and General His Commission The Duke sets â—ail with the Fleet and Army The Rochellers are fearful to admit the English Yet call an Assembly and heard Sir William Beechers Message The Rochellers still timerous A well affected party in Rochel The Duke communicates his design to Sobiez The Duke lands his Army at the Isle of Rhee A â—ore â—ight at the landing The Army stays five days after the fight A Fort neglected to be taken in The French astonished at the landing of the English The Duke comes before the Fort at St. Martins Blocks up the Cittadel Gentlemen secured and confined for refusing to part with money upon the Loan Sir John Elliots Petition to the King concerning the Loan Archbishop Abbot in disfavor The Commission to Sequester Archbishop Abbot from all his Ecclesiastiâ—al Offices The Archbishops Narrative concerning his disgrace at Court His Age when this befel him His indisposition kept him from Court and exposed him to censure The Duke offended with the Archbishop for not stooping to him The Archbishop is foretold of the Dukes displeasure Sibthorps Sermon for Loan Money The Dukes design in having this Sermon sent to the Archbishop to Licence it Mr Murrey sent from the King with the Sermon to the Archbishop to have it Licenced by himself The discourse by way of Dialogue between the Archbishop and Mr. Murrey on that occasion The Archbishops Reasons why he could not Licence it His Majesty returns Answer by Mr. Murrey to those Reasons of the Archbishop The Archbishop desires Bishop Laud may be sent to him to treat of that Sermon The Archbishop sends his Objections to the Court
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
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
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
thereupon their Lordships will be pleased to take care that the Grand-Iury men either by Evidence or their own Knowledge indict them which are not already indicted before the end of the Assises and that their Lordships admit no Traverse unless the Persons convicted have first yeilded their bodies into the custody of the Sheriff as their Lordships know well all the Iudges with one voice resolved the Law to be 3 That there be special care taken of Schoolmasters and Teachers of any kinde who are Popish that they be presented and proceeded against 4. That their Lordships give knowledge to the Counties where they sit that the married Women who are Popish Recusants convicted by the Law ought to be committed to the Common-Goal without Bail unless their husbands redeem their liberty by the constant payment of 10 l. a moneth and that it must be executed Your Lordships ready to be commanded ROB. HEATH Inner-Temple Mar. 7. 1625. The Commons proceeded in the Examination of Grievances and had a Report made unto them That the reason wherefore our Merchants Ships and Goods were seised in France was by reason of Sir Iames Bagg Vice-Admiral for Cornwal and other mens dealings towards the French in seising upon their goods in several Ports in England and particularly the seising of the Ship called the Peter of New-haven and brought into Plymouth by order from the Lord Duke after the King and Council had ordered this Ship to be restored upon a just Claim and that the Court of Admiralty had also released her That till this action the French did not begin to seise any English Goods or Ships That twenty and three bags of silver and eight bags of gold were by Sir Francis Steward delivered to the Lord Duke the Duke having notice hereof said he would justifie the stay of the Ship by order from the King The Council of War appointed to manage the business for the relief of the Palatinate were called into the House of Commons and this Question was propounded unto them Whether their Advice was followed which they gave for the four Ends mentioned in the Act of Parliament 21 Iacobi for which the moneys given by that Act were to issue Lord Carey Earl of Totnes and Lord Brook desired to be excused from answering the Lord Vere said He had been much absent in the Low-Countries and could say little the Lord Grandison said that since Iuly last they had seldom met Sir Robert Mansel and Sir Iohn Oyle desired a Copy of the Question and that they might all confer together before they gave Answer to a Question of this Concernment Afterwards the same persons except the Lord Vere were called in again who gave unsatisfactory answers when they were pressed to deal clearly and fully in the business It was answered by some of them That they conceived by the Act of Parliament they were bound to make no other Answer then what they had done Others desired before they answered that they might have the Kings consent first That obtained and a special Order of the House requiring an Answer Sir Robert Mansel declared his readiness to give a cleer and full Account While matters were thus debated Mr Secretary Cook delivered a Message from the King to the Commons declaring his Majesties occasion for Supply This Message was strengthened by a Conference which the Lords desired with the Commons where William Earl of Pembrook represented the Affairs of Christendom how they stood before the breach of the Treaties with Spain and how at that present shewing That the condition of the Palatinate was nothing bettered That Count Mansfiels Army was raised for the diversion of the League Catholick in Germany That the King of Denmark had thereupon engaged himself to stand or fall in this Quarrel in case of Supplies That the Swedes were forward and lastly That his Majesty had made a strict Alliance with the Hollander upon these terms That they shall bear a fourth part of the expence of our Navy and onely have a fourth part of the spoils the Lands and Cities conquered to be the Kings The fruits of all rich advantages will be lost if a speedy Assistance be not resolved on The Commons not thinking fit to take into consideration the matter of Supply at present call for a Report from the Committee appointed to consider of the Causes and Remedies of Evils which being made by Mr Wandesford it was resolved That the Diminution of the Kingdom in strength and honor is a general Evil which we suffer under a second the increase and countenancing of Papists a third the not guarding of the narrow Seas a fourth Plurality of Offices in one hand a fifth sales of Honors and places of Judicature a sixth delivery up of Ships to the French a Seventh misimployment of three Subsidies and three fifteens c. And they further ordered That the Duke whom these Misdemenors especially reflected on have notice that the Commons House intend suddenly to resume the debate of these things and Mr Clement Cook said openly That it were better to die by an Enemy then to suffer at home The Lords at that time more readily complying with the Kings desires appointed a Committee to consider of the safety and defence of the Kingdom in general and particularly of the safeguard of the Seas the store of Ammunition and Arms and all things incident thereunto and of strengthening the Forts for this the King gave them thanks and desired them to proceed with alacrity The Committee of Lords made haste and reported their advice to the House That one Fleet be presently set to Sea against the King of Spain to annoy him and to prevent the Invasion of this Kingdom That another be set out to defend our own Coasts and the Merchants from Pirats and that consideration be had of maintaining the Armies under the King of Denmark and Count Mansfield but the House would give no opinion thereupon till they had Conference with the House of Commons which was desired upon this occasion To which Message the Commons onely returned this Answer That they desire to have a good correspondency with their Lordships and will be ever carefull of the safety and defence of the Kingdom and maintain their own priviledges as is fitting and immediately proceed with the debate concerning the Duke which was a little interrupted as well by a Letter of the Kings to the Speaker as by a Message delivered by Sir Richard Weston touching Supply King Charles to the Speaker Trusty and Welbeloved c. HAving assembled the Parliament early in the beginning of the year for the more timely help and advice of our People in our great and important Affairs and having of late not onely by Message but also of our self put our House of Commons in minde of our pressing occasions and of the present Estate of Christendom wherein they have equal interest with us as well in respect of their own former engagements
unfortunate mistaking of the Speeches I used to Mr. Clark I shall conclude by entreating your Lordships favor That I may understand from you as I hope for my comfort that this Letter hath given his Majesty satisfaction or if there should yet remain any scruple That I may have a clear and plain signification of the Kings pleasure which I shall obey with all Humility Your Lordships humble Servant BRISTOL The Earl of Bristol petitions the House of Lords shewing That he being a Peer of this Realm had not received a Summons to Parliament and desires their Lordships to mediate with his Majesty that he may enjoy the Liberty of a Subject and the Priviledge of his Peerage after almost two years restraint without being brought to a Tryal And if any Charge be brought in against him he prayeth that he may be tryed by Parliament The business is referred to the Committee of Priviledges and the Earl of Hartford reported from that Committee That it is necessary that their Lordships humbly beseech his Majesty that a Writ of Summons may be sent to the Earl of Bristol as also to such other Lords whose Writs are stopped except such as are made uncapable to sit in Parliament by Judgment of Parliament or some other Legal Judgment Hereupon the Duke signified to the House That upon the Earl of Bristols Petition to the King His Majesty had sent him his Writ of Summons And withal he shewed to the Lords the Copy of a Letter written from the King unto the said Earl being as followeth WE have received your Letter addressed unto us by Buckingham and cannot but wonder that you should through forgetfulness make request to us of favour as if you stood evenly capable of it when you know what you behaviour in Spain deserved of us which you are to examine by the observations we made and know you well remember how at our first coming into Spain taking upon you to be so wise as to foresee our intention to change our Religion you were so far from disswading us that you offered your advice and secresie to cocurre in it and in many other Conferences pressing to shew how convenient it was to be a Roman Catholick it being impossible in your opinion to do any great action otherwise And how much wrong disadvantage and disservice you did to the Treaty and to the Right and Interest of our dear Brother and Sister and their Children what disadvantage inconvenience and hazard you intangled us in by your Artifices putting off and delaying our return home the great estimation you made of that State and the low price you set this Kingdom at still maintaining that we under colour of friendship to Spain did what was in our power against them which you said they very well knew And last of all your approving of those Conditions that our Nephew should be brought up in the Emperors Court to which Sir Walter Ashton then said that he durst not give his consent for fear of his head you replying unto him that without some such great Action neither Marriage nor Peace could â—e had Upon the receipt of the Writ Bristol again Petitions the House of Lords and annexes to his Petition the Lord Keepers Letter and his own Answer thereto and desires to be heard in accusation of the Duke The humble Petition of Iohn Earl of Bristol Humbly shewing unto your Lordships THat he hath lately received his Writ of Parliament for which he returneth unto your Lordships most humble thanks but ioyntly with it a Letter from my Lord Keeper commanding him in his Majesties name to forbear his personal attendance and although he shall ever obey the least intimation of his Majesties pleasure yet he most humbly offereth unto your Lordships wise considerations as too high a point for him how far this may trench upon the Liberty and Safety of the Peers and the Authority of their Letters Patents to be in this sort discharged by a Letter missive of any Subject without the Kings hand And for your Lordships due information he hath annexed a Copy of the said Lord Keepers Letter and his Answer thereunto He further humbly Petitioneth your Lordships That having been for the space of two years highly wronged inpoint of his Liberty and of his Honor by many sinister aspersions which have been cast upon him without being permitted to answer for himself which hath been done by the power and industry of the Duke of Buckingham to keep him from the presence of his Majesty and the Parliament lâ—st he should discover many crimes concerning the said Duke He therefore most humbly beseecheth That he may be heard both in the point of his Wrong and of his Accusation of the said Duke wherein he will make it appear how infinitely the said Duke hath both abused their Majesties the State and both the Houses of Parliament And this he is most confident will not be denied since the Court of Parliament never refuseth to hear the poorest Subject seeking for redress of Wrongs nor the Accusation against any be he never so powerfull And herein he beseecheth your Lordships to mediate to his Majesty for the Suppliants coming to the House in such sort as you shall think fitting assuring his Majesty That all he shall say shall not onely tend to the Service of his Majesty and the State but highly to the Honor of his Majesties Royal Person and of his Princely vertues And your Suppliant shall ever pray for your Lordships prosperity The Lord Keeper to the Earl of Bristol March 31. 1626. My very good Lord BY his Majesties commandment I herewith send unto your Lordship your Writ of summons for the Parliament but withal signifie his Majesties pleasure herein further that howsoever he gives way to the awarding of the Writ yet his meaning is thereby not to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as you did before so as your Lordships personal attendance is to be forborn and therein I doubt not but your Lordship will readily give his Majesty satisfaction And so I commend my service very heartily unto your Lordship and remain Your Lordships assured Friend and Servant THO. COVENTRY C.S. Dorset-Court March 31. 1626. His Answer to the Lord Keeper May it please your Lordship I Have received your Lordships Letter of the 31 of March and with it his Majesties Writ of Summons for the Parliament In the one his Majesty commandeth me that all excuses set aside upon my Faith and Allegiance I fail not to come to attend his Majesty And this under the Great Seal of England In the other as in a Letter missive his Majesties pleasure is intimated by your Lordship that my personal attendance should be forborn I must crave leave ingenuously to confess unto your Lordship that I want judgement rightly to direct my self in this Case as likewise that I am ignorant how far this may trench
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
likewise besides his Charge That he brake off ambiguously and abruptly with a Sentence of Cicero as if something else might be which was not yet discovered Sir Iohn Elliot thanked the Vice-Chamberlain for dealing so plainly with him and giving him occasion to clear himself And to the particular charged against him he answered First considering the Dukes plurality of great and different Offices together with his deceit and fraud in perswading the Merchants to go to Diep there to entrap them in colouring the Designs to the King which he had plotted to serve against those of his Religion in abusing the Parliament at Oxford and disguising his purpose as if the ships were to go to Rochel These particulars being so various and of such a nature he called by the name of Stellionatus from a beast discoloured uncertain and doubtfull that they knew not by what name to call it or by what colour to describe it and these he called a Character of the minde because they lie in the heart and were deceits to abuse the King and Parliament Secondly as to his saying He knew not the ships were come he answered he did not know it then and as yet he knew it not though it was true that he had heard it Thirdly he denied not that speaking of the Duke he sometimes used this word that man though at other times he was not wanting to give him his due titles and said That the Latines speaking of Caesar call him Ille Caesar and that the same is usual in all Languages nor did he think the Duke to be a God Fourthly he conâ—â—ssed That he paralleled him with the Bishop of Ely and Sejanus and though there were many particular censures of that Bishop yet he produced none but such as were within the compass of his Charge nor did he apply the Veneries and Venefices of Sejanus to the Duke but excluded them Lastly touching the Physick of the King he said he brake off so abruptly in aggravation of the Dukes offence who not content with the injury of Justice the wrong of Honor the prejudice of the State nor that of the Revenue his attempts go higher even to the person of the King making on that his practice in such a manner to such an effect that he said he feared to speak nay he doubted to think in which regard he left it as Cicero did another thing Ne gravioribus c. It was then resolved on the Question That Sir Iohn Elliot hath not exceeded the Commission given him in any thing that passed from him in the late Conference with the Lords The like for Sir Dudley Diggs both passed without a Negative the like Vote did pass for Mr Selden Mr Herbert Mr Glanvile Mr Sherland Mr Pym and Mr Wandesford who were also managers at that Conference The King in the time of this Parliament had committed the Earl of Arundel to the Tower but the cause of his Commitment was not expressed yet it was conceived to be about the Marriage of the Lord Maltravers the Earls eldest son to the young Duke of Lenox his sister which was brought about by the contrivance of the Countess of Arundel and the old Dutchess of Lenox The Lords were highly discontented at his commitment in time of Parliament concerning whose Liberties and their own Priviledges they had presented several Petitions to his Majesty but receiving no satisfactory answer thereto agreed on this ensuing Petition occasioned by the release of Sir Dudley Diggs May it please your Majesty THe cause that moves us now to attend your Majesty as at first we did is because we observe that the House of Commons have speedily received a Member of theirs who was committed We the Peers ambitious to deserve of your Majesty and to appear to the eye of the world as much respected in our Rights and Priviledges as any Peers or Commons have ever been acknowledging you a King of as much goodness as ever King was do now humbly beseech that the Earl of Arundel a Member of our House may be restored to us it so much concerning us in point of Priviledge that we all suffer in what he suffers in this Restraint In March last when the Earl of Arundel was committed the House of Lords purposed to take the same into their considerations and so to proceed therein as to give no just cause of offence to his Majesty and yet preserve the Priviledges of Parliament The Lord Keeper of the Great-Seal thereupon signified unto the House that he was commanded to deliver this Message from his Majesty unto their Lordships viz. That the Earl of Arundel was restrained for a misdemeanor which was personal to his Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament Whereupon the House was put into a Committee and being resumed The Lords Committees for Priviledges c. were appointed to search for Presidents Concerning the commitment of a Peer of this Realm during the time of Parliament and the Lord Chief Justice Mr Justice Doderidge and Mr Justice Yelverton were appointed to attend their Lordships in that behalf The day following the Lord Teasurer delivered another Message from the King in haec verba WHereas upon a Motion made by one of your Lordships the Lord Keeper did yesterday deliver a Message from his Majesty that the Earl of Arundel was restrained for a misdemeanor which was personal to Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament His Majesty hath now commanded him to signifie to your Lordships that he doth avow the Message in sort as it was delivered to have been done punctually according to his Majesties own Direction and he knoweth that he hath therein done justly and not diminished the Priviledges of that House And because the Committee appointed yesterday to search for Presidents c. had not yet made any Report to the House therefore the directions for this business were suspended for that time Not long after the Earl of Hertford made report to the House That the Lords Committees for Priviledges met on Monday last The first Question that arose amongst them was Whether those Proxies were of any validity which are deputed to any Peer who sitteth not himself in Parliament And it was conceived that those Votes were lost Whereupon the Committee found this House to be deprived of five suffrages by the absence of the Earl of Arundel unto whom they were intrusted And the Committee finding by the Journal Book that the Sub-Committee which was appointed to â—earch Presidents for Priviledges concerning the Commitment of a Peer in the time of Parliament had not yet made report to the House and then considering together their Notes of Presidents whereof they had made search found That no one Peer had been committed the Parliament fitting without trial of Judgement of the Peers in Parliament and that one only President of the Bishop of Winchester
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
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
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
and other Lands to the said Title of Earl of Arundel 11. An Act to assure the Joynture of the Lady Francis Nevil and to enable the Lord Abergavenny to sell Lands 12. An Act concerning the Lands of William Earl of Devon 13. An Act to confirm the Estates of the Lord Morlies Tenants in Tatham and Gressingham 14. An Act for reestating of Lands of William Morgan Esq and discharging the trust concerning them 15. A Declararation of the Commons against Doctor Manwaring 16. An Act to enable Dutton Lord Gerrard to make a Joynture to any Wife that he shall hereafter marry and to provide for younger children and the securing of Portions for Alice Frances and Eliz. Gerrard sisters of the said Lord Gerrard 17. An Act for restitution in blood of Carew Rawleigh Esq and to confirm Letters Patents made to the Earl of Bristol by King James 18. An Act for the Naturalizing of Isaac Ashley Henry Ashley Thomas Ashley and Bernard Ashley sons of Sir Jacob Ashley Knight 19. An Act for Naturalizing of Samuel Powel 20. An Act for the naturalizing of Alexander Levingston Gent. 21. An Act for the naturalizing of John Trumbal and of William Beere Edward Beer and Sidney Beere and Samuel Wentworth 22. An Act for the amendment of a word miswritten in an Act made An. 21. Iac. R. to enable Vincent Lowe Esq. to sell Lands c. 23. An Act for naturalizing of Sir Robert Ayton Knight 24. An Act for confirmation of Letters Patents made by King James to John Earl of Bristol 25. An Act for naturalizing of John Aldersey Mary Aldersey Anne Aldersey Eliz. Aldersey and Margaret Aldersey c. 26. An Act for the naturalizing of Daniel Delingue Knight 27. An Act for the naturalizing of Sir Robert Dyel Kt. and George Kirk Esquire 28. An Act for the naturalizing of James Freese In the Interval between the two Sessions there happened many remarkable passages DOctor Manwarings Sermons intituled Religion and Allegiance were suppressed by Proclamation the King declaring that though the grounds thereof were rightly laid to perswade obedience from Subjects to their Sovereign and that for conscience sake yet in divers passages inferences and applications thereof trenching upon the Laws of this Land and proceedings of Parliaments whereof he was ignorant he so far erred that he had drawn upon himself the just censure and sentence of the High Court of Parliament by whose judgement also that Book stands condemned Wherefore being desirous to remove occasions of scandal he thought fit that those Sermons in regard of their influences and applications be totally suppressed Then a Proclamation came forth declaring the Kings pleasure for proceedings with Popish Recusants and directions to his Commissioners for making compositions for two parts of three of their Estates which by Law were due to his Majesty neverthelesse for the most part they got off upon easie tearms by reason of compositions at undervalues and by Letters of Grace and protection granted from time to time to most of the wealthiest of them This was seconded with another Proclamation commanding that diligent search be made for all Priests and Jesuites particularly the Bishop Calcedon and others that have taken Orders by authority from the See of Rome that they be apprehended and committed to the Goale of that County where they shall be found there to remaine without Bayle or Mainprize till they be tryed by due course of Law and if upon trial and conviction there shall be cause to respit the execution of any of them they shall not lie in the Common Goals much lesse wander about at large but according to the example of former times be sent to the Castle of Wisbitch or some other safe prison where they shall remain under strait and close custody and be wholly restrained from exercising their function and spreading their superstitious and dangerous doctrines Hereupon the Privy Councel wrote to the Bishop of Ely a Letter of the tenour following WHereas his Majestie hath beene informed that the Romish Priests Jesuites and Seminaries lurking in this Kingdome do obstinately and maliciously continue their wonted practises to supplant the true Religion established and to seduce his people from obedience stirre up sedition and subvert the State and Government so far as it lieth in their power his Majesty hath therefore commanded us to signifie unto your Lordship that it is his expresse will and pleasure according to his Declaration in Parliament and his Royal Proclamation since published you shall forthwith prepare and make ready the Castle of Wisbitch in the Isle of Ely to receive and lodge all such Priests Jesuites and Seminaries and other prisoners as shall be hereafter sent thither and there treat and governe them according to such instructions and directions as shall be prescribed by this board The Jesuites taken in Clarken-well being then in several prisons it was ordered by the Councel they should all be removed to Newgate and such of them as were not as yet convicted and condemned should be proceeded against untill they were condemned and then that they all should be sent to the Castle of VVisbitch according to the Proclamation in that behalf and the Attorney General was required to take course to entitle the King to the goods taken in the house which was designed for a Colledge and accordingly they were proceeded against and but onely one convicted which proceeding was questioned in the ensuing Session of Parliament And upon Information that there was a greater concourse of Recusants in or near London then had been usual at other times the Privy Councel sent to the Lord Mayor to require him to cause diligent search to be made within the City and Liberties thereof and to finde out what Recusants did inhabit or remaine there as House-keepers Inmates or Lodgers or in any manner and to return a certificate to the board both of their names and qualities distinguishing which were Trades-men that were there by occasion of their Trades according to to the Statute in that behalf and which were of no Trade but resorted thither from other parts of the Kingdom Iuly 15. being St. Swithins day Sir Richard VVeston Chancellor of the Exchequer was made Lord Treasurer of England and the same day was Bishop Laud translated to the Bishoprick of London About the same time Master Montague formerly mentioned was designed to the Bishoprick of Chichester upon the decease of Bishop Carleton Neverthelesse his Appello Caesarem was thought fit to be called in the King declaring that out of his care to maintain the Church in the unity of true Religion and the bond of peace to prevent unnecessary disputes he had lately caused the Articles of Relgion to be reprinted as a rule for avoiding diversities of opinions and considering that a Book written by Richard Montague now Bishop of Chichester intituled Apello Caesarem was the first cause of those disputes and differences which since have much troubled the quiet
sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five thousand pounds shall be assigned for the dammages losses sufferings and imprisonment sustained and undergone by Mr. Strode late a member of this House deceased for service done by him to the Common-wealth in the Parliament of tertio Caroli Resolved c. That Mr. Benjamin Valentine shall have the sum of five thousand pounds paid unto him for the dammages losses sufferings and imprisonments sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five hundred pounds shall be bestowed and disposed of for the erecting a Monument to Sir Miles Hobert a Member of the Parliament of tertio Caroli in memory of his sufferings for his service to the Common-wealth in that Parliament of tertio Caroli Resolved c. That Mr. Samuel Vassell shall have the sum of ten thousand four hundred forty five pounds twelve shillings two pence paid him for his losses and dammages sustained for denying to pay Tunnage and Poundage not granted by Act of Parliament in pursuance and obedience to a Declaration and Vote of this House Resolved c. That this House doth declare that they will in due time take Mr. Vassell into further consideration for his imprisonment and personall sufferings Ordered That it be recommitted to the Committee who brought in this Report to consider how the severall sums of mony this day ordered to be paid for dammages to the severall Members and others before named for their sufferings in the service of the Common-wealth may be raised FINIS AN INDEX Alphabetically digested relating to the Principal Persons and Matters contained in this Book A. ABbot Archbishop his advice concerning the Palatinate War p. 12 In disgrace at Court p. 61. his Letter to the King against Toleration of Popery p. 85. Still in disfavor p. 435. A Commission to sequester him â—b his Narrative at large containing the true cause of his being sequestred from p. 438. to 461. His Speech concerning the Petition of Right p. 552 Abbot Doctor p. 62 Acts passed in Parliament p. 152 195 644 Alford Master p. 568 Allured Master his Letter to the Duke p. 91. Another concerning the Duke p. 621 Ambassadors private Instructions p. 18 Anhault Prince made General of the Bohemians p. 14 Arminians p. 62 111 177 180 181 479 Arundel Earl p. 368 c. Ashley Serjeant questioned for words p. 552 Aston Sir Walter p. 14 60 106 107 113 114 Le Assembli des notables c. p. 691. And p. 14. Appendix Aske Mr. His Argument for Master Stroud p. 18. Appendix B. BAcon Lord Chancellor p. 28 29 31 162 Barkley Serjeant his Argument against Mr. Stroud Appendix p. 21 Barkshire Earl p. 376 Barons of the Exchequer sent unto about Merchants gâ—ods p. 666 667 Beecher Sir William p. 430 Bethlem Gabor assists the Bohemians p. 12 Bohemians vide Palatinate Book of Bounty prohibited p. 417 Bramston Serjeant upon the Habeas Corpus p. 463 Bristol vide Digby Buckingham writes unto Gundamor of King James dissatisfaction about the Palatines War p. 16. Goes with the Prince into Spain p. 76. Made Duke p. 78. A Letter sent to him from Mr. Allured p. 91. His Narrative to both Houses of Parliament p. 119. The truth thereof attested by the Prince p. 16. The Popes Letter to him p. 80. His head demanded by the Spanish Ambassador p. 126. The Duke is justified of both Houses ibid. And by King James who called him his disciple p. 127. Is accused again by the Spanish Ambassador p. 144 Renders an account in Parliament of the Fleet p. 190. And also speaks on his own behalf p. 191. Queries in Parliament concerning the Duke p. 221. Sir John Elliot concerning the Duke p. 224. The Kings Speech on behalf of the Duke p. 225. Lord Keeper to the same purpose p. 227. The Duke explains the Kings and the Lord Keepers Speech in Parliament p. 229. And renders an account of his Negotiation in the Low Countreys and elswhere p. 231. Is vindicated by the Lord Conway p. 235. The Commons present a Remonstrance against him p. 247. Private advice given him p. 250. The Dukes answer to a Message from the Commons p. 251. Articles exhibited against him by Bristol p. 266. The Kings Message on behalf of the Duke against Bristol p. 270. Impeached by the Commons p. 307. managed at a Conference by Eight Members p. 306 307 308 c. Private suggestions on behalf of the Duke p. 360. The Kings Speech on his behalf p. 361. A Message from the Commons against him p. 361. His Speech against them p. 367. Sir Dudley Carlton concerning him p. 362 363. Dissatisfied at the release of Sir John Elliot p. 365. Sir John Elliots explanation concerning him p. 366. Is chosen Chancellor of Cambridge p. 375. His Letter to that University p. 377. The Kings Letter on his behalf p. 378. His Speech in Parliament before he gave in his Answer p. 379. His Plea and Answer to the Impeachment p. 380 c. The King prefers an Information against him in Star-Chamber p. 417. Sets sail with the Fleet p. 429. Lands his Army at the Isle of Rhee p. 430. And had a hot encounter with the French p. 431. Omits to take in the little Fort ibid. Lays siege to the Cittadel at St. Martins ibid. Retreats with the Army from Rhee p. 469. Declared cause of all grievances p. 615. Desires to clear himself concerning some words supposed to be spoken by him p. 639. And charges one Melvin for speaking words against him ibid. Is slain at Portsmouth p. 647. The King receives news of his Death ibid. Burlacy Sir John p. 15 Burroughs Captain p. 15 40 Burroughs Sir John slain at Rhee p. 200 C. CAlthrop Mr. p. 464. Appendix 49 Carlile Earl p. 173 Carlton Sir Dudley p. 76.362 363 Carmarthen Mr. his Answer about Customs p. 668 Cautionary Towns in the Netherlands delivered up p. 3 Chambers Mr. questioned at the Council and committed p. 651. Brings his Habeas Corpus ibid. is bailed p. 652. his Goods seised on for not paying of Customs p. 653. A Writ of Replevin denied him ibid. Proceedings in Star-Chamber against him p. 680. His Sentence p. 681. His submission tendred p. 682. His refusal thereof p. 683. His Plea in the Exchequer against the jurisdiction of the Court of Star-Chamber ibid. Brought upon Habeas Corpus p. 686. His Petition to the long Parliament p. 687. His Death p. 689 Charls Prince his Letter to Philip the Fourth of Spain about the Match p. 59. Goes disguised into Spain p. 76. Had a sight of the Princess Henrietta Maria as the passed through France ibid. His reception and entertainment in Spain p. 77. Endeavors used to make him change his Religion p. 78. The Popes Letter to him ibid. His Answer thereunto p. 82. Swears to
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
Declaration But now I am come understanding the time of your Censure at hand to express my readiness to put in Execution which is the life of the Law those things which ye are to sentence For even the Law it self is a dead letter without Execution For which office God hath appointed me in these Kingdoms And though I assure my self that my former behaviour in all the course of my life hath made me well known for a just King yet in this special case I thought fit to express my own intentions out of my own mouth for punishment of things complained of The first proof whereof I have given by the diligent search I caused to be made after the person of Sir Giles Mompesson who though he were fled yet my Proclamation pursued him instantly And as I was earnest in that so will I be to see your Sentence against him put in execution Two reasons move me to be earnest in the execution of what ye are no sentence at this time First That duty I owe to God who hath made me a King and tied me to the care of Government by that Politique Marriage betwixt me and my People For I do assure you in the heart of an honest man and by the faith of a Christian King which both ye and all the world know me to be had these things been complained of to me before the Parliament I would have done the office of a just King and out of Parliament have punished them as severely and peradventure more then ye now intend to do But now that they are discovered to me in Parliament I shall be as ready in this way as I should have been in the other For I confess I am ashamed these things proving so as they are generally reported to be that it was not my good fortune to be the onely Author of the Reformation and punishment of them by some Ordinary Courts of Justice Nevertheless since these things are new discovered by Parliament which before I knew not of nor could so well have discovered otherwise in regard of that Representative Body of the Kingdom which comes from all parts of the Countrey I will be never a whit the slower to do my part for the execution For as many of you that are here have heard me often say and so I will still say so pretious unto me is the Publick Good that no private person whatsoever were he never so dear unto me shall be respected by me by many degrees as the Publick Good not onely of the whole Commonwealth but even of a particular Corporation that is a Member of it And I hope that ye my Lords will do me that right to publish to my people this my Heart and purpose The second Reason is That I intend not to derogate or infringe any of the Liberties or Priviledges of this House but rather to fortifie and strengthen them For never any King hath done so much for the Nobility of England as I have done and will ever be ready to do And whatsoever I shall say and deliver unto you as my thought yet when I have said what I think I will afterwards freely leave the Judgment wholly to your House I know you will do nothing but what the like hath been done before And I pray you be not jealous that I will abridge you of any thing that hath been used For whatsoever the Precedents in times of good Government can warrant I will allow For I acknowledge this to be the Supream Court of Justice wherein I am ever present by Representation And in this ye may be the better satisfied by my own presence coming divers times among you Neither can I give you any greater Assurance or better Pledge of this my purpose then that I have done you the honor to set my onely Son among you and hope that ye with him shall have the means to make this the happiest Parliament that ever was in England This I Profess and take comfort in That the House of Commons at this time have shewed greater love and used me with more respect in all their proceedings then ever any House of Commons have hitherto done to me or I think to any of my Predecessors As for this House of yours I have always found it respective to me and accordingly do I and ever did favor you as you well deserved And I hope it will be accounted a happiness for you that my Son doth now sit among you who when it shall please God to set him in my place will then remember that he was once a Member of your House and so be bound to maintain all your lawful Priviledges and like the better of you all the days of his life But because the World at this time talks so much of Bribes I have just cause to fear the whole Body of this House hath bribed him to be a good Instrument for you upon all occasions He doth so good Offices in all his Reports to me both for the House in general and every one of you in particular And the like I may say of one that sits there Buckingham he hath been so ready upon all occasions of good Offices both for the House in general and every Member in particular One proof thereof I hope my Lord of Arundel hath already witnessed unto you in his Report made unto you of my Answer touching the Priviledges of the Nobility how earnestly he spake unto me of that matter Now my Lords the time draws near of your Recess whither formality will leave you time for proceeding now to Sentence against all or any of the persons now in question I know not but for my part since both Houses have dealt so lovingly and freely with me in giving me a free gift Two Subsidies in a more loving manner than hath been given to any King before and so accepted by me And since I cannot yet retribute by a General Pardon which hath by Form usually been reserved to the end of a Parliament the least I can do which I can forbear no longer is to do something in present for the ease and good of my people Three Patents at this time have been complained of and thought great Grievances 1. That of the Inns and Hosteries 2. That of Ale-houses 3. That of Gold and Silver Thred My purpose is to strike them all dead and that time may not be lost I will have it done presently That concerning Ale-houses I would have to be left to the Managing of Justices of the Peace as before That of Gold and Silver Thred was most vilely executed both for wrong done to mens persons as also for abuse in the Stuff for it was a kinde of false Coyn. I have already freed the persons that were in prison I will now also damn the Patent and this may seem instead of a Pardon All these three I will have recalled by Proclamation and wish you to advise of the fittest Form to that purpose I hear also there is
Temporalty with the Judges opinions 35. An Act for the Kings General Pardon Private Acts. 36. An Act for the Confirmation of Wadham-Colledge in Oxon and the Possessions thereof 37. An Act for the Naturalizing of Philip Burlemacchi 38. An Act for the Naturalizing of Giles Vandeput 39. An Act to enable William Earl of Hereford and Sir Francis Seymor Knight to sell Lands for the paiments of Debts and establishing other Lands 40. An Act for the Naturalizing of Sir Robert Anstrother Sir George Abercromy Knights and Iohn Cragge Doctor of Physick 41. An Act to confirm the Copiholders Estates of Stepney and Hackney according to a Decree in Chancery between the Lord of the Manor and the said Copiholders 42. An Act to confirm an assurance of Lands sold by Sir Thomas Beaumont Knight and his wife to Sir Thomas Cheek Knight 43. An Act to erect a Free-school and Alms-house and House of Correction in Lincolnshire 44. An Act to enable Martin Calthorp to sell Lands for preferment of younger Children and paiment of Debts 45. An Act for setling the Manor of Goodneston and other Lands of Sir Edward Ingram Knight 46. An Act to enable Dame Alice Dudley wife of Sir Robert Dudley Knight to assure the Manor of Killingworth and other Lands to Prince Charls 47. An Act to confirm an Exchange of Lands between Prince Charls and Sir Lewis Watson Knight and Baronet 48. An Act for the setling of the Lands of Anthony Vicount Montague for paiment of his Debts and raising of Portions 49. An Act to enable Sir Richard Lumley Knight to sell Lands for the paiment of his Debts and preferment of Children 50. An Act to confirm a Decree in Chancery made by the consent of the Lord of Painswick in Com. Glouc. and his Customary Tenants there 51. An Act for the Naturalization of Sir Francis Steward Knight Walter Steward James Maxwell William Car and Iames Levingston Esquires 52. An Act for the Naturalization of Iohn Young Doctor of Divinity 53. An Act for the Naturalizing of Iane Murrey Widow and William Murrey Esquire 54. An Act to make good a Conveyance of Little Munden made from Sir Peter Vanlore Knight and Sir Charls Caesar Knight unto Edmond Woodhall Esquire and his heirs 55. An Act to enable Vincent Low to sell Lands for paiment of his Debts 56. An Act to enable Toby Palyvicine to sell Lands for the paiment of Debts and preferment of Children 57. An Act for Naturalizing of Sir Robert Car Knight 58. An Act to confirm the Manor of New-Langport and Seavans and other Lands late being the Inheritance of Sir Henry James Knight in a Premunire convicted unto Martin Lumley Lord Mayor of London Alice Woodriff widow and Edward Cropley c. 59. An Act for Naturalizing of Sir Stephen Leisure 60. An Act for Naturalizing of Iames Marquis of Hamilton 61. An Act for Naturalizing of Sir William Anstrother Knight Doctor Balcanqual and Patrick Abercromy 62. An Act to confirm the Sale of Lands made by Sir Edward Heron Knight unto Bevel Moulsworth Esquire and to enable the said Sir Edward to sell other Lands for paiment of Debts and to settle other Lands upon Robert and Edward Heron. 63. An Act for the Naturalizing of Abigal Little and William Little her son 64. An Act for the etablishing of Lands upon Iohn Mohun Esquire son of Sir Rowland Mohun Knight and Baronet according to the Agreements made between them 65. An Act to enable Edward Alcoâ—k to fell the Manor of Rampton and other Lands 66. An Act to explain a Statute made Anno 13 Eliz. for assuring of Eighty two pounds ten shillings per annum to the Bishop of Coventry and Lichfield for ever out of Manors and Lands thereby assured to Edmund Fisher and his heirs 67. An Act for the establishing of Three Lectures in Divinity according to the Will of Thomas Wettenhall Esquire 68. An Act for the repairing of the River running to Colchester and paving of the Town there 69. An Act to enable Francis Clerk Knight to sell Lands for the paiment of Debts and raising of Portions 70. An Act for altering of Gavelkind-Lands being late the Lands of Thomas Potter Esquire Sir George Rivers Knight and Sir Iohn Rivers Baronet and to settle the Inheritance of them upon Sir Iohn Rivors and his heirs 71. An Act to make the Lands of Thomas Earl of Middlesex subject to the paiment of his Debts 72. An Act for the Sale of the Manor of Abbots-Hall late the Possessions of Sir Iames Pointz deceased that the Monies thereby raised may be distributed amongst his Creditors according to his Last Will. 73. An Act for the Naturalizing of Elizabeth Vere and Mary Vere the Daughters of Sir Horatio Vere Knight This Summer Four Regiments of Foot were raised for the service of the United Provinces to be imployed against the Emperor under the Command of four Noble Colonels the Earls of Oxford Essex and Southampton and the Lord Willougby The Town of Frankendal having been sequestred into the hands of the Archduchess Isabella Clara Eugenia Infanta of Spain for the term of Eighteen moneths and that time now growing to an end being to expire about the middle of October next The King commanded those Lords and others that were Commissioners in that Treaty between his Majesty and the Archduchess to assemble and deliberate what was fit to be done concerning the remanding receiving and ordering of that Town The Commissioners unanimously were of opinion That it was fit for his Majesty both in Honor and Interest to remand it and according to the Capitulation to place therein a Garrison of Fifteen hundred Foot and Two hundred Horse with sufficient Victuals for six moneths and a sufficient quantity of all Munition The Infanta having accorded in the Treaty to give them a passage through the King of Spain's Low-Countries The King approved and resolved to follow the Advice and gave Order to the Council of War to consider and discuss the manner of demanding the Town and the way and means of raising the men and conducting them thither and of maintaining and supplying the Garrison with Munition and all things necessary On the day that Frankendal was to be redelivered Spinola with his Forces marcheth out of the Town and finding none of the King of Great Britains Forces ready to enter it instantly re-enters and takes possession pulls down the King of England's Arms and sets up the King of Spain's Yet did the Noble Spaniard leave standing the Monument of two Brothers fighting and stout Enemies of theirs in opposition of whose valor the Spaniard had gained much honor but overcame them at last The Monument is standing in the Dutch Church in Frankendal upon a fair Tomb with this Inscription In beatissimam memoriam Dom. Generosi Gulielmi Fairfax Anglo-Britanni Honoratissimi Domini Thomae Fairfax de Denton in Com. Ebor. Equitis Aurati filii Cohortis Anglicani Ducis insignis Qui annis natus circiter XXVI post animi plurima edita
lending of the Ships and received fair Answers from them both But the King sent an express and strict Order to Pennington requiring him without delay to put his former Command in Execution for the consigning of the Ship called the Vantguard with all her furniture into the hands of the Marquess D' Effiat assuring the Officers of the Ships that he would provide for their Indempnity and further commanding him to require the Seven Merchants Ships in his name to put themselves into the Service of the French King and in case of backwardness or refusal to use all means to compel them thereunto even to their sinking Upon this Pennington went back to Deep and put the Vantguard into the absolute Power and Command of the French King to be employed in his Service at pleasure and commanded the rest of the Fleet to the like Surrender At the first the Captains Masters and owners refused to yield weighed Anchor and were making away but when Pennington shot they came in again but Sir Ferdinando Gorge came away with the Ship called the Neptune The Companies unanimously declined the Service and quitted the Ships all but one Man who was a Gunner and Pennington hasted to Oxford where the Parliament was Reassembled but as was voiced was there concealed till the Parliament was dissolved On the First of August the Parliament Reassembled at Oxford whether the news of the Ships lent to the French against the besieged Rochellers did quickly flie and exasperate the spirit of that great Assembly against the Duke of Buckingham The Grievances insisted upon were the mis-spending of the Publick Treasure the neglect of guarding the Seas insomuch that the Turks had leisure to land in the Western parts and carry away the Subjects Captives The Commons appointed a Committee to consider of secret Affairs and to examine the Disbursements of the Three Subsidies and the Three Fifteens given to King Iames for the Recovery of the Palatinate and they prepared to assault the Duke Also Mr. Richard Montague was summoned to appear according to the Condition of his Bond and a Committee was appointed to proceed in the further Examination of that business Mr. Montagues Cause was recommended to the Duke by the Bishops of Rochester Oxford and St. Davids as the Cause of the Church of England They shew that some of the Opinions which offended many were no other then the resolved Doctrine of this Church and some of them are curious Points disputed in the Schools and to be left to the liberty of Learned Men to abound in their own sense it being the great fault of the Council of Trent to require a Subscription to School Opinions and the approved Moderation of the Church of England to refuse the apparent Dangers and Errors of the Church of Rome but not to be over-busie with Scholastical Niceties Moreover in the present case they alleage that in the time of Henry the Eighth when the Clergy submitted to the Kings Supremacy the Submission was so resolved That in case of any difference in the Church the King and the Bishops were to determine the Matter in a National Synod and if any other Judge in Matters of Doctrine be now allowed we depart from the Ordinance of Christ and the continual practice of the Church Herewithal they intimated That if the Church be once brought down below her self even Majesty it self with soon be impeached They say further That King Iames in his rare wisdom and judgment approved all the Opinions in this Book and that most of the contrary Opinions were debated at Lambeth and ready to be published but were suppressed by Queen Elizabeth and so continued till of late they received countenance at the Synod of Dort which was a Synod of another Nation and to us no ways binding till received by Publick Authority And they affirm boldly That they cannot conceive what use there can be of Civil Government in the Common-wealth or of External Ministry in the Church if such fatal Opinions as some are which are opposite to those delivered by Mr. Montague be publickly taught and maintained Such was the Opinion of these forenamed Bishops but others of Eminent Learning were of a different Judgment At Oxford in a late Divinity Disputation held upon this Question Whether a Regenerate Man may totally and finally fall from Grace The Opponent urging the Appeal to Caesar the Doctor of the Chair handled the Appellator very roughly saying He was a meer Grammarian a Man that studied Phrases more then Matter That he understood neither Articles nor Homilies or at least perverted both That he attributed he knew not what vertue to the sign of the Cross Dignus Cruce qui asserit and concluded with an Admonition to the Juniors That they should be wary of reading that and the like Books On the Fourth of August the Lords and Commons were commanded to attend his Majesty in Christs-Church Hall in Oxford where he spake unto them in manner following MY Lords and you of the Commons We all remember that from your Desires and Advice my Father now with God brake off those two Treaties with Spain that were then in hand Well you then foresaw that as well for regaining my dispossessed Brothers Inheritance as home defence a War was likely to succeed and that as your Councils had led my Father into it so your assistance in a Parliamentary-way to pursue it should not be wanting That aid you gave him by Advice was for succor of his Allies the guarding of Ireland and the home part supply of Munition preparing and setting forth of his Navy A Council you thought of and appointed for the War and Treasurers for issuing of the Moneys And to begin this Work of your Advice you gave Three Subsidies and as many Fifteens which with speed were levied and by direction of that Council of War in which the preparation of this Navy was not the least disbursed It pleased God at the entrance of this Preparation by your Advice begun to call my Father to his Mercy whereby I entred as well to the care of your Design as his Crown I did not then as Princes do of Custom and Formality Reassemble you but that by your further Advice and Aid I might be able to proceed in that which by your Counsels my Father was engaged in Your love to me and forwardness to further those Affairs you expressed by a Grant of Two Subsidies yet ungathered although I must assure you by my self and others upon credit taken up and aforehand disbursed and far short as yet to set forth that Navy now preparing as I have lately the estimate of those of care and who are still employed about it whose particular of all expences about this preparation shall be given you when you please to take an accompt of it His Majesty having ended his Speech commanded the Lord Conway and Sir Iohn Cook more particularly to declare the present state of Affairs which
having received all he had from his Majesty was most desirous and held it a happiness to pour it out upon his service and occasions and had laid out of his own purse Four and forty thousands pounds and the Treasurer of the Navy at his request had laid out Fifty thousand pounds that he entred not into this business upon his own head but fortified with the Advice and Counsel of those worthy persons the Lord Conway the Lord Chichester Lord Grandison Lord Carew Sir Robert Mansel and Sir Iohn Cook Their last consultation was of the War next of the means but both one and the other was justified by more then himself he never did any thing but by them he either repairing unto them or else they did him the honor to resort to his Chamber afterward the business with the Kings leave was imparted to all the Lords of the Council and the account was made unto them and allowed by them who said there openly his Majesty being present that if this were put in execution it would do well and gave some Attribute unto it And Sir Iohn Cook justified the shewing and the approving of these Accounts at the Council Table the Accounts consisted of long particulars of Souldiers to be levied Mariners to be pressed forwarding of Ships and provisions and that nothing wanted but Money He proceeded yet further and shewed that he was so Religious to guide these great Affairs by Council as that at his journey into France which fell out about this time he desired his Majesty to recommend the business to a select Council which his Majesty did who in his absence took care of the same Object 2. Why did not his Majesty declare the Enemy presently upon granting those three Susidies Answ. His Majesty considered the State of Christendom at that Season and found it full of danger to declare the Enemy for three Reasons First because the great Enemy would be more prepared secondly Spain being the Enemy our Merchants goods would be imbarged which are now drawing home thirdly our Friends finding us so long unprepared after our Declaration would never believe any reality in our intentions Object 3. Whether a considerable sum of money be yet required Answ. Forty thousand pounds is yet necessary but our Master is exhausted his Treasure anticipated his Lands pawned his Plate offered to be pawned but not accepted and yet his Majesty must be maintained Object 4. Why was not this want of Money foreseen but now onely thought upon unexpectedly and dangerously considering the sickness Answ. It was foreseen before but interrupted by unfortunate accidents the death of the late King the Funeral which for decency could follow no sooner the Journey into France and the Marriage which procured more delay then was expected but necessary At the opening of the Parliament his Majesty did declare this Necessity and told the House plainly that this sitting must not be for Counsel but Resolution and when he understood the grant of two Subsidies he conceived that money to be a matter of Custom to welcom him to the Crown Object 5. Who gave counsel to his Majesty so suddenly when the sickness was so dangerously spread to convene this Parliamant Answ. His Majesty commanded him the Duke to say that it was the business it self that gave this counsel and the necessity of it else his Majesty would not have hazarded the two Houses nor the rest of the Kingdom if he had been able any way without the Parliaments Supply to set out the Navy Object 6. Is not the time of the year too far spent for the Navy to go forth Answ. The King answered this formerly better half the Navy perish then the going thereof should be stayed it would argue such want of Counsel Courage and Experience in the Design such beggerliness in being not able to go through with it that it may not be diverted the season of the year suiting with the Design as could be demonstrated if the Design might not be published thereby Object 7. Whether those Eight Ships lent to the French King which were imployed against the Rochellers were not paid with the Subsidy-money Answ. Those Eight Ships were imployed at the charge of the French King Secondly it is not alway fit for Kings to give account of their Counsels judge the thing by the event Object 8. Whether the Duke having been our Servant to break the Match with Spain made not a worse Match with France and upon harsher terms Answ. I hope the contrary will appear by the Answer to your Petition Object 9. Did not the Duke serve us in breaking the two Treaties with Spain out of spleen and malice to Conde Olivares Answ. There was no cause to hate Olivares who was the means to make him happy for out of his hands came those papers by which the Duke gained the love of this Nation which before thought not so well of him he was not vindicative in his Nature he can forgive those which had no such natural respect to their Country as Olivares had neither doth the Duke love that any man should be an instrument by ill means to do a good Action as Olivares intended to serve his Master and Kingdom by indirect means and he could make a proof that he was not vindicative he can forgive one of our own Nation that concurred with Olivares but he was minded to leave that business asleep which if it should awake would prove a Lion to devour him who as he said he meant one of our Nation who cooperated with Olivares Object 10. It will be objected That hitherto the Duke speaketh of immcense charges which the Kingdom is not able to bear as to assist the King of Denmark with Thirty thousand pounds per Moneth Count Mansfield with Twenty thousand pounds per Moneth the Low-Countries with Eight thousand pounds per Moneth and Two thousand six hundred pounds per Moneth for Ireland Answ. Make the King Chief of the War by a diversion and he will give a greater advantage to all his Allies then by allowing of them Fifty thousand pounds nay a Hundred thousand pounds per Moneth What is it for his Allies to scratch with the King of Spain to take a Town to day and lose it to morrow for it is almost impossible to hope for a Conquest in this kinde the King of Spain being so able by Land but let the King our Soveraign be Master of the Wars elsewhere and make a Diversion and let the Enemy be compelled to spend his Money and Men in other places and our Allies in those parts will be suddenly and perceivedly strengthened and enabled and by this kinde of War you send no Coyn out of the Land you issue nothing but Beef Mutton and Powder and the Kingdom is not impoverished but may make good Returns Object 11. But where is the Enemy Answ. Make the Fleet ready to go out and the King bids you name the Enemy your selves put the Sword into his Majesties hands
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
Edward 4.6 or by Bill and an Act of Parliament to attaint the Party An Order was made in the Upper-House of Parliament 21 Iac. That any Peer shall have Counsel in case Criminal or Capital and upon the Accusation of the Earl of Bristol in Parliament he made a motion for Counsel which matter was commended to the King by the Lords with voucher of the said former Order The King returned Answer that this was contrary to the Fundamental Laws of the Realm but inasmuch as it was for his Benefit and Prerogative with which he may dispence therefore out of his grace he would allow the Earl of Bristol to have his Counsel with protestation that he would advise in the general and the same Order was made without his privity and without hearing the Justices or his Counsel And upon the Trial of the Lord Middlesex in a Case Criminal and not Capital afterward that is to say Friday after upon the assembly of all the Justices the Attorney of the King by commandment of the King demanded their opinion and they with one voice agreed That where the Trial is upon Indictment no Counsel in Fellony or Treason is to be allowed unless a matter of Law happen or upon the Indictment or upon Plea of the Defendant or upoâ— Evidence and in such Cases the Prisoner may have Counsel but not otherwise The Lords by Order referred to the Justices this Question Whether the King may be a Witness in case of Treason Secondly Admit that this be for Treason done when he is privy Whether in this case he may be a Witness or not and before the Resolution this Message and Command came from the King to the Justices that in this general Question they do not deliver any opinion but if any point come in particular they upon mature deliberation may give their advice And this was declared by the Cheif Justice in the Upper House of Parliament and the said Matter surceased Sitting this Parliament the Duke of Buckingham was deputed Procurator by several Peers whose Votes on any occasion he had power to make use of viz. By the Earls of Bath Exeter Cumberland Northumberland Lord Teinham Colchester Tunbridge Evers Darcy Meynel Noel St. John of Basing Mansfield and Roberts Whereupon the House of Peers made an Order That after this Session no Lord of this House shall be capable of receiving above two Proxies nor more to be numbred in any Cause voted About a fortnight after the Charge was given in against the Earl of Bristol the Earl gave in his Answer which we have chosen to insert here for the Readers more conveniency though a little out of time And having the Answer in his hand ready to deliver to their Lordships he did crave leave that by way of Introduction he might speak a few words and began thus I Am not insensible upon what disadvantages I come to tryal in this Cause For first I am faln into this Majesties heavy displeasure and am to encounter with a potent Adversary highly in favor and am accused for Treason for which all Counsel and Friends abandon me as a man infected with the Plague I am become bound and under restraint whereas a man who is to encounter for his life and honor and with a strong Adversary had need to come upon equal terms But as to the Matter I finde my self charged with divers Articles of High Treason but looking into them with the eyes of my best understanding with the opinion also of my Council lately assigned me and taking them apart one Article from another I finde not any thing in them like Treason or that hath so much as the shew or countenance of a fault either in act or words onely by laying all things together and by wresting the wrests with a strained Construction directly contrary to the true sence and meaning of them and the occasion whereupon they were spoken it is informed and that by way of inference onely That the intent was evil and the matter to prove the intent to be evil depends upon two props viz. Ill affection to Religion and too much affection to Spain which if I shall clear the Inference grounded upon these props will fall of it self Therefore I crave leave of your Lordships before I give my Answer to the Charge that I may give you an account of these two particulars and I humbly beseech you that what I shall speak in my just defence may not be conceived to proceed of vain ostentation And first for Religion I was in my Childhood bred in the Protestant Religion and rather after the stricter manner then otherwise When I grew in years fit I travelled into France Italy and Rome it self In all which Travels I can produce some that I consorted withal who will witness with me that I ever constantly used the Religion I professed without the least prevarication no man being able to charge me that so much as out of curiosity I ever was present at any of the exercises belonging to the Roman Religion or did the least act of Conformity to any of their Rites or Ceremonies Secondly After my return home I was received into the service of his late Majesty of Blessed Memory whom I served some years as a Gentleman of his Privy Chamber and Carver in which time none of his Majesties Servants received the Holy Sacrament frequented Sermons and other exercises of our Religion more then I. Thirdly In that time of my youth not to avoid idleness but out of affection to Religion I translated that excellent Book of our Faith and great Points of our Religion Written by Monsieur Moulins which his late Majesty having sometimes after seen approved so well that he would needs have it Printed which accordingly was Printed in the name of Mr. Sampford my Chaplain to whom I gave the honor But it was my own act as Mr. Sampford will not deny though to this hour I had never before spoken of it Fourthly About Seven or eight and twenty years of my age I was employed Ambassador into Spain in that great business of the Treaty of the Marriage and whereas others before me carried with them but one Chaplain I had two viz. Mr. Sampford and Mr. Boswel and at my arival at the Court of Spain I caused it to be published that such a day God willing I purposed to have a Communion to the end that such English as were in the Town might resort thither Whereat the Duke De Lerma and other the great Ministers of Spain took offence and told me they might well perceive I brought no good affection to the business I came about that would so publickly and avowedly in that Court where never the like was done proclaim there a Communion and with high expression perswaded me to decline it Whereunto I answered I came to do my Master service which I would heartily and effectually endeavor but would not omit my service to God no though my Master commanded And at
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
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
said Company for the effecting of his said designs wherein he still unlawfully pretended that a Tenth part or some other great share out of the Lading of the said ships belonged unto him albeit the said Company upon right information of their Cause to their Council both Civilians and Common-Lawyers were advised that there did no Tenths or other such shares belong to the said Duke as he pretended And whereas the said Duke by this time finding that he could not prevail to get his Ends by any fair course continued yet resolute to make his gain upon the Company by right or wrong as he might and to that purpose made use of the following opportunities and advantages in such cunning and abusive manner as I shall further open to your Lordships The said Duke well knowing thâ—t the said Company had then four Ships called the Great James the Ionas the Star and the Eagle and two Pinaces called the Spy and the Scout the said Ships and Pinaces with their Victuals Store and Ordnances were of the value of Fifty four thousand pounds and more laden with Lead Cloth and other Merchandise in them to the value of Twenty thousand pounds and more and having in them also about Thirty thousand pounds in Royals of Spanish money in all One hundred thousand pounds and more These Ships and Pinnaces were well near ready to set sail for a Voyage into the East-Indies by the first day of March in the One and twentieth year of his said late Majesties reign and he well-knowing how great a hinderance it would be to the said Company if the said Ships and Pinnaces should be stayed for any long time the rather in regard if they did not set sail about that time of the year or within Twenty days after they had utterly lost their voyage for that year the reason thereof dependeth upon a Secret of Winds called the Man-sounds which are constantly six moneths Easterly and six moneths Westerly every year at their set times in those parts of Africa about the Cape of Bona Speranza for of those Winds all Ships going from hence into the East-Indies are to make their use in the usual and due time which yet cannot be done if men take not their opportunity by coming to the Cape in their proper and due season and in so long and dangerous a voyage wherein the Equinoctial Line is twice to be passed it is no good discretion to stay the utmost time in going from hence in confidence of fair Winds but rather to take time enough before-hand for fear of the contrary Nor can the Lord Admiral of England who is Custos marium domini Regis and hath jurisdiction of all Foreign parts super altum mare be admitted to pretend himself ignorant of this Secret or of any other particulars belonging to the Seas and Voyages The Duke therefore apprehending and well weighing how great a hinderance or rather what an absolute loss it would be to the company if these their Ships and Pinnaces of so great value and bound forth in so instant and difficult a voyage should be stayed for any long time now they were ready to set sail and the season of going upon point to expire The said Duke upon the said First day of March 1623. to effect his designs upon the said Company and to get that by circumvention and surprisal which in a legal and due course of Justice he had not hopes to obtain Not thinking it sufficient that the sense of his displeasure lying over the Company as an ominous cloud threatning a storm if they did not appease him by some great sacrifice and to cast them yet further into a farther streight not sparing to abuse your Lordships in Parliament by making you unwilling Instruments to give colour and advantage to his secret and unlawful practises Upon the said First day of March he put your Lordships sitting in Parliament in minde touching the great business likely to ensue upon dissolution of the then Treaties with Spain and that a speedy resolution thereof was necessarily required for that the Enemy would pretermit no time and if we should lose the benefit of that Spring he said it would be irrevokable and thereupon he took occasion to move that House Whether he should make stay of any shipping that were then in the Ports as being High Admiral he might and namely the said Ships prepared for the East-Indian Voyage which were of great burthen well furnished and fit to guard our own Coasts Which motion was generally approved of the whole House knowing nothing of the Dukes secret designs and private intentions And the same day a Motion was made amongst the Commons in Parliament to the same effect by Sir Edward Seymour Knight the Vice-Admiral to the Duke of the County of Devon which in respect of the time when and person by whom it was propounded is very suspitious that it issued all from one Spirit and that he was set on by the Duke or some of his Agents the truth whereof your Lordships may be pleased to search out and examine as you shall see cause By colour of this Order of the Lords House of Parliament the Duke caused Iohn Pexal Marshal of the Admiralty to make stay to be made of the said Ships and Pinnaces howbeit notwithstanding all the occasion pretended for the defence of the Realm there were not any other Ships staid at this time The Company perceiving by the course of things from whence their Evils moved upon the Fifth of March 1623. became earnest Suitors to the said Duke for a Releasement of their said Ships and Pinnaces whereunto the said Duke replied That he had not been the cause of their stay but having heard the Motion in the Lords House he could do no less then order as they had done Yet to incline his ends and put them in some hope of favor by his means he told them withal That he had something in his Pocket that might do them good and willed them to set down what Reasons they would for their Suit and he would acquaint the House therewith Nevertheless about this time he presumed of himself at Theobalds to give leave for the Ships and Pinnaces to fall down as far as Tilbury there to attend such further Directions as should be given unto them with leave so to signifie by word of mouth to the Serjeant of the Admiralty for that the Duke had then no Secretary with him Thus some while by threatning of strong oppositions and terrors and other while by intimating hopes of favor and good assistance the Duke sought to accomplish his purpose yet prevailed not and so the Tenth of March 1623. the Kings Advocate Mr. Dr. Reeves as Advocate for the King and Lord Admiral made Allegation in the Admiralty on the Dukes behalf and by his procurements that it appeared by Examinations there taken that 150000 l. and more Pyrattically taken by the said Captain Blith and Wedel and their Complices upon the Sea
readiness for circumvention and surprisal of the Owners Captains and Masters of the said Ships then and not before they were suddenly pressed to Seal the Countreparts of the prepared Articles and they were about the same time released and discharged from the Imprest of his Majesties Service and acquainted and designed to serve the French King the said three moneths pay being offered and afterwards paid unto them before-hand as a bait to draw on and intangle them in the business Nevertheless the Captains and Owners of the said Merchants Ships doubted upon some points to wit first Against whom they should be employed secondly What Foreign power they should be bound to take into their Ships and thirdly What sufficient security they should have for their freight and redelivery of their Ships But there were private Instructions given to Captain Iohn Pennington Captain of the Kings Ship the Vauntguard as for him and the whole Fleet that he should observe the first Instructions to wit Not to serve against those of the Religion and to take into his Ship no more Frenchmen then they could master The pretence for Genoa and these private Instruments for Pennington were but a further Artifice of the Dukes to draw the Ships into France and to conceal the breaking forth of the matter here in England And the more to endear them and confirm them in an opinion of right intention they were commanded to conceal these private Instructions as if the Duke and his Agents hast trusted them more then they did the Ambassadors By these and other like cunning and undue proceedings of the said Duke the said Marquis d' Effiat sealed one part and the Owners of the said Merchants ships respectively sealed the other parts of the said pretended Articles trusting they should not be bound to the strict performance thereof by reason of the said private Instructions to the contrâ—â— After the passing of these Articles the said ships being formerly ready the said Duke May 8. 1625. made a Warrant under the Great-Seal to call the Companies aboard which had been raised and fitted for the said French service according to former Instructions and with first opportunity to go to such Port as the French Ambassador should direct c. there to expect Directions of the Party that should be Admiral of the said Fleet so prepared with a requiry of all Officers to be assistant hereunto All things being now in readiness Captain Pennington being Admiral of this whole Fleet in May 1625. went with the Kings said ship the Vantguard and the seven Merchants ships aforesaid to Diep in France There instantly the Duke of Memorancy Admiral of France would have put Two hundred French Souldiers aboard the ship called the Industry being no more men then she could stow but a far greater proportion of men then her proper Company was able to command or master and offered also to do the like to every one of the said ships telling the said Captain Pennington and other the said English Captains and Owners and their Companies in direct tearms that they were to go and should go to serve against the City and Inhabitants of Rochel and against those of our Religion whereunto they all shewing themselves unwilling there were Chains of Gold and other Rewards offered unto some of the Captains Masters and Owners to induce them All which they utterly refused protesting unanimously against the Design and would not take in above a fit number of men such as they might be able to command Also the Company of the Kings ship did there inform Captain Pennington of this Overture made to go against Rochel and exhibited a Petition to him against the same subscribing their names to the Petition in a Circle or Compass that it might not appear who was the beginner of the same and then they laid it under his Prayer-Book where he found and read it Whereupon Captain Pennington and the rest consulted more seriously of the matter and by a general assent returned all back to the Downs where they arrived about the end of Iune or beginning of Iuly 1625. From thence Captain Pennington sent a Letter to the Duke of Buckingham by one Ingram with the said Petition and imployed him to become a Suitor to get a discharge from serving against Rochel Ingram delivered the Letter to the Duke and saw him read it together with the said Petition whereby as by other former and later means he had full notice of the Design and intent of the French to go against the Rochellors Iames Moyer also about the same time came to the Court and had conference with my Lord Conway and Sir Iohn Cook now Secretary acquainting them what had passed at Diep praying them to acquaint the Duke which they did and the Duke delivered the said Letter and Petition to Sir Iohn Cook The Duke of Chevereux and Monsieur de Villocleer being now come into England as extraordinary Ambassadors from the French King they and the said Marquis d' Effiat more especially d' Effiat sollicited and got a Letter from the Lord Conway by the Dukes means dated Iuly 1O 1625 directed to Captain Pennington whereby he took upon him to express and signifie his Majesties pleasure to be That his Majesty had left the command of the ships to the French King and that now Captain Pennington should receive into them so many men as that King should please for the time contracted and recommended his Letter to be as a sufficient Warrant in that 〈◊〉 All this while the King or Body of the Council were never made acquainted with any other design then that of Genoa nor heard any thing of the passages at Diep nor of the design for Rochel nor of our Masters Companies Petitions Informations or Complaints thereupon This Letter of the Lord Conways was sent by Parker from Hampton-Court unto Pennington being now about the Downs and was not long after delivered into his hands About this time Monsieur de la Touche and others as from the Duke de Rohan and others of the Protestant party in France sollicited our King and Council against the going of the ships and had good words and hopes from both but from the Duke the contrary who told them the King his Master was obliged and so the ships must and should go The ships remained still in the Downs and afterwards viz. about Iuly 15. 1625. there was a Treaty at Rochester between the three Ambassadors Extraordinary of France and Iames Moyer and Anthony Touchin for themselves and other English Captains and Masters of ships c. The said Moyer and Touchin being by Message commanded to attend the Duke of Buckingham at Rochester for conclusion and settlement to be had of this business the said Ambassadors did there proffer and offer to the said Moyer and Touchin an Instrument in French purporting thus viz. 1. That the said English Captains and their Companies should consent and promise to serve the French King against all none excepted but
adding but one The Regality of our Narrow Seas the Antient Inheritance of our Princes lost or impeached This I need not further to press but from hence my Observation must descend to his other Virtues and that by way of Perspective I shall give it so near and short as rather to exercise your Lordships Memory then to oppress your patience First I propose unto your Lordships the inward Character of the Dukes minde which is full of Collusion and Deceipt I can express it no better then by the Beast called by the Antients Stellionatus a Beast so blur'd so spotted so full of foul lines that they knew not what to make of it So do we finde in this mans practice who first inveagled the Merchants drawing them to Deep to be inchralled then dealt deceitfully with the King to colour his Offences his design being against Rochel and the Religion Next with the Parliament to disguise his Actions a practice no less dangerous and disadvantageous to us then prejudicial to our Friends and Allies Next I present to your Lordships the Dukes high oppression and that of strange latitude and extent not to Men alone but to Laws and Statutes to Acts of Council to Pleas and Decrees of Court to the pleasure of his Majesty all must stoop to him if they oppose or stand in his way This hath been expressed unto you in the Ship called the St. Peter and those of Deep nay he draws on the colour of his Majesties great Name to shadow his design It had been his duty nay the trust of his place not to have translated them into the hands of strangers that had his Majesty yeilded in that point the Duke should have opposed it by his continual Prayers and Intercessions making known unto his Majesty the Inconveniencies likely to ensue and not to rest there but to have reported it to your Lordships sitting in Council to have desired and prayed your aid and assistance in a matter of so great importance And if this had failed he should have entered into a Protestation against it This hath been done by worthy Predecessors in that Office and this had been the worthy discharge of the great trust reposed in his place I heard the Ships were returned but I know it not but if I knew so this neither excuseth nor qualifieth the Dukes offence The French in this case are to be commended not he excused he left them in the hands of a Foreign Power who when they once had them for any thing he knew might easily have kept them The third head is The Dukes extortion in exacting from the East-India Company without right or colour Ten thousand pounds exquisitely expressed and Mathematically observed by the Gentleman you know by whom employed who by his Marine experience learned this Observation That if the Fleet gained not the wind by such time at the Cape the Voyage was lost Here one of the Lords interposing privately It was the King that employed him Sir Iohn Elliot in the Name of the Commons makes this Protestation Far be it from them to lay any Odium or Aspersion on his Majesties Name they hold his Honor spotless nor the least shadow of blemish can fix upon him in this business Next to foul Extortion is Bribery and Corruption in the Sale of Honor and Offices of Command That which was wont to be the crown of Vertue and Merit is now become a merchandise for the greatness of this man and Justice it self made a prey unto him All which particulars your Lordships have heard opened and enforced with Reasons and Proofs what in themselves they are and therefore I spare further to press them In the fifth place I observe a wonder in Policy and in Nature how this man so notorious in evil so dangerous to the State in his immense greatness is able to subsist of himself and keep a Being To this I answer That the Duke hath used the help of art to prop him up It was apparent That by his skill he hath raised a party in the Court a party in the Country and a main party in the cheif places of Government in the Kingdom So that all the most deserving Offices that require Abilities to discharge them are fixed upon the Duke his Allies and Kinred And thus he hath drawn to him and his the Power of Justice the Power of Honor and the Power of Command and in effect the whole Power of the Kingdom both for Peace and War to strengthen his Allies and in setting up himself hath set upon the Kingdoms Revenues the Fountain of Supply and the Nerves of the Land He intercepts consumes and exhausts the Revenues of the Crown not onely to satisfie his own lustful desires but the Luxury of others and by emptying the Veins the Blood should run in he hath cast the Body of the Kingdom into a high Consumption Infinite sums of Money and mass of Land exceeding the value of Money Contributions in Parliament have been heaped upon him and how have they been employed Upon costly Furniture sumptuous Feasting and magnificent Building the visible evidences of the express exhausting of the State and yet his Ambition which is boundless resteth not here but like a violent flame bursteth forth and getteth further scope Not satisfied with injuries and injustice and dishonoring of Religion his attempts go higher to the prejudice of his Soveraign which is plain in his practice The effects I fear to speak and fear to think I end this passage as Cicero did in a like case Ne gravioribus utar verbis quam rei natura fert aut levioribus quam causae necessitas postulat Your Lordships have an Idea of the Man what he is in himself what in his affections You have seen his power and some I fear have felt it you have known his practice and have heard the effects It rests then to be considered what being such he is in reference to the King and State how compatible or incompatible with either In reference to the King he may be stiled the Canker in his Treasure in reference to the State the Moth of all goodness What future hopes are to be expected your Lordships may draw out of his Actions and Affections I will now see by comparison with others to what we may finde him likened I can hardly finde him a match or parallel in all Presidents none so like him as Sejanus who is thus described by Tacitus Audax sui obtegens in alios criminator juxta adulator superbus To say nothing of his Veneries if you please to compare them you shall easily discern wherein they vary such boldness of the one hath lately been presented before you as very seldom or never hath been seen For his secret Intentions and Calumniations I wish this Parliament had not felt them nor the other before For his Pride and Flattery it is noted of Sejanus that he did Clientes suos Provinciis adornare Doth not this Man the like Ask England
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 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
in Parliament The Right Honorable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and a Commissioner of Sewers and a Deputy Lieutenant within the East-Riding of Yorkshire his Lordship is presented to be a Popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are Popish Recusants and some of them convicted William Lord Eury in Commission for the Sewers in the East-Riding a convict Popish Recusant Henry Lord Abergaveney John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner of Sewers in Com. Lanc. himself suspected and his wife a Recusant Iohn Lord Mordant Commissioner of the Peace Sewers and Subsidie in Com. Northampton Iohn Lord St Iohn of Basing Captain of Lidley Castle in Com. Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York Com. Eborac Ville Kingston super Hull presented the last time and continuing still to give suspition of his ill-affection in Religion 1. By never coming to the Cathedral Church upon those dayes wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common dayes as other Presidents were accustomed but publickly departing out of the Church with his servants upon those dayes when the rest of the Council Lord Major and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawkes on those dayes 4. By causing such as are known to be firm on those dayes in the Religion established to be left out of Commission which is instanced in Henry Alured Esquire by his Lordships procurement put out of the Commission of Sewers or else by keeping them from executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lorship hath refused to give the Oath being appointed 5. By putting divers other ill-affected persons in Commission of the Council of Oyer and Terminer and of the Sewers and into other Places of Trust contrary to his Majesties gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish ships of War upon the Coasts of Scarborough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the house of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect and did likewise refuse to shew the Commissioners who were to be imployed for disarming of Popish Recusants the original Letters of the Privy-Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and Store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that service 8. By denying to accept a Plea tendred according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plaintiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay costs 9. By the great increase of Recusants since his Lordships coming to that Government in Ianuary 1619. It appearing by the Records of the Sessions that there are in the East-Riding onely One thousand six hundred and seventy more convicted then were before which is conceived to be an effect of his favor and countenance towards them William Langdale Esquire convict of Popish Recusancy Iordan Metham Henry Holm Michael Partington Esquires George Creswell Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their wives Ralph Bridgeman a Non-Communicant Nicholas Girlington whose wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the same Lord President since the Kings Answer never known to have received the Communion his two onely Daughters brought up to be Popish and one of them lately married to Thomas Doleman Esquire a Popish Recusant Anthony Vicount Montague in Commission of the Sewers in Com. Sussex his Lorship a Recusant Papist Sir William Wray Knight Deputy Lieutenant Colonel to a Regiment his wife a Recusant Sir Edw. Musgrave Sir Tho. Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy Lieutenant and Justice of Peace his wife and children Recusants Sir Richard Egerton a Non-Communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his wife indicted and presented William Whitmore Commissioner of the Subsidy his wife and children Recusants Sir Hugh Beeston Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady indicted for Recusancy and his children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his wife a Popish Recusant and eldest son Sir Ralph Conyers Knight Justice of Peace his wife a Popish Recusant Iames Lawson Esquire a Justice of Peace and one of the Captains of the Trained-band his children Popish Recusants and servants Non-Communicants Sir Iohn Shelley Knight and Baronet a Recusant William Scot Esq a Recusant Iohn Finch Esquire not convict but comes not to Church in Commission of the Sewers These are all convicted Recusants or suspected of Popery Sir William Mollineux Deputy Lieutenant and Justice of Peace his wife a Recusant Sir Richard Honghton Knight Deputy Lieutenant his wife and some of his daughters Recusants Sir William Norris Captain of the general Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant Iames Anderton Esquire Justice of Peace and one of his Majesties Receivers his wife a Non-Communicant his son and heir a great Recusant and himself suspected Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his wife and daughters Popish Recusants Edward Criswell Esquire Justice of Peace his wife a Popish Recusant Iohn Parker Gentleman Muster-Master for the County suspected for a Popish Recusant George Ireland Esquire Justice of Peace his wife a Popish Recusant Iohn Preston Esquire Bow-bearer for his Majesty in Westmorland Forest a Recusant Thomas Covill Esquire Jaylor Justice of Peace and Quorum his Daughter a Recusant married Sir Cuthbert Halsal Justice of Peace his wife a Recusant Richard Sherborn Esquire Justice of Peace himself
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
Judgment and Execution of such Offenders as in time of War and some were executed by those Commissions Nevertheless the Soldiers brake out into great disorders they mastered the people disturbed the peace of Families and the Civil Government of the Land there were frequent Robberies Burglaries Rapes Rapines Murthers and Barbarous Cruelties Unto some places they were sent for a punishment and where ever they came there was a general outcry The High-ways were dangerous and the Markets unfrequented they were a terror to all and an undoing to many Divers Lords of the Council were appointed to repair into their several Countreys for the advancement of the Loan and were ordered to carry a List of the names as well of the Nobility and Privy Counsellors as of the Judges and Serjeants at Law that had subscribed to lend or sent in money for the Publick service to be a Patern and leading Example to the whole Nation But Sir Randolph Crew shewing no zeal for the advancing thereof was then removed from his place of Lord Chief Justice and Sir Nicholas Hide succeeded in his room A person who for his parts and abilities was thought worthy of that preferment yet nevertheless came to the same with a prejudice coming in the place of one so well beloved and so suddenly removed but more especially by reason the Duke appeared in his advancement to express a grateful Acknowledgment to that Knight for the care and pains he took in drawing the Dukes Answer to the Impeachment in Parliament against him This business of the Loan occasioned a Complaint to the Lords of the Council against the Bishop of Lincoln for publickly speaking words concerning it which was conceived to be against the King and Government Whereupon Sir Iohn Lamb and Dr. Sibthorpe informed the Council to this purpose That many were grieved to see the Bishop of Lincoln give place to unconformable Ministers when he turned his back to those that were conformable and how the Puritans ruled all with him and that divers Puritans in Leicestershire being Convented his Lordship would not admit proceedings to be had against them That Dr. Sibthorpe being desired to stay at Leicester this year as Commissary for the High Commission there the Countrey being much over-spread with Puritanism Sir Iohn Lamb and the said Doctor did inform the Bishop of Lincoln then at Bugden what Factious Puritans there were in the County who would not come up to the Table to receive the Communion kneeling and that there were unlawful Fasts and Meetings kept in the County and one Fast that held from nine in the Forenoon till eight at night and that Collections for moneys were made without Authority upon pretence for the Palatinate And therefore they desired leave from the Bishop to proceed against those Puritans Ex Officio The said Bishop replied He would not meddle against the Puritans for his part he expected not another Bishoprick they might complain of them if they would to the Council Table for he was under a Cloud already and he had the Duke of Buckingham for his Enemy and he would not draw the Puritans upon him for he was sure they would carry all things at last Besides he said the King in the First year of his Reign had given Answer to a Petition of the Lower House in favor of the Puritans It appeared also by the Information of others who were present at the Conference at Bugden That Sir Iohn Lamb and Dr. Sibthorpe did notwithstanding the Bishops aversness again press the Bishop to proceed against the Puritans in Leicestershire the Bishop then asked them what manner of people they were and of what condition For his part he knew of none To which Sir Iohn Lamb replied Dr. Sibthorpe being present That they seem to the World to be such as would not Swear Whore nor Drink but yet would Lie Cozen and Deceive That they would frequently hear two Sermons a day and repeat the same again too and afterwards pray and sometimes fast all day long Then the Bishop asked whether those places where those Puritans were did lend money freely upon the Collection of the Loan To which Sir Iohn Lamb and Dr. Sibthorpe replied That they did generally resolve to lend freely Then said the Bishop no man of discretion can say That that place is a place of Puritans For my part said the Bishop I am not satisfied to give way to proceedings against them At which Dr. Sibthorpe was much discontented and said He was troubled to see that the Church was no better regarded These Informations being transmitted to the Council Table were ordered to be sealed up and committed to the Custody of Mr. Trumbal one of the Clerks of the Council nevertheless the Bishop of Lincoln used such means as he got a Copy of them For which and some other matters an Information was afterwards preferred against him in the Star-Chamber Of which more at large when we come in our next Volume to treat of the great and high proceedings of that Court. Bishop Laud not long before this Passage with the Bishop of Lincoln was informed That the Bishop of Lincoln endeavored to be reconciled to the Duke and that night that he was so informed he dreamed That the Bishop of Lincoln came with Iron Chains but returned freed from them That he leaped upon a Horse departed and he could not overtake him The Interpretation of this Dream may not unfitly be thus applied His Chains might signifie the imprisonment of the Bishop of Lincoln afterwards in the Tower his returning free to his being set at Liberty again at the meeting of the Parliament his leaping on Hors-back and departing to his going into Wales and there commanding a Troop in the Parliaments Service and that Bishop Laud could not overtake him might portend that himself should become a Prisoner in the same place and be rendred thereby incapable to follow much less to overtake him At this time the King had Six thousand Foot Soldiers in the Service of the United Provinces under the Command of Sir Charls Morgan Sir Edward Herbert Sir Iohn Burlacy Sir Iames Leviston c. for the assistance of the States against the increasing power of Spinola Upon the present occasion these Forces were called off from the States services to joyn with the King of Denmark under the Command of Sir Charls Morgan against the common enemy the King of Spain and his adherents Some few moneths after One thousand three hundred foot more were embarqued at Hull to be transported by Captain Conisby to the Town of Stoad in Germany and there to be delivered over to the charge of the aforesaid Sir Charls Morgan General of the English Forces in the service of the King of Denmark a person of known Valor and fit for conduct of an Army But the Assessment of the general Loan did not pass currantly with the people for divers persons refused to subscribe their names
for Posterity to strike at the propriety of their Goods contrary to the piety and intention of your Majesty so graciously exprest And these being the true Grounds and Motives of his forbearance to the said Loan shewing such inconveniences in Reason and representing it an Act contradicting so many of your Laws and most of them by the most prudent and happiest of our Princes granted which could not without presumption beyond pardon in your Suppliant in taking to himself the Dispensation of those Laws so piously Enacted by him be violated or impeached In the fulness of all Submission and Obedience as the Apology of his Loyalty and Duty he lowly offers to your most Sacred Wisdom for the satisfaction of your Majesty most humbly praying your Majesty will be graciously pleased to take them into your Princely consideration where when it shall appear as he doubts not but from hence it will to your déep judgment that no factious humor nor disaffection led on by stubbornness and will hath herein stirred or moved him but the just Obligation of his Conscience which binds him to the service of your Majesty in the observânce of your Laws he is hopeful presuming upon the Piety and Iustice of your Majesty that your Majesty according to your innate Clemency and Goodness will be pleased to bestow him to your Favor and his Liberty and to afford him the benefit of those Laws which in all humility he craves Notwithstanding the said Petition he still continued a prisoner in the Gate-house till the general Order of Discharge came Sir Peter Hayman refusing to part with Loan-money was called before the Lords of the Council who charged him with refractoriness and with an unwillingness to serve the King and told him if he did not pay he should be put upon service Accordingly they commanded him to go upon his Majesties service into the Palatinate and having first setled his estate he undertook and performed the journey and afterwards returned into England Archbishop Abbot having been long slighted at Court now fell under the Kings high displeasure for refusing to Licence Doctor Sibthorps Sermon as he was commanded intituled Apostolical Obedience and not long after he was sequestred from his Office and a Commission was granted to the Bishops of London Durham Rochester Oxford and Doctor Laud Bishop of Bath and Wells to execute Archiepiscopal Jurisdiction The Commission as followeth CHARLS by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Right Reverend Father in God George Bishop of London and to the Right Reverend Father in God Our Trusty and Welbeloved Counsellor Richard Lord Bishop of Durham and to the Right Reverend Father in God Iohn Lord Bishop of Rochester and Iohn Lord Bishop of Oxford to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellor William Lord Bishop of Bathe and Wells Greeting WHereas George now Archbishop of Canterbury in the right of the Archbishoprick hath several and distinct Archiepiscopal Episcopal and other Spiritual and Ecclesiastical Powers and Iurisdictions to be exercised in the Government and Discipline of the Church within the Province of Canterbury and in the Administration of Iustice in Causes Ecclesiastical within that Province which are partly executed by himself in his own person and partly and more generally by several persons nominated and authorised by him being learned in the Ecclesiastical Laws of this Realm in those several places whereunto they are deputed and appointed by the said Archbishop Which several places as We are informed they severally hold by several Grants for their several lives as namely Sir Henry Martin Knight hath and holdeth by the Grants of the said Archbishop the Offices and places of the Dean of the Arches and Iudge or Master of the Prerogative Court for the Natural life of the said Sir Henry Martin Sir Charls Caesar Knight hath and holdeth by Grants of the said Archbishop the places or Offices of the Iudge of the Audience and Master of the Faculties for the term of the Natural life of the said Sir Charls Caesar. Sir Thomas Ridley Knight hath and holdeth by the Grant of the said Archbishop the place or Office of Uicar-General to the said Archbishop And Nathaniel Brent Doctor of the Laws hath and holdeth by Grant of the said Archbishop the Office or place of Commissary to the said Archbishop as of his proper and peculiar Diocess of Canterbury And likewise the several Registers of the Arches Prerogative Audience Faculties and of the Uicar-General and Commissary of Canterbury hold their places by Grants from the said Archbishop respectively Whereas the said Archbishop in some or all of these several places and Iurisdictions doth or may sometimes assume unto his personal and proper Iudicature Order or Direction some particular Causes Actions or Cases at his pleasure And forasmuch as the said Archbishop cannot at this present in his own person attend these Services which are otherwise proper for his Cognisance and Iurisdiction and which as Archbishop of Canterbury he might and ought in his own person to have performed and executed in Causes and Matters Ecclesiastical in the proper Function of Archbishop of that Province We therefore of Our Regal Power and of Our Princely Care and Providence that nothing shall be defective in the Order Discipline Government or Right of the Church have thought fit by the Service of some other Learned and Reverend Bishops to be named by Us to supply those things which the said Archbishop ought or might in the Cases aforesaid to have done but for this present cannot perform the same Know ye therefore That We reposing special Trust and Confidence in your approved Wisdoms Learning and Integrity have nominated authorised and appointed and do by these presents nominate authorise and appoint you the said George Lord Bishop of London Richard Lord Bishop of Durham John Lord Bishop of Rochester John Lord Bishop of Oxford and William Lord Bishop of Bathe and Wells or any four thrée or two of you to do execute and perform all and every those Acts Matters and things any way touching or concerning the Power Iurisdiction or Authority of the Archbishop of Canterbury in Causes or Matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop himself might have done And We do hereby Command you and every of you to attend perform and execute this Our Royal Pleasure in and touching the premisses until We shall declare Our Will and Pleasure to the contrary And We do further hereby Will and Command the said Archbishop of Canterbury quietly and without interruption to permit and suffer you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells any four thrée or two of you to execute and perform this Our Commission according to Our Royal Pleasure thereby signified And We do further Will
end will be only rapine and ruine of all is worthy a prudent and preventing care I have thus far delivered with that freedom you pleased to admit such Difficulties as I have taken up amongst the Multitude as may arrest if not remove Impediments to any Supply in Parliament Which how to facilitate may better become the care of your Judgments then my Ignorance Only I could wish to remove away a personal distaste of my Lord Duke of Buckingham amongst the people He might be pleased if there be a necessity of a Parliament to appear first Adviser thereunto and of the satisfaction it shall please his Majesty of grace to give at such time to his people which I would wish to be grounded by president of his best and fortunate Progenitors And which I conceive will satisfie the desires and hopes of all if it may appear in some sort to be drawn down from him to the people by the zealous care industry that my Lord of Buckingham hath of the publick unity and content By which there is no doubt but he may remain not only secure from any further quarrel with them but merit a happy memory amongst them of a zealous Patriot For to expiate the passion of the people at such times with sacrifice of any of his Majesties Servants I have found it as in Ed. 2. Rich. 2. Hen. 6. no less fatal to the Master then to the Ministers in the end These and such like Considerations being represented to the King Ian. 29. A Resolution is taken at the Council-Table to call a Parliament to meet the 17. of March following And now Warrants are sent according to a preceding Order made in this moneth to all parts to release the Imprisoned Gentry and confined Gentlemen for the business of the Loan-money And as fast as Writs came to the Counties and Boroughs to choose Members for Parliament those Gentlemen who suffered for the Loan were chiefly in the Peoples eye to be elected to serve for them in the ensuing Parliament to present their Grievances and assert their Liberties The Names of the Gentry who about the time that Writs issued out for a Parliament were released out of Restraint and Confinement appear by the ensuing Order and List. At Whitehall Present The Kings Majesty Lord Treasurer Lord President Lord Admiral Lord Steward Lord Chamberlain Earl of Suffolk Earl of Dorset Earl of Salisbury Earl of Morton Lord Viscount Conway Lord Bishop of Durham Lord B. Bath and Wells Mr. Treasurer Mr. Comptroller Master of the Wards Mr. Secretary Cook Mr. Chancellor of the Exchequer Mr. Chancellor of the Duchy IT is this day Ordered by His Majesty being present in Council That the several persons hereunder written shall from henceforth be discharged and set at liberty from any Restraint heretofore put upon them by His Majesties Commandment And hereof all Sheriffs and other Officers are to take notice Knights Sir Iohn Strangewayes Sir Thomas Grantham Sir William Armin Sir William Massam Sir William Wilmore Sir Erasmus Drailon Sir Edward Aiscough Sir Nathanael Barnardiston Sir Robert Poyntz Sir Beacham St. Iohn Sir Oliver Luke Sir Maurice Berkley Sir Thomas Wentworth Sir Iohn Wray Sir William Constable Sir Iohn Hotham Sir Iohn Pickering Sir Francis Barrington Sir William Chancey Esquires William Anderson Terringham Norwood Iohn Trigonwell Thomas Godfrey Richard Knightley Thomas Nicholas Iohn Hampden George Ratcliffe Iohn Dulton Henry Pool Nathanael Coxwell Robert Hatley Thomas Elmes Gent. Thomas Wood Iohn Wilkinson William Allen Thomas Holyhead All these remained confined to several Counties Knights Sir Walter Earl Sir Thomas Darnell Sir Harbotle Grimston Esquire George Catesby Londoners Edward Hooker George Basset Londoners Iames Wooldrond Londoners Henry Sanders Londoners All Prisoners in the Fleet. Knights Sir Iohn Corbet Sir Iohn Elliot Esquire William Coriton Londoners Iohn Stevens Thomas Deacon Iohn Potter In the Gate-house Knight Sir Iohn Heveningham Londoners Samuel Vassal William Angel In the Marshalsey Londoners William Savage Mathanael Manesty In the New-Prison Londoners Robert Lever Iohn Peacock Edward Ridge Iohn Oclabery Andrew Stone William Spurstow Roger Hughes Iohn Pope Iames Bunch Thomas Garris Iames Waldron Iohn Bennet Ambrose Aylot Thomas Sharp Thomas Totham Augustine Brabrook Robert Payne Edward Talston Iohn Whiting Thomas Webb Iohn Ferry All in the Custody of a Messenger Orders issued also from the Council to the Lord Major and Aldermen of London To use moderation in the demanding of the Loan-money from those of the City of London who deferred paiment And now Archbishop Abbot the Earl of Bristol and the Bishop of Lincoln notwithstanding the cloud they were under are had in consideration by the King and Council and Writs are ordered to be sent unto them to sit in the House of Peers the ensuing Parliament After the Writs of Summons went forth the King gave direction for a Commission to raise monies by Impositions in nature of an Excise to be levied throughout the Nation to pass under the Great Seal And at the same time ordered the Lord Treasurer to pay Thirty thousand pounds to Philip Burlemac a Dutch Merchant in London to be by him returned over into the Low-Countries by Bill of Exchange unto Sir William Balfour and Iohn Dalbier for the raising of a Thousand Horse with Arms both for Horse and Foot The supposed intent of which German Horse was as was then feared to inforce the Excise which was then setting on foot The Council also had then under consideration the Levying of Ship-money upon the Counties to raise the King a Revenue that way But now that a Parliament was called the Council held it unfit and unseasonable to debate these matters any further at that time A little before the Parliament assembled a Society of Recusants was taken in Clerkenwell Divers of them were found to be Jesuites and the House wherein they were taken was designed to be a Colledge of that Order Among their Papers was found a Copy of this Letter written to their Father Rector at Bruxels discovering their Designs upon this State and their Judgment of the temper thereof with a Conjecture of the success of the ensuing Parliament Father Rector LEt not the damp of Astonishment seise upon your ardent and zealous soul in apprehending the sudden and unexpected Calling of a Parliament We have not opposed but rather furthered it So that we hope as much in this Parliament as ever we feared any in Queen Elizabeth's days You must know the Council is engaged to assist the King by way of Prerogative in case the Parliamentary way should fail You shall see this Parliament will resemble the Pelican which takes a pleasure to dig out with her beak her own bowels The Election of Knights and Burgesses hath been in such confusion of apparent Faction as that which we were wont to procure heretofore with much art and industry when the Spanish Match was in Treaty now breaks out naturally as a botch or boil and
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
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
in these words We cannot safely give unless we be in possession and the proceedings in the Exchequer nullified as also the information in the Star-Chamber and the annexion to the Petition of Right for it will not be a gift but a confirmation neither will I give without the removal of these interruptions and a Declaration in the Bill that the King hath no right but by our free gift if it will not be accepted as it is fit for us to give we cannot help it if it be the Kings already we do not give it Hereupon the House ordered that the Barons of the Exchequer be sent unto to make void their injunction and order concerning the staying of Merchants goods to which the Barons returned this answer Whereas the Honourable House of Commons by order of the 12. of this instant February have appointed that notice shall be given to the Lord Treasurer Chancellor Barons of the Exchequer of a Declaration made by Sir Iohn VVolstenholme Abrah Dawes and Rich. Carmarthan in the House of Commons that the goods that the Merchants brought into the Kings Store-house and laid up there for his Majesties use were detained as they conceive onely for the duty of Tunnage and Poundage and other sums comprized in the Book of rates which notice was given to the end the said Court of Exchequer might further proceed therein as to justice shall appertain Now the Lord Treasurer Chancellour and Barons out of their due respect to that honourable House and for their satisfaction do signifie that by the Orders and Injunctions of the said Court of Exchequer they did not determine nor any way touch upon the right of Tunnage and Poundage and so they declared openly in Court at the making of these Orders neither did they by the said Orders or Injunctions barr the Owners of those goods to sue for the same in a lawful course but whereas the said Owners endeavoured to take the same goods out of the Kings actual possession by Writs or Plaints of Replevin which was no lawful action or course in the Kings case nor agreeable to his Royal Prerogative therefore the said Court of Exchequer being the Court for ordering the Kings Revenue did by those Orders and Injunctions stay those Suits and did fully declare by the said Orders that the owners if they conceived themselves wronged might take such remedy as the Law alloweth Richard Weston Iohn Walter Tho. Trevor Lo. Newburgh Iohn Denham George Vernon The Answer of the Lord Treasurer and Barons instead of satisfaction expected by the House was looked upon as a justification of their Actions whereupon a motion was made to go on to consider of their proceedings and whether ever the Court of Exchequer held this course before for staying of Replevins and whether this hath been done by Prerogative of the King in his Court of Exchequer A report was made from the Committee concerning the pardons granted by the King since the last Session to certain persons questioned in Parliament and the reporter informed the House that they do finde upon examination that Dr. Sibthorpe and Mr Cosens did solicite the obtaining of their own pardons and that they said the Bishop of Winchester would get the Kings hand to them and it did also appear to the Committee that the Bishop of Winchester did promise the procuring of Mr. Montagues pardon that Dr. Manwaring solicited his own pardon and that the Bishop of Winchester got the Kings hand to it Mr. Oliver Cromwell being of this Committee informed the House what countenance the Bishop of Winchester did give to some persons that preached flat Popery and mentioned the persons by name and how by this Bishops means Manwaring who by censure the last Parliament was disabled for ever holding any Ecclesiasticall dignity in the Church and confessed the Justice of that Censure is nevertheless preferred to a rich Living If these be the steps to Church preferment said he what may we expect A Petition from the Booksellers and Printers in London was also presented complaining of the restraint of Books written against Popery and Arminianism and the contrary allowed of by the only means of Dr. Laud Bishop of London and that divers of the Printers and Booksellers have been sent for by Pursuivants for â—rinting Books against Popery and that Licensing is only restrained to the Bishop of London and his Chaplains and instanced in certain Books against Popery which were denyed to be Licenced Upon which occasion Mr. Selden declared that it is true there is no Law to prevent the Printing of any Books in England only a Decree in Star-Chamber and he advised that a Law might be made concerning Printing otherwise he said a man might be Fined Imprisoned and his Goods taken from him by vertue of the said Decree which is a great Invasion upon the Liberty of the Subject The House of Commons being informed that an Information was preferred in the Star-Chamber against Richard Chambers and others concerning some matters that fell out about their refusal to pay Tunnage and Poundage since the last Session of Parliament because the same was not granted by Act of Parliament they referred the same to a Committee to examine the truth of their proceedings and that whither they ought not to have priviledge of Parliament in regard they had then a Petition depending in Parliament to protect them against the said proceedings and Sir William Acton Sheriff of London being examined before the Committee concerning some matters about the Customers and not giving that cleare Answer which he ought and as the House conceived he might have done was therefore committed to the Tower of London And a Question mas made in the House at that time whether the House had at any time before committed a Sheriff of London to prison to which Mr. Selden made Answer that he could not call to mind a president of sending one Sheriff of London to prison but he well remembred a president of sending both the Sheriffs of London to the Tower and instanced the Case Friday February 13. the Parliament fell into consideration of the great increase of Popery and it was moved to examine the releasing of the Jesuites that were arraigned at Newgate whereof one onely was condemned though they were ten in number and they all Priests and had a Colledge here in London about Clerken-well these men said some could not attempt these acts of boldness but that they have great countenancers Hereupâ—n Secretary Cook declared that a Minister of State having notice of these ten persons and this Colledge intended to be kept at Clarkenwell acquainted his Majesty with it and I should not discharge my duty if I should not declare how much his Mâ—jesty referred it to the especial care of the Lords of the Councel who examining the same sent those ten persons to Newgate and gave order to Mr. Attourney to prosecute the Law against them He further added
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
it particular It hath been confessed by one that argued on the other side that there is a generall in a particular C. 4. Hollands case there is the most generall and there is generall in particular as the State Ecclesiasticall 3 ly There is more particular as Colledges Deans and Chapters This being in a case of Return upon Habeas Corpus no precise certainty is required In an Indictment a certainty of all circumstances is requisite in Pleading a certainty is required in Counâ—s a more precise certainty in Barrs a certainty to a common intent is enough There is not such precise certainty required here as in Indictment or Count because the party ought to answer unto them nor so much certainty is required in this as in a Bar. And the Return is not incertain for as it is said in Plowden 202. and 193. a thing is incertain where it may be taken indifferently one way or the other But where the intendment the one way exceeds the intendment the other way it is not uncertain as it is here The words are for notable contempts against Us and Our Government for stirring up of sedition against Us Here is certainty of intendment one way There are many Writs which are more uncertain thâ—â— this Return here is yet good The Writ concerning the taking of an Apostate is general Quod spreto habitu Ordinis and yet there are more sorts of Apostasies In the Writ concerning the amoving of a Leper the words are generall and yet it appears by F. N. B. that there are two kinds of Lepers one outward and the other inward and for the latter the Writ concerning amoving a Leper So the Writs concerning the burning of an Heretick and concerning the examining of an Idiot are general and yet there are sundry kinds of Hereticks and Idiots also But it hath been objected that Sedition is not a Law-tearm nor known in the Law of which the Iudges can take no notice but the words to expresse offences of this nature are Murder Treason Felony c. and that no Indictment of Sedition generally was ever seen To this I answer Perhaps it is true that no Indictment was ever seen made because the form of an Indictment is precise words of art are required therein as appears in Dyer 69.261 C. 4. Vaux's case yet in 5 E. 6. Dyer 69. it is said that Furatus implies Felonicè cepit although the contrary hath been objected In a Return words by Periphrasis are sufficient The Warrant of a Iustice of Peace to apprehend I. S. because of prepensed malice interfecit I. D. is good enough although there wants the word murdravit In 5 R. 2. F. tryal 54. Belknap saies That a miscreant shall forfeit his land Out of which it may be gathered that a man may be Indicted for miscreancy And it seems likewise that an Indictment of sedition may be good for in some cases it is Treason I agree Peaks case which hath been obiected that for these words seditious fellow no action lies and so is C. 4.19 b. because those words do not import an act to be done but onely an inclination to do it but if a man say such words of another which import that he hath made sedition they are actionable as it was resolved in Phillips Badby's case 24 Eliz. C. 4.19 a. Thou hast made a seditious Sermon and moved the people to sedition this day adjudged actionable So in the Lord Cromwells C. 4.12 13. the action would have lain for those words You like of those that maintain sedition against the Queens proceedings if there had not been another matter in the case I agree the case of 21 E. 3. Sir John Garboyls case 42. E. 3. for in those cases sedition was only taken adjectively and shewes an inclination onely to do a seditious act in such sense sedition may be applyed to other offences then treason In 31 E. 1. f. gard 157. Gardein in Socage made feofment of land which he had in Ward This is forfeiture saies the Book for the treason which he did to the Ward so there one thing is called treason which is onely a breach of trust In an appeal of Mayhem it is felonicè and yet 6 H. 7.1 it is not Felony But felony is there onely put to expresse the hainousnesse of the offence it is as it were a felony The Statutes of 2 H. 4.1 Mar. 13 Eliz. 35 Eliz. 17 R. 2.3 4 E. 6.14 Eliz. which have been objected have the word Sedition but not applyable to this case Bracton in his Book de Corona saies Si quis c. If any by rash attempt plotting the Kings death should act or cause any to act to the sedition of the Lord the King or of his Army it is treason And Glanvil in as many words saies That to do any thing in sedition of the Kingdom or of the Army is high-treason And Britton fol. 16 It is high treason to â—â—herit the King of the Realm and sedition tendeth to the disheritance of the King for as it hath been said Seditio est quasi seorsum-itio when the people are severed from the King or it is Seperans à ditione when the people are severed from the power of the King And in this sense Sedition is no stranger in our Law and such sedition which severs the people from the King is Treason But it hath been objected that by the Statute of 25 E. 3. the Parliament ought onely to determine what is treason what not To this I answer That upon the said Statute the positive Law had alwaies made explication and exposition Br. treason 24. the words are Compasse or imagine the death of the King and there it is taken that he that malitiously deviseth how the King may come to death by words or otherwise and does an act to explain it as in assaying harnesse this is treason 13 Eliz. Dy. 298. Story 's case he being beyond-sea practised with a forraign Prince to invade the Realm and held treason because invasion is to the perill of the Prince and so within the Statute of 25 E. 3.4 Mar. Dy. 144. The taking of the Castle of Scarborough was treason in Stafford by 30. ass p. 19. which was presently after the making of the Statute of 25 E. 3. A man ought to have been hanged and drawn that brought Letters of Excommengement from the Pope and published them in England And it is to be noted that at the same time there was no Statute to make it treason but upon construction of the said Statute of 25 E. 3 though now it be made treason by the Statute of 13 Eliz. if it be with intention to advance forraigne power Perhaps the sedition mentioned in this Return is high treason and yet the King may make it an offence Finable for he may prosecute the offendor in what course he pleaseth and if it be treason then the prisoners are not baylable by the Statute of Westm. But suppose
in tertio Caroli that generall Returns that were committed by the command of the Lord the King are not good and that those Arguments remain as Monuments on record in the Upper House of Parliament but I will not admit them for Law But I will remember what was the opinion of former times 22 H. 6.52 by Newton a man committed by the command of the King is not replevisable And the opinion cannot be intended of a Replevin made by the Sheriff because the principall case there is upon a Return in this Court 33 H. 6.28 Poyning's case where the Return was That he was committed by the Lords of the Councill and it was admitted good It is true that this opinion is grounded upon Westm. 1. cap. 15. but I will not insist upon it But the constant opinion hath alwaies been that a man committed by the command of the King is not baylable In 9 H. 6.44 it is said That if one be taken upon the Kings suit the Court will not grant a Supersedeas The contrary opinion is grounded upon Magna Charta which is a generall Law and literally hath no sense to that purpose and it is contrary to the usuall practise in criminall causes in which the imprisonment is alwaies lawfull untill the tryall although it be made by a Iustice of Peace or Constable And that a man committed by the command of the King or Privy Councill is not baylable he cited 1 Jacobi Sir Brocket's case 8 Jac. Sir Cesar's case 12. Demetrius's case 43 Rinch's case And in the case M. 36 Eliz. and 4 and 5 Thimelby's case And said that there are innumerable presidents to this purpose M. 21 and 22 Eliz. upon the return of an Habeas corpus it appears that Michael Page was committed by the command of the Lord the King but was not delivered and after was arraigned in this Court and lost his hand And at the same time Stubbs was committed by the command of the Lord the King for seditious words and rumors and he lost his hand also upon the same tryall M. 17 and 18. Eliz. Upon Habeas corpus for John Loan it was returned That he was committed for divulging sundry seditious writings and he was remanded And 7 H. 7 roll 6. Rugs case and roll 13. Chase's case where the Return was that they were committed by the command of the Lord the King and they were not delivered and this was also the opinion in this Court M. 3. Car. And after the said time the Law is not altered and so I hope neither are your opinions But to consider the particular cause mentioned in the Return I will not rely upon the first part of the words although they be of great weight but onely upon the last words for stirring up of sedition against Us But it hath been objected that Sedition is not a word known in the Law But I marvell that the signification of the word is not understood when it is joyned with the words agains Us this ought to be understood Sedition against the King in his politick capacity Sedition hath sundry acceptations according to the subject handled as it appears C. 4. Lord Cromwel's case which hath been cited If it be spoken of a man that he is seditious if it be of a company in London it shall be understood sedition in the Company if it be spoken of a Souldier it shall be taken for mutinous Mr. Littleton who argued this case very well said That Tacitus useth this word and it is true and he saies That there are two manners of Seditions Seditio armata togata and the last is more dangerous then the former But couple it with the subsequent words here against Us the interpretation and sense thereof is easie loquendum ut vulgus Mr. Littleton shewes the acceptation of this word in divers places of Scripture and I will not reject them for they make for me 20 Numb 3. the Latine is populi versi sunt in seditionem and it is Englished murmuring but clearly it was high treason against their Governour and God himselfe 26 Numb 9. in seditione Corah it is manifest that that was a great Insurrection 12 Judg. 1. Facta est ergo seditio in Ephraim The Ephramites rose against Jephta and he at the same time was their Iudge and Governour so it was the heighth of Insurrection It is true that in 15 Act. 2. Facta est seditio and in some Translations it is Orta est repughantia non parva for it may be taken in severall senses 19 Acts 40. the Town-Clerk there knew not how to answer for this daies sedition or insurrection and no doubt he was in great perill for it was a great insurrection and I wish the greater ones were as circumspect as he was 24 Act. 5. Tertullus accused Paul of sedition and doubtlesse it was conceived a great offence if you consider the time and other circumstances for they were Heathens and Romans And although he in very truth taught the Gospell of God yet he was taken for a pestilent fellow and as a perswader to shake off Government Bracton lib. 3. de Corona c. 2. rancks Sedition amongst the crimes laesae Majestatis But it hath been objected that if it be a capitall offence it ought to be felony or treason To this I say That it cannot be felony but it may be treason for any thing that appears It is true that by the statute of 25 E. 3. treasons are declared and nothing shall be said treason which is not comprised within the said Statute unlesse it be declared so by Act of Parliament But upon indictment of treason such sedition as this may be given in evidence and perhaps will prove treason And the Return is not That he was seditious which shewes onely an inclination but that he stirred up sedition which may be treason if the evidence will bear it In divers Acts of Parliament notice is taken of this word Seditio and it is alwaies coupled with Insurrection or Rebellion as appears by the Statutes of 5 R. 2. c. 6. 17 R. 2. c. 8. 2 H. 5. c. 9. 8 H. 6. c. 14. 3 4. E. 6. c. 5. 2 R. 2. c. 5. 1 and 2 Phil. Mar. c. 2. 1 Eliz. c. 7. 13 Eliz. c. 2. 23 Eliz. c. 2. 27 Eliz. c. 2. and 35 Eliz. c. 1. all which were cited before and they prove that Sedition is a word well known in the Law and of dangerous consequence and which cannot be expounded in good sense Wherefore the nature of the offence I leave it to the Court But out of these Statutes it appears that there is a narrow difference between it and treason if there be any at all 3 ly As to the Objections which have been made I will give a short answer to them 1. It was objected That every imprisonment is either for custody or punishment the last is alwaies after the judgment given for the offence and if it be but for custody the
upon the suddain as occasion is offered And there is no necessity that the King should expect a new Parliament The Lords may grant Commissions to determine matters after the Parliament ended but the House of Commons cannot do so And also a new House of Commons consists of new Men which have no conusance of these offences 1 H. 4. The Bishop of Carlile for words spoken in the Parliament that the King had not right to the Crown was arraigned in this Court of high-treason and then he did not plead his priviledge of Parliament but said That he was Episcopus unctus c. 5 ly 4 H. 8. Strode's case hath been objected But this is but a particular act although it be in print for Rastall intitles it by the name of Strode so the title Body and proviso of the Act are particular 6 ly That this is an inferiour Court to the Parliament therefore c. To this I say That even sitting the Parliament this Court of B. R. and other Courts may judge of their priviledges as of a Parliament-man put in execution c. and other cases It is true that the Iudges have oft-times declined to give their iudgment upon the privileges of Parliament sitting the Court But from this it followes not that when the offence is committed there and not punished and the said Court dissolved that therefore the said matter shall not be questioned in this Court 7 ly By this means the priviledges of Parliament shall be in great danger if this Court may judge of them But I answer That there is no danger at all for this Court may judge of Acts of Parliament 8 ly Perhaps these matters were done by the Uotes of the House or if they be offences it is an imputation to the House to say that they had neglected to punish them But this matter doth not appear And if the truth were so these matters might be given in evidence 9 ly There is no president in the case which is a great presumption of Law But to this I answer That there was never any president of such a fact therefore there cannot be a president of such a judgment And yet in the time of Queen Elizabeth it was resolved by Brown and many other Iustices that offences done in Parliament may be punished out of Parliament by imprisonment or otherwise And the case of 3 E. 3.19 is taken for good Law by Stamf. and Fitzh And 22 E. 3. and 1 Mar. accord directly with it But it hath been objected that there was no plea made to the Iurisdiction But it is to be obser-served that Ployden that was a learned man was one of the Defendanâ—s and he pleaded not to the Iurisdiction but pleaded license to depart And the said Information depended during all the Reigne of Queen Mary during which time there were four Parliaments and they never questioned this matter But it hath been further objected That the said case differs from our case because that there the offence was done out of the House and this was done within the House But in the said case if license to depart be pleaded it ought to be tryed in Parliament as well as these offences here Therefore c. And the same day the Iudges spake briefly to the case and agreed with one voice That the Court as this case is shall have Iurisdiction although that these offences were committed in Parliament Afterwards the Parliament which met the 3d. of Novemb. 1640. upon Report made by Mr. Recorder Glyn of the state of the severall and respective cases of Mr. Hollis Mr. Selden and the rest of the imprisoned Members of the Parliament in tertio Caroli touching their extraordinary sufferings for their constant affections to the Liberties of the Kingdom expressed in that Parliament And upon Arguments made in the House thereupon did upon the 6th of July 1641. passe these ensuing Votes which in respect of the reference they have in these last mentioned proceedings we have thought fit though out of order of time to insert viz. Iuly the 6th 1641. REsolved upon the Question that the issuing out of the Warrants from the Lords and others of the Privy Councill compelling Mr. Hollis and the rest of the Members of that Parliament 3. Car. during the Parliament to appeare before them is a breach of the priviledge of Parliament by those Privy Counsellours Resolved c. That the Committing of Mr. Hollis and the rest â—f the Lords and others of the Privy Councill dureing the Parliament is a breach of the priviledge of Parliament by those Lords and others Resolved c. That the searching and sealing of the Chamber Study and Papers of Mr. Hollis Mr. Selden and Sir Iohn Eliot being Members of this House and dureing the Parliament and issuing of warrants to that purpose was a breach of the priviledge of Parliament and by those that executed the same Resolved c. That the exhibiting of an Information in the Court of Star-Chamber against Mr. Hollis and the rest for matters done by them in Parliament being members of Parliament and the same so appearing in the Information is a breach of the priviledge in Parliament Resolved c. That Sir Robert Heath and Sir Humphrey Davenport Sir Hennage Finch Mr. Hudson and Sir Robert Berkly that subscribed their names to the Information are guilty thereby of the breach of priviledge of Parliament Resolved c. That there was delay of Justice towards Mr. Hollis and the rest that appeared upon the Ha. Corp. in that they were not bayled in Easter and Trinity Tearm 5. Car. Resolved c. That Sir Nicholas Hide then chief Justice of the Kings Bench is guilty of this delay Resolved c. That Sir William Jones then being one of the Justices of the Court of Kings Bench is guilty of this delay Resolved c. That Sir Iames Whitlock Knight then one of the Justices of the Court of Kings Bench is not guilty of this delay Ordered That the further debate of this shall be taken into Consideration on to morrow Morning Iuly the 8th 1641. Resolved upon the Question That Sir George Crook Knight then one of the Judges of the Kings Bench is not guilty of this delay That the continuance of Mr. Hollis and the rest of the Members of Parliament 3. Car. in Prison by the then Judges of the Kings Bench for not putting in sureties of the good behaviour was without just or legall cause That the exhibiting of the Information against Mr. Hollis Sir Iohn Eliot and Mr. Valentine in the Kings Bench being members of Parliament for matters done in Parliament was a breach of the priviledge of Parliament That the over-ruling of the plea pleaded by Mr. Hollis Sir Iohn Eliot and Mr. Valentine upon the Information to the Jurisdiction of the Court was against the Law and priviledge of Parliament That the Judgement given upon a Nihil dicit against Mr. Hollis Sir Iohn Eliot and Mr. Valentine and fine thereupon imposed and
in writing against the Sermon Bishop Laud is employed to Answer these Objections King Iames was a long time offended with Bishop Laud. He was advance by Bishop Williams Bishops of Durham and Bathe sworn of the Privy Council Mr. Murrey brings the Answer to the Archbishops Objections The Archbishop is not suffâ—red to see the Writing but Mr. Murrey reads it Sibthorps Sermons Licenced by the Bishop of London Mr. Selden The Duke presseth his Majesty to have the Archbishop sent away before he set to Sea The Archbishop commanded to withdraw The Lord Conway tells the Archbishop the reason why he is commanded to retire The Archbishop writes to the Lord Conway to know if his Majesty will give him his choice of two houses to retire to The Lord Conway 's Answer The reason why the Duke was thought to be offended with the Archbishop The Archbishop accustomed to Hospitality King Iames injoyned the Archbishop to live like an Archbishop The Duke was not pleased that Sir Dudley Diggs frequented the Archbishops house The Archbishop was Tutor to Sir Dudley Digs at Oxford The Duke was offended that Sir Thomas Wentworth frequented the Archbishops House The Archbishop commanded to meddle no more in the High Commission Commendations of the High Commission Court The High Commissioners chargeable to the Archbishop The Archbishops infirmity permitted him not to come to the Star-chamber or Council-Table The Archbishops observation concerning the rise of the Duke Various Reports concerning the Army at Rhee A further Supply preparing for Rhee and to be conveyed thither by the Earl of Holland The Citadel at Rhee relieved Sir Iohn Burroughs slain Toras sends intelligence to the King of France The Rochellers at last declare for England A Treaty for Surrender between the Duke and Toras The Citadel reliev'd again A Retreat resolved on Sobiez against it The Citadel stormed The Army retreats The Enemy engageth the Rear of the Army Several opinions concerning this Expedition to Rhe. The misfortune of Rhee-Expedition causeth a clamor in the Nation A List of Arrearages for freight of ships and Sea-mens wages Anne-Royal Repulse Assurance Nonsuch Waltspite Adventure Triumph Victory S. George S. Andrew Rainbow Vantguard Red-Lion S. Esperite Gard-Land Convecline Antelop Entrance Sir Robert Cotton's Advice touching the present state of affairs A resolution to call a Parliament Order of the Council to set at liberty the Gentry imprisoned for the Loan-money A Parliament summoned A Commission for Impoâ—itions Thirty thousand pounds paid to Burlemach to be returned by Bill of Exchange to raise Forein Forces Recusants taken at Clerkenwell A Letter from a Jesuite concerning the ensuing Parliament The King's Speech at the opening of the Parliament The Lord Keepers Speech Sir Iohn Finch being chosen Speaker made this Speech to his Majesty The Speech without doors Grand Committees setled Petition for a fast Debates touching Grievances Sir Francis Seimour Sir Thomas Wentworth Sir Benjamin Rudyard acts the part of a Moderator Sir Edward Cook Mr Secretary Cook Sir Robert Philips * Sibthorp and Manwaring * Sommersetshire * Scots Secretary Cook moves for Supply for his Majesty In Clerkenwel Thursday March 15. Mr Secretary Cook tenders Propositions touching Supply The House turned into a Committee Habeas Corpus and the Liberty of the Subject debated Mr Creswel Sir Robert Philips Sir Edward Cook Judge Whitlock in justification of the Proceedings in the Upper-Bench upon the Habeas Corpus Judge Doderidge the like Mr Hackwel resumes the Debate of the Habeas Corpus Mr Selden Judge Andersons Reports Sir Edward Cook Resolves touching the Subjects liberty in his Person The Kings Propositions to the House of Commons touching Supply A Conference between the Lords and Commons managed by Secretary Cook against Recusants The Lord Keepers Speech at the presenting a Petition from both Houses against Recusants The Kings Answer to the Petition 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article Debates touching his Majesties propositions Sir Francis Seimor Sir Nath. Rich. Secr. Cook Sir John Elliot Sir Ed. Cook Sir Thomas Wentworth Sir Henry Martin The House waves c. Mr. Selden Sir T. Hobby Sir Peter Hayman about forein imployment Mr. Hackwel Sir E. Cook Sir Thomas Wentworth Sir John Elliot The King sends a Message to the House of Sâ— Cook touching some words said to be spoken by the Duke Debates on the Message Friday 4 April Secretary brings another Message from the King Mr. Pym. 5. Subsidies resolved on Mr. Secretary Cook report the Kings acceptance of five Subsidies The Duke of Buckinghams Speech at the Councel Table thereupon It is ill taken by Sir John Elliot that the Dukes name was intermingled with the Kings by Secretary Cook Sir Dudly Diggs begins the Conference by way of Introduction Mr. Littleton Mr. Selden Sir Edward Cook 1. Obj. Answ. 2. Obj. Answ. His Majesties Message for non-recess The Message not approved Sir Ro. Phillips Sir E. Cook Sec. Cook to expedite Subsidies Sir Dudly Diggs Sir Thomas Wentworth Mr. Secret Cook delivereth another Message concerning Supply Sir Rob. Phillips Secr. Cook Mr. Wandesford Sir Humphry May. Mr. Speakers Speech to the King at the delivery of the Petition for billeting of Soldiers The Petition concerning billeting of Soldiers Martial Law debated Serj. Ashley questioned for some words Archbishops Speech at a Conference concerning the Petition of Right Propositions tendred to the Commons by the Lords touching the Petition of Right Sir Dudley Diggs replies to this Speech The Lord Keepers Speech to both Houses concerning supply by the Kings command Sir Ben. Rudyards Speech concerning that motion A Committee ordered to draw up a Bill in order to the Petition of Right Mr. Secretary Cook brings a Message to relye on the Kings Word Sir Thomas Wentworth The King gives notice to both Houses that he intends shortly to end this Session Sir John Elliot The Speakers Speech to the King in answer to several Messages His Majesties answer to the Speakers Speech Mr. Secretary Cook brings another Message to relie on the Kings Words Sir John Elliot Sir E. Cook Lord Keepers Speech communicating a Letter from the King His Majesties Letter The Lords Proposition at a Conference about an addition to the Petition of Right The Lords addition to the Petition of Right Mr. Alford Mr. Pimme Mr. Hackwell Sir Ed. Cook Sir Thomas Wentworth Mr. Noy Mr. Selden Mr. Glanviles Speech at a Committee of both Houses concerning Soveraign Power Sir Henry Martins Speech as to the rational part of the matter of the Conference The Lords and Commons agreed touching the Petition of Right Mr. Rouse against Dr. Ed. Manwaring 9. Hen. 3.29 28. Ed. 3.3 37. Ed. 3.18 38. Ed. 3.9 42. Ed. 3.3 17. Ric. 2.6 25. Ed. 3.9 9. Hen. 3.29 25. Ed. 3.4 28. Ed. 3.3 The Petition The Answer debated Sir Jo. Elliots Speech in the laying open of grievances Some against the recapitulating of Grievances Exceptions to Sir John Elliots Speech More exceptions Sir