of imprisoning of him by Warrants only under his own hand for which he cannot as the Earl conceiveth produce any sufficient Warrant IV. That by the space of Twelve moneths last past the said Lord Conway hath been the Cause of the Earls restraint only by misinforming his Majesty and procuring a Letter of restraint upon undue grounds And when it was made apparent unto him that the said Earl was restored to his liberty freely to follow his own affairs by his late Majesty of blessed memory he replied That that liberty given him by his Majesty expired with the Kings death V. That the Earl of Bristols Mother lying sick upon her death-bed desired for her comfort to see her Son and to give him her last blessing Whereupon the Earl wrote to the Lord Conway to desire him to move the King for his leave which he putting off from day to day told the person imployed That by reason of the Dukes sickness he could not find opportunity to get the Dukes leave to move the King And having spoken with the Duke he made a Negative answer in the Kings name Wherewith the Earl acquainting the King by some of his Bedchamber his Majesty was in a very great anger swearing the Secretary had never moved him and that to deny the said Earl leave was a barbarous part and thereupon sent him presently free leave which the Secretary hearing of sent likewise afterwards a Letter of leave but with divers clauses and limitations differing from the leave sent him from the Kings own mouth VI. That having the businesses of the Earl of Bristols in his hands and the Earl being commanded by the King to address himself in his occasions unto his Lordship He would never deliver any Message from the said Earl without acquainting the said Duke and receiving his directions and in a noble manner of freeness stuck not to send him word VII That the Earl of Bristol having received from the Lord Conway Twenty Interrogatories in his late Majesties name drawn up by a Commission of the Lords appointed to search into the Proceedings and Imploiments of the said Earl in which search there was more then two moneths spent divers of the said Interrogatories involving Felony and Teason And his Majesty having been pleased to assure the said Earl both by Message and Letters that upon satisfaction given to himself and the Commissioners by his Answers he would presently put an end to the Earl of Bristol's Businesse The Earl of Bristol having so fully answered as would admit of no reply and that many of the Commissioners declared themseves to be fully satisfied The said Lord Conway being the Secretary in the Commission to whom it properly belonged to call the Lords to assemble perceiving the Earl of Bristol was like to be cleared never moved for any further meeting neither have they ever been permitted to meet until this day whereby the troubles of the Earl of Bristol have been kept on foot till this present and the said Earls Imprisonment hath been enlarged Twenty moneths And by the Artifices of the said Duke of Buckingham and the said Lord Conway as shall be made appear the said Earl hath been insensibly involved and stauked into the troubles he is now in which he doubteth not but your Lordships will judge to be a very considerable Case VIII That for a colour of keeping the Earl from his late Majesties presence it being pretended after the Answer to the twenty Interrogatories that there were some few Questions more to be added whereunto when he should have answered his Majesty swore solemnly that without any delay he should be admitted to his presence and that within two or three dayes he should have the said Questions sent unto him the Lord Conway notwithstanding he acknowledged under his hand that he had received his Majesties directions for the sending of the said Articles and was often thereunto sollicited on the behalf of the said Earl would never send the said Questions and at last answered That he had no more to do with the Earls businesses IX That the Earl of Bristol being set free by his late Majesty to come to London to follow his own Affairs as he pleased and thereupon having his Writ of Parliament sent unto him without any Letter of Prohibition but the Earl of Bristol out of his great desire to conform all his actions to that which he should understand would best please his Majesty sent to know whether his going or stay would be most agreeable unto his Majesty who was pleased to answer by a Letter from my Lord Duke of Buckingham That he took in veâ—â— good part the said Earls respect unto him but wished him to make some excuse for the present The which accordingly he did and moved That he might have a Letter under the Kings hand to warrant his absence but under colour of this Letter of leave upon the Earl of Bristol's own motion and desire the Lord Conway sent a Letter from his Majesty absolutely forbidding his coming to Parliament and therein likewise was inserted a Clause That the Earl should remain restrained as he was in the time of his late Majesty and so thereby a colour of restraint under his Majesties hand was gotten which could never be procured in his late Majesties time whereby the Earl of Bristol hath been unduly restrained ever since without being able to procure any redress or to make the Lord Conway willing to understand his Case although he sent him all the Papers whereby he might clearly see that the Earl was not under restraint in his late Majesties time but never other Answer could be procured from him but That he judged the said Earl to be under restraint and that his Liberty was expired by the late Kings death as is aforesaid X. That the Lord Conway knowing that the Match for the marrying of the King of Bohemia's eldest Son with the Emperors Daughter and being bred in the Emperors Court was allowed and propounded by his late Majesty And that his Majesty by his Letters unto his Son-in-law declareth That he thinketh it the fairest and clearest way for the accommodation of his Affairs and that he will take sufficient care for his breeding in true Religion And notwithstanding that the said Earl received a Copy of the said Letter by the late Kings order with other Papers setting down all that had been done in the said business and his Majesties assent thereunto from the Lord Conway himself yet hath he suffered all to be charged as a crime against the Earl of Bristol both in the twentieth Interrogatory and in his Majesties last Letter that he should consent to the breeding of the young Prince in the Emperors Court And further in the Interogatory he alledgeth it as an aggravation against the said Earl That the breeding of the said Prince in the Emperors Court inferred to the perversion of his Religion when he knew that his said breeding was never thought nor spoken of by the
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
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
which your self shall discover And you shall advertise me of whatsoever you shall understand the learn governing your self in all occurrents with that wariness and discretion as your zeal to my service doth assure me of These were the Arts of Spain to corrupt divers in the Court of England Buckingham and his Dependants followed the Kings inclinations The Duke of Lenox Marquis Hamilton and William Earl of Pembroke disliking the Kings course did not contest with him but only intimated their dissent It was said of Gondomar That when he returned into Spain he gave in his Account of Disbursments for Pensions given in England amongst others To Sir Robert Cotton 1000 l. a person of great Integrity and one who was ever averse to the House of Austria Which Sir Robert getting notice of by the English Agent then in Spain demanded reparation which was obtained but with a salvo to the Ambassadors honor the error being said to be committed by a Dependent upon the Ambassador and not by himself The King being jealous of uncomptrolled Soveraignty and impatient of his Peoples intermedling with the Mysteries of State had fallen into a great dislike of Parliaments and for many years before had given way to Projects and Monopolies And many of his Ministers perhaps fearing an enquiry into their own actions might suggest to him that he might better furnish himself by those ways and the Match now in treaty then by Subsidies usually accompanied with the redress of Grievances Nevertheless he was now minded to call a Parliament conceiving it might be of special use For he observed the affections of the People to be raised for the Recovery of the Palatinate and then concluded that those affections would open their purses to the supply of his wants and the Treaty with Spain would effect the business without the expence and troubles of War and the good accord between him and his people would quicken the Spaniard to conclude the Match And accordingly Writs were issued forth to assemble them the 30. of Ianuary In the calling of this Parliament he recommended to his Subjects the choice of such Members as were of the wisest gravest and best affected people neither superstitious nor turbulent but obedient Children to this their Mother-Church In the mean while in Germany the Protestant Union continually declined by the gradual falling away of the several partakers The Elector of Saxony reduced the remainder of Lusatia The Province of Moravia upon the approach of Buquoy seeing the Count de Latiere came not in to their succor prayed that they might enjoy their Priviledges in matter of Religion and be received into the Emperors grace and favor which submission was well received at Vienna Likewise the States of Silesia failing of assistance from the Elector Palatine were constrained to make their peace Then the Palatine propounded to the Elector of Saxony an Overture of Peace declaring That he took the Crown upon him to preserve the Protestants in the free exercise of their Religion The Saxon replied That he had no way to make his Peace but to renounce the Kingdom of Bohemia and the Provinces Incorporate and to beg the Emperors pardon Afterwards the Elector Palatine goeth to Brandenburgh and then to Segenburgh where there was an Assembly of Princes and States Protestant to oppose the exploits of Spinola In the mean while Count Mansfield stirs in Bohemia pillages several Towns and the Goods of all those that cryed God save King Ferdinand The relation of England to these affairs of Foreign States had caused a general liberty of discourse concerning matters of State which King Iames could not bear but by Proclamation commanded all from the highest to the lowest not to intermeddle by Pen or Speech with State-concerments and secrets of Empire either at home or abroad which were no fit Themes or Subjects for Vulgar persons or Common meetings On the Thirtieth day of Ianuary the Parliament began to sit and the King came in person and made this Speech MY Lords Spiritual and Temporal and you the Commons Cui multiloquio non deest peccatum In the last Parliament I made long discourses especially to them of the Lower House I did open the true thoughts of my heart but I may say with our Saviour I have piped to you and you have not danced I have mourned and you have not lamented Yet as no mans actions can be free so in me God found some spices of vanity and so all my sayings turned to me again without any success And now to tell the reasons of your calling and this meeting apply it to your selves and spend not the time in long Speeches Consider that the Parliament is a thing composed of a Head and a Body The Monarch and the Two Estates It was first a Monarchy then after a Parliament There are no Parliaments but in Monarchical Governments For in Venice the Netherlands and other Free Governments there are none The Head is to call the Body together And for the Clergy the Bishops are chief for Shires their Knights and for Towns and Cities their Burgesses and Citizens These are to treat of difficult matters and to counsel their King with their best advice to make Laws for the Commonweal And the Lower House is also to petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative They are to offer supply for his Necessity and he to distribute in recompence thereof Justice and Mercy As in all Parliaments it is the Kings office to make good Laws whose fundamental cause is the Peoples ill manners so at this time that we may meet with the new Abuses and the incroaching Craft of the times Particulars shall be read hereafter As touching Religion Laws enough are made already It stands in two points Perswasion and Compulsion Men may perswade but God must give the blessing Iesuites Priests Puritans and Sectaries erring both on the right hand and left hand are forward to perswade unto their own ends and so ought you the Bishops in your example and preaching But Compulsion to obey is to bind the Conscience There is talk of the Match with Spain But if it shall not prove a Furtherance to Religion I am not worthy to be your King I will never proceed but to the glory of God and content of my Subjects For a Supply to my Necessities I have reigned Eighteen years in which time you have had Peace and I have received far less supply than hath been given to any King since the Conquest The last Queen of famous memory had one year with another above a Hundred thousand pounds per annum in Subsidies And in all my time I have had but Four Subsidies and Six Fifteens It is Ten years since I had a Subsidy in all which time I have been sparing to trouble you I have turned my self as nearly to save expences as I may I have abated much in my Household expences in my
another Bill among you against Informers I desire you my Lords that as you tender my Honor and the good of my People ye will put that Bill to an end as soon as you can and at your next meeting to make it one of your first works For I have already shewed my dislike of that kinde of people openly in Star-Chamber and it will be the greatest ease to me and all those that are near about me at Court that may be For I remember that since the beginning of this Parliament Buckingham hath told me he never found such quiet and rest as in this time of Parliament from Projectors and Informers who at other times miserably vexed him at all hours And now I confess that when I looked before upon the face of the Government I thought as every man would have done that the people were never so happy as in my time For even as at divers times I have looked upon many of my Coppices riding about them and they appeared on the outside very thick and well-grown unto me but when I turned into the midst of them I found them all bitten within and full of Plains and bare spots like an Apple or Pear fair and smooth without but when ye cleave it asunder you finde it rotten at the Heart Even so this Kingdom the External Government being as good as ever it was and I am sure as Learned Judges as ever it had and I hope as honest Administring Justice within it and for Peace both at home and abroad I may truly say more setled and longer lasting then ever any before together with as great plenty as ever So as it was to be thought that every man might sit in safety under his own Vine and Fig-Tree Yet I am ashamed and it makes my hair stand upright to consider How in this time my people have been vexed and polled by the vile execution of Projects Patents Bills of Conformity and such like which besides the trouble of my people have more exhausted their Purses then Subsidies would have done Now my Lords before I go hence since God hath made me the Great Judge of this Land under him and that I must answer for the Justice of the same I will therefore according to my place remember you of some things though I would not teach you For no mans Knowledge can be so good but their Memories will be the better to be refreshed And now because you are coming to give Judgment all which moves from the King that you may the better proceed take into your care two things 1. To do Bonum 2. To do it Bene. I call Bonum when all is well proved whereupon ye Judge for then ye build upon a sure Foundation And by Bene I understand that ye proceed with all Formality and Legality wherein you have fit occasion to advise with the Judges who are to assist you with their Opinions in cases of that nature and wo be to them if they advise you not well So the ground being good and the form orderly it will prove a course fitting this High Court of Parliament In Sentence ye are to observe two parts First To recollect that which is worthy of judging and censuring and secondly To proceed against these as against such-like crimes properly We doubt there will be many matters before you some complained of out of Passion and some out of just cause of Grievance Weigh both but be not carried away with the impertinent discourses of them that name as well Innocent men as guilty Proceed judicially and spare none where ye finde just cause to punish But let your proceedings be according to Law and remember that Laws have not their Eyes in their Necks but in their Foreheads For the Moral Reason for the punishment of Vices in all Kingdoms and Commonwealths is because of the Breach of Laws standing in force For none can be punished for Breach of Laws by Predestination before they be made There is yet one particular that I am to remember you of I hear that Sir Henry Yelverton who is now in the Tower upon a Sentence given in the Star-Chamber against him for deceiving my trust is touched concerning a Warrant Dormant which he made while he was my Attorney I protest I never heard of this Warrant Dormant before and I hold it as odious a matter as any is before you And if for respect to me ye have forborne to meddle with him in Examination because he is my Prisoner I do here freely remit him unto you and put him into your hands And this is all I have to say unto you at this time wishing you to proceed justly and nobly according to the Orders of your House and I pray God to bless you and you may assure your selves of my assistance Wishing that what I have said this day among you may be entred into the Records of this House The Lords pronounced Sentence upon Sir Giles Mompesson who was fled beyond Sea 1. THat he shall be degraded of the Order of Knighthood with reservation of the Dignity of his Wife and Children 2. That he shall stand perpetually in the degree of his person Outlawed for Misdemeanor and Trespass 3. That his testimony be received in no Court nor he to be of any Inquisition or Iury. 4. That he shall be excepted out of all General Pardons to be hereafter granted 5. That he shall be imprisoned during life 6. That he shall not approach within Twelve miles of the Court or Prince nor of the Kings High Court usually held at Westminster 7. And the Kings Majesty shall have the profit of his Lands for life and all his Goods and Chattels so forfeited and that he shall undergo Fine and Ransome which was set at Ten thousand pounds 8. Disabled to hold or receive any Offce under the King or for the Commonwealth 9. That he shall be ever held an infamous person 10. And his Majesty added thereunto perpetual Banishment Sir Francis Michel a Projector and Mompessons Compartner was fined One thousand pound degraded and imprisoned in the same place in Finsbury Fields which he had prepared for others For the Tower was thought too honorable for such a person He rode likewise from Westminster into London with his face to the Horse-tail Likewise the King revoked his Letter Patents Commissions and Proclamations concerning Inns and Ale-houses and the Manufactures of Gold and Silver Thred To these Reformations the King gave encouragement by his Third Speech in Parliament wherein he declared much against Corruption and Bribery in Judicatures professing That no person should be preferred before the publick good and that no offender should go unpunished In the same Speech he gave them thanks for the Subsidies given in the beginning of the Parliament and for the Title of the Grant and proceeded to open his present state in relation to his Son in Law the Prince Elector Palatine how the sums granted by the Act of Subsidy were taken up
Majesty that he suffered for his good service done His Majesty requires the Lords who are able to do him Justice to punish Yelverton for his slander Sir Henry Yelverton coming shortly after before the Lords gave his particular Answer to each particular charge in serie temporis and spake moreover as followeth I Cannot but present my self this day before Your Highness and my Lords with much fear with more grief for I am compassed with so many terrors from His Majesty as I might well hide my head with Adam His Lordships meaning Buckingham displeasure wounds me more then the conscience of any these facts yet had I rather die then the Commonwealth should so much as receive a scrach from me I that in none of my actions feared that great man on whom they viz. Sir Edward Villers and Sir Giles Mompesson did depend much less would I fear them who were but his shadow But my most Noble Lords knowing that my Lord of Buckingham was ever at His Majesties hand ready upon every occasion to hew me down out of the honest fear of a Servant not to offend so gracious a Master as His Majesty hath ever been to me I did commit them videlicet the Silkmen And speaking concerning the Patent of Inns he said I cannot herein but bemoan my unhappiness that in the last cause laboring by all lawful means to advance the honest profit of His Majesty and in this with the sight almost of my own ruine to preserve His Majesties honor and the quiet of the people I am yet drawn in question as if I had equally dishonored His Majesty in both When Sir Giles saw I would not be wooed to offend His Majesty in his direction I received a Message by Mr. Emmerson sent me from Sir Giles That I would run my self upon the Rocks and that I should not hold my place long if I did thus withstand the Patent of Inns or to this effect Soon after came Sir Giles himself and like an Herauld at Arms told me to this effect He had a Message to tell me from the Lord of Buckingham that I should not hold my place a moneth if I did not conform my self in better measure to the Patent of Inns for my Lord had obtained it by his Favor and would maintain it by his Power How could I but startle at this Message for I saw here was a great assuming of power to himself to place and displace an Officer I saw my self cast upon two main Rocks either treacherously to forsake the standing His Majesty had set me in or else to indanger my self by a by blow and so hazard my Fortune I humbly beseech your Lordships Nature will struggle when she sees her place and means of living thus assaulted for now it was come to this Whither I would obey His Majesty or my Lord if Sir Giles spake true Yet I resolved in this to be as stubborn as Mordecai not to stoop or pass those gracious Bounds His Majesty had prescribed me Soon after I found the Message in part made good for all the profits almost of my place were diverted from me and turned into an unusual Channel to one of my Lords Worthies That I retained little more then the name of Attorney It became so fatal and so penal that it became almost the loss of a Suit to come to me My place was but as the seat of Winds and Tempests Howbeit I dare say if my Lord of Buchingham had but read the Articles exhibited in this place against Hugh Spencer and had known the danger of placing 〈◊〉 displacing Officers about a King he would not have pursued me with such bitterness But my opposing my Lord in this Patent of Inns in the Patent of Ale-houses in the Irish Customs and in Sir Robert Nantons Deputation of his place in the Court of Wards These have bin my overthrow and for these I suffer at this day in my Estate and Fortune not meaning to say I take it but as I know and for my humble oppositions to his Lordship above Twenty thousand pounds The King hearing of this Speech commanded the Lord Treasurer to acquaint the House of Lords That he understood that Yelverton being called before them the other day as a Delinquent answered not as a Delinquent but as a Judge or accuser of a Member of that House the Lord of Buckingham saying He suffered for the Patent of Inns or to that effect That he was so far from excusing or extenuating of his Offence the last day here that he hath aggravated the same Wherefore His Majesties pleasure is That himself will be judge of what concerns His Majesty for that which concerns the Lord of Buckingham his Lordship hath besought His Majesty that that might be left to the House and so His Majesty leaves that wholly to their Lordships The Lords made an humble Return to His Majesty That forasmuch as he was once pleased to make their House Judge of those words formerly spoken by Sir Henry Yelverton which touched His Majesties Honor that His Majesty will be pleased not to resume the same out of their hands but so far to tender the Priviledges of their House as to continue his first resolution which afterwards the King condescended unto The Lords first examining Emerson who varied in the matter he was examined about proceeded to Sentence Sir Henry Yelverton not upon the Charge exhibited against him by the Commons but for the words spoken by the by and declared That the said Sir Henry Yelverton for his Speeches uttered here in the Court which do touch the Kings Majesty his Honor shall be fined to the King in Ten thousand Marks be imprisoned during the Kings pleasure and make a Submission unto His Majesty And for the scandal committed in these words of his against the Lord Marquess of Buckingham That he should pay him Five thousand Marks and make his Submission As soon as the Judgment was pronounced against him the Lord Marquess of Buckingham stood up and did freely remit him the said Five thousand marks for which Sir Henry humbly thanked his Lordship and the House of Peers agreed to move His Majesty to mitigate Sir Henry Yelvertons Fine and the Prince his Highness offered to move His Majesty therein which accordingly was done and Sir Henry was set at liberty the Duke reconciled to him he afterwards preferred to be a Judge and was esteemed a man Valde eruditus in Lege But the Treaties with the Emperor and the King of Spain were much disrelished Gondomar had raised the peoples fury and was reviled and assaulted in London streets Whereupon the day following the Privy Council commanded the Recorder of London to be careful in the strict Examination of an Insolent and Barbarous affront offered to the Spanish Ambassador and his people for which the King would have exemplary Justice done And forasmuch as His Majesty was informed that there was a fellow already apprehended though not for casting stones or threatning
the Ambassadors person as some are said to have done yet for using railing speeches against him calling him Divel or words to that purpose it was His Majesties pleasure that that fellow without any further delay on the morrow in the forenoon be publickly and sharply whipt thorow London beginning at Algate and so through the streets along by the place where the affront was offered towards Fleetstreet and so to Temple-Bar without any manner of favor The people were enraged at Gondomar through a perswasion that he abused the King and State to advance the designs of Spain By means of his power with the King he had transported Ordinance and other warlike Provisions to furnish the Spanish Arsenals and it was believed that he underhand wrought the sending of Sir Rob. Mansel into the Mediterranean Sea to fall upon the Pirates of Algier The Merchants of this Kingdom by them much infested being also induced to move for this Expedition wherein the English fleet performed gallantly and advancing within the reach of Cannon and small shot which from the Land showred like Hail upon them fired the Pirates ships within their own Harbor Nevertheless hereby our Strength was diverted our Treasure exhausted and the Spanish fleet and Merchants secured from those Robbers and Spain left at liberty to assist in subduing the Palatinate In the mean while our Kings Affairs in Germany notwithstanding the many Complaints grew more and more desperate In Bohemia the Emperor having well nigh subdued and setled the Country proceeded to the Tryal and Execution of the Authors of the late Commotions some were condemned to perpetual imprisonment and others to death and the Heads of many eminent persons were fixt on the Towers in Prague and their bodies quartered After this the Emperor began both in Austria and Hungaria to imprison divers that assisted the Bohemians and caused Proces to be made against them The Marquess of Iagerndorfe who stirred in the County of Glatsburgh and raised forces by Commission from the Elector Palatine published Letters against the Executions in Bohemia as cruel and barbarous The Emperor put forth an Answer and said That the Marquess published those things maliciously forasmuch as in Bohemia was the Original sedition and the head that infected the members That some few persons Authors of the troubles not in hatred of their Religion but for their Rebellion have been punished by the hand of Justice And he declared further That the like exemplary Justice should not be done in other places but that the Articles of the Peace should be observed By this time the Parliament having sate about four moneths King Iames was desirous to give them a time of vacancie The Lord Treasurer by the Kings command declared unto the Houses That his Majesty by the advice of his Privy Council thought fit to adjourn the Parliament lest the season of the year by the continual concourse of people should cause Infection Also that the Lieutenans and Justices might be in the Country And the Adjournment keeping the Parliament still in being was better then Proroguing That his Majesty had already redressed corruption in Courts of Justice and by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver-Thread and cherished the Bill against Informers and Monopolies The Commons were troubled at this Message and desired a Conference with the Lords and moved them to petition the King to forbear the Adjournment The King takes notice of it and the Treasurer acquainted the Lords that a Petition of this nature could not be pleasing to his Majesty it seeming to derogate from his Prerogative who alone hath power to call adjourn and determine Parliaments The Commons at a further Conference declared their hearty sorrow and passionate grief at the Kings resolution which they said cut off the performance of what they had consulted and promised for the Publique weal. The Lords sitting in their Robes the King came and made a Speech takes notice of his Message to both Houses and gave their Lordships thanks for obeying the same and acknowledging his power to call adjourn and dissolve Parliaments and for refusing to join with the Commons in the Petition for Non-adjournment And whereas some had given out that no good had been done this Parliament He put them in mind that the two Patents grievous to the Commonwealth were called in and that the Parliament had censured the Offenders for an example to all ages And if they desired it he offered them eight or ten days longer sitting to expedite Bills but said that at the request of the Commons he would not grant it The Lords had a Conference with the Commons after which they moved the King to continue their sitting for fourteen days which was granted and the Commons were satisfied with the resolution of Adjournment A Committee of both Houses afterwards attending the King he told them how ill he took it that the Commons should dispute his reasons of Adjournment all power being in him alone to call adjourn prorogue and dissolve Parliaments And on Iune 4. he declared for an Adjournment till November following And that he will in the mean time of his own authority redress Grievances And his Majesty as General Bishop of the Land did offer his prayers to God for both the Houses and admonished them That when they go into the Country they give his people a good accompt and satisfaction both as to the Proceedings and to the Adjournment of the Parliament The House of Commons immediately before their recess taking to heart the miseries of the Palatinate resolved that the drawing back in so good a Cause should not be charged on their slackness And thereupon drew up this following Declaration with an universal consent THe Commons assembled in Parliament taking into most serious consideration the present state of the Kings Children abroad and the generally afflicted estate of the true Professors of the same Christian Religion professed by the Church of England in Foreign parts And being touched with a true sense and fellow féeling of their distresses as Members of the same Body do with unanimous consent in the name of themselves and the whole body of the Kingdom whom they represent declare unto his most excellent Majesty and to the whole World their hearty grief and sorrow for the same and do not only join with them in their humble and devout prayers unto Almighty God 〈◊〉 protect his true Church and to avert the dangers now threatned but also with one heart and voice do solemnly protest That if His Maiesâ—â—â— pious endeavors by Treaty to procure their peace and safety shall not take that good effect which is desired in Treaty Wherefore they humbly beseech His Majesty not to suffer any longer delay That then upon signification of His Majesties pleasure in Parliament they shall be ready to the utmost of their powers both with their lives and fortunes to assist him so as that by the Divine
received but a slender return of the Lord Digby's Embassie to the Emperor for the restoring of the Elector Palatine But the Emperors full meaning in the business may be found at large in his own Letter to Don Baltazar de Zuniga a prime Councellor of State in Spain to be by him represented to the King his Master to this effect THat beholding the admirable providence of God over him he is bound to use that most notable Victory to the honor of God and the extirpation of all Seditions and Factions which are nourished chiefly among the Calvinists lest that Iudgment which the Prophet threatned the King of Israel should fall upon him Because thou hast dismissed a man worthy of death thy soul shall be for his soul. The Palatine keeps now in Holland not only exiled from the Kingdom which he rashly attempted but despoiled almost of all his own Territories expecting as it were the last cast of Fortune whom if by an impious kind of commiseration and his subtile petitioning he shall be perswaded to restore and nourish in his bosom as a trodden half-living snake what can he expect less then a deadly sting from him who in regard of his guilt can never be faithful but will alway gape for occasions to free himself from his fears and the genius of whose sect will make him an Enemy or an unsound Friend to the House of Austria and all other Catholick Princes Wherefore firmly casting in his minde that the Palatine cannot be restored He hath freely offered the Electorate to the Duke of Bavaria a most eager Defender of the Catholick cause by which means the Empire will always remain in the hand of Catholicks and so by consequence in the House of Austria And in so doing he shall take away all hope from the Palatine and those that sollicite so importunately for his restitution And it is to be hoped that the Lutheran Princes especially the Duke of Saxony will not so far disallow this translation as to take up Arms seeing Charls the Fifth upon a far lighter cause deprived John Frederick Duke of Saxony of the Electorate and conferred it on Maurice this Dukes great Uncle Besides no less is the Lutherans hatred of the Calvinists then of the Catholicks Such were the effects which the Kings Treating had wrought with the Emperor The Parliament that was to meet November the Fourteenth the King by Proclamation adjourned to the Eighth of February and expressed the cause to be the unseasonableness of the time of the year But this long Recess was shortned and the King declared That upon Important Reasons he had altered his former Resolutions and did adjourn it for no longer time then from the Fourteenth to the Twentieth of this instant November Upon which day it Reassembled and the King being absent by reason of his indisposition in health commanded a Message to be delivered to both Houses by the Lord Keeper the Lord Digby and the Lord Treasurer In the first place he acquainted the Two Houses with His Majesties indisposition of health which was the occasion of his absence at the opening of the Parliament yet he could not say he was absent so long as he was represented by a Son who was as dear to the Kingdom as to His Majesty As to the occasion of calling the Parliament by way of Antecedent he took notice of several effects of His Majesties gracious care over the Nation since the last Recess of the Parliament in His Majesties answering several Petitions concerning Trade Importation of Bullion Conservation of Coyn in the Land and prohibiting the Transportation of Iron Ordinance and that His Majesty by His Proclamation reformed Thirty six or thirty seven several matters complained of as Publick Grievances all of them without the least Trucking or Merchandising with the People a thing usual in former times He further said That His Majesty did principally fix the occasion of the calling a Parliament upon the Declaration Recorded and divulged far and near by the Representative Communalty of this Kingdom to assist His Majesty to carry on the War to recover the Palatinate yet withal his Lordship gave an account how His Majesty was since the last Parliament encouraged to travel a little longer in his pious endeavors to procure a peace by way of Treaty and that the Lord Digby was sent Ambassador upon that occasion and since returned but not with such success as was to be hoped for He minded both Houses of one Heroical Act of His Majesties since the last Parliament in the advancement of Forty thousand pounds to keep together a Body of an Army in the Lower Palatinate which otherwise had been dissolved before this Parliament could be assembled And that unless the Parliament take further resolution and imitate rather Ancient then Modern principles and be expeditious in what they do the Army in the Palatinate will fall to the ground And lastly Told them that His Majesty did resolve that this Parliament should continue till seven or eight days before the Festivals and to be renewed again the eighth of Februaâ—â— to continue for the Enacting of Laws and Perioding of things of Reformation as long as the necessity of the State shall require the same After the Lord Keeper had done the Lord Digby having received a Command from His Majesty to that purpose gave a brief account of his Negotiation with the Archduke about the Treaty of Peace how the Archduke consented thereunto and writ accordingly to the Emperor and the King of Spain of his proceedings who also writ to Spinola for a Cessation of Arms the Archduke having the Command of the Spanish forces in Germany but the Duke of Bavaria would not consent thereunto and the Lord Digby informed the two Houses that by the carriage of the Duke of Bavaria and by other circumstances he did evidently discover That from the beginning that Duke affected to get unto himself the Palatinate and the Title of Elector He further declared That if Count Mansfield was not speedily supplied he could not keep his Army together Then he gave an account how bravely Sir Horatio Vere had behaved himself in the Palatinate and that by his wisdom and valor there was kept from the enemy Heidelburg Mainheim and Frankendale the last of which places had then endured a moneths siege He also spoke Honorably of Capt. Burroughs and concluded That the fittest Redress was to furnish and keep up the Army already there which must be done by supplies of Money and more Forces must be prepared against the next Spring that we may have there an Army of our own for the strengthning of the Palatinate and encouragement of the Princes of the Union Then the Lord Treasurer spake and acquainted both Houses how empty the Kings Coffers were and how he had assisted the Palatine and Princes of the Union with great sums which had exhausted his Treasure and that His Majesty was much in debt Nevertheless though the King
points of Grace to the people but also by the labor we took for the satisfaction of both Houses in those three Articles recommended unto us in both their names by the Right Reverend Father in God the Archbishop of Canterbury and likewise for the good Government of Ireland we are now in hand with at your request but not onely have we heard no news of all this but contrary great complaints of the danger of Religion within this Kingdom tacitely implying our ill Government in this point And we leave you to judge whether it be your duties that are the Representative Body of our people so to distaste them with our Government whereas by the contrary it is your duty with all your endeavors to kindle more and more a dutiful and thankful love in the peoples hearts towards us for our just and gratious Government Now whereas in the very beginning of this your Apology you tax us in fair terms of trusting uncertain Reports and partial Informations concerning your proceedings we wish you to remember that we are an old and experienced King needing no such Lessons being in our Conscience freest of any King alive from hearing or trusting idle Reports which so many of your House as are nearest us can bear witness unto you if you would give as good ear to them as you do to some Tribunitial Orators among you And for proof in this particular we have made your own Messengers confer your other Petitions sent by you with the Copy thereof which was sent us before Between which there is no difference at all but that since our receiving the first Copy you added a conclusion unto it which could not come to our hands till it was done by you and your Messengers sent which was all at one time And if we had had no Copy of it before-hand we must have received your first Petition to our great dishonor before we had known what it contained which would have enforced us to return you a far worse Answer then now we do for then your Messengers had returned with nothing but that we have judged your Petition unlawful and unworthy of an Answer For as to your conclusion thereof it is nothing but Protestatio contraria facto for in the Body of your Petition you usurpe upon our Prerogative Royal and meddle with things far above your reach and then in the conclusion you protest the contrary As if a Robber would take a mans purse and then protest he meant not to rob him For first you presume to give us your advice concerning the Match of our dearest Son with some Proâ—â—stant we cannot say Princess for we know none of these fit for hâ—m and disswade us from his Match with Spain urging us to a presenâ— War with that King and yet in the conclusion forsooth ye protest ye intend not to press upon our most undoubted and Regal Prerogative as if the Petitioning of us in matters that your selves confess ye ought not to meddle with were not a meddling with them And whereas ye pretend That ye were invited to this course by the Speeches of Three honorable Lords yet by so much as your selves repeat of the Speeches nothing can be concluded but that we were resolved by War to regain the Palatinate if otherwise we could not attain unto it And you were invited to advise forthwith upon a Supply for keeping the forces in the Palatinate from disbanding and to foresee the means for the raising and maintenance of the Body of an Army for that War against the Spring Now what inference can be made upon this that therefore we must presently denounce War against the King of Spain break our dearest Sons match and match him to one of our Religion let the World judge The difference is no greater than if we would tell a Merchant that we had great need to borrow Money from him for raising an Army that thereupon it should follow that we were bound to follow his advice in the direction of the War and all things depending thereupon But yet not contenting your selves with this excuse of yours which indeed cannot hold water ye come after to a direct contradiction to the conclusion of your former Petition saying That the honor and safety of us and our Posterity and the Patrimony of Our Children invaded and possessed by their enemies the Welfare of Religion and State of our Kingdom are matters at any time not unfit for your deepest considerations in Parliament To this generality we answer with the Logicians That where all things are contained nothing is omitted So as this Plenipotency of yours invests you in all power upon Earth lacking nothing but the Popes to have the Keys also both of Heaven and Purgatory And to this vast generality of yours we can give no other answer for it will trouble all the best Lawyers in the House to make a good Commentary upon it For so did the Puritan Ministers in Scotland bring all kinde of causes within the compass of their jurisdiction saying That it was the Churches office to judge of slander and there could no kinde of crime or fault be committed but there was a slander in it either against God the King or their Neighbor and by this means they hooked into themselves the cognisance of all causes Or like Bellarmines distinction of the Popes power over Kings in Ordine ad Spiritualia whereby he gives them all Temporal Jurisdiction over them But to give you a direct Answer to the matter of War for which you are so earnest We confess we rather expected you should have given us thanks for the so long maintaining a setled Peace in all our Dominions when as all our Neighbors about are in miserable combustion of War but dulce bellum inexpertis And we indeed finde by experience that a number of our Subjects are so pampered with Peace as they are desirous of change though they knew not what It is true that we have ever professed and in that minde with Gods grace we will live and die that we will labor by all means possible either by Treaty or by force to restore our Children to their ancient Dignity and Inheritance And whatsoever Christian Princes or Potentates will set themselves against it we will not spare any lawful means to bring our so just and honorable purpose to a good end neither shall the match of our Son or â—ny other worldly respect be preferred to this our resolution For by our credit and intervention with the King of Spain and the Arch-Dutches and her Husband now with God we preserved the Lower Palatinate one whole year from any further conquering in it which in eight days space in that time might have easily been swallowed up by Spinola's Army without any resistance And in no better case was it now at our Ambassador the Lord Digbies coming through Heidelburgh if he had not extraordinarily succored it But because we conceive that ye couple this War of the Palatinate with
so we pray God that this desire among you of kindling Wars shewing your weariness of peace and plenty may not make God permit us to fall into the miseries of both But as we already said our care of Religion must be such as on the one part we must not by the hot persecution of our Recusants at home irritate Foreign Princes of contrary Religion and teach them the way to plague the Protestants in their Dominions with whom we daily intercede and at this time principally for ease to them of our profession that live under them Yet upon the other part we never mean to spare from due and severe punishment any Papist that will grow insolent for living under our so mild Government And you may also be assured we will leave no care untaken as well for the good Education of the Youth at home especially the children of Papists as also for preserving at all times hereafter the Youth that are or shall be abroad from being bred in dangerous places and so poisoned in Popish Seminaries And as in this point namely the good education of Popish youth at home we have already given some good proofs both in this Kingdom and in Ireland so will we be well pleased to pass any good Laws that shall be made either now or at any time hereafter to this purpose And as to your request of making this a Session and granting a General Pardon It shall be in your defaults if we make nor this a Session before Christmas But for the Pardon ye crave such particulars in it as we must be well advised upon lest otherwise we give you back the double or treble of that we are to receive by your entire Subsidy without Fifteens But the ordinary course we hold fittest to be used still in this case is That we should of our free grace send you down a Pardon from the Higher House containing such points as we shall think fittest wherein we hope ye shall receive good satisfaction But we cannot omit to shew you how strange we think it that ye should make so bad and unjust a Commentary upon some words of our former Letter as if we meant to restrain you thereby of your antient priviledges and liberties in Parliament Truly a Scholar would be asham'd so to misplace and misjudge any sentences in another mans book For whereas in the end of our former Letter we discharge you to meddle with matters of Government and Mysteries of State namely matters of War or Peace or our dearest Son's Match with Spain by which particular denominations we interpret and restrain our former words And then after we forbid you to meddle with such things as have their ordinary course in Courts of Justice Ye couple together those two distinct sentences and plainly leave out these words Of Mysteries of State so as ye erre à bene divisis ad male conjuncta For of the former part concerning Mysteries of State we plainly restrain our meaning to the particulars that were after mentioned And in the latter we confess we meant it by Sir Edward Cook 's foolish business And therefore it had well became him especially being our Servant and one of our Council to have complained unto us which he never did though he was ordinarily at Court since and never had access refused unto him And although we cannot allow of the stile calling it Your antient and undoubted Right and Inheritance but could rather have wished that ye had said That your Priviledges were derived from the grace and permission of our Ancestors and Us For most of them grow from Precedents which shews rather a Toleration then Inheritance Yet we are pleased to give you our Royal assurance that as long as you contain your selves within the limits of your duty we will be as careful to maintain and preserve your lawful Liberties and Priviledges as ever any of our Predecessors were nay as to preserve our own Royal Prerogative So as your House shall only have need to beware to trench upon the Prerogative of the Crown which would enforce us or any just King to retrench them of their Priviledges that would pare his Prerogative and Flowers of the Crown But of this we hope there shall be never cause given Dated at Newmarket the Eleventh day of December 1621. The Lord Keeper Williams advised That the harshness of this Answer should be mitigated with a Letter from his Majesty to the Houses For said he his Majesty rightly inferrs That their Priviledges which they claim to be their Natural birthrights are but the favors of former Kings Now the Kings assertion and their Claim may easily be reconciled if men were peaceably disposed and affected the dispatch of Common business These Priviledges were originally the favor of Princes neither doth his Majesty go about to impair or diminish them Therefore if his Majesty would be pleased to qualifie the passage with some mild and noble expression and require them strictly to prepare things for a Session and to leave those needless disputes He shall make it appear to all wise and just men that those persons are opposite to those Common ends whereof they vaunt themselves the onely Patrons Will the King be pleased to add in this Letter That if they will not prepare Bills for a Session he will break up the Parliament without any longer Prorogation acquainting the Kingdom with their undutifulness and obstinacie and supply the present wants by some other means Or else will he adjourn the present Assembly to the appointed Eight of February This latter course is fitter for further Advice but the former to express a just indignation The Lord Digby minded the Peers That this Session was called for the present support of the Palatinate as was declared by the Message from his Majesty to both Houses in the beginning thereof He reported also That he had received many great Advertisements of that Countries present distress and danger by the Duke of Bavaria and that the Army of Mansfeld who came in for defence if he be not speedily supplied with monies is in a possibility of deserting the service For he hath fair offers of making his Peace but nothing will take with him being in hopes of relief from England But the Parliament thought it their duty as well to advise his Majesty as to supply his wants December 19. The Prince delivered to the Clerk the Commission for an Adjournment to the Eight of February Which discontented the Commons and good people of England foreseeing a Dissolution by Gondomar's means Before the Adjournment in vindication of their Parliamentary rights and Priviledges the Commons made and entred this Protestation following THe Commons now assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Priviledges of Parliament amongst others here mentioned do make this Protestation following That the Liberties Franchises Priviledges and Iurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects
of England And that the arduous and urgent affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and redress of mischiefs and grievances which daily happen within this Realm are proper subjects and matter of Councel and Debate in Parliament And that in the handling and procéeding of those businesses every Member of the House of Parliament hath and of right ought to have freedom of spéech to propound treat reason and bring to conclusion the same And that the Commons in Parliament have like liberty and fréedom to treat of these matters in such order as in their judgments shall seem fittest And that every Member of the said House hath like freedom from all Impeachment Imprisonment and molestation other then by Censure of the House it self for or concerning any speaking reasoning or declaring of any matter or matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the advice and assent of all the Commons assembled in Parliament before the King gave credence to any private information But how the King was moved by the Protestation of the House of Commons will appear by this Memorial Whitehall Decemb. 30. 1621. HIs most Excellent Majesty coming this day to the Council the Prince his Highness and all the Lords and others of His Majesties Privy Council sitting about him and all the Iudges then in London which were six in number there attending upon His Majesty the Clerk of the Commons House of Parliament was called for and commanded to produce his Iournal-book wherein was noted and Entries made of most passages that were in the Commons House of Parliament and amongst other things there was written down the form of a Protestation concerning sundry Liberties Priviledges and Franchises of Parliament with which form of Protestation His Majesty was justly offended Nevertheless His Majesty in a most gracious manner there expressed That he never meant to deny that House of Commons any lawful Priviledges that ever they had enjoyed but whatsoever Priviledges or Liberties they had by any Law or Statute the same should be inviolably preserved unto them and whatsoever Priviledges they enjoyed by Custom or uncontrolled and lawful president His Majesty would be careful to preserve But this Protestation of the Commons House so contrived and carried as it was His Majesty thought fit to be razed out of all Memorials and utterly to be annihilated both in respect of the manner by which it was gained and the matter therein contained For the manner of getting it First in respect of the time For after such time as His Majesty out of his Princely grace and to take away all mistakings had directed his Letters to Secretary Calvert dated at Royston 16 Decembris and therein had so explained himself in the point of maintaining the priviledges of the House of Commons as that most of the said House rested fully satisfied and freed from any scruple of having their liberties impeached And after that by His Majesties Letters directed to the Speaker dated 18 December being Tuesday His Majesty at the humble suit of the House of Commons condescended to make this Méeting a Session before Christmas and for that purpose had assigned Saturday following Now upon this very Tuesday and while the Messengers from the House of Commons were with His Majesty at Theobalds to return thanks unto His Majesty and therewith an excuse from them not to make it a Session in respect of the strait of time whereunto they were driven which deferment His Majesty admitted of at their desires and thereupon gave order for the adjournment of the Parliament until the Eight of February next which was the first day formerly appointed by His Majesty for the méeting together of the Parliament And whilst their messengers were with His Majesty and had received a gracious Answer to return unto their House even that afternoon a Committee was procured to be made for taking their Liberties into consideration And this afternoon a Protestation was made to whom appears not concerning their Liberties and at six a clock at night by candle-light the same Protestation was brought into the House by the Committee and at that time of night it was called upon to be put to the Question there not being the third part of the House then present whereas in all matters of weight their usual custom is to put nothing of importance to the Question till the House be full And at this time many of them that were present expected the Question would have been deferred to another day and a fuller House and some then present stood up to have spoken to it but could not be seen nor heard in that darkness and confusion Now for the matter of the Protestation it is penned in such ambiguous and general words as may serve for future Times to invade most of Rights and Prerogatives annexed to the Imperial Crown the claim of some priviledges being grounded upon the words of the Writ for assembling the Parliament wherein some words viz. Arduis Regni are cunningly mentioned but the word quibusdam which restraineth the generality to such particular Cases as His Majesty pleaseth to consult with them upon is purposely omitted These things considered His Majesty did this present day in full assembly of his Council and in the presence of the Iudges declare the said Protestation to be invalid annulled void and of no effect And did further manu sua propria take the said Protestation out of the Iournal-book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of Council-causes On the Sixth of Ianuary the King by Proclamation dissolved the Parliament shewing that the assembling continuing and dissolving of Parliaments doth so peculiarly belong unto him that he needs not give an accompt thereof unto any Yet he thought fit to declare That in this Dissolution he had the advice and uniform consent of his whole Council And that some particular Members of the House of Commons took inordinate liberty not only to treat of his high Prerogatives and sundry things not fitting to be argued in Parliament but also to speak with less respect to Foreign Princes That they spent the time in disputing Priviledges descanting upon the words and syllables of his Letters and Messages And that these Evil-tempered spirits sowed tares among the corn and by their cunning devices have imposed upon him a necessity of discontinuing this present Parliament without putting unto it the name or period of a Session And lastly he declared That though the Parliament be broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call a Parliament again at convenient time The King was
Potentissimo Principi ac Domino Philippo Quarto c. SErenissime Potentissime P. Frater Consanguinee Amice Charissime Quum aliquot abhinc annis pro affinitate nostra arctiori totiusque orbis Christiani bono deliberatio suscepta fuerit de Matrimonio inter Charissimum silium nostrum Carolum P. Walliae Illustrissimam Infantem Dominam Mariam Serenitatis vestrae sororem natu minorem contrahendo quod superstite adhuc R. Philippo Tertio felicissimae memoriae Patre vestro eo per gradus devectum erat ut ille si non expirasset hoc multo antehac consummatum iri spes esset nunc denuo Serenitatem vestram interpellandam duximus jam tandem ut velit operi bene inchoato fastigium imponere expectato deliberationes praeteritas exitu coronare Matura jam filii aetas filii Unici rerumque temporum ratio conjugem videntur efflagitare nobisque in senectutis limine constitutis felicissimus illuceret dies quo cernere liceret posterorum etiam amicitiam optato hoc affinitatis foedere constrictam Misimus itaque ad Serenitatem vestram Legatum nostrum Extraordinarium Praenobilem virum Iohannem Digbeum Baronem de Sherbone Consiliarâ—um Vice-Camerarium nostrum jam olim de hac affinitate Domus Austriacae honore bene meritum cui una cum Legato nostro Ordinario quicquid reliquum est hujus Negotii tractandum transigendum absolvendumque Commisimus Quicquid illis illic videbitur ratum hic habituri Utinam etiam vestre Serenitatis bonitate levaretur aliquando altera illa nostra de Palatinatu Sollicitudo de â—ilia genero insontibus eorum liberis ex avito jam extorribus Patrimonio Quam vellemus vestiae Potissimum Serenitati beneficium hoc in solidum debere cujus tot modo experti sumus ea in re Amicissima Officia Non nos unquam capiet tantae benevolentiae oblivio Posterisque Haereditarium studebimus relinquere amorem illum quo vestram Serenitatem memoriae optimae Patrem semper sumus amplexi semper amplexuri Unum hoc superest ut si quid aliud in re quacunque proposuerit Legatus hic noster eam ei fidem adhibere ac si nos praesentes essemus dignetur Serenitas vestra Quam Deus Optimus Maximus perpetuo incolumem conservet Serenitatis vestrae Frater Amantissimus Jacobus R. Dat. è Regia nostra Theobald 14 Die Martii An. Dom. 1621. Iames c. To the most Serene and most Potent Prince and Lord Philip the Fourth c. MOst Serene and Potent Prince Kinsman and Wel-beloved Friend Forasmuch as some years ago for our nearer Alliance and the good of the whole Christian World we had resolved to make a Marriage between our Wel-beloved Son Charls Prince of Wales and the most Illustrious Infanta the Lady Mary your Serenities yongest Sister which in the life time of your Father King Philip the Third of most happy memory was so far advanced That if he had not died it had been brought to perfection long ere now We have therefore thought good to Treat now again with your Serenity that at length you would put a period to a work so well begun and crown our by-past Deliberations with an expected issue The age of our Son arived now to maturity and he our onely Son besides the condition of the times and our affairs doth require him to marry And we being at the brink of old age it would rejoyce us to see the day wherein our Posterities Friendship should be bound up in this most desired Bond of Affinity We have therefore sent unto your Serenity our Extraordinary Ambassador the Right Honorable the Lord Digby Baron of Sherborne our Counsellor and Vice-Chamberlain who has formerly deserved well of this Alliance and the honor of the House of Austria unto whom together with our Ordinary Ambassador we have intrusted the remainder of this business to be treated transacted and finished and shall be ready to ratifie and approve here what ever they shall agree upon We wish likewise that your Serenity out of your goodness would ease our other care touching the Palatinate which concerns our Daughter and Son in Law and their innocent Children banished from their Ancestors Inheritance How gladly would we ow this good turn solely to your Serenity who have already done us so many friendly offices in that business No Oblivion shall ever blot out of our minde the acknowledgment of so great a favor and we will endeavor to transmit to our Posterity that Hereditary good will wherewith we have ever affected your Serenity and your Royal Father of most worthy memory and shall ever affect you One thing remains That if this our Ambassador shall propose any other matter touching what business soever your Serenity will be pleased to give him Credence as if we our self were present The most gracious and great God ever preserve your Serenity in safety Your Serenities most Loving Brother J. R. Given at our Pallace of Theobalds 14 March 1621. Prince Charls to the King of Spain MOst Serene and Potent Prince and wel-beloved Kinsman some years ago our most Serene Parents begun to treat about a Match between us and the most Serene our dearly beloved Princess the Lady Mary your Majesties most honored Sister The condition and success of which affair and treaty our most Serene and Honored Lord and Father out of his Fatherly affection towards us was pleased upon all occasions so much the more willingly to impart unto us by how much greater propension and apparent signs of true affection he discovered in us thereunto For which cause the Baron Digby his Majesties Vice-Chamberlain and Extraordinary Ambassador and one of our Privy Chamber being now bound for Spain with most ample Instructions to bring unto an happy issue that which was prosperously begun advanced before your most gracious Father our Uncle of happy memory departed this life We thought it no less becoming us by these our Letters most affectionately to salute your Majesty who if you shall perswade your self that we highly esteem of your affection as we ought to do and that by a most near bond of affinity we desire to have it inlarged and confirmed towards us that very perswasion will not a little adde to the measure of our love It remains that we intreat your Majesty to give full credit to such further Proposals as the Baron Digby shall make in our name In the mean time we will hope for such a success of the principal business as may give us occasion to use a more familiar stile hereafter in our Letters as an argument of a nearer relation which if it shall happen this will also follow That we shall most readily embrace all occasions whereby to evidence unto your Majesty the progress and increase of our affection as well towards your self as your most Serene Sister The most great and good God preserve your Majesty long in safety Your Majesties
Desponsorios in Spain which was controlled again by an Express from hence issued an unnecessary discourtesie put upon the King and in a manner upon the Infanta by the Earl of Bristol From that proceeded a greater affront put upon the Prince the taking away the title La Princesa from the Infanta and the debarring of our Ambassadors from any further Access to her person Then was produced an Answer of the King of Spain to the Memorial of the Ambassador implying a Refusal to assist by Arms for the recovery of the Palatinate in case the Emperor consent not to a Restitution which we have inserted in series of time VI. The Stating of the Question Super totam Materiam THis Question the Duke stated on this manner Whether this being the full effect and product of all the Negotiation which I have opened unto you be sufficient Super totam Materiam for his Majesty to relie upon with any safety as well for the Marriage of his onely Son as for the relief of his onely Daughter Or that these Treaties set aside his Majesty were best to trust in his own strength and to stand upon his own feet So the Duke ended with this Conclusion That if the bringing us from darkness to light did deserve any thanks we ow it and must wholly ascribe it to the Prince his Highness The Prince was present at this Narration and assisted the Duke of Buckingham therein and certified many particulars thereof and it being reported the same day to the House his Highness approved thereof there also The Spanish Ambassador took great offence at the Dukes Relation as reflecting upon his Masters Honor and demanded his Head for satisfaction The House of Lords by a general Vote acquitted the Duke from the Accusation of the Spanish Ambassador and justified his Relation and intended to signifie as much to his Majesty by a Committee of the whole House That the Duke may be encouraged to proceed in his faithful service to the State Unto which the Commons so directly and fully answered as if the two Houses had been Twins and what one had said thought and done the other had thought said and done the same And the Commons desired to joyn with the Lords in signifying this to his Majesty which was done by the ensuing Address YOur Majesties most Loyal Subjects the Lords Knights Citizens and Burgesses Assembled at this time in both Houses of Parliament being informed of a Complaint made unto your most Excellent Majesty against the Duke of Buckingham That in the Narrative which by your Majesties command he made unto both Houses the Four and twentieth of February last he should let fall some passages grievous to the Honor of the King of Spain and inferred to be of so high a nature as if the same had been delivered by any Subject of that King against your Majesty it could not have been otherwise expiated then with the loss of his Head that spoke it Taking this into their mature deliberation and conceiving that this Accusation doth in an oblique manner fasten an Aspersion upon themselves also do in all submission and humility make unto your Majesty a Threefold Representation First Concerning that great King secondly Concerning that eminent Lord thirdly Concerning themselves First Concerning that King they do with an unanimous Vote of both Houses absolutely acquit and clear the Lord Duke from letting fall any words at all derogatory to the Honor of that King For the second That concerns my Lord they do in the like humility attest unto your most Sacred Majesty That if my Lord the Duke had omitted any matter represented unto them that day he had for so much failed in the performance of that duty and fidelity which he oweth unto your Majesty and to the business and unto both Houses For the last which concerneth themselves they make bold in like humility to represent unto your Majesty That they do much honor my Lord the Duke for that Narration and do render unto him all possible thanks for that fidelity and industry expressed therein and so without your further trouble Do humbly beseech your most Excellent Majesty to interpret fair of this their Representation which they held themselves bound to offer unto your Majesty for the clearing of so eminent a person who as they verily believe hath in this Negotiation well deserved of your Majesty and the Commonwealth So they heartily pray unto God to preserve your most Excellent Majesty To which Representation his Majesty returned this Answer MY Lords and Gentlemen all I might have reason to speak nothing in regard of the person whereof you spake but in regard of your Motion it were not civil For if I be silent I shall wrong neither my self nor that Nobleman which you now spake of because he is well known to be such a one as stands in no need of a Prolocutor or Fidejussor to undertake for his fidelity or well carrying of the business And indeed to send a man upon so great an Errand whom I was not resolved to trust for the carriage thereof were a fault in my discretion scarce compatible to the love and trust I bear him It is an old and true saying That he is a happy man that serves a good Mâ—ster and it is no less truth That he is a happy Master that enjoys a faithful Servant The greatest fault if it be a fault or at leastwise the greatest error I hope he shall ever commit against me was his desiring this Justification from you as if he should have need of any Justification from others towards me and that for these Reasons First Because he being my Disciple and Schollar he may be assured I will trust his own Relation Secondly Because he made the same Relation unto me which he did afterward unto both Houses so as I was formerly acquainted both with the matter and manner thereof And if I should not trust him in the carriage I was altogether unworthâ— of such a Servant He hath no interest of his own in the business he had ill thoughts at home for his going thither with my Son although it was my command as I told you before And now he hath as little thanks for his Relation on the other part Yet he that serveth God and a good Master cannot miscarry for all this I have noted in his Negotiation these three remarkable things Faith Diligence and Discretion whereof my Son hath borne record unto me yet I cannot deny but as he thought to do good service to his Master he hath given ill example to Ambassadors in time to come because he went this long journey upon his own charges This would prove an ill example if many of my Ambassadors should take it for a President He run his head into the yoke with the people here for undertaking the journey and when he there spent above Forty or fifty thousand pounds never offered his accompt nor made any demand for the same or ever will I hope
with Brick which he intendeth onely for the Beauty and more â—afety of the City therefore he will go through with it and if the Commissioners offend herein let the party aggrieved complain and he will redress it that the form of proceedings used by the Commons in this Parliament is also a grievance unto his Majesty for that they did not call the Commissioners whom they complained of before them touching their complaint against Doctor Aynan his Majesty said their oath of Supremacy forbids them to meddle with Church matters besides they complain against him and never heard him Touching their complaint against the Apothecaries his Majesty protested his care therein to be onely for his peoples health it is dangerous for every one to meddle with Apothecaries ware and the Grocers have a Trade beside His fourth grievance is that Seditious Books are so frequently printed which he will be carefull to prevent hereafter Fifthly for calling in so many Patents appointing the Patentees to wait so many days with their Council and never to hear them wherefore his Majesty warned them to call for no more hereafter unless they first knew them to be grievous to the people and so his Majesty concluded with thanks for the Commons good carriage towards him and his Lords this Session Then the Lord Keeper spake to the particulars of the Speakers Speech and by his Majesties command approved them all alluding the general consent of both Houses to the Septuagint directed by the Holy Ghost and touching the Speakers desire for the Kings assent to the Bills past both Houses he said the royal assent is proper to the Lawgiver and shewed that it is best for the people that this is in his Majesties power and not in themselves for the King knoweth what is best to be granted unto his people as may appear by the Petition that Bathsheba made to King Solomon to give unto Adonijah Abishag to wife which had Solomon granted he had given Adonijah means to usurp the Kingdom contrary to Bathsheba's meaning and such is his Majesties intent this day for such Bills which he will not pass That his Majesty had given his consent to all the Bills of Grace and to the Bill of the continuance of some Statutes and repeal of others so necessary and for the good of the people That his Majesty accepteth in good part their thanks for his general Pardon which he hath so freely granted unto his Subjects but his special command is that those that are in Office do look strictly to the execution of Laws against Recusants the Subsidies his Majesties graciously accepteth and therefore imitates not the Story in Macrobius of one who had all his debts paid and instead of thanks answered mihi nihil though this be given to the Palatinate his Majesty interpreteth it as given to himself and rendreth to you all hearty thanks for the same The Lord Keeper having ended his Speech the Clerk of the Crown stood up and read the title of the Bills passed both Houses and the Clerk of the Parliament read his Majesties Answer to each Bill which being done his Majesty remembred the breaking up of three Parliaments together and the happy conclusion of this Session and puts the Commons again in minde that at their next meeting they do so carry themselves that this Parliament may be as happily continued to the end At the Parliament holden at Westminster by Prorogation the Nineteenth day of February Anno Regis Iacobi Angliae Franciae Hiberniae vicesimo primo Scotiae quinquagesimo septimo These Acts were passed 1. AN Act for making perpetual an Act made Anno 39 Eliz. Entituled An Act for the Erecting of Hospitals and Workhouses for the Poor 2. An Act for the quiet of the Subject against Concealments 3. An Act concerning Monopolies and Dispensations with Penal Laws 4. An Act for ease of the Subjects concerning Informations upon Penal Statutes 5. An Act That Sheriffs their Heirs c. having a Quietus est shall be discharged of their Accompts with the Judges opinion therein 6. An Act concerning Women convicted of small Felonies 7. An Act to repress Drunkenness and to restrain the haunting of Inns c. 8. An Act to punish Abuses in procuring Supersedeas of the Peace out of the Courts at Westminster and to prevent the Abuses in procuring Writs of Certiorari out of the said Courts c. 9. An Act for the Free Trade of Welsh Clothes c. in England and Wales 10. An Act to repeal a Branch of the Statute An. 34 H. 8. Entituled An Act for certain Ordinances in the Kings Dominions and Principality of Wale 11. An Act for Confirmation of a Judgment given for his Majesty in a Scire facias against Henry Heron and for Declaration of the Letters Patents therein mentioned to be void 12. An Act to make perpetual the Act for ease in pleading against troublesom Suits prosecuted against Justices of the Peace Mayors c. 13. An Act for the further reformation of Jeofails 14. An Act to admit the Subject to plead the General Issue in Informations of Intrusion brought on the Kings behalf and to retain his Possession till Trial. 15. An Act to enable Judges and Justices to give restitution of Possession in certain cases 16. An Act for Limitation of Actions and for avoiding of Suits in Law 17. An Act against Usury 18. An Act for the Continuance of a former Statute made 4º Iac. Entituled An Act for the true making of Woollen Clothes 19. An Act for the further Description of a Bankrupt and relief of Creditors against such as shall become Bankrupts and for inflicting of Corporal punishment upon them in some Cases 20. An Act to prevent Swearing and Cursing 21. An Act concerning Hostlers and Inholders 22. An Act explaining a Statute An. 3 4 5 E. 6. concerning the Traders of Butter and Cheese 23. An Act to avoid Delaies by removing of Actions out of Inferior Courts 24. An Act for relief of Creditors against such as die in Execution 25. An Act for relief of Patentees Tenants and Farmers of Crown-Lands and Duchy-Lands 26. An Act against such as shall levy any Fine suffer any Recovery knowledge any Statute Recognisance Bail or Judgment in the name of any person not privy thereunto 27. An Act to prevent the murthering of Bastard-children 28. An Act to continue divers Statutes and repeal others 29. An Act to enable Prince Charls to make Leases of Lands parcel of the Duchy of Cornwal or annexed to the same 30. An Act to assure York-House and other Lands to the King and to assure the Manors of Brighton Santon and other Lands to the Archbishop of York c. 31. An Act for the good Government of the Makers of Knives in Hallam-shire in the County of York 32. An Act to make the Thames Navigable from Bercot to Oxon. 33. An Act for the Subsidies of the Clergy 34. An Act for Three Subsidies Three Fifteens and Tenths granted by the
done to Catholicks procure envy to us and thank to themselves then that some of our Countreymen Zealous of the Truth though differing from the Religion which we have suckek from our Infancy should have an honorable occasion of making their abode in the Court of Rome from whom your Holiness may be certainly informed of the state of our Affairs In this regard we recommend unto you the Bishop of Vazion who as he doth impute whatsoever increase of his condition to your Holiness alone so we are earnest Suitors that for our sake especially the honor of a Cardinals Cap may be added to his former advantages By this means the Calumnies of our Enemies will cease when such are present with you who may be able to assert the truth of our doings We do not desire any of our actions should be concealed from just Arbitrators for though we have been bred up in the truth of that Religion which we now profess yet we have always determined that there is nothing better and safer then piously and without ostentation to endeavor the promoting of those things which really belong to the glory of Gods Name and laying aside the goaâ—ds of Envy and applying the warmth and fomentation of Charity diligently to consider what belongeth not to the empty name of Religion but to the holy Symbol of true Piety But because we have discoursed more at large of these things with the bearer hereof a man not unlearned and indifferently well conversant in our Affairs we have thought best to be no more tedious by a long Letter Your Holiness most dutiful Son J. R. From Holy Rood 24 Sept. 1599. SUmma mandatorum Edwardi Drummond Jurisconsulti quem ad Pontificem Maximum Ducem Etruriae Ducem Sabaudiae caeterosque Principes Cardinales ablegamus Salutabis imprimis nostro nomine quà m potes officiosissimè Pontificiem Maximum caeterosque Principes Cardinales datisque nostris literis fiduciariis significabis Capere nos vehementer eum quem decet amoris benevolentiae modum cum iis conservare omnemque removere non suspicionem modo sed suspicionis levissimam quamcunque occasionem Quod quamvis in ea persistimus Religione quam à teneris hausimus annis non tamen ita esse Charitatis expertes quin de Christianis omnibus bene sentiamus modo in officio primum erga Deum Optimum Maximum deinde erga Magistratus quorum subsunt imperio permanserint Nullam nos unquam saevitiam contra quoscunque Catholicos Religionis ergo exercuisse Et quia plurimum interest nostra ut pari diligentia qua malevoli mentiuntur nos per amicos subditos veritatem possimus adstruere idcirco inniteris in hoc totis viribus ut Pontifex Maximus tam rogatu nostro quam precibus Illustrissimorum Principum quos per literas nostras ad hoc rogavimus ad hoc induci possit ut Episcopus Vazionensis in Cardinalium Collegium adsciscatur in quo si profeceris ut de eo redditi fuerimus certiores ulterius progrediemur Cavebis ne in hoc negotio ad Pontificem Maximum aut Illustrissimos Cardinales ulterius progrediaris nisi prius subsit certa spes optati eventus This Letter was conveyed by Edward Drummond the Lawyer whom the King sent to the Pope the Duke of Tuscany the Duke of Savoy and other Princes and Cardinals First You shall most respectively Salute in our Name the Pope and those other Princes and Cardinals and having delivered our Letters of Credence shall signifie That we exceedingly desire to reserve with them the measure of Love and good Will which is sitting to remove not onely all suspition but any thing that may be the cause of Suspition That although we persist in the Religion which we suck'd in from our Infancy yet we are not so void of Charity but to think well of all Christians if so be they continue in their duty first towards God and then towards the Magistrate whose Subjects they are That we never exercised any cruelty against the Catholicks for Religion sake And because it doth very much concern us that we may be able to assert the truth by our Friends and Subjects with the same diligence that slanderers lie therefore you shall endeavor to the utmost to perswade the Pope as well at our entreaty as for the desire of these most Illustrious Princes whom in our Letters we have sollicited in our behalf to make the Bishop of Vazion Cardinal wherein if you be successful as soon as we shall be certified thereof we will proceed further You must be cautelous not to proceed any further in this business either with the Pope or the most Illustrious Cardinals unless there be a certain hope of our wished event The High mighty Monarch Charles by the grace of God King of Great Brittaine France Ireland Defender of the Faith Historical Collections Primo CAROLI ON the same day when King Iames departed this life at Theobalds the Lord President of the Council and the Lord Marshal of England were immediately sent by the Body of the Council to Prince Charles who was then retired to his Chamber to give him notice of his Fathers decease and that they were all there ready to present themselves unto him if his pleasure were to admit them but he being in sadness wished them to forbear their coming till the next morning In the mean time the Privy-Counsellors assembled themselves drew up the form of a Proclamation to proclaim King Charles which was forthwith published at the Court-Gate at Theobalds which being done the King signified his pleasure that the Lord Keeper the Lord Treasurer the Lord President the Lord Chamberlain the Treasurer of the House and the Comptroller should attend him they all came and rendred up their Offices and Places to him which his Majesty presently restored to them again The Privy-Counsellors gave notice to the Lord Major of London that he and all the Aldermen should that day appear in their Robes at Ludgate whither the Lords and others would repair to proclaim King Charles Accordingly the Lords went from Theobalds to the Palace of Whitehall where the Nobility then about London were gathered together At Whitehall-Gate the King was proclaimed by sound of Trumpet all the Nobility Privy-Counsellors and Gentry being on Horse-back went thence and proclaimed the King at Charing-Cross Denmark-house Temple-Bar at the great Conduit in Fleetstreet and thence they rode up to Ludgate where the Lord Major and Aldermen were on Horse-back expecting within the Gates and the Lords and others entered and proclaimed him there and then they rode all to Cheapside-Cross where they proclaimed the King again and the Lords returning thence left order with the Lord Major to go on with the Proclamation in other parts of the City The same day King Charles removed from Theobalds and came to St Iames's in the Evening and the Corps of the deceased King remained at Theobalds
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
sorts of persons might partake of the Publick Joy Prisoners for Debts were set at liberty and Pardon was granted to several Criminals as an earnest of the Kings respect and love to his Sister after this new Alliance The Duke of Buckingham was sent into France to his Christian Majesty to send away the Wife to the King of Great Britain and to be her Convoy He arrived at Paris the 24. of May with the Earl of Montgomery and other English Lords and was lodged in the Palace of the Duke of Chevereux who with his Lady was to conduct the Queen into England there to render her to the King her Husband During the seven days stay which the Duke made at Park the Feastings and Rejoicings were renewed and multiplied Bonfires shining and Canons playing but none did equalize the Feast that was made by the Cardinal of Richelieu The Second of Iune was the time appointed for our Queens departure The King of France sent to the Towns in her way to render her Majesty all due honors as if it were to himself The King of England having notice that the Queen was gone from Amiens sent a Royal Navy to Boloign to transport her the Fleet saluted the Town with a hundred peece of Canon Among other great Ladies the Duchess of Buckingham was sent to kiss the Queens hands as from the King her Husband desiring her to take her own time of coming over with most conveniencie to her own person The 22. of Iune New Stile the Queen imbarqued at Boloign and within Twenty four hours arrived at Dover And as the King was preparing to receive her she sent to his Majesty to desire him not to come till the morrow because she had been somewhat indisposed at Sea She passed that night at Dover and the next day about Ten of the clock the King was there with the Flower of the Nobility and after some Complements past caused every-body to retire and they were half an hour together in the Closet Thence his Majesty conducted the Queen to Canterbury and the same evening the Marriage was there consummated Then the Queen in testimony of her respect and love to the King her Husband made it her first suit as afterwards the King made known That he would not be angry with her for her faults of Ignorance before he had first instructed her to eschew them For that she being young and coming into a strange Country both by her years and ignorance of the Customs of the Nation might commit many Errors And she desired him in such cases to use no Third person but by himself to inform her when he found she did ought amiss The King granted her request and thanked her for it desiring her to use him even as she had desired him to use her which she willingly promised The Knights and Gentlemen of Kent together with the Trained Bands were by Order of the Council commanded to attend and receive the Queen at the most convenient places as she passed in such solemn manner and equipage as beseemed the dignity of his Majesty and the quality of her person Likewise the Magistrates of the Cities and Towns were commanded to attend at her passage in such Formalities as are used in principal and extraordinary Solemnities On the Sixteenth of Iune the King and Queen came both to London Great preparations were made and intended for her Majesties reception but the Plague then increasing those Ceremonies were laid aside A Chappel at Somerset-house was built for the Queen and her Family with Conveniencies thereunto adjoining for Capuchin-Friers who were therein placed and had permission to walk abroad in their Religious habits Thence-forward greater multitudes of Seminary-Priests and Iesuites repaired into England out of Forein parts This Summer the Pestilence raged in London At the entrance of the late King there was a great Plague in the City but this was far greater and the greatest that ever was known in the Nation For which cause a great part of Trinity-Term was adjourned from the First Return to the Fourth by the advice of the Privy-Council and the Justices of the Courts at Westminster and some few days in the beginning and ending thereof were holden for the better expediting and continuing of Causes and Suits and the returning and suing out of Processes and such like business as might be done in the absence of the Parties by their Attornies On the Eighteenth day of Iune the Parliament began at Westminster The King being placed in his Royal Throne the Lords sitting in their Robes the Commons also being present his Majesty spake thus I Thank God that the Business to be treated on at this time is of such a nature that it needs no Eloquence to set it forth For I am neither able to do it neither doth it stand with my Nature to spend much time in words It is no new business being already happily begun by my Father of blessed memory who is with God therefore it needeth no Narrative I hope in God you will go on to maintain it as freely as you advised my Father to it It is true He may seem to some to have been slack to begin so just and so glorious a work but it was his wisdom that made him loth to begin a work until he might find a means to maintain it But after that he saw how much he was abused in the confidence he had with other States and was confirmed by your Advice to run the Course we are in with your Engagement to maintain it I need not press to prove how willingly he took your Advice for the Preparations that are made are better able to declare it then I to speak it The assistance of those in Germany the Fleet that is ready for action with the rest of the Preparations which I have only followed my Father in do sufficiently prove that he entred into this Action My Lords and Gentlemen I hope that you do remember that you were pleased to imploy me to advise my Father to break off those two Treaties that were on foot so that I cannot say that I came hither a free unengaged man It 's true I came into this business willingly and freely like a Young man and consequently rashly but it was by your interest your engagement So that though it were done like a Young man yet I cannot repent me of it and I think none can blame me for it knowing the love and fidelity you have borne to your King having my self likewise some little experience of your affections I pray you remember that this being my first Action and begun by your Advice and intreaty what a great Dishonor it were to you and me if this Action so begun should fail for that Assistance you are able to give me Yet knowing the constancie of your love both to me and this Business I needed not to have said this but only to shew what care and sense I have
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
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-Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
presented to and answered by the King And the Commons the same day resumed the Debate again concerning the Duke and Misgovernment and Misimployment of the Revenue c. Ordered the Duke to have notice again thereof The next day the King sent a Message to the House of Commons That they do to morrow at Nine of the clock attend his Majesty in the Hall at Whitehall and in the mean time all Proceedings in the House and Committee to cease Where his Majesty made this ensuing Speech My Lords and Gentlemen I Have called you hither to day I mean both Houses of Parliament but it is for several and distinct reasons My Lords you of the Upper House to give you thanks for the Care of the State of the Kingdom now and not only for the Care of your own Proceedings but for inciting your Fellow-House of the Commons to take that into their consideration Therefore my Lords I must not only give you thanks but I must also avow that if this Parliament do not redound to the good of this Kingdom which I pray God it may it is not your faults And you Gentlemen of the House of Commons I am sorry that I may not justly give the same thanks to you but that I must tell you that I am come here to shew you your errors and as I may call it Unparliamentary proceedings in this Parliament But I do not despair because you shall see your faults so cleerly by the Lord Keeper that you may so amend your Proceeding that this Parliament shall end comfortably and happily though at the beginning it hath had some rubs Then the Lord Keeper by the Kings command spake next MY Lords and you the Knights Citizens and Burgesses of the House of Commons You are here assembled by his Majesties commandment to receive a Declaration of his Royal pleasure which although it be intended only to the House of Commons yet his Majesty hath thought meet the matter being of great weight and importance it should be delivered in the presence of both Houses and both Houses make one General Council And his Majesty is willing that the Lords should be Witnesses of the Honor and Justice of his Resolutions And therefore the Errand which by his Majesties direction I must deliver hath relation to the House of Commons I must address my self therefore to you Mr. Speaker and the rest of that House And first his Majesty would have you to understand That there was never any King more loving to his People or better affectioned to the right use of Parliaments then his Majesty hath approved himself to be not only by his long patience since the sitting down of this Parliament but by those mild and calm Directions which from time to time that House hath received by Message and Letter and from his Royal mouth when the irregular humors of some particular persons wrought diversions and distractions there to the disturbance of those great and weighty Affairs which the Necessity of the Times the honor and safety of the King and Kingdom called upon And therefore his Majesty doth assure you that when these great Affairs are setled and that his Majesty hath received satisfaction of his reasonable Demands he will as a just King hear and answer your just Grievances which in a dutiful way shall be presented unto him and this his Majesty doth avow Next his Majesty would have you know of a surety That as never any King was more loving to his People nor better affectioned to the right use of Parliaments so never King more jealous of his Honor nor more sensible of the neglect and contempt of his Royal Rights which his Majesty will by no means suffer to be violated by any pretended colour of Parliamentary Liberty wherein his Majesty doth not forget that the Parliament is his Council and therefore ought to have the liberty of a Council but his Majesty understands the difference betwixt Council and Controlling and between Liberty and the Abuse of Liberty This being set down in general his Majesty hath commanded me to relate some particular passages and proceedings whereat he finds himself agrieved First Whereas a seditious speech was uttered amongst you by Mr. Cook the House did not as they ought to do censure and correct him And when his Majesty understanding it did by a Message by Mr. Chancellor of the Exchequer delivered to the House require Justice of you his Majesty hath since found nothing but protracting and delaies This his Majesty holds not agreeable to the wisdom and the duty which he expected from the House of Commons Secondly Whereas Doctor Turner in a strange Unparliamentary way without any ground of knowledge in himself or offering any particular proof to the House did take upon him to advise the House to enquire upon sundry Articles against the Duke of Buckingham as he pretended but in truth to wound the Honor and Government of his Majesty and of his renowned Father And his Majesty first by a Message and after by his own Royal mouth did declare That that Course of Enquiry was an Example which by no way he could suffer though it were against his meanest Servant much less against one so neer him and that his Majesty did much wonder at the foolish insolencie of any man that can think that his Majesty should be drawn out of any end to offer such a Sacrifice so unworthy of a King or a good Master Yet for all this you have been so far from correcting the Insolencie of Turner that ever since that time your Committees have walked in the steps of Turner and proceeded in an Unparliamentary Inquisition running upon generals and repeating that whereof you have made Fame the groundwork Here his Majesty hath cause to be exceeding sensible that upon every particular he finds the Honor of his Father stained and blemished and his own no less and withal you have manifested a great forwardness rather to pluck out of his bosom those who are neer about him and whom his Majesty hath cause to affect then to trust his Majesty with the future reformation of these things which you seem to aim at And yet you cannot deny but his Majesty hath wrought a greater Reformation in matters of Religion Execution of the Laws and concerning things of great importance then the shortness of his Reign in which he hath been hindred partly through sickness and the distraction of things which we could have wished had been otherwise could produce Concerning the Duke of Buckingham his Majesty hath commanded me to tell you That himself doth better know then any man living the sincerity of the Dukes proceedings with what cautions of weight and discretion he hath been guided in his publick Imployments from his Majesty and his blessed Father what Enemies he hath procured at home and abroad what peril of his person and hazard of his estate he ran into for the service of his Majesty and his ever blessed Father and how
had good intelligence that the King of Spains eye was malitiously bent this way which had been pursued accordingly if the employment of the Low-Countrymen to the Bay of Todos los Santos had not diverted it Now for the Counsel which was used for sending out the Fleets I will refer you to the Relation of the Lord Conway who as well in this as other Resolutions can tell you That nothing was carried with single Councils And for my self I know that in all those actions no man can stand up against me to say that I ever did go with single Councils or made breach of any but have been an obedient Servant and Minister unto their Resolutions The proof whereof will appear in a Journal thereof which my Lord Conway keeps I confess all Councils were not ever as your selves would nor have wished they should if you had known them as my Master did in whom the former Affairs of State had bred such affections that the business being altered they were not to be trusted with the Change I will now give you an accompt of all my Negotiations since my being at Oxford both at home and abroad and because there it was charged that those things were carried with single Counsels I was more careful to advise the King to have his Counsel with him in the Country being to enter into War with an Active King And for my part I did diligently wait on the Council left all Recreations all personal occasions studying to serve my Master and to gain the good opinion of both Houses The Council of Woodstock generally advised the going out of the Fleet. And though it were objected that the Season were not fit yet the action shewed the contrary for they all arived in safety And for what was also objected that the Provision was not good experience tells you the contrary for the preparations were all good in quality and proportion And if the Success were not such as any honest man could wish I hope I shall not be blamed being not there in person though I made the greatest suit for it to my Master that ever I did for any thing But his Majesty thought my Service more useful in the Low-Countreys to comfort his Sister and to treat with the Kings oâ— Denmark Sweden and the States And though the Success as I said of the Fleet were not answerable to the desires of honest men yet it had these good effects first It put our Enemy to great charge in fortifying his Coasts secondly They took so many Ships as caused many of his Merchants to break whereby the Army in Flanders suffered much And lastly They could carry no Treasure out to pay their Forces in Flanders And for Omissions of what more might have been done I leave that to its proper place and time and let every man bear his own burden From Oxford the Council went to Southampton where the States Ambassadors did wait often on the King and Council and a League Offensive and Defensive betwixt us and them was thought fit to be resolved on whereof some Reasons I will express but not all First They are of our own Religion secondly They are our near Neighbors for situation so useful as when they are in distress it is policy in us to give them relief therefore the King thought fit to do it in such manner as might lay an Obligation on them which if it had not been done they had been pressed with a long War and such a Faction among themselves as if the King had not joyned and in a manner appeared their Protector they had broke among themselves And in this the Kings care was not onely of them but of all Christendom and of his own particular For as before he onely assisted them his Majesties care now used Arguments to draw them to Contribution so that they bear the fourth part of the charge of the War at Sea according to such Conditions as by the Lord Chamberlain you have heard This League being perfected betwixt the States and us his Majesty by Advice of his Council thought fit to send me to get such a League with the other Princes as I could The Rendezvous was in the Low-Countreys being in a manner the Centre for repair for England France and Germany I had Latitude of Commission to make the League with most advantage I could Now I had discovered from Monsieur B. The French Ambassador here that a League Offensive and Defensive would be refused and I found the King of Denmark shie and loth to enter into such a League against the King of Spain and so partly out of Necessity and partly out of Reason of State I was forced to conclude the League in general Terms for the restoring of the Liberty of Germany without naming the King of Spain or the Emperor that other Princes might come in and this to continue till every one had satisfaction and nothing to be treated of debated or concluded on but by consent of all parties It did appear that the Charge was so great that the Kingdom could not endure it and therefore I endeavored in the Low-Countreys to lessen it and so the Sea charge was helped and the Land assistance given unto them is to cease Six moneths hence which the Lord Conway said was to end in September next Also by this Treaty it is conditioned with the King of Denmark That when my Master shall by Diversion equal to this Contribution with his own Subjects enter into an Action then this Charge to cease Or if the King of France may be drawn in of which there is great hope though he hath now made peace in Italy for that the policy of France may not give way unto the greatness of the House of Austria and ambition of Spain whose Dominions do grasp him in on every side And if the business be well carried his Engagement to the King of Denmark may draw him in so there is great possibility of easing our Charge But all is in the discreet taking of the time for it not we may think the King of Denmark will take hold of those fair Conditions which are each day offered him and then the Enemies Army will fall upon the River of Elve and the Lord Conway added upon East-Friezland from whence they would make such progress as in my poor experience would ruine the Low-Countreys And thus I think I have satisfied all of you or at least given an account of my Negotiation in the Low-Countreys with the King of Denmark Sweden and the rest I should be glad before I end to say somewhat of my self but I shall request your favorable construction for I have been too long already but I fear I shall offend and therefore I will restrain my self to generals If in any of these employments my Errors may be shewed me I shall take him for my best friend that will manifest them in particulars I have bent all my thoughts on nothing but my Masters Honor the Service
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
engaged The Earl told the Gentleman That to condescend to any such Course were jointly to confess himself faulty in some kind which he would not do for any respect in the world and let him know the great wrong that the Duke had already done him and therefore it would be more honorable for him to procure him some reparation then to press him further Moreover not by way of message but by way of information of the said Mr. Clark he let him know how fit it were for the Duke not to press these things who could not but be conscious of his own Faults and knew his Innocencie and withall shewed him a Paper that he had made ready for the King containing the Particulars wherein the Duke had disparaged him Mr. Clark making the Duke acquainted herewith the Duke wrote a Letter the next day to the Earl bearing date 7 Iulii telling him That he had willingly intended the accommodation of his affairs but by what he had now said to Mr. Clark he was disobliged unless he should be pleased to relent it Whereupon the Earl answered with that directness he thought befitting him in point of Honor. The Course of Mediation was interrupted and the Duke so far incensed that he swore he would have him questioned for his life In the interim which the Earl desired might be known to the Lords His late Majesty was so far from thinking him a Delinquent or any way dishonest that he was often heard to say and swear That he held him an honest man and that he would answer for him that he had neither committed Felony nor Treason And this divers are ready to depose The which he well confirmed for that he gave general leave to all Gentlemen of the Court Privy-Counsellors and to his Secretary of State to have free access unto him yea even so far as to admit of Visits and Entercourses with Spanish Ambassadors and the Padre Maestre as is best known to my Lord Conway by whose Letter he received his Majesties leave in that particular Then he resumed the state of his business where he left it which was in the hands of the Commissioners and they were to frame Interrogatories for him the which although he had promised should be sent him within a few days yet such art was used that six or seven weeks were spent in the framing of them to the end that his Majesties Progress beginning there might be no means for the further clearing of the business And so supposing that for the answering of the Twenty Interrogatories of so high a nature the Earl would take some time they caused the said Interrogatories to be delivered unto him within a few days before the beginning of the Progress but he used so much diligence that he made ready to answer in persona though it were in the nature of a Delinquent Unto which his Majesty answered most graciously That out of his favor and for that he would not do him wrong he would not admit of it but that he should send his Answer and he would instantly put an end to his businesses as will appear by Letters Hereupon the Duke was put into a great strait how to keep him any longer from his Majesty but desired that only a few Questions more might be asked of him which the King upon great urging and instance condescended unto so that the Questions might be presently sent him But herein were such Artifices used that the bringing of any was delayed until the King had begun his Progress and then within a day or two the Lord Conway sent him word That he had Order indeed for the sending of him some more Questions but out of his affection to him he forbore the sending of them unless he should press for them Whereupon the Earl instantly wrote unto him that they might be sent unto him My Lord Conway made him answer by his Letter That he wished rather the course of Mediation might be pursued for that would but further exasperate but if he would needs have the Questions they should be sent to him Whereupon he sent to sollicit his Lordship for them with all earnestness insomuch as to petition his late Majesty twice that the said Questions might be sent But when the turn was served of keeping him from the Kings presence the said Questions were never more heard of until this day So likewise the Earl having sent his Answer to all the Commissioners who most of them made not nice to declare that they were fully satisfied and when it was perceived that the Commissioners would certainly clear him and that he thereby should be restored unto his Majesties favor they were never more permitted to meet A proceeding which as he conceived their Lordships would think hardly to be parallel'd that a Commission should be appointed to condemn if there had been cause but not to clear After the Progress was ended he began again to sollicit his Majesty and wrote particularly unto the Duke of Buckingham Whereupon the Duke was pleased to send four or five Propositions which he desired he should acknowledge the which Propositions contained nothing but what had been already propounded and satisfied in the former Interrogatories And if he would make his acknowledgment he then promised to imploy his force and power with the King and Prince that he should be admitted to kiss their hands and be received into their gracious favor but otherwise in a menacing sort That he should lay his hands upon his breast and so that would be the best for him And in the preface of the said Propositions he writeth in these words which follow It is an assertion not granted that the Earl of Bristol by his Answer had satisfied either the King the Prince or me of his Innocencie A presumptuous commination for any Subject But these Propositions were so unjust that he wrote unto the Duke that in stead of an Acknowledgment he had sent him an Answer unto them unto which if either himself or any man living was able to reply he would submit himself to any thing that should be demanded But this no way satisfied the Duke although it did his late Majesty who in the Dukes presence said I were to be accounted a Tyrant to enjoin an Innocent man to confess faults of which he was not guilty And thereupon sent him word That he should make his Answer but acknowledge nothing he was not faulty in And although he received this Message from the Kings own mouth as will be deposed yet the Duke at the same time wrote unto him That the conclusion of all that had been treated with his Majesty was That he should make the Acknowledgment in such manner as was set down in this paper And at this time likewise it was that his Majesty sent him word That he would hear him concerning the Duke of Buckingham as well as he had heard the Duke concerning him And this was not long before his Majesties sickness And in the interim as
King nor any other but with that express Clause and Condition That he should be bred in his own Religion and have such Tutors and Servants as his Father should appoint XI That the Lord Conway hath been the cause of all the Earl of Bristol's Troubles by his dubious and intrapping Dispatches and inâ—erring That the said Earl hath failed in his Directions when it shall be made appear that his Dispatches contained no such Directions as he hath alledged were given The House not being satisfied to commit the Earl to the Tower let him remain where he was before with the Gentleman Usher and further ordered That the Kings Charge against the Earl of Bristol be first heard and then the Charge of the said Earl against the Duke yet so that the Earls Testimony against the Duke be not prevented prejudiced or impeached The day following the Lord Keeper delivered a Message from the King to the House of Lords THat his Majesty taketh notice of the Articles exhibited against the Duke of Buckingham by the Earl of Bristol and he observeth that many of them are such as himself is able to say more of his own knowledge then any man for the Dukes sincere carriage in them That one of them touching the Narrative made in Parliament in the One and twentieth of King Iames trencheth as far upon himself as the Duke for that his Majesty went as far as the Duke in that Declaration and that all of them have been closed in the Earls own breast now for these two years contrary to his Duty if he had known any crime of that nature by the Duke and now he vents it by way of recrimination against the Duke whom he knows to be a principal Witness to prove his Majesties Charge And therefore That his Majesty gave them thanks that they gave no way to the Earl of Bristol's unreasonable motion of putting the Duke under the same restraint that they had put the Earl thereby eschewing what the Earl aimeth at to alter their dutifull Procedings toward his Majesty That thereby they had made his Majesty confident that as they have so they will put a difference between his Majesties Charge against one that appeareth as a Delinquent and the recrimination of the Earl of Bristol against his Majesties Witness and they will not equal them by a proceeding Pari Passu At this time there was an endeavor to take the Earls Cause out of the House and to proceed by way of Indictment in the Kings-Bench To which manner of proceeding why the Lords should not give way these ensuing Reasons were offered to consideration I. IT was ordered That in all Causes of moment the Defendants shall have Copies of all Depositions both pro and contra after publication in convenient time before hearing to prepare themselves and if the Defendants will demand that of the House in due time they shall have their learned Council to assist them in their defence And their Lordships declared That they did give their assents thereto because in all Cases as well Civil as Criminal and Capital they hold That all lawfull help could not before just Judges make one that is guilty avoid Justice and on the other side God defend that an Innocent should be condemned II. The Earl of Bristol by his Petition to the House complained of his restraint desiring to be heard here as well in points of his wrongs as in his accusations against the Duke whereof his Majesty taking consideration signified his pleasure by the Lord Keeper April the 20 That his Majesty was resolved to put his Cause upon the honor and justice of this House and that his pleasure was that the said Earl should be sent for as a Delinquent to answer the offences he committed in his Negotiation before his Majesties going into Spain whilest his Majesty was there and since his coming thence and that his Majesty would cause these things to be charged against him in this House so as the House is fully possessed of the Cause as well by the Earls Petition as by the Kings assent and the Earl brought up to the House as a Delinquent to answer his offences there and Mr. Attorney hath accordingly delivered the Charge against him in the House and the Earl also his Charge against the Duke And now if he be proceeded withal by way of Indictment in the Kings-Bench these dangerous inconveniences will follow viz. 1. He can have no Counsel 2. He can use no Witness against the King 3. He cannot know what the Evidences against him will be in a convenient time to prepare for his Defence and so the Innocent may be condemned which may be the Case of any Peer 4. The Liberties of the House will be thereby infrigned the Honor and Justice thereof declined contrary to the Kings pleasure expresly signified by the Lord Keeper All these things are expresly against the Order 5. The Earl being indicted it will not be in the power of the House to keep him from Arraignment and so he may be disabled to make good his Charge against the Duke Therefore the way to proceed according to the Directions and true meaning of the Order and the Kings pleasure already signified and preserve the Liberties of the House and protect one from injury will be First To have the Charge delivered into the House in writing and the Earl to set down his Answer to it in writing and that the Witnesses may be examined and Evidences on both sides heard by such course and manner of proceedings as shall be thought fit by the House and if upon full hearing the House shall finde it to be Treason then to proceed by way of Indictment if doubtfull in point of Law to have the opinion of the Judges to clear it if doutfull in matter of Fact then to refer it to a regal Fait And the rather for that 1. It appears that the Earl in the space of two years till now he complained hath not been so much as questioned for matter of Treason 2. He hath been examined upon twenty Interrogatories and the Commissioners satisfie that his Answer would admit of no Reply 3. The Lord Conway by several Letters hath intimated That there was nothing against him but what was pardoned by the Parliament Pardon of 21 Iac. And signified his Majesties pleasure That he might rest in that security he was and sit still His Majesty hath often declared both to the Countess of Bristol and others That there was neither Fellony nor Treason against him nor ought else but what a small acknowledgment would expiate Some Cases happened in Parliament 1 2 Caroli wherein the Judges opinions were had viz. THis Question was put to all the Justices Whether a Peer impeached for Treason shall be tried in Parliament And the chief Justice in the name of all the Justices delivered his opinion that the course by Law was Indictment and this to be signified in Parliament before the Lord Steward vide 10
Wales and for the Office of General-Governor of the Seas and Ships of the said Kingdoms and for the Surrender of the said Offices then made to the said King by the said Earl of Nottingham being then Great Admiral of the said Kingdoms and Principality and General-Governor of the Seas and Ships to the intent the said Duke might obtain the said Offices to his own use the sum of Three thousand pounds of lawful Money of England and did also about the same time procure from the said King a further Reward for the Surrender of the said Office to the said Earl of an Annuity of One thousand pounds by the year for and during the life of the said Earl and by the procurement of the said Duke the said late King of Famous memory did by his Letters Patents dated the Seven and twentieth of Ianuary in the said year of his Reign under the Great Seal of England grant to the said Earl the said Annuity which he the said Earl accordingly had and enjoyed during his life and by reason of the said sum of Money so as aforesaid paid by the said Duke And of his the said Dukes procurement of the said Annuity the said Earl of Nottingham did in the same Moneth surrender unto the said late King his said Offices and his Patents of them and thereupon and by reason of the premisses the said Offices were obtained by the Duke for his life from the said King of Famous Memory by Letters Patents made to the said Duke of the same Offices under the Great Seal of England dated the Eight and twentieth day of Ianuary in the said Sixteenth year of the said late King And the said Offices of Great Admiral and Governor as aforesaid are Offices that highly touch and concern the Administration and Execution of Justice within the provision of the said Laws and Statutes of this Kingdom which notwithstanding the said Duke hath unlawfully ever since the first unlawful obtaining of the said Grant of the said Offices retained them in his hands and exercised them against the Laws and Statutes aforesaid III. The said Duke did likewise in or about the beginning of the Moneth of December in the Two and twentieth year of the said late King Iames of Famous memory give and pay unto the Right Honorable Edward late Lord Zouch Lord Warden of the Cinque Ports and of the Members thereof and Constable of the Castle of Dover for the said Offices and for the Surrender of the said Offices of Lord Warden of the Cinque Ports and Constable of the said Castle of Dover to be made to the said late King of Famous memory the sum of One thousand pounds of lawful Money of England and then also granted an Annuity of Five hundred pounds yearly to the said Lord Zouch for the life of the said Lord Zouch to the intent that he the said Duke might thereby obtain the said Offices to his own use And for and by reason of the said sum of Money so paid by the said Duke and of the said Annuity so granted to the said Edward Lord Zouch he the said Lord Zouch the Fourth day of December in the year aforesaid did surrender his said Offices and his Letters Patents of them to the said late King And thereupon and by reason of the premisses he the said Duke obtained the said Offices for his life from the said late King by his Letters Patents under the Great Seal of England dated the Sixth day of December in the said Two and twentieth year And the said Office of Lord Warden of the Cinque Ports and of the Members thereof is an Office that doth highly touch and concern Administration and Execution of justice and the said Office of Constable of the Castle of Dover is an Office that highly concerneth the keeping and defence of the Town and Port and of the said Castle of Dover which is and hath ever been appointed for a most eminent place of strength and defence of this Kingdom which notwithstanding the said Duke hath unlawfully ever since this first unlawful obtaining of the said Office retained them in his hands and exercised them against the Laws and Statutes aforesaid These Three Articles were discoursed upon by Mr. Herbert and touching Plurality of Offices he observed That in that vast power of the Duke a young unexperienced man there is an unfortunate complication of Danger and Mischeif to the State as having too much ability if he be false to do harm and ruine the Kingdom and if he be faithful and never so industrious yet divided amongst so many great places whereof every one would employ the industry of an able and provident man there must needs be in him an insufficiency of performance or rather an impossibility especially considering his necessary attendance likewise upon his Court places To the Second and Third namely The buying the Office of Admiralty and Cinque-Ports both which he comprised in one he said That to set a price upon the Walls and Gates of the Kingdom is a Crime which requires rather a speedy remedy than an aggravation and is against the express Law of 5 Edw. 6. upon this foundation That the buying of such places doth necessarily introduce corrupt and insufficient Officers And in the Parliament of 12 Edw. 4. it is declared by the whole Assembly That they who buy those places these are the express words binde themselves to be Extortioners and Offenders as if they pretended it warrantable or as if they did lay an Obligation upon themselves to sell again And though the buying of such places be not against any particular Law enjoyning a penalty for them the breach whereof is a particular Offence yet as far as they subvert the good and welfare and safety of the people so far they are against the highest Law and assume the nature of the highest Offences IV. Whereas the said Duke by reason of his said Offices of Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of Admiral of the Cinque Ports and General Governor of the Seas and Ships of the said Kingdoms and by reason of the trust thereunto belonging ought at all times since the said Offices obtained to have safely guarded kept and preserved the said Seas and the Dominion of them and ought also whensoever there wanted either Men Ships Munition or other strength whatsoever that might conduce to the better safeguard of them to have used from time to time his utmost endeavor for the supply of such wants to the Right Honorable the Lords and others of the Privy Council and by procuring such supply from his Soveraign or otherwise He the said Duke hath ever since the dissolution of the two Treaties mentioned in the Act of Subsidies of the One and twentieth year of the late King Iames of Famous memory that is to say the space of Two years last past neglected the just performance of his said Office and Duty
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
near Ormus and in other parts within the jurisdiction of the Admiralty was come into the Possessions of the Treasurers of the East-India Company and remained in their hands and prayed it might be attached and the said Treasurers be monished to appear the Wednesday then next following and there to bring in the 150000 l. to remain in Deposit with the Register of that Court. The same Tenth of March a Warrant issued forth accordingly directed to the Marshal of the said Court and upon the said next Wednesday the Seventeenth of March the same Warrant was returned by the said Marshal That the day before he had attached the said Moneys in the hands of Mr. Stone then present in the Court and had admonished him and Mr. Abbot the Deputy-Governor of that Company and divers others then present to bring in the same into Court Upon the same Wednesday also it was prayed by the Kings Advocate That Mr. Stone and all that had an interest in this money might be pronounced as in Contumacy and therefore be arrested and detained until 150000 l. were brought into the Register Hereupon Sentence of Contumacy was pronounced but the payment thereof was respited until Friday following Upon which Seventeenth of March this Sentence being pronounced Mr. Stone Mr. Abdy and others Officers of the said Company then present informed how the Governor was lately dead and buried but the day before and that upon Wednesday then next following they had appointed a Court for Election of a new Governor and until then they could resolve of nothing and therefore desired further respite The Advocate nothing relenting at this reasonable excuse and desire of the Company did again earnestly press their Imprisonment but the Judge took time to consider of it The Company finding by these extraordinary and extream courses the drift of the Duke whose greatness and power seemed unresistable and his minde implacable without satisfaction to his own content and withal observing what a streight they were cast into by reason of the stay of their Ships which if it were much longer they must needs lose their Voyage utterly for this year and the very unloading of them would endamage them to the value of the sum extorted And being told that the Eye of the State was upon this business and that it would light heavy upon them and hearing the Duke protest their Ships should not go unless they compounded with him and finding that he made difficulty of releasing their Ships by saying The Parliament must be moved before they could be discharged albeit the wind were now fair for them And making overture of some resonable grounds of composition by offering to grant Letters of Mart to the said Company for the future against the Subjects of the King of Spain while yet the Peace and Treaty between his late Majesty and the King of Spain were not broken or dissolved The said Company being intangled by the Dukes subtilty and overcome at last by the terror of his power and greatness was drawn to make offer of Six thousand pounds to the said Duke which was rejected as a base offer And now the time pressing them on very hard some consultations were had amongst them Whether it were better for them to make use of a clause in their Patent allowing them three years to draw home their Estates and so to let their Company die and be dissolved or else to yeild to the Dukes desire Yet in conclusion they were drawn in to offer him Ten thousand pounds for their peace if it could serve which offer was made unto him accordingly but at first he would not accept it howbeit about the Three and twentieth of March 1623. they agreed to give him the said Ten thousand pounds which he accepted and forthwith moving the Lords of Parliament or acquainting them therewith he retracted their Ships and gave them leave to depart on their Voyage which they accordingly did setting sail the Seven and twentieth day of the same moneth from the Downs And afterwards upon the Fifth of April 1624. the Duke signified unto the Lords House of Parliament That his Majesty at the humble Petition of the East-India Company had commanded him to discharge the East-Indian Ships which he had once stayed according to the order of this House made the First day of March then last past and moved That the said Order might be countermanded and thereupon it was ordered that the Clerk of that House should cross the said Order of the First of March out of his Book which was done accordingly and afterwards the said Ten thousand pounds was paid unto the said Duke which he received and accepted accordingly And upon the Eight and twentieth of April aforesaid suffered a colourable Sentence in the Admiralty to be given against him for their discharge in such sort as by the same Sentence appeareth And for a colour he sealed and delivered unto the said Company a Deed of Acquittance or Release of the said Ten thousand pounds and of all his pretended rights against them as by the Deed thereof also appeareth And whereas it may be imagined by some misconceit that out of this an Aspersion may be laid upon his late Majesty in regard the Duke was pleased to say in the Conference between both Houses 18 March last That the said King had Ten thousand pounds of the said Company by occasion of this business The House of Commons have been very careful in their proceedings in this as in all other things they have and ever shall be to do nothing which may reflect upon the Honor of their Kings And in this particular by that which hath been here at first declared of the manner and occasion of the said Goods and Moneys taken from the said Portugals and receiving the same as aforesaid while the said Peace was continuing and the said Treaties indissolved it appeareth that it had not been safe for the said Company to stand out a Suit concerning that business wherein they might have need of his Majesties Mercy and Pardon but it was both safe and good for them to give Ten thousand pounds and it well stood with his late Majesties Honor for that sum to grant them a Pardon which he did to their great contentment and satisfaction and yet we finde that this Ten thousand pounds also was paid into the hands of Mr. Oliver the Dukes servant but finde not any Record by which it doth appear unto us that ever it came unto his late Majesties use And it is observable in this case That the oppression fell upon the same Company shortly after the great affliction which hapned unto some of them at Amboyna in the East-Indies by means of the Dutch which might have moved a Noble minde rather to pitty then punish the Company after such a Distress so lately suffered Having now finished the Narrative part belonging to this Charge I shall observe unto your Lordships upon the whole matter the nature of the Dukes offences by this Article
the King of great Britain in conformity of the Contract formerly passed between d' Effiat and them 2. That they should consent and agree in consideration of the assurance given them by the Ambassadors to the Articles of March 25. 1625. whereby the French King should be made Master of the said ships by indifferent Inventory that then they should by him be warranted against all hazards of Sea-fight and if they miscarried then the value thereof to be paid by the French King who would also confirm this new Proposition within fifteen dayes after the ships should be delivered to his use by good caution in London 3. That if the French King would take any men out of the said ships he might but without any diminution of freight for or in respect thereof The said Iames Moyer having gotten the French Instrument interpreted answered 1. they would not go to serve against Rochel 2. nor send their ships without good warrant for their going and 3. not without sufficient security to their liking for payment of their freight and reddition of their ships or the value thereof for the Ambassadors security was by them taken not to be sufficient and they protested against it and utterly refused this peraffetted Instrument Here also Sir Iohn Epsley and Sir Thomas Love disswaded the Duke from this enterprise telling him he could not justifie nor answer the delivery of the ships to the French The Lord Duke being at Rochester and there acquainted with all these proceedings commanded the said Moyer and the rest before these Ambassadors that they should obey the Lord Conways Letter and return to Diep to serve the French and that so was our Kings pleasure howbeit herein his Majesties pleasure appeared not but the contrary yet privately at the same time the Duke told them that the security offered or formerly given by the Ambassador was insufficient and that though they went to Diep yet they might and should there keep their ships in their own power till they had made their own conditions to their own liking Iuly 16. 1625. The Duke of Chevereux and Monsieur Villocleox finding that they could not accomplish their designs at Rochester but they must be fain to defer the getting thereof till the coming of the ships back again to Diep where it was thought that better opportunity and more advantage for their ends would be had did to that purpose make and ordain the Marquis d' Effiat their Deputy to contract with the Captains and Masters of the English ships for the French Kings service as effectually as themselves might do thereby transferring their power in that behalf to the said d' Effiat who intended to go over to Diep forthwith about this business The Duke of Buckingham having thus the second time dealt with the Captains and Masters to go to Diep and armed and prepared d' Effiat how and in what manner there to circumvent them sent over to Diep privately and underhand his Secretary Mr Edward Nicholas together with d' Effiat Mr Nicholas at and before the going over had Instructions from the Duke by word to see the execution of the Kings pleasure signified by the Letter from my Lord Conway and to procure the Captains and Masters of the said Merchants ships to deliver over their ships into the hands of the French upon the security peraffetted at Rochester by the three French Ambassadors and by them delivered to the Duke of Buckingham who committed the same to the said Mr Nicholas as the security which in that behalf he was to take and accept Mr Nicholas according to those Instructions went to Diep with d' Effiat and was there very urgent to get the ships delivered to the French according to the said Instructions at their coming over to Diep d' Effiat entred a Suit and Protest against our Captains and Masters and their original Articles the better to enforce them to perform the same without respect to the Dukes verbal pretences or Allegations made to the Captains and Masters at Rochester and in other places formerly to the contrary The Captains and Masters came over again to Diep about Iuly 20. where they found themselves in a strait by reason of the said Protest there entred against them the Dukes instructions by word being too weak to exempt them from obtaining their Contract under their Hands and Seals also Mr Nicholas using the Kings name with threatning words was there very earnest from day to day and very vehemently pressed them to deliver over their ships before security given to their content contrary to the former Proposition viz. the Lord Dukes word to them at Rochester which they refusing to yeild unto Advertisement thereof was speedily sent to the Duke of Buckingham and to his Agents into England and Mr Nicholas continued still at Diep about his former Negotiation Iuly 27. 1625. Sir Ferdinando Gorge Anth. Touching James Moyer Henry Lewen Tho. Davies Jasp. Dard and Iames Davies as owners and Captains of the said seven English ships hired for the French did express in writing that they held it fit they should not quit ships their till they had made their own reasonable conditions and were freed from the questions and troubles they were in and in particular 1. They prayed to be free of the said Protest that they might the better treat of their affairs 2. If the the French King would have delivery of their ships into his power and possession that then they might have security by money deposited in London without Revocation for satisfaction of their ships the former security by Merchants being insufficient and a stop already made of their pay which upon that security they know not how to come by 3. Because their ships being Fortresses of this Kingdom and the delivery of them over into the hands of a Forein Prince without good warrant concerneth even their very lives that they might have a warrant in that behalf under the Great-Seal of England before they should be bound to deliver them over 4. To be free of their bonds entred into for not selling their Ordnance and also free of punishment in that behalf and they shewed how they were more cautious herein for that Commissioners drew the first Articles which were now wholly broken and these Articles were to be done by themselves And this writing they sent from their ships by one Mr Basset Cole to present on shore to the Marquis d' Effiat at Diep appointing the said Mr Cole to treat for a speedy conclusion according to these Articles who treated accordingly And the said Marquis to induce him to yield to his demands shewed a Letter in French signed by the Duke of Buckingham whereby the Duke promised his endeavors to get the Marquis's turn served touching these ships The next day viz. 28 Iuly 1625. Mr Nicholas came aboard the Neptune and declared in writing under his hand how and why he was sent over by the Duke of Buckingham as before and craved the Captain and Masters
Scotland and Ireland and they will tell you Sejanus pride was so excessive as Tacitus saith he neglected all Councel mixed his businesses and service with the Prince seeming to confound their Actions and was often stiled Imperatoris laborum socius How lately and how often hath this Man commixed his Actions in Discourses with ACtions of the Kings My Lords I have done you see the Man onely this which was conceived by the Knights Citizens and Burgesses should be boldly by me spoken That by him came all these evils in him we finde the Cause and on him we expect the Remedies and to this we met your Lordships in Conference to which as your Wisdom invites us so we cannot doubt but in your Lordships Wisdom Greatness and Power we shall in due time finde Judgment as he deserves I conclude by presenting to your Lordships the particular Censure of the Bishop of Ely reported in the 11 Rich. 1. and to give you a short view of his faults He was first of all noted to be Luxurious secondly He married his own Kinred to Personages of highest rank and places thirdly No mans business was done without his help fourthly He would not suffer the Kings Council to advise in Matters of State fifthly He grew to such a height of Pride that no man was thought worthy to speak unto him and lastly His Castles and Forts of Trust he did obscuris ignotis hominibus tradere his doom was this Per totam insulam publicè proclamatur periat qui perdere cuncta festinat opprimatur ne omnes opprimat Sir Dudley Diggs having made the Prologuâ— and Sir Iohn Elliot the Epilogue in the Impeachment of the Duke they were both by the Kings Command committed to the Tower Upon the Impeachment of the Duke a Paper was privately conveyed to the King importing THat this great opposition against the Duke was stirred up and maintained by such as seek the destruction of this free Monarchy Because they finde it not yet ripe to attempt against the King himself they endeavor it through the sides of the Duke The persons agreeing in this one mischeif are of divers sorts and humors First Medling and busie persons who love popular Speeches Secondly Govetous Landlords Inclosers Depopulators c. who being of the Parliament ease themselves in Subsidies and lay it on the true Commons and cry out the grievances are caused by the Duke Thirdly Recusants who hate the Duke for the breach of the Spanish Match Fourthly Persons indebted who by priviledge of Parliament avoid payment Fifthly Puritans and Sectaries though two of them scarcely agree in what they would have Haters of Government and would have the Kings power extinguished in matters Ecclesiastical and limited in Civil Sixtly Male-contents who look upon the Duke with an evil eye because themselves are not preferred Seventhly Lawyers who are very fit in Parliaments to second any Complaint against â—oth Church and King and all his Servants with their Customs Antiquities Records Statutes Presidents and Stories Eighthly Merchants and Citizens who deceive the King of Custom Ninethly Innovators Plebicolae That since the time of Henry the Sixth these Parliamentary discoursings might never be suffered as being but certain symptomes of Subsequent Rebellions Civil Wars and the dethroning of our King and no one Patriot daring to oppose them least he incur the reputation of a Fool or Coward in his Countreys Cause His Majesty therefore strengthned himself ever with some Favorite as whom he might better trust then many of the Nobility tainted with this desire of Oligarchy It behoveth without doubt his Majesty to uphold the Duke against them who if he be but decourted it will be the Corner Stone on which the demolishing of his Monarchy will be builded For if they prevail with this they have hatched a thousand other demands to pull the Feathers of Royalty They will appoint him Counsellors Servants Alliances Limits of Expences and accompt of his Revenue cheifly if they can they will now dazle him in the beginning of his raign Lastly King James and King Charls are the Dukes Accusers in all the Aspersions that are laid upon him King James for the Money destined for the Wars in his time spent in Treaties c. And his Majesty can testifie for the things done in his time And all these though actions of the King are imputed to the Duke Who if he suffer for obeying his Soveraign the next attempt will be to call the King to accompt for any thing he undertakes which doth not prosperously succeed as all men would desire it If it please his Majesty to remove and set aside all these disadvantages he shall find the Charge against the Duke very empty and of small moment And if his Majesty and the Dukes Grace think it no impeachment to their Honors all that the Parliament hath objected against the Duke except two or three things that may receive an Answer is pardoned at the Kings Coronation which benefit every poor Subject enjoyeth May 11. The King came to the Parliament and spake to the House of Peers as followeth My Lords THe cause and onely cause of my coming to you this day is to express the sense I have of all your Honors for he that toucheth any of you toucheth me in a very great measure I have thought fit to take order for the punishing some insolent speeches lately spoken I have been too remiss heretofore in punishing such speeches as concern my self Not that I was greedy of their monies but that Buckingham through his importunity would not suffer me to take notice of them lest he might be thought to have set me on and that he might come the forwarder to his Trial. And to approve his innocencie as touching the matters against him I my self can be a Witness to clear him in every one of them I speak not this to take any thing out of your hands but to shew the reason why I have not hitherto punished those insolent speeches against my self And now I hope you will be as tender of my Honor when time shall serve as I have been sensible of yours And so his Majesty was pleased to depart The same day this following Message was brought from the Commons to the Lords by Sir Nathanael Rich. THe Commons taking into serious consideration the many mischiefs and inconveniences which this renowned Kingdom doth now suffer threatening apparent danger to the King and Common-wealth have by search and disquisition into the Causes thereof found that they do principally flow from the exorbitant power and abusive carriage of the Duke of Buckingham whereof he hath this Parliament béen impeached before their Lordships by the Commons besides an accusation of a Péer in their own House who hath charged him as they are informed of High Treason They therefore with one voice make an entire Declaration That they hold it a thing of dangerous Consequence both for the present and future times that a man of so
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
in Parliament and in particular touching the Earl of Arundel whereupon we received a gracious Answer That in convenient time we should receive a fuller Answer which we have long and dutifully attended And now at this time so great a business being in handling in the House we are pressed by that business to be humble suitors to your Majesty for a gracious and present Answer Which being read was approved of by the House and the said Committee appointed to present the same unto his Majesty from the House at such time as the Lord Chamberlain shall signifie unto them that his Majesty is pleased to admit them to his presence The 11 of May the Lord President reported the Kings Answer to the said Petition That he did little look for such a Message from the House That himself had been of the House and did never know such a Message from the one House unto the other Therefore when he received a Message fit to come from them to their Soveraign they shall receive an Answer The Lord President further Reported That the Lords Committees appointed to deliver the Petition to the King did thereupon withdraw and required him humbly to desire his Majesty to be pleased to let them know unto what point of the said Petition he takes this Exception and that his Majesty willed him to say this of himself viz. The Exception the King taketh is at the peremptoriness of the Term To have a Present Answer And the King wonders at their impatience since he hath promised them an answer in convenient time Hereupon the House altered their former Petition leaving out the word Present and appointed the former Committee humbly to deliver the same to his Majesty The 13 of May the Lord President reported the Kings Answer to the Petition viz. It is true the word Present was somewhat strange to his Majesty because they did not use it from one House to another but now that his Majesty knows their meaning they shall know this from him that they shall have his Answer so soon as conveniently he can And this his Majesty will assure them it shall be such an Answer as they shall see will not trench upon the Priviledges of the House The Lords having agreed on another Petition to the King wherein they acknowledged him to be a Prince of as much goodness as ever King was The 19 of May the Lord Chamberlain signified to their Lordships That his Majesty being acquainted therewith is pleased that this House attend him at two of the Clock this day in the Afternoon at Whitehall On which day the Lords delivered the Petition to his Majesty who upon the 20 May returned this Answer My Lords I See that in your Petition you acknowledge me a King of as much goodness as ever King was for which I thank you and I will endeavor by the Grace of God never to deserve other But in this I observe that you contradict your selves for if you believe me to be such as you say I am you have no reason to mistrust the sincerity of my Promises For whereas upon often Petitions made by you unto me concerning this business I have promised to give you a full Answer with all convenient speed by this again importuning of me you seem to mistrust my former promises But it may be said there is an Emergent cause for that I have delivered a Member of the Lower-House In this My Lords by your favour you are mistaken for the Causes do no way agree for that he that was committed of the House of Commons was committed for words spoken before both Houses which being such as I had just cause to commit him yet because I found they might be words onely misplaced and not ill meant and were so conceived by many honest men I was content upon his interpretation to release him without any suit from the Lower-House whereas my Lord of Arundel's fault was directly against my self having no relation to the Parliament yet because I see you are so impatient I will make you a fuller Answer then yet I have done not doubting but that you will rest contented therewith It is true I committed him for a cause which most of you know and though it had been no more I had reason to do it yet my Lords I assure you that I have things of far greater importance to lay to his charge which you must excuse me for not no tell you at this time because it is not yet ripe and it would much prejudice my service to do it and this by the word of a King I do not speak out of a desire to delay you but as soon as it is possible you shall know the cause which is such as I know you will not judge to be any breach of your Priviledges For my Lords by this I do not mean to shew the power of a King by diminishing your Priviledges This Answer being read it was ordered That the Committee for Priviledges should meet and consider how farther to proceed with dutifull respect to his Majesty and yet so as it may be for the preservation of the Priviledges of the Peers of this Land and the Liberties of the House of Parliament The 24 of May the Lord President reported the Petition agreed on by the Lords Committees for Priviledges c. to be presented to the King which was in haec verba May it please your most Excellent Majesty WHatever our care and desire is to preserve our right of Péers yet it is far from our thoughts either to distrust or to press any thing that stands not with the affection and duty of most dutiful and loyal Subjects And therefore in all humility we cast our selves before your Majesty assuring our selves in the word of a King that with all conveniencie possible your Majesty will please either to restore the Peer to his place in Parliament or express such a cause as may not infringe our Priviledges The Petition was generally approved and ordered to be presented to his Majesty by the whole House and the Earl of Carlisle and the Lord Carlton to go presently to know the Kings pleasure when they shall attend his Majesty Who being returned reported That his Majesty hath appointed that Afternoon at two of the clock for the same The 25. of May the Lord Keeper delivered the Kings Answer unto the said Petition to be read in haec verba viz. My Lords YOur often coming to me about this matter made me somewhat doubt you did mistrust me But now I see you rely wholly on me I assure you it shall prevail more upon me then all importunities And if you had done this at first I should have given you content And now I assure you I will use all possible speed to give satisfaction and at the furthest before the end of this Session of Parliament This being read the House was moved the second time That all businesses might be laid
aside and that Consideration might be had how their Priviledges may be preserved unto posterity And the House was put into a Committee for the freer Debate thereof and afterwards resumed And it was ordered That the House be adjourned till to morrow and all businesses to cease The 26. of May the Lord Keeper delivered this Message from the King to the House of Lords viz. THat his Majesty hath willed him to signifie unto their Lordships That he doth marvel his meaning in his last Answer should be mistaken And for the better clearing of his intention hath commanded him to signifie unto their Lordships his further Answer which is That their Lordships last Petition was so acceptable to his Majesty that his intent was then and is still to satisfie their Lordships fully in what they then desired Whereupon it was ordered That all businesses be adjourned till that day seven night At the same time the Duke of Buckingham signified unto their Lordships his desire to have the Kings Council allowed him to plead his cause But the Lords would not hear him because they would entertain no business And so the House was adjourned to the second of Iune At which time the House sitting again the Lord Keeper delivered this Message from the King to the House of Lords viz. HIs Majesty hath commanded me to deliver unto your Lordships a Message touching the Earl of Arundel That his Majesty hath thought of that business and hath advised of his great and pressing affairs which are such as make him unwilling to enter into dispute of things doubtful And therefore to give you clear satisfaction touching that Cause whereby you may more cheerfully proceed in the business of the House he hath endeavored as much as may be to ripen it but cannot yet effect it but is resolved that at the furthest by Wednesday sevennight being the fourteenth of Iune he will either declare the Cause or admit him to the House And addeth further upon the word of a King That if it shall be sooner ripe which he hath good cause to expect he will declare it at the soonest And further That if the occasion doth enforce to stay to the time prefixed yet he doth not purpose to set such a short end to the Parliament but that there shall be an ample and good space between that and the end of the Sessions to dispatch affairs This Message being delivered the House was adjourned ad libitum and put into a Committee And being resumed it was agreed That all businesses should cease but this of the Earl of Arundel's concerning the Priviledges of the House and the House to meet thereon to morrow morning and to be put into a Committee to consider thereof And so the House was adjourned to the next day Then the Lord Keeper delivered this Message from the King Viz. THat in the matter concerning the Earl of Arundel his Majesty hath been very careful and desirous to avoid all jealousie of violating the Priviledges of this House that he continueth still of the same mind and doth much desire to find out some Expedient which might satisfie their Lordships in point of Priviledge and yet not hinder his Majesties service in that particular But because this will require some time his Majesty though his great affairs are urgent and pressing is unwilling to urge their Lordships to go on therewith till his Majesty hath thought on the other And therefore hath commanded him to signifie his pleasure That his Majesty is contented their Lordships adjourn the House till Thursday next and in the mean time his Majesty will take this particular business into further consideration Hereupon the Lords agreed That the Lord Keeper do render unto his Majesty from the House their humble thanks for his gracious respect unto their Priviledges Then the Lord Keeper demanded of the Lords whether their Lordships would adjourn the House till Thursday next Whereupon it was agreed by the Lords and the House was so adjourned On Thursday Iune 8. the Lord Keeper delivered this Message to the Lords from his Majesty viz. THat on Saturday last his Majesty sent word to the House That by this day he would send them such an Answer concerning the Earl of Arundel as should satisfie them in point of Priviledge And therefore to take away all dispute and that their Priviledges may be in the same estate as they were when the Parliament began his Majesty hath taken off the restraint of the said Earl whereby he hath liberty to come to the House The Earl of Arundel being returned to the House did render his humble thanks unto his Majesty for this gracious favor towards him and gave their Lordships also most hearty thanks for their often intercessions for him unto the King and protested his Loyalty and faithful service unto his Majesty Much about this time Mr. Moor a Member of the House of Commons having spoken some words which seemed to reflect upon his Majesty they were reported to the House viz. That he said We were born free and must continue free if the King will keep his Kingdom Adding these words Thanks be to God we have no occasion to fear having a just and pious King The House for these words committed Mr. Moor to the Tower of London And his Majesty shortly after sent a Message That he had passed by his offence Whereupon he was released While the Duke stood charged in the Parliament the Chancellorship of Cambridge became void by the death of the Lord Howard Earl of Suffolk who died on Whitsonday the 28. of May 1626. The University having understood by several hands That it was the Kings express will and pleasure that the Duke should be chosen in his stead were ambitious and forward to express their obedience to his Majesty in that behalf well knowing that in regard of their multitude and worthy Judgment and wisdom that is esteemed and ought to be in those Electors this was one of the most honorable Testimonies of Worth and Integrity that the Nation can afford And that whereas all other the Dukes Honors did but help the rather to sink him with their weight this would seem to shoar and prop him up Letters were pretended to be sent from his Majesty to the intent to disencourage all opposers But though the pretence of Letters served mainly to effect their ends yet the producing of them would have prejudiced the chief intendment of the Election namely the honor of the Testimony in it which chiefly lying in the freedom of the Votes had by Letters been cut off Many Heads of Houses bestirr'd themselves according to their several power and interest in their respective Societies and Trinity-Colledge alone the Master whereof was Doctor Maw one of the Kings Chaplains supplied the Duke with Forty three Votes the third part of those which served the turn for he had in all One hundred and eight He was chosen the Thursday following the
advantage of education in your University how to value the deserts of men of your qualities and degrees so could they not be more willing to cherish you then my self who will make amends for my want of Schollarship in my love to the Professors of it and to the source from whence it cometh having now most just cause more cheifly to employ my utmost endeavors with what favor I enjoy from a Royal Master to the maintaining of the Charters Priviledges and Immunities of your University in general and to the advancing of the particular merits of the Students therein And since I am so far engaged to you I will presume upon a further courtesie which is That you will be pleased to supply me with your advice and suggest a way unto me as my self likewise shall not fail to think on some means how we may make Posterity remember you had a thankful Chancellor and that both really loved you and your University Which is a resolution writ in an honest heart by him that wanteth much to express his Affection to you who will ever be Your faithful Friend and humble Servant George Buckingham Also the King was pleased to write to the University of Cambridge in approbation of the said Election Trusty and Well-beloved We greet you well WHereas upon Our pleasure intimated unto you by the Bishop of Durham for the choice of your Chancellor you have with much duty as We expected highly satisfied Us in your Election We cannot in Our Princely Nature who are much possessed with this Testimony of your ready and Loyal Affections but for ever let you know how much you are therein made partakers of Our Royal Approbation And as We shall ever conceive that an Honor done to a Person We favor is out of a Loyal respect had unto Our Self And as We shall ever justifie Buckingham worthy of this your Election so shall you finde the fruits of it For We that have found him a faithful Servant to Our dear Father of Blessed memory and Our Self cannot but undertake that he will prove such a one to you and will assist him with a Gratious Willingness in any thing that may concern the good of the University in general or the particular Merits of any Students there Given under Our Signet at Our Pallace of Westminster the Sixth of June in the Second year of Our Raign Iune 8. Before the Duke gave in his Answer on that day unto the House of Peers to the Impeachment of the House of Commons he made this ensuing Speech My Lords IN a case of pressure considered by it self I have a fair beginning it is a due debt to your Lordships for this Honorable Favor in leaving it to my choice whether I would answer to the particulars in the Aggravation or not I may without lessening my Obligation say The favor is greater at first it may be yours or your Posterities hereafter I have in a manner tied my self to my charge hoping if I give your Lordships satisfaction in that the Aggravations will fall of themselves I could not well have followed the Aggravations being composed of words which I hope my actions have not deserved and I am sure my ears have not been made acquainted with without some distraction of spirit yet I have left nothing of them unanswered that is material I have used as much speed to come to an answer as conveniently I could without prejudice of my cause having my Reputation too long upon the stage and had your Lordships called for it sooner I had been as ready as now I was desirous to detain your Lordships as little as may be with the expectation of my particular from weightier business I was also grieved that my business should be a cause of the loss of this year from foreign attempts and the hindrance of those resolutions that would have comforted our Friends abroad and secured our selves at home But in this my Lords I am sure you will easily acquit me in your thoughts When I look upon my Charge in general as they did without searching into the integrity of mine own heart and actions which are yet unknown to most of them I wonder not so much at their proceedings the particulars not being voted against me nor unanimously but had they taken the means to have been better and trulier informed of the particulars or have given me cause to have informed them I assure my self they had not troubled your Lordships with this Charge But I confess there hath been that contestation in the House of Commons concerning my Justification that I cannot but acknowledge much favor there from many And if the actions of some others in that House do not conclude me of a worse disposition then I shall hereafter be found there is none but may say with me I am at peace with all I shall onely for the present apply my self to the clearing of my Reputation and for the future of those actions and endeavors which may repossess me of that I have counted one of my greatest losses their good opinions I would not speak nor profess this before your Lordships if Reason and my own disposition did not warrant the performance of it For first Who accused me Common Fame Who gave me up to your Lordships The House of Commons The one is too subtile a Body if a Body the other too great for me to contest with and I am confident when my cause shall be tried neither the one or the other or part of either will be found to be my enemy But as Fame is subtle so it is often and especially in accusations false therefore the House of Commons have not wronged me Yet I am confident it will at length be found that Common Fame hath abused both them and me I presume the House of Commons have proceeded against me out of an hearty and zealous affection to do their King and Country service I hope out of Christian Charity to punish and amend my faults if fame could have proved them and not to envy my Reputation or destroy my Fortune I shall never call such proceedings wrong if seeking to cure my errors give me opportunity to clear and publish my innocency For the State it self I have little to say it is but a little I will not abuse your Lordships patience I was born and bred in it I ow it my self I have been raised to Honors and Fortunes in it I freely confess beyond my Merits what I wanted in sufficiency and experience for the service of it I have endeavored to supply by care and industry And could there be the least alienation hereafter in my heart from the service of the State for any thing that hath past I should be the ungratefullest man living should but such a thought stain my heart I should be content it were let blood If my Posterity should not inherit the same fidelity I should desire an inversion in the course of Nature and be glad to
hurt but there hath been that provision taken by his Majesty not without the care of the Duke both by force and treaty to repress them for the time to come as will give good satisfaction All which he is assured will clearly appear upon proof To this Article the Duke maketh this Answer That about September last this Ship called the St. Peter amongst divers others was seised on as lawful prize by his Majesties Ships and brought into Plimouth as Ships laden by the Subjects of the King of Spain in the end of October or beginning of November they were all brought to the Tower of London all of them were there unladen but the Peter and the bulk of her Goods was not stirred because they were challenged by the Subjects of the French King and there did not then appear so much proof against her and the goods in her as against the rest About the middle of November Allegations were generally put in against them all in the Admiralty Court to justifie the seisure and all the Pretendants were called in upon these proceedings divers of the Ships and Goods were condemned and divers were released in a legal course and others of them were in suspence till full proof made The Eight and twentieth day of December complaint was made on the behalf of some Frenchmen at the Council-Board concerning this Ship and others when the King by Advice of his Council his Majesty being present in person did order that the Ship of Newhaven called the Peter and the Goods in her and all such other Goods of the other prizes as should be found to appertain to his Majesties own Subjects or to the Subjects of his good Brother the French King or the States of the United Provinces or any other Princes or States in Friendship or Alliance with his Majesty should be delivered But this was not absolute as is supposed by the Charge but was thus qualified so as they were not fraudulently coloured and it was referred to a judicial proceeding According to this just and honorable Direction the Kings Advocate proceeded upon the general Allegations formerly put in the 26 of Ianuary after there was a Sentence in the Admiralty that the Peter should be discharged and the Kings Advocate not having then any knowledge of further proof consented to it But this was not a Definitive Sentence but a Sentence Interlocutory as it is termed in that Court. Within few days after this Ship prepared her self to be gone and was falling down the River then came new intelligence to the Lord Admiral by the Lieutenant of the Tower That all those Ships were laden by the Subjects of the King of Spain that the Amirantasco wasted them beyond the North Cape that they were but coloured by Frenchmen that there were Witnesses ready to make good this new Allegation neither was it improbable to be so for part of the Goods in that Ship have been confessed to be lawful prize This Ship being now falling down the River and being a Ship of the most value of all the rest the Duke acquainted the King therewith and by his commandment made stay of the Ship lest otherwise it would be too late which the Duke in the duty of his place of Admiral as he believeth ought to have done without such command And if he had not done so he might worthily have been blamed for his negligence and then instantly he sent for the Judge of the Admiralty to be informed from him how far the Sentence already past did binde and whether it might stand with Justice to make stay of her again she being once discharged in such manner as before The Judge answered As he was advised that it might justly be done upon better proofs appearing yet discreetly in a matter of that moment he took time to give a resolute answer That in the interim he might review the Acts which had passed The next day or very shortly after the Judge came again to the Duke and upon Advice answered resolutely That the Ship and the Goods might justly be stayed if the proofs fell out to be answerable to the Information given whereof he said he could not judge till he had seen the Depositions And according to this resolution of the Judge did five other Learned Advocates besides the Kings Advocate concur in opinion being intreated by the Duke to advise thereof so cautious was the Duke not to do any unjust act Then he acquainted the King again therewith and his Majesty commanded him to reseize this Ship and to proceed judicially to the proofs and the Duke often required the Kings Advocate to hasten the examination of the Witnesses and many Witnesses were produced and examined in pursuance of this new Information But the French Merchants impatient of any delay complained again to the Council-Board where it was ordered not barely That the Ship and Goods should be presently delivered but should be delivered upon security and upon security she had been then delivered if it had been given and security was once offered but afterwards retracted And when all the Witnesses produced were examined and published the Kings Advocate having duly considered of them forthwith acquainted the Duke that the proofs came too short for the Peter and thereupon the Duke instantly gave order for her final discharge and she was discharged by order of Court accordingly By which true Narration of the Fact and all the proceedings the Duke hopeth it will sufficiently appear That he hath not done any thing herein on his part which was not justifiable and grounded upon deliberate and well-advised Councils and Warrant But for the doing of this to his own lucre and advantage he utterly denieth it for he saith that there was nothing removed out of the Ship but some moneys and some small boxes of stones of very mean value and other small Portable things lying above the Deck easily to be imbezilled And whatsoever was taken out of the Ship was first publickly shewed to his Majesty himself and then committed to the custody of Gabriel Marsh in the Article mentioned by Inventory then and still Marshal of the Admiralty by him to be safely kept whereof the money was employed for the Kings immediate service and by his direction and the rest was left in safe keeping and are all since delivered and reimbursed to the owners or pretended owners thereof and not a penny profit thereof or thereby hath come to the Duke himself as shall be made good by proof And whereas the suggestion hath been made that this accident was the cause of the Imbargo of the Ships and Goods of our Merchants trading in France he saith that is utterly mistaken for divers of their Goods were imbarged before this hapned and if in truth the French had therein received that as either they pretend or is pretended for them yet the imbarguing of the Goods of the English upon that occasion was utterly illegal and unwarrantable For by the mutual Articles between the two Kings
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
to the Acts and Law of State in that behalf A Committee was appointed to prepare an Answer to his Majesties Letter which was ingrossed and allowed of but the Copy thereof we cannot finde yet the Substance was delivered by the Speaker Sir Henage Finch in these words Most gracious and dread Soveraign ACcording to that liberty of access and liberty of speech which your Majesty and your Royal Progenitors have ever vouchsafed to your House of Commons your Majesties most humble and Loyal Subjects the Commons now assembled in Parliament have been Suitors for this access to your Royal Throne And out of their consideration of the nature and of the weight and importance of the business they have thought the attendance of the whole house with their Speaker not too solemn and yet they have not thought fit barely to commit those words which express their thoughts to the trust of any mans Speech but are bold to present them in writing to your gracious hands that they may not vanish but be more lasting then the most powerfull words of a more able Speaker like to be I have much to read and shall therefore as little as I can weary your Majesty with Speeches This Parchment contains two things the one by way of Declaration to give your Majesty an accompt and humble satisfaction of their clear and sincere endeavors and intentions in your Majesties service and the other an humble Petition to your Majesty for the removal of that great person the Duke of Buckingham from access to your Royal presence For the first They beseech your most excellent Majesty to beleeve that no earthly thing is so dear and precious to them as that your Majesty should retain them in your grace and good opinion and it is a grief to them beyond my expression that any misinformation or misinterpretation should at any time render their words or proceedings offensive to your Majesty It is not proper for any to hear the Eccho of a voice that hears not the voice and if Eccho's be sometimes heard to double and redouble the Eccho of the Eccho is still fainter and sounds not lowder I need not make the Application words misreported though by an Eccho or but an Eccho of an Eccho at a third or fourth hand have oft a lowder sound then the voice it self and may sound disloyalty though the voice had nothing undutifull or illoyal in it Such misinformations they fear have begot those interruptions and diversions which have delayed the ripening and expediting of those great Counsels which concern your Majesties important service and have enforced this Declaration I pass from that to the Petition in which my purpose is not to urge those Reasons which your Majesty may hear expressed in their own words in the language of the people I am onely directed to offer to your great wisdom and deep judgement that this petition of theirs is such as may stand with your Majesties honor and justice to grant Your Majesty hath been pleased to give many Royal Testimonies and Arguments to the world how good and gracious a Master you are and that which the Queen of Sheba once said to the wisest King may without flattery be said to your Majesty Happy are those Servants which stand continually before you But the Relations by which your Majesty stands in a gracious aspect towards your people do far transcend and are more prevalent and binding then any relation of a Master towards a Servant and to hear and satisfie the just and necessary desires of your people is more honorable then any expression of grace to a servant To be a Master of a Servant is communicable to many of your Subjects to be a King of people is Regal and incommunicable to Subjects Your Majesty is truly stiled with that name which the greatest Emperors though they borrowed names and titles from those Countries which they gained by conquest most delighted in Pater Patriae and desires of children are preferred before those of servants and the servant abideth not in the house for ever but the son abideth ever The Government of a King was truely termed by your Royal Father a Politick Marriage between him and his People and I may safely say there was never a better union between a married Pair then is between your Majesty and your People Afterwards the Commons made what haste they could to perfect a Remonstrance or Declaration against the Duke and concerning Tonage and Poundage taken by the King since the death of his Father without consent in Parliament which was no sooner finished but they had intimation the King would that day dissolve the Parliament whereupon they ordered every Member of the House to have a Copy of the Remonstrance And at the same time the Lords prepared this ensuing Petition to stay his purpose in dissolving the Parliament May it please your Excellent Majesty WE your faithfull and loyal Subjects the Peers of this Kingdom having received this morning a Message from your Majesty intimating an intention to dissolve this Parliament remembring that we are your Majesties hereditary great Council of the Kingdom do conceive that we cannot deserve your Majesties gracious opinion expressed in this Message unto us nor discharge our duty to God your Majesty and our Country if after expression of our great and universal sorrow we did not humbly offer our loyal and faithfull advice to continue this Parliament by which those great and apparent dangers at home and abroad signified to us by your Majesties command may be prevented and your Majesty made happy in the duty and love of your people which we hold the greatest Safety and Treasury of a King for the effecting whereof our humble and faithfull endeavor shall never be wanting The Lords sent the Vicount Mandevile Earl of Manchester Lord President of his Majesties Council the Earl of Pembrook the Earl of Carlile and the Earl of Holland to intreat his Majesty to give audience to the whole House of Peers But the King returned Answer That his Resolution was to hear no motion to that purpose but he would dissolve the Parliament and immediately caused a Commission to pass under the Great-Seal to that purpose in haec verba CAROLUS Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Reverendissimo in Christo Patri fideli Consiliario nostro Georgio Archiepisc. Cantuar. totius Angliae Primati Metropolitano Ac perdilecto fideli Consiliar nostro Thomâ—e Coventry militi Dom. Custod Magni Sigilli nostri Angliae Ac etiam Reverendiss in Christo Patri Tobiae Archiep. Ebor. Angliae Primati Metropolitano Nec non charissimis Consanguineis Consiliariis nostris Iacobo Comiti Marlborough Thesaurario nostro Angliae Henrico Comiti Manchester Dom. Presidenti Consilii nosâ—ri Edwardo Comiti Wigorn. Custod Privati Sigilli nostri Georgio Duci Buckingham Magno Admirallo nostro Angliae Willielmo Comiti Pembroke Camerario Hospitii nostri Ac etiam
we took into serious Consideration several Propositions how for the â—afety and happiness of your Majesties Kingdoms and Allies we might enlarge your Supports add to the Military Strength without charge to the poorer sort of your Subjects and give a larger Supply to your Majesty for your instant and pressing occasions then hath ever yet but once been given in Parliament Whereupon for the enabling of our selves and those whom we represent we conceive it first necessary to search into the Causes of those Mischiefs which this your Kingdom suffereth and divers of the Grievances that overburthen your Subjects without doing of which we could neither be faithful to your Majesty nor to the Country that doth trust and imploy us as your Royal Father also of blessed memory admonished the House of Commons in the fourth Session of his first Parliament In this consideration we found that the most pressing and comprehensive Mischief and Grievance that we suffered was fundamentally setled in the vast power and enormous Actions of the said Duke being such that by reason of his plurality of Offices all gotten by ambition and some for money expresly against the Lawes of your Realm His breach of Trust in not guarding the Seas his high injustice in the Admiralty his extortion his delivering over the Ships of this Kingdom into the hands of a Forein Prince his procuring of the compulsory buying of honor for his own gain his unexampled exhausting of the Treasures and Revenues of the Kingdom his transcendent presumption of that unhappy applying of Phisick to your Royal Father of blessed memory few dayes before his death and some other his Offences carefully and maturely examined by us we made a Parliamentary Charge of the same matters and offences against him to the Lords by your Majesty assembled in Parliament there expecting some remedy by a speedy proceeding against him but may it please your most excellent Majesty not onely during the time of our examination of the matters and offences of the same Charge we were diversly interrupted and diverted by Messages procured through misinformation from your Majesty which with most humble duty and reverence we did ever receive whence it first fell out that so not onely much time was spent amongst us before the same Charge was perfected but also within two dayes next after the same Charge was transmitted by us to the Lords Upon untrue and malicious misinformations privately and against the Priviledge of Parliaments given to your Majesty of certain words supposed to have been spoken by Sir Dudley Digs and Sir John Elliot Knights two of the Members of our House in their service of the transmitting of the said Charge both of them having been especially employed in the Chairs of Committees with us about the examination of the said matters and offences they were both by your Majesties command committed to close imprisonment in the Tower of London and their Lodgings presently searched and their papers there found presently taken away by reason whereof not onely our known Priviledges of Parliament were infringed but we our selves that upon full hope of speedy course of Iustice against the said Duke were preparing with all dutifull affection to proceed to the dispatch of the Supply and other Services to your Majesty were wholly as the Course and Priviledge of Parliament bindes us diverted for divers dayes to the taking onely into consideration some Courses for the ratifying and preservation of the Priviledges so infringed and we think it our duties most gracious Soveraign most rightly to inform hereby your most excellent Majesty of the Course held in the Commitment of the two Members For whereas by your Majesties Warrant to your Messengers for the arresting of them you were pleased to command that they should repair to their Lodgings And there take them Your Majesties principal Secretary the Lord Conway gave the said Messengers as they affirmed an express command contrary to the said Warrants that they should not go to their Lodgings but to the House of Commons and there take them and if they found them not there they should stay until they were come into the House and apprehend them wheresoever else they should finde them Which besides that it is contrary to your Majesties command is an apparent Testimony of some mischievous intention there had against the whole House of Commons and against the service intended to your Majesty All which with the several interruptions that preceded it and the misinformation that hath caused all of them we cannot doubt but that they were wrought and procured by the Duke to his own behoof and for his advantage especially because the said Interruptions have through misinformation come amongst us onely at such times wherein we have had the matters and offences charged against him in agitation but your Majesty out of your great goodness and justice being afterwards informed truely of our Priviledge and the demerit of the Cause that concerned our said two Members graciously commanded the delivery of them out of the Tower for which we render unto your Majesty most humble thanks and were then again by reason of our hopes of the dispatch of proceedings with the Lords upon our Charge against him said the Duke in a cheerfull purpose to go on with the matter of Supply and other services to your Majesty when again these hopes failed in us by reason of some new exorbitancies now lately shewed in the exercise of his so great power and ambition for by such his power and ambition notwithstanding our Declaration against him for his so great plurality of Offices he also procured to himself by the sollicitation of his Agents and of such as depended upon him the Office of Chancellor of the University of Cambridge whereas the same University having two Burgesses in Parliament did by the same Burgesses a few weeks before consent with us in the Charge against him for his ambition for procuring such a plurality of Offices such was his ambition to sue for it such was his power to make them give it him contrary to what themselves had agréed in Parliament with all the Commons of England And he procured also the same Office by the special labors and endeavors as we are informed of a Factious party who adhereth to that dangerous Innovation of Religion published in the seditious Writings of one Richard Montague Clerk of whom it is thence also and heretofore upon other reasons it hath béen conceived that the said Duke is and long hath béen an Abettor and Protector These Actions of the said Duke have thus among us hindred the service of your Majesty by reason both of the interruptions that have so necessarily accompanied them and of the prevention of our chéerfulness which otherwise had long since béen most effectually shewed in us that have nothing else in our cares next to our duty to God but the loyal service of your Majesty the safety of your Kingdom and the subsistence of our selves and those whom we represent
expectation to have run the least hazard through their defaults This Parliament after some Adjourment by reason of his Majesties unavoidable occasions interposing being assembled on the Eightéenth day of June It is true that his Commons in Parliament taking into their due and serious Consideration the manifold Occasions which at his first entry did press his Majesty and his most important Affairs which both at home and abroad were then in action did with great readiness and alacrity as a pledge of their most bounden duty and thankfulness and as the first fruits of the most dutiful affections of his loving and loyal Subjects devoted to his service present his Majesty with the frée and cheerful gift of two entire Subsidies which their gift and much more the freeness and heartiness expressed in the giving thereof his Majesty did thankfully and lovingly accept But when he had more narrowly entred into the consideration of his great affairs wherein he was imbarqued and from which he could not without much dishonor and disadvantage withdraw his hand he found that this sum of money was much short of that which of necessity must be presently expended for the setting forward of those great Actions which by advice of his Council he had undertaken and were that Summer to be pursued This his Majesty imparted to his Commons house of Parliament but before the same could receive that debate and due consideration which was fit the fearful Uisitation of the Plague in and about the Cities of London and Westminster where the Lords and the principal Gentlemen of quality of his whole Kingdom were for the time of this their service lodged and abiding did so much increase that his Majesty without extreme peril to the lives of his good Subjects which were dear unto him could not continue the Parliament any longer in that place His Majesty therefore on the eleventh day of July then following adjourned the Parliament from Westminster until the first day of August then following at the City of Oxford And his Highness was so careful to accommodate his Lords and Commons there that as he made choice of that place being then the fréest of all others from the danger of that grievous Sickness so he there fitted the Parliament-men with all things convenient for their entertainment And his Majesty himself being in his own heart sincere and frée from all Ends upon his people which the Searcher of hearts best knoweth he little expected that any misconstruction of his actions would have béen made as he there found But when the Parliament had béen a while assembled and his Majesties affairs opened unto them and a further Supply desired as necessity required he found them so slow and so full of delays and diversions in their Resolutions that before any thing could be determined the fearful Contagion daily increased and was dispersed into all the parts of this Kingdom and came home even to their doors where they assembled His Majesty therefore rather preferred the safety of his people from that present and visible danger then the providing for that which was more remot◠but no less dangerous to the State of this Kingdom and of the affairs of that part of Christendom which then were and yet are in friendship and alliance with his Majesty And thereupon his Majesty not being then able to discern when it might please God to stay his hand of Uisitation nor what place might be more secure then other at a time convenient for their re-assembling his Majesty dissolved that Parliament That Parliament being now ended his Majesty did not therewith cast off his Royal care of his great and important affairs but by the advice of his Privy-Council and of his Council of War he continued his preparations and former resolutions And therein not only expended those monies which by the two Subsidies aforesaid were given unto him for his own private use whereof he had too much occasion as he found the state of his Exchequer at his first entrance but added much more of his own as by his credit and the credit of some of his servants he was able to compass the same At last by much disadvantage by the retarding of provisions and uncertainty of the means his Navy was prepared and set to Sea and the Designs unto which they were sent and specially directed were so probable and so well advised that had they not miscarried in the execution His Majesty is well assured they would have given good satisfaction not only to his own people but to all the world that they were not lightly or unadvisedly undertaken and pursued But it pleased God who is the Lord of Hosts and unto whose providence and good pleasure his Majesty doth and shall submit himself and all his endeavors not to give that success which was desired And yet were those Attempts not altogether so fruitless as the envy of the Times hath apprehended the Enemy receiving thereby no small loss nor our party no little advantage And it would much avail to further his Majesties great affairs and the Peace of Christendom which ought to be the true end of all Hostility were these first beginnings which are most subject to miscarry well seconded and pursued as his Majesty intended and as in the judgment of all men conversant in Actions of this nature were fit not to have béen neglected These things being thus acted and God of his infinite goodness beyond expectation asswaging the rage of the Pestilence and in a manner of a suddain restoring health and safety to the Cities of London and Westminster which are the fittest places for the resort of his Majesty his Lords and Commons to meet in Parliament His Majesty in the depth of winter no sooner descried the probability of a safe assembling of his people and in his princely wisdom and providence foresaw that if the opportunity of seasons should be omitted preparations both defensive and offensive could not be made in such sort as was requisite for their common safety but he advised and resolved of the summoning of a new Parliament where he might freely communicate the necessities of the State and by the Council and advice of the Lords and Commons in Parliament who are the Representative body of the whole Kingdom and the great Council of the Realm might proceed in these enterprises and be enabled thereunto which concern the common good safety and honor both of Prince and people and accordingly the sixth of February last a new Parliament was begun At the first meeting his Majesty did forbear to press them with any thing which might have the least appearance of his own interest but recommended unto them the care of making of good Laws which are the ordinary Subject for a Parliament His Majesty believing that they could not have suffered many days much less many weeks to have passed by before the apprehension and care of the common safety of this Kingdom and the true Religion professed and maintained therein and of
our Friends and Allies who must prosper or suffer with us would have led them to a due and a timely consideration of all the means which might best conduce to those ends which the Lords of the Higher-House by a Committee of that House did timely and seasonably consider of and invited the Commons to a Conference concerning that great business At which Conference there were opened unto them the great occasions which pressed his Majesty which making no impression with them his Majesty did first by Message and after by Letters put the House of Commons in minde of that which was most necessary the defence of the Kingdom and due and timely preparations for the same The Commons House after this upon the 27 of March last with one unanimous consent at first agreed to give unto his Majesty three intire Subsidies and three Fifteens for a present supply unto him and upon the 26 of April after upon second Cogitations they added a fourth Subsidy and ordered the dayes of payment for them all whereof the first should have been on the last day of this present June Upon this the King of Denmark and other Princes and States being engaged with his Majesty in this common Cause his Majesty fitted his occasions according to the times which were appointed for the payment of those Subsidies and Fifteens and hasted on the Lords Committees and his Council at War to perfect their Resolutions for the ordering and setling of his designs which they accordingly did and brought them to that maturity that they found no impediment to a final conclusion of their Councels but want of mony to put things into action His Majesty hereupon who had with much patience expected the real performance of that which the Commons had promised finding the time of the year posting away and having intelligence not onely from his own Ministers and Sujects in Forrein parts but from all parts of Christendom of the great and powerfull preparations of the King of Spain and that his design was upon this Kingdom or the Kingdom of Ireland or both and it is hard to determine which of them would be of worst consequence He acquainted the House of Commons therewith and laid open unto them truly and clearly how the state of things then stood and yet stand and at several times and upon several occasions reiterated the same But that House being abused by the violent and ill-advised passions of a few Members of the House for private and personal ends ill-beseeming publick persons trusted by their Country as then they were not onely neglected but wilfully refused to hearken to all the gentle admonitions which his Majesty could give them and neither did nor would intend any thing but the prosecution of one of the Peers of this Realm and that in such a disordered manner as being set at their own instance into a legal way wherein the proofs on either part would have ruled the cause which his Majesty allowed they were not therewith content but in their intemperate passions and desires to seek for Errors in another fell into a greater Error themselves and not onely neglected to give just satisfaction to his Majesty in several Cases which happened concerning his Regality but wholly forgot their engagements to his Majesty for the publick defence of the Realm whereupon his Majesty wrote the forementioned Letter to the Speaker dated the ninth day of June 1626. Notwithstanding which Letter read in the House being a clear and gracious Manifest of his Majesties Resolutions they never so much as admitted one Reading to the Bill of Subsidies but instead thereof they prepared and voted a Remonstrance or Declaration which they intended to prefer to his Majesty containing though palliated with glossing terms aswel many dishonorable aspersions upon his Majesty and upon the sacred memory of his deceased Father as also dilatory excuses for their not proceeding with the Subsidies adding thereto also coloured conditions crossing thereby his Majesties direction which his Majesty understanding and esteeming as he had cause to be a denial of the promised Supply and finding that no admonitions could move no reasons or perswasions could prevail when the time was so far spent that they had put an impossibility upon themselves to perform their promises when they esteemed all gracious Messages unto them to be but interruptions His Majesty upon mature advisement discerning that all further patience would prove fruitless on the fifteenth day of this present moneth he hath dissolved this unhappy Parliament The acting whereof as it was to his Majesty an unexpressible grief for the memory thereof doth renew the hearty sorrow which all his good and well affected Subjects will compassionate with him These passages his Majesty hath at the more length and with the true Circumstances thereof expressed and published to the world least that which hath been unfortunate in it self through the malice of the Author of so great a mischief and the malevolent report of such as are ill-affected to this State or the true Religion here professed or the fears or jealousies of Friends and dutifull Subjects might be made more unfortunate in the consequences of it which may be of worse effect then at the first can be well apprehended and his Majesty being best privy to the integrity of his own heart for the constant maintaining of the sincerity and unity of the true Religion professed in the Church of England and to free it from the open contagion of Popery and secret infection of Schism of both which by his publick Acts and Actions he hath given good testimony and with a single heart as in the presence of God who can best judge thereof purposeth resolutely and constantly to proceed in the due execution of either and observing the subtilty of the adverse party he cannot but believe that the hand of Joab hath been in this disaster that the common Incendiaries of Christendom have subtilly and secretly insinuated those things which unhappily and as his Majesty hopeth beyond the intentions of the Actors have caused these diversions and distractions And yet notwithstanding his most excellent Majesty for the comfort of his good and well-affected Subjects in whose loves he doth repose himself with confidence and esteemeth it as his greatest riches for the assuring of his Friends and Allies with whom by Gods assistance he will not break in the substance of what he hath undertaken for the discouraging of his Adversaries and the Adversaries of his Cause and of his Dominions and Religion hath put on this resolution which he doth hereby publish to all the world That as God hath made him King of this great people and large Dominions famous in former ages both by Land and Sea and trusted him to be a Father and Protector both of their Persons and Fortunes and a Defender of the Faith and true Religion so he will go on cheerfully and constantly in the defence thereof and notwithstanding so many difficulties and discouragements will take his
man that would not depend upon him among other men had me in his eye for not stooping unto him so as to become his Vassal I that had learned a Lesson which I constantly hold To be no mans servant but the Kings for mine Old Royal Master which is with God and mine own Reason did teach me so went on mine own ways although I could not but observe That so many as walked in that path did suffer for it upon all occasions and so did I nothing wherein I moved my Master taking place which finding so clearly as if the Duke had set some ill character upon me I had no way but to rest in patience leaving all to God and looking to my self as warily as I might But this did not serve the turn his undertakings were so extraordinary That every one that was not with him was presently against him and if a hard opinion were once entertained there was no place left for satisfaction or reconciliation What befel the Earl of Arundel and Sir Randal Crew and divers others I need not to report and no man can make doubt but he blew the Coals For my Self there is a Gentleman called Sir H. S. who gave the first light what should befal me This Knight being of more livelihood then wisdom had married the Lady D. Sister to the now Earl of E. and had so treated her that both for safeguard of her Honor blemished by him scandalously and for her Alimony or maintenance being glad to get from him she was inforced to endure a Suit in the High Commission Court So to strengthen his party he was made known to the Duke and by means of a Dependant on his Grace he got a Letter from the King That the Commissioners should proceed no further in hearing of that Cause by reason that it being a difference between a Gentleman and his Wife the Kings Majesty would hear it himself The Solicitor for the Lady finding that the course of Justice was stopped did so earnestly by Petition move the King that by another Letter there was a relaxation of the former restraint and the Commissioners Ecclesiastical went on But now in the new proceeding finding himself by Justice like enough to be pinched he did publickly in the Court refuse to speak by any Councel but would plead his cause himself wherein he did bear the whole business so disorderly tumultuously and unrespectively that after divers reproofs I was enforced for the Honor of the Court and Reputation of the High Commission to tell him openly That if he did not carry himself in a better fashion I would commit him to Prison This so troubled the yong Gallant that within few days after being at Dinner or Supper where some wished me well he bolted it out That as for the Archbishop the Duke had a purpose to turn him out of his place and that he did but wait the occasion to effect it Which being brought unto me constantly by more ways then one I was now in expectation what must be the issue of this great mans indignation which fell out to be as followeth There was one Sibthorpe who not being so much as a Batchellor of Arts as it hath been credibly reported unto me by means of Doctor Peirce Dean of Peterborough being Vice-Chancellor of Oxford did get to be conferred upon him the Title of a Doctor This man is Vicar of Brackley in Northamptonshire and hath another Benefice not far from it in Buckinghamshire But the lustre of his Honor did arise from being the Son-in-law of Sir Iohn Lamb Chancellor of Peterborough whose Daughter he married and was put into the Commission of Peace When the Lent Assizes were in February last at Northampton the man that Preached before the Judges there was this worthy Doctor where magnifying the Authority of Kings which is so strong in the Scripture that it needs no flattery any ways to extol it he let fall divers Speeches which were distasteful to the Auditors and namely That they had power to put Poll-Money upon their Subjects heads when against those challenges men did frequently mourn He being a man of a low Fortune conceived that the putting his Sermon in Print might gain favor at Court and raise his Fortune higher on he goeth with the Transcribing of his Sermon and got a Bishop or two to prefer this great Service to the Duke and it being brought unto the Duke it cometh in his head or was suggested unto him by some malicious body that thereby the Archbishop might be put to some remarkable strait For if the King should send the Sermon unto him and command him to allow it to the Press one of these two things would follow That either he should Authorize it and so all men that were indifferent should discover him for a base and unworthy Beast or he should refuse it and so should fall into the Kings indignation who might pursue it at his pleasure as against a man that was contrary to his service Out of this Fountain flowed all the Water that afterwards so wet In rehearsing whereof I must set down divers particulars which some man may wonder how they should be discovered unto me But let it suffice once for all that in the word of an honest man and of a Bishop I recount nothing but whereof I have good warrant God himself working means The matters were revealed unto me although it be not convenient that in this Paper I name the manner how they came unto me least such as did by well-doing further me should receive blame for their labor Well! resolved it is That I must be put to it and that with speed and therefore Mr. William Murrey Nephew as I think unto Mr. Thomas Murrey sometimes Tutor unto Prince Charls and the yong man now of the Kings Bed-chamber is sent unto me with the Written Sermon of whom I must say That albeit he did the King his Masters business yet he did use himself temperately and civilly unto me For avoiding of inquit and inquam as Tully saith I said this and he said that I will make it by way of Dialogue not setting down every days conference exactly by it self but mentioning all things of importance in the whole yet distinguishing of times where for the truth of the Relation it cannot be avoided Murrey My Lord I am sent unto you by the King to let you know that his pleasure is That whereas there is brought unto him a Sermon to be Printed you should allow this Sermon to the Press Archb. I was never he that authorised Books to be Printed for it is the work of my Chaplains to read over other mens writings and what is fit to let it go what is unfit to expunge it Murrey But the King will have you your self to do this because he is minded that no Books shall be allowed but by you and the Bishop of London And my Lord of London authorised one the other day Cousens
and written divers Books and know very well what appertaineth to the Schools This is a new kinde of Learning unto me I have formerly found fault that the Author of this Sermon quoteth not the places whereupon he grounds his Doctrine and when I have oft called for them it is replied unto me that I must take them upon the credit of the Writer which I dare not do for I have searched but one place which he quoted in general but sets down neither the words nor the Treatise nor the Chapter and I finde nothing to the purpose for which it is quoted and therefore I have reason to suspect all the rest I pray you therefore in the humblest manner to commend my service to the King my Master and let him know that unless I may have all the Quotations set down that I may examine them and may have that writing wherein I am so ill used I cannot allow the Book Before I go further it shall not be amiss to touch some particulars of that which I sent in writing to the King The first was Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative To this Mr. Murrey said The King doth not plead it But my Reply was By what then doth he coerce those Refractories for I have not heard of any Law whereby they are imprisoned and therefore I must take it to be by the Kings Prerogative To the second Page 8. The Kings duty is first to direct and make Laws There is no Law made till the King assent unto it but if it be put simply to make Laws it will cause much startling at it To this I remember not any material thing answered neither to the third Page 10. If nothing may excuse from active obedience but what is against the Law of God or of Nature or impossible How doth this agree with the first Fundamental Position Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live This is a fourth Case of Exception And here before I go to the rest the Doctor did truly hit upon a good point in looking to the Laws and Customs if he could have kept him to it for in my memory and in the remembrance of many Lords and others that now live Doctor Haresenet the then Bishop of Chichester and now of Norwich in Parliament time Preached a Sermon at Whitehal which was afterward burned upon the Text Give unto Caesar the things that be Caesars Wherein he insisted That Goods and Money were Caesars and therefore they were not to be denied unto him At this time when the whole Parliament took main offence thereat King Iames was constrained to call the Lords and Commons into the Banqueting-house at Whitehal and there his Majesty calmed all by saying The Bishop onely failed in this when he said the Goods were Caesars he did not adde They were his according to the Laws and Customs of the Countrey wherein they did live So moderate was our Caesar then as I my self saw and heard being then an eye and ear witness for I was then Bishop of London To the fourth The Poll-Money in St. Matthew was imposed by the Emperor as a Conqueror over the Iews and the execution of it in England although it was by a Law produced a terrible effect in King Richard the Second's time when onely it was used for ought that appeareth Here the Bishop in the Paper excepted divers things as That sometimes among us by Act of Parliament strangers are appointed to pay by the Poll which agreeth not with the Case and that it was not well to bring examples out of weak times whereas we live in better but that it was a marvelous fault the blame was not laid upon the Rebels of that Age. Those are such poor things that they are not worth the answering But my Objection in truth prevailed so far that in the Printed Book it was qualified thus Poll-Money other persons and upon some occasions where obiter I may observe That my refusing to sign the Sermon is not to be judged by the Printed Book for many things are altred in one which were in the other To the fifth Page 12. It is in the bottome view the Reign of Henry the Third whether it be fit to give such allowance to the Book being surreptiously put out To this it was said That being a good passage out of a blame-worthy Book there was no harm in it But before the Question of Sibthorps Treatise the Bishop of Bathe himself being with me found much fault with that Treatise as being put out for a scandalous Parallel of those times To the sixth in the same Page Let the largeness of those words be well considered Yea all Antiquity to be absolutely for absolute Obedience to Princes in all Civil or Temporal things For such Cases as Naboths Vineyard may fall within this Here the Bishop was as a man in a rage and said That it was an odious comparison for it must suppose that there must be an Ahab and there must be a Iezabel and I cannot tell what But I am sure my Exception standeth true and reviling and railing doth not satisfie my Argument All Antiquity taketh the Scripture into it and if I had allowed that proportion for good I had been justly beaten with my own Rod. If the King the next day had commanded me to send him all the Money and Goods I had I must by mine own rule have obeyed him and if he had commanded the like to all the Clergy-men in England by Doctor Sibthorps proportion and my Lord of Canterburies allowing of the same they must have sent in all and left their Wives and Children in a miserable case Yea the words extend so far and are so absolutely delivered That by this Divinity if the King should send to the City of London and the Inhabitants thereof commanding them to give unto him all the wealth which they have they were bound to do it I know our King is so gratious that he will attempt no such matter but if he do it not the defect is not in these flattering Divines who if they were called to question for such Doctrine they would scarce be able to abide it There is a Meum and a Tuum in Christian Commonwealths and according to Laws and Customs Princes may dispose of it that saying being true Ad Reges potestas omnium pertinet ad singulos proprietas To the seventh Page 14. Pius Quintus was dead before the year One thousand five hundred and eighty They make no Reply but mend it in the Printed Book changing it into Gregory the Thirteenth To the last in the same Page weigh it well How this Loan may be called a Tribute and when it is said We are promised shall not be immoderately imposed How that agreeth with his Majesties Commission and Proclamation which are quoted in the Margent
other men of good sort but of lesser quality I have heard some by name to whom exception hath been taken and these are three I know from the Court by a Friend that my House for a good space of time hath been watched and I marvel that they have not rather named sixty then three The first of these is Sir Dudley Diggs a very great Mote in the Dukes Eye as I am informed for it is said That this Knight hath paid him in Parliament with many sharp Speeches If this be so yet what is that to me he is of age to answer for himself But in the time of the late Parliament when the Earl of Carlile came unto me and dealt with me thereabout I gave him my word and I did it truly That I was not acquainted with these things onely being sick as I was I had in general given him advice That he should do nothing that might give just offence to the King and I have credibly heard that when Sir Dudley was last in the Fleet committed from the Council Table he was much dealt withal to know Whether he was not instigated by me to accuse the Duke in Parliament The Knight with all the Protestations and Assurances that could come from a Gentleman acquitted me of the part and whole wherein he did me but right And I do remember when that man now so hated was a great Servant of the Dukes So that if he have now lost him it cannot but be presumed that it is for some unworthy carriage which the Gentleman conceiveth hath by that Lord been offered unto him Moreover How can I but imagine the words and actions of Sir Dudley Diggs have been ill interpreted and reported When I my self saw the Duke stand up nine times in a morning in the Parliament House to fasten upon him words little less if at all less then Treason when by the particular Votes of all the Lords and Commons in both Houses he was quit of those things which the other would have enforced upon him And a little while before he was hastily clapt into the Tower and within a day or two released again because nothing was proved against him And I assure you I am so little interessed in his actions That to this day I could never learn the reason why he was imprisoned in the Fleet although he was kept there for Seven or eight weeks I distinguish the King from the Duke of Buckingham the one is our Soveraign by the Laws of God and Men the other a Subject as we are And if any Subject do impeach another though of different degrees let the party grieved remedy himself by Law and not by Power But to speak further for this Knight I may not forget when he was publickly employed one time to the Hague a second time to Muscovia and thirdly into Ireland about Affairs of the State such opinion was then held of his good endeavors And for mine own part ever since the days of Queen Elizabeth I have been nearly acquainted with him he was my Pupil at Oxford and a very towardly one and this knowledge each of other hath continued unto this time He calleth me Father and I term his Wife my Daughter his eldest Son is my God-son and their Children are in love accounted my Grand-children The second that I have heard named was Sir Francis Harrington a Gentleman whom for divers years I have not seen and who for ought I know was never in my house but once in his life The third was Sir Thomas Wentworth who had good occasion to send unto me and some times to see me because we were joynt Executors to Sir George Savile who married his Sister and was my Pupil at Oxford to whose Son also Sir Thomas Wentworth and I were Guardians as may appear in the Court of Wards and many things passed between us in that behalf yet to my remembrance I saw not this Gentleman but once in these Three quarters of a year last past at which time he came to seek his Brother-in-law the Lord Clifford who was then with me at Dinner at Lambeth For one of the punishments laid upon me it was told me by the Lord Conway That I must meddle no more with the High Commission and accordingly within a few days after a Warrant is sent to the Attorney General that the Commission must be renewed and the Archbishop must be left out This under hand being buzzed about the Town with no small mixture of spight I conceived it to be agreeable to the proceedings with the Lords and Gentlemen which refused to contribute to the Loan they all being laid aside in the Commissions for Lieutenancy and the Peace in their several Countreys For my part I had no cause to grieve at this since it was his Majesties pleasure but it was by the actors therein understood otherwise they supposing that this power gave me the more Authority and Splendor in the Church and Common-wealth To deliver therefore truly the state of this Question It cannot be denied but that it was a great point of policy for the establishing of Order in the Ecclesiastical and consequently Civil Estate also to erect such a Court whereby Church-men that exorbitated in any grievous manner might be castigated and rectified and such sort of crimes in the Layety might be censured as were of Ecclesiastical Cognisance And verily this is of great use in the Kingdom as well for cherishing the Study of the Civil Law as otherwise So that it be kept incorruptible and with that integrity as so grave a Meeting and Assembly requireth That was principally my care who took much pains and spent much money that in fair and commendable sort Justice was indifferently administred to all the Kings people that had to do with us But every one might see that this was to my singular trouble for besides that to keep things in a streight course sometimes in fits of the Gout I was forced by my Servants to be carried into the Court where I could not speak much but with difficulty I was at no time free from Petitions from Examinations from signing of Warrants to call some to release others from giving way to speeding and forwarding Acts of Courts Suitors as their fashion is being so importunate as that in Summer and Winter in the day and in the night in sickness and health they would not be denied These things were daily dispatched by me out of Duty and more out of Charity no allowance being of pay from the King or of Fee from the Subject to us that were the Judges Nay I may say more the holding of that Court in such sort as I did was very expenceful to me out of my private Purse in giving weekly entertainment to the Commissioners the reason whereof was this King Iames being desirous when he made me Archbishop that all matters should gravely and honorably be carried directed me that I should always call
it was only commanded unto me to put such and such things in execution but I never understood any thing of the Councel whereby I might give my Judgment how fit or unfit they were or might speak to alter the Tenure whereunto in former times I had been otherwise used Variety of Reasons breedeth variety of Actions For the matter of the Loan I knew not a long time what to make of it I was not present when the Advice was taken I understood not what was the Foundation whereupon the Building was raised neither did ever any of the Council acquaint me therewith I saw on the one side the Kings necessity for Money and especially it being resolved that the Wat should be pursued And on the other side I could not forget that in the Parliament great Sums were offered if the Petitions of the Commons might be hearkened unto It ran still in my mind That the old and usual way was best That in Kingdoms the harmony was sweetest where the Prince and the People tuned well together That whatsoever pretence of Greatness he was but an unhappy man that set the King and the Body of the Realm at division That the People though not fit to be too much cockered yet are they that must pray that must pay that must fight for their Princes That it could not be but a Man so universally hated in the Kingdom as the Duke was must for the preservation of himself desperately adventure on any thing if he might be hearkened unto These Meditations I had with my self and God knoweth I frequently in my prayers did beg That he whom these things did most concern would seriously think upon them It ran in my mind that this new Device for Money could not long hold out That then we must return into the High-way whither it were best to retire our selves betimes the shortest Errors being the best But these thoughts I suppressed within my soul neither did I ever discourage any man from Lending nor encourage any man to hold back Which I confidently avouch At the opening of the Commission for the Loan I was sent for from Croyden It seemed to me a strange thing but I was told there That howsoever it shewed the King would have it so there was no speaking against it I had not heard that men throughout the Kingdom should lend Money against their will I knew not what to make of it But when I saw in the Instructions the Refusers should be sent away for Soldiers to the King of Denmark I began to remember Urias that was sent in the Forefront of the Battel and to speak truth I durst not be tender in it And when afterwards I saw that men were to be put to their Oath With whom they had had Conference and whether any did disswade them And yet further beheld that divers were to be imprisoned I thought this was somewhat a New world Yet all this while I swallowed my own spittle and spake nothing of it to any man Nay when after some trial in Middlesex the first Sitting was for Surrey in my House at Lambeth and the Lords were there assembled with the Justices of the whole County I gave them entertainment in no mean fashion And I sate with them albeit I said nothing for the confusion was such that I knew not what to make of it Things went on every day and speech was of much Money to be raised out of some Counties yet afterwards it was not so readily paid as preferred and at length some refused even in London it self and Southwark besides many Gentlemen of special rank and some Lords as it was said And though it was reported that they were but a contemptible company yet the Prisons in London demonstrated that they were not a very few but persons both of note and number The Judges besides concurring another way That they could not allow the Legality of the Demand and the Enforcement that is used thereupon did somewhat puzzle me for being too busie in promoting of that for which I might one day suffer Yet hitherto I remained silent hoping that time would break that off which was almost come to an absolute period But in stead of this by the permission of God I was called up to the King to look clearly into the Question When the Allowance of Sibthorp's Pamphlet was put upon me I then had some reason out of the grounds of that Sermon to fear and I pray God that my fear was in vain that the Duke had a purpose to turn upside down the Laws and the whole Fundamental Courses and Liberties of the Subject and to leave us not under the Statutes and Customs which our Progenitors enjoyed but to the pleasure of Princes of whom as some are gentle and benign so some others to ingrâ—at themselves might strain more then the string will bear Besides now it came in my heart that I was present at the Kings Coronation where many things on the Princes part were solemnly promised which being observed would keep all in order and the King should have a loving and faithful people and the Commons should have a a kinde and gracious King The contemplation of these things made me stay my Judgment not any unwillingness to do my Prince any dutiful service whom I must and do honor above all the Creatures in the world and will adventure as far for his true good as any one whatsoever But I am loth to plunge my self so over head and ears in these difficulties that I can neither live with quietness of conscience nor depart out of the world with good fame and estimation And perhaps my Soveraign if hereafter he looked well into this Paradox would of all the world hate me because one of my profession age and calling would deceive him and with base flattery swerve from the truth The hearts of Kings are in the hand of God and he can turn them as the rivers of water I draw to a conclusion Only repute it not amiss because so much falleth in here to observe a few words of the Duke of Buckingham not as now he is but as he was in his rising I say nothing of his being in France because I was not present and divers others there be that remember it well but I take him at his first repair to Court King Iames for many insolencies grew weary of Somerset and the Kingdom groaning under the Triumvirate of Northampton Suffolk and Somerset though Northampton soon after died was glad to be rid of him We could have no way so good to effectuate that which was the common desire as to bring in another in his room One nail as the Proverb is being to be driven out by another It was now observed that the King began to cast his eye upon George Villiers who was then Cup-bearer and seemed a modest and courteous Youth But King Iames had a fashion that he would never admit any to nearness about himself but such a one as
spits and spues out its own rankor and venom You remember how that famous and immortal Statesman the Count of Gondomar fed King James his fancy and rocked him asleep with the soft and sweet sound of Peace to keep up the Spanish Treaty Likewise we were much bound to some Statesmen of our own Country for gaining time by procuring those most advantagious Cessations of Arms in the Palatinate and advancing the Honor and Integrity of the Spanish Nation and vilifying the Hollanders remonstrating to King James That that State was most ungrateful both to his Predecessor Queen Elizabeth and his Sacred Majesty That the States were more obnoxious then the Turk and perpetually injured his Majesties loving Subjects in the East-Indies and likewise they have usurped from his Majesty the Regality and unvaluable profit of the Narrow-Seas in fishing upon the English Coast c. This great Statesman had but one principal means to further their great and good designs which was to set on King James that none but the Puritan-Faction which plotted nothing but Anarchy and his Confusion were averse to this most happy Union We steered on the same Course and have made great use of this Anarchical Election and have prejudicated and anticipated the Great one that none but the Kings Enemies and his are chosen of this Parliament c. We have now many strings to our Bow and have strongly fortified our Faction and have added two Bulwarks more For when King James lived you know he was very violent against Arminianism and interrupted with his pestilent Wit and deep Learning our strong Designs in Holland and was a great Friend to that old Rebel and Heretick the Prince of Orange Now we have planted that Soveraign Drug Arminianism which we hope will purge the Protestants from their Heresie and it flourisheth and bears fruit in due season The Materials which build up our Bulwark are the Projectors and Beggers of all ranks and qualities Howsoever both these Factions cooperate to destroy the Parliament and to introduce a new species and form of Government which is Oligarchy Those serve as direct Mediums and Instruments to our end which is the Universal Catholick Monarchy Our foundation must be Mutation and Mutation will cause a Relaxation which will serve as so many violent diseases as the Stone Gout c. to the speedy distraction of our perpetual and insufferable anguish of body which is worse then death it self We proceed now by Councel and mature deliberation how and when to work upon the Duke's Iealousie and Revenge And in this we give the honor to those which merit it which are the Church-Catholicks There is another matter of Consequence which we take much into our consideration and tender care which is to slave off the Puritans that they hang not in the Duke's ears They are impudent subtile people And it is to be feared lest they should negotiate a Reconciliation between the Duke and the Parliament T is certain the Duke would gladly have reconciled himself to the Parliament at Oxford and Westminster But now we assure our selves we have so handled the matter that both Duke and Parliament are irreconcileable For the better prevention of the Puritans the Arminians have already locked up the Duke's ears And we have those of our own Religion which stand continually at the Duke's Chamber to see who goes in and out We cannot be too circumspect and careful in this regard I cannot choose but laugh to see how some of our own Coat have accoutred themselves you would scarce know them if you saw them And 't is admirable how in speech and gesture they act the Puritans The Cambridge-Scholars to their woful experience shall see we can act the Puritans a little better then they have done the Jesuites They have abused our sacred Patron Saint Ignatius in jest but we will make them smart for it in earnest I hope you will excuse my merry digression For I confess unto you I am at this time transported with joy to see how happily all Instruments and means as well great as less cooperate unto our purposes But to return unto the main Fabrick Our foundation is Arminianism The Arminians and Projectors as it appears in the premisses affect mutation This we second and enforce by probable Arguments In the first place we take into consideration the Kings honor and present necessity and we shew how the King may free himself of his Ward as Lewis the Eleventh did And for his great splendor and lustre he may raise a vast Revenue and not be beholden to his Subjects which is by way of Imposition of Excise Then our Church-Catholicks proceed to shew the means how to settle this Excise which must be by a Mercenary Army of Horse and Foot For the Horse we have made that sure They shall be Foreiners and Germans who will eat up the Kings Revenues and spoil the Country wheresoever they come though they should be well paid What havock will they make there when they get no Pay or are not duly paid They will do more mischief then we hope the Army will do We are provident and careful that this Mercenary Army of Two thousand Horse and Twenty thousand Foot shall be taken on and in pay before the Excise be setled In forming the Excise the Country is most likely to rise If the Mercenary Army subjugate the Country then the Soldiers and Projectors shall be paid out of the Confiscations If the Country be too hard for the Soldiers then they must consequently mutiny which is equally advantagious unto us Our superlative design is to work the Protestants as well as the Catholicks to welcom in a Conqueror and that is by this means We hope instantly to dissolve Trades and hinder the building of Shipping in devising probable Designs and putting on the State upon Expeditions as that of Cadiz was in taking away the Merchant Ships so that they may not easily catch and light upon the West-India Fleet c. The Parliament being assembled the Seventeenth day of March His Majesty began with this Speech My Lords and Gentlemen THese Times are for Action Wherefore for Examples sake I mean not to spend much time in Words expecting accordingly that your as I hope good Resolutions will be speedy not spending time unnecessarily or that I may better say dangerously For tedious Consultations at this conjuncture of time are as hurtful as ill Resolutions I am sure you now expect from me both to know the cause of your meeting and what to resolve on Yet I think there is none here but knows that Common danger is the cause of this Parliament and that Supply at this time is the chief end of it So that I need but point to you what to do I will use but few perswasions For if to maintain your own Advices and as now the case stands for the following thereof the true Religion Laws and Liberties of this State and the just Defence of our true
the Judges justly refused it but if the Judges did intend it we sit not here said he to answer the trust we are sent for if we present not this matter to his Majesty Let this business be further searched into and see how this Judgement lies against us and what the Judges do say concerning the same Sir Edw. Cook proceeded and said This Draught of the Judgement will sting us quia nulla causa fuit ostenta being committed by command of the King therefore he must not be bailed What is this but to declare upon Record that any Subject committed by such absolute command may be detained in Prison for ever What doth this tend to but the utter subversion of the choise Liberty and Right belonging to every free-born Subject of this Kingdom I fear were it not for this Parliament that followed so close after that form of Judgement was drawn up there would have been hard putting to have had it entred But a Parliament brings Judges Officers and all men in good order The Commons afterwards upon further debates of this matter desired that the Judges of the Kings-Bench might declare themselves concerning this business which was done accordingly and though it be a little out of time yet for coherence sake we bring it in here Judge Whitlock spake thus My Lords We are by your appointment here ready to clear any Aspersion of the House of Commons in their late presentment upon the Kings-Bench that the Subject was wounded in the Judgement there lately given If such a thing were My Lords your Lordships not they have the power to question and judge the same But My Lords I say there was no Judgement given whereby either the Prerogative might be enlarged or the Right of the Subject trenched upon It is true my Lords in Mich Tearm last four Gentlemen Petitioned for a Habeas Corpus which they obtained and Counsel was assigned unto them the Return was per speciale mandatum Domini Regis which likewise was made known to us under the Hands of Eighteen Privy-Councellors Now my Lords if we had delivered them presently upon this it must have been because the King did not shew cause wherein we should have judged the King had done wrong and this is beyond our knowledge for he might have committed them for other matters then we could have imagined but they might say thus they might have been kept in Prison all their dayes I answer no but we did remit them that we might better advise of the matter and they the next day might have had a a new Writ if they had pleased But they say we ought not to have denied bail I answer if we had done so it must needs have reflected upon the King that he had unjustly imprisoned theâ— And it appears in Dyer 2 Eliz. that divers Gentlemen being commâ—â—â—d and requiring Habeas Corpus some were bailed others remitted whereby it appears much is left to the discretion of the Judges For that which troubleth so much remittitur quousque This my Lords was onely as I said before to take time what to do and whereas they will have a difference between remittitur remittitur quousque My Lords I confess I can finde none but these are new inventions to trouble old Records And herein my Lords we have dealt with knowledge and understanding for had we given a Judgement the party must thereupon have rested every Judgement must come to an issue in matter in fact or demur in point of Law here is neither therefore no Judgement For endeavoring to have a Judgement entred it is true Mr Attorney pressed the same for his Majesties Servies But we having sworn to do right between his Majesty and his Subjects commanded the Clerk to make no Entry but according to the old form and the Rule was given by the Chief Justice alone I have spent my time in this Court and I speak confidently I did never see nor know by any Record that upon such a Return as this a man was bailed the King not first consulted with in such a Case as this The Commons House do not know what Letters and Commands we receive for these remain in our Court and are not viewed by them For the rest of the matters presented by the House of Commons they were not in agitation before us whether the King may commit and how long he may detain a man committed Therefore having answered so much as concerneth us I desire your Lorships good Construction of what hath been said Judge Doderidge concerning the same Subject said It is no more fit for a Judge to decline to give an accompt of his doings then for a Christian of his Faith God knoweth I have endeavored alwayes to keep a good Conscience for a troubled one who can bear The Kingdom holds of none but God and Judgements do not pass privately in Chambers but publickly in Courts where every one may hear which causeth Judgement to be given with maturity Your Lordships have heard the Particulars given by my brother how that Counsel being assigned to those four Gentlemen in the latter end of Mich. Term their Cause received hearing and upon consideration of the Statutes and Records we found some of them to be according to the good old Law of Magna Charta but we thought that they did not come so close to this Case as that bail should be thereupon presently granted My Lords the Habeas Corpus consisteth of three parts The Writ the Return upon the Writ or Schedule and the Entry or Rule reciting the Habeas Corpus and the Return together with the opinion of the Court either a remittitur or a traditur in Ballium In this Case a remittitur was granted which we did that we might take better advisement upon the Case and upon the remittitur My Lords they might have had a new Writ the next day and I wish they had because it may be they had seen more and we had been eased of a great labour And my Lords when the Attorney upon the Remittitur pressed an Entry we all straitly charged the Clerk that he should make no other Entry then such as our Predecessors had usually made in like Cases For the difference between Remittitur and Remittitur quousque I could never yet finde any I have now sate in this Court 15 years and I should know something surely if I had gone in a Mill so long dust would cleave to my clothes I am old and have one foot in the Grave therefore I will look to the better part as near as I can But Omina habere in memoria in nullo errare Divinum potius est quà m humà num The Lord Chief Justice Hide and Justice Iones delivered their opinions much to the same purpose The House proceeded in further debate of the Liberty of the Subject Mr Hackwel resumes the Debate of the matter concerning the Habeas Corpus The late Judgement said he which lies in Bar is
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort and strong hopes that this will prove as happy a Parliament as ever was in England And in their Consultations for the service of his Majesty and the safety of this Kingdom our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great wisdoms they doubt not have considered a great Body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient Order of their House But it is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded cannot but work in our hearts and we will faithfully report these Passages to our House from whence in due time we hope your Lordships shall receive a contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
of the Kings Bench this Law will not bend and when it lights on Subjects fitting if it do not bend it is unjust And there comes in the Law of the Chancery and of Equity this is Application of Law in private mens Causes when it comes to Meum tuum And thus the general Government of Cases with relation to the common State of the Kingdom is from the Council Board and there they are to vary from the Law of the Kingdom Suppose it be in time of Dearth Propriety of Goods may in that time be forced and be brought to the Market We saw the experience of it in Coals in London and the Council Board caused them to be brought forth and sold. In a time of Pestilence men may be restrained If a Schism be like to grow in a Church the State will enquire after the favorers of it if there be feaâ— of Invasion and it be encouraged by hope of a Party amongst us it is in the power of Government to restrain men to their houses In the Composure of these things there is great difference What differences have been between the Courts of Chancery and Kings Bench It is hard to put true difference between the Kings Prerogative and our Liberties His Majesty saw expence of time would be prejudicial it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties let us attend to all the parts of it there be Five Degrees and there is more assurance then we could have by any Law whatsoever His Majesty declares That Magna Charta and the other Statutes are in force This is not the first time that the Liberty of the Subject was infringed or was in Debate and confirmed all times thought it safe that when they came to a Negative of Power it was hard to keep Government and Liberty together but his Majesty stopped not there but according to the sense of these Laws That he will govern his Subjects in their just Liberties he assures us our Liberties are just they are not of Grace but of Right nay he assures us he will govern us according to the Laws of the Realm and that we shall finde as much security in his Majesties Promise as in any Law we can make and whatsoever Law we shall make it must come to his Majesties allowance and if his Majesty finde cause in his Government he may not put life to it We daily see all Laws are broken and all Laws will be broke for the Publique good and the King may pardon all Offenders his Majesty did see that the best way to settle all at unity is to express his own heart The Kings heart is the best guarder of his own promise his promise is bound with his heart What Prince can express more care and wisdom Lastly he saith That hereafter ye shall never have the like cause to complain May we not think the breach is made up is not his Majesty ingaged in his Royal word The conclusion is full of weight and he prayes God that as God hath blessed this Kingdom and put it into his heart to come amongst us so to make this day successful The wrath of a King is like the roaring of a Lyon and all Laws with his wrath are to no effect but the Kings favour is like to the dew of the grass there all will prosper and God made the Instruments to unite all hearts His Majesty having thus discharged himself he prayes us to proceed to the business that so much concerns him As his Majesty hath now shewed himself the best of Kings let us acknowledge his Majesties goodness and return to that Union which we all desire But this motion was not received with general acceptation and Sir Benjamin Rudyard replyed to it in these words WE are now upon a great business and the maner of handling it may be as great as the business it self Liberty is a precious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for mine own part I am clear without scruple that what we have resolved is according to the Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him ere now out of all question the very scope and drift of Magna Charta was to reduce the Regal to a Legal Power in matter of Imprisonment or else it had not been worthy so much contending for It is true That the King ought to have a trust reposed in him God forbid but he should and I hope it is impossible to take it from him for it lies not in the wit of man to devise such a Law as shall comprehend all particulars all accidents but that extraordinary Causes may happen which when they come if they be disposed of for the common good there will be no Law against them yet must the Law be general for otherwise Admissions and Exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of Nature to govern the ordinary course of things he hath made no Law for Miracles yet there is this observation of them that they are rather praeter naturam then contra naturam and always propter bones fines So the Kings Prerogatives are rather besides the Law then against it and when they are directly to their ends for the publique good they are not onely concurring Laws but even Laws in singularity and excellency But to come nearer let us consider where we are now what steps we have gone and gained The Kings learned Councel have acknowledged all the Laws to be still in force the Judges have not allowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolutions intire and without prejudice All this hitherto is for our advantage but above all his Majesty hath this day himself being publiquely present declared by the mouth of the Lord Keeper before both the Houses That Magna Charta and the other six Statutes are still in force That he will maintain his Subjects in the Liberties of their Persons and Proprieties of their Goods That he will govern them according to the Laws of the Kingdom this is a solemn and binding satisfaction expressing his gracious readiness to comply with his people in their reasonable and just desires The King is a good Man and it is no diminution to a King to be called so for whosoever is a good Man shall be greater then a King that is not so The King certainly is very tender of his present Honor and of his Fame hereafter He will think it hard to have a worse mark set upon him then upon any of his Ancestors by extraordinary restraints His Majesty hath already intimated unto us by a Message That he doth willingly give way to have the abuse of Power reformed by which I
do verily believe he doth very well understand what a miserable power it is which hath produced so much weakness to Himself and to the Kingdom And it is one happiness that he is so ready to redress it For mine own part I shall be very glad to see that old decrepite Law Magna Charta which hath been so long kept and lien bed-rid as it were I shall be glad to see it walk abroad again with new vigor and lustre attended and followed with the other six Statutes questionless it will be a great heartning to all the people I doubt not but upon a debating conference with the Lords we may happily fall upon a fair fit accommodation concerning the Liberty of our Persons and Propriety of our Goods I hope we may have a Bill to agree in the point against imprisonment for Loans or privy Seals As for intrinsecal power and reason of State they are matters in the Clouds where I desire we may leave them and not meddle with them at all left by the way of admittance we may lose somewhat of that which is our own already Yet this by the way I will say of reason of State That in the latitude by which 't is used it hath eaten out almost not onely the Laws but all the Religion of Christendom Now I will onely remember you of one Precept and that of the wisest man Be not over wise be not over just and he gives his reason for why wilt thou be desolate If Justice and Wisdom may be stretcht to desolation let us thereby learn that Moderation is the Vertue of Vertues and Wisdom of Wisdoms Let it be our Master-piece so to carry the business that we may keep Parliaments on foot For as long as they be frequent there will be no irregular Power which though it cannot be broken at once yet in short time it will be made and mouldred away there can be no total or final loss of Liberties as long as they last What we cannot get at one time we shall have at another Upon this debate it was ordered That a Committee of Lawyers do draw a Bill containing the substance of Magna Charta and the other Statutes that do concern the Liberty of the Subject which business took up two whole days Thursday the first of May. MAster Secretary Cook delivers a Message from his Majesty viz. to know whether the House will rest on his Royal Word or no declared to them by the Lord Keeper which if they do he assures them it shall be Royally performed Upon this there was a silence for a good space Then Mr. Secretary Cook proceeded This silence invites me to a further Speech and further to address my self Now we see we must grow towards an issue for my part how confident I have been of the good issue of this Parliament I have certified in this place and elsewhere and I am still confident therein I know his Majesty is resolved to do as much as ever King did for his Subjects All this Debate hath grown out of the sense of our Sufferings and a desire of making up again those Breaches that have been made Since this Parliament begun hath there been any dispence made of that which hath formerly been done when means were denied his Majesty being a yong King and newly come to his Crown which he found ingaged in a War what could we expect in such Necessities His Majesty called this Parliament to make up the Breach His Majesty assures us we shall not have the like cause to complain He assures the Laws shall be established what can we desire more all is that we provide for Posterity and that we do prevent the like suffering for the future Were not the same means provided by them before us can we do more we are come to the Liberty of the Subjects and the Prerogative of the King I hope we shall not adde any thing to our selves to depress him I will not divine I think we shall finde difficulty with the King or with the Lords I shall not deliver my opinion as Counsellor to his Majesty which I will not justifie and say here or at the Councel Board Will we in this necessity strive to bring our selves into a better Condition and greater Liberty then our Fathers had and the Crown into a worse then ever I dare not advise his Majesty to admit of that if this that we now desire be no Innovation it is all contained in those Acts and Statutes and whatsoever else we would adde more is a diminution to the Kings Power and an addition to our own We deal with a wise and prudent Prince that hath a Sword in his hand for our good and this good is supported by Power Do not think that by Cases of Law and Debate we can make that not to be Law which in experience we every day finde necessary make what Law you will if I do discharge the place I bear I must commit men and must not discover the Cause to any Jaylor or Judge if I by this Power commit one without just Cause the burthen falls heavy on me by his Majesties displeasure and he will remove me from my place Government is a solid thing and must be supported for our good Sir Robert Philips hereupon spake this That if the words of Kings strike impressions in the hearts of Subjects then do these words upon this occasion strike an impression into the hearts of us all to speak in a plain language we are now come to the end of our journey and the well disposing of an Answer to this Message will give happiness or misery to this Kingdom Let us set the Commonwealth of England before the eyes of his Majesty that we may justifie our selves that we have demeaned our selves dutifully to his Majesty And so the day following they had further Debate upon that matter the House being turned into a Grand Committee and Mr. Herbert in the Chair Some say that the Subject has suffered more in the violation of ancient Liberties within these few years then in Three hundred years before and therefore care ought to be taken for the time to come Sir Edward Cook said That that Royal word had reference to some Message formerly sent his Majesties word was That they may secure themselves any way by Bill or otherwise he promised to give way to it and to the end that this might not touch his Majesties Honor it was proposed that the Bill come not from the House but from the King We will and grant for us and our Successors and that we and our Successors will do thus and thus and it is the Kings Honor he cannot speak but by Record Others desired the House to consider when and where the late promise was made was it not in the face of both Houses Cruel Kings have been careful to perform their promises yea though they have been unlawful as Herod Therefore if we rest upon his Majesties promise
know the Kings Message come into a Bill of Subsidies all succeeding Kings will say Ye must trust me as well as you did my Predecessors and trust my Messages but Messages of love never came into a Parliament Let us put up a Petition of Right Not that I distrust the King but that we cannot take his trust but in a Parliamentary way On Thursday 8º Maii the Petition of Right was finished and the Clause of Martial Law was added unto it and it was delivered to the Lords at a Conference for their Concurrence the which Conference was managed by Sir Edward Cook and the same day as to the matter of supply ordered that the two first Subsidies should be paid 10º of Iuly one more 12º of October another on 20º of Decemb. and the last of 1º of March AT the Conference Sir Edward Cook thus expressed himself My Lords it is evident what necessity there is both in respect of your selves and your Posterities to have good success of this business We have acquainted your Lordships with the Reasons and Arguments and after we have had some conference we have received from your Lordships Propositions and it behoves me to give your Lordships some reasons why you have not heard from us before now for in the mean time as we were consulting of this weighty Business we have received divers Messages from our great Soveraign the King and they consisted of five Parts 1. That his Majesty would maintain all his Subjects in their just freedom both of their Persons and Estates 2. That he will govern according to his Laws and Statutes 3. That we should find much confidence in the Royal Word I pray observe that 4. That we shall enjoy all our Rights and Liberties with as much freedom as ever any Subjects have done in former times 5. That whether we shall think it fit either by Bill or otherwise to go on in this great Business his Majesty would be pleased to give way to it These gracious Messages did so work upon our affections that w◠have taken them into deep consideration My Lords when we had these Messages I deal plainly for so I am commanded by the House of Commons we did consider what way we might go for our more secure way nay yours we did think it the safest way to go in a Parliamentary course for we have a Maxim in the House of Commons and written on the Walls of our House That old ways are the safest and surest ways And at last we did fall upon that which we did think if that your Lordships did consent with us it is the most ancient way of all and that is my Lords via fausta both to Majesty to your Lordships and to our selves for my Lords this is the greatest Bond that any Subject can have in open Parliament Verbum Regis this is an high point of Honor but this shall be done by the Lords and Commons and assented to by the King in Parliament this is the greatest Obligation of all and this is for the Kings Honor and our Safety Therefore my Lords we have drawn a Form of a Petition desiring your Lordships to concur with us therein for we do come with an unanimous consent of all the House of Commons and there is great reason your Lordships should do so for your Lordships be involved in the same danger And so I have done with the first part and I shall now desire your Lordships leave that I may read that which I have so agreed on Here the Petition of Right was read but we forbear to insert it as yet because there were propositions for alteration and it is not perfect till the Royal assent be given to it From the Eighth to the Twelfth of May all Publique businesses were laid aside On Monday the Twelfth the Lords had a Conference with the Commons where the Lord Keeper made this Speech Gentlemen of the House of Commons MY Lords having a most affectionate desire to maintain that good concurrence that in this Parliament and others hath been of late between both Houses desired this Conference to acquaint you how and in what maner they have proceeded in the Petition of Right that came from this House and to let you know that assoon as they received it they with all care and expedition they possibly could addressed themselves to consider thereof and after good time spent in Debate in the whole House they made a Committee to consider whether retaining of the substance of the Petition there might not be some words altered or put in to make it more sweet to procure it a passable way to his Majesty we know this must be Crowned by the King and good must come to all the Kingdom by this course now taken The Committee hath met and hath propounded some small matters to be altered in some few words to make it passable and not in substance And the Lords having this Reported from their Committee and heard it read in their House resolved of nothing till they have your consent yet they think it fitter to have it propounded to you to consider whether there should be any alteration or no and how the propounded alterations may stand with your liking Concerning the Commitment by the King and the Councel without expressing the cause it was resolved by the Lords to debate it this morning and assoon as they should have debated it they purposed to have your concurrence with them before they resolved it but at instant when they thought to have debated it they received a Letter from his Majesty which they conceive will give a satisfaction to both Houses in the main point My Lords desiring to keep that good concurrence begun desired to communicate that Letter unto you that you might take the same into your considerations as they mean to do themselves This Letter is to be read unto you To the right Trusty and right well-beloved the Lords Spiritual and Temporal of the higher House of Parliament Carolus Rex WE being desirous of nothing more then the advancement of the Peace and Prosperity of our People have given leave to free Debate upon the highest Points of our Prerogative Royal which in the time of our Predecessors Kings and Queens of this Realm were ever restrained as matters that they would not have discussed and in other things we have been willing so far to descend to the desires of our good Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies which those Messages which we have heretofore sent into the Commons House will well demonstrate unto the world yet we finde it still insisted upon that in no case whatsoever should it never so nearly concern matters of State or Government we or our Privy Council have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service it self would thereby be destroyed and defeated and the cause
alledged must be such as may be determined by our Iudges of our Courts of Westminster in a Legal and ordinary way of Iustice whereas the Causes may be such as those Iudges have not capacity of Iudicature nor Rules of Law to direct and guide their Iudgement in cases of that transcendent nature which hapning so often the very incroaching on that constant Rule of Government for so many ages within this Kingdom practised would soon dissolve the very Foundation and Frame of our Monarchy Wherefore as to our Commons we made fair Propositions which might equally preserve the just Liberty of the Subject so my Lords we have thought good to let you know that without the overthrow of Soveraignty we cannot suffer this Power to be impeached notwithstanding to clear our conscience and just intentions this we publish That it is not in our heart nor will we ever extend our Royal Power lent unto us from God beyond the just rule of Moderation in any thing which shall be contrary to our Laws and Customs wherein the safety of our People shall be our onely aim And we do hereby Declare our Royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain That neither we nor our Privy Council shall or will at any time hereafter commit or command to Prison or otherwise restrain the persons of any for not lending Money to us nor for any cause which in our conscience doth not concern the publique good and safety of us and our people we will not be drawn to pretend any cause wherein our judgement and conscience is not satisfied with base thoughts we hope no man can imagine will fall into our Royal breast and that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or address of our Iudges unto us readily and really express the true cause of their Commitment or Restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed and that in all Causes Criminal of ordinary Iurisdiction our Iudges shall proceed to the Deliverance or Bailment of the Prisoner according to the known and ordinary Rules of the Laws of this Land and according to the Statute of Magna Charta and those other Six Statutes insisted upon which we do take knowledge stand in full force and which we intend not to abrogate and weaken against the true intention thereof This we have thought fit to signifie the rather to shorten any long Debate upon this great question the season of the year being so far advanced and our great Occasions of State not lending many more days for longer continuance of this Session of Parliament Given under our Signet at our Palace at Westminster 20º Maii the Fourth year of our Reign The same day the Kings Letter was communicated to the House of Commons they laid it aside and Sir Thomas Wentworth said it was a Letter of Grace but the people will onely like of that which is done in a Parliamentary way besides the Debate of it would spend much time neither was it directed to the House of Commons and the Petition of Right would clear all mistakes For said he some give out as if the House went about to pinch the Kings Prerogative But the further Debate of this matter took up several days May 17. the Lords propounded at a Conference an Addition to be made to the Petition of Right which was delivered by the Lord Keeper to this purpose THat whereas at the late Conference of both Houses there were some things propounded that came from their Lordships out of a desire the Petition might have the easier passage with his Majesty not intending to violate in any maner the substance of the Petition but it was then thought fit that there was another part of the Petition of as great importance and weight My Lords since the time of that Conference have imployed themselves wholly to reduce the Petition to such a frame and order that may give both to you and them hope of acceptance And after many deliberations and much advice taken my Lords have resolved to represent to you something which they have thought upon yet not as a thing conclusive to them or you and according to their desires having mentioned it in the beginning have held it fit to conclude of nothing till that you be made acquainted with it and that there may be a mature advisement between you and them so that there may be the happier conclusion in all their business This being the determination of the Lords that nothing that is now offered unto you should be conclusive yet they thought it convenient to present it unto you This alteration and not alteration but addition which they shall propound unto you to be advised and conferred upon which is no breach of the frame they think it meet if it shall stand with your liking to be put in the conclusion of the Petition which I shall now read unto you WE present this our humble Petition to your Majesty with the care not onely of preserving our own Liberties but with due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People This is the thing the Lords do present unto you this subject of this Conference concerning the adding of this in the conclusion of the Petition and that they know that this is new and that you cannot presently give an answer to it therefore they desire that you do with some speed consider of it and their Lordships will be ready this afternoon This Addition produced several Speeches LEt us look said he into the Records and see what they are what is Soveraign Power Bodin saith That it is free from any Condition by this we shall acknowledge a Regal as well as a Legal Power Let us give that to the King that the Law gives him and no more I Am not able to speak to this question I know not what it is All our Petition is for the Laws of England and this Power seems to be another distinct Power from the Power of the Law I know how to adde Soveraign to his Person but not to his Power Also we cannot leave to him Soveraign Power we never were possessed of it WE cannot admit of those words with safety they are applicable to all the parts of our Petition It is in the nature of a Saving and by it we shall imply as if we had incroached on his Prerogative all the Laws we cite are without a Saving and yet now after the violation of them we must adde a Saving Also I have seen divers Petitions and where the Subject claimed a Right there I never saw a Saving of this nature THis is Magnum in parvo this is propounded to be a conclusion of our Petition It is a matter of great weight and to speak plainly it
Liberties of the Subject and of the Crown and that the word Leave was debated amongst them and thereby they meant to give no new but what was before for the words Soveraign Power as he is a King he is a Soveraign and must have Power and he said the words were easier then the Prerogative As for the word that which is a relative and referred to that Power that is for the safety of the People and this said he can never grieve any man being thus published it is not Soveraign Power in general but now in confutation of our Reasons he saith Magna Charta was not with a Saving but said he You pursue not the words in Magna Charta and therefore it needs an addition As for the 28 of E. 3. he said there was a Saving and an ill exposition cannot be made of this and both Houses have agreed it in substance already the Commons did it in a Speech delivered by our Speaker and that we said we have not a thought to incroach on the Kings Soveraignty and why may ye not add it in your Petition Upon this Report Mr. Mason readily spake his opinion in maner following IN our Petition of Right to the Kings Majesty we mentioned the Laws and Statutes by which it appeared That no Tax Loan or the like ought to be Levied by the King but by common assent in Parliament That no Freeman ought to be imprisoned but by the Law of the Land That no Freeman ought to be compelled to suffer soldiers in his house In the Petition we have expressed the breach of these Laws and desire we may not suffer the like all which we pray as our Rights and Liberties The Lords have proposed an addition to this Petition in these words We humbly present this Petition to your Majesty not onely with a care of our own Liberties but with a due regard to leave intire that Soveraign Power wherewith your Majesty is intrusted for the Protection Safety and Happiness of your People And whether we shall consent unto this addition is the subject of this days discourse and because my Lord Keeper at the conference declared their Lordships had taken the words of the Petition apart I shall do so too The word Leave in a Petition is of the same nature as Saving in a Grant or Act of Parliament when a man grants but part of a thing he saves the rest when he petitions to be restored but to part he leaveth the rest Then in the end of our Petition the word Leave will imply that something is to be left of that or at least with a reference to what we desire The word Intire is very considerable a Conqueror is bound by no Law but hath power dare Leges his Will is a Law and although William the Conqueror at first to make his way to the Crown of England the more easie and the possession of it more sure claimed it by Title but afterward when there were no powerful pretenders to the Crown the title of Conquest to introduce that absolute Power of a Conqueror was claimed and that Statute of Magna Charta and other Statutes mentioned in our Petition do principally limit that Power I hope it is as lawful for me to cite a Jesuit as it is for Doctor Manwaring to falsifie him Suares in his first Book de Legibus Cap. 17. delivered his opinion in these words Amplitudo restrictio potestatis Regum circa ea quae per se mala vel injusta non sunt pendet ex arbitrio hominum ex ambigua conventione vel pacto inter reges regnum And he further expresseth his opinion that the King of Spain was so absolute a Monarch that he might impose Tribute without consent of his people until about Two hundred years since when it was concluded between him and his people that without consent of his people by Proxies he should not impose any Tribute And Suares opinion is That by that agreement the Kings of Spain are bound to impose no Tribute without consent And this Agreement that Author calls a restraining of that Soveraign Power the Statutes then mentioned in our Petition restraining that absolute Power of Conqueror if we recite those Statutes and say we leave the Soveraign Power intire we do take away that restraint which is the vertue and strength of those Statutes and set at liberty the claim of the Soveraign Power of a Conqueror which is to be limited and restrained by no Laws This may be the danger of the word Intire The next word delivered by the Lords as observeable is the particle That because it was said That all Soveraign Power is not mentioned to be left but onely that with which the King is trusted for our Protection Safety and Happiness But I conceive this to be an exception of all Soveraign Power for all Soveraign Power in a King is for the Protection Safety and Happiness of his People If all Soveraign Power be excepted you may easily judge the consequence all Loans and Taxes being imposed by colour of that Soveraign Power The next word is Trusted which is very ambiguous whether it be meant trusted by God onely as a Conqueror or by the people also as King which are to govern also according to Laws ex pacto In this point I will not presume to adventure further onely I like it not by reason of the doubtful Exposition it admits I have likewise considered the Proposition it self and therein I have fallen upon the Dilemma that this addition shall be construed either to refer unto the Petition or not if it do refer unto the Petition it is meerly useless and unnecessary and unbefitting the judgement of this grave and great Assembly to add to a Petition of this weight If it hath reference unto it then it destroys not onely the virtue and strength of our Petition of Right but our Rights themselves for the addition being referred to each part of the Petition will necessarily receive this construction That none ought to be compelled to make any Gift Loan or such like charge without common consent or Act of Parliament unless it be by the Soveraign Power with which the King is trusted for the Protection Safety and Happiness of his People That none ought to be compelled to sojourn or billet Soldiers unless by the same Soveraign Power and so of the rest of the Rights contained in the Petition And then the most favorable construction will be that the King hath an ordinary Prerogative and by that he cannot impose Taxes or Imprison that is he cannot impose Taxes at his will to imploy them as he pleaseth but that he hath an extraordinary and transcendent Soveraign Power for the protection and happiness of his people and for such purpose he may impose Taxes or billet Soldiers as he pleaseth and we may assure our selves that hereafter all Loans Taxes and Billeting of Soldiers will be said to be for the Protection Safety and Happiness
things better yet certainly the state and condition of the several parts for which we serve their dispositions and inclinations their apprehensions their fears and jealousies are best known unto us and here I pray your Lordships to give me leave to use the Figure called Reticentia that is to insinuate and intimate more then I mean to speak Our chief and principal end in this Parliament is to make up all Rents and Breaches between the King and his Subjects to draw them and knit them together from that distance whereof the world abroad takes too much notice to work a perfect union and reconciliation how unproperly and unapt at this time this Addition will be in respect of this end we cannot but foresee and therefore shun it and do resolve that it is neither agreeable to the Persons of such Counsellors of whom we are nor answerable to that Love and Duty which we owe to his Majesty to hazard an end of such unspeakable consequence upon the admittance of this Addition into our Petition whereof as we have shewed the omission at this time can by no means harm the Kings Prerogative the expression may produce manifold inconveniences and therefore since this admittance of your Lordships Addition into our Petition is incoherent and incompatible with the body of the same since there is no necessary use of it for the saving of the Kings Prerogative since the moderation of our Petition deserveth your Lordships cheerful conjunction with us since this Addition is unseasonable for the time and inconvenient in respect of the place where your Lordships would have it inserted and lastly may prove a disservice to his Majesty I conclude with a most affectionate Prayer to your Lordships to conclude with the House of Commons in presenting this Petition to his Sacred Majesty as it is without this Addition Monday 26. of May The Lord Keeper made this Speech at a Conference Gentlemen YE that are Knights Citizens and Burgesses of the House of Commons I have many times this Parliament by Command from my Lords declared the great zeal and affection which my Lords have to maintain and nourish the good Concurrence and Correspondency which hath hitherto continued between both Houses that there might be a happy issue in this great business for the common good of the King and Kingdom Now that which I have to say this day from my Lords is to let you know this fair proceeding is not a profession of words onely but really and indeed concerning the Petition which hath been long in agitation as the weight of the cause required since the last Conference my Lords have taken it into their serious and instant consideration and at length are faln upon a Resolution which I am to acquaint you with The Lords have unanimously agreed with you in omnibus and have voted that they will joyn with you in your Petition with the onely alterations of the word means to be put in stead of the word pretext and for the word unlawful to be put out and in place thereof to adde not warrantable by the Laws and Statutes of the Realm which two alterations your selves consented unto So that concerning this business there remains nothing now but that ye having the Petition in your hands will if ye have not already vote it as they have done and so prepare it for his Majesty and my Lords will take order that the King be moved for a speedy access to present the same to his Majesty And after some pause he said There rests one thing which my Lords have commanded me to adde that in regard this Petition toucheth upon certain Charges raised by the Lords Lieutenants and other Persons many times for good use for the service and safety of the Kingdom That ye take it into your Care and Consideration and to provide a Law for assessing of such Charges as the occasion of the time shall require The Lords and Commons being thus happily accorded the Petition with the aforesaid amendments was read in the House two several times together Then it was Voted upon question and that it should be ingrossed and read the third time and the House to sit in the afternoon till it was ingrossed and read and ordered to be presented to the King to which there was not a negative Vote And the Bill of Subsidie was also read the second time and committed Wednesday 28 May the Lords and Commons had a Conference about the maner of delivery of the Petition and Sir Edward Cook reported That their Lordships were agreed that no Addition or Preface be used to the King but that the Petition be preferred to his Majesty by command of the Lords and Commons and his Majesty be desired that to the content of his People he would be pleased to give his gracious Answer in full Parliament About this time Mr. Rouse brought in a Charge against Doctor Ed. Manwaring which some days after was seconded with a Declaration Mr. Speaker I Am to deliver from the Committee a Charge against Mr. Manwaring a Preacher in Divinity but a man so Criminous that he hath turned his Titles into Accusations for the better they are the worse is he that dishonors them Here is a great Charge that lies upon him it is great in it self and great because it hath many great Charges in it Serpens qui serpentem devorat fit draco his Charge having digested many Charges into it becomes a Monster of Charges The main and great one is this Plot and Practise to alter and subvert the Frame and Fabrick of this Estate and Commonwealth This is the great one and it hath others in it that gives it more light To this end 1. He labors to infuse into the Conscience of his Majesty the perswasion of a power not bounding it self with Laws which King James of famous Memory calls in his Speech to the Parliament Tyranny yea Tyranny accompanied with Perjury 2. He endeavors to perswade the Conscience of the Subjects that they are bound to obey Commands illegal yea he damns them for not obeying them 3. He robs the Subjects of the propriety of their Goods 4. He brands them that will not lose this propriety with most scandalous Speeches and odious Titles to make them both hateful to Prince and People so to set a division between the Head and the Members and between the Members themselves 5. To the same end not much unlike to Faux and his fellows he seeks to blow up Parliaments and Parliamentary Powers The fifth being duly viewed will appear to be so many Charges and they make up all the great and main Charge a mischievous Plot to alter and subvert the frame and government of this State and Common-wealth And now though you may be sure that Mr. Manwaring leaves us no propriety in our Goods yet he hath an absolute propriety in this Charge here himself making up his own Charge Here he read several Passages out of his Book and then
special Charge and Direction so soon as the said Fleet or the greatest thereof shall be reassembled and joyned together then presently with the first opportunity of wind taking into his Charge also the Ships stayed and prepared at Portsmouth and Plimouth together with such fire Ships and other Vessels as shall be provided for this expedition to return to Rotchel with all possible diligence and do his best endevor to relieve the same Letting his Lordship know that order is taken for the victualling of the Fleet by Petty warrant so long as it remaineth in Harbor for the sparing and lengthening of the Sea victuals And if it so fall out that the Earl of Denbigh do set forward on his voyage towards Rotchel before the whole Fleet shall be joyned with him we pray your Grace to give him such Direction that he may leave order that the Ships which are behind shall follow him with all speed Monday 2 Iune The King came to the Parliament and spake thus in brief to both Houses Gentlemen I Am come hither to perform my duty I think no man can think it long since I have not taken so many days in answering the Petition as ye spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in me lies After this the Lord Keeper spake as followeth MY Lords and ye the Knights Citizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you That he takes it in good part that in consideration of setling your own Liberties ye have generally professed in both Houses that ye have no intention for to lessen or diminish his Majesties Prerogative wherein as ye have cleared your own intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and a strength to his Majesties Prerogative and his Prerogative a defence of your Liberties in which his Majesty doubts not but both he and you shall take a mutual comfort hereafter and for his part he is resolved to give an example in the using of his power for the preservation of your Liberties that hereafter ye shall have no cause to complain This is the sum of that which I am to say to you from his Majesty And that which further remains is That you hear read your own Petition and his Majesties gracious Answer The Petition Exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or aide shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land and by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common censent in Parliament Yet nevertheless of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have been in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other places and others of them have been therefore Imprisoned Consined and sundry other ways molested and disquieted And divers other charges have been layed and levied upon your People in several Counties by Lords Lieutenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called The great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken or imprisoned or be disseised of his Freeholds or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Iudgement of his Peers or by the Law of the Land And in the eight and twentieth year of the reign of King Edward the third it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenor of the said Statutes and other the good Laws Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the Causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25 year of the reign of King Edward the third
read in the success 3. Witness the last voyage to Rotchel which needs no observation and is fresh in memory 4. Head is the ignorance and corruption of our Ministers Survey the Court survey the Countrey the Church the City the Bar the Bench the Courts the Shipping the Land the Seas all will yield variety of proofs The Exchequer is empty the reputation thereof gone the ancient Lands are sold the Jewels pawn'd the Plate ingaged the debt still great almost all charges both extraordinary and ordinary by Projects 5. The oppression of the Subject it needs no demonstration the whole Kingdom is a proof and that oppression speaks the exhausting of our treasures what waste of our Provisions what consumption of our Ships what destruction of our men have been witness the voyage to Algier witness that of Mansfield witness that to Cales witness the next witness that to Ree witness the last witness the Palatinate witness the Turks witness the Dunkirks witness all we were never so much weakned nor had less hopes how to be restored These Mr. Speaker are our dangers these are they do threaten us and those are like that Trojan Horse brought in cunningly to surprize us in these do lurk the strongest of our enemies ready to issue on us and if we do not now the more speedily expel them these are the sign the invitation to others These will prepare their entrance that we shall have no means left of refuge or defence for if we have these enemies at home how can we strive with those that are abroad if we be free from these no other can impeach us Our ancient English vertue that old Spartan valor cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficiency of Generals incorruption of Officers opulency in the King Liberty in the People repletion in Treasures restitution of Provisions reparation of Ships preservation of Men Our ancient English vertue thus rectified I say will secure us and unless there be a speedy reformation in these I know not what hopes or expectations we may have These things Sir I shall desire to have taken into consideration that as we are the great Councel of the Kingdom and have the apprehension of these dangers we may truly represent them unto the King wherein I conceive we are bound by a treble Obligation of duty unto God of duty to his Majesty and of duty to our Countrey And therefore I wish it may so stand with the Wisdom and Judgement of the House that they may be drawn into the body of a Remonstrance and therein all humbly expressed with a Prayer unto his Majesty for the safety of himself and for the safety of the Kingdom and for the safety of Religion That he will be pleased to give us time to make perfect inquisition thereof or to take them into his own Wisdom and there give them such timely reformation as the necessity of the Cause and his Justice doth import And thus Sir with a large affection and loyalty to his Majesty and with a firm duty and service to my Countrey I have suddenly and it may be with some disorder expressed the weak apprehension I have wherein if I have erred I humbly crave your pardon and so submit to the censure of the House IT seemed to others not sutable to the wisdom of the House in that conjuncture to begin to recapitulate those misfortunes which were now obvious to all accounting it more discretion not to look back but forward and since the King was so near to meet him that the happiness expected might not be lost and these were for petitioning his Majesty for a fuller Answer IT was intimated by Sir Henry Martin that this Speech of Sir Iohn Elliot was suggested from disaffection to his Majesty and there wanted not some who said it was made out of some distrust of his Majesties Answer to the Petition but Sir Iohn Elliot protested the contrary and that himself and others had a resolution to open these last mentioned Grievances to satisfie his Majesty therein onely they stayed for an opportunity Which averment of Sir Iohn Elliots was attested by Sir Thomas Wentworth and Sir Robert Phillips WHilst Sir Iohn Elliot was speaking an interruption was made by Sir Humphrey May expressing a dislike but he was commanded by the Commons to go on and being afterward questioned for a Passage in that Speech viz. That some actions seemed to be but conceptions of Spain he explained himself That in respect of the affairs of Denmark the ingagement of that unfortunate accident of Ree he conceived was a conception of Spain rather then to have any motion from our Councel here IN this Debate Sir Edward Cook propounded That an humble Remonstrance be presented to his Majesty touching the dangers and means of safety of King and Kingdom which Resolution was taken by the House and thereupon they turned themselves into a Grand Committee and the Committee for the Bill of Subsidies was ordered to expedite the said Remonstrance A Message was brought from the King by the Speaker THat his Majesty having upon the Petition exhibited by both Houses given an Answer full of Justice and Grace for which we and our posterity have just cause to bless his Majesty it is now time to grow to a conclusion of a Session and therefore his Majesty thinks fit to let you know That as he doth resolve to abide by that Answer without further change or alteration so he will Royally and Really perform unto you what he hath thereby promised and further That he resolves to end this Session upon Wednesday the 11 of this Moneth and therefore wisheth that the House will seriously attend these businesses which may best bring the Session to a happy conclusion without entertaining new matters and so husband the time that his Majesty may with the more comfort bring us speedily together again at which time if there be any further Grievances not contained or expressed in the Petition they may be more maturely considered then the time will now permit After the reading of this Message the House proceeded with a Declaration against Doctor Manwaring which was the same day presented to the Lords at a Conference betwixt the Committees of both Houses of Parliament and Mr. Pimm was appointed by the House of Commons to manage that Conference The Declaration of the Commons against Dr. Manwaring Clerke and Doctor in Divinity FOr the more effectual prevention of the apparent ruine and destruction of this Kingdom which must necessarily ensue if the good and fundamental Laws and Customs therein established should be brought into contempt and violated and that form of Government thereby altered by which it hath been so long maintained in peace and happiness and to the Honor of our soveraign Lord the King and for the preservation of his Crown and Dignity The Commons in this present Parliament assembled do by this their
ends And he vindicated the Duke in point of Religion 'T is true said he his Mother is a Recusant but never any thing more grieved him and never did a Son use more means then he to convert her and he hath no power over her and for his own Lady whom he found not firm in his Religion he hath it used means to confirm her As for Arminians I have often heard him protest and vow against these Opinions It is true many that have skill therein may have some credit with him and make use of his noble nature for their own ends One particular I know well that some Gentlemen and Preachers of great esteem were questioned for a matter wherein there was some error in the manner of which they were presented I told him of them and that they were questioned and he answered me he would do the best he could for to countenance them Sir Benjamin Rudyard gave his judgement that if the matter be urged home it will proclaim the man lowder then we can in words If we name excess of Power and abuse of Power it will reach to the Duke and all others in future times and to a Gentleman of honour nothing is so dear as sense of Honour I am witness and do know that he did many great and good Offices to this House If the forfeiture of my life could breed an Opinion that ye should have no occasion to complain at your next meeting I would pawn it to you Nor let any man say it is fear makes us desist we have shewed already what we dare do And because the imployment of Dalbeer had given much offence Sir Thomas Jermin stood up in his defence and said he had given great evidence of his Trust and Fidelity When the Count Palatine retired himself and the Councel agreed to send a Party under Count Mansfield to make a head and the King sent word to the Palatine to be present in Person Dalbeer went along with him with one more and being in a Village in Germany a Troop of fifty Horse met them Dalbeer went to the Captain and said we are in a Service I will give you so many crowns to conduct us which was done and Dalbeer went along with him In conclusion Iune the 13. it was Ordered upon the Question that the excessive Power of the Duke of Buckingham is the cause of the Evils and Dangers to the King and Kingdom And that this be added to the Remonstrance At this very time being Iune 18. 1628. Doctor Lamb so called having been at a Play-house came through the City of London and being a person very notorious the Boys gathered thick about him which increased by the access of ordinary People and the Rabble they presently reviled him with words calling him a Witch a Devil the Duke's Conjurer c. he took Sanctuary in the Wind-mill Tavern at the lower end of the Old Jury where he remained a little space but there being two Doors opening to several Streets out of the said House the Rout discovering the same made sure both Doors lest he should escape and pressed so hard upon the Vintner to enter the House that he for fear the House should be pulled down and the Wines in his Cellar spoiled and destroyed thrust the imaginary Devil out of his House whereupon the tumult carried him in a croud among them howting and showting crying a witch a Devil and when they saw a Guard coming by order of the Lord Mayor for the rescue of him they fell upon the Doctor beat him and bruised him and left him for dead With much ado the Officers that rescued him got him alive to the Counter where he remained some few houres and died that night The City of London endeavoured to find out the most active persons in this Riot but could not finde any that either could or if they could were willing to witnesse against any person in that businesse This happened to be in Parliament time and at that instant of time when they were about the Remonstrance against the Duke And shortly after so high was the rage of people that they would ordinarily utter these words Let Charles and George do what they can The Duke shall die like Doctor Lamb. What fine the City underwent for this miscarriage we shall observe in order of time Two days after the Privy Councel writ this ensuing Letter to the Lord Mayor Aldermen and Sheriffs of London WHereas we are given to understand that the fury and outrage of divers dissolute and disorderly person assembled together in great numbers without any resistance made or course taken to suppresse them by the Magistrates to whom it appertained one Lamb was in a barbarous manner slaine and murdered wherewith his Majesty having been likewise made acquainted as he is very sensible of the scandal that may hereby be cast upon the Peace and Government of the Realme in general when the chief City thereof and where his own Person is resident should by the remissnesse and neglect of Magistrates in the Execution of his Laws suffer a fact and misdemeanour of so high a nature to be committed and to passe unpunished So he is very highly displeased thereat and hath therefore commanded us in his name hereby streightly to charge and require your Lordship c. that with all care and diligence you do forthwith enquire out the principal Actors and Abettors therein and to cause them to be apprehended and committed to Prison and to be proceeded with and punished in the sevarest manner that by the Laws of the Realme is provided against offenders in so high a nature And so c. The Commons at this time voted that Doctor Neal Bishop of Winchester and Dr. Laud Bishop of Bath and Wells be named to be those near about the King who are suspected to be Arminians and that they are justly suspected to be unsound in their opinions that way The House was turned again into a Committee concerning the Remonstrance And Mr. Selden proposed that to the excessive power of the Duke should be added the abuse of that power since that abuse is the cause of these evils that it be presented to his Majesty to consider whether it be safe for the King and Common-wealth that a man of his power should be so near his Majesty and it was ordered accordingly All the parts of the Remonstrance being agreed unto it was perfected to be presented to the King being as followeth MOst Dread Sovereign as with humble thankfulnesse we your dutiful Commons now assembled in Parliament do acknowledge the great comfort which we have in your Majesties pious and gracious disposition so we think it a meet and most necessary Duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to informe your Majesty thereof
well performed would require the time and industry of the ablest men both of Counsel and Action that your whole Kingdome will affoard especially in these times of common danger And our humble desire is further that your most excellent Majesty will be pleased to take into your Princely consideration whether in respect the said Duke hath so abused his power it be safe for your Majesty and your Kingdom to continue him either in his great Offices or in his place of nearness and Councel about your sacred Person And thus in all humility aiming at nothing but the honour of Almighty God and the maintenance of his true Religion the safety and happiness of your most excellent Majesty and the preservation and prosperity of this Church and Common-wealth We have endeavoured with faithfull hearts and intentions and in discharge of the duty we owe to your Majesty and our Countrey to give your Majesty a true Representation of our present danger and pressing calamities which we humbly beseech your Majesty graciously to accept and take the same to heart accounting the safety and prosperity of your people your greatest happiness and their love your Richest Treasure A rufull and lamentable spectacle we confess it must needs be to behold those Ruines in so fair an House So many diseases and almost every one of them deadly in so strong and well tempered a body as this kingdom lately was But yet we will not doubt but that God hath reserved this Honor for your Majesty to restore the safety and happiness thereof as a work worthy so excellent a Prince for whose long life and true felicity we daily pray and that your fame and never dying Glory may be continued to all succeeding Generations HEreupon a Message was sent to his Majesty desiring access to his Person with the Remonstrance and the Speaker was appointed to deliver it who much desired to be excused but the House would not give way thereunto The House also sent up the Bill of Subsidy unto the Lords Soon after the King sends a Message by Sir Humphrey May that he means to end this Session on the 26. of Iune whereupon the Commons fall upon the Bill of Tunnage and Poundage In the mean time this ensuing Order concerning the Duke was made in the Starchamber upon the signification of his Majesties pleasure In Interiori Camera Stellatâ 16. Junii Anno quarto Caroli Reg. FOrasmuch as his Majesty hath been graciously pleased to signifie unto his Highness Atturney General that his Royal pleasure is that the Bill or information Exhibited into this Court against the Right Honourable George Duke of Buck. for divers great offences and misdemeanours objected against him for that his Majesty is fully satisfied of the innocency of that Duke in all those things mentioned in the said information as well by his own certain knowledge as by the proofs in the Cause shall therefore together with the said Dukes Answer thereunto and all other proceedings thereupon be taken off the File that no memory thereof remain of Record against him which may tend to his disgrace It is therefore Ordered that the said Information or Bill the Answer thereunto and all other Proceedings thereupon be forthwith taken from the File by his Majesties said Atturney General according to his Majesties pleasure therein to him signified under his hand and now remaining in the custody of the Register of this Court Dated this present 16. day of Iune 4. Caroli Exam. per Jo. Arthur 16. Iunii 1628. ON this very day the Duke signified unto the House that he is informed that one Mr. Christopher Eukener of the House of Commons hath affirmed that his Grace did speak these words at his own Table Viz. Tush it makes no matter what the Commons or Parliament doth for without my leave and authority they shall not be able to touch the hair of a Dogg And his Grace desired leave of their Lordships that he might make his Protestation in the House of Commons concerning that Speech And to move them that he which spake it of him being a Member of that House might be commanded to justifie it and his Grace heard to clear himself Their Lordships considering thereof ordered that the Duke shall be left to himself to do herein what he thinks best in the House of Commons Whereupon the Duke gave their Lordships thanks and protested upon his Honour that he never had those words so much as in his thoughts Tho which Protestation the Lords Commanded to be entred that the Duke may make use thereof as need shall be The Duke also charged one Mr. Melvin for speaking words against him Viz. First That Melvin said That the Dukes plot was that the Parliament should be dissolved and that the Duke and the King with a great Army of Horse and Foot would war against the Commonalty and that Scotland should assist him so that when war was amongst our selves the Enemy should come in for this Kingdom is already sold to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Jesuites Scotishmen and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the Duke could alter it 4. That when the Ordnance were shipt at St. Martins the Duke caused the Souldiers to go on that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his blood and Marquess Hamiltons with others cries out for vengeance to heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poisoned by Sir Thomas Overbury and he himself served with the same sauce and that the Earl of Somerset and others could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence About the same time the Lord Keeper reported to the House of Lords what his Majesty said touching the Commission of Excise Viz. That their Lordships had reason to be satisfied with what was truly and rightly told them by the Lords of the Councel that this Commission was no more but a warrant of advice which his Majesty knew to be agreeable to the time and the manifold occasions then in hand but now having a supply from the loves of his people he esteems the Commission useless and therefore though he knows no cause why any jealousie should have risen thereby yet at their desires he is content it be cancelled and he hath commanded me to bring both the Commission and Warrant to him and it shall be cancelled in his own presence The day following the Lord Keeper reported that his Majesty had cancelled the Commission and the Warrant for putting the Seal thereunto and did there openly shew it and a Message was sent to the Commons to
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
agreed in one that he ought not by the Law to be tortured by the Rack for no such punishment is known or allowed by our Law And this in case of Treason was brought into this Kingdom in the time of Henry 6. note Fortescue for this Point in his Book de laudibus legum Angliae see the preamble of the Act 28. H. 8. for the Trial of Fellony where Treasons are done upon the Sea and Statute 14. Edw. 3. Ch. 9. of Jaylours or Keepers who by duresse make the prisoners to be approvers Since the last Session of Parliament certain Merchant who traded in Wines had been committed to the Fleet for the non-payment of an Imposition of 20. s. the Tun and were now at liberty upon their entring into bond for the payment of that Imposition Moreover the King in full Councel declared his absolute will and pleasure to have the entry of 2. s. 2. d. the hundred upon all Currens to be satisfied equally with that of 3. s. 4. d. before the landing of that Commodity it being a duty laid by Queen Elizabeth who first gave being to the Levant Company and which had been paid both in his Fathers time and his own and that their Majesties were equally possessed of the whole summe of 5. s. 6. d. the hundred by a solemn and Legal Judgement in the Exchequer and he straightly charged his Councel to examine the great abuse in this point and to make a full reparation to his Honour by inflicting punishment as well upon Officers as Merchants that for the future they may beware of committing such contempts And Divers Merchants of London having forcibly Landed and endeavoured to carry away their Goods and Merchandises from the Custom-house Key without payment of duties were summoned to the Councel-table And the Councel was informed against them that they had caused great and unlawful assemblies of people to be gathered together to the breach of the Kings Peace and Mr. Chambers was committed to prison by the Lords of the Councel for some words spoken at that time Michaelmas 4. Car. Richard Chambers being in Prison in the Marshalsie Del hostel de Roy desired an Habeas Corpus and had it which being returable upon the 16. day of October the Marshall returned that he was committed to prison the 28. day of Septemb. last by command of the Lords of the Councel The Warrant verbatim was That he was committed for insolent behaviour and words spoken at the Councel-Table which was subscribed by the Lord Keeper and twelve others of the Councel The words were as information was given though not expressed in the Return That such great Customes and Impositions were required from the Merchants in England as were in no other place and that they were more screwed up then under the Turk And because it was not mentioned what the words were so as the Court might adjudge of them the Return was held insufficient and the Warden of the Prison advised to amend his Return and he was by Rule of the Court appointed to bring his prisoner by such a day without a new Habeas Corpus and the Prisoner was advised by the Court That in the mean time he should submit to the Lords and Petition them for his enlargement The Warden of the Prison bringing the Prisoner in again in Court the 23. day of October Then Mr. Iermin for the Prisoner moved That forasmuch as it appeared by the Return that he was not committed for Treason or Felony nor doth it appear what the words were whereto he might give answer he therefore prayed he might be dismissed or bailed But the Kings Attourney moved That he might have day untill the 25. of October to consider of the Return and be enformed of the words and that in the interim the Prisoner might attend the Councel-Table and Petition But the Prisoner affirmed that he oftentimes had assayed by Petition and could not prevail although he had not done it since the beginning of October and he prayed the Justice of the Law and the inheritance of a Subject Whereupon at his importunity the Court commanded him to be bailed and he was bound in a Recognizance of four hundred pounds and four good Merchants his Sureties were bound in Recognizance of one hundred pound a piece that he should appear here in Crastino animarum and in the interim should be of the good behaviour And advertized him they might for contemptuous words cause an Indictment or Information in this Court to be drawn against him if they would The Lords of the Councel were much dissatisfied with the Bailing of Chambers Whereupon the Judges were â—ent for to the Lord Keeper at Durham House where were present besides the Lord-Keeper the Lord Treasurer Lord Privy Seal and the Chancellor of the Dutchy And the Lord Keeper then declared unto them that the said enlargement of Chambers was without due regard had to the Privy Councel in not first acquainting them therewith To this the Judges answered that to keep a fair correspondency with their Lordships they had by the Lord Chief-Justice acquainted the Lord Keeper in private therewith before they baild the party And that what they had done as to the bailing of the prisoner was according to Law and Justice and the conscience of the Judges To this it was replied that it was necessary for the preservation of the State that the power and dignity of the Councel Table should be preserved and that it could not be done without correspondency from the Courts of Justice so they parted in very fair tearms On Thursday the 27. of November Felton was removed from the Tower to the Gate-house in order to his tryal and was the same day brought by the Sheriffs of London to the Kings-bench Bar and the indictment being read he was demanded whether he were guilty of the murder therein mentioned he answered he was guilty in killing the Duke of Buc. and further said that he did deserve death for the same though he did not do it out of malice to him So the Court passed sentence of death upon him whereupon he offered that hand to be cut off that did the fact but the Court could not upon his own offer inflict that further punishment upon him neverthelesse the King sent to the Judges to intimate his desire that his hand might be cut off before execution but the Court answered that it could not be for in all murthers the Judgement was the same unlesse when the Statute of 25. E. 3. did alter the nature of the offence and upon a several indictment as it was in Queen Elizabeths time when a Felon at the Bar flung a stone at a Judge upon the Bench for which he was indicted and his sentence was to have his hand cut off which was accordingly done and they also proceeded against him upon the other indictment for Felony for which he was found guilty and afterwards hanged and Felton was afterwards hung up
would not deliver the Goods he answered If he said he would not it was because he could not Mr. Selden hereupon said If here be any near the King that doth mis-present our Actions let the curse light on them not on us and believe it it is high time to vindicate our selves in this case else it is in vain for us to sit here It was hereupon resolved by question That this shall be presently taken into consideration and being conceived to be a business of great consequence it was ordered that the house be dissolved into a Committee for the more freedom of debate and that no Member go out of the House without leave during the sitting of the Committee Mr. Noy was of opinion That the Customers had neither Commission nor command to seize therefore without doubt the House may proceed safely to the Question that the priviledge is broken by the Customers without relation to any commission or command from the King which motion was seconded by Mr. Nathaniel Rich. Munday the 23 of February the same business continued under debate and some were for a bare restitution of the Goods taken others for impleading those who took them as Delinquents in the mean time Mr. Secretary brought this message from the King That it concerns his Majesty in a high degree of justice and honour that truth be not concealed which is that what the Customers did was by his own direct order and command at the Council-board himself being present and though his Majesty takes it well that the house have severed his interest from the interest of the Customers yet this will not clear his Majesties honour if the said Customers should suffer for his sake This message was grounded upon this ensuing Order made the day preceding by the King in full Council At White-hall the 22 of February 1628. THis day his Majesty in full council taking knowledge of the debate in the house of Commons the day before concerning the Officers of his Customs and of the respect used by the Committee to sever the private interest of the said Officers from that of his Majâ—sty holding it to concern him highly in justice and honour to let the truth in such a point touching his servants to be either concealed or mistaken did there declare That what was formerly done by his Farmers and Officers of the Customs was done by his own direction and commandment and by direction and commandment of his Privy-Council himself for the most part being present in Council and if he had been at any time from the Council-board yet he was acquainted with their doings and gave full direction in it and therefore could not in this sever the act of his Officers from his own Act neither could his Officers suffer for it without high dishonour to his Majesty This being particularly voted by the whole Council was the general assent of them all and accordingly Mr. Secretary Cook had order to deliver a Message the next day from his Majesty to the house of Commons The Kings Commission to the Lord Treasurer and Barons of the Exchequer and to the Customers of the Ports was to this effect C. R. WHereas the Lords of our Council taking into consideration our Revenue and finding that Tonnage and Poundage is a principal Revenue of our Crown and has been continued for these many years have therefore ordered all those duties of Subsidie Custome and Impost as they were in the 21 of King Iames and as they shall be appointed by us under our Seal to be levied know ye that we by advice of our Lords declare our will that all those duties be levied and collected as they were in the time of our father and in such manner as we shall appoint and if any person refuse to pay then our will is That the Lord Treasurer shall commit to prison such so refusing till they conform themselves and we give full power to all our officers from time to time to give assistance to the Farmers of the same as fully as when they were collected by Authority of Parliament Soon after report was made from the grand Committee that they took into their consideration the violation of the Liberty of the house by the Customers and at last they resolved that Mr. Rolls a Member of the house ought to have priviledge of person and goods but the command of the King is so great that they leave it to the house After the passing of this vote the Kings late message by Mr. Secretary Cook was taken into consideration Some took occasion to say That these interruptions proceeded from some Prelates and other Abettors of the Popish party who feare to be discovered and would provoke to a breach to which Sir Humphry May reply'd We have Oyl and Vinegar before us if you go to punish the Customers as Delinquents there is Vinegar in the Wound Think rather of some course to have restitution others said Delinquency cannot be named but presently a breach must be intimated when we do that which is just let there be no fear nor memory of Breaches and let us go to the Delinquency of the men Hereupon Sir Iohn Elliot made a Speech and therein named Dr. Neal the Bishop of Winchester and the great Lord Treasurer in whose person said he all evil is contracted I find him acting and building on those grounds laid by his Mr. the Great Duke and his spirit is moving to these interruptions and they for fear break Parliaments lest Parliaments should break them I find him the head of all the great party the Papists all Jesuits and Priests derive from him their shelter and protection c. A little interruption being here given he proceeded further in his Speech and afterwards the Speaker was moved to put the Question then proposed by the House but he refused to do it and said That he was otherwise commanded from the King Then said Mr. Selden Dare not you Mr. Speaker put the Question when we command you If you will not put it we must sit still thus we shall never be able to do any thing they that come after you may say They have the Kings command not to do it we sit here by the command of the King under under the Great Seal and you are by his Majesty sitting in his Royal Chair before both Houses appointed our Speaker and now you refuse to perform your Office Hereupon the House in some heat adjourned until Wednesday next On Wednesday the 25 of February both Houses by his Majesties command were adjourned till Munday morning the second of March Munday the second of March the Commons meet and urge the Speaker to put the Question who said I have a command from the King to adjourn till March the tenth and put no Question and endeavoring to go out of the Chair was notwithstanding held by some Members the House foreseeing a dissolution till this ensuing
Protestation was published in the House viz. Whosoever shall bring in Innovation of Religion or by favour or countenance seek to extend or introduce Popery or Arminianism or other opinion disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom and Commonwealth 2. Whosoever shall counsel or advise the taking and levying of the Subsidies of Tunnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed an Innovator in the Government and Capital Enemy to the Kingdom and Commonwealth 3. If any Merchant or Person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an Enemy to the same Hereupon the King sent for the Sergeant of the House but he was detained the Door being lockt then he sent the Gentleman Usher of the Lords House with a Message and he was refused admittance till the said Votes were read and then in much confusion the House was adjourned to the tenth of March according as it was intimated from his Majesty Nevertheless his Majesty by Proclamation dated the second of March declares the Parliament to be dissolved The passages of this day and the preceding day in Parliament are hereafter more fully related in the proceedings in the Kings Bench. By the King A Proclamation about the dissolving of the Parliament WHereas We for the general good of our Kingdom caused our high Court of Parliament to assemble and meet by prorogation the 20 day of January last past sithence which time the same hath been continued And although in this time by the malevolent dispositions of some ill affected persons of the House of Commons We have had sundry Iust Causes of offence and dislike of their proceedings yet We resolved with patience to trie the uttermost which we the rather did for that We found in that House a great number of sober and grave Persons well-affected to Religion and Government and desirous to preserve unity and peace in all parts of Our Kingdom And therefore having on the five and twentieth day of February last by the uniform advice of our Privy-Council caused both Houses to be adiourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have a happy end and issue And for the same intent We did again this day command the like Adiournment to be made until the tenth day of this Month It hath so happened by the disobedient and seditious carriage of those said ill affected persons of the House of Commons That We and Our Regal Authority and Commandment have been so highly contemned as our Kingly Office cannot bear nor any former age can paralel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament to all others whom it may concern That they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others shall take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to faction and to work disturbance to the peace and good order of Our Kingdom Given at our Court at Whitehal this second day of March in the fourth yeer of Our Reign of Great Britan France and Ireland This Proclamation was not published till after the tenth of March. The day following Warrants were directed from the Council to Denzil Holles Esq Sir Miles Hobert Sir Iohn Elliot Sir Peter Hayman John Selden Esq William Coriton Walter Long William Stroud Benjamin Valentine commanding their personal appearance on the morrow At which time Mr. Holles Sir Iohn Elliot Mr. Corriton Mr. Valentine appearing and refusing to answer out of Parliament what was said and done in Parliament were committed close prisoners to the Tower and Warrants were given the Parliament being still in being for the sealing up of the studies of Mr. Holles Mr. Selden and Sir Iohn Elliot Mr. Long and Mr. Stroud not then nor of some time after appearing a Proclamation issued out for the apprehending of them On the tenth of March being six days after the commitment of the said Members his Majesty being set in his Royal Throne with his Crown on his head and in his Robes and the Lords in their Robes also and divers of the Commons below the Bar but not their Speaker neither were they called his Majesty spake as followeth My Lords I Never came here upon so unpleasant an occasion it being the dissolution of a Parliament therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general maxime of Kings to leave harsh Commands to their Ministers themselves only executing pleasing things yet considering that Iustice as well consists in reward and praise of vertue as punishing of vice I thought it necessary to come here to day and to declare to you and all the world that it was meerly the undutiful and seditious carriage in the Lower House that hath made the dissolution of this Parliament and you My Lords are so far from being any causers of it that I take as much comfort in your dutiful demeanour as I am justly distasted with their proceedings yet to avoyd their mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I knâ—w that there are many there as dutiful Subjects as any in the world it being but some few Vipers among them that did cast this mist of undutifulness over most of their eys yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as those Vipers must look for their reward of punishment so you My Lords must justly expect from me that favour and protection that a good King oweth to his loving and faithful Nobility And now my Lord Keeper Do what I have commanded you Then the Lord Keeper said My Lords and Gentlemen of the House of Commons the Kings Majesty doth dissolve this Parliament Whilst the King is preparing a Declaration of the causes and motives which induced him to dissolve this Parliament let us see what followed hereupon The discontents of the common people upon this Dissolution were heightned against the powerful men at Court and the Kings most inward Counsellors for some few days after two Libels were found in the Dean of Pauls yard one against Bishop Laud to this effect
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
of Soldiers 546. His Answer to that Petition p. 552. The Lord Keepers Speech by his Command to rely on the Kings word p. 555. Secretary Cooks Speech thereupon on behalf of the King p. 555 556. Sir Benjamin Rudiards Speech concerning the Kings word p. 557. The King sends another Message by Secretary Cooke to know whether the Parliament will or no relie on his word p. 558 559. Several debates thereupon ibid. He sends another Message that he intendeth shortly to end that Session p. 560. Debates thereupon p. 561. The Speakers Speech in Answer to the Kings several Messages ibid. The Kings Answer thereunto p. 562. The King sends another Message to relie on his word p. 563. Several Debates thereupon ibid. The Petition of Right to be presented to the King delivered at a Conference p. 564. His Letter declaring that he will preserve Magna Charta c. communicated at a Conference p. 565 566. The Lords Addition to the Petition of Right to have a saving for Soveraign power p. 567. Several Debates and Conferences thereupon â—hewing the danger of such a Salvo p. 568 569 c. The Lords agree to the Petition of Right without the Addition p. 592. The Kings and Lord Keepers Speech at the presenting of the Petition of Right p. 596. The Petition of Right at large p. 597. The Kings Answer thereunto p. 598. Not satisfactory and several Speeches thereupon p. 598 599 c. A Message from the King to end the Session on such a day p. 601. He sends another Message that he will certainly hold his day to end the Session p. 613. Several Debates thereupon and the Duke declared the cause of all Grievances p. 613 614 c. The King commands the House to adjourn p. 616. The Lords Address to the King to prevent a dissolution ibid. The King sends another Message to qualifie his former Messages p. 622. Several Speeches thereupon p. 623. The Kings Privy-Seal for payment of monies to raise German Horse p. 624. Burlemachs Examination that they were to be imported into England ibid. The King receives a Petition from both Houses for a better answer to the Petition of Right p. 625. The Kings fuller Answer thereunto and his Speech ib. The Kings Commission for raising of Monies by way of Imposition p. 626. Debates thereupon p. 627. Debates about a Remonstrance to the King against the Duke p. 628. A Remonstrance to the King against the Duke p. 631 632 c. The King causeth the Proceedings in the Star-chamber against the Duke to be taken off the File p. 638. And causeth the Commission for Excise to be cancelled p. 640. A Remonstrance to him concerning Tonnage and Poundage ibid. The King ends the Session of Parliament p. 643. A Particular of such Laws as he passed that Session of Parliament p. 644. Suppresses Dr Manwaring's Sermon by Proclamation p. 645. Grants a Commission to compound with Recusants ibid. His Proclamation against the Bishop of Calcedon ibid. Sends Romish Priests to Wisbitch p. 646. Advances Sir Rich. Weston to be Lord Treasurer Bishop Laud to the Bishoprick of London and Montague to a Bishoprick ibid. Pardons Montague and Manwaring p. 647. Solicited to send Relief to the King of Denmark under Sir Charls Morgan p. 648. Adjourns the Parliament that was to meet the 20 of October to the 20 of January p. 650. Takes the advice of the Iudges about racking of Felton ibid. Declares his resolution about taking the Imposition upon Currants p. 651. Consults with certain of his Council concerning the ensuing Parliament p. 654. His Speech at the second meeting of the Parliament p. 656. Sends a Message about the Bill for Tonnage and Poundage p. 657. Sends a Message to give precedency to Tonnage and Poundage p. 658. Petition to him for a Fast p. 662. His Answer thereunto p. 663. Notwithstanding his Message precedency given to Religion ibid. His Answer to that Particular p. 664. His Declaration against Disputes about Religion debated p. 665. A Report concerning his Pardon to Manwaring and Montague p. 667. His Message about Customs p. 668. His Commission about it p. 669. His Declaration concerning the dissolving the third Parliament at large App. p. 1. Common Fame p. 221 222. Conway Lord p. 12 23 178 182 185 235 238 243 268 292 450 451 455 c. Cook Secretary p. 182 498 501 502 531 544 54 558 559 560 563. Cook Mr. p. 218 222 229 Cook Sir Edward p. 201 497 505 508 526 529 538 543 564 615 627. Corriton Mr. p. 660 Coronation p. 203 204 Cottington Mr. p. 9 13 18 76 122 Cotton Sir Robert p. 20 471 Coventry Sir Thomas made Lord Keeper p. 202. His Speeches in Parliament p. 206 225 481 555 567 592 596 623. Privy Council new sworn p. 169. They write to Dalbeir about disposing the German Horse p. 648. Creswel Mr. 502. Crew Sir Randolf displaced about the Loan p. 424. Crew Sir Thomas p. 55 117 149 150. Again made Speaker p. 176. Cromwel Oliver against the Bishop of Winchester p. 667. Cromwel Lord p. 199. Crosby Sir Piercy Lands with Supply of men p. 467. D. DArnel Sir Thomas about Habeas Corpus p. 462. Davenport Serjeant Argument App. p. 27. Dawes Mr. his Answer about Customs p. 668. Decimation projected 5 Car. App. p. 14. Denmark King his Declaration p. 421. His Battel ibid. His overthrow p. 422. Digby Sir John his discourse betwixt the Duke of Lerma about a Match with Spain p. 1. His advice to the King in that matter p. 2. Is authorised to treat and conclude the Match p. 3. Presents the first draught of Articles p. 4. Sent Ambassador into Flanders p. 23. The substance of his Ambassie to the Emperor and Duke of Bavaria p. 37. Gives an account in Parliament p. 39. Made Earl of Bristol p. 67 68. A Letter to him from the King p. 68. Gives the King hope of a Match p. 69. Hath a Proxy delivered to him by the Prince to consummate the Marriage p. 103. Receives also private instructions not to put it in execution p. 104. Labors to satisfie the Prince to recal his instructions but in vain p. 105. He and Sir Walter Aston again attempt it but in vain p. 106. Bristol sends his Apology to K. James for demurring upon the new instructions p. 112. Hath a tender of large offers from the K. of Spain p. 113. Protests against The Dukes Narration in Parliament p. 149. A Letter from the Lord Conway to him p. 238. His answer to the Lord Conway p. 239. His Petition for a Writ of Summons p. 240. The Kings Letter to him p. 241. He Petitions the Lords again about his Writ of Summons ibid. And desires to be heard in the Accusation of the Duke ibid. Sends a Copy of the Lord Keepers Letter p. 242. With his Answer thereto p. 243. A Message from the King concerning him ibid. He is brought to the Bar p. 252. Articles preferred against him by the Kings Command p. 253. His
Answer in writing under their hands whether they would conform to the Lord Conways Letter and to the Instrument peraffetted at Rochester for delivery over of the said ships yea or no offering to procure them a sufficient discharge to their contentment for their so doing The same day also Sir Ferdinando Gorge and the rest by writing under their hands subscribed did declare as followeth namely That they were willing to obey our King but held not the security peraffetted at Rochester by the three Ambassadors to be sufficient though honorable and so they absolutely refused to deliver their ships upon that security desiring better caution in that behalf 1. By Merchants of Paris 2. To be transferred to London 3. Irrevocable 4. And such as might not be protected by Prerogative and to have this under the Hands and Seals of both Kings All this while our King or body of the Council knew nothing in certain of any other design of the French then only of their pretence against Genoa and believed that all the Articles and Instruments that had passed between the French and us or the Captains Masters and Owners of the English ships had been penned and contrived with full and good Cautions accordingly for pâ—evention of all dangers that might grow to the contrary Also the same 28 Iuly the Captains and Masters taking notice of Mr. Nicholas pressing them to deliver their ships before security given to their content contrary to former Propositions which they held unreasonable did make answer unto the Marquis in writing That until they should have security to their contentment they would not quit the possession of their ships unto the French which was but reasonable and they sent therewith a valuation of their several ships as they would stand to They likewise demanded a performance of all things formerly sent to his Lordship from them by Mr. Nicholas save only for the security by money deposited saying that for all the rest they durst not proceed otherwise Lastly they prayed for a speedy Answer that the delay in this business may not seem to be in them But D' Effiat being confident of the Duke of Buckingham's Letters promises and proceedings aforesaid would not consent to these reasonable demands of the Captains and Masters of the English ships protracting the time till he might hear further from the said Duke out of England While these things were thus in handling both in France and in England there were written over out of France into England Letters of advertisement how and upon what ground or by what act or means procured or occasioned appeareth not yet from one Mr. Larking a servant to the Earl of Holland and a kind of Agent a person some way imployed by our State or under some of our Ambassadors or Ministers in France That the Peace was concluded with those of our Religion in France and that within fourteen days the War would break forth or begin in Italy with a Design upon Genoa a matter of great importance for annoying the Spaniard This Letter of Larking came to the English Court at Richmond 28 Iuly when the Duchess of Chevereux Child was there Christened and the Contents thereof as hath been alleaged were confirmed by the Ambassadors of Savoy and Venice By the advantage and colour whereof the Duke of Buckingham drew the King who all this while knew nothing of the Design upon Rochel or those of our Religion but thought the â—ormer Articles had been safe and well penned both for him and his Subjects according to the most religious and politick intention and Instructions in that behalf originally given by his late Father to write a Letter dated at Richmond the same 28 Iuly directed to the said Captain Pennington to this effect viz. His Majesty did thereby charge and command the said Captain Pennington without delay to put his Highness former Command in execution for consigning the Vantguard into the hands of the Marguis D'Effiat for the French with all her Furniture assuring her Officers his Majesty would provide for their Indemnity And to require the seven Merchants ships in his Majesties name to put themselves into the service of the French King according to the promise his Majesty had made unto him And in case of backwardness or refusal commanding him to use all forcible means to compel them even to sinking with a Charge not to fail and this Letter to be his Warrant This Letter was sent by Captain Thomas Wilbraham to Captain Pennington who was yet in the Downs In the beginning of August 1625. Captain Pennington went over again to Diep carrying with him the said Letters of his Majesty and certain Instructions in writing from the Duke of Buckingham to Mr. Nicholas agreeable in substance to the former verbal Instructions given by the Duke to him at Rochester as the said Nicholas alleadgeth who also affirmeth that in all things what he did touching that business he did nothing but what was warranted by the Dukes Instructions to him which if it be true then the Duke of Buckingham who commanded and imployed him therein must needs be guilty of the matters so acted by the said Mr. Nicholas If there be any subsequent act or assent of Council or of some Counsellors of State for the going of these ships to the French or for putting them into their power it was obtained only for a colour and was unduly gotten by misinforming the Contents of the sealed Articles and concealing the Truth or by some other undue means Neither can any such latter act of Council in any sort justifie the Dukes proceedings which by the whole current of the matter appears to have been indirect in this business even from the beginning About the time of Captain Pennington's coming over to Diep the second time Mr. Nicholas did in his speeches to the Captains and Masters of the seven Merchants ships threaten and tell them That it was as much as their lives were worth if they delivered not their ships to the French as he required which put them in such fear as they could hardly sleep And thereupon two of them were once resolved to have come again away with the ships and because the former threats had made them afraid to return into England therefore to have brought and left their ships in the Downs and themselves for safety of their lives to have gone into Holland Captain Pennington being the second time come into Diep there forthwith delivered and put the said ship the Vantguard into the absolute power and command of the French King his Subjects and Ministers to the said French Kings use to be imployed in his service at his pleasure and acquainted the rest of the Fleet with the effect of his Majesties Letter and Command and demanded and required them also to deliver and put their ships into the power and command of the French King accordingly The Captains Masters and Owners of the seven Merchants ships refused so to do as conceiving it was not
not all but it is extended to some others who I fear in guilt of Conscience of their own desert do joyn their power with that Bishop and the rest to draw his Majesty into a jealousie of the Parliament amongst them I shall not fear to name the great Lord Treasurer in whose person I fear is contracted all that which we suffer If we look into Religion or Policy I find him building upon the ground laid by the Duke of Buckingham his great Master from him I fear came those ill Counsels which contracted that unhappy conclusion of the last session of Parliament I find that not only in the affections of his heart but also in relation to him and I doubt not to fix it indubitably upon him and so from the power and greatness of him comes the danger of our Religion For Policy in that great Question of Tunnage and Poundage the interest which is pretended to be the Kings is but the interest of that person to undermine the Policy of this Government and thereby to weaken the Kingdom while he invites strangers to come in to drive out Trade or at least our Merchants to trade in strangers bottoms which is as dangerous Therefore it is fit to be declared by us that all that we suffer is the effect of new counsels to the ruine of the Government of the State and to make a protestation against all those men whether greater or subordinate that they shall all be declared as Capital Enemies to the King and Kingdom that will perswade the King to take Tunnage and Poundage without grant of Parliament and that if any Merchants shall willingly pay those Duties without consent of Parliament they shall be declared as Accessaries to the rest Which Words of the said Sir Iohn Elliot were by him uttered as aforesaid falsly and malitiously and seditiously out of the wickedness of his own affections towards your Majesty and your gratious and religious Government and by the Confederacie Agreement and Privity of the â—aid other Confederates and to lay a slander and scandal thereupon and not with a purpose or in way to rectifie any thing which he conceiâ—ed to be amiss but to traduce and blast those persons against whom he â—ad conceived malice for so himself the same day in that house said and laid down as a ground for that he intended to say That no man was ever blasted in that house but a curse fell upon him And further so it is may it please your most excellent Majesty That when the said Sir Iohn Elliot had thus vented that malice and wickedness which lay in his heart and as appeareth by his own words were expressed in the said paper which was prepared as aforesaid the said Walter Longe out of his inveterate malice to your Majesty and to your Affairs and by the confederacy aforesaid then and there said That man who shall give away my Liberty and Inheritance I speak of the Merchants I note them for Capital Enemies to the Kingdome And lest the hearers should forget these wicked desperate Positions laid down as aforesaid and to the end the same might have the deeper impression and be the more divulged abroad to the prejudice of your Majesty and of your great Affairs and to the scandal of your Government the said Denzil Holles collected into several heads what the said Sir Iohn Elliot had before delivered out of that paper and then said Whosoever shall counsel the taking up of Tunnage and Poundage without an Act of Parliament let him be accompted a capital Enemy to the King and Kingdom And further What Merchant soever shall pay Tunnage and Poundage without an Act of Parliament let him be counted a Betrayer of the Liberty of the Subjects and a Capital Enemy of the King and Kingdom Which Positions thus laid the said Denzil Holles neither being Speaker nor sitting in the Chair as in a Committee by direction of the House but in an irregular way and contrary to all course of orderly proceedings in Parliament offered to put these things so delivered by him as aforesaid to the Question and drew from his confederates aforesaid an applause and assent as if these things had been voted by the house And further so it is may it please your most excellent Majesty That the disobedience of the said Confederates was then grown to that height that when Edward Grimston the Serjeant at Arms then attending the Speaker of that house was sent for by your Majestie personally to attend your Highness and the same was made known in the said house the said Confederates notwithstanding at that time forcibly and unlawfully kept the said Edward Grimston locked up in the said house and would not suffer him to go out of the house to attend your Majesty and when also on the same day Iames Maxwel Esquire the Gentleman-Usher of the Black Rod was sent from your Majesty to the said Commons house with a message immediately from your Majesties own person they the said Confederates utterly refused to open the door of the house and to admit the said Iames Maxwel to go to deliver his message After all which the said house was then adjourned until the said tenth day of March then following and on the said tenth day of March the said Parliament was dissolved and ended In consideration of all which premises And for as much as the contempt and disobedience of the said Sir John Ellyot and other the confederates aforesaid were so great and so many and unwarranted by the priviledge and due proceeding of Parliament and were committed with so high a hand and are of so ill example and so dangerous consequence and remain all unpardoned Therefore they pray'd a process against them to answer their contempts in the high Court of Star-Chamber Memorandum That the 29. of May Anno quinto Car. Reg. these words viz. After all which the said House was then adjourned until the said tenth day of March and on the said tenth day of March the said Parliament was dissolved and ended were added and inserted by order of the Court immediately before In tender consideration c. At the same time Sir Robert Heath the Kings Atturny General preferr'd an Information in the Star-Chamber against Richard Chambers of the City of London Merchant wherein first he did set forth the gracious Government of the King and the great Priviledges which the Merchants have in their Trading by paying moderate duties for the goods and merchandises exported and imported and setting forth that the raising and publishing of undutiful and false speeches which may tend to the dishonour of the King or the State or to the discouragement or discontentment of the subject or to set discord or variance between his Majesty and his good People are offences of dangerous consequence and by the Law prohibited and condemned under several penalties and punishments That nevertheless the said Richard Chambers the 28. day of September last being amongst some other merchants
called to the Councel-board at Hampton Court about some things which were complained of in reference to the Customs did then and there in an insolent manner in the presence or hearing of the Lords and others of his Majesties Privy Council then sitting in Counsel utter these undutiful seditious and false words That the Merchants are in no part of the World so skrewed and wrung as in England That in Turky they have more incouragement By which words he the said Richard Chambers as the Information setteth forth did endeavor to alienate the good affection of his Majesties Subjects from his Majesty and to bring a slander upon his just Government and therefore the Kings Attorney prayed process against him To this Mr. Chambers made answer That having a Case of silk Grogerams brought from Bristol by a Carrier to London of the value of 400. l. the same were by some inferior Officers attending on the Custome-house seized without this Defendants consent notwithstanding he offered to give security to pay such Customs as should be due by Law and that he hath been otherwise grieved and damnified by the injurious dealing of the under-Officers of the Custome-house and mentioned the particulars wherein and that being called before the Lords of the Council he confesseth that out of the great sence which he had of the injuries done him by the said inferior Officers he did utter these words That the Merchants in England were more wrung and screwed then in forreign Parts Which words were onely spoken in the presence of the Privy-Council and not spoken abroad to stir up any discord among the people and not spoken with any disloyal thought at that time of his Majesties Government but onely intending by these words to introduce his just Complaint against the wrongs and injuries he had sustained by the inferiour Officers and that as soon as he heard a hard construction was given of his words he endeavoured by petition to the Lords of the Council humbly to explain his meaning that he had not the least evil thought as to his Majesties Government yet was not permitted to be heard but presently sent away prisoner to the Marshalsea and when he was there a prisoner he did again endeavour by petition to give satisfaction to the Lords of the Council but they would not be pleased to accept of his faithful explanation which he now makes unto this honourable Court upon his Oath and doth profess from the bottom of his heart That his speeches onely aimed at the abuses of the inferiour Officers who in many things dealt most cruelly with him and other Merchants There were two of the Clerks of the Privy-Council examined as Witnesses to prove the words notwithstanding the Defendant confessed the words in his Answer as aforesaid who proved the words as laid in the Information And on the sixth of May 1629. the Cause came to be heard in the Star-Chamber and the Court were of opinion that the words spoken were a comparing of his Majesties Government with the Government of the Turks intending thereby to make the people believe that his Majesties happy Government may be tearmed Turkish Tyranny and therefore the Court fined the said Mr. Chambers in the sum of 2000 l. to his Majesties use and to stand committed to the prison of the Fleet and to make submission for his great offence both at the Council-board in Court of Star-Chamber and at the Royal Exchange There was a great difference of opinion in the Court about the Fine and because it is a remarkable Case here followeth the names of each several person who gave sentence and the Fine they concluded upon viz. Sir Francis Cottington Chancellour of the Exchequer his opinion was for 500 l. Fine to the King and to acknowledge his offence at the Council-board the Star-Chamber-Bar and Exchange Sir Tho. Richardson Lord chief Justice of the common pleas 500 l. Fine to the King and to desire the Kings favour Sir Nicholas Hide Lord chief Justice of the Kings Bench 500 l. and to desire the Kings favour Sir Iohn Cook Secretary of State 1000 l. Sir Humphry May Chancellour 1500 l. Sir Thomas Edmons 2000 l. Sir Edward Barret 2000 l. Doctor Neal Bishop of Winchester 3000 l. Doctor Laud Bishop of London 3000 l. Lord Carlton principal Secretary of State 3000 l. Lord Chancellour of Scotland 2000 l. Earl of Holland 1500 l. Earl of Doncaster 1500 l. Earl of Salisbury 1500 l. Earl of Dorset 3000 l. Earl of Suffolk 3000 l. Earl of Mountgomery Lord Chamberlain 1500 l. Earl of Arundel Lord High Marshal 3000 l. Lord Montague Lord Privy Seal 3000 l. Lord Connoway 2000 l. Lord Weston Lord Treasurer 3000 l. Lord Coventry Lord Keeper of the Great Seal 1500 l. So the fine was setled to 2000 l. And all except the two Chief Justices concurred for a submission also to be made And accordingly the copy of the submission was sent to the Warden of the Fleet from Mr. Atturny General to shew the said Richard Chambers to perform and acknowledg it and was as followeth I Richard Chambers of London Merchant do humby acknowledge that whereas upon an Information exhibited against me by the Kings Atturney General I was in Easter Term last sentenced by the Honourable Court of Star-Chamber for that in September last 1628. being convented before the Lords and others of his Majesties most Honourable Privy-Council Board upon some speeches then used concerning the Merchants of this Kingdom and his Majesties well and gracious usage of them did then and there in insolent contemptuous and seditious manner falsly and maliciously say and affirm That they meaning the Merchants are in no parts of the world so skrewed and wrung as in England and that in Turky they have more incouragement And whereas by the sentence of that Honorable Court I was adjudged among other punishments justly imposed upon me to make my humble acknowledgment and submission of this great offence at this Honorable Board before I should be delivered out of the Prison of the Fleet whereto I was then committed as by the said Decree and Sentence of that Court among other things it doth and may appear Now I the said Richard Chambers in obedience to the Sentence of the said Honorable Court do humbly confess and acknowledg the speaking of these words aforesaid for the which I was so charged and am heartily sorry for the same and do humbly beseech your Lordships all to be Honorable intercessors for me to his Majesty that he would be graciously pleased to pardon that graet error and fault so committed by me When Mr. Chambers read this draught of submission he thus subscribed the same All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never to death will acknowledge any part thereof Rich. Chambers Also he under-writ these Texts of Scripture to the said Submission before he returned it That make a man an offender