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
by the King and Prince was as followeth WE Ratifying and confirming the aforesaid Treaty and all and every Capitulation contained and specified in the same do approve applaud confirm and ratifie of our certain knowledge all and every of these things in as much as they concern our Selves our Heirs or our Successors And we promise by these presents in the word of a King to kéep fulfil and observe the same and to cause them to be kept fulfilled and observed inviolably firmly well and faithfully effectually Bona fide without all exception and contradiction And we confirm the same with an Oath upon the Holy Evangelists in the presence of the Illustrious and Noble John de Mendoza Charls de Colona Ambassadors of the most Gratious Catholick â—ing residing in our Court. In Testimony and Witness of all and every the premises we have caused our Great Seal to be put to those Articles subscribed by our Hands there in the presence of the most Reverend Father in Christ George Archbishop of Canterbury Primate of all England and the Reverend Father in Christ John Bishop of Lincoln Lord Kéeper of the Great Seal of England Lionel Cranfield Cheif Treasurer of England Henry Uiscount Mandevil President of our Council Edward Earl of Worcester Kéeper of the Privy Seal Lewis Duke of Richmond and Lenox Lord Steward of our Houshold James Marquess Hamilton James Earl of Carlisle Thomas Earl of Kelly Oliver Uiscount Grandeson c. and George Calvert Knight one of our Cheif Secretaries of State and all of our Privy Council Given at our Palace of Westminster c. JACOBUS Rex After this the King did swear to certain private Articles in favor of Papists and for the advancement of the Roman Religion JAMES by the grace of God of Great Britain King Defender of the Faith c. To all to whom this present-writing shall come gréeting Inasmuch as among many other things which are contained within the Treaty of Marriage betwéen our most dear Son Charls Prince of Wales and the most renowned Lady Donna Maria Sister of the most renowned Prince and our welbeloved Brother Philip the Fourth King of Spain It is agréed That we by our Oath shall approve the Articles under-expressed to a word 1. That particular Laws made against Roman Catholicks under which other Vassals of our Realms are not comprehended and to whose observation all generally are not obliged as likewise general Laws under which all are equally comprised if so be they are such which are repugnant to the Romish religion shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in execution against the said Roman Catholicks and we wil cause that our Council shall take the same Oath as far as it pertains to them and belongs to the execution which by the hands of them their Ministers is to be exercised 2. That no other Laws shall hereafter be made anew against the said Roman Catholicks but that there shall be a perpetual Toleration of the Roman Catholick Religion within private houses throughout all our Realms and Dominions which we will have to be understood as well of our Kingdoms of Scotland and Ireland as in England which shall be granted to them in manner and form as is capitulated decreed granted in the Article of the Treaty concerning the Marriage 3. That neither by us nor by any other interposed person whatsoever directly or indirectly privately or publikely will we treat or attempt any thing with the most renowned Lady Infanta Donna Maria which shall be repugnant to the Romish Catholick religion Neither will we by any means perswade her that she should ever renounce or relinquish the same in substance or form or that she should do any thing repugnant or contrary to those things which are contained in the Treaty of Matrimony 4. That We and the Prince of Wales will interpose our authority and will do as much as in us shall lie that the Parliament shall approve confirm and ratifie all and singular Articles in favor of the Roman Catholicks capitulated between the most renowned Kings by reason of this Marriage And that the said Parliament shall revoke and abrogate particular Laws made against the said Roman Catholicks to whose observance also the rest of our Subjects and Vassals are not obliged as likewise the general Laws under which all are equally comprehended to wit as to the Roman Catholicks if they be such as is aforesaid which are repugnant to the Roman Catholick Religion And that hereafter we will not consent that the said Parliament should ever at any time enact or write any other new Laws against Roman Catholicks MOreover I Charls Prince of Wales engage my self and promise that the most Illustrious King of Great Britain my most honored Lord and Father shall do the same both by word and writing That all those things which are contained in the foregoing Articles and concern as well the suspension as the abrogation of all Laws made against the Roman Catholicks shall within thrée years infallibly take effect and sooner if it be possible which we will have to lie upon our Conscience and Royal honor That I will intercede with the most illustrious King of G. Britain my father that the ten years of the education of the children which shall be born of this marriage with the most illustrious Lady Infanta their mother accorded in the 23 Art which term the Pope of Rome desires to have prorogued to twelve years may be lengthened to the said term And I promise fréely and of my own accord and swear That if it so happen that the entire power of disposing of this matter be dâ—volved to me I will also grant and approve the said term Furthermore I Prince of Wales oblige my self upon my faith to the Catholick King That as often as the most illustrious Lady Infanta shall require that I should give ear to Divines or others whom her Highness shall be pleased to employ in matter of the Roman Catholick religion I will hearken to them willingly without all difficulty and laying aside all excuse And for further caution in point of the frée exercise of the Catholick religion and the suspension of the Law above-named I Charls Prince of Wales promise and take upon me in the word of a King that the things above promised and treated concerning those matters shall take effect and be put in execution as well in the Kingdoms of Scotland and Ireland as of England The Privy-Councellors Oath was this I A.B. do swear That I will truly and fully observe as much as belongeth to me all and every of the Articles which are contained in the Treaty of Marriage betwéen the most gracious Charls Prince of Wales and the most gracious Lady Donna Maria Infanta of Spain Likewise I swear that I will neither commit to execution nor cause to be executed either by my self or by any inferior Officer serving me any
require of you by these Presents is Which we do promise in the name of Us our Heirs and Successors to repay to you or your Assigns within Eighteen moneths after the paiment thereof unto the Collector The person whom we have appointed to collect it is To whose hands we do require you to send it within Twelve days after you have received this Privy-Seal which together with the Collectors Acquittance shall be sufficient Warrant unto the Officers of our Receipt for the repaiment thereof at the time limited Given at c. The Collectors of this Loan were appointed to pay into the Exchequer the Sums received and to return the Names of such as discovered a disposition to delay or excuse the paiment of the Sums imposed Amidst the preparations for War with Spain the Privy-Council issued out Warrants for the disarming of Popish Recusants grounding their Order upon the Petition of the late Parliament HIs Majesty and we of his Council having received information from so many several parts of the bold and impudent spéeches used by many Romish Catholicks of this Realm declaring how much they are offended with the gracious satisfaction given by his Majesty to the Lords and Commons in Parliament in the points concerning the Conservation of true Religion as it is at this day by Authority preached in the Church of England And having just cause to doubt that many violent Papists through the instigation of Iesuited Priests may be inclined to take part with such as we well understand at this time practise with the Kings Subjects to raise stirs and tumults which they do not only foment by perswasions and instigations but with promise of assistance and seconding them with Arms their pretext being Religion but their ends Conquest pushed thereunto by an unlimited Ambition to a General Monarchy of which we have too large and clear proof And although we do not misjudge and condemn all his Majesties Subjects Romish Catholicks but believe that many of them will imploy their Arms and lives in his service Yet because we are not able to distinguish betwéen the well and worse-affected We have seconded with one Advice his Majesties Princely inclination following the example of his wiâ—e Predecessors of happy memory and government to take out of the possession of all Romish Recusants convicted or justly suspected according to the Acts of State heretofore expressed all such Martial Ammunitions Arms and Weapons as shall be found in their houses or discovered to be in the houses of any other persons belonging by right to any of the said Romish Recusants But so that the said Arms be only taken to be safely kept and the Property to be reserved to the Owners according to the former Presidents in like Cases This Design proceeded and the Council directed their Letters to these Lords Recusants viz. The Marquis of Winchester and the Lord St. John his son Lord Viscount Mountague Lord Viscount Colchester Lord Peter the Earl of Castlehaven Lord Morley Lord Vaux Lord Eures Lord Arundel of Warder Lord Tenham Lord Herbert Lord Windsor requiring them to render their Arms and Furniture thereunto belonging together with all their Habiliments of War to be removed into places convenient and to remain there till the King shall determine otherwise Moreover the Privy-Council having received information from the Lords-Lieutenants in divers parts of the Kingdom That there was great and unaccustomed Resort to the houses of Papists and that other Courses justly to be suspected were held among them Authorised the Lords-Lieutenants to examine the truth and reason of such Assemblies and Entertainment and of the conveyance and intercourse of Letters as also to enquire and search if there were any preparation of Men or Arms or Practice of Arms or endeavors of Alteration among persons discontented with the present Government In the mean time the Fleet was ready and Ten brave Regiments were designed for this Expedition The Duke not going in person Sir Edward Cecil was created Lord Viscount Wimbleton and made Commander in Chief In the Choice of the Officers for this service Sir Robert Mansel an experienced Sea-Commander was neglected which much disgusted the Mariners The Common Censure that passed both upon the Duke and this Enterprise may be known by the Lord Cromwels free language to the Duke in this Letter THey offer to lay wagers the Fleet goes not this year And that of necessity shortly a Parliament must be which when it comes sure it will much discontent you It is wondred at that since the King did give such great Gifts to the Duchess of Chevereux and those that then went how now a small Sum in the Parliament should be called for at such an unseasonable time And let the Parliament sit when it will begin they will where they ended They say the Lords of the Council knew nothing of Count Mansfield's Iourney or this Fleet which discontents even the best sort if not all They say it is a very great burden your Grace takes upon you since none knows any thing but you It is conceived that not letting others bear part of the burden you now bear it may ruine you which Heaven forbid Much discourse there is of your Lordship here and there as I passed home and back And nothing is more wondred at then that one Grave man is not known to have your ear except my good and Noble Lord Conway All men say if you go not with the Fleet you will suffer in it because if it prosper it will be thought no act of yours and if it succeed ill they say it might have been better had not you guided the King They say your undertakings in the Kingdom will much prejudice your Grace And if God bless you not with goodness as to accept kindly what in duty and love I here offer questionless my freedom in letting you know the discourse of the world may much prejudice me But if I must lose your favor I had rather lose it for striving to do you good in letting you know the talk of the wicked world then for any thing else so much I heartily desire your prosperity and to see you trample the ignorant multitude under foot All I have said is the Discourse of the World and when I am able to judge of Actions I will freely tell your Lordship my mind Which when it shall not always incline to serve you may all Noble thoughts forsake me But whilst the English Fleet was preparing for this Voyage great Reports were given out that the Spaniard would land Forces upon the Coast of Essex Wherefore the Earl of Warwick was commanded with Three thousand of the Trained Bands of Essex to secure the Port of Harwich and Langer-Point which service he performed with much readiness But upon the Blocking up of Dunkirk with Ships belonging to the English and to the States of the United Provinces his Lordship was ordered to dismiss his men Presently after Advertisements came to
ever blessed Father in these words That he was commanded by the House concerning the Plaister applied to the King That he did forbear to speak further in regard of the Kings Honor or words to that effect this his Majesty conceiveth to be to his dishonor as if there had been any underhand dealing by his Majesty in applying of the Plaister and this may make his Subjects jealous of his doings In this Point his Majesty is assured that the House did not warrant him Now for that which is excepted against Sir Iohn Elliot his over bitterness in the Aggravation upon the whole Charge and specially upon some of the heads of it For if you please to remember when I moved for putting of the St Peter of Newhaven out of the Charge against the Duke of Buckingham and shewed my reasons for that purpose you know how tender Sir Iohn Elliot was of it as if he had been a child of his own and so carefull in the handling thereof by a Stranger that he would not suffer it to be touched though with never so tender a hand for fear it might prove a Changeling which did manifest how specious soever his pretences were that he had occulum in Cauda And I must confess I was heartily sorry when he delivered his Aggravation to the Lords to see his Tartness against the Duke when as he had occasion to name him he onely gave him this Title of This man and The man whereas the other observed more respect and modesty in their Charges against so great a Person as the Duke is considering that then he was not convicted but stood rectus in Curia Lastly for pressing the death of his late Majesty you know that the Sense of the House concluded That it is only an Act of Presumption nay some of them expresly said Nay God forbid that I should lay the death of the King to his Charge If he without warrant from the House insisted upon the Composition of the Plaister as if there were Aliquid latet quod non patet This was beyond his Commission from our House and this is that which his Majesty doth except against And this I say drew his Majesty with other insolent Invectives to use his Regal authority in committing them to the Tower Sir Dudley Diggs being charged for saying in the matter of applying the Plaister to his late Majesty That he did forbear to speak further of that in regard of the Kings honor or words to that effect There passed a Protestation of every man in particular for himself and it was Ordered in the House That they that were sick in the Town should have three of the House sent to them to take this Protestation likewise I Protest before Almighty God and this House of Parliament That never gave consent that Sir Dudley Diggs should speak these words that he is now charged withall or any words to that effect And I have not affirmed to any that he did speak such words or any to that effect Within few dayes after Sir Dudley being released out of Prison came into the House and made Protestation concerning the Passage whereat his Majesty had taken offence That speaking of the Plaister applied to the Body of the late King he said He would forbear to speak any further of it in regard of the Kings honor He protested that this was far from his words and that it never came into his thoughts And he gave the House great thanks for their respect unto him and said That he had received from his Majesty a gracious testimony of his satisfaction And the King himself signified to the House by the Vice-Chamberlain That he understood out of some Notes which were taken at the Conference that Sir Dudley Diggs had spoken the words wherewith he was charged but now was satisfied that he did not speak them nor any words to such effect Nevertheless the Duke affirmed to the House of Peers that some words were spoken at this late Conference by Sir Dudley Diggs which so far did trench upon the Kings Honor that they are interpreted Treasonable and that had he not been restrained by order of the House he would then have reprehended him for the same He therefore earnestly desired for that divers constructions have been made of those words and for that they have been diversly reported that every one of the said Reporters would be pleased to produce their Notes taken at the Conference This matter was much debated and the House of Peers often put into a Committee and reassumed again but they came to no resolution therein In fine these Lords following to the number of thirty six made this voluntary Protestation upon their Honors That the said Sir Dudley Diggs did not speak any thing at the said Conference which did or might trench on the Kings Honor and if he had they would presently have reprehended him for it The Lord President affirmed That he had reported the words in the same sence they were delivered unto him by the party himself and though the connexion of them require to be explained yet he agreed with the rest of the Lords for the Parties good meaning and made the same Protestation The Lords who Protested were these viz. The Earl of Mulgrave Earl of Cleveland Earl of Westmerland Earl of Bullingbrook Earl of Clare Earl of Denbigh Earl of Cambridge Earl of Devon Earl of Warwick Earl of Northampton Earl of Bridgewater Earl of Montgomery Earl of Nottingham Earl of Lincoln Earl of Essex Earl of Herâ—ford Earl ef Kent Earl of Oxon. Lord Grey of Warke Lord Noell Lord Montague Lord Russel Lord North. Lord Cromwell Lord Vaux Lord Dudley Lord Morley Lord Piercy Lord Bishop oâ— Sarum Lord Bishop of Landaffe Lord Bishop of Chester Lord Bishop of Cov. and Lich. Lord Bishop of Worcester Lord Bishop of Norwich Lord Vicount Say and S. Lord Vicount Rocheford Not long after Sir Iohn Elliot also was released out of the Tower and sent for to come into the House Then the Vice-Chamberlain stood up and by way of Explanation of his former Speech said That he intended not to charge him but to give him an occasion to discharge himself First That all the others had used respective words in the Conference but for the manner of his Speech he conceived it was too tart and harsh to the person of the Duke and that in representing a Character of his minde by comparing him with a strange beast he had out-gone his Commission Secondly That contrary to the sense of the House as if they were ignorant of the return of the ships out of France he said They say they are come but I know it not when the House knew it full well That speaking of the Duke he said That man which phrase in all Languages is accounted a great indignity to persons of Honor That he made scandalous comparisons between the Duke and Sejanus and the Bishop of Ely which was
well-beloved Sir VVilliam Balfoure Knight and Iohn Dolbier Esquire or either of them for levying and providing certain numbers of Horses with Armes for Horse and Foot to be brought over into this Kingdome for our service viz. for the levying and transporting of one thousand Horse fifteen thousand pounds for five thousand Muskets five thousand Corslets and five thousand Pikes ten thousand five hundred pounds and for one thousand Curaseers compleat two hundred Corslets and Carbines four thousand five hundred pounds amounting in the whole to the said summe of thirty thousand pounds And this our letter shall be your sufficient warrant and discharge in this behalf Given under our Privy Seal at our Palace of Westminster the 30th of Ianuary in the third year of our Reign Iune the seventh the King came to the Lords House and the House of Commons were sent for And the Lord Keeper presented the humble Petition of both Houses and said MAy it please your most excellent Majesty the Lords Spiritual and Temporal and Commons in Parliament assembled taking into consideration that the good intelligence between your Majesty and your people doth much depend upon your Majesties answer unto their Petition of Right formerly presented With unanimous consent do now become most humble Suitors unto your Majesty that you would be pleased to give a clear and satisfactory answer thereunto in full Parliament Whereunto the King replyed The answer I have already given you was made with so good deliberation and approved by the judgements of so many wise men that I could not have imagined but it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you there is no doublenesse in my meaning I am willing to pleasure you as well in words as in substance read your Petition and you shall have an answer that I am sure will please you The Petition was read and this answer was returned Soit droit fait come il est desire C. R. This I am sure said his Majesty is full yet no more then I granted you in my first Answer for the meaning of that was to confirm your liberties knowing according to your own Protestations that ye neither meane nor can hurt my Prerogative And I assure you my Maxime is That the Peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the Peoples Liberties You see how ready I have shewed my self to satisfie your demands so that I have done my part Wherefore if this Parliament have not a happy conclusion the sin is yours I am free from it Whereupon the Commons returned to their own House with unspeakable joy and resolved so to proceed as to expresse their thankfulnesse and now frequent mention was made of proceeding with the Bill of subsidies of sending the Bills which were ready to the Lords of perfecting the Bill of Tunnage and Poundage and Sir Iohn Strangeâ—â—ies also expressed his joy at the answer and further added Let us perfect our Remonstrance King Iames was wont to say He knâ—w that by Parliaments which otherwise he could never have known After the granting of the Petition of Right the House ordered that the Grand Committees for Religion Trade Grievances and Courts of Justice to sit no longer but that the House proceed only in the consideration of Grievances of most moment And first they fell upon the Commission for Excise and sent to the Lord Keeper for the same who returned answer that he received Warrant at the Councel Table for the sealing thereof and when it was Sealed he carried it back to the Councel Table The Commission being sent it was read in the House viz. CHarles By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Sir Thomas Coventry Knight Lord Keeper of the Great Seale of England To James Earl of Malburg Lord High Treasurer or England Henry Earl of Manchester Lord President of our Councel Edward Earl of Worcester Lord Keeper of our Privy Seal George Duke of Buckingham Lord high Admiral of England William E. of Pembrook Lord Steward of Our Houshold Philip Earl of Mountgomery Lord Chamberlain of Our Houshold Theophilus Earl of Suffolk Edward Earl of Dorset William Earl of Salisbury Thomas Earl of Exeter John Earl of Bridgwater James Earl of Carlisle Henry Earl of Holland William Earl of Denbigh George Earl of Totnes Sir George Hay Kt. Lord Chancellor of Scotland William Earl of Morton Thomas Earl of Kelley Thomas Earl of Mellers Edward Uiscount Conway one of our principal Secretaries of State Edward Uiscount Wimbleton Oliver Uiscount Grandison Henry Falkland Lord Deputy of Ireland To the Lord Bp. of Winchester Wil. Lord Bp. of Bath and Wells Fulk Lo. Brook Dudley Ash Lord Carlton Uice Chamberlain of Our Houshold Sir Thomas Edmonds Treasurer of our Houshold Sir John Savil Controler of Our Houshold Sir Robert Nanton Master of the Court of Wards Sir John Cook one of the principal Secretaries of State Sir Richard Weston Chancellour and under Treasurer of our Exchequer Julius Caesar Master of the Rolls and Sir Humphrey May Kt. Chancellour of Our Dutchy of Lancaster Greeting Whereas the presâ—nt Conjuncture of the general affairs of Christendom and our own particular interest in giving assistance unto our oppressed Allies and for providing for the defence and safety of our own Dominions and People do call upon Us to neglect nothing that may conduce to those good ends And because Monies the principal sinâ—ws of War and one of the first and chiefest movers in all great Preparations and Actions are necessary to be provided in the first place and We are carefull the same may be raised by such ways as may best stand with the State of Our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience We have had and for the trust we repose in your wisdoms fidelities and dutifull care of your service And for the experience we have of all great Causes concerning us and our State both as they have relation to Foraine parts abroad and as to our Common-wealth and People at home Ye being persons called by us to be of Our Privy Councel have thought sit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your special care and diligence And we do hereby authorise and appoint and strictly will and require you that speedily and seriously you enter into consideration of all the best and speediest ways and means ye can for raising of Monies for the most Important occasions aforesaid UUhich without extreamest hazard to Us our Dominions and People and to our Friends and Allies can admit of no long delay the same to be done by Impositions or othâ—rwise as in your wisdoms and best Iudgments ye shall find to be most convenient in a case of this inevitable necessity wherein Form â—nd
Cases at the Council Table when great Causes were heard before the King and Council And when matters were agitated at a greater distance I was there also and went on purpose out of a curiosity to see and observe the passages at the Camp at Berwick at the Fight at Newborn at the Treaty at Rippon at the great Council at York and at the meeting of the Long Parliament The Observations I made during all the said time shall be further known if I be encouraged to proceed and that this my Forlorn be not repelled and defeated Thus have I good Reader acquainted thee in plain English with the Lines and rude Draughts of what hath been and what is like to be multorum annorum opus in which as I never did approve so neither could I perswade my self to tread in their Steps who intermingle their Passion with their stories and are not content to write of unless they write also for a Party or to serve an Interest and so declare themselves far better Advocates then Historiansâ—â— I profess that in singleness of heart I aim at truth which to me has alwayes seemed hugely amiable even without the tires and advantages of Wit and Eloquence And therefore in order to my greatest purpose I have esteemed the most unaffected and familiar Stile the best Altum alii teneant And so irresistible is the force of Truth and the Divine Providence so great that howsoever all possible diligence may have been used to carry things in secret and to act by colourable Pretences men often acting like Tumblers that are squint-eyed looking one way and aiming another Yet hath God in these our dayes brought to light such Secrets of State such private Consultations such strâ—nge Contrivances discovered by Letters Papers and Cabinet-memorials seised on in time of the War as otherwise probably neither we nor our Posterity should have ever known I conclude with the learned Spaniards opinion Satis est Historiae si sit vera quae ut reliqua habeat omnia si veritatem non habet obtinere nomen suum non potest J. RUSHWORTH 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h.e. Anglorum leges Suadam consulta Senatus ausáque cuncta loquor tempore quaeque suo Excipis adverso si pectore ore maligno pluribus invideas Zoile nemo tibi The Printer to the Reader BEing obliged to get this Book finished against the ensuing Term I was constrained to make more haste then ordinary so that possibly some Faults have escap'd which I request the Courteous Reader to Pardon and Amend as they shall be met with VALE The right high and most mightie Monarch â—AMES by the Graâ—ce of God King of great Britaine Fraunce and Ireland c Defendor of the Faith Historical Collections THe grand business of State in the latter times of King Iames was the Spanish Match which had the Kings heart in it over-ruled all his Counsels and had a mighty influence upon the Universal State of Christendom This King affecting the name of a King of Peace and Peace-maker as his chief glory had designed what in him lay the setling of a general Peace in Europe and the reconciling of all Parties and professed that if the Papists would leave their King-killing and some other grosser Errors he was willing to meet them half way moreover he was ever zealous for the honor and height of regal Majesty and to maintain the glory of it in his Successors 't was his chief desire and care to match his Son with some Princess of most high descent though of a different Religion There had been a Treaty of Marriage between the late Prince Henry and a Daughter of Spain which on the Spaniards part was found a meer Complement carried on by the accustomed gravity and formality of that Nation For Cecil Earl of Salisbury the great States-man of that time pursued and drove the matter to that point that the Duke of Lerma finding no evasion disclaimed the being of a Marriage Treaty Nevertheless the Spanish Ambassador to acquit himself to this State and to clear his own honesty at a full Council produced his Commission together with his Letters of Instruction given under the Duke's hand Such manner of dealing might have been sufficient Cause of just Indignation against any future motion of this Alliance After death of Prince Henry the King set his thoughts upon a Daughter of Henry the Fourth late King of France as the fittest Match for Prince Charles and by Sir Thomas Edmonds his Legier Ambassador endeavored to know the minde of that State but could not discern their affections and was not willing to discover his own At length taking occasion to send the Lord Hayes Extraordinary Ambassador to the French King to Congratulate his Marriage with Anne the Infanta of Spain he resolved to make a thorow Trial The matter was put forth and in appearance well taken but proved of no effect For the Duke of Savoy was before-hand and prevailed for his Son the Prince of Piedmont During this Negotiation of Alliance with France the Duke of Lerma frequently intimated unto Sir Iohn Digby Ambassador Resident in Spain an extraordinary desire in the King his Master not onely to maintain Peace and Amity with the King of great Britain but to lay hold on all means that might be offered for the nearer uniting of their Majesties and their Crowns as also a disposition in this regard to match his second Daughter to the Prince of Wales The Ambassador replyed that His Majesty had little reason to give ear to this overture having not long since in the Treaty for the late Prince received such an unexpected Answer and Demands so improper and unworthy and that there needed more then ordinary assurance to induce him to believe that there was now so great a change and the match desired in good earnest and not propounded meerly to divert the match with France wherefore he expected the proposal of such terms of advantage and certainty as might gain a belief of their sincere Intentions Lerma promised a further Conference But by reason of a strong report that the Match with France was absolutely concluded and within few dayes to be published the business lay asleep until Sir Iohn Digby going for England was desired by the Duke to give him notice of the state of this Affair From hence Digby gives him to understand that there was no cause of dispair concerning this new overture unless the difficulty of the Conditions should make it desperate but if the Demands in point of Religion were no more then what would satisfie another Catholick Prince and to which his Majesty might yeild with Honor he knows that divers persons not of the meanest power were well inclined and ready to give their helping hand He said further that it were much better not to revive this motion then by impossible and unfitting
a great downfal and may serve I hope in it self for an expiation of my faults Therefore if Mercy and Mitigation be in your Lordships power and no way cross your ends Why should I not hope of your favor and commiseration Your Lordships will be pleased to behold your cheif pattern the King our Soveraign a King of incomparable Clemency and whose heart is instructable for Wisdom and Goodness And your Lordships will remember there sate not these Hundred years before a Prince in your House and never such a Prince whose presence deserveth to be made memorable by Records and Acts mixt of Mercy and Iustice. Your selves are either Nobles and compassion ever beateth in the Veins of Noble Blood or Reverend Prelates who are the Servants of him that would not break the bruised Reed or quench the smoaking Flax. You all sit upon a high stage and therefore cannot but be sensible of the change of humane conditions and of the fall of any from high place Neither will your Lordships forget that there are Vitia temporis as well as Vitia hominis and the beginning of Reformation hath the contrary power to the Pool of Bethesda for that had strength to cure him onely that was first cast in and this hath strength to hurt him onely that is first cast in and for my part I wish it may stay there and go no further Lastly I assure my self your Lordships have a noble feeling of me as a member of your own Body and one that in this very Session had some taste of your loving affections which I hope was not a lightning before the death of them but rather a spark of that grace which now in the conclusion will more appear And therefore my humble suit to your Lordships is That my penitent Submission may be my Sentence the loss of my Seal my punishment and that your Lordships would recommend me to his Majesties Grace and Pardon for all that is past Gods holy Spirit be among you The Parliament not satisfied with this general Acknowledgment do require the Chancellor either to confess the particulars of the Charge or they would descend to proof against him Hereupon he came to an express and plain Acknowledgment even to confess his Servants receipt of a dozen of Buttons as a gift in a Cause depending before him and put himself upon their Lordships Mercy And he further said That he was never noted for an avaritious man and the Apostle saith Coveteousness is the root of all evil and hoped their Lordships did finde him in a state of Grace for that in all particular charges against him there were few or none that were not almost two years old Whereas those that have the habit of corruption do commonly wax worse and worse and for his estate it was so mean and poor That his care was now cheifly to satisfie his Debts The Lords afterwards pronounced him guilty of the Charge exhibited against him and in the presence of the Commons gave Sentence That he should undergo Fine and Ransome and be made incapable to bear office c. This Learned Peer eminent over the Christian World for his many Writings extant in Print was known to be no admirer of Money yet had the unhappiness to be defiled therewith He treasured up nothing either for himself or his family for he both lived and died in debt he was over indulgent to his Servants and connived at their takings and their ways betrayed him to that error they were profuse and expensive and had at command what ever he was master of The gifts taken were for the most part for interlocutory Orders his Decrees were generally made with so much Equity that though gifts rendred him suspected for injustice yet never any Decree made by him was reversed as unjust as it hath been observed by some knowing in our Laws About the same time Sir Henry Yelverton was accused by the Commons who by charging him rendred him the less offender and he thereby had the opportunity to speak that at the Bar which he durst not say in the Tower where he was yet a prisoner upon a late Sentence in the Star-Chamber for passing some Clauses in the City Charter when he was Attorney General not agreeable to His Majesties Warrant The matter charged against him by the Commons was for committing divers persons for not entring into Bonds to restrain their own Trades That he signed Dormant Warrants having no Authority for the same That he advised the Patents of Gold and Silver Thred to be resumed into the Kings hands conceiving the same to be a Monopoly and advised the Patentces to proceed by Contract with the King That Four thousand Quo Warranto's were granted by him touching the Patents of Inns and but two to come to trial That he commenced divers Suits in the Exchequer touching the Gold and Silver Thred but did not prosecute the same Which Charge being read unto him he said He thought himself happy in the midst of His Majesties disfavor that His Majesty was pleased to cast the Grace upon him as to send him to this Honorable House That Innocence hath her present Answer but Wisdom requires time Therefore he made it his humble suit for time to give his further Answer adding withal That the cheif Complaint against him was concerning the two Patents of Gold and Silver Thred Inns and Osteries He said That if he deserved well of His Majesty it was in that matter That the King and Subjects were more abused by that Patent then by any other and that he suffered at that day for opposing that Patent as he took it The King being informed of this passage in his Speech came in person to the House of Peers took notice thereof saying It seemed strange unto him that Sir Henry Yelverton should be questioned here upon any thing save the Patent of Gold and Silver Thred For His Majesty did not conceive that any matter was complained of against him touching the Inns and Osteries whereof he was also examined Touching which Patent Mompesson had made complaint to His Majesty that Yelverton refused to send any Proces of Quo Warranto against a multitude of Innkeepers and His Majesty accepted Yelvertons modest Answer That he misliked those proceedings against his Subjects His Majesty to clear himself did lay open the many former just mislikes which he had against Sir Henry and his gentle proceedings against him for the same And when His Majesty intended to question him Buckingham Lord Admiral besought him not to think of any private wrongs done to his Lordship His Majesty added That in the Examination of the business touching the Charter of London Yelverton had first justified himself by His Majesties Warrant and that by that Warrant he might have given away all London from him yet at length he made a good Submission in the beginning but in the end he said he had not wronged His Majesty in his Prerogative And sith that now Yelverton doth tax His
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
other Ambassadors will do so no more I am a good Master that never doubted of him for I know him to be so good a Schollar of mine that I say without vanâ—ty he will not exceed his Masters Dictates And I trust the Report not the worse he made because it is approved by you all yet I believe an honest man as much as all the World and the rather because he was a Disciple of mine And I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I finde you have done The Lords having debated those high Matters of State which the King put into their hands delivered their opinions That his Majesty cannot with honor and safety and with the conveniency of State and Religion proceed any further in the Treaty of the Princes Marriage nor relie any longer upon the Treaty for the recovery of the Palatinate in which Vote the Commons concurred with them And in this manner both Houses Addressed themselves to the King May it please your most Excellent Majesty WE are come unto you imployed from your most faithful Subjects and Servants the Lords and Commons assembled in this present Parliament And first They and we do give most humble and hearty thanks unto Almighty God that out of his gracious goodness he hath been pleased now at last to dispel the Clouds and Mists which for so many years have dimmed the eyes of a great part of Christendom in the business whereof we do now consult And secondly We acknowledge our selves most bound unto your Majesty that you have been pleased to require the humble Advice of us your obedient Subjects in a Case so important as this is which hitherto dependeth between your Majesty and the King of Spain Which we jointly offer from both Houses no one person there dissenting or disagreeing from the rest And it is upon mature consideration and weighing many particulars of sundry natures that finding so much wanâ— of Sincerity in all their Proceedings We super totam materiam present this our humble Address unto your Majesty That the Treaties both for the Marriage and the Palatinate may not any longer be continued with the honor of your Majesty the safety of your People the welfare of your Children and Posterity as also the assurance of your antient Allies and Confederates Reasons were also presented to fortifie this Vote Whereas the Propositions of the Match were at the first no more then Liberty of Conscience to the Infanta and her Family which the King might in honor grant The Spaniards taking advantage of the Prince's being in Spain importuned a General Connivence of Religion to the diminution of the Kings Soveraignty and against the usage of other Catholick Princes in the like Treaties and to the discouragement of all his well-affected Subjects And this they have labored with the Pope being of mischievous consequence During this Treaty the Popish Faction hath mightily increased And whereas heretofore they were wont to be divided some taking part with the Secular Priests and some with the Iesuites they are united which is a matter of great consequence considering they do as well depend on Spain for Temporal matters as on Rome for Spiritual And they cannot be suppressed as long as the Treaty holds They have by this Treaty devoured our Allies and the Protestant party in Germany and elswhere to the decay of true Religion and to the jealousie of our Friends beyond the Seas During this Treaty of Love they have spoiled his Majesties Son-in-law of his Lands and Honors and notwithstanding promises of Restitution still invaded his Rights and at length turned pretended Difficulties into apparent Impossibilities They have deluded our King and offered indignity to our Prince by importuning him again and again to a Conversion contrary â—o the Law of Hospitality and the Priviledge of Princes The Insincerity of their Proceedings is to be seen by that former Overture of Marriage for the late Prince Henry which after many specious Motions was followed with a disavowing of their own Ambassador and a scornful Proposition made to the King of the Prince's altering his Religion As also by the Treaty of Bruxels where the Lord Weston found nothing but Delays and Deceit and after divers peremptory Commands from Spain for his Majesties satisfaction it wrought no other effect then the Besieging and taking of Heidelburgh insomuch that the Ambassador was forced to protest and return To these things were added the Translation of the Electorate to the Duke of Bavaria and the Letter of the King of Spain to Conde Olivares with the Conde's Answer which imported that the Match was never intended As also after the Prince had taken a hazardous Journey they devised a shift by a Iuncto of Divines to let him come home without the Lady These Reasons were presented to the King by the universal consent of the House of Commons Hereupon the King came to Parliament and made a Speech deliberative enquiring into the Condition of the War which they advised and the means to uphold and carry it on My Lords and Gentlemen all I Have cause first to thank God with my heart and all the faculties of my mind that my Speech which I delivered in Parliament hath taken so good effect amongst you as that with an unanimous consent you have freely and speedily given me your Advice in this great Business for which I also thank you all as heartily as I can I also give my particular thanks to the Gentlemen of the Lower House for that I heard when some would have cast Jealousies and Doubts between me and my people they presently quelled those motions which otherwise might indeed have hindred the happy Agreement I hope to find in this Parliament You give me your Advice to break off both the Treaties as well concerning the Match as the Palatinate And now give me leave as an old King to propound my Doubts and hereafter to give you my Answer First it is true that I who have been all the days of my life a peaceable King and have had the honor in my Titles and Impresses to be stiled Rex Paciâ—icus should be loth without necessity to imbroil my self with War far from my Nature and from my Honor which I have had at home and abroad in endeavouring to avoid the effusion of Christian blood of which too much hath been shed and so much against my heart I say that unless it be upon such a Necessity that I may call it as some say merrily of Women Malum necessarium I should be loth to enter into it And I must likewise acquaint you that I have had no small hope given me of obtaining better Conditions for the Restitution of the Palatinate and that even since the sitting down of the Parliament But be not jealous or think me such a King that would under pretence of asking your Advice put a scorn upon you by disdaining and rejecting it For you
Temporalty with the Judges opinions 35. An Act for the Kings General Pardon Private Acts. 36. An Act for the Confirmation of Wadham-Colledge in Oxon and the Possessions thereof 37. An Act for the Naturalizing of Philip Burlemacchi 38. An Act for the Naturalizing of Giles Vandeput 39. An Act to enable William Earl of Hereford and Sir Francis Seymor Knight to sell Lands for the paiments of Debts and establishing other Lands 40. An Act for the Naturalizing of Sir Robert Anstrother Sir George Abercromy Knights and Iohn Cragge Doctor of Physick 41. An Act to confirm the Copiholders Estates of Stepney and Hackney according to a Decree in Chancery between the Lord of the Manor and the said Copiholders 42. An Act to confirm an assurance of Lands sold by Sir Thomas Beaumont Knight and his wife to Sir Thomas Cheek Knight 43. An Act to erect a Free-school and Alms-house and House of Correction in Lincolnshire 44. An Act to enable Martin Calthorp to sell Lands for preferment of younger Children and paiment of Debts 45. An Act for setling the Manor of Goodneston and other Lands of Sir Edward Ingram Knight 46. An Act to enable Dame Alice Dudley wife of Sir Robert Dudley Knight to assure the Manor of Killingworth and other Lands to Prince Charls 47. An Act to confirm an Exchange of Lands between Prince Charls and Sir Lewis Watson Knight and Baronet 48. An Act for the setling of the Lands of Anthony Vicount Montague for paiment of his Debts and raising of Portions 49. An Act to enable Sir Richard Lumley Knight to sell Lands for the paiment of his Debts and preferment of Children 50. An Act to confirm a Decree in Chancery made by the consent of the Lord of Painswick in Com. Glouc. and his Customary Tenants there 51. An Act for the Naturalization of Sir Francis Steward Knight Walter Steward James Maxwell William Car and Iames Levingston Esquires 52. An Act for the Naturalization of Iohn Young Doctor of Divinity 53. An Act for the Naturalizing of Iane Murrey Widow and William Murrey Esquire 54. An Act to make good a Conveyance of Little Munden made from Sir Peter Vanlore Knight and Sir Charls Caesar Knight unto Edmond Woodhall Esquire and his heirs 55. An Act to enable Vincent Low to sell Lands for paiment of his Debts 56. An Act to enable Toby Palyvicine to sell Lands for the paiment of Debts and preferment of Children 57. An Act for Naturalizing of Sir Robert Car Knight 58. An Act to confirm the Manor of New-Langport and Seavans and other Lands late being the Inheritance of Sir Henry James Knight in a Premunire convicted unto Martin Lumley Lord Mayor of London Alice Woodriff widow and Edward Cropley c. 59. An Act for Naturalizing of Sir Stephen Leisure 60. An Act for Naturalizing of Iames Marquis of Hamilton 61. An Act for Naturalizing of Sir William Anstrother Knight Doctor Balcanqual and Patrick Abercromy 62. An Act to confirm the Sale of Lands made by Sir Edward Heron Knight unto Bevel Moulsworth Esquire and to enable the said Sir Edward to sell other Lands for paiment of Debts and to settle other Lands upon Robert and Edward Heron. 63. An Act for the Naturalizing of Abigal Little and William Little her son 64. An Act for the etablishing of Lands upon Iohn Mohun Esquire son of Sir Rowland Mohun Knight and Baronet according to the Agreements made between them 65. An Act to enable Edward Alcoâ—k to fell the Manor of Rampton and other Lands 66. An Act to explain a Statute made Anno 13 Eliz. for assuring of Eighty two pounds ten shillings per annum to the Bishop of Coventry and Lichfield for ever out of Manors and Lands thereby assured to Edmund Fisher and his heirs 67. An Act for the establishing of Three Lectures in Divinity according to the Will of Thomas Wettenhall Esquire 68. An Act for the repairing of the River running to Colchester and paving of the Town there 69. An Act to enable Francis Clerk Knight to sell Lands for the paiment of Debts and raising of Portions 70. An Act for altering of Gavelkind-Lands being late the Lands of Thomas Potter Esquire Sir George Rivers Knight and Sir Iohn Rivers Baronet and to settle the Inheritance of them upon Sir Iohn Rivors and his heirs 71. An Act to make the Lands of Thomas Earl of Middlesex subject to the paiment of his Debts 72. An Act for the Sale of the Manor of Abbots-Hall late the Possessions of Sir Iames Pointz deceased that the Monies thereby raised may be distributed amongst his Creditors according to his Last Will. 73. An Act for the Naturalizing of Elizabeth Vere and Mary Vere the Daughters of Sir Horatio Vere Knight This Summer Four Regiments of Foot were raised for the service of the United Provinces to be imployed against the Emperor under the Command of four Noble Colonels the Earls of Oxford Essex and Southampton and the Lord Willougby The Town of Frankendal having been sequestred into the hands of the Archduchess Isabella Clara Eugenia Infanta of Spain for the term of Eighteen moneths and that time now growing to an end being to expire about the middle of October next The King commanded those Lords and others that were Commissioners in that Treaty between his Majesty and the Archduchess to assemble and deliberate what was fit to be done concerning the remanding receiving and ordering of that Town The Commissioners unanimously were of opinion That it was fit for his Majesty both in Honor and Interest to remand it and according to the Capitulation to place therein a Garrison of Fifteen hundred Foot and Two hundred Horse with sufficient Victuals for six moneths and a sufficient quantity of all Munition The Infanta having accorded in the Treaty to give them a passage through the King of Spain's Low-Countries The King approved and resolved to follow the Advice and gave Order to the Council of War to consider and discuss the manner of demanding the Town and the way and means of raising the men and conducting them thither and of maintaining and supplying the Garrison with Munition and all things necessary On the day that Frankendal was to be redelivered Spinola with his Forces marcheth out of the Town and finding none of the King of Great Britains Forces ready to enter it instantly re-enters and takes possession pulls down the King of England's Arms and sets up the King of Spain's Yet did the Noble Spaniard leave standing the Monument of two Brothers fighting and stout Enemies of theirs in opposition of whose valor the Spaniard had gained much honor but overcame them at last The Monument is standing in the Dutch Church in Frankendal upon a fair Tomb with this Inscription In beatissimam memoriam Dom. Generosi Gulielmi Fairfax Anglo-Britanni Honoratissimi Domini Thomae Fairfax de Denton in Com. Ebor. Equitis Aurati filii Cohortis Anglicani Ducis insignis Qui annis natus circiter XXVI post animi plurima edita
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
and spun out two days time It was managed by Eight Members and Sixteen more as Assistants The Eight cheif managers were Sir Dudley Diggs Mr. Herbert Mr. Selden Mr. Glanvile Mr. Pym Mr. Sherâ—and Mr. Wandesford and Sir Iohn Elliot Sir Dudley Diggs by way of Prologue made this Speech My Lords THere are so many things of great importance to be said in very little time to day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical Affectations I onely in plain Country Language humbly pray your Lordships favor to include many excuses necessary to my manifold infirmities in this one word I am Commanded by the Knights Citizens and Burgesses of the Commons House to present to your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great Wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upon this occasion The House of Commons by a fatal and universal Concurrence of Complaints from all the Sea-bordering parts of this Kingdom did finde a great and grievous interruption and stop of Trade and Traffick The base Pirates of Sally ignominiously infesting our Coasts taking our Ships and Goods and leading away the Subjects of this Kingdom into Barbarous captivity while to our shame and hindrance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths Our friends on slight pretences made Imbargoes of our Merchants Goods and every Nation upon the least occasion was ready to contemn and slights us So great was the apparent diminution of the antient Honor of this Crown and once strong Reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valors of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the Second they called their Wisest the House of Austria as great and potent and both strengthned with a malitious League in France of persons ill-affected when the Low-Countreys had no Being yet by constant Councils and old English ways even then that Spanish pride was cooled that greatness of the House of Austria so formidable to us now was well resisted and to the United Provinces of the Low-Countreys such a beginning growth and strength was given as gave us honor over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the Causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honor and Reputation in this Kingdom which as in one Centre met in one great Man the cause of all whom I am here to name The Duke of Buckingham Here Sir Dudley Diggs made a little stop and afterwards read the Preamble to the Charge viz. The Commons Declaration and Impeachment against the Duke of Buckingham FOr the speedy Redress of great Evils and Mischeifs and of the cheif cause of these Evils and Mischeifs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honor and safety of our Soveraign Lord the King and of his Crown and Dignity and to the good and welfare of his people The Commons in this present Parliament by the Authority of our said Soveraign Lord the King assembled Do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guienne General-Governor of the Seas and Ships of the said Kingdom Lieutenant-General Admiral Captain-General and Governor of his Majesties Royal Fleet and Army lately set forth Master of the Horse of our Soveraign Lord the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all the Forests and Chases on this side the River Trent Constable of the Castle of Windsor Gentleman of his Majesties Bed-Chamber one of his Majesties most Honorable Privy Council in his Realms both in England Scotland and Ireland and Knight of the most Honorable Order of the Garter The Misdemeanors Misprisions Offences Crimes and other Matters comprised in the Articles following and him the said Duke do accuse and impeach of the said Misdemeanors Misprisions Offences and Crimes My Lords THis lofty Title of this Mighty Man methinks doth raise my spirits to speak with a Paulò Majora Canamus and let it not displease your Lordships if for Foundation I compare the beautiful structure and fair composition of this Monarchy wherein we live to the great work of God the World it self In which the solid Body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may well resemble us the Commons And as it is incompassed with Air and Fire and Sphears Celestial of Planets and a Firmament of fixed Stars all which receive their heat light and life from one great glorious Sun even like the King our Soveraign So that Firmament of fixed Stars I take to be your Lordships those Planets the great Officers of the Kingdom that pure Element of Fire the most Religious Zealous and Pious Clergy and the Reverend Judges Magistrates and Ministers of Law and Justice the Air wherein we breathe All which encompass round with cherishing comfort this Body of the Commons who truly labor for them all and though they be the Foot stool and the lowest yet may well be said to be the setled Centre of the State Now my good Lords if that glorious Sun by his powerful Beams of Grace and Favor shall draw from the Bowels of this Earth an exhalation that shall take Fire and burn and shine out like a Star it needs not be marvelled at if the poor Commons gaze and wonder at the Comet and when they feel the effects impute all to the incorruptible matter of it But if such an imperfect mixture appear like that in the last age in the Chair of Cassiopeia among the sixed Stars themselves where Aristotle and the old Philosophers conceived there was no place for such corruption then as the Learned Mathematicians were troubled to observe the irregular motions the prodigious magnitude and the ominous prognosticks of that Meteor so the Commons when they see such a blazing Star in course so exorbitant in the Affairs of this Commonwealth cannot
memory did procure of the said King the Office of High Treasurer of England to the Lord Vicount M. now Earl of M. Which Office at his procurement was given and granted accordingly to the Lord Vicount M. And as a Reward for the said procurement of the same Grant he the said Duke did then receive to his own use of and from the said Lord Vicount M. the sum of 20000 l. of lawful money of England And also in or about the moneth of Ianuary in the sixteenth year of the Reign of the said late King did procure of the said late King of famous memory the Office of Master of the Wards and Liveries to and for Sir L. C. afterward Earl of M. which Office was upon the same procurement given and granted to the said Sir L.C. And as a reward for the same procurement he the said Duke had to his own use or to the use of some other person by him appointed of the said Sir L.C. the sum of Six thousand pounds of lawful money of England contrary to the Dignity of our Soveraign Lord the King and against the duty that should have been performed by the said Duke unto him These as also the Eleventh Article were enlarged and aggravated by Mr. Pym in this manner My Lords ALthough I know that I shall speak to my own disadvantage yet I shall labor to speak with as little disadvantage to the matter as I can I have no learning or ornament whereby I might shew my self and I shall think it enough plainly to shew the matter For all that I aim at is that I may lose nothing of the Cause And therefore my Lords I shall apply my self with as much convenient brevity as one that knows that your Lordships time is much more precious then my words Your Lordships being such Judges as will measure things by true and natural proportions and not by the proportion of the action or expression The first entrance into my service must be reading the Articles My Lords This Charge for matter of Fact is so notorious and apparent that it needs no proof that these Honors have been procured And therefore I will only insist upon the Consequence First I will shew That by this fact the Duke hath committed a great Offence And secondly That this Offence hath produced a great Grievance to the Commonwealth And I will conclude in strengthening the whole by some Presidents of former times that Parliaments have proceeded in that course in which your Lordships are like to proceed First to prove it a fault or an offence I must prove that there was a duty for every fault presupposeth a duty And in this case the first work is to shew that the Duke was bound to do otherwise For which I need to alleage nothing else then that he is a sworne Servant and Counsellor to the King and so ought to have preferred his Majesties honor and service before his own pride in seeking to Ennoble all that Blood that concerned him And it is not enough to say that it is not questionable For there have been Great men questioned in the like cases There be some Laws made that are particular according to the temper and occasions of several States There are other Laws that be coessential and collateral with Government and if those Laws be broken all things run to disorder and confusion Such is that Rule observed in all States of suppressing Vice to encourage Vertue by apt Punishment and Rewards And this the fittest Law to insist upon in a Court of Parliament when the Proceedings are not limited either by the Civil or Common Laws but matters are adjudged according as they stand in opposition or conformity with that which is suprema lex Salus populi 2. By this late Law whoever moves the King to bestow Honor which is the greatest reward binds himself to make good a double proportion of Merit in that Party who is to receive it The first of value and excellence the second of continuance and durableness And as this Honor sets men up above others so they should be eminent in vertue beyond others As it is perpetual not ending with their persons but descending upon their posterity so there ought to be in the first root of this Honor some such active merit in the service of the Commonwealth as might transmit a vigorous Example to his Successors whereby they may be raised to an Imitation of the like Vertues He said he would for bear to urge this point further out of a modest respect to those persons whom it did collaterally concern professing his Charge to be wholly against the Duke of Buckingham 3. From the consideration of Honor together with the price of Money The which being compared together may be reduced to two heads may it please your Lordships The one being earthly and base may be bought with a proportionable price of white and red earth Gold and Silver The other which is spiritual which is sublime to which Money cannot be a proportionable price Honor is transcendent in regard it was held a sacred and divine thing insomuch that there was a Temple dedicated to her by the Romans And so I conclude by prescription that Honor is a divine thing for the Scripture calls Kings Gods and then those that are about Kings must needs be resembled to those Powers and Principalities that attend next to the Throne And if Honor be such a divine thing it must not then be bought with so base a price as Money 4. Lastly Honor is a Publick thing it is the reward of Publick Deserts And thus your Lordships have seen that the sale of Honor is an offence unnatural against the Law of Nature Now what an offence this is your Lordships may discern considering the kinds of the offence and the Adjuncts which I now fall upon 1. It extremely deâ—lowers the Flowers of the Crown for it makes them cheap to all beholders 2. It takes from the Crown the most fair and frugal Reward of deserving Servants For when Honor comes to be at so mean a rate as to be sold there is no Great man will look after it 3. It is the way to make a man more studious for lucre and gain then of sufficiencie in Vertue when they know that they shall be preferred to Titles of Honor according to the heaviness of purse and not for the weightiness of their merit 4. It introduceth a strange confusion mingling the meaner with the more pure and refined metal 5. Lastly It is a prodigious scandal to this Nation as the House of Commons think For Examples and Presidents I am confident there are none and your Lordships can look for none because it is not parallel'd to any President But certainly it is now a fit time to make a President of this man this great Duke that hath been lately raised to this transcendent height in our Sphere who thinketh he cannot shine enough unless he dim your Lordships Honors in
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
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
end will be only rapine and ruine of all is worthy a prudent and preventing care I have thus far delivered with that freedom you pleased to admit such Difficulties as I have taken up amongst the Multitude as may arrest if not remove Impediments to any Supply in Parliament Which how to facilitate may better become the care of your Judgments then my Ignorance Only I could wish to remove away a personal distaste of my Lord Duke of Buckingham amongst the people He might be pleased if there be a necessity of a Parliament to appear first Adviser thereunto and of the satisfaction it shall please his Majesty of grace to give at such time to his people which I would wish to be grounded by president of his best and fortunate Progenitors And which I conceive will satisfie the desires and hopes of all if it may appear in some sort to be drawn down from him to the people by the zealous care industry that my Lord of Buckingham hath of the publick unity and content By which there is no doubt but he may remain not only secure from any further quarrel with them but merit a happy memory amongst them of a zealous Patriot For to expiate the passion of the people at such times with sacrifice of any of his Majesties Servants I have found it as in Ed. 2. Rich. 2. Hen. 6. no less fatal to the Master then to the Ministers in the end These and such like Considerations being represented to the King Ian. 29. A Resolution is taken at the Council-Table to call a Parliament to meet the 17. of March following And now Warrants are sent according to a preceding Order made in this moneth to all parts to release the Imprisoned Gentry and confined Gentlemen for the business of the Loan-money And as fast as Writs came to the Counties and Boroughs to choose Members for Parliament those Gentlemen who suffered for the Loan were chiefly in the Peoples eye to be elected to serve for them in the ensuing Parliament to present their Grievances and assert their Liberties The Names of the Gentry who about the time that Writs issued out for a Parliament were released out of Restraint and Confinement appear by the ensuing Order and List. At Whitehall Present The Kings Majesty Lord Treasurer Lord President Lord Admiral Lord Steward Lord Chamberlain Earl of Suffolk Earl of Dorset Earl of Salisbury Earl of Morton Lord Viscount Conway Lord Bishop of Durham Lord B. Bath and Wells Mr. Treasurer Mr. Comptroller Master of the Wards Mr. Secretary Cook Mr. Chancellor of the Exchequer Mr. Chancellor of the Duchy IT is this day Ordered by His Majesty being present in Council That the several persons hereunder written shall from henceforth be discharged and set at liberty from any Restraint heretofore put upon them by His Majesties Commandment And hereof all Sheriffs and other Officers are to take notice Knights Sir Iohn Strangewayes Sir Thomas Grantham Sir William Armin Sir William Massam Sir William Wilmore Sir Erasmus Drailon Sir Edward Aiscough Sir Nathanael Barnardiston Sir Robert Poyntz Sir Beacham St. Iohn Sir Oliver Luke Sir Maurice Berkley Sir Thomas Wentworth Sir Iohn Wray Sir William Constable Sir Iohn Hotham Sir Iohn Pickering Sir Francis Barrington Sir William Chancey Esquires William Anderson Terringham Norwood Iohn Trigonwell Thomas Godfrey Richard Knightley Thomas Nicholas Iohn Hampden George Ratcliffe Iohn Dulton Henry Pool Nathanael Coxwell Robert Hatley Thomas Elmes Gent. Thomas Wood Iohn Wilkinson William Allen Thomas Holyhead All these remained confined to several Counties Knights Sir Walter Earl Sir Thomas Darnell Sir Harbotle Grimston Esquire George Catesby Londoners Edward Hooker George Basset Londoners Iames Wooldrond Londoners Henry Sanders Londoners All Prisoners in the Fleet. Knights Sir Iohn Corbet Sir Iohn Elliot Esquire William Coriton Londoners Iohn Stevens Thomas Deacon Iohn Potter In the Gate-house Knight Sir Iohn Heveningham Londoners Samuel Vassal William Angel In the Marshalsey Londoners William Savage Mathanael Manesty In the New-Prison Londoners Robert Lever Iohn Peacock Edward Ridge Iohn Oclabery Andrew Stone William Spurstow Roger Hughes Iohn Pope Iames Bunch Thomas Garris Iames Waldron Iohn Bennet Ambrose Aylot Thomas Sharp Thomas Totham Augustine Brabrook Robert Payne Edward Talston Iohn Whiting Thomas Webb Iohn Ferry All in the Custody of a Messenger Orders issued also from the Council to the Lord Major and Aldermen of London To use moderation in the demanding of the Loan-money from those of the City of London who deferred paiment And now Archbishop Abbot the Earl of Bristol and the Bishop of Lincoln notwithstanding the cloud they were under are had in consideration by the King and Council and Writs are ordered to be sent unto them to sit in the House of Peers the ensuing Parliament After the Writs of Summons went forth the King gave direction for a Commission to raise monies by Impositions in nature of an Excise to be levied throughout the Nation to pass under the Great Seal And at the same time ordered the Lord Treasurer to pay Thirty thousand pounds to Philip Burlemac a Dutch Merchant in London to be by him returned over into the Low-Countries by Bill of Exchange unto Sir William Balfour and Iohn Dalbier for the raising of a Thousand Horse with Arms both for Horse and Foot The supposed intent of which German Horse was as was then feared to inforce the Excise which was then setting on foot The Council also had then under consideration the Levying of Ship-money upon the Counties to raise the King a Revenue that way But now that a Parliament was called the Council held it unfit and unseasonable to debate these matters any further at that time A little before the Parliament assembled a Society of Recusants was taken in Clerkenwell Divers of them were found to be Jesuites and the House wherein they were taken was designed to be a Colledge of that Order Among their Papers was found a Copy of this Letter written to their Father Rector at Bruxels discovering their Designs upon this State and their Judgment of the temper thereof with a Conjecture of the success of the ensuing Parliament Father Rector LEt not the damp of Astonishment seise upon your ardent and zealous soul in apprehending the sudden and unexpected Calling of a Parliament We have not opposed but rather furthered it So that we hope as much in this Parliament as ever we feared any in Queen Elizabeth's days You must know the Council is engaged to assist the King by way of Prerogative in case the Parliamentary way should fail You shall see this Parliament will resemble the Pelican which takes a pleasure to dig out with her beak her own bowels The Election of Knights and Burgesses hath been in such confusion of apparent Faction as that which we were wont to procure heretofore with much art and industry when the Spanish Match was in Treaty now breaks out naturally as a botch or boil and
Exposition I apprehend must be made of the proposed words being added to our Petition And therefore I conclude that in my opinion we may not consent to this Addition which I submit to better Judgements The Commons afterwards appointed Mr. Glanvile and Sir Henry Martin to manage another Conference to be had with the Lords concerning the said matter and to clear the Sense of the Commons in that point the one argued the Legal the other the Rational part and though the matter delivered by the length of it may seem tedious to the Reader and some matters spoken of before repeated again yet if the Reader observe the Language and Stile as well as the subject Matter perhaps it will be no penance unto him Mr. Glanviles Speech in a full Committee of both Houses of Parliament 23. May 1628. in the Painted Chamber at Westminster MY Lords I have in charge from the Commons House of Parliament whereof I am a Member to express this day before your Lordships some part of their clear sense touching one point that hath occurred in the great Debate which hath so long depended in both Houses I shall not need many words to induce or state the question which I am to handle in this free Conference The subject matter of our meeting is well known to your Lordships I will therefore onely look so far back upon it and so far recollect summarily the proceedings it hath had as may be requisite to present clearly to your Lordships considerations the nature and consequence of that particular wherein I must insist Your Lords may be pleased to remember how that the Commons in this Parliament have framed a Petition to be presented to his Majesty a Petition of Right rightly composed relating nothing but truth desiring nothing but Justice a Petition justly occasioned a Petition necessary and fit for these times a Petition founded upon solid and substantial grounds the Laws and Statutes of this Realm sure Rocks to build upon a Petition bounded within due limits and directed upon right ends to vindicate some lawful and just Liberties of the free Subjects of this Kingdom from the prejudice of violations past and to secure them from future innovations And because my following discourse must reflect chiefly if not wholly upon the matter of this Petition I shall here crave leave shortly to open to your Lordships the distinct parts whereof it doth consist and those are four The first concerns Levies of Moneys by way of Loans or otherwise for his Majesties supply Declaring that no man ought and praying that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament 3. The second is concerning that Liberty of Person which rightfully belongs to the Free Subjects of this Realm expressing it to be against the 〈◊〉 of the Laws and Statutes of the Land that any Freeman should be imprisoned without cause shewed and then reciting how this Liberty amongst others hath lately been infringed it concludeth with a just and necessary desire for the better clearing and allowance of this priviledge for the future 3. The third declareth the unlawfulness of billeting or placing Soldiers or Mariners to sojourn in Free Subjects houses against their wills and prayeth remedy against that grievance 4. The fourth and last aimeth at redress touching Commissions to proceed to the Tryal and Condemnation of Offenders and causing them to be executed and put to death by the Law Marshal in times and places when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by none other ought to be adjudged and executed This Petition the careful House of Commons not willing to omit any thing pertaining to their duties or that might advance their moderate and just ends did heretofore offer up unto your Lordships consideration accompanied with an humble desire That in your Nobleness and Justice you would be pleased to joyn with them in presenting it to his Majesty that so coming from the whole Body of the Realm the Peers and People to him that is the Head of both our Gracious Soveraign who must crown the Work or else all our labour is in vain it might by your Lordships concurrence and assistance finde the more easie passage and obtain the better answer Your Lordships as your maner is in cases of so great importance were pleased to debate and weigh it well and thereupon you propounded to us some few amendments as you termed them by way of alteration alledging that they were onely in matters of form and not of substance and that they were intended to none other end but to sweeten the Petition and make it the more passable with his Majesty In this the House of Commons cannot but observe that fair and good respect which your Lordships have used in your proceedings with them by your concluding or Voting nothing in your House until you had imparted it unto them whereby our meetings about this business have been justly stiled Free Conferences either party repairing hither disingaged to hear and weigh the others Reasons and both Houses coming with a full intention upon due consideration of all that can be said on either side to joyn at last in resolving and acting that which shall be found most just and necessary for the honor and safety of his Majesty and the whole Kingdom And touching those propounded alterations which were not many your Lordships cannot but remember that the House of Commons have yielded to an accommodation or change of their Petition in two particulars whereby they hope your Lordships have observed as well as ye may they have not been affected unto words or phrases nor over-much abounding in their own sense but rather willing to comply with your Lordships in all indifferent things For the rest of your proposed amendments if we do not misconceive your Lordships as we are confident we do not your Lordships of your selves have been pleased to relinquish them with a new overture for one onely Clause to be added in the end or foot of the Petition whereby the work of this day is reduced to one simple head whether that Clause shall be received or not This yielding of the Commons in part unto your Lordships of other points by you somewhat insisted upon giveth us great assurance that our ends are one and putteth us in hope that in conclusion we shall concur and proceed unanimously to seek the same ends by the same means The clause propounded by your Lordships to be added to the Petition is this WE humbly present this Petition to your Majesty not onely with a care for preservation of our Liberties but with a due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of your People A clause specious in shew and smooth in words but in effect and consequence most
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
for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation oâ— the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
the Land had little effect in their execution to the increase of Murders Robberies Perjuries and Insecurities of all men living to the loss of their Lands and Goods to the great displeasure of Almighty GOD It was ordained for Reformation of the Premises by Authority of the said Parliament That the Chancellour and Treasurer of England for the time being and the Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop one Lord temporal of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common pleas for the time being or two other Justices in their absence by Bill or Information exhibited to the Chancellour for the King or any other against any person for any other ill behaviours aforesaid have Authority of calling before them by Writ or Privie-Seal such Malefactors and of examining them and others by their discretion and of punishing such as they finde defective therein according to their demerits according to the form and effect of the Statutes thereof made in the same manner and form as they might and ought to be punished if they were thereof convinced according to the due course of Law And by a certain other Act in the Parliament of the Lord Henry late King of England the eighth held in the one and twentieth year of his reign reciting the offences in the aforesaid Statute of the said late King Henry the seventh beforementioned by Authority of the said Parliament it was and is ordained and enacted That henceforward the Chancellour Treasurer of England and the President of the most honourable Privy-Council of the King attending his most honourable person for the time being and the Lord Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop and one temporal Lord of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common Pleas for the time being or two Justices in their absence by any Bill or Information then after to be exhibited to the Chancellour of England the Treasurer the President of the said most honourable Council of the Lord the King or the Keeper of the Privy-Seal of the Lord the King for the time being for any misdemeanour in the aforesaid Statute of King Henry the seventh aforesaid before recited from henceforth have full power and authority of calling before them by Writ or by Privy-Seal such Malefactors of examining of them and others by their discretion and of punishing those that are found defective according to their demerits According to the form and effect of the said Statute of the aforesaid Lord King Henry the seventh and of all other Statutes thereupon made not revoked and expired in the same manner and form as they might and ought be punished if they were convicted according to the due order of the Laws of the said Lord the king And by the aforesaid Writ under the foot of the great Seal it manifesty appears that the said Fine was imposed by the Lord the king and his Council and not by the Legal Peers of the said Richard Chambers nor by the Law of the Land nor according to the manner of the pretended offence of the said Richard Chambers nor saving unto him his Merchandize nor for any offence mentioned in the said Statutes all and singular the which the said Richard Chambers is ready to verifie to the Court c. and demands judgment and that he be discharge of the said 2000 l. against the said Lord the now King and that as to the premises he may be dismissed from this Court Waterhouse With this Plea he annexed a Petition to the Lord Chief Baron and also to every one of the Barons humbly desiting the filing of the Plea with other Reasons in the manner of a motion at the Bar because he said Counsel would not move plead nor set hand to it as further appeareth The Copy of the Order upon Mr. Atturneys motion in the Exchequer the 17 Iuly 1629. after the Plea put in and order to file it Per the Lord Chief Baron TOuching the Plea put into this Court by Richard Chambers to discharge himself of a â—ine of 2000 l. set on him in the Star-Chamber Forasmuch as Sir Robert Heath Kniâ—â—â— his Majesties Atturney General informed this Court that the said Chambers in his said Plea recites divers Statutes and Magna Charta and what offences are punishable in the Star-Chamber and how the proceedings ought to be and upon the whole matter concludes That the said fine was imposed by the King and his Council and not by a Legal judgment of his Peers nor by the Laws of the Land nor according to the manner of his offence nor saving his Merchandize nor for any offence mentioned in the said Statutes Which Plea Mr. Atturny conceiving to be very frivolous and insufficient and derogatory to the honour and jurisdiction of the Court of Star-Chamber Humbly prayeth might not be allowed of nor filed It is therefore this day ordered That the said Plea shall be read on Saturday next and then upon hearing the Kings Counsel and the Counsel of the said Richard Chambers this Court will-declare their further order therein and in the mean time the said Plea is not to be filed nor delivered out In Michaelmas Term following Mr. Chambers was brought by a Habeas Corpus out of the Fleet and the Warden did return THat he was committed to the Fleet by vertue of a Decree in the Star-Chamber by reason of certain words he used at the Council Table viz. That the Merchants of England were skrewed up here in England more then in Turky And for these and other words of defamation of the Government he was censured to be committed to the Fleet and to be there imprisoned until he made his submission at the Council Table and to pay a fine of 2000. l. And now at the Bar he prayed to be delivered because this Sentence is not warranted by any Law or Statute For the Statute of 3 Henrici 7. which is the foundation of the Court of Star-Chamber doth not give them any authority to punish for words only But all the Court informed him That the Court of Star-Chamber was not erected by the Statute of 3 H. 7. but was a Court many years before and one of the most high and honourable Courts of Justice and to deliver one who was committed by the Decree of one of the Courts of Justice was not the usage of this Court and therefore he was remanded As a concurrant proof of these Proceedings concerning Mr. Chambers we shall insert here a Petition of his though out of time to the Long Parliament and afterwards renewed to the succeeding Parliament viz. To the Parliament of the Commonwealth of England Scotland and Ireland The brief Remonstrance and humble Petition of Richard Chambers Merchant late Alderman and Sheriff of the City of
favor of Roman Catholicks A difficulty concerning the Popes title on the Kings part Another on the Ambassadors part concerning prayers in the Kings Chappel A titular Bishop of Calcedon sent into England Preparations for conducting the Infanta into England No mention made in the Capitulations of restoring the Palatine Mr. Allured his Letter to the Duke The French jealous of this conjunction Pope Vrban to K. Iames. Pope Vrbans Letter to Prince Charls The Treaty begins to tend to a rupture The Prohibition to the Judges and Bishops in behalf of the Catholicks suspended Some of the English in Spain dislike the Match and Religion The Duke disgusted in Spain Buckingham and Bristol run different ways The Palatine by his Secretary labors to engage the Prince against the Marriage The Spaniard continues new delays The English Papists perplexed The Prince ready to depart from the Court of Spain leaves a Proxy with the Earl of Bristâ—l The Duke and Olivares part not Friends The Prince universally â—steemed His departure solemn The Prince feasted the Dons aboard his Ship and bringing them back again to the shore a storm surprises them Expressions of joy for the Princes safe return into England Private Instructions delivered to Bristol contrary to the Proxy Bristol in a Letter gives the Prince a good account of the business King Iames falls off and for a Condition of the Mariage demands the Restitution of the Palatinate Bristol and Asâ—â—n demur upon the new Instructions Sir Walter Aston endeavors to reconcile the Dâ—ke to Spain Advice to the King touching the Duke The Earl of Bristol is commanded by the King to follow the new Instructions King Iames puts the Palatine in hope by Proposal of new terms The Palatines Answer to those Terms proposed by the King The Netherlands appear ready to embrace the antient Union with England The Ratifiâ—â—â—ication come from the new Popâ— and when all is ready for the E 〈◊〉 ls thâ—n is the Maâ—ch dasht by order from England Bristol sends his Apology to K. Iames for having demurred upon the new Instructions Olivares offers Bristol large Preferments in the Kings name when he was to take his leave Bristols Answer to those Profers The Spaniards prepare for a War with England The L. Kensington sent Ambassador into France to feel the pulse of that Court touching a Match renders an account of his acceptance The King advised to call a Parliament The Kings Speech to the Parliament The King approves Sir Tho. Crew for Speaker who made this Speech The Dukes Narrative Both Houses of Parliament justifie the Duke in his Narrative His Majesties Answer to that Justification Both Houses of Parliament concur that the King may not honorably proceed in tâ—e Treaty of the Prince's Marriage and the Palatinate The Kings Speech 〈◊〉 Parliament perswaâ—â—â—â— him to break off the two Treaties of the Match and of the Palatinate Sir Edw. Sackvile's Speech Sir Edw. Sackvile's Speech The Parliaments Answer to the Kings Speech The Parliament offers his Majesty Three Subsidies and Three Fifteens if he break off both Treaties His Majesties Reply The King declares his Resolution to dissolve the Treaties The King accepts the aid proffered him King Iames his Letter to Secretary Conway touching a Petition against the Papists The Petition His Majesties Answer to the Petition The Spanish Ambassadors accuse Buckingham to the King of matters of high concernment The issue of those Accusations The Earl of Bristol protests against the Dukes Narration is imprisoned in the Tower The Speakers and the Kings Speech at the Adjournment of the Parliament Kings Iames demands the Town of Frankendal deposited in the Archducâ—hess hands Spinola marches out of the Town and immediately Re-enters King Iames very desirous of a Match with France The Match with France concluded Count Mansfield arrrives in England 12000 Foot and 200 horse raised to go under his command Scarce the third part of Count Mansfields Army came safe to Land Richard Smith made Bishop of Calcedon and sent into England with Episcopal Jurisdiction * The Duke of Buckingham Instructions to Mr Drummond The Privy-Counsellors present themselves to King Charles King Charles proclaimed at Theobalds At Whitehall In London The old Privy-Council new sworn The Councils advice to the King Proclamation concerning Persons in Office c. Proclamation of Government Resolution taken by the King concerning King Iames Funeral and his own Marriage A Parlamenâ— summoned King Iames Funeral Duke of Buckingham continues Favorite to King Charles Religion considered A general Muster Souldiers levied for the Palatinate Proclamation against disorders committed by Souldiers Articles of the marriage with France signed by the King Private Articles in favor of the Catholicks The Marriage solemnized in France The Duke sent into France for the Queen A Royal Navy sent to Bolâ—ign to transport the Queen The Marriage consummated at Canterbury The Trained Bands of Kent commanded to attend the Queen The King and Queen come to London A Chappel built at Somerset-house for the Queen A great Plague in London The Parliament opened The Kings Speech in Parliament The Lord Keepers Speech in Parliament Sir Tho. Crew Speaker Debates in the House of Commons A Fast. Committees chosen Message to the King touching Religion and his Answer Mr. Montague brought to the Bar. The Arminian party assert his cause The King takes Montagues businâ—â—â— into his own hand Two Subsidies presented to the King The King accepts them and desires more A short Answer to the Petition touching Religion The Parliament adjourned to Oxford The Exchequer removed to Richmond The Vantguard and seven other Ships employed against Rochel The Parliament meets again at Oxford Grievances Mr. Montague Summoned to appear His Cause recommended by the Bishops to the Duke The Appeal to Caesar disputed The Kings Speech in Christ-Church Lord Conway and Secretary Cook by the Kings Command declare the present slate of Affairs Lord Treasurer proceeds in that subject Debates in the House of Commons touching the present state of Affairs Complaints against Papists favored notwithstanding the Kings Answer to the Petition against them The Petition concerning Religion together with his 〈…〉 The Duke renders an account to both Houses of the Fleet. He speaks by way of Objection and Answer * The Earl of Bristol The Dukes Relation accasioned variety of Opinions in Parliament The Kings Message to the Commons Debates upon the Kings Message The Commons Declaration The Parliament dissolved The King follows his Design of War The Kings Proclamation to recal home children of Recusants The Kings Letter to the Lieutenants for the Loan of Money upon Privy-Seals Privy-Seals issued forth to certain Persons Warrants for disarming Recusants Letters directed to Lords Recusants Concourse of Papists prevented Viscount Wimbleton Commander in Chief in the Voyage to Cadez Lord Cromwels Letter to the Duke touching the Fleet. The Earl of Warwick secures Langer-Point in Essex English and Dutch Fleet before Dunkirk dispersed by a storm The General examined before the Council The
in writing against the Sermon Bishop Laud is employed to Answer these Objections King Iames was a long time offended with Bishop Laud. He was advance by Bishop Williams Bishops of Durham and Bathe sworn of the Privy Council Mr. Murrey brings the Answer to the Archbishops Objections The Archbishop is not suffâ—red to see the Writing but Mr. Murrey reads it Sibthorps Sermons Licenced by the Bishop of London Mr. Selden The Duke presseth his Majesty to have the Archbishop sent away before he set to Sea The Archbishop commanded to withdraw The Lord Conway tells the Archbishop the reason why he is commanded to retire The Archbishop writes to the Lord Conway to know if his Majesty will give him his choice of two houses to retire to The Lord Conway 's Answer The reason why the Duke was thought to be offended with the Archbishop The Archbishop accustomed to Hospitality King Iames injoyned the Archbishop to live like an Archbishop The Duke was not pleased that Sir Dudley Diggs frequented the Archbishops house The Archbishop was Tutor to Sir Dudley Digs at Oxford The Duke was offended that Sir Thomas Wentworth frequented the Archbishops House The Archbishop commanded to meddle no more in the High Commission Commendations of the High Commission Court The High Commissioners chargeable to the Archbishop The Archbishops infirmity permitted him not to come to the Star-chamber or Council-Table The Archbishops observation concerning the rise of the Duke Various Reports concerning the Army at Rhee A further Supply preparing for Rhee and to be conveyed thither by the Earl of Holland The Citadel at Rhee relieved Sir Iohn Burroughs slain Toras sends intelligence to the King of France The Rochellers at last declare for England A Treaty for Surrender between the Duke and Toras The Citadel reliev'd again A Retreat resolved on Sobiez against it The Citadel stormed The Army retreats The Enemy engageth the Rear of the Army Several opinions concerning this Expedition to Rhe. The misfortune of Rhee-Expedition causeth a clamor in the Nation A List of Arrearages for freight of ships and Sea-mens wages Anne-Royal Repulse Assurance Nonsuch Waltspite Adventure Triumph Victory S. George S. Andrew Rainbow Vantguard Red-Lion S. Esperite Gard-Land Convecline Antelop Entrance Sir Robert Cotton's Advice touching the present state of affairs A resolution to call a Parliament Order of the Council to set at liberty the Gentry imprisoned for the Loan-money A Parliament summoned A Commission for Impoâ—itions Thirty thousand pounds paid to Burlemach to be returned by Bill of Exchange to raise Forein Forces Recusants taken at Clerkenwell A Letter from a Jesuite concerning the ensuing Parliament The King's Speech at the opening of the Parliament The Lord Keepers Speech Sir Iohn Finch being chosen Speaker made this Speech to his Majesty The Speech without doors Grand Committees setled Petition for a fast Debates touching Grievances Sir Francis Seimour Sir Thomas Wentworth Sir Benjamin Rudyard acts the part of a Moderator Sir Edward Cook Mr Secretary Cook Sir Robert Philips * Sibthorp and Manwaring * Sommersetshire * Scots Secretary Cook moves for Supply for his Majesty In Clerkenwel Thursday March 15. Mr Secretary Cook tenders Propositions touching Supply The House turned into a Committee Habeas Corpus and the Liberty of the Subject debated Mr Creswel Sir Robert Philips Sir Edward Cook Judge Whitlock in justification of the Proceedings in the Upper-Bench upon the Habeas Corpus Judge Doderidge the like Mr Hackwel resumes the Debate of the Habeas Corpus Mr Selden Judge Andersons Reports Sir Edward Cook Resolves touching the Subjects liberty in his Person The Kings Propositions to the House of Commons touching Supply A Conference between the Lords and Commons managed by Secretary Cook against Recusants The Lord Keepers Speech at the presenting a Petition from both Houses against Recusants The Kings Answer to the Petition 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article Debates touching his Majesties propositions Sir Francis Seimor Sir Nath. Rich. Secr. Cook Sir John Elliot Sir Ed. Cook Sir Thomas Wentworth Sir Henry Martin The House waves c. Mr. Selden Sir T. Hobby Sir Peter Hayman about forein imployment Mr. Hackwel Sir E. Cook Sir Thomas Wentworth Sir John Elliot The King sends a Message to the House of Sâ— Cook touching some words said to be spoken by the Duke Debates on the Message Friday 4 April Secretary brings another Message from the King Mr. Pym. 5. Subsidies resolved on Mr. Secretary Cook report the Kings acceptance of five Subsidies The Duke of Buckinghams Speech at the Councel Table thereupon It is ill taken by Sir John Elliot that the Dukes name was intermingled with the Kings by Secretary Cook Sir Dudly Diggs begins the Conference by way of Introduction Mr. Littleton Mr. Selden Sir Edward Cook 1. Obj. Answ. 2. Obj. Answ. His Majesties Message for non-recess The Message not approved Sir Ro. Phillips Sir E. Cook Sec. Cook to expedite Subsidies Sir Dudly Diggs Sir Thomas Wentworth Mr. Secret Cook delivereth another Message concerning Supply Sir Rob. Phillips Secr. Cook Mr. Wandesford Sir Humphry May. Mr. Speakers Speech to the King at the delivery of the Petition for billeting of Soldiers The Petition concerning billeting of Soldiers Martial Law debated Serj. Ashley questioned for some words Archbishops Speech at a Conference concerning the Petition of Right Propositions tendred to the Commons by the Lords touching the Petition of Right Sir Dudley Diggs replies to this Speech The Lord Keepers Speech to both Houses concerning supply by the Kings command Sir Ben. Rudyards Speech concerning that motion A Committee ordered to draw up a Bill in order to the Petition of Right Mr. Secretary Cook brings a Message to relye on the Kings Word Sir Thomas Wentworth The King gives notice to both Houses that he intends shortly to end this Session Sir John Elliot The Speakers Speech to the King in answer to several Messages His Majesties answer to the Speakers Speech Mr. Secretary Cook brings another Message to relie on the Kings Words Sir John Elliot Sir E. Cook Lord Keepers Speech communicating a Letter from the King His Majesties Letter The Lords Proposition at a Conference about an addition to the Petition of Right The Lords addition to the Petition of Right Mr. Alford Mr. Pimme Mr. Hackwell Sir Ed. Cook Sir Thomas Wentworth Mr. Noy Mr. Selden Mr. Glanviles Speech at a Committee of both Houses concerning Soveraign Power Sir Henry Martins Speech as to the rational part of the matter of the Conference The Lords and Commons agreed touching the Petition of Right Mr. Rouse against Dr. Ed. Manwaring 9. Hen. 3.29 28. Ed. 3.3 37. Ed. 3.18 38. Ed. 3.9 42. Ed. 3.3 17. Ric. 2.6 25. Ed. 3.9 9. Hen. 3.29 25. Ed. 3.4 28. Ed. 3.3 The Petition The Answer debated Sir Jo. Elliots Speech in the laying open of grievances Some against the recapitulating of Grievances Exceptions to Sir John Elliots Speech More exceptions Sir