in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
their Lordships as followeth YOur Lordships may have observed how in handling the former Articles I have in my Discourse used the method of time which I hold to be best for the discovery of the truth I shall therefore by your Lordships patience whereof now I have had some good experience use the like order in my enlargment upon these later Articles touching which that which I have to say is thus In or about the Two and twentieth year of the reign of our late dear Soveraign Lord King Iames of famous memory there being then a Treaty between our said late Soveraign and the French King for a Marriage to be had between our then most Noble Prince now our most gratious King and the French Kings Sister our now Queen and for entring into an Active War against the King of Spain and his Allies in Italy and the Valtoline Our said late Soveraign passed some promise to the French Kings Ambassador here the Marquess D' Effiat for procuring or lending some Ships to be employed by the French in that Service upon reasonable conditions but without thought or intent that they should be employed against the Rochellers or any others of our Religion in France For it was pretended by the French Kings Ministers to our King That the said Ships should be employed particularly against Genoa and not otherwise But afterwards some matter of Suspition breaking forth from those of our Religion in France that the Design for Italy was but a pretence to make the Body of an Army fall upon the Rochellers or other of our Religion in that Kingdom the King grew so cautious in his Conditions that as he would perform his promise to lend his Ships so to preserve those of our Religion he contracted or gave directions that the greater part of the Men in the same Ships should be English whereby the power of them should be ever in his hands And the Duke of Buckingham then and yet Lord Great Admiral of England well knowing all this to be true pretended he was and would be very careful and proceed with art to keep the said Ships in the hands of our King and upon our own Coasts and yet nevertheless under hand he unduly intended practised and endeavored the contrary For afterwards by his direction or procurement in or about the Two and twentieth year aforesaid a Ship of his Majesties called the Vantguard being of his Majesties Royal Navy was allotted and appointed to be made ready for the service of the French King and seven other Merchants Ships of great burthen and strength belonging to several persons Natural Subjects of our said late Soveraign Lord were by the Dukes direction impressed as for the service of his said late Majesty and willed to make themselves ready accordingly The Names and Tunage of the said Seven Merchants Ships were as followeth 1. The Great Neptune whereof Sir Ferdinando Gorge was Captain 2. The Industry of the burthen of Four hundred and fifty Tuns whereof Iames Moyer was Captain 3. The Pearl of Five and forty Tuns Anthony Tench was Captain 4. The Marigold of Three hundred Tuns Thomas Davies Captain 5. The Loyalty of Three hundred Tuns Iasper Dare Captain 6. The Peter and Iohn of Three hundred and fifty Tuns Iohn Davies Captain 7. The Gift of God of Three hundred Tuns Henry Lewen Captain Also about the same time a Contract was made by and between Sir Iohn Cooke and other the Commissioners of his Majesties Navy as on behalf of his Majesty for his said Ship the Vantguard and on behalf of the Captains Masters and Owners of the said Seven Merchants Ships but without their privity or direction for the service of the French King upon conditions to be safe and reasonable for our King this Realm and State as also for the said Captains Masters and Owners of the said seven Merchants Ships and for the Companies For Sir Iohn Cooke drew the Instructions for the Direction of the said Contract which Instructions passed and were allowed by the King and such of the Council as were made acquainted therewith and used in this business In which Instructions as Sir Iohn Cooke hath since alleaged in the House of Commons there was care taken for provision to be made that the said Ship of his Majesty called Vantguard should not serve against the City or Inhabitants of Rochel or those of the Religion in France nor take into her more men of the French then she could from time to time be well able to command and master But whether the Instructions for the Merchants Ships and the Kings said Ship were all one is not yet cleared unto the Commons howbeit it appeareth not but that the intent of our King and State was to be a like careful for both Nevertheless a Form of Articles dated the Five and twentieth day of March in the Three and twentieth year of his said late Majesties raign was prepared ingrossed and made ready to be sealed without the knowledge of the Captains Masters and Owners of the said Merchants Ships between the said Marquess D' Effiat the Ambassador on the one part and the several Owners of the said Merchants Ships respectively on the other part viz. A several Writing or Instrument for every of the said Ships respectively whereby amongst other things as by the same appeareth it was covenanted and agreed by and on the part and behalf of the owners to and with the said Marquess D' Effiat to this effect namely 1. That their said Ships respectively with a certain number of men for every of them limitted with Ordnance Munition and other necessaries should be ready for the French Kings service the Thirteenth of April then next following 2. That they should go on in that Service under a French General to be as Captain in every of the said Merchants Ships respectively of the appointment of the French King or his Ambassador 3. That they should serve the French King against any whomsoever but the King of Great Britain 4. That they should take in as many Soldiers into their said several Ships as they could stow or carry besides their Victual and Apparel 5. That they should continue six moneths or longer in the Service so that the whole time did not exceed eighteen moneths 6. That they should permit the French to have the absolute Command of their Ships for Fights and Voyages And it was amongst the said Articles besides other things Covenanted and agreed by the said Marquess D' Effiat as for and on the behalf of the French King to this effectly namely I. That there should be paid to every owner a moneths freight in hand after the rate agreed on and freight for two moneths more after the same rate within Fifteen days after the date of the Articles the computation of the moneths to begin from the 28 of March II. And that the Ships should be ready in a certain form prescribed at the end of the Service When all things were in a
see his Children dispossessed of their Hereditary Rights and hopes his Son in Law will make Overtures of Peace which if slighted by the Emperor he will not lose the season to prepare for the defence of the Palatinate But if his Son will not hearken to his advice he shall be inforced to leave him to his proper Counsels Notwithstanding this open wary and tender proceeding with all care and patience to observe the Spanish humors our State Ministers that were most addicted to Spain discerned their trifling with us which they did not spare to censure and resolved to use a freer Language yet still discovered a willingness to wait their further leisure for the English Patience seemed invincible In the mean time the Privy Council having an eye to the support of the Palatinate began the raising of Moneys by way of free gift and directed Letters of the tenor following to divers Earls Viscounts Bishops and Barons the same Letter being sent to each respectively YOu may formerly have heard how the Palatinate being the ancient Heritage of the Count Palatine his Majesties Son in Law and to discend to his Majesties Grand-children is now invaded by a Foreign Enemy many principal Towns are surprised a great part of the Countrey in the possession of strangers and the inhabitants forced to take an Oath against their Natural Prince Whereupon his Majesty out of considerations of Nature Honor and State hath declared himself in the course of an Auxiliary War for the defence and recovery of the same the occasion being so weighty and pressing hath moved his Majesty by the general advice of us his Council to think of some course for provision of that nature as may serve as well to the maintenance and preserving of the present succors already sent as for the reinforcing them out of those Countries as the occasion of the War shall require And for that the swiftness of the occasion would not permit a supply by other means for the present so readily as was needful we have all concurred to begin with our selves in offer of a voluntary gift unto his Majesty for the advancement of the present occasion nothing doubting but that your Lordship being a Peer of the Kingdom will chearfully and readily follow the example of us begun And if there were much alacrity and readiness found in the Nobility and others to contribute at the motion of his Majesties Sons Ambassador at what time the Palatinate was not invaded neither had his Majesty declared himself you will much more and in a better proportion do it now these two weighty Motives do concur and so nothing doubting of your Lordships readiness herein we bid c. To the Marquess of Winchester To the Earl of Cumberland To the Earl of Darby To the Earl of Northumberland c. Also a Letter of the same form was written to the Lord Major of London But the short Reign of King Frederick was near its period The Imperial Forces under Bavaria Buquoy and D. Balthazar advance towards Prague and the Bohemians quit their Garrisons to make their Army the more compleat Yet neither Count Mansfield nor the English Forces were there On the Eighth day of November being the Lords day both Armies met for the fatal decision of the great Controversie The Bohemians stood upon the advantage-ground betwixt the Imperialists and Prague But the Enemy breaking through scattered and ruined their whole Army and pursued the Victory The King and Queen surprised with this Discomfiture among a wavering people in a City not very defensible were constrained to â—lie the next morning Diminution of Honor was added to the Calamity of this Prince because he suffered his Soldiers to mutiny for Pay when he had a mass of Money by him which was left behind to augment the Enemies Conquest Neither was Anhalt the General a fit person for the high trust reposed in him who not long after the Defeat sought and obtained the Emperors favor and was made one of his Generals to debel the Protestant cause and party But Count Mansfield whom Anhalt slighted and closed not with him to bring him up to this Fight made good his fidelity and with his Flying Army became a continual vexation to the Emperor harasing his Countries and forcing Contribution King Iames upon the news of the Palsgrave's overthrow and upon a Narration of the state of Affairs in those parts made unto His Majesty by the Earls of Oxford and Essex newly returned from the Palatinate was pleased to call a full Council together to consider of this great and weighty affair The Order ensuing relates the particulars At the Court at Whitehall Jan. 13. 1620. Present Lord Archbishop of Canterbury Lord Chancellor Lord Treasurer Lord Privy Seal Lord Steward Lord M. Hamilton Lord Chamberlain Earl of Arundel Earl of Kelly Lord V. Doncaster Lord V. Falkland Lord Carew Lord Digby Mr. Treasurer Mr. Secr. Naunton Mr. Secr. Calvert Mr. Chanc. of the Exchequer Master of the Rolls Master of the Wards HIs Majesty being resolved to make some Royal preparations for the Recovery and Protection of the Palatinate being the antient Inheritance of his Majesties Son in law and Grandchildren did in his high wisdom think méet to appoint some persons of knowledge and experience in the Wars to consider of and give their Advice in such Propositions as shall be made unto them by the Board for the better expediting of that service To which purpose the Earl of Oxford and the Earl of Essex the Earl of Leicester the Lord Uiscount Wilmot the Lord Danvers the Lord Calfield Sir Edward Cecyl Sir Richard Harrison Knights and Captain Danbingham were called to the Table and made acquainted with His Majesties pleasure That they or any Five or more of them together with Sir Horace Vere and Sir Edw. Conway Knights if they return into England while this Committee doth continue shall undertake this service and have their méetings and assemblies in the whole Council-chamber here in Whitehall touching the affairs above-mentioned And that for their better assistance they call unto them such others of experience whose advice and opinion they shall think fit to make use of in their several Consultations upon such things as shall be so referred unto them from the Board Which they are to prosecute without intermission or delay And they shall make Report of their Opinions which is to be done in writing under Five of their hands at least The Particulars offered to their Consideration are these First What proportion or number of men as well Horse as Foot with Munition Victuals Shipping and Treasure will be sufficient for that Enterprise And secondly By what time it will be meet that their Forces be in readiness And where the Arms Munition and Victuals may best be provided with such other Circumstances as are incident to any of these Heads For the better direction herein Mr. Secretaries will acquaint them with such Intelligences as they have received touching the
was done to this effect THat our Soveraign Lord King Iames of Famous Memory at the Suit of both Houses of Parliament and by the powerful operation of his Majesty that now is gave consent to break off the Two Treaties with Spain touching the Match and the Palatinate and to vindicate the many wrongs and scorns done unto his Majesty and his Royal Children Besides if the King of Spain were suffered to proceed in his Conquests under pretence of the Catholick Cause he would become the Catholick Monarch which he so much affects and aspires unto Also amidst these Necessities our late King considered That he might run a hazard with his people who being so long inured to Peace were unapt to War that the uniting with other Provinces in this undertaking was a Matter of exceeding Difficulty This drew him to new Treaties for regaining his Children right which were expulsed by the Friends and Agents of Spain and wherein his Majesty proceeded as far as the wisest Prince could go and suffered himself to be won unto that which otherwise was impossible for his Royal Nature to endure He considered also the many Difficulties abroad the Duke of Bavaria by Force and Contract had the Palatinate in his own possession most of the Electors and Princes of Germany were joyned with him The Estates of the other Princes most likely to joyn in a War of Recovery were seized and secured and all by a Conquering Army Besides the Emperor had called a Diet in which he would take away all possibility of recovering the Honor and Inheritance of the Palatinate thus it stood in Germany And in France the King there chose to sheath his Sword in the Bowels of his own Subjects rather then to declare against the Catholick Cause In the Low-Countreys the Sect of the Arminians prevailed much who inclined to the Papists rather then to their own safety notwithstanding that the Enemy had a great and powerful Army near them so that his Majesty was inforced to Protect and Countenance them with an Army of Six thousand from hence with a Caution of the like Supply from thence if required Moreover he sought Alliance with France by a Match for his Royal Majesty that now is thereby to have Interest in that King and to make him a Party The last consideration was his Majesties own Honor who had labored with the two Kings of Denmark and Sweden and the German Princes from whom he received but cold Answers they refusing to joyn unless they first saw his Majesty in the Field But of this he was very tender unless the League were broken or he first warred upon The Forces of an Army were considered and the way of proceeding whether by Invasion or Diversion The Charges thereof appeared in Parliament to be Seven hundred thousand pounds a year besides Ireland was to be fortified the Forts here repaired and a Navy prepared he thought it feasible to enter into a League with the French King and the Duke of Savoy and Venice Hereupon an Army was committed to Count Mansfield the charge whereof came to Seventy thousand pounds a Moneth for his Majesties part also he commanded the preparing of this great Fleet All which so heartned the Princes of Germany that they sent Ambassadors to the Kings of Denmark and Sweden and those two Kings offered a greater Army both of Horse and Foot to which his Majesty was to pay a proportion Count Mansfields Army though disastrous produced these happy effects First It prevented the Diet intended by the Emperor Secondly The German Princes gained new courage to defend themselves and oppose their Enemies Thirdly The King of Denmark hath raised an Army with which he is marched in person as far as Minden Moreover the Confederates of France and Italy have prosecuted a War in Milan and Peace is now made by the French King with his own Subjects so that by this means breath is given to our Affairs This Parliament is not called in meer Formality upon his Majesties first coming to the Crown but upon these Real Occasions to consult with the Lords and Commons Two Subsidies are already given and gratiously accepted but the Moneys thereof and much more are already disbursed A Fleet is now at Sea and hastning to their Rendezvous the Army is ready at Plimouth expecting their Commanders His Majesties Honor Religion and the Kingdomes safety is here engaged besides he is certainly advised of Designs to infest his Dominions in Ireland and upon our own Coasts and of the Enemies increase of Shipping in all parts These things have called the Parliament hither and the present Charge of all amounts to above Four hundred thousand pounds the further prosecution whereof the King being unable to bear hath left it to their Consultations His Majesty is verily perswaded That there is no King that loves his Subjects Religion and the Laws of the Land better then himself and likewise that there is no people that better loves their King which he will cherish to the uttermost It was thought that this place had been safe for this Assembly yet since the Sickness hath brought some fear thereof his Majesty willeth the Lords and Commons to put into the Ballance with the fear of the Sickness his and their great and weighty occasions Then the Lord Treasurer added That the late King when he died was indebted to the City of London 120000 l. besides Interest and indebted for Denmark and the Palatinate 150000 l. and indebted for his Wardrobe 40000 l. That these debts lie upon his Majesty that now is who is indebted upon London 70000 l. That he hath laid out for his Navy 20000 l. and 20000 l. for Count Mansfield And for Mourning and Funeral expences for his Father 42000 l. For expences concerning the Queen 40000. The Navy will require to set it forth in that Equipage as is requisit for the great Design his Majesty hath in hand and to pay them for the time intended for this Expedition 300000 l. After this Conference the Commons fell into high Debates alleaging That the Treasury was mis-employed that evil Councels guided the Kings Designs that our Necessities arose through Improvidence that they had need to Petition the King for a strait hand and better Counsel to Manage his Affairs And though a former Parliament did engage the King in a War yet if things were managed by contrary Designs and the Treasure misemployed This Parliament is not bound by another Parliament to be carried blindfold in Designs not guided by sound Counsel and that it is was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances redressed There were many Reflections upon the Dukes miscarriages likewise they reassumed the Debate concerning Montague and they resolved That Religion should have the first place in their Debates and next unto it the Kingdoms Safety and then Supplies Other particulars were likewise insisted on That the King be desired to Answer in full Parliament to the Petition
our Countrey That it hath béen the antient constant and undoubted Right and Usage of Parliaments to question and complain of all persons of what degree soever found grievous to the Commonwealth in abusing the power and trust committed to them by their Soveraign A course approved not onely by the examples in your Fathers days of famous memory but by frequent presidents in the best and most glorious Reigns of your Noble Progenitors appearing both in Records and Histories without which liberty in Parliament no private man no servant to a King perhaps no Counsellor without exposing himself to the hazard of great enmity and prejudice can be a means to call great Officers into question for their misdemeanors but the Commonwealth might languish under their pressures without Redress And whatsoever we shall do accordingly in this Parliament we doubt not but it shall redound to the Honor of the Crown and welfare of your Subjects Lastly We most humbly beseech Your Majesty gratiously to conceive that though it hath been the long Custom of Parliaments to handle the matter of Supply with the last of their businesses yet at this time out of extraordinary respect to your Person and care of your Affairs We have taken the same into more speedy consideration and most happily on the very day of your Majesties Inauguration with great alacrity and unanimous consent After a short Debate we grew to the Resolution for a present Supply well-known to your Maiesty To. which if Addition may be made of other great things for your Service yet in Consultation amongst us we doubt not but it will appear That we have not receded from the Truth of our first Intention so to supply you as may make you safe at home and feared abroad especially if your Maiesty shall be pleased to look upon the way intended in our promise as well as to the measure of the gift agreed With like humility we beseech your Majesty not to give ear to the officious reports of private persons for their own ends which hath occasioned so much loss of time nor to judge our proceedings whilst they are in agitation but to be pleased to expect the issue and conclusion of our labors which we are confident will manifest and justifie to your Majesty the sincerity and Loyalty of our hearts who shall ever place in a high degree of happiness the performing of that duty and service in Parliament which may most tend to your Majesties Honor and the good of your Kingdom Unto this Remonstrance the King said He could give no present answer but desired the House to adjourn for a week as the Lords had done and they adjourned accordingly In the interim it was intimated in Writing to the Duke that he should procure his Majesty to signifie to a certain number of Lords that he hath endeavored to divert the Charge against the Duke because his Majesty hath had sound knowledge and experience of his service and fidelity That his Majesty may let them know that he is now pleased to reveal some secrets and mysteries of State That the King his Father finding the Palatinate more then in danger to be lost and his Majesty being in Spain and there deluded and his abode and return both unsafe it was a necessity of State to sweeten and content the Spaniard with the hope of any thing which might satisfie and redeem those Engagements And that therefore the King willed the Duke to yield discreetly to what he should find they most desired and this was chiefly the point of Religion So as in this and all of the like kind the Duke upon his Majesties knowledge was commanded and but the Instrument trusted by the King in this Exigent or if you will say Extremity Upon the same ground though not in so high a degree the sending of the Ships to Rochel may be excused Touching the vast Creation of Nobility his Majesty may declare that his Father who was born a King and had long experience of that Regiment found that this State inclined much to popularity and therefore thought fit to enlarge the number of his Nobles that these being dispersed into several Counties might shine as Lamps of Soveraignty in protecting their own degrees and at their own chaâ—â—e inure the people with respect and obedience to greatness And the King may protest that this was a child of his Fathers best Judgment and the Duke the Instrument thereof And if you say there was money many times given for these Honors nay if you say that money hath been given for places of Clergy and Judicature take this of me it is so in all other Countreys as in France and Spain c. though I am not satisfied in this opinion And if it be said the King should have had the money which the Duke took to his own use I beleeve this last may the King say is more then any man can prove Neither will I deliver what I know therein onely this I will say I know the Dukes particular service and affection towards me and that he and his will lay down themselves and all they have at my feet Is it for a King to use his Servant and Instrument as he doth his Horses and being by hard riding in his service foundred and lame to turn them out to Grass or to the Cart I must therefore may the King say in right of the King my Fathers Honor protect a man though justly seeming guilty yet in my own knowledge innocent Will you therefore deny the King to favor whom he pleaseth which the King never denied to you that are his Subjects Well commend me to my Lords and tell them that if any thing hath been formerly done amiss by others I have power and will to redress it and to prevent the like At this time the King commanded all the Bishops to attend him and when they were come before him being fourteen in number he reprehended them that in this time of Parliament they had not made known unto him what might be profitable for the Church whose cause he was ready to promote And he laid this Charge upon them that in the Cause of Bristol and Buckingham their Consciences being their Guides they should follow onely proofs and not rumors The Commons sent again to the Duke by Sir Iohn Epsley to let him know that they were passing Articles against him and that they had given the Messengers leave to take Notes thereof out of the Clerks Book whereof he might take a Copy if he pleased and that they expected his Answer that day before ten of the Clock if he pleased to send any This the Duke signified to the Lords who did not think fit that he should answer as appears by the ensuing Report made by Sir Iohn Epsley This day his Grace gave us this Answer after he had moved the Lords that he should with great care make all due acknowledgment of your respect and favors in giving him this notice
MY Lords said he In this great business of Impeachment against the Duke of Buckingham I am commanded by the Commons in Parliament to bear a part of some importance The Articles allotted to my Charge are three the Sixth Seventh and Eighth which I shall open with as much brevity and perspicuity as I may The substance of several Cases concerning the same The Evidence to make them good together with such Observations as naturally arise out of the matter whereby your Lordships may the better discern wherein the Dukes faults do consist and what punishment may be answerable to such offences The Sixth Article is a distinct Charge different from the other two wherefore I will handle it with the Incidents thereof by it self The Seventh and Eighth Articles being of one nature and subject are indeed several parts of one Charge rather then several Charges and have such a connexion in themselves that with your Lordships leaves I will handle them both together without dividing them which I hold will be the shortest and fittest way to do right to the Cause and to your Lordships The Sixth Article giveth me occasion my Lords thus to enlarge my self In a Treaty the 18. of August 1604. between our late Soveraign King Iames of glorious memory and Philip the Third King of Spain It was agreed That there should be perfect Amity and Peace to endure for ever by Land Sea and Fresh-waters between these Kings their Heirs and Successors their Dominions Liege-men and Subjects then being or which should be And that either party should then after abstain from all depradations offences and spoils by Sea Land and Fresh-waters in what Dominions or Government soever of the other and should cause restitution to be made of all depradations which then after should be comitted and the damages growing by means thereof And that the said Kings shall take care that their Subjects should from thenceforth abstain from all force and wrong-doing and that they likewise should revoke all Commissions and Letters-Patents of Reprisal or Mart or otherwise containing Licence to take Prizes All which are declared by the said Treaty it self to be void and that whosoever should do any thing contrary should be punished not only criminally according to the merit of his offence but should also be compelled to make restitution and satisfaction for the losses to the parties damnified requiring the same Lastly it was concluded That between them and every of their Subjects might be free Commerce in all the Dominions by Sea Land and Fresh-waters in which before the Wars there hath been Commerce and according to the use and observance of the antient Leagues and Treaties before the Wars the Customs as they were at that present rated according to the Ordinance of the Places being paid This Treaty being setled and continuing his late Majesty King Iames by his Highness Letters-Patents bearing date the 14. of September An. 13. of his Reign did grant unto the Governors of the Merchants of London trading into the East-Indies and to their Successors in case they be justly provoked or driven thereunto in defence of their persons goods or ships by any disturbance or hinderance in their quiet Course of Trade or for recompence or recovery of the persons ships or goods of any of his Majesties Subjects that had been formerly in or neer the East-Indies or for any other just cause of their defence or recompence of losses sustained That then the Captains or principal Commanders of the said Company or any other under their government should or might attempt surprise or take the persons ships and goods of any Prince or State by whose Subjects they should sustain any wrong or loss in manner as aforesaid as by the said Letters-Patents appeareth Some years after the granting of these Letters-Patents under pretext that the said Treaty was broken there was some interruption and violence offered by the King of Spain's Subjects in the Ports of East-India to the Merchants of the East-India Company trading into those parts whereby they were much damnified and thereupon suspecting that it might be in vain to complain for redress in an ordinary course of Justice in the East-India or in default thereof to return into Spain to make complaint to that purpose where nothing was likely to be done till they had sent from thence again into the East-Indies and received an answer And after all this upon denial of Justice in Spain to come into this Kingdom for Letters of Request without which in ordinary course they should not use Reprisal and many years would be spent before they could come to have an end of these suits It is true that thereupon partly in their defence and partly for amends and partly for revenge they did by pretext of the said Letters-Patents take some goods of the Portugals in the East-Indies Subjects to the King of Spain and afterwards being commanded by the King of Persia to transport certain Forces of his in Ormus an Island situate in the Country of Persia some goods of Portugals subjects to the King of Spain were there taken by Captain Blith and Captain Wedel and others of their Company being servants and in pay under the East-India Company In Iuly 1623. Two ships called the Lyon and the Ionas being part of a Fleet belonging to the said Company returned from Ormus aforesaid out of an East-Indian Voyage and arrived in the Downs richly laden with goods and merchandise lawfully belonging to the said Company and estimated to the value of One hundred thousand pounds The Duke of Buckingham in or about October 1623. being advertised thereof well knowing the Company to be rich and apprehending in himself a probable ground how he might exact and extort some great sum of money from the said Company out of the profit of these ships and their lading by colour of his Office of Lord Admiral of England and out of his power and greatness his Office being used for a groundwork of his design therein did thereupon pretend that the lading of the said ships was for the most part with goods Pyratically taken at Sea in the parts about Ormus aforesaid and that a Tenth part or some other great share thereof did belong to him in the right of his said Office of Lord Great Admiral of England and by vertue of his Letters-Patents and Grant from his late Majesty in that behalf alleadging withall howsoever the said Company might peradventure answer the matter yet there would and might be strong opposition against them These words were used to possess them with fear and to make them stand in awe of his power when he should come afterwards particularly to press them to yield to his unjust demands Having once resolved of his ends which was to get money he thus proceeded to effect the same In the moneths of November December January and February then next following he had divers times Treaties by himself and his Agents with the the then Governor and others of the
readiness for circumvention and surprisal of the Owners Captains and Masters of the said Ships then and not before they were suddenly pressed to Seal the Countreparts of the prepared Articles and they were about the same time released and discharged from the Imprest of his Majesties Service and acquainted and designed to serve the French King the said three moneths pay being offered and afterwards paid unto them before-hand as a bait to draw on and intangle them in the business Nevertheless the Captains and Owners of the said Merchants Ships doubted upon some points to wit first Against whom they should be employed secondly What Foreign power they should be bound to take into their Ships and thirdly What sufficient security they should have for their freight and redelivery of their Ships But there were private Instructions given to Captain Iohn Pennington Captain of the Kings Ship the Vauntguard as for him and the whole Fleet that he should observe the first Instructions to wit Not to serve against those of the Religion and to take into his Ship no more Frenchmen then they could master The pretence for Genoa and these private Instruments for Pennington were but a further Artifice of the Dukes to draw the Ships into France and to conceal the breaking forth of the matter here in England And the more to endear them and confirm them in an opinion of right intention they were commanded to conceal these private Instructions as if the Duke and his Agents hast trusted them more then they did the Ambassadors By these and other like cunning and undue proceedings of the said Duke the said Marquis d' Effiat sealed one part and the Owners of the said Merchants ships respectively sealed the other parts of the said pretended Articles trusting they should not be bound to the strict performance thereof by reason of the said private Instructions to the contrâ—â— After the passing of these Articles the said ships being formerly ready the said Duke May 8. 1625. made a Warrant under the Great-Seal to call the Companies aboard which had been raised and fitted for the said French service according to former Instructions and with first opportunity to go to such Port as the French Ambassador should direct c. there to expect Directions of the Party that should be Admiral of the said Fleet so prepared with a requiry of all Officers to be assistant hereunto All things being now in readiness Captain Pennington being Admiral of this whole Fleet in May 1625. went with the Kings said ship the Vantguard and the seven Merchants ships aforesaid to Diep in France There instantly the Duke of Memorancy Admiral of France would have put Two hundred French Souldiers aboard the ship called the Industry being no more men then she could stow but a far greater proportion of men then her proper Company was able to command or master and offered also to do the like to every one of the said ships telling the said Captain Pennington and other the said English Captains and Owners and their Companies in direct tearms that they were to go and should go to serve against the City and Inhabitants of Rochel and against those of our Religion whereunto they all shewing themselves unwilling there were Chains of Gold and other Rewards offered unto some of the Captains Masters and Owners to induce them All which they utterly refused protesting unanimously against the Design and would not take in above a fit number of men such as they might be able to command Also the Company of the Kings ship did there inform Captain Pennington of this Overture made to go against Rochel and exhibited a Petition to him against the same subscribing their names to the Petition in a Circle or Compass that it might not appear who was the beginner of the same and then they laid it under his Prayer-Book where he found and read it Whereupon Captain Pennington and the rest consulted more seriously of the matter and by a general assent returned all back to the Downs where they arrived about the end of Iune or beginning of Iuly 1625. From thence Captain Pennington sent a Letter to the Duke of Buckingham by one Ingram with the said Petition and imployed him to become a Suitor to get a discharge from serving against Rochel Ingram delivered the Letter to the Duke and saw him read it together with the said Petition whereby as by other former and later means he had full notice of the Design and intent of the French to go against the Rochellors Iames Moyer also about the same time came to the Court and had conference with my Lord Conway and Sir Iohn Cook now Secretary acquainting them what had passed at Diep praying them to acquaint the Duke which they did and the Duke delivered the said Letter and Petition to Sir Iohn Cook The Duke of Chevereux and Monsieur de Villocleer being now come into England as extraordinary Ambassadors from the French King they and the said Marquis d' Effiat more especially d' Effiat sollicited and got a Letter from the Lord Conway by the Dukes means dated Iuly 1O 1625 directed to Captain Pennington whereby he took upon him to express and signifie his Majesties pleasure to be That his Majesty had left the command of the ships to the French King and that now Captain Pennington should receive into them so many men as that King should please for the time contracted and recommended his Letter to be as a sufficient Warrant in that 〈◊〉 All this while the King or Body of the Council were never made acquainted with any other design then that of Genoa nor heard any thing of the passages at Diep nor of the design for Rochel nor of our Masters Companies Petitions Informations or Complaints thereupon This Letter of the Lord Conways was sent by Parker from Hampton-Court unto Pennington being now about the Downs and was not long after delivered into his hands About this time Monsieur de la Touche and others as from the Duke de Rohan and others of the Protestant party in France sollicited our King and Council against the going of the ships and had good words and hopes from both but from the Duke the contrary who told them the King his Master was obliged and so the ships must and should go The ships remained still in the Downs and afterwards viz. about Iuly 15. 1625. there was a Treaty at Rochester between the three Ambassadors Extraordinary of France and Iames Moyer and Anthony Touchin for themselves and other English Captains and Masters of ships c. The said Moyer and Touchin being by Message commanded to attend the Duke of Buckingham at Rochester for conclusion and settlement to be had of this business the said Ambassadors did there proffer and offer to the said Moyer and Touchin an Instrument in French purporting thus viz. 1. That the said English Captains and their Companies should consent and promise to serve the French King against all none excepted but
Answer in writing under their hands whether they would conform to the Lord Conways Letter and to the Instrument peraffetted at Rochester for delivery over of the said ships yea or no offering to procure them a sufficient discharge to their contentment for their so doing The same day also Sir Ferdinando Gorge and the rest by writing under their hands subscribed did declare as followeth namely That they were willing to obey our King but held not the security peraffetted at Rochester by the three Ambassadors to be sufficient though honorable and so they absolutely refused to deliver their ships upon that security desiring better caution in that behalf 1. By Merchants of Paris 2. To be transferred to London 3. Irrevocable 4. And such as might not be protected by Prerogative and to have this under the Hands and Seals of both Kings All this while our King or body of the Council knew nothing in certain of any other design of the French then only of their pretence against Genoa and believed that all the Articles and Instruments that had passed between the French and us or the Captains Masters and Owners of the English ships had been penned and contrived with full and good Cautions accordingly for pâ—evention of all dangers that might grow to the contrary Also the same 28 Iuly the Captains and Masters taking notice of Mr. Nicholas pressing them to deliver their ships before security given to their content contrary to former Propositions which they held unreasonable did make answer unto the Marquis in writing That until they should have security to their contentment they would not quit the possession of their ships unto the French which was but reasonable and they sent therewith a valuation of their several ships as they would stand to They likewise demanded a performance of all things formerly sent to his Lordship from them by Mr. Nicholas save only for the security by money deposited saying that for all the rest they durst not proceed otherwise Lastly they prayed for a speedy Answer that the delay in this business may not seem to be in them But D' Effiat being confident of the Duke of Buckingham's Letters promises and proceedings aforesaid would not consent to these reasonable demands of the Captains and Masters of the English ships protracting the time till he might hear further from the said Duke out of England While these things were thus in handling both in France and in England there were written over out of France into England Letters of advertisement how and upon what ground or by what act or means procured or occasioned appeareth not yet from one Mr. Larking a servant to the Earl of Holland and a kind of Agent a person some way imployed by our State or under some of our Ambassadors or Ministers in France That the Peace was concluded with those of our Religion in France and that within fourteen days the War would break forth or begin in Italy with a Design upon Genoa a matter of great importance for annoying the Spaniard This Letter of Larking came to the English Court at Richmond 28 Iuly when the Duchess of Chevereux Child was there Christened and the Contents thereof as hath been alleaged were confirmed by the Ambassadors of Savoy and Venice By the advantage and colour whereof the Duke of Buckingham drew the King who all this while knew nothing of the Design upon Rochel or those of our Religion but thought the â—ormer Articles had been safe and well penned both for him and his Subjects according to the most religious and politick intention and Instructions in that behalf originally given by his late Father to write a Letter dated at Richmond the same 28 Iuly directed to the said Captain Pennington to this effect viz. His Majesty did thereby charge and command the said Captain Pennington without delay to put his Highness former Command in execution for consigning the Vantguard into the hands of the Marguis D'Effiat for the French with all her Furniture assuring her Officers his Majesty would provide for their Indemnity And to require the seven Merchants ships in his Majesties name to put themselves into the service of the French King according to the promise his Majesty had made unto him And in case of backwardness or refusal commanding him to use all forcible means to compel them even to sinking with a Charge not to fail and this Letter to be his Warrant This Letter was sent by Captain Thomas Wilbraham to Captain Pennington who was yet in the Downs In the beginning of August 1625. Captain Pennington went over again to Diep carrying with him the said Letters of his Majesty and certain Instructions in writing from the Duke of Buckingham to Mr. Nicholas agreeable in substance to the former verbal Instructions given by the Duke to him at Rochester as the said Nicholas alleadgeth who also affirmeth that in all things what he did touching that business he did nothing but what was warranted by the Dukes Instructions to him which if it be true then the Duke of Buckingham who commanded and imployed him therein must needs be guilty of the matters so acted by the said Mr. Nicholas If there be any subsequent act or assent of Council or of some Counsellors of State for the going of these ships to the French or for putting them into their power it was obtained only for a colour and was unduly gotten by misinforming the Contents of the sealed Articles and concealing the Truth or by some other undue means Neither can any such latter act of Council in any sort justifie the Dukes proceedings which by the whole current of the matter appears to have been indirect in this business even from the beginning About the time of Captain Pennington's coming over to Diep the second time Mr. Nicholas did in his speeches to the Captains and Masters of the seven Merchants ships threaten and tell them That it was as much as their lives were worth if they delivered not their ships to the French as he required which put them in such fear as they could hardly sleep And thereupon two of them were once resolved to have come again away with the ships and because the former threats had made them afraid to return into England therefore to have brought and left their ships in the Downs and themselves for safety of their lives to have gone into Holland Captain Pennington being the second time come into Diep there forthwith delivered and put the said ship the Vantguard into the absolute power and command of the French King his Subjects and Ministers to the said French Kings use to be imployed in his service at his pleasure and acquainted the rest of the Fleet with the effect of his Majesties Letter and Command and demanded and required them also to deliver and put their ships into the power and command of the French King accordingly The Captains Masters and Owners of the seven Merchants ships refused so to do as conceiving it was not
then to believe That the said ships were never meant or any way in danger to be imployed against the Rochellors or those of our Religion in France and herein he did great injury and disservice to his Majesty to the great scandal and prejudice of our Religion and Affairs and highly abused both the Lords and Commons by this cautelous and subtile Speech and Insinuation and thereby gave both Houses occasion to forbear Petitioning or suing to his Majesty for Redress in this Business while the time was not then passed for the ships were not as then actually imployed against the Rochellors albeit in truth they were then delivered into the French Kings power And the same time before the Parliament was dissolved Captain Pennington who could have opened the whole truth of the business for the Service of the King and the Realm came to Oxford but was there drawn to conceal himself by means of the Duke and not to publish in due time his knowledge of the Premisses as was there shortly after reported The truth whereof the Lords in this Parliament may be pleased to examine as they shall see cause the Parliament at Oxford being shortly after viz. Aug. 12. unhappily dissolved In or about September 1625. The said ships were actually imployed against the Rochellors and their Friends to their exceeding great prejudice and almost utter ruine It hath been said by some of the French that the Vantguard she mowed them down like grass To the great dishonor of our Nation and the scandal of our Religion and to the disadvantage of the great affairs of this Kingdom and all Christendom Also the Ships themselves were in eminent peril to be utterly lost for lack of sufficient Cautions If they be come home since this Parliament sate down long after the matter was here expounded and taken into examination It may be well presumed that it is by some underhand procuring of the Duke and the secret complying of the French with him to colour out the matter which the Lords may examine as they see cause The one and onely English-man that presumed to stay in one of the Ships and serve against the poor Rochellors of our Religion at his return was slain in charging a Peece of Ordnance not by him well sponged In February last 1625. Monsieur de la Touche having speech with Master Thomas Sherwell a Member of the Commons House of Parliament at Salisbury as he was coming up to the Parliament and Monsieur de la Touche going down into Somerset-shire to Master John Pawlets to Monsieur Sobysa He told Master Sherwell in the hearing also of one Master Iohn Clements of Plymouth who is now in Town the words that the Duke had spoken to him the last Summer touching these Ships and thereupon used these words Ce Duque est un meshant homme Upon this whole Narration of the Fact touching the manner of Delivery of the Ships to the French divers things may be observed wherein the Dukes offences do consist As In betraying a Ship of the Kings Royal Navy unto a Foreign Princes hand without good Warrant for the same The dispossessing the Subjects of this Realm of their Ships and Goods by many artifices and subtilties and in conclusion with high hand and open violence against the good will of the Owners In breaking the duty of Lord Admiral and Guardian of the Ships and Seas of this Kingdom In varying from the original good Instructions and presuming to give others of his own head in matters of State In violating the duty of a sworne Privy-Counsellor to his Majesty In abusing both Houses of Parliament by a cautelous Misinformation under a colour of a Message from his Majesty And in disadvantaging the Affairs of those of our Religion in Foreign parts Offences of an high and grievous nature For the proof of some parts thereof which are not the least I offer to your Lordships consideration the Statute of the 2 3 E. 6. touching the Duke of Somerset wherein is recited That amongst other things he did not suffer the Piers called the Newhaven and Blackerst in the parts beyond the Seas to be furnished with victuals and money whereby the French were encouraged to invade and win the same Aud for this offence amongst others it was Enacted That a great part of his Land should be taken from him And if Non-feazance in a matter tending to lose a fixed Castle belonging to the King be an high offence then the actual putting of a Ship Royal of the Kings into the hand of a Foreign Prince which is a moveable and more useful Castle and Fortress of the Realm must needs be held a greater offence I will forbear to cite any more Presidents of this kind because some of those who have gone before me have touched at divers Presidents of this nature which may be applied to this my part Only because the abuse of the Parliament which is the chiefest Council of State and Court of Judicature in the Realm is not the least offence in this business I shall desire your Lordships to take into consideration the Statute of Westm. 1. cap. 30. whereby such as seem to beguile Courts of Justice are to be sore judged in the same Courts and punished as by that Statute appeareth So he concluded and left the Duke to their Lordships equal Justice The Ninth and Tenth Articles were read next IX Whereas the Titles of Honor of this Kingdom of England were wont to be conferred as great Rewards upon such vertuous and industrious Persons as had merited them by their faithful service The said Duke by his importunate and subtile procurement hath not only perverted that antient and most honorable way but also unduly for his own particular gain he hath enforced some that were rich though unwilling to purchase Honor As the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth year of Reign of the late King Iames of famous memory and there so threatened and dealt withall that by reason thereof he yielded to give and accordingly did pay the sum of Ten thousand pounds to the said Duke and to his use For which said sum the said Duke in the moneth of Ianuary in the Two and twentieth year of the said lake King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in his particular so the Example thereof tendeth to the prejudice of the Gentry and dishonor of the Nobility of this Kingdom X. Whereas no Places of Judicature in the Courts of Justice of our Soveraign Lord the King nor other like Preferments given by the Kings of this Realm ought to be procured by any Subject whatsoever for any Reward Bribe or Gift He the said Duke in or about the moneth of December in the Eighteenth year of the Reign of the late King Iames of famous
adding but one The Regality of our Narrow Seas the Antient Inheritance of our Princes lost or impeached This I need not further to press but from hence my Observation must descend to his other Virtues and that by way of Perspective I shall give it so near and short as rather to exercise your Lordships Memory then to oppress your patience First I propose unto your Lordships the inward Character of the Dukes minde which is full of Collusion and Deceipt I can express it no better then by the Beast called by the Antients Stellionatus a Beast so blur'd so spotted so full of foul lines that they knew not what to make of it So do we finde in this mans practice who first inveagled the Merchants drawing them to Deep to be inchralled then dealt deceitfully with the King to colour his Offences his design being against Rochel and the Religion Next with the Parliament to disguise his Actions a practice no less dangerous and disadvantageous to us then prejudicial to our Friends and Allies Next I present to your Lordships the Dukes high oppression and that of strange latitude and extent not to Men alone but to Laws and Statutes to Acts of Council to Pleas and Decrees of Court to the pleasure of his Majesty all must stoop to him if they oppose or stand in his way This hath been expressed unto you in the Ship called the St. Peter and those of Deep nay he draws on the colour of his Majesties great Name to shadow his design It had been his duty nay the trust of his place not to have translated them into the hands of strangers that had his Majesty yeilded in that point the Duke should have opposed it by his continual Prayers and Intercessions making known unto his Majesty the Inconveniencies likely to ensue and not to rest there but to have reported it to your Lordships sitting in Council to have desired and prayed your aid and assistance in a matter of so great importance And if this had failed he should have entered into a Protestation against it This hath been done by worthy Predecessors in that Office and this had been the worthy discharge of the great trust reposed in his place I heard the Ships were returned but I know it not but if I knew so this neither excuseth nor qualifieth the Dukes offence The French in this case are to be commended not he excused he left them in the hands of a Foreign Power who when they once had them for any thing he knew might easily have kept them The third head is The Dukes extortion in exacting from the East-India Company without right or colour Ten thousand pounds exquisitely expressed and Mathematically observed by the Gentleman you know by whom employed who by his Marine experience learned this Observation That if the Fleet gained not the wind by such time at the Cape the Voyage was lost Here one of the Lords interposing privately It was the King that employed him Sir Iohn Elliot in the Name of the Commons makes this Protestation Far be it from them to lay any Odium or Aspersion on his Majesties Name they hold his Honor spotless nor the least shadow of blemish can fix upon him in this business Next to foul Extortion is Bribery and Corruption in the Sale of Honor and Offices of Command That which was wont to be the crown of Vertue and Merit is now become a merchandise for the greatness of this man and Justice it self made a prey unto him All which particulars your Lordships have heard opened and enforced with Reasons and Proofs what in themselves they are and therefore I spare further to press them In the fifth place I observe a wonder in Policy and in Nature how this man so notorious in evil so dangerous to the State in his immense greatness is able to subsist of himself and keep a Being To this I answer That the Duke hath used the help of art to prop him up It was apparent That by his skill he hath raised a party in the Court a party in the Country and a main party in the cheif places of Government in the Kingdom So that all the most deserving Offices that require Abilities to discharge them are fixed upon the Duke his Allies and Kinred And thus he hath drawn to him and his the Power of Justice the Power of Honor and the Power of Command and in effect the whole Power of the Kingdom both for Peace and War to strengthen his Allies and in setting up himself hath set upon the Kingdoms Revenues the Fountain of Supply and the Nerves of the Land He intercepts consumes and exhausts the Revenues of the Crown not onely to satisfie his own lustful desires but the Luxury of others and by emptying the Veins the Blood should run in he hath cast the Body of the Kingdom into a high Consumption Infinite sums of Money and mass of Land exceeding the value of Money Contributions in Parliament have been heaped upon him and how have they been employed Upon costly Furniture sumptuous Feasting and magnificent Building the visible evidences of the express exhausting of the State and yet his Ambition which is boundless resteth not here but like a violent flame bursteth forth and getteth further scope Not satisfied with injuries and injustice and dishonoring of Religion his attempts go higher to the prejudice of his Soveraign which is plain in his practice The effects I fear to speak and fear to think I end this passage as Cicero did in a like case Ne gravioribus utar verbis quam rei natura fert aut levioribus quam causae necessitas postulat Your Lordships have an Idea of the Man what he is in himself what in his affections You have seen his power and some I fear have felt it you have known his practice and have heard the effects It rests then to be considered what being such he is in reference to the King and State how compatible or incompatible with either In reference to the King he may be stiled the Canker in his Treasure in reference to the State the Moth of all goodness What future hopes are to be expected your Lordships may draw out of his Actions and Affections I will now see by comparison with others to what we may finde him likened I can hardly finde him a match or parallel in all Presidents none so like him as Sejanus who is thus described by Tacitus Audax sui obtegens in alios criminator juxta adulator superbus To say nothing of his Veneries if you please to compare them you shall easily discern wherein they vary such boldness of the one hath lately been presented before you as very seldom or never hath been seen For his secret Intentions and Calumniations I wish this Parliament had not felt them nor the other before For his Pride and Flattery it is noted of Sejanus that he did Clientes suos Provinciis adornare Doth not this Man the like Ask England
hurt but there hath been that provision taken by his Majesty not without the care of the Duke both by force and treaty to repress them for the time to come as will give good satisfaction All which he is assured will clearly appear upon proof To this Article the Duke maketh this Answer That about September last this Ship called the St. Peter amongst divers others was seised on as lawful prize by his Majesties Ships and brought into Plimouth as Ships laden by the Subjects of the King of Spain in the end of October or beginning of November they were all brought to the Tower of London all of them were there unladen but the Peter and the bulk of her Goods was not stirred because they were challenged by the Subjects of the French King and there did not then appear so much proof against her and the goods in her as against the rest About the middle of November Allegations were generally put in against them all in the Admiralty Court to justifie the seisure and all the Pretendants were called in upon these proceedings divers of the Ships and Goods were condemned and divers were released in a legal course and others of them were in suspence till full proof made The Eight and twentieth day of December complaint was made on the behalf of some Frenchmen at the Council-Board concerning this Ship and others when the King by Advice of his Council his Majesty being present in person did order that the Ship of Newhaven called the Peter and the Goods in her and all such other Goods of the other prizes as should be found to appertain to his Majesties own Subjects or to the Subjects of his good Brother the French King or the States of the United Provinces or any other Princes or States in Friendship or Alliance with his Majesty should be delivered But this was not absolute as is supposed by the Charge but was thus qualified so as they were not fraudulently coloured and it was referred to a judicial proceeding According to this just and honorable Direction the Kings Advocate proceeded upon the general Allegations formerly put in the 26 of Ianuary after there was a Sentence in the Admiralty that the Peter should be discharged and the Kings Advocate not having then any knowledge of further proof consented to it But this was not a Definitive Sentence but a Sentence Interlocutory as it is termed in that Court. Within few days after this Ship prepared her self to be gone and was falling down the River then came new intelligence to the Lord Admiral by the Lieutenant of the Tower That all those Ships were laden by the Subjects of the King of Spain that the Amirantasco wasted them beyond the North Cape that they were but coloured by Frenchmen that there were Witnesses ready to make good this new Allegation neither was it improbable to be so for part of the Goods in that Ship have been confessed to be lawful prize This Ship being now falling down the River and being a Ship of the most value of all the rest the Duke acquainted the King therewith and by his commandment made stay of the Ship lest otherwise it would be too late which the Duke in the duty of his place of Admiral as he believeth ought to have done without such command And if he had not done so he might worthily have been blamed for his negligence and then instantly he sent for the Judge of the Admiralty to be informed from him how far the Sentence already past did binde and whether it might stand with Justice to make stay of her again she being once discharged in such manner as before The Judge answered As he was advised that it might justly be done upon better proofs appearing yet discreetly in a matter of that moment he took time to give a resolute answer That in the interim he might review the Acts which had passed The next day or very shortly after the Judge came again to the Duke and upon Advice answered resolutely That the Ship and the Goods might justly be stayed if the proofs fell out to be answerable to the Information given whereof he said he could not judge till he had seen the Depositions And according to this resolution of the Judge did five other Learned Advocates besides the Kings Advocate concur in opinion being intreated by the Duke to advise thereof so cautious was the Duke not to do any unjust act Then he acquainted the King again therewith and his Majesty commanded him to reseize this Ship and to proceed judicially to the proofs and the Duke often required the Kings Advocate to hasten the examination of the Witnesses and many Witnesses were produced and examined in pursuance of this new Information But the French Merchants impatient of any delay complained again to the Council-Board where it was ordered not barely That the Ship and Goods should be presently delivered but should be delivered upon security and upon security she had been then delivered if it had been given and security was once offered but afterwards retracted And when all the Witnesses produced were examined and published the Kings Advocate having duly considered of them forthwith acquainted the Duke that the proofs came too short for the Peter and thereupon the Duke instantly gave order for her final discharge and she was discharged by order of Court accordingly By which true Narration of the Fact and all the proceedings the Duke hopeth it will sufficiently appear That he hath not done any thing herein on his part which was not justifiable and grounded upon deliberate and well-advised Councils and Warrant But for the doing of this to his own lucre and advantage he utterly denieth it for he saith that there was nothing removed out of the Ship but some moneys and some small boxes of stones of very mean value and other small Portable things lying above the Deck easily to be imbezilled And whatsoever was taken out of the Ship was first publickly shewed to his Majesty himself and then committed to the custody of Gabriel Marsh in the Article mentioned by Inventory then and still Marshal of the Admiralty by him to be safely kept whereof the money was employed for the Kings immediate service and by his direction and the rest was left in safe keeping and are all since delivered and reimbursed to the owners or pretended owners thereof and not a penny profit thereof or thereby hath come to the Duke himself as shall be made good by proof And whereas the suggestion hath been made that this accident was the cause of the Imbargo of the Ships and Goods of our Merchants trading in France he saith that is utterly mistaken for divers of their Goods were imbarged before this hapned and if in truth the French had therein received that as either they pretend or is pretended for them yet the imbarguing of the Goods of the English upon that occasion was utterly illegal and unwarrantable For by the mutual Articles between the two Kings
to be guided by ordinary Presidents In like manner the Lord Major and Commonalty of London petitioned the Council for an Abatement of the Twenty Ships rated upon them unto Ten Ships and two Pinnaces alleadging disability whereunto the Council gave this following Answer That the former Commandement was necessary the preservation of the State requiring it and that the charge imposed on them was moderate as not exceeding the value of many of their private estates That Petitions and Pleadings to this Command tend to the danger and prejudice of the Commonwealth and are not to be received That as the Commandment was given to all in general and every particular of the City so the State will require an accompt both of the City in general and of every particular And whereas they mention Presidents they might know that the Presidents of former times were Obedience not Direction and that Presidents were not wanting for the punishment of those that disobey his Majesties Commands signified by that Board which they hope shall have no occasion to let them more particularly understand Hereupon the Citizens were glad to submit and declared their consent to the Kings Demands and by Petition to the Council had the favor to nominate all the Officers of those Twenty Ships the Captains onely excepted the nomination of whom appertained to the Lord High Admiral of England Then there were likewise issued forth Privy Seals to several persons to others the way of Benevolence was proposed And because the late Parliament resolved to have given the King Four Subsidies and Three Fifteens the sums which the King required were according to that proportion And to prevent misunderstandings it was declared unto the Countrey That the Supplies now demanded were not the Subsidies and Fifteens intended to be given by the Parliament but meerly a free gift from the Subject to the Soveraign upon such weighty and pressing occasions of State The Justices of Peace in the several Counties were directed by the Privy Council to send for persons able to give and to deal with them singly by using the most prevailing perswasions Amidst these Preparations the Kingdom being exposed to dangers both Forein and Domestick a general Fast was observed on the Fifth of Iuly in the Cities of London and Westminster and places adjacent and on the Second of August throughout the Kingdom to implore a blessing upon the endeavors of the State and the diverting of those judgments which the sins of the Land deserve and threaten And for the defence of this Realm threatned with a powerful Invasion extraordinary Commissions were given to the Lords Lieutenants of the several Counties to Muster the Subjects of whatsoever degree or dignity that were apt for War and to try and array them and cause them to be armed according to their degrees and faculties as well Men of Arms as other Horsmen Archers and Footmen and to lead them against publick Enemies Rebels and Traytors and their adherents within the Counties of their Lieutenancy to repress slay and subdue them and to execute Martial Law sparing and putting to death according to discretion And in case of Invasions Insurrections Rebellions and Riots without the limits of their respective Counties to repair to the places of such Commotions and as need required to repress them by battel or any forcible means or otherwise either by the Law of this Realm or the Law Martial In like manner lest the deserting of the Coasts Ports and Sea Towns should expose those places to become a prey and invite the Enemy to an Invasion the Inhabitants and those that had withdrawn themselves to Inland places were required to return with their Families and Retinues and there to abide during those times of Hostility and Danger And for securing of the Coasts from Spain or Flanders some of the Kings Ships were employed in the River Elbe to prevent the furnishing of Spain from those parts with materials for shipping which occasioned a great discontent in those of Hamburgh for that their Neighbors of Lubeck and other Towns of the East Sea were free from this restraint insomuch that they resolved to force their passage by a Fleet of Fifty or threescore sail of Ships Whereupon the Lord Admiral informed the Council that his Majesties charge at Hamburgh was expended to little purpose except also the Sound could be shut up against all shipping that should carry prohibited Commodities especially since the Hamburgers send their Commodities by Land to Lubeck to be transported from thence into Spain and that the States and the King of Denmarks Ships are departed from the Elbe and have left the English alone Moreover the King prepared a Royal Fleet which was now at Portsmouth ready to put to Sea under the command of the Lord Willoughby and given out to be designed for Barbary The King of Denmark having put forth a Declaration of the Causes and Grounds wherefore he took up Arms against the Emperor declared one cause thereof to be FOrasmuch as the Elector Palatine by the procurement of the King of Great Britain and him the King of Denmark had offered his Submission to his Imperial Majesty and to crave Pardon and thereupon was in hopes to have his Patrimony with the Dignities of his Ancestors restored Yet notwithstanding the Emperor did still commit great spotles and acts of hostility in his Countrey giving no regard to the said Submission and had much damnified the Lower Saxony by the Forces which he had brought thither under Tilly. Whereupon he sayes the Princes of the Lower Saxony have desired the aid and assistance of him the King of Denmark to settle the Peace and Liberty of Germany who was resolved to take up Arms and with whom he was resolved for to joyn having the like assurance from the King of Great Britain who had déeply engaged to assist in this War for the restitution of the Elector Palatine Therefore the King of Denmark declares That séeing all Prayers Mediations and Accessions cannot prevail with his Imperial Majesty he will endeavor to procure a peace and settlement by force which he should have béen glad would have béen ordained unto him upon fair terms of Treaty In the beginning of the year divers Towns were taken by the King of Denmark and some retaken by Tilly but the Seven and twentieth of August decided the Controversie on which day the King of Denmark upon the approach of Tilly desiring to decline battel with the Emperors old Soldiers many of his own men being new levied Soldiers endeavored to make his retreat but Tilly followed so close his Rear-guard that he kept them in continual action till the King of Denmark saw no remedy but that he must either fight or lose the Rear of his Army and Train of Artillery Whereupon his Commanders advised him to resolve of a place of advantage and face about and give battel which accordingly they did and both Armies drew up near Luttern
the Ambassadors person as some are said to have done yet for using railing speeches against him calling him Divel or words to that purpose it was His Majesties pleasure that that fellow without any further delay on the morrow in the forenoon be publickly and sharply whipt thorow London beginning at Algate and so through the streets along by the place where the affront was offered towards Fleetstreet and so to Temple-Bar without any manner of favor The people were enraged at Gondomar through a perswasion that he abused the King and State to advance the designs of Spain By means of his power with the King he had transported Ordinance and other warlike Provisions to furnish the Spanish Arsenals and it was believed that he underhand wrought the sending of Sir Rob. Mansel into the Mediterranean Sea to fall upon the Pirates of Algier The Merchants of this Kingdom by them much infested being also induced to move for this Expedition wherein the English fleet performed gallantly and advancing within the reach of Cannon and small shot which from the Land showred like Hail upon them fired the Pirates ships within their own Harbor Nevertheless hereby our Strength was diverted our Treasure exhausted and the Spanish fleet and Merchants secured from those Robbers and Spain left at liberty to assist in subduing the Palatinate In the mean while our Kings Affairs in Germany notwithstanding the many Complaints grew more and more desperate In Bohemia the Emperor having well nigh subdued and setled the Country proceeded to the Tryal and Execution of the Authors of the late Commotions some were condemned to perpetual imprisonment and others to death and the Heads of many eminent persons were fixt on the Towers in Prague and their bodies quartered After this the Emperor began both in Austria and Hungaria to imprison divers that assisted the Bohemians and caused Proces to be made against them The Marquess of Iagerndorfe who stirred in the County of Glatsburgh and raised forces by Commission from the Elector Palatine published Letters against the Executions in Bohemia as cruel and barbarous The Emperor put forth an Answer and said That the Marquess published those things maliciously forasmuch as in Bohemia was the Original sedition and the head that infected the members That some few persons Authors of the troubles not in hatred of their Religion but for their Rebellion have been punished by the hand of Justice And he declared further That the like exemplary Justice should not be done in other places but that the Articles of the Peace should be observed By this time the Parliament having sate about four moneths King Iames was desirous to give them a time of vacancie The Lord Treasurer by the Kings command declared unto the Houses That his Majesty by the advice of his Privy Council thought fit to adjourn the Parliament lest the season of the year by the continual concourse of people should cause Infection Also that the Lieutenans and Justices might be in the Country And the Adjournment keeping the Parliament still in being was better then Proroguing That his Majesty had already redressed corruption in Courts of Justice and by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver-Thread and cherished the Bill against Informers and Monopolies The Commons were troubled at this Message and desired a Conference with the Lords and moved them to petition the King to forbear the Adjournment The King takes notice of it and the Treasurer acquainted the Lords that a Petition of this nature could not be pleasing to his Majesty it seeming to derogate from his Prerogative who alone hath power to call adjourn and determine Parliaments The Commons at a further Conference declared their hearty sorrow and passionate grief at the Kings resolution which they said cut off the performance of what they had consulted and promised for the Publique weal. The Lords sitting in their Robes the King came and made a Speech takes notice of his Message to both Houses and gave their Lordships thanks for obeying the same and acknowledging his power to call adjourn and dissolve Parliaments and for refusing to join with the Commons in the Petition for Non-adjournment And whereas some had given out that no good had been done this Parliament He put them in mind that the two Patents grievous to the Commonwealth were called in and that the Parliament had censured the Offenders for an example to all ages And if they desired it he offered them eight or ten days longer sitting to expedite Bills but said that at the request of the Commons he would not grant it The Lords had a Conference with the Commons after which they moved the King to continue their sitting for fourteen days which was granted and the Commons were satisfied with the resolution of Adjournment A Committee of both Houses afterwards attending the King he told them how ill he took it that the Commons should dispute his reasons of Adjournment all power being in him alone to call adjourn prorogue and dissolve Parliaments And on Iune 4. he declared for an Adjournment till November following And that he will in the mean time of his own authority redress Grievances And his Majesty as General Bishop of the Land did offer his prayers to God for both the Houses and admonished them That when they go into the Country they give his people a good accompt and satisfaction both as to the Proceedings and to the Adjournment of the Parliament The House of Commons immediately before their recess taking to heart the miseries of the Palatinate resolved that the drawing back in so good a Cause should not be charged on their slackness And thereupon drew up this following Declaration with an universal consent THe Commons assembled in Parliament taking into most serious consideration the present state of the Kings Children abroad and the generally afflicted estate of the true Professors of the same Christian Religion professed by the Church of England in Foreign parts And being touched with a true sense and fellow féeling of their distresses as Members of the same Body do with unanimous consent in the name of themselves and the whole body of the Kingdom whom they represent declare unto his most excellent Majesty and to the whole World their hearty grief and sorrow for the same and do not only join with them in their humble and devout prayers unto Almighty God 〈◊〉 protect his true Church and to avert the dangers now threatned but also with one heart and voice do solemnly protest That if His Maiesâ—â—â— pious endeavors by Treaty to procure their peace and safety shall not take that good effect which is desired in Treaty Wherefore they humbly beseech His Majesty not to suffer any longer delay That then upon signification of His Majesties pleasure in Parliament they shall be ready to the utmost of their powers both with their lives and fortunes to assist him so as that by the Divine
received but a slender return of the Lord Digby's Embassie to the Emperor for the restoring of the Elector Palatine But the Emperors full meaning in the business may be found at large in his own Letter to Don Baltazar de Zuniga a prime Councellor of State in Spain to be by him represented to the King his Master to this effect THat beholding the admirable providence of God over him he is bound to use that most notable Victory to the honor of God and the extirpation of all Seditions and Factions which are nourished chiefly among the Calvinists lest that Iudgment which the Prophet threatned the King of Israel should fall upon him Because thou hast dismissed a man worthy of death thy soul shall be for his soul. The Palatine keeps now in Holland not only exiled from the Kingdom which he rashly attempted but despoiled almost of all his own Territories expecting as it were the last cast of Fortune whom if by an impious kind of commiseration and his subtile petitioning he shall be perswaded to restore and nourish in his bosom as a trodden half-living snake what can he expect less then a deadly sting from him who in regard of his guilt can never be faithful but will alway gape for occasions to free himself from his fears and the genius of whose sect will make him an Enemy or an unsound Friend to the House of Austria and all other Catholick Princes Wherefore firmly casting in his minde that the Palatine cannot be restored He hath freely offered the Electorate to the Duke of Bavaria a most eager Defender of the Catholick cause by which means the Empire will always remain in the hand of Catholicks and so by consequence in the House of Austria And in so doing he shall take away all hope from the Palatine and those that sollicite so importunately for his restitution And it is to be hoped that the Lutheran Princes especially the Duke of Saxony will not so far disallow this translation as to take up Arms seeing Charls the Fifth upon a far lighter cause deprived John Frederick Duke of Saxony of the Electorate and conferred it on Maurice this Dukes great Uncle Besides no less is the Lutherans hatred of the Calvinists then of the Catholicks Such were the effects which the Kings Treating had wrought with the Emperor The Parliament that was to meet November the Fourteenth the King by Proclamation adjourned to the Eighth of February and expressed the cause to be the unseasonableness of the time of the year But this long Recess was shortned and the King declared That upon Important Reasons he had altered his former Resolutions and did adjourn it for no longer time then from the Fourteenth to the Twentieth of this instant November Upon which day it Reassembled and the King being absent by reason of his indisposition in health commanded a Message to be delivered to both Houses by the Lord Keeper the Lord Digby and the Lord Treasurer In the first place he acquainted the Two Houses with His Majesties indisposition of health which was the occasion of his absence at the opening of the Parliament yet he could not say he was absent so long as he was represented by a Son who was as dear to the Kingdom as to His Majesty As to the occasion of calling the Parliament by way of Antecedent he took notice of several effects of His Majesties gracious care over the Nation since the last Recess of the Parliament in His Majesties answering several Petitions concerning Trade Importation of Bullion Conservation of Coyn in the Land and prohibiting the Transportation of Iron Ordinance and that His Majesty by His Proclamation reformed Thirty six or thirty seven several matters complained of as Publick Grievances all of them without the least Trucking or Merchandising with the People a thing usual in former times He further said That His Majesty did principally fix the occasion of the calling a Parliament upon the Declaration Recorded and divulged far and near by the Representative Communalty of this Kingdom to assist His Majesty to carry on the War to recover the Palatinate yet withal his Lordship gave an account how His Majesty was since the last Parliament encouraged to travel a little longer in his pious endeavors to procure a peace by way of Treaty and that the Lord Digby was sent Ambassador upon that occasion and since returned but not with such success as was to be hoped for He minded both Houses of one Heroical Act of His Majesties since the last Parliament in the advancement of Forty thousand pounds to keep together a Body of an Army in the Lower Palatinate which otherwise had been dissolved before this Parliament could be assembled And that unless the Parliament take further resolution and imitate rather Ancient then Modern principles and be expeditious in what they do the Army in the Palatinate will fall to the ground And lastly Told them that His Majesty did resolve that this Parliament should continue till seven or eight days before the Festivals and to be renewed again the eighth of Februaâ—â— to continue for the Enacting of Laws and Perioding of things of Reformation as long as the necessity of the State shall require the same After the Lord Keeper had done the Lord Digby having received a Command from His Majesty to that purpose gave a brief account of his Negotiation with the Archduke about the Treaty of Peace how the Archduke consented thereunto and writ accordingly to the Emperor and the King of Spain of his proceedings who also writ to Spinola for a Cessation of Arms the Archduke having the Command of the Spanish forces in Germany but the Duke of Bavaria would not consent thereunto and the Lord Digby informed the two Houses that by the carriage of the Duke of Bavaria and by other circumstances he did evidently discover That from the beginning that Duke affected to get unto himself the Palatinate and the Title of Elector He further declared That if Count Mansfield was not speedily supplied he could not keep his Army together Then he gave an account how bravely Sir Horatio Vere had behaved himself in the Palatinate and that by his wisdom and valor there was kept from the enemy Heidelburg Mainheim and Frankendale the last of which places had then endured a moneths siege He also spoke Honorably of Capt. Burroughs and concluded That the fittest Redress was to furnish and keep up the Army already there which must be done by supplies of Money and more Forces must be prepared against the next Spring that we may have there an Army of our own for the strengthning of the Palatinate and encouragement of the Princes of the Union Then the Lord Treasurer spake and acquainted both Houses how empty the Kings Coffers were and how he had assisted the Palatine and Princes of the Union with great sums which had exhausted his Treasure and that His Majesty was much in debt Nevertheless though the King
declared for War he pursued Peace and resolved to close with Spain hoping to heal the Breach by that Alliance The House of Commons before they granted Subsides resolved to try the Kings Spirit by this Petition and Remonstrance which laid open the distempers of those times with their causes and cures Most Gratious and Dread Soveraign WE Your Majesties most Humble and Loyal Subjects the Knights Citizens and Burgesses now Assembled in Parliament who represent the Commons of Your Realm full of hearty sorrow to be deprived of the Comfort of Your Royal Presence the rather for that it proceeds from the want of Your health wherein we all unfeignedly do suffer In all humble manner calling to minde Your Gracious Answer to our former Petition concerning Religion which notwithstanding Your Majesties Pious and Princely intentions hath not produced that good effect which the danger of these times doth séem to us to require And finding how ill Your Majesties goodness hath béen requited by Princes of different Religion who even in time of Treaty have taken opportunity to advance their own ends tending to the subversion of Religion and disadvantage of Your Affairs and the Estate of Your Children By reason whereof Your ill affected Subjects at home the Popish Recusants have taken too much encouragement and are dangerously increased in their number and in 〈◊〉 insolencies We cannot but be sensible thereof and therefore humbly represent what we conceive to be the causes of so great and growing Mischeifs and what be the Remedies I. The Uigilancy and Ambition of the Pope of Rome and his dearest Son the one aiming at as large a Temporal Monarchy as the other at a Spiritual Supremacy II. The Devillish Positions and Doctrines whereon Popery is built and taught with Authority to their Followers for advancement of their Temporal ends III. The distressed and miserable estate of the Professors of true Religion in Foreign parts IV. The Disasterous accidents to Your Majesties Children abroad expressed with rejoycing and even with contempt of their persons V. The strange Confederacy of the Princes of thâ— Popish Religion aiming mainly at the advancement of theirs and subverting of ours and taking the advantages conducing to that end upon all occasions VI. The great and many 〈◊〉 raised and maintained at the charge of the King of Spain the 〈◊〉 of that League VII The expectation of the Popish Recusants of the Match with Spain and féeding themselves with great hopes of the consequences thereof VIII The interposing of Forein Princes and their Agents in the behalf of Popish Recusants for connivance and favor unto them IX Their open and usual resort to the Houses and which is worse to the Chappels of Foreign Ambassadors X. Their more then usual concourse to the City and their frequent Conventicles and Conferences there XI The education of their Children in many several Seminaries and Houses of their Religion in Forein parts appropriated to the English Fugitives XII The Grants of their just Forfeitures intended by Your Majesty as a Reward of Service to the Grantees but beyond Your Majesties intention transferred or compounded for at such mean rates as will amount to little less then a Toleration XIII The Licentious Printing and dispersing of Popish and Seditious Books even in the time of Parliament XIV The swarms of Priests and Iesuits the Common Incendiaries of all Christendom dispersed in all parts of your Kingdom And from these causes as bitter Roots we humbly offer to Your Majesty That we foresée and fear there will necessarily follow very dangerous effects both to Church and State For I. The Popish Religion is incompatible with ours in respect of their Positions II. It draweth with it an unavoidable dependency on Forein Princes III. It openeth too wide a gap for Popularity to any who shall draw too great a party IV. It hath a restless spirit and will strive by these Gradations if it once get but a connivancy it will press for a Toleration if that should be obtained they must have an equality from thence they will aspire to Superiority and will never rest till they get a Subversion of the true Religion The Remedies against these growing Evils which in all Humility we offer unto Your most Excellent Majesty are these I. That séeing this inevitable necessity is faln upon Your Majesty which no Wisdom or Providence of a peaceable and pious King can 〈◊〉 Your Majesty would not omit this just occasion spéedily and eâ—â—ectually to take Your Sword into Your hand II. That once undertaken upon so honorable and just grounds Your Majesty would resolve to pursue and more publickly avow the aiding of those of our Religion in Forein parts which doubtless would reunite the Princes and States of the Union by these disasters disheartned and disbanded III. That Your Majesty would propose to Your Self to manage this War with the best advantage by a diversion or otherwise as in Your déep judgment shall be found fittest and not to rest upon a War in these parts onely which will consume Your Treasure and discourage Your People IV. That the bent of this 〈◊〉 and point of Your Sâ—â—â—d may be against that Prince whatsoever opinion of potency he hath whose Armies and Treasures have first diverted and since maintained the War in the Palatinate V. That for securing of our Peace at home Your Majesty will be pleased to review the parts of our Petition formerly delivered unto Your Majesty and hereunto annexed and to put in execution by the care of choice Commissioners to be thereunto especially appointed the Laws already and hereafter to be made for preventing of dangers by Popish Recusants and their wonted evasions VI. That to frustrate their hopes for a future age our most Noble Prince may be timely and happily married to one of our own Religion VII That the Children of the Nobility and Gentry of this Kingdom and of others ill-affected and suspected in their Religion now beyond the Seas may be forthwith called home by your means and at the charge of their Parents or Governors VIII That the Children of Popish Recusants or such whose Wives are Popish Recusants be brought up during their Minority with Protestant Schoolmasters and Teachers who may sow in their tender years the Séeds of true Religion IX That Your Majesty will be pleased spéedily to revoke all former Licences for such Children and Youth to travel beyond the Seas and not grant any such Licence hereafter X. That Your Majesties Learned Council may receive Commandment from Your Highness carefully to look into former Grants of Recusants Lands and to avoid them if by Law they can and that Your Majesty will stay Your Hand from passing any such Grants hereafter This is the sum and effect of our humble Declaration which we no ways intending to press upon Your Majesties undoubted and Regal Prerogative do with the fulness of our Duty and Obedience humbly submit to Your most Princely consideration The glory of God whose cause it is
of thrée honorable Lords to impart unto us the weighty occasions moving your Majesty thereunto and from them we did understand these particulars That notwithstanding your Princely and pious endeavors to procure peace the time is now come that Janus Temple must be opened That the voice of Bellona must be heard and not the voice of the Turtle That there was no hope of peace nor any truce to be obtained no not for a few days That your Majesty must either abandon your own Children or engage your self in a War wherein consideration is to be had what Foot what Horse what Money will be sufficient That the Lower Palatinate was seised upon by the Army of the King of Spain as Executor of the Ban there in quality of Duke of Burgundy as the Upper Palatinate was by the Duke of Bavaria That the King of Spain at his own charge had now at least five Armies on foot That the Princes of the Union were disbanded but the Catholick League remained firm whereby those Princes so dissevered were in danger one by one to be ruined That the estate of those of the Religion in Foreign parts was miserable and that out of these considerations we were called to a War and forthwith to advise for a supply for kéeping the forces in the Palatinate from disbanding and to foresee the means for raising and maintaining the Body of an Army for the War against the Spring We therefore out of our zeal to your Maiesty and your Posterity with more alacrity and celerity than ever was presidented in Parliament did Address our selves to the service commended unto us And although we cannot conceive That the honor and safety of your Maiesty and your Posterity the Patrimony of your Children invaded and possessed by their enemies the welfare of Religion and State of your Kingdom are matters at any time unfit for our déepest consideration in time of Parliament And though before this time we were in some of these points silent yet being now invited thereunto and led on by so iust an occasion we thought it our duties to provide for the present supply thereof and not onely to turn our eyes on a War abroad but to take care for the securing of our peace at home which the dangerous increase and insolency of Popish Recusants apparently visibly and sensibly did lead us unto The consideration whereof did necessarily draw us truly to represent unto your Maiesty what we conceive to be the causes what we feared would be the effects and what we hoped might be the remedies of these growing Evils among which as incident and unavoidable we fell upon some things which séem to touch upon the King of Spain as they have relation to Popish Recusants at home to the Wars by him maintained in the Palatinate against your Maiesties Children and to his several Armies now on foot yet as we conceived without touch of dishonor to that King or any other Prince your Maiesties Confederate In the Discourse whereof we did not assume to our selves any power to determine of any part thereof nor intend to incroach or intrude upon the Sacred Bounds of Your Royal Authority to whom and to whom onely we acknowledge it doth belong to resolve of Peace and War and of the Marriage of the most Noble Prince your Son But as your most loyal and humble Subjects and Servants representing the whole Commons of your Kingdom who have a large Interest in the happy and prosperous estate of your Majesty and your Royal Posterity and of the flourishing estate of our Church and Commonwealth did resolve out of our Cares and Fears truly and plainly to demonstrate these things to your Majesty which we were not assured could otherwise come so fully and clearly to your knowledge and that being done to lay the same down at your Majesties féet without expectation of any other Answer of your Majesty touching these higher points then what at your good pleasure and in your own time should be held fit This being the effect of that we had formerly resolved upon and these the Occasions and Reasons inducing the same Our humble suit to your Majesty and confidence is That your Majesty will be gratiously pleased to receive at the hands of these our Messengers our former humble Declaration and Petition and vouchsafe to read and favorably to interpret the same and that to so much thereof as containeth our humble Petition concerning Iesuits Priests and Popish Recusants the Passage of Bills and Granting your Royal Pardon you will vouchsafe an Answer unto us And whereas your Majesty by the general words of your Letter séemeth to restrain us from intermedling with Matters of Government or Particulars which have their motion in the Courts of Iustice the generality of which words in the largeness of the extent thereof as we hope beyond your Majesties intention might involve those things which are the proper Subjects of Parliamentary occasions and discourse And whereas your Majesty doth séem to abridge us of the Antient Liberty of Parliament for Fréedom of Spéech Iurisdiction and Iust Censure of the House and other procéedings there wherein we trust in God we shall never transgress the bounds of Loyal and Dutiful Subjects a Liberty which we assure our selves so Wise and so Iust a King will not infringe the same being our antient and undoubted Right and an Inheritance received from our Ancestors without which we cannot fréely debate nor clearly discern of things in question before us nor truly inform your Majesty In which we have béen confirmed by your Maiesties most gratious former Spéeches and Messages We are therefore now again inforced in all humbleness to pray your Maiesty to allow the same and thereby to take away the Doubts and Scruples your Maiesties late Letter to our Speaker hath wrought upon us So shall we your loyal and loving Subiects ever acknowledge your Maiesties Iustice Grace and Goodness and be ready to perform that service to your Maiesty which in the true affection of our hearts we profess and pour out our daily and devout Prayers to the Almighty for your Maiesties long life happy and religious Reign and prosperous Estate and for your Royal Posterity after you for ever The King having rejected the first Petition gave to the later this Answer following WE must here begin in the same fashion that we would have done if the first Petition had come to our hands before we had made a stay thereof which is to repeat the first words of the late Queen of famous memory used by her in answer to an Insolent Proposition made by a Polonian Ambassador unto her that is Legatum expectabamus Heraldum accipimus For we had great reason to expect that the first Message from your House should have been a Message of Thanksgiving for our continued gratious behavior towards our people since your last Recess not onely by our Proclamation of Grace wherein were contained Six or seven and thirty Articles all of several
so we pray God that this desire among you of kindling Wars shewing your weariness of peace and plenty may not make God permit us to fall into the miseries of both But as we already said our care of Religion must be such as on the one part we must not by the hot persecution of our Recusants at home irritate Foreign Princes of contrary Religion and teach them the way to plague the Protestants in their Dominions with whom we daily intercede and at this time principally for ease to them of our profession that live under them Yet upon the other part we never mean to spare from due and severe punishment any Papist that will grow insolent for living under our so mild Government And you may also be assured we will leave no care untaken as well for the good Education of the Youth at home especially the children of Papists as also for preserving at all times hereafter the Youth that are or shall be abroad from being bred in dangerous places and so poisoned in Popish Seminaries And as in this point namely the good education of Popish youth at home we have already given some good proofs both in this Kingdom and in Ireland so will we be well pleased to pass any good Laws that shall be made either now or at any time hereafter to this purpose And as to your request of making this a Session and granting a General Pardon It shall be in your defaults if we make nor this a Session before Christmas But for the Pardon ye crave such particulars in it as we must be well advised upon lest otherwise we give you back the double or treble of that we are to receive by your entire Subsidy without Fifteens But the ordinary course we hold fittest to be used still in this case is That we should of our free grace send you down a Pardon from the Higher House containing such points as we shall think fittest wherein we hope ye shall receive good satisfaction But we cannot omit to shew you how strange we think it that ye should make so bad and unjust a Commentary upon some words of our former Letter as if we meant to restrain you thereby of your antient priviledges and liberties in Parliament Truly a Scholar would be asham'd so to misplace and misjudge any sentences in another mans book For whereas in the end of our former Letter we discharge you to meddle with matters of Government and Mysteries of State namely matters of War or Peace or our dearest Son's Match with Spain by which particular denominations we interpret and restrain our former words And then after we forbid you to meddle with such things as have their ordinary course in Courts of Justice Ye couple together those two distinct sentences and plainly leave out these words Of Mysteries of State so as ye erre à bene divisis ad male conjuncta For of the former part concerning Mysteries of State we plainly restrain our meaning to the particulars that were after mentioned And in the latter we confess we meant it by Sir Edward Cook 's foolish business And therefore it had well became him especially being our Servant and one of our Council to have complained unto us which he never did though he was ordinarily at Court since and never had access refused unto him And although we cannot allow of the stile calling it Your antient and undoubted Right and Inheritance but could rather have wished that ye had said That your Priviledges were derived from the grace and permission of our Ancestors and Us For most of them grow from Precedents which shews rather a Toleration then Inheritance Yet we are pleased to give you our Royal assurance that as long as you contain your selves within the limits of your duty we will be as careful to maintain and preserve your lawful Liberties and Priviledges as ever any of our Predecessors were nay as to preserve our own Royal Prerogative So as your House shall only have need to beware to trench upon the Prerogative of the Crown which would enforce us or any just King to retrench them of their Priviledges that would pare his Prerogative and Flowers of the Crown But of this we hope there shall be never cause given Dated at Newmarket the Eleventh day of December 1621. The Lord Keeper Williams advised That the harshness of this Answer should be mitigated with a Letter from his Majesty to the Houses For said he his Majesty rightly inferrs That their Priviledges which they claim to be their Natural birthrights are but the favors of former Kings Now the Kings assertion and their Claim may easily be reconciled if men were peaceably disposed and affected the dispatch of Common business These Priviledges were originally the favor of Princes neither doth his Majesty go about to impair or diminish them Therefore if his Majesty would be pleased to qualifie the passage with some mild and noble expression and require them strictly to prepare things for a Session and to leave those needless disputes He shall make it appear to all wise and just men that those persons are opposite to those Common ends whereof they vaunt themselves the onely Patrons Will the King be pleased to add in this Letter That if they will not prepare Bills for a Session he will break up the Parliament without any longer Prorogation acquainting the Kingdom with their undutifulness and obstinacie and supply the present wants by some other means Or else will he adjourn the present Assembly to the appointed Eight of February This latter course is fitter for further Advice but the former to express a just indignation The Lord Digby minded the Peers That this Session was called for the present support of the Palatinate as was declared by the Message from his Majesty to both Houses in the beginning thereof He reported also That he had received many great Advertisements of that Countries present distress and danger by the Duke of Bavaria and that the Army of Mansfeld who came in for defence if he be not speedily supplied with monies is in a possibility of deserting the service For he hath fair offers of making his Peace but nothing will take with him being in hopes of relief from England But the Parliament thought it their duty as well to advise his Majesty as to supply his wants December 19. The Prince delivered to the Clerk the Commission for an Adjournment to the Eight of February Which discontented the Commons and good people of England foreseeing a Dissolution by Gondomar's means Before the Adjournment in vindication of their Parliamentary rights and Priviledges the Commons made and entred this Protestation following THe Commons now assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Priviledges of Parliament amongst others here mentioned do make this Protestation following That the Liberties Franchises Priviledges and Iurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects
most loving Kinsman C. P. Given at Our Palace of Saint Iames 14 Martii 1621. To the Right Honorable the Lord Balthazar of Zuniga Right Honorable and Wel-beloved Friend BEcause we have divers times been informed by your Friends of your singular propension and zeal towards our Affairs we neither will nor ought to leave you unsaluted at this time you have so well deserved of us But it will be no small accession of your good will if you continue as you have begun to promote by your assistance our concernments with his Majesty our Welbeloved Brother which by what way it may best be done our Ambassador the Baron John Digby will be able to direct you to whom we have intrusted the residue of that matter And if during his residence there he may make use of your singular Humanity and Favor with the King in his Negotiation it will be most acceptable to us and render us who were by your deservings already forward to oblige you most forward for the future to deserve well of you which we shall most willingly testifie as occasion offers not onely in word but in deed J. R. Given at our Palace of Theobalds March 14. 1621. Sir Walter Aston the Leiger Ambassador had managed that Treaty by directions received from Digby and now Digby remained at large in it and had communication of the Passages from him The Spaniards proceed in the Match with a very formal appearance for at this very time the Emperors Ambassador in Spain had discoursed of a Marriage between his Masters Son and the Infanta but was presently answered That the Kings hands were tied by a Treaty on foot with the King of Great Brittain and in this particular they seemed as said the English Agent to deal above board In the mean time the Privy Council by the Kings Commandment consulted about the raising of Moneys to defend the Palatinate They appointed the Keeper of the Records in the Tower to search for all such writings as concerned the Levies of Men at the Publick charge of the Countrey from the time of King Edward the Third until this present Likewise they directed Letters of the tenor following to the Justices of the Courts at Westminster and to the Barons of the Exchequer WHat endeavors his Majesty hath used by Treaty and by all fair and amiable ways to recover the patrimony of his Children in Germany now for the most part withholden from them by force is not unknown unto all his loving â—ubjects since his Majesty was pleased to communicate to them in Parliament his whole proceedings in that business Of which Treaty being of late frustrate he was inforced to take other resolutions namely to recover that by the Sword which by other means he saw no likelihood to compass For which purpose it was expected by his Majesty that his people in Parliament would in a cause so nearly concerning his and his Childrens interest have chearfully contributed thereunto But the same unfortunately failing his Maâ—esty 〈◊〉 constrained in a case of so great necessity to try the dutiful affections of his â—â—ing Subjects in another way as his Predecessors have done in former times by propounding unto them a voluntary contribution And therefore as your selves have already given a liberal and worthy example which his Majesty doth take in very gratious part so his pleasure is and we do accordingly hereby authorise and require your Lordships as well to countenance and assist the service by your best means in your next Circuits in the several Counties where you hold General Assizes as also now presently with all convenient expedition to call before you all the Officers and Attorneys belonging to any his Majesties Courts of Iustice and also all such others of the Houses and Societies of Court or that otherwise have dependence upon the Law as are meet to be treated withal in this kinde and have not already contributed and to move them to joyn willingly in this contribution in some good measure answerable to that your selves and others have done before us according to their means and fortunes Wherein his Majesty doubteth not but beside the interest of his Children and his own Crown and Dignity the Religion professed by his Majesty and happily flourishing under him within this Kingdom having a great part in the success of this business will be a special motive to incite and perswade them thereunto Nevertheless if any persons shall out of obstinacy or disaffection refuse to contribute herein proportionably to their Estates and Means you are to certifie their names unto this Board And so recommending this service to your best care and endeavor and praying you to return unto us Notes of the names of such as shall contribute and of the sums offered by them We bid c. Letters to the same effect were directed to the High Sheriffs and Justices of Peace of the several Counties and to the Majors and Bailiffs of every City and Town-Corporate within the Kingdom requiring them to summon all of known Abilities within their Jurisdictions and to move them to a chearful contribution according to their Means and Fortunes in some good measure answerable to what others well-affected had done before them And to make choice of meet Collectors of the Moneys and to return a Schedule of the names of such as shall contribute and the sums that are offered by them that his Majesty may take notice of the good inclinations of his Subjects to a cause of such importance as likewise of such others if any such be as out of obstinacy or disaffection shall refuse to contribute About this time George Abbot Archbishop of Canterbury began to fall into disgrace at Court his enemies taking the advantage of a late sad misfortune for shooting at a Deer with a Cross-bow in Bramzil Park he casually killed the Keeper Upon this unhappy accident it was suggested to the King who already disgusted him for opposing the Match with Spain That in regard of his eminent rank in the Church it might administer matter of Scandal which was aggravated by such as aspired unto his place and dignity The Bishop of Lincoln then Lord Keeper informed the Marquess of Buckingham That by the Common Law of England the Archbishops whole estate was forfeited to the King and by the Common Law which is still in force he is made irregular ipso facto and so suspended from all Ecclesiastical Function until he be restored by his Superior which was the Kings Majesty in this rank and order of Ecclesiastical Jurisdiction To adde affliction to the afflicted said he will be against his Majesties nature yet to leave a man of Blood Primate and Patriark of all his Churches is a thing that sounds very harsh in the Old Councils and Cannons and the Papists will not spare to censure it The King made choice of the Lord Keeper the Bishops of London Winton Rochester St. Davids and Exeter Sir Henry Hobart Justice Doderidge Sir Henry Martin
from others but the Graces vouchsafed to them from himself and they were now confident that such potent intercessions having been made with him and all civil jealousies removed he will not onely command a real performance of what is promised but according to his own Loyal heart will enlarge the benefit Furthermore he assured the King That such difficulties as were already spent and were yet to come have been laid hold on by the Cardinals neither to frustrate nor prolong this Treaty but ouâ— of an opinion that otherwise they could not secure their Consciences proceed upon a just and valuable ground and satisfie the judgments of such discreet persons as may in times to come understand the Passages of this great Business So the long solicited Dispensation came from Pope Gregory the Fifteenth to the Court of Spain But whereas it was expected full and absolute it came with a Clog a Clause thrust in of purpose to retard the proceedings That whereas there were certain Articles condiscended unto by the King of England in favor of the Roman Catholicks in his Dominions Caution should be given for the performance of those Concessions The King answered That he could give no other Caution then his own and the Princes Oath exemplified under the Great Seal of England But this would not satisfie unless some Sovereign Catholick Prince would stand engaged for them Hereupon the frame of things was like to fall a sunder and a rumor went that the Prince intended to get away covertly Amidst the heats of this dispute Olivares whither in a humor or good earnest propounded three ways of accomodation The first was That Prince Charls should become Catholick The second That the Infanta should be delivered to him upon the former security without further condition The third was to binde him as fast as they could and not trust him with any thing And of these three ways he said The two former were good but the last was a bad one At length the King of Spain proffered to engage himself by Oath on the behalf of the King and Prince for the performance of the Articles Provided That he first consult with his Ghostly Fathers whither he might do it with a safe Conscience This was a fair contrivance whereby that King might not onely oblige our King and Prince but lay the ground-plot of a fair pretence of War against England if the Roman Catholicks received not satisfaction in the enjoyment of the Freedom promised Besides he would form a party in these Dominions to a Dependance upon his Protection A Iuncto of Divines were called to determine upon the Case and they go very gravely and tediously to work and protract the time almost beyond the bounds of the Princes patience but they conclude at last Affirmatively And in case the King of England fail to execute what was stipulated the King of Spain was to vindicate his Oath and right himself by the Sword Then was the Match declared publickly and the Prince had frequent access to the Infanta yet always in a publick manner and in the Kings presence Whilest these things were forging in Spain there were not wanting such as warned the King and tendred safer Counsels The Archbishop of Canterbury was bold to press him close in this serious Letter May it please Your Majesty I Have been too long silent and am afraid by my silence I have neglected the duty of the place it hath pleased God to call me unto and your Majesty to place me in But now I humbly crave leave I may discharge my Conscience towards God and my duty to your Majesty and therefore I beseech you freely to give me leave to deliver my self and then let your Majesty do with me what you please Your Majesty hath propounded a Toleration of Religion I beseech you take into your consideration what your Act is what the consequence may be By your Act you labor to set up the most Damnable and Heretical Doctrine of the Church of Rome the Whore of Babylon How hateful it will be to God and grievous to your good Subjects the Professors of the Gospel That your Majesty who hath often disputed and learnedly written against those Heresies should now shew your self a Patron of those wicked Doctrines which your Pen hath told the World and your Conscience tells your self are Superstitious Idolatrous and detestable And hereunto I adde what you have done in sending the Prince into Spain without consent of your Council the Privity and Approbation of your People And although you have a Charge and Interest in the Prince as Son of your Flesh yet have the people a greater as Son of the Kingdom upon whom next after your Majesty are their Eyes fixed and welfare depends and so tenderly is his going apprehended as believe it however his return may be safe yet the drawers of him into this Action so dangerous to himself so desperate to the Kingdom will not pass away unquestioned unpunished Besides this Toleration which you endeavor to set up by your Proclamation cannot be done without a Parliament unless your Majesty will let your Subjects see that you will take unto your self ability to throw down the Laws of your Land at your pleasure What dread consequence these things may draw afterward I beseech your Majesty to consider and above all lest by this Toleration and discountenancing of the true Profession of the Gospel wherewith God hath blessed us and this Kingdom hath so long flourished under it your Majesty do not draw upon this Kingdom in general and your self in particular Gods heavy wrath and indignation Thus in discharge of my duty towards God to your Majesty and the place of my Calling I have taken humble leave to deliver my Conscience Now Sir do what you please with me The King would not admit any Motion of drawing back but in going forward he would yield to all demands and was accordingly scrued up to the greatest height So at last the Difficulties in Rome and Spain were all surmounted and then these following Articles Stiled by the Cardinals Propositions for the right Augmentation and Weal of the Roman Catholick Religion were sworn unto by the King Prince and Privy Council I. THat the Marriage be made by Dispensation of the Pope but that to be procured by the endeavor of the King of Spain II. That the Marriage be once onely celebrated in Spain and ratified in England in form following In the Morning after the most Gratious Infanta hath ended her Devotions in the Chappel she and the most Excellent Prince Charls shall meet in the Kings Chappel or in some other Room of the Palace where it shall seem most expedient and there shall be read all the Procurations by vertue whereof the Marriage was celebrated in Spain and as well the most Excellent Prince as the most Excellent Infanta shall ratifie the said Marriage celebrated in Spain with all solemnity necessary for such an Act so
most famous Prince have polished with Learning and Arts of Prudence would assent to the Father of lights illuminating the Christian world We easily apprehend how much it would conduce to the Publick peace that being King of Scotland you should join in one Kingdom those Nations and Islands divided either by the bars of the Mountains or by the depths of the Ocean For your Majesty seems for that very reason to be made Lord of so many Provinces that they might more easily and quickly receive healing and salvation from him whom they obey Wherefore we even then besought God by continual â—rayers who gives salvation to Kings that so many blessings by his grace conferred upon you by which you are admirable in the sight of Potentates might bring safety to Britain and joy to the Church A blessed hope from above not long ago shined upon us when we understood that you were desirous of a Catholick alliance and that the â—ssue which should succeed in the inheritance and government of those Nations might be begotten of a Catholick mother We can scarcely express how much joy Gregory the Fifteenth of blessed memory our Predecessor brought us when he made us one of the Congregation of those Cardinals whom he would have to take cognisance of the English Match While we discoursed of a matter of so great importance we expressed a singular propension of mind towards your Majesty and were both tender of your praises and desirous to provide for your happiness And now being by the consent of the Apostolical Senate advanced to this station where we are to watch and ward for all earthly Monarchs we cannot sufficiently declare what a care and desire we have of Great Britain and the honor of so great a King It seems to have been a special providence of God that the first Letters which we received reigning in the seat of S. Peter were those which the most noble Charls Prince of Wales wrote to our Predecessor as a testimony of his affection to the Popes of Rome And since we now desire that this venerable Marriage should by the blessing of God be perfected we resolved to write unto you without expecting Letters first from you for Charity is the honor of the Papal Empire and although most powerful Kings do homage to us in this seat yet we account it glorious charity so perswading to descend to humble prayers so that we may gain souls to Christ. First therefore we desire you to perswade your self that there is no Prince in the Christian world from whom you can expect more evidence of fatherly affection then from the Pope who desires to embrace you a most desired Son with the arms of Apostolical charity We know with what a Letter Gregory the Fifteenth excited you to obtain so great a glory And since we have succeeded him we will not only imitate his inclinations towards you but will exceed them We hope we shall shortly have news out of England that your Majesty is favorable to the Catholick interest and that the Catholicks who live there whom the Father of mercies hath vindicated into the liberty of the sons of God being freed from the fear of punishment enjoy your Royal protection He who is rich in mercy will reward such a purpose with some signal happiness The Kingdoms of the Earth will applaud your Majesty and the Host of Heaven will wage war for you Though sinners gnash their teeth and Impiety powerful to raise sedition threaten yet Europe hopes she shall see King James triumphing in the Roman Church and increasing the example of his Ancestors by new works of Piety We do not distrust that the time of Gods good pleasure is now at hand when they who recommend to History the praises of the British Religion shall not always speak of the deeds of another Age but may be able to propose the present Government as a pattern of imitation to the Ages following Your Ancestors call upon you who have left you so powerful and so famous an inheritance who believed that the gates of the kingdom of Heaven were opened to mankind with the Popes keyes Certainly it cannot be that your Majesty should dare either to contemn or condemn the belief of so many Ages and the judgment of so many Kings who have deserved well of you Do you not see that by your Majesties opinion they are deprived of Heaven who left you a Kingdom while you contend that they erred in the worship of their Religion By this means it would be that whom the Universal Church believes to be Citizens of Heaven and to reign as Coheirs with Christ in that everlasting Country you who are descended of them should snatch them out of Heaven and thrust them into the bottomless pit of Error and the prison of hellish torments Do you not perceive your bowels yearn at the thought of so ungrateful an offence Are not such deliberations repugnant to your Royal temper which nevertheless so many Nations of Europe are forced to reprehend while it dissents from the Seat of the Apostles Let the splendor of so great glory allure your eyes which looks out of Heaven upon you and reaches you out a hand ready to reduce by your means the Kingdom of Britain into the Sanctuary of God with the conduct of Angels and acclamations of men A long time ago Christian religion lay all along in the world squalid and deformed with anguish affrighted with the threats of Tyrants But that Emperor whom we owe to Great Britain Constantine the Great the Defender of the Popes authority and the Avoucher of the Roman Faith did not only bring her out of her lurking places but called her to an Empire He is a fit pattern of imitation for your Majesty not those Kings who have transgressed and dissipated the Everlasting Covenant We call you O most wished for Son from this Watch-Tower of the World into the Society of his Glory Adde one day to your past years which all posterity may celebrate with a grateful memory Put a Mitre of Eternal Glory upon your head that in the time of your Reign we may say with the Holy Apostle I have seen a new Heaven in Britain and a new City descending from Heaven and a guard of Angels upon her Walls If that should come to pass we shall make reckoning that our Reign hath been happy to mankinde This our Sollicitude we believe will be so grateful unto you That we verily hope upon the receipt of our Letter you will forthwith increase the advantage of the Catholicks which live there Which if you shall do you will exceedingly oblige us and we shall consign to you the King of Kings debtor of so great benefit who so long as he shall preserve your Royal Family in eminent Happiness shall second the wishes of the Roman Church and bring ioy to the holy Prelates Dated at Rome at St. Peters sub annulo Piscatoris 15 Octob. 1623. The first year of our Reign Nobilissimo
express command to Bristol to deliver his thanks to the King of Spain for the high entertainment personal kindness respect and favor received by his Son the Prince who was returned so well satisfied as that he was not able to magnifie it sufficiently And further to let him know That to make a firm and indissoluble union between their Families Nations and Crowns and withal not to abandon his own Honor nor at the same time to give joy to his only Son and to give his onely Daughter her Portion in Tears he had by the advice of that Kings Ambassadors entred into a Treaty for the Restitution of the Palatinate that he always understood and expected that upon the effecting of this Marriage he should obtain the restoring of his Son-in-law both to his Countrey and Dignity and that the Emperor either by sinding out some great Title or by increasing the number of the Electoral Stiles might satisfie the Duke of Bavaria And for these Reasons the King commanded Bristol instantly to procure from that King a punctual Answer touching the course he resolves to take for the restitution of the Palatinate and Electorate and what assurance shall be given for his contentment if the Emperor or Duke of Bavaria should oppose any part of the expected restitution Moreover he gave direction and signified his special desire that the Espousals should be made in one of the Christmas Holidays because that holy and joyful time would best become an action so notable and blessed The Earl of Bristol with the Concurrence of Sir Walter Aston took boldness to demur upon these new Instructions and yet again to represent to his Majesty the state of these affairs they inform him that by deferring the Epousals till Christmas the powers were made altogether useless and invalid there being a Clause in the body of them That they shall remain in force till Christmas and no longer And the suspending of the execution of the powers till the validity of them be expired is an effectual revoking of them Besides the pretexts of this delay are no new but old matters which were often under debate but never insisted on to retard the main business And it will be thought that they should rather have hindered the Grant of these powers then the execution of them being granted Surely a staggering in the former resolutions will be suspected and the clearing thereof between Spain and England will cost much time As concerning the Prince Palatine it was the care of the Spanish Ministers that that business might be well compounded before the Infanta's coming into England For they say that otherwise they might give a Daughter and a War presently follow Besides the Instructions given under his Majesties hand were indeed to insist upon the restoring of the Prince Palatine yet not so to annex it to the Treaty as thereby to hazard the Match For he seemed to be confident that the one would never grow to a conclusion without a setled resolution to effect the other And the Prince and Duke during their being in Spain observed the same course Moreover the Palatinate affairs have relation to many great Princes interessed therein and cannot be ended but by a formal Treaty which will require a great length of time and if the conclusion of the Match should depend thereon the Prince may be long enough unmarried for the advancement of their interest who desire he should so continue or not match with Spain The preparations for the Marriage go on chearfully the Popes Dispensation is hourly expected with an intention to demand the powers immediately and upon what pretext shall they be detained Shall we alledge his Majesties pleasure that the solemnity be performed in the Christmas Holidays But that is impossible for the powers are then expired Shall we urge the restoring of the Palatine This was not made a condition but was treated as a business a part The delay of the Desponsario's will put a scorn upon the Infanta and upon the King of Spain who hath called himself the Infanta's Desponsado And this cannot stand with that exact and honorable dealing which his Majesty hath hitherto used Now upon these Inducements in the result and close of all the Ambassador humbly advised the King to return to the former state of the Treaty and to nominate a day for the delivery of the Proxies and resolved somewhat to protract the time for the receiving of his Majesties further direction Thus did the Earl of Bristol endeavor to restore the business and the better to bring it on Sir Walter Aston labored to reconcile the Duke to Spain by this manner of Insinuation He believed that his Grace was infinitely provoked to be an enemy to this Match and might have many Reasons suggested how much it concerned him to break it with all the force he hath yet he could not believe that the Error of one Man can make him an enemy to that which carries in it so much content to the King and Prince nor that his judgment can be led by these Arguments which under colour of safety would bring him into a dangerous labyrinth For the most prosperous War hath misfortune enough to make the Author of it unhappy and how innocent soever his Grace might be yet the occasions which have been given him will make him liable to such an aspersion But if the Match proceed and take effect he will have the honor thereof and the Infanta being duly informed must needs acknowledge him to be the person unto whom in that behalf she is most obliged But these Motions incensed Buckingham And now having the Prince linked to him he could over-rule the King and bear down all his Adversaries The Prince and the Duke began to take a popular way and to close with those of the Privy Council and the Nobility that were opposite to Spain and best liked of by the Puritan party They projected also the calling of a Parliament to consult the Nation and to clear the Kings integrity and to gain to themselves a great esteem in the hearts of the people And some there were that suggested to the King that the Dukes design was to prevent the Princes Marriage not onely with Spain but any where else that his own greatness might still be absolute For say they were it love to his Countrey that led him to a breach and War with Spain there was as much reason for a breach of the Match and Peace when the Parliament urged it as now there is And they said That the approaching Parliament was to marry the Duke to the Commonwealth that he might stand not onely by the King but by the people and popular humor which of late he hath courted earnestly and so they warned the King to have more special care of his own preservation But the Earl of Bristol was straightly commanded to follow the new Instructions namely before he deliver the Powers or move to the Contract to procure from
to day were presented to them they have put themselves to the Offensive by preparing a strong Fleet which is ready to set sail to the West-Indies to the end they may at least interrupt the peaceable Annual return of the Gold and Silver of those parts by which the House of Austria do continually advance their greatness And this preparation together with their Voyages into the East-Indies will make them irreconcileable to Spain These enterprises were commended to the King as approved by all good men to be a principal means to cast down the fearful power of Spain Onely it was too vaste a design for that little Countrey but if the King were pleased thoroughly to close with them their Affections and constant interest would so binde them to him that he might absolutely dispose of them and by their forces by Sea and Land conjoyned with his own be able to give the Law to Europe And the present state of the Provinces might incite the King to this Conjunction For the last Summer if the Imperialists had joyned with the Spaniards they had undoubtedly made an irruption into the borders of that State and they are like to break in this next year except some notable Turn shall intervene and then our best Link for a Bond of Friendship is broken and those Provinces of a strong Staff will become a broken Reed Such Râ—presentations were made to the Court of England but the Counsels then prevailing were not propense to this Conjunction and Interest although we were then breaking with Spain and the House of Austria About the beginning of December when the Ratification came from the new Pope Bonfires were made throughout all Spain and the great Ordnance thundred out reports of joy And that King to satisfie his Oath made to the Prince of Wales prepared for the Espousals and a day was prefixed and all things appointed for the Solemnity according to the Magnificence of that Court The Infanta's Family was setled her Officers distinguished and the beginning of March was the time for her journey into England From the Princes departure she had applied herself to the learning of the English Tongue The English Ambassadors carried themselves like Subjects towards her as being their Masters Wife or Spouse Many rich presents had she prepared for her future Lord and Husband And the Earl of Bristol had provided many costly Liveries for his Attendants in the Solemnity of the Espousals But all things were instantly discomposed by the opening of the new commands from England to the Earl which were to procure an intire surrender of the Palatinate and Electorate before he move one step further towards the Contract In the Court of Spain there was great resentment of these new delays and they discerned a breach towards The Infanta gave over the study of English and was no more stiled the Princess of England but to the Demands from England the King of Spain replied That if a Treaty be set on foot and the Emperor and Duke of Bavaria will not come to Terms of Conformity he will joyn Arms with England to recover the Palatinate The Spaniards confessing the Demand just but unseasonable professed the Desponsorio's past the Infanta on her knees should have been a Suiter to the King to restore the Palatinate making it thereby her act and drawing the Obligation wholly to her These offers did not satisfie Bristol was called home and all was dashed to peeces It was an amazement to the Christian World that when the Match was brought to such perfection the motion should be rejected by that side which pursued it with so much eagerness and patience as being the master-peece of all their designs In the latter part of this long tedious act the Spaniard appeared real but in the former part their reality was questionable For our parts the business shall remain as we finde it a dark Riddle and Mystery The Earl of Bristol having demurred upon the new Instructions to prevent as he desired the embroiling of the whole Treaty was to make his Apology to the King his Master and for himself he thus pleaded That he understood the Infanta was his yong Masters wife or Spouse at least and that both the King and Prince infinitely desired the Match The powers were drawn by the intervention of both parties the King of Spain accepting them and the Prince legally delivering them and they were deposited with him in trust as the Ambassador of the King of Great Britain with a Publick Declaration how and when he was to deliver them and this was drawn into an Instrument by the Secretary of State According to this state of things he appeals to any Censure which were the more prudent honest and dutiful way whether to put a disgrace upon so great and worthy a Princess who was to be his Masters Wife and a scorn upon the King of Spain by nominating a day for the Marriage when the powers would be expired and not at all to insist upon making good the Publick Trust reposed in him by two so great Monarchs to the hazard and overthrow of so great and important a business or contrariwise to represent to his Majesty the state of things in Truth and Sincerity with his humble opinion of the wrong and disgrace to the Infanta by deferring the Marriage and of the indignity offered to the King of Spain and the danger of the whole Treaty by the detention of the Powers without the pretence of some emergent cause And after all this when his Majesty had declared his pleasure there was ready an exact obedience Wherefore in the confidence of his own innocencie he professeth as great a confidence of his Majesties accustomed grace and favor Bristol being called home acquainted the Conde Olivares with the Letters of Revocation and desired withall to have a day assigned him to take his leave of the King Olivares answered That he had much to say to him by his Majesties order and spake to this effect in the presence of Sir Walter Aston and the Conde Gondomar That the King had received large advertisements with what malice and rancor his Enemies did prosecute him and how powerful they are in England And in regard that the Envy which was drawn upon him proceeded from his earnest endeavors to accomplish the Match and that the particular fault laid to his charge was in point of delivering the Proxies deposited in his hands that his Majesty takes it to heart and judgeth himself touched in his honor if for this cause his Enemies shall prevail so far as to work his ruine or disgrace And therefore he will write to the King of Great Britain and send a particular Ambassador if it be needful to mediate for him for that he had served his Master with that exactness and fidelity which deserved not only to be assisted by all good offices but to be rewarded and published And his Majesty for the example of his own Subjects and for the encouragement
danger of death for want of water to quench his thirst more desired water then I thirst and desire the good and comfortable success of this Parliament and blessing upon your Counsels that the good issue of this may expiate and acquit the fruitless issue of the former And I pray God your Counsels may advance Religion and the Publick weal and the good of me and my Children Feb. 21. The Commons presented Sir Thomas Crew for their Speaker who prayed an Excuse which being denied he made this Speech SInce I cannot bring an Olive-branch in my mouth as a sign of my peace and that God in whose hands are the hearts of Kings without whose providence a sparrow doth not fall to the ground whom no man can resist hath inclined your Majesty to cast your eye of grace on me and to confirm me in this place I am taught in the best School that Obedience is better then Sacrifice And will only say with a learned Father Da Domine quod jubes jube quod vis Otherwise I have great cause to be afraid of such a Charge to be executed before so great a Majesty and in so great an Assembly but that I hope your Majesty will extend your Scepter of grace as Ahashuerus did to sustain me in my fainting Your Majesty is Princeps Haereditarius descended from both the Roses and hath united both the Kingdoms At your first entrance you wrought a wonder in the Tumult of our Cares and Cloud of our Fears happening upon the death of the late Queen by the bright beams of your Sunshine which a Poet elegantly expressed Mira cano sol occubuit nox nulla secuta est There was a David in Hebron and no Ishbosheth to disturb your peaceable entrance but the Acclamations of all your Subjects and Commons concurring to express their great contentment This was no sudden flash of joy but a constant blessing by the continuance of the Gospel and true Religion maugre the malice and hellish invention of those who would have blown up all at once but God laughed them to scorn and they fell into their own trap These things I leave to your Majesties Royal remembrance as a duty to be practised and to be expressed by our thankfulness to our holy God for it is a good thing to be thankfull Non est dignus dandis qui non agit gratias pro datis Since my designment to this place I called to mind these Statutes of late times and find two of especial note The first of 32 H. 8. which was called Parlamentum doctum for the many good Laws made for the setling of Possessions The other 39 Eliz. which by a reverend Divine was called Parlamentum pium because the Subjects thereby were enabled to found Hospitals without Licence of Mortmain or Ad quod damnum And other charitable Laws which I omit being not perpetual And I likewise called to mind many glorious offers made by your Majesty and other good Provisions at the two last Meetings Now your Majesty hath stretch'd forth your Scepter to call us to you again and hath made a Declaration that all jealousies and distractions might be removed and the memory of Parliament-Nullities might be buried And my desire is that your Majesties influence may distill upon us and you proceed in such a sweet harmony and conjunction that Righteousness and Peace may kiss each other and that Mercy and Truth may meet and the World may say Ecce quà m bonum quà m jucundum Regem Populum convenire in unum And for perfecting of this work the good Bills against Monopolies Informers and Concealers may now pass and receive strength with a general liberal and Royal Pardon according to the bounty of the late Queen That so this Parliament may be called Felix Doctum Pium which will be good to your Subjects and no diminution to your Revenue or derogation to your Prerogative which in your Majesties hands is as a Scepter of gold but in others hands is a Rod of iron I need not speak in the praise of the Fundamental Common-Laws Veritas temporis filia Time hath sufficiently justified them Monarchy is the best Government and of Monarchies those which are hereditary The best supply of your Majesties wants is in Parliament where the Subject is bound by his own consent other courses of Benevolence come heavily The Subjects enjoy the Gospel freely by your protection and your Majesty may be safe in their Loyalty Other safeties are but as Ajax his Shield a weight rather then a defence Their desire is that the good Laws for Religion may be confirmed and that the generation of Locusts the Jesuites and Seminary-Priests which were wont to creep in corners and do now come abroad may be by the execution of these good Laws as with an East-wind blown over the Sea Our late Queen Elizabeth lived and died in peace the Pope cursed her but God blessed her And so shall your Majesty having God to your Friend find safety in the Ark of true Religion and when you are old and full of days land you in Heaven And then our hopeful Prince which sprang out of your own loins shall sway that Scepter which you must leave to enjoy a Crown celestial And God in his due time will restore the distressed Princess her Husband and Royal Issue to that Inheritance which is now possessed by the usurping sword of their Enemies Whereof we are the more confident because that Country was heretofore a Sanctuary in our distress when Religion was here persecuted Cato was wont to say Hoc sentio Carthago destruenda est But I say Hoc sentio Palatinatus recuperandus est The question was put to a Lacedemonian Why their City wanted Walls Who answered Concord was their Walls Your Majesty under God is a sole and entire Monarch whose Walls are the Ocean without and fortified within with a Wall of Brass the bond of Unity and Religion And happy is that place of which it may be said as of Ierusalem It is a City at unity within it self Neither is your Government confined within the limits of this Kingdom but extends it self to Ireland where your Majesties care and pains in our late Imploiment gave divers provident Directions for the setting forth of Religion the reforming of Courts of Justice and inflicting punishment on the Disturbers of the Publick peace And I was Ocularis testis that you have made these ample Endowments of Churches out of your own Excheated Revenue as will be to your honor in all posterity But my desire is as well in the beginning as in all other our proceedings our words may be vera pauca ponderosa Therefore with your Gratious Favor according to antient Presidents we are humble Suitors That you would be pleased to allow our antient Priviledges And that for our better Attendance our Persons Goods and necessary Attendants may be free from Arrests and that we may have liberty of free Speech
I deserved better at their hands After this the King purposing to signifie to the King of Spain That his Parliament had advised him to break off the Treaties and to recover the Palatinate by War The notice of a sharp Petition against Popish Recusants framed by the House of Commons and sent up to the Lords for their Concurrence did a little stagger his Resolution as appeareth by the following Letter written with his own hand to Secretary Conway I Doubt not but you have heard what a stinging Petition against the Papists the Lower House have sent to the Higher House this day that they might joyntly present it unto me Ye know my firm resolution not to make this a War of Religion and seeing I would be loth to be Coney-catched by my people I pray you stay the Post that is going to Spain till I meet with my Son who will be here to morrow morning Do it upon pretext of some more Letters ye are to send by him and if he should be gone hasten after him to stay him upon some such pretext and let none living know of this as you love me And before two in the afternoon to morrow you shall without fail hear from me Farewell James R. The Petition which the King called a stinging one was intended to be presented to his Majesty from both Houses in form as followeth May it please your most Excellent Majesty WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled having to our singular Comfort received your Princely Resolution upon our humble Petition to dissolve the two Treaties of the Match and of the Palatinate and having on our parts with all alacrity and readiness humbly offered our assistance to your Majesty to maintain the War which may ensue thereupon Yet withal sensibly finding what Seditious and Traiterous Positions those Incendiaries of Rome and professed Engines of Spain the Priests and Iesuites infuse into your natural born Subjects what numbers they have seduced and do daily seduce to make their dependance on the Pope of Rome and King of Spain contrary to their Allegiance to your Majesty their Liege Lord What daily resort of Priests and Iesuites into your Kingdoms what Concourse of Popish Recusants much more then usual is now in and about the City of London what boldness yea what insolency they have discovered out of the opinion conceived of their foreign Patronage what publick resort to Masses and other Exercises of the Popish Religion in the houses of foreign Ambassadors there is daily to the great grief and offence of your good Subjects what great preparations are made in Spain sit for an Invasion the bent whereof is as probable to be upon some part of your Majesties Dominions as upon any other place what encouragement that may be to your Enemies and the Enemies of your Crown to have a party or but the opinion of a party within your Kingdoms who do daily increase and combine themselves together for that purpose what disheartening of your good and loving Subjects when they shall see more cause of fear from their false-hearted Countreymen at home then from their professed Adversaries abroad what apparent dangers by Gods providence and your Majesties wisdom and goodness they have very lately escaped which the longer continuance upon those Treaties upon such unfitting Conditions fomented by your own ill-affected Subjects would surely have drawn upon your Majesty and your State Do in all humbleness offer unto your sacred Majesty these their humble Petitions following I. That all Iesuites and Seminary Priests and all others having taken Orders by any Authority derived from the Sea of Rome may by your Maiesties Proclamation be commanded forthwith to depart out of this Realm and all other your Highness ' s. Dominions and neither they nor any other to return or come hither again upon peril of the severest penalty of the Laws now in force against them and that all your Majesties Subjects may hereby also be admonished not to receive entertain comfort or conceal any of that viperous brood upon penalties and forfeitures which by the Lawes may be imposed upon them II. That your Majesty would be pleased to give streight and speedy charge to the Iustices of Peace in all parts of this Kingdom that according to the Laws in that behalf made and the Orders taken by your Majesties Privy-Councel heretofore for policy of State they do take from all Popish Recusants legally convicted or justly suspected all such Armor Gunpowder and Munition of any kinde as any of them have either in their own hands or in the hands of any other for them and to see the same safely kept and disposed according to the Law leaving for the necessary defence of their house and persons so much as by the Law is prescribed III. That your Majesty will please to command all Popish Recusants and all other who by any Law or Statute are prohibited to come to the Kings Court forthwith under pain of your heavy displeasure and severe Execution of your Laws against them to retire themselves their wives and families from or about London to their several dwellings or places by your Laws appointed and there to remain confined within five miles of their dwelling places according to the Lawes of this your Realm And for that purpose to discharge all By-past Licences granted unto them for their repair hither And that they presume not any time hereafter to repair to London or within ten miles of London or to the Kings Court or to the Princes Court wheresoever IV. That your Majesty would forbid and restrain the great resort and concourse of your own Subjects for the hearing of Masse or other Exercises of the Romish Religion to the houses of foreign Ambassadors or Agents residing here for the service of their several Princes or States V. That where of late in several Counties in this Realm some have been trusted in the places of Lord-Lieutenants Deputy-Lieutenants Commissioners of Oyer and Terminer Iustices of Peace and Captains of their Countries which are either Popish Recusants or Non-Communicants by the space of a year now last past or which do not usually resort to the Church to Divine service and can bring no good Certificate thereof that your Majesty would be pleased to discharge them from these places of trust by which they have that power in the Countrey where they live as is not fit to be put into the hands of persons so affected VI. That your Majesty would be pleased generally to put the Lawes in due Execution which are made and stand in force against Popish Recusants And that all your Iudges Iustices and Ministers of Iustice to whose care these things are committed may by your Maiesties Proclamation be commanded to do their duty therein VII That seeing we are thus happily delivered from that danger which these Treaties now dissolved and that use which your ill-affected Subiects made thereof would certainly have
with Brick which he intendeth onely for the Beauty and more â—afety of the City therefore he will go through with it and if the Commissioners offend herein let the party aggrieved complain and he will redress it that the form of proceedings used by the Commons in this Parliament is also a grievance unto his Majesty for that they did not call the Commissioners whom they complained of before them touching their complaint against Doctor Aynan his Majesty said their oath of Supremacy forbids them to meddle with Church matters besides they complain against him and never heard him Touching their complaint against the Apothecaries his Majesty protested his care therein to be onely for his peoples health it is dangerous for every one to meddle with Apothecaries ware and the Grocers have a Trade beside His fourth grievance is that Seditious Books are so frequently printed which he will be carefull to prevent hereafter Fifthly for calling in so many Patents appointing the Patentees to wait so many days with their Council and never to hear them wherefore his Majesty warned them to call for no more hereafter unless they first knew them to be grievous to the people and so his Majesty concluded with thanks for the Commons good carriage towards him and his Lords this Session Then the Lord Keeper spake to the particulars of the Speakers Speech and by his Majesties command approved them all alluding the general consent of both Houses to the Septuagint directed by the Holy Ghost and touching the Speakers desire for the Kings assent to the Bills past both Houses he said the royal assent is proper to the Lawgiver and shewed that it is best for the people that this is in his Majesties power and not in themselves for the King knoweth what is best to be granted unto his people as may appear by the Petition that Bathsheba made to King Solomon to give unto Adonijah Abishag to wife which had Solomon granted he had given Adonijah means to usurp the Kingdom contrary to Bathsheba's meaning and such is his Majesties intent this day for such Bills which he will not pass That his Majesty had given his consent to all the Bills of Grace and to the Bill of the continuance of some Statutes and repeal of others so necessary and for the good of the people That his Majesty accepteth in good part their thanks for his general Pardon which he hath so freely granted unto his Subjects but his special command is that those that are in Office do look strictly to the execution of Laws against Recusants the Subsidies his Majesties graciously accepteth and therefore imitates not the Story in Macrobius of one who had all his debts paid and instead of thanks answered mihi nihil though this be given to the Palatinate his Majesty interpreteth it as given to himself and rendreth to you all hearty thanks for the same The Lord Keeper having ended his Speech the Clerk of the Crown stood up and read the title of the Bills passed both Houses and the Clerk of the Parliament read his Majesties Answer to each Bill which being done his Majesty remembred the breaking up of three Parliaments together and the happy conclusion of this Session and puts the Commons again in minde that at their next meeting they do so carry themselves that this Parliament may be as happily continued to the end At the Parliament holden at Westminster by Prorogation the Nineteenth day of February Anno Regis Iacobi Angliae Franciae Hiberniae vicesimo primo Scotiae quinquagesimo septimo These Acts were passed 1. AN Act for making perpetual an Act made Anno 39 Eliz. Entituled An Act for the Erecting of Hospitals and Workhouses for the Poor 2. An Act for the quiet of the Subject against Concealments 3. An Act concerning Monopolies and Dispensations with Penal Laws 4. An Act for ease of the Subjects concerning Informations upon Penal Statutes 5. An Act That Sheriffs their Heirs c. having a Quietus est shall be discharged of their Accompts with the Judges opinion therein 6. An Act concerning Women convicted of small Felonies 7. An Act to repress Drunkenness and to restrain the haunting of Inns c. 8. An Act to punish Abuses in procuring Supersedeas of the Peace out of the Courts at Westminster and to prevent the Abuses in procuring Writs of Certiorari out of the said Courts c. 9. An Act for the Free Trade of Welsh Clothes c. in England and Wales 10. An Act to repeal a Branch of the Statute An. 34 H. 8. Entituled An Act for certain Ordinances in the Kings Dominions and Principality of Wale 11. An Act for Confirmation of a Judgment given for his Majesty in a Scire facias against Henry Heron and for Declaration of the Letters Patents therein mentioned to be void 12. An Act to make perpetual the Act for ease in pleading against troublesom Suits prosecuted against Justices of the Peace Mayors c. 13. An Act for the further reformation of Jeofails 14. An Act to admit the Subject to plead the General Issue in Informations of Intrusion brought on the Kings behalf and to retain his Possession till Trial. 15. An Act to enable Judges and Justices to give restitution of Possession in certain cases 16. An Act for Limitation of Actions and for avoiding of Suits in Law 17. An Act against Usury 18. An Act for the Continuance of a former Statute made 4º Iac. Entituled An Act for the true making of Woollen Clothes 19. An Act for the further Description of a Bankrupt and relief of Creditors against such as shall become Bankrupts and for inflicting of Corporal punishment upon them in some Cases 20. An Act to prevent Swearing and Cursing 21. An Act concerning Hostlers and Inholders 22. An Act explaining a Statute An. 3 4 5 E. 6. concerning the Traders of Butter and Cheese 23. An Act to avoid Delaies by removing of Actions out of Inferior Courts 24. An Act for relief of Creditors against such as die in Execution 25. An Act for relief of Patentees Tenants and Farmers of Crown-Lands and Duchy-Lands 26. An Act against such as shall levy any Fine suffer any Recovery knowledge any Statute Recognisance Bail or Judgment in the name of any person not privy thereunto 27. An Act to prevent the murthering of Bastard-children 28. An Act to continue divers Statutes and repeal others 29. An Act to enable Prince Charls to make Leases of Lands parcel of the Duchy of Cornwal or annexed to the same 30. An Act to assure York-House and other Lands to the King and to assure the Manors of Brighton Santon and other Lands to the Archbishop of York c. 31. An Act for the good Government of the Makers of Knives in Hallam-shire in the County of York 32. An Act to make the Thames Navigable from Bercot to Oxon. 33. An Act for the Subsidies of the Clergy 34. An Act for Three Subsidies Three Fifteens and Tenths granted by the
ours and the Honor his XXIII His sickness at the beginning more grievous then it seemed a sharp melancholy humor set on fire though ushered in by an ordinary Tertian Ague XXIV He was from the beginning of his sickness scarce out of an opinion that he should die and therefore did not suffer the great Affairs of Christendom to move him more then was fit for he thought of his end XXV His devout receiving of the Blessed Sacrament XXVI His Regal Censure of the Moderate Reformation of the Church of England and particularly for the care of retaining of Absolution the comfort of distressed Souls XXVII His continual calling for Prayers with an assured confidence in Christ. XXVIII His death as full of patience as could be found in so strong a death XXIX His Rest no question is in Abrahams Bosome and his Crown changed into a Crown of Glory Another writes thus of that King in the Book entituled the Reign of King Charles IN the stile of the Court he went for Great Britains Solomon nor is it any Excursion beyond the Precincts of Verity to say That neither Britain nor any other Kingdom whatsoever could ever since Solomons days glory in a King for recondite Learning and abstruse Knowledge so near a Match to Solomon as he And though he was an Universal Schollar yet did he make other Sciences their most proper employment but Drudges and Serviteurs to Divinity wherein he became so transcendently eminent as he notoriously foiled the greatest Clerks of the Roman See Nor did his Theological Abilities more advantage the Cause of Religion abroad then at home they keeping the new-fangled Clergy aloof and at distance as not daring to infuse into so solid a Judgment their upstart and erroneous Fancies no nor disquiet the Churches peace with Heterodox Opinions A stout Adversary he was to the Arminians and Semipelagians whom he called as Prosper before him The Enemies of Gods Grace And as slender a Friend to the Presbytery of whose Tyrannical and Antimonarchical Principles he had from his Cradle smart experience He was an excellent Speaker the Scheme of his Oratory being more stately then pedantick and the Expressions argued him both a King and a Schollar In his Apparel and Civil Garb he seemed naturally to affect a Majestick carelesness which was so Hectick so Habitual in him as even in Religious Exercises where the Extern Demeanor is a grand part of that Sacred Homage he was somewhat too incurious and irreverent He was indulgent a little to his Palate and had a smack of the Epicure in Pecuniary Dispensations to his Favorites he was excessive liberal yea though the exigence of his own wants pleaded Retension Studious he was of Peace somewhat overmuch for a King which many imputed to pusillanimity and for certain the thought of War was very terrible unto him whereof there needs no further demonstration then his management of the Cause of the Palatinate For had he had the least scintillation of Animosity or Majestick Indignation would he have so long endured his Son-in-Law exterminated from his Patrimony while the Austrian Faction to his great dishonor cajoled and kept him in delusory Chat with specious fallacies would he in those several Negotiations of Carlisle Bristol Belfast and Weston have trifled away so vast sums the Moity whereof had they been disposed in Military Levies would have Modelled an Army able when Heidelburgh Manheim and Frankendale defended themselves to have totally dissipated all the Forces of the Usurpers to have mastered the Imperious Eagle enforcing her to forego her Quarry and reestated the Palsgrave would he so shamefully have Courted the Alliance of Spain to the very great regret of his Subjects whom his Predecessors had so often baffled and whom England ever found a worse Friend then Enemy What stronger evidence can be given in of a wonderful defect of Courage As this lipothymie this faint-heartedness lost him the reputation and respects of his people so his heavy pressures upon them and undue Levies by Privy Seals and the like alienated their Affections especially considering how those Moneys were mis-employed indeed rather thrown away partly in the two dishonorable Treaties of Spain and Germany and the Consequential Entertainments and partly in Largesses upon his Minion Buckingham Between this disaffection and contempt in his people there was generated a general disposition to turbulent and boisterous Darings and Expostulations even against his Darling Prerogative And though those dismal calamities which befel his Son were doubtless ampliated by a superfetation of Causes yet was their first and main existency derivative from those seminalities Let Court-Pens extol the calmness of his Halcyonian Reign with all artifice of Rhetorick yet can they never deny but that admired Serenity had its set in a Cloud and that he left to his Successor both an empty Purse and a Crown of Thorns Sir Francis Bacon when King Iames was living gave this Character of him WHerefore representing Your Majesty many times unto my minde and beholding you not with the eye of Presumption to discover that which the Scripture tells me is inscrutable but with the observant eye of Duty and Admiration leaving aside the other parts of your Virtue and Fortune I have been touched yea and possessed with an extream wonder at these your Virtues and Faculties which the Philosophers call Intellectuals The largeness of your Capacity the faithfulness of your Memory the swiftness of your Apprehension the penetration of your Judgment and the facility and order of your Elocution And I have then thought that of all the persons living that I have known Your Majesty were the best instance to make a man of Plato's opinion That all Knowledge is but Remembrance and that the Minde of Man by Nature knoweth all things and hath but her own Native and Original Notions which by the strangeness and darkness of the Tabernacles of the Body are sequestred again revived and restored Such a Light of Nature I have observed in your Majesty and such a readiness to take flame and blaze from the least occasion presented or the least spark of anothers Knowledge delivered And as the Scripture saith of the wisest King That his heart was as the Sand of the Sea which though it be one of the largest Bodies yet it consisteth of the smallest and finest Portions So hath God given your Majesty a composition of Understanding admirable being able to compass and comprehend the greatest Matters and nevertheless to touch and apprehend the least wherein it should seem an impossibility in Nature for the same Instrument to make it self fit for great and small Works And for your gift of Speech I call to minde what Cornelius Tacitus saith of Augustus Caesar Augusto prosâ—uens quae Principem deceret Eloquentia fuit For if we mark it well Speech that is uttered with labor and difficulty or Speech that savoreth of the affectation of Arts and Precepts or Speech that is framed after the imitation of some pattern
of your Honors and mine own I must intreat you likewise to consider of the Times we are in how that I must adventure your lives which I should be loth to do should I continue you here long and you must venture the Business if you be slow in your resolutions Wherefore I hope you will take such grave Counsel as you will expedite what you have in hand to do Which will do me and your selves an infinite deal of honor You in shewing your love to me and me that I may perfect that work which my Father hath so happily begun Last of all Because some malicious men may and as I hear have given out that I am not so true a Keeper and Maintainer of the true true Religion that I profess I assure you that I may with S. Paul say that I have been trained up at Gamaliels feet And although I shall be never so arrogant as to assume unto my self the rest I shall so far shew the end of it that all the World may see that none hath been nor ever shall be more desirous to maintain the Religion I profess then I shall be Now because I am unfit for much speaking I mean to bring up the fashion of my Predecessors to have my Lord Keeper speak for me in most things Therefore I have commanded him to speak something unto you at this time which is more for formality then any great matter he hath to say unto you Then the Lord Keeper Coventry declared That the Kings main reason of calling the Parliament besides the beholding of his Subjects faces was to mind them of the great Engagements for the Recovery of the Palatinate imposed on his Majesty by the late King his Father and by themselves who brake off the two Treaties with Spain Also to let them understand That the succeeding Treaties and Alliances the Armies sent into the Low-Countries the repairing of the Forts and the Fortifying of Ireland do all meet in one Centre The Palatinate And that the Subsidies granted the last Parliament are herein already spent whereof the Accompt is ready together with as much more of the Kings own Revenue His Lordship further commended three Circumstances First The Time All Europe being at this day as the Pool of Bethesda the first stirring of the waters must be laid hold on Wherefore his Majesty desires them to bestow this Meeting on him or rather on their Actions and the next shall be theirs as soon and as long as they please for Domestick business Secondly Supply If Subsidies be thought too long and backward his Majesty desires to hear and not to propound the way Thirdly The Issue of Action which being the first doth highly concern his Majesties Honor and Reputation for which he relies upon their Loves with the greatest confidence that ever King had in his Subjects witness his Royal Poesie Amor Civium Regis Munimentum And he doubts not but as soon as he shall be known in Europe to be their King so soon shall they be known to be a loving and loyal Nation to him Iune 21. The Commons presented Sir Thomas Crew Knight and Serjeant at Law for their Speaker who was also Speaker in the last Parliament of King Iames and his Majesty approved the Choice After the House of Commons had setled their General Committees there were various Debates amongst them Some insisted upon the Grievances mentioned but not redressed by King Iames in the last Parliament others pressed for an accompt of the last Subsidies granted for recovery of the Palatinate others for the putting of Laws in execution against Priests and Jesuits and such as resorted to Ambassadors Houses and the questioning of Mr. Richard Montague for his Book intituled An Appeal to Caesar which as they said was contrived and published to put a jealousie between the King and his well-affected Subjects and contained many things contrary to the Articles of Religion established by Parliament and that the whole frame thereof was an encouragement to Popery Others again declared how the King no sooner came to the Crown but he desired to meet his people in Parliament it being the surest way to preserve a right understanding between him and them that since he began to reign the Grievances are few or none and when he was Prince he was observed to be very instrumental in procuring things for the Subjects benefit Wherefore it will be the wisdom of this House to take a course to sweeten all things between King and People and to express their duty to the King by giving Supply and therewith to offer nothing but a Petition for Religion that Religion and Subsidies may go hand in hand And whatsoever they did it was needful to do it quickly considering how greatly the Plague increased and the Bell was tolling every minute while they were speaking The Commons moved the Lords to joyn in a Petition to the King for a Publick Fast whereunto their Lordships readily concurred and the King consenting a Proclamation was issued forth for a Fast throughout the Kingdom Several particular Committees were appointed One to enquire of the Subsidies given the last Parliament another to consider of Tonnage and Poundage The Imposition on Wines was Voted upon the Merchants Petition to be presented as a Grievance Sir Edward Cook went to the House of Peers with a Message from the Commons desiring their concurrence in a Petition concerning Religion and against Recusants which being agreed unto and presented to the King his Majesty answered That he was glad that the Parliament was so forward in Religion and assured them they should finde him as forward that the Petition being long could not be presently answered Mr. Richard Montague was brought to the Bar of the Commons House for his fore-named Book This Cause began in the One and twentieth of King Iames when he had published a former Book which he named A New Gagg for an Old Goose in answer to a Popish Book entituled A Gagg for the New Gospel The business was then questioned in Parliament and committed to the Archbishop of Canterbury and ended in an Admonition given to Montague Afterwards the Bishops of the Arminian Party consulting the Propagation of the Five Articles condemned in the Synod of Dort concluded that Mr. Montague being already engaged in the quarrel should publish this latter Book at first attested by their Joynt-Authorities which afterwards they withdrew by subtilty having procured the Subscription of Doctor Francis White whom they left to appear alone in the Testimony as himself ofttimes complained publickly The Archbishop disallowed the Book and sought to suppress it nevertheless it was Printed and Dedicated unto King Charles whereby that party did endeavor to engage him in the beginning of his Reign The House appointed a Committee to examine the Errors therein and gave the Archbishop thanks for the admonition given to the Author whose Books they Voted to be contrary to the Articles established by
the Seas That therefore there be great care in Choice and admitting Schoolmasters and that the Ordinaries make diligent enquiries of their demeanors and procéed to the removing of such as shall be faulty or justly suspected His Majesties Answer This is well allowed of And for the better performance of what is desired Letters shall be written to the two Archbishops and from them Letters to go to all the Ordinaries of their several Provinces to see this done the several Ordinaries to give accompt of their doings herein to the Archbishops respectively and they to give accompt to his Majesty of their proceedings herein II. That the antient Discipline of the Universities be restored being the famous Nurseries of Literature and Uertue Answ. This is approved by his Majesty and the Chancellor of each University shall be required to cause due execution of it III. That special care be taken to enlarge the Word of God throughout all the parts of your Majesties Dominions as being the most powerful means for planting of true Religion and rooting out of the contrary To which end among other things let it please your Majesty to advise your Bishops by Fatherly intreaty and tender usage to reduce to the peaceable and orderly service of the Church such able Ministers as have been formerly silenced that there may be a profitable use of their Ministry in these needful and dangerous times And that Nonresidencie Pluralities and Commendams may be moderated Where we cannot forbear most humbly to thank your Majesty for diminishing the number of your own Chaplains not doubting of the like Princely care for the well-bestowing of the rest of your Benefices both to the comfort of the people and the encouragement of the Universities being full of grave and able Ministers unfurnished of Livings Answ. This his Majesty likes well so as it be applied to such Ministers as are peaceable orderly and conformable to the Church-Government For Pluralities and Nonresidencies they are now so moderated that the Archbishops affirm there be now no Dispensations for Pluralities granted nor no man now is allowed above two Benefices and those not above thirty miles distant And for avoiding Non-residence the Canon in that case provided shall be duly put in execution For Commendams they shall be sparingly granted only in such case where the exility and smalness of the Bishoprick requireth Also his Majesty will cause that the Benefices belonging to him shall be well bestowed And for the better propagating of Religion his Majesty recommendeth to the House of Parliament that care may be taken and provision made That every Parish shall allow a competent maintenance for an able Minister And that the Owners of Parsonages Impropriate would allow to the Vicars Curates and Ministers in Villages and places belonging to their Parsonage sufficient Stipend and Allowance for Preaching Ministers IV. That there may be strict provision against transporting of English Children to the Seminaries beyond the Seas and for the recalling of them who are already there placed and for the punishment of such your Subjects as are Maintainers of those Seminaries or of the Scholars considering that besides the seducing of your people great sums of money are yearly expended upon them to the impoverishing of this Kingdom Answ. The Law in this case shall be put in execution And further there shall be Letters written to the Lord Treasurer and also to the Lord Admiral That all the Ports of this Realm and the Creeks and Members thereof be strictly kept and strait Searches made to this end A Proclamation shall be to recall both the Children of Noblemen and the Children of any other men and they to return by a day Also Maintainers of Seminaries or Scholars there shall be punished according to Law V. That no Popish Recusant be permitted to come within the Court unless your Majesty be pleased to call him upon special occasion agreeable to the Statute of 3 Jac. And whereas your Majesty for the preventing of apparent mischiefs both to your Majesty and the State hath in your Princely wisdom taken order that none of your natural born Subjects not professing the true Religion and by Law established be admitted into the service of your Royal Consort the Queen We give your Majesty most humble thanks and desire that your Order herein may be observed Answ. If his Majesty shall find or be informed of any Concourse of Recusants to the Court the Law shall be strictly followed And his Majesty is pleased that by Proclamation the British and the Irish Subjects shall be put in the same case And as his Majesty hath provided in his Treaty with France so his purpose is to keep it That none of his Subjects shall be admitted into his service or into the service of his Royal Consort the Queen that are Popish Recusants VI. That all the Laws now standing in force against Iesuites Seminary-Priests and others having taken Orders by Authority derived from the Sea of Rome be put in due execution And to the intent they may not pretend to be surprised That a spéedy and certain Day be prefixed by your Majesties Proclamation for their departure out of this Realm and all other your Dominions and not to return upon the severest Penalties of the Law now in force against them And that all your Majesties Subjects may be thereby admonished not to receive comfort entertain or conceal any of them upon the Penalties which may be lawfully inflicted And that all such Papists Iesuites and Recusants who are and shall be imprisoned for Recusancie or any other cause may be so strictly restrained as that none shall have conference with them thereby to avoid the contagion of their corrupt Religion And that no man who shall be suspected of Popery be suffered to be a Kéeper of any of your Majesties Prisons Answ. The Law in this case shall be put in execution and a Proclamation shall be to the effect desired And such Restraint shall be made as is desired And no man that is justly suspected of Popery shall be suffered to be Keeper of any his Majesties Prisons VII That your Majesty be pleased to take such Order as to your Princely wisdom shall be expedient That no natural born Subject or strange Bishops nor any other by authority from the Sea of Rome confer any Ecclesiastical Orders to exercise any Ecclesiastical Function whatsoever toward or upon your Majesties natural Subjects within your Dominions Answ. This is fit to be ordered according as is provided And it shall be so published by Proclamation VIII That your Majesties Learned Council may receive Order and commandment to consider of all former Grants of Recusants lands that such of them may be avoided as are made to the Recusants use or interest out of which the Recusant receiveth any benefit which are either void or voidable by they Law Answ. The King will give order to his Learned Council to consider of the Grants and will do according as is desired IX That your
Citizens and Burgesses of the House of Commons you are here assembled by his Majesties Writs and Royal Authority to hold a new Parliament the general Antient and Powerful Councel of this Renowned Kingdom whereof if we consider aright and think of that incomparable distance between the Supream height and majesty of a Mighty Monarch and the submissive aw and lowliness of a Loyal Subject We cannot but receive exceeding comfort and contentment in the frame and constitution of this Highest Court wherein not onely the Prelates Nobles and Grandees but the Commons of all degrees have their part and wherein that high Majesty doth descend to admit or rather to invite the humblest of his Subjects to Conference and Council with him of the great weighty and difficult Affairs of the King and Kingdom A benefit and favor whereof we cannot be too sensible and thankful for sure I am that all good hearts would be both sensible and sorrowful if we did want it And therefore it behooveth all with united hearts and mindes free from distraction and diversion to fix their thoughts upon Counsels and Consultations worthy of such an Assembly remembring That in it is presented the Majesty and Greatneâ—s the Authority and Power the Wisdom and Knowledge of this great and famous Nation and it behooveth us to magnifie and bless God that hath put the power of Assembling Parliaments in the hands of him the vertue of whose person doth strive with the greatness of his Princely Lineage and Descent whether he should be accounted Major or Melior a greater King or a better Man and of whom you have had so much tryal and experience That he doth as affectionately love as he doth exactly know and understand the true use of Parliaments witness his daily and unwearied Access to this House before his Access to the Crown his gratious readiness to all Conferences of Importance his frequent and effectual Intercession to his Blessed Father of never dying Memory for the good of the Kingdom with so happy success That both this and future generations shall feel it and have cause to rejoyce at the success of his Majesties Intercession And when the Royal Diadem descended upon himself presently in the midst of his Tears and Sighs for the departure of his most Dear and Royal Father in the very first Consultation with his Privy Council was resolved to meet his People in Parliament And no sooner did the heavy hand of that Destroying Angel forbear those deadly strokes which for some time did make this place inaccessible but his Majesty presently resolved to recal it and hath now brought you together and in a happy time I trust to treat and consult with uniform Desires and united Affections of those things that concern the general good And now being thus Assembled his Majesty hath commanded me to let you know that his Love and Affection to the Publick moved him to call this Parliament and looking into the danger and the spreading of that late Mortality and weighing the multitude of his Majesties pressing occasions and urging affairs of State both at home and abroad much importing the safety and state of this Kingdom the same affection that moved him to call it doth forbid him to prolong the sitting of this Parliament And therefore his Majesty resolving to confine this meeting to a short time hath confined me to a short Errand and that is That as a thing most agreeable to the Kingly Office to the example of the best times and to the frame of Modern Affairs his Majesty hath called you together to consult and to advise of provident and good Laws profitable for the Publick and fitting for the present times and actions for upon such depends the assurance of Religion and of Justice which are the surest Pillars and Buttresses of all good Government in a Kingdom For his Majesty doth consider that the Royal Throne on which God out of his Mercy to us hath set him is the Fountain of all Justice and that good Laws are the Streams and Quits by which the benefit and use of this Fountain is dispersed to his people And it is his Majesties care and study that his people may see with comfort and joy of heart that this Fountain is not dry but they and their Posterity may rest assured and confident in his time to receive as ample benefit from this Fountain by his Majesties Mercy and Justice as ever Subjects did in the time of the most eminent Princes amongst his Noble Progenitors wherein as his Majesty shews himself most sensible of the good of the Publick so were it an injury to this great and honorable Assembly if it should be but doubted that they shall not be as sensible of any thing that may adde to his Majesties honor which cannot but receive a high degree of Love and Affection if his Majesty succeeding so many Religious Wise and Renowned Princes should begin his Reign with some Additions unto those good Laws which their happy and glorious times have afforded And this his Majesty hath caused me to desire at this time especially above others for his Majesty having at his Royal Coronation lately solemnized the Sacred Rites of that Blessed Marriage between his people and him and therein by a most holy Oath vowed the Protection of the Laws and Maintenance of Peace both to Church and People no time can be so fit for his Majesty to advise and consult at large with his people as this present time wherein so lately his Majesty hath vowed Protection to his People and they have protested their Alleagiance and Service to him This is the sum of that charge which I have received from his Majesty to deliver unto you wherein you see his Majesties intent to the Publick And therefore his desire is That according to that conveniency of time which his Affairs may afford you will apply your selves to dispatch the business of this Parliament The Wednesday following the Commons presented Sir Hennage Finch Knight Serjeant at Law and Recorder of London for their Speaker who having made the accustomed Excuses and acknowledged his Majesties Approbation made this Speech SInce it hath pleased your Majesty not to admit my humble Excuse but by your Royal Approbation to crown this Election after my heart and hands first lifted up to God that hath thus inclined your Royal Heart I do render my humblest thanks to your Majesty who are pleased to cast so gratious an eye upon so mean a Subject and to descend so low as in a service of this Importance to take me into your Princely Thoughts And since we all stand for Hundreds and Thousands for Figures and Cyphers as your Majesty the Supream and Soveraign Auditor shall please to place and value us and like Coyn to pass are made currant by your Royal Stamp and Impression onely I shall neither disable nor under-value my self but with a faithful and chearful heart apply my self with the best of my strength and abilities
State when they were none Recovered Henry the Fourth of France his Kingdom when he had nothing left but the Town of Diep Conquered the Invincible Navy of Spain in Anno 1588. Took Towns in Portugal the Year following and marched One hundred miles upon the Firm ground Fired or brought away the Spanish Navy before Cadiz and sack'd the Town took the Spanish ships daily and spoiled the Port-Towns of the West-Indies never losing but one ship during the Spanish War reducing the Condition of that King from a Fifth Monarchy to so low an Ebb that in one Year he paid Two thousand five hundred Millions of Duckets for Interest so as after he was enforced to beg Treaties of Peace and low Terms at the last Queen-Regents hands III. The Cause of the good Success then A Carriage and readiness to assist their Soveraign in purse and person A Wisdom and Gravity of Council who ordered nothing but by publick Debate and then assisted with the Military Professors either by Land or Sea of the best repute and such only imployed IV. In what Condition we now stand By the loss of Reputation by the ill success in the Voyage for Algier in the Palatinate in the Expedition with Mansfield in the last to Cadiz The Reasons are The uncheerfulness we have either to adventure our purses or persons occasioned by a distrust we have of the success the want of the like Courses and Councils that were formerly used It was wished that for every of the Four Heads there were a particular Committee to examine and prepare a Report for the Houses and the House upon every Report to put it self into a Committee of the whole Assembly and after a full and deliberate Debate to order a Model or Form for a Conference with the Lords and so together humbly to present to his Majesty a Remonstrance of their Labor offering withall a second Consultation and Debate amongst themselves for finding out the fittest means both for the defence of the State and our Allies Reformation of the Errors and a constant way to raise such Supplies as may enable his Majesty to proceed cheerfully and as they hoped assuredly in this his glorious Action not only for himself and State but all that profess the same Religion and are like to be overwhelmed in the Ambition of the Spanish Monarchy Also a Committee was named concerning Religion and the Growth oâ— Popery and Montague's Appeal to Caesar was again brought in question This Book the Commons referred to the Committee for Religion from whom Mr. Pym Reported to the House the several Erroneous Opâ—nions therein contained and the House passed their Votes thereupon That Mr. Montague endeavored to reconcile England to Rome and to alienate the Kings affections from his well-affected Subjects The Articles exhibited against him were these Articles exhibited by the Commons against Richard Montague Clerk THat he the said Richard Montague in or about the 21. year of the Reign of our late Soveraign Lord King Iames of famous memory hath caused to be Printed and in his name to be Published one Book called An Answer to the late Gagg of Protestants and in or about Anno 22. of the same King he caused to be Printed and Published one other Book Entituled A Treatise of the Invocations of Saints and likewise in the First year of his Majesties Reign that now is he procured to be Printed and in his name to be Published another Book Entituled An Appeal to Caesar In every of which Books he hath maintained and confirmed some Doctrine contrary or repugnant to the Articles agreed by the Archbishops and Bishops of both Provinces and the whole Clergy holden in the Convocation at London Anno Domini 1562. according to the computation of the Church of England for avoiding Diversity of Opinions and for establishing Consent touching true Religion All which appears in the places hereafter mentioned and in divers other places and passages of the same Books And by his so doing hath broken the Laws and Statutes of this Realm in that Case provided and very much disturbed both the Peace of Church and Commonwealth I. Whereas in the Five and thirtieth Article of the Articles aforementioned it is declared That the Second Book of Homilies doth contain a Godly and wholesom Doctrine in the sixteenth Homily of which Book it is determined That the Church of Rome as it is at present and hath been for the space of Nine hundred years and odd is so far wide from the nature of a True Church that nothing can be more He the said Richard Montague in several places of his said Book called The Answer to the Gagg and in his other Book called The Appeal doth advisedly maintain and affirm That the Church of Rome is and ever was a True Church since it was a Church II. Whereas in the same Homily it is likewise declared That the Church of Rome is not built upon the Foundation of the Prophets and Apostles and in the Eight and twentieth Article of the said Articles That Transubstantiation overthroweth the nature of a Sacrament and in the Five and twentieth of the same Article That five other reputed Sacraments of the Church of Rome are not to be accounted Sacraments yet contrary and repugnant hereunto he the said Richard Montague doth maintain and affirm in his Book aforesaid called The Answer to the Gagg That the Church of Rome hath ever remained firm upon the same Foundation of Sacraments and Doctrine instituted by God III. In the nineteenth of the same Article it is further determined That the Church of Rome hath erred not onely in their living and matters of Ceremony but also in matters of Faith He the said Richard Montague speaking of those Points which belong to Faith and good manners Hope and Charity doth in the said Book called The Gagg affirm and maintain That none of these are controverted in their Points meaning the Protestants and Papists and notwithstanding that in the One and thirtieth Article it is resolved That the Sacrifice of Masses in which as it is commonly said the Priest did offer Christ for the Quick and the Dead to have remission of Pain and Guilt too is a Blasphemous Fable and dangerous Deceit this being one of the Points controverted between the Church of England and the Church of Rome The said Richard Montague in his Book called The Gagg doth affirm and maintain That the controverted Points are of a lesser and inferior nature of which a man may be ignorant without any danger of his Soul at all a man may resolve to oppose this or that without peril of perishing for ever IV. Whereas in the second Homily Entituled Against Peril of Idolatry contained in the aforesaid Book of Homilies approved by the Seven and thirtieth mrticle aforementioned It is declared That Images teach no good Lesson neither of God nor Godliness but all Error and Wickedness He the said Richard Montague in the Book of Gagg aforesaid doth affirm and maintain
That Images may be used for the instruction of the Ignorant and excitation of Devotion V. That in the same Homily it is plainly expressed That the attributing the defence of certain Countries to Saints is a spoiling God of his honor and that such Saints are but Dii tutelares of the Gentiles Idolators The said Richard Montague hath notwithstanding in his said Book Entituled A Treatise concerning the Invocation of Saints affirmed and maintained That Saints have not onely a Memory but a more peculiar Charge of their Friends and that it may be admitted That some Saints have a peculiar Patronage Custody Protection and Power as Angels also have over certain Persons and Countries by special deputation and that it is no impiety so to believe Whereas in the seventeenth of the said Articles it is resolved That God hath certianly Decreed by his Counsel secret to us to deliver from Curse and Damnation those whom he hath chosen in Christ out of mankinde and to bring them by Christ to everlasting Salvation wherefore they which be endued with so excellent a benefit of God be called according to Gods purpose working in due season they through Grace obey the Calling they be justified freely walk Religiously in good works and at length by Gods mercy attain to everlasting felicity He the said Richard Montague in the said Book called The Appeal doth maintain and affirm That men justified may fall away and depart from the state which once they had they may arise Again and become new men possibly but not certainly nor necessarily and the better to countenance this his opinion he hath in the same Book wilfully added falsified and charged divers words of the sixteenth of the Articles before mentioned and divers other words both in the Book of Homilies and in the Book of Common-Prayer and so misrecited and changed the said places he doth alleadge in the said Book called The Appeal endeavouring thereby to lay a most wicked and malicious scandal upon the Church of England as if he did herein differ from the Reformed Churches of England and from the Reformed Churches beyond the Seas and did consent to those pernitious Errors which are commonly called Arminianism and which the late famous Queen Elizabeth and King Iames of happy memory did so piously and diligently labour to suppress That the said Richard Montague contrary to his Duty and Allegiance hath endeavored to raise great Factions and Divisions in this Common-wealth by casting the odious and scandalous name of Puritans upon such his Majesties loving Subjects as conform themselves to the Doctrine and Ceremony of the Church of England under that name laying upon them divers false and malicious Imputations so to bring them into jealousie and displeasure with his most Excellent Majesty and into reproach and ignominy with the rest of the people to the great danger of Sedition and Disturbance in the State if it be not timely prevented That the Scope and end of the said Richard Montague in the Books before mentioned is to give encouragement to Popery and to withdraw his Majesties Subjects from the true Religion established to the Roman Superstition and consequently to be reconciled to the Sea of Rome All which he laboreth by subtile and cunning ways whereby Gods True Religion hath been much scandalized those Mischiefs introduced which the wisdom of many Laws hath endeavored to prevent the Devices and Practices of his Majesties Enemies have been furthered and advanced to the great peril and hazard of our Soveraign Lord the King and of all his Dominions and loving Subjects That the said Richard Montague hath inserted into the said Book called The Appeal divers passages dishonorable to the late King his Majesties Father of famous memory full of bitterness railing and injurious Speeches to other persons disgracefull and contemptible to many worthy Divines both of this Kingdom and of other Reformed Churches beyond the Seas impious and profane in scoffing at preaching meditating and conferring Pulpits Lectures Bible and all shew of Religion all which do aggravate his former Offences having proceeded from malicious and envenomed heat against the Peace of the Church and the sincerity of the Reformed Religion publickly professed and by Law established in this Kingdom All which Offences being to the dishonor of God and of most mischievous effect and consequence against the good of this Church and Commonwealth of England and of other his Majesties Realms and Dominions The Commons assembled in Parliament do hereby pray That the said Richard Montague may be punished according to his Demerits in such exemplary manner as may deter others from attempting so presumptuously to disturb the Peace of Church and State and that the Book aforesaid may be suppressed and Burnt Whether an Answer was made to these Articles by Mr Montague we cannot tell for upon search we can finde none About the same time his Majesty being informed that there was great liberty taken by divers of his Subjects to resort to the hearing of Masse at Durham-house in the Lodgings of a Foraign Ambassodor the Privy Council taking notice thereof and accounting it scandalous to this Church and of ill example to be suffered at any time but much more in this time of Parliament required the Bishop of Durham to apprehend such of his Majesties Subjects as should be present at the Masse and to commit them to Prison There was also a Letter sent from the Attorney-General to the Judges of the Circuits to direct their Proceedings against Recusants to this effect THat their Lordships will not omit to publish the Kings Gracious and Religious Determination to go on really and constantly in this way and that out of his bounty and goodness he hath published his Resolution under the Great Seal of England That whatsoever Revenue or Benefit shall arise hereby from Purses of Popish Recusants shall be set apart from his own Treasure and be wholly imployed for the Service of the Commonwealth and shall not be dispensed with to any of what degree soever nor diverted by any the Suits of his Servants or Subjects 2. That their Lordships will be pleased at their first coming into every County within their Circuit to command the Clerk of Assise and Clerk of the Peace to be carefull for the Indictment of Popish Recusants without respect of Persons of what Degree of Honor or Office soever and that they neither make nor suffer to be made any omission or mistaking in their Indictment or other proceedings and that the next Term within ten dayes of the beginning of the Term they give or send to him viz. the Attorney a note in writing who stand indicted of new and that they fail not to certifie the Recusants convicted into the Exchequer by that time That at their Lordships first coming into the County they call the Iustices of Peace then present and the Grand-Iury men to give their Lordships true Information of the Recusants of any Note or Name in that Country and that
as of the common Cause we shall not need to tell them with what care and patience we have in the middest of our Necessities attended their Resolutions but because their unseasonable slowness may produce at home as ill effects as a Denial and hazard the whole Estate of things abroad we have thought fit by you the Speaker to let them know that without more loss of time we look for a full and perfect Answer of what they will give for our Supply according to our expectation and their promises wherein as we press for nothing beyond the present state and condition of our Subjects so we accept no less then is proportionable to the greatness and goodness of the Cause neither do we press them to a present Resolution in this with a purpose to precipitate their Counsels much less to enter upon their Priviledges but to shew that it is unfit to depend any longer upon uncertainties whereby the whole weight of the Affairs of Christendom may break in upon us upon the sudden to our dishonor and the shame of this Nation And for the business at home we command you to promise them in our Name that after they have satisfied us in this our reasonable Demand we shall not onely continue them together at this time so long as the season will permit but call them shortly again to perfect those necessary businesses which shall be now left undone and now we shall willingly apply â—it and seasonable remedies to such just Grievances which they shall present unto us in a dutifull and mannerly way without throwing an ill odor upon our present Government or upon the Government of our late blessed Father and if there be yet who desire to finde fault we shall think him the wisest reprehendor of errors past who without reflecting backward can give us counsel how to settle the present estate of things and to provide for the future safety and honor of the Kingdom The Heads of Sir Richard Westons Message for drawing a more speedy resolution from the House besides that formerly understood concerning the King of Denmark Count Mansfield and his Majesties Army in the Low-Countries were these I. THat his Majesties Fleet being returned and the victuals spent the men must of necessity be discharged and their wages paid or else an assured mutiny will follow which may be many wayes dangerous at this time II. That his Majesty hath made ready about forty ships to be set forth on a second voyage to hinder the Enemy which want onely victuals and some men which without present supply of money cannot be set forth and kept together III. That the Army which is appointed in every Coast must presently be disbanded if they be not presently supplied with victuals and clothes IV. That if the Companies of Ireland lately sent thither be not provided for instead of defending that Country they will prove the Authors of Rebellion V. That the season of providing healthfull victuals will be past if this Moneth be neglected And therefore his Majesty commanded me to tell you that he desired to know without futher delaying of time what supply you will give him for these his present occasions that he may accordingly frame his course and counsel Which Message produced this Answer from the Commons Most gracious Soveraign YOur Majesties Dutifull and Loyal Subjects the Commons now assembled in Parliament in all humility present unto your Royal wisdom this their Loyal Answer to the Message which your Majesty was pleased by the Chancellor of your Exchequer to send unto them desiring to know without any further deferring of time what Supply they would give to your Majesty for your present and extraordinary occasions that you might accordingly frame your Courses and Counsels First of all they most humbly beseech your Majesty to know and rest assured That no King was ever dearer to his people then your Majesty no people more zealous to maintain and advance the Honor and Greatness of their King then they which as upon all occasions they shall be ready to express so especially in the Support of that Cause wherein your Majesty and your Allies are now justly engaged And because they cannot doubt but your Majesty in your great wisdom even out of Justice and according to the Example of your most famous Predecessors will be pleased graciously to accept the faithfull and necessary Information and Advice of your Parliament which can have no end but the service of your Majesty and safety of your Realm in discovering the Causes and proposing the Remedies of these great Evils which have occasioned your Majesties Wants and your Peoples Grief They therefore in confidence and full assurance of Redress therein do with one consent propose though in former time such Course hath been unused that they really intend to assist and supply your Majesty in such a way and in so ample a measure as may make you safe at home and feared abroad for the dispatch whereof they will use such diligence as your Majesties pressing and present occasions shall require His Majesty makes this Reply to the Commons Answer Mr Speaker THe Answer of the Commons delivered by you I like well of and do take it for a full and satisfactory Answer and I thank them for it and I hope you will with all Expedition take a Course for performance thereof the which will turn to your own good as well as mine but for your Clause therein of presenting of Grievances I take that but for a Parenthesis in your Speech and not a Condition and yet for answer to that part I will tell you I will be as willing to hear your Grievances as my Predecessors have been so that you will apply your selves to redress Grievances and not to enquire after Grievances I must let you know that I will not allow any of my Servants to be questioned amongst you much less such as are of eminent place and neer unto me The old question was What shall be done to the man whom the King will honor but now it hath been the labor of some to seek what may be done against him whom the King thinks fit to honor I see you specially aim at the Duke of Buckingham I wonder what hath so altered your affections towards him I do well remember that in the last Parliament in my Fathers time when he was an Instrument to break the Treaties all of you and yet I cannot say all for I know some of you are changed but yet the House of Commons is alwayes the same did so much honor and respect him that all the honor conferred on him was too little and what he hath done since to alter or change your mindes I wot not but can assure you he hath not medled or done any thing concerning the Publick or Commonwealth but by special directions and appointment and as my Servant and is so far from gaining or improving his Estate thereby that I verily think he hath rather
presented to and answered by the King And the Commons the same day resumed the Debate again concerning the Duke and Misgovernment and Misimployment of the Revenue c. Ordered the Duke to have notice again thereof The next day the King sent a Message to the House of Commons That they do to morrow at Nine of the clock attend his Majesty in the Hall at Whitehall and in the mean time all Proceedings in the House and Committee to cease Where his Majesty made this ensuing Speech My Lords and Gentlemen I Have called you hither to day I mean both Houses of Parliament but it is for several and distinct reasons My Lords you of the Upper House to give you thanks for the Care of the State of the Kingdom now and not only for the Care of your own Proceedings but for inciting your Fellow-House of the Commons to take that into their consideration Therefore my Lords I must not only give you thanks but I must also avow that if this Parliament do not redound to the good of this Kingdom which I pray God it may it is not your faults And you Gentlemen of the House of Commons I am sorry that I may not justly give the same thanks to you but that I must tell you that I am come here to shew you your errors and as I may call it Unparliamentary proceedings in this Parliament But I do not despair because you shall see your faults so cleerly by the Lord Keeper that you may so amend your Proceeding that this Parliament shall end comfortably and happily though at the beginning it hath had some rubs Then the Lord Keeper by the Kings command spake next MY Lords and you the Knights Citizens and Burgesses of the House of Commons You are here assembled by his Majesties commandment to receive a Declaration of his Royal pleasure which although it be intended only to the House of Commons yet his Majesty hath thought meet the matter being of great weight and importance it should be delivered in the presence of both Houses and both Houses make one General Council And his Majesty is willing that the Lords should be Witnesses of the Honor and Justice of his Resolutions And therefore the Errand which by his Majesties direction I must deliver hath relation to the House of Commons I must address my self therefore to you Mr. Speaker and the rest of that House And first his Majesty would have you to understand That there was never any King more loving to his People or better affectioned to the right use of Parliaments then his Majesty hath approved himself to be not only by his long patience since the sitting down of this Parliament but by those mild and calm Directions which from time to time that House hath received by Message and Letter and from his Royal mouth when the irregular humors of some particular persons wrought diversions and distractions there to the disturbance of those great and weighty Affairs which the Necessity of the Times the honor and safety of the King and Kingdom called upon And therefore his Majesty doth assure you that when these great Affairs are setled and that his Majesty hath received satisfaction of his reasonable Demands he will as a just King hear and answer your just Grievances which in a dutiful way shall be presented unto him and this his Majesty doth avow Next his Majesty would have you know of a surety That as never any King was more loving to his People nor better affectioned to the right use of Parliaments so never King more jealous of his Honor nor more sensible of the neglect and contempt of his Royal Rights which his Majesty will by no means suffer to be violated by any pretended colour of Parliamentary Liberty wherein his Majesty doth not forget that the Parliament is his Council and therefore ought to have the liberty of a Council but his Majesty understands the difference betwixt Council and Controlling and between Liberty and the Abuse of Liberty This being set down in general his Majesty hath commanded me to relate some particular passages and proceedings whereat he finds himself agrieved First Whereas a seditious speech was uttered amongst you by Mr. Cook the House did not as they ought to do censure and correct him And when his Majesty understanding it did by a Message by Mr. Chancellor of the Exchequer delivered to the House require Justice of you his Majesty hath since found nothing but protracting and delaies This his Majesty holds not agreeable to the wisdom and the duty which he expected from the House of Commons Secondly Whereas Doctor Turner in a strange Unparliamentary way without any ground of knowledge in himself or offering any particular proof to the House did take upon him to advise the House to enquire upon sundry Articles against the Duke of Buckingham as he pretended but in truth to wound the Honor and Government of his Majesty and of his renowned Father And his Majesty first by a Message and after by his own Royal mouth did declare That that Course of Enquiry was an Example which by no way he could suffer though it were against his meanest Servant much less against one so neer him and that his Majesty did much wonder at the foolish insolencie of any man that can think that his Majesty should be drawn out of any end to offer such a Sacrifice so unworthy of a King or a good Master Yet for all this you have been so far from correcting the Insolencie of Turner that ever since that time your Committees have walked in the steps of Turner and proceeded in an Unparliamentary Inquisition running upon generals and repeating that whereof you have made Fame the groundwork Here his Majesty hath cause to be exceeding sensible that upon every particular he finds the Honor of his Father stained and blemished and his own no less and withal you have manifested a great forwardness rather to pluck out of his bosom those who are neer about him and whom his Majesty hath cause to affect then to trust his Majesty with the future reformation of these things which you seem to aim at And yet you cannot deny but his Majesty hath wrought a greater Reformation in matters of Religion Execution of the Laws and concerning things of great importance then the shortness of his Reign in which he hath been hindred partly through sickness and the distraction of things which we could have wished had been otherwise could produce Concerning the Duke of Buckingham his Majesty hath commanded me to tell you That himself doth better know then any man living the sincerity of the Dukes proceedings with what cautions of weight and discretion he hath been guided in his publick Imployments from his Majesty and his blessed Father what Enemies he hath procured at home and abroad what peril of his person and hazard of his estate he ran into for the service of his Majesty and his ever blessed Father and how
whether for the clearing of your Innocency whereof your self and your friends and followers are so confident you will be content to wave the advantage of that Pardon and put your self into a legal way of Examination for the Tryal thereof His Majesties purpose thereby is not to prevent you of any favors the Law hath given you but if your Assurance be such as your words and Letters import he conceives it stands not with that Publick and resolute Profession of your Integrity to decline your Tryal His Majesty leaves the choice to your self and requires from you a direct Answer without circumlocution or bargaining with him for future Favors beforehand but if you have a desire to make use of that Pardon which cannot be denied you nor is any way desired to be taken from you his Majesty expects you should at the least forbear to magnifie your Service and out of an opinion of your Innocency cast an aspersion upon his Majesties Iustice in not affording you that present fulness of Liberty and Favor which cannot be drawn from him but in his good time and according to his good pleasure Thus much I have in Commandment to write to your Lordship and to require your Answer clearly and plainly by this Messenger sent on purpose for it and so I remain Whitehal 24 March 1625. Your Lordships humble Servant Edw. Conway My Lord I Have received your Letter of the Four and twentieth of March the Twenty eighth and I am infinitely grieved to understand that my former Answer to yours of the Fourth of March hath not satisfied His Majesty which I will endeavor to do by this to the best of my understanding and to that end shall answer to the particular points of your present Letter with the greatest clearness I am able First Whereas you say in your Letter that the Question propounded to me was plain and clear viz. Whether I would chuse to sit still without being questioned for any Errors past in my Negotiation in Spain and enjoy the benefit of the late gratious Pardon whereof I may take the benefit Or whether being contented to wave the advantage of that Pardon I should put my self into a legal way of Examination for the Tryal thereof c. First Your Lordship may be pleased to remember that your last Proposition was Whether I desired to rest in the Security I was in which you now express Whether I will chuse to sit still Secondly Your Proposition was Whether I would acknowledge the gratious Favor of his Majesty that now is who had been pleased not to question my actions when it is best known to your Lordship That by a Commission of the Lords I was questioned upon Twenty Articles divers involving Felony and Treason Although it be true That when I had so answered as I am confident their Lordships would have cleared me I was so unhappy as their Lordships never met more about that business But now your Proposition is Whether I will now chuse to sit still without being further questioned for Errors past whereas before it was required I should acknowledge that I had not been questioned at all which is a different thing But conferring both your Letters together and gathering the sense and meaning by making the latter an Explanation of the former which I could have wished your Lordship would have more clearly explained I return unto your Lordship this plain and direct Answer That understanding by the Security I am in and sitting still and not being further questioned I am restored to the bare Freedom and Liberty of a Subject and Peer For a man being called in question by his Majesty if after his Majesty shall be pleased out of his goodness that he rest quiet and secure and that he shall not be further questioned I conceive that it is not apparent that his liberty naturally revolveth unto him when by his Majesties Grace he is pleased to declare he shall not be further questioned but may live in further Security So that understanding your Letter in this sort for no direct Answer can be made until the sense of the Question be truly slated I do most humbly acknowledge and accept his Majesties Grace and Favor and shall not wave any thing that shall come to me by the Pardon of the 21 Jac. Regis nor by the Pardon of his Majesties Coronation and am so far from bargaining as you are pleased to express it for future favor though I hope my humble and submissive courses of Petitioning his Majesty neither hath nor shall deserve so hard an expression that I shall not presume so much as to press for any favor until my dutiful and loyal Behavior may move his Majesties Royal and Gratious Heart thereunto but receive with all humbleness this my Freedom and Liberty the which I shall onely make use of in such sort as I shall judge may be most agreeable to his Majesties pleasure As for the second part of your Letter wherein you say That if I desire to make use of that Pardon his Majesty expects that I should at least forbear to magnifie my Services or out of an opinion of my own Innocency cast an aspersion upon his Majesties Iustice. To this point I answer That as I hope I shall never erre in that sort of immodesty of valuing my Services which I acknowledge to have been accompanied with infinite weaknesses and disabilities so I trust it shall not displease that I make use to mine own comfort and the honor of my Posterity of those many Written Testimonies which my late most Blessed Master hath left me of his gratious Acceptance of my Services for the space of Twenty years So likewise I hope the modest avowing of mine Innocency will not be thought to cast any aspersion upon his Majesties Honor or Iustice. I most freely confess unto your Lordship I am much afflicted to see Inferences of this nature made both in your Lordships last Letter and in this For if it shall be inferred as a thing reflecting upon the Kings Honor that a man questioned shall not endeavor to defend his own Innocency before he be convict it will be impossible for any man to be safe for the Honor of his Majesty is too Sacred a thing for any Subject how innocent soever to contest against So likewise God forbid that it should be brought into Consequences as in your former Letter as a Tax upon the Government and Iustice of his late Majesty and Majesty that now is that I should have suffered so long time not being guilty For as I never have been heard so much as to repine of Injustice in their Majesties in all my sufferings so I well know That the long continuance of my troubles may well be attributed unto other Causes as to my own Errors of Passion or other Accidents For your Lordship may well remember That my Affairs were almost two years since upon the point of a happy Accommodation had it not been interrupted by the
which though it do invite him to render unto you such a satisfaction that he hopes may acquit and restore him to your good opinion and might prevent your proceedings which otherwise by a Parliamentary course are like to follow Yet according to his duty having moved the Lords of the Upper House upon your notice given him they would by no means as things now stand give him leave to answer in regard he is not ignorant you are presently to enter into consideration of his Majesties Message and that by a delay therein your own purposes will be in some sort disappointed and the affairs of Christendome much prejudiced but for that upon a resolution you have deferred and respited that service until those things depending against him be first determined he out of fear that his necessary defence would spin out a great deal of time which is more precious is the willinger to obey their Lordships that so he might hasten without obstacle or interruption given unto him to keep day with his Majesty And this he doth as he conceives to his own infinite prejudice knowing how grievous it is to be transmitted as a Grievance by the voice of this House But he doth profess he will rather hazard the safety of his Fortunes Reputation and himself then to be the least occasion of any that may work dis-affection or mis-understanding between the King and his People And it is his Protestation that whatsoever interruption is made by his actions his endeavors shall be as long as he hath any favor with his gracious Master to take opportunity of doing good offices to this House and of rendring all that he can be able for the safety of the State and the general good of the Common-wealth And this he saith you may the easier beleeve because his Majesty can witness that he hazarded in his Fathers time the loss of the best affection of the best of Masters to obtain for them their desire In this zeal he was desirous to have appeared unto you ever since the beginning of this Parliament and in this zeal he doth now present himself unto you But to return to the main point he lest we should be mistaken gave us occasion in plain words to remember you that it is not he that doth refuse to answer but the Lords commanded him not to answer which he the cheerfullier obeyed in respect of his fidelity to prefer the Universal Weal before his own particular And in the mean time he desireth the charitable opinion of this Noble House until he be convinced that he shall appear not worthy of it which his own innocency maketh him confident that he shall not Whilst the Duke stood ready to be impeacht his Grace propounded to the Lords of the Council to have it moved to the King that in regard of the important services by Sea the usual pay to the Sailers might be raised from Fourteen to Twenty shillings a Moneth which was as much as they ordinarily received for Merchants wages The King being therein moved was consenting Nevertheless multitudes of the pressed Mariners ran away leaving his Majesties Ships unfurnished and his Service disappointed There was a great Debate in the House of Commons Whether the Committee of Twelve where Mr. Glanvile had the Chair shall consider of any new matter not heretofore propounded in the House against the Duke And it was resolved in the Affirmative Mr. Glanvile reports from the Committee the Examination concerning a Plaister and a Posset applied and given to King Iames in his sickness when the Kings sworne Physicians had agreed upon other Directions Hereupon it was resolved That this should be annexed to the Charge against the Duke as a transcendent Presumption of dangerous consequence Hereupon his Majesty sent this Message to the Commons THat he having given way to Enquiry about the Duke of Buckingham and hearing that there is new matter intended to be brought against him nevertheless leaveth the House to their own way to present the business to him or to the Lords withal adviseth them to consider of the season of the year and to avoid all loss of time It was Ordered That thanks should be returned to his Majesty for this Message On Monday the First of May the Gentleman-Usher brought the Earl of Bristol to the Bar according to their Lordships Order and the Lord Keeper acquainted him That the King had commanded his Attorney General to charge the Earl of Bristol before their Lordships with High Treason and other Offences and Misdemeanors of a very high nature that they might proceed in a Legal course against him according to the Justice and usual proceedings of Parliament I. Offences done and committed by the Earl of Bristol before His Majesties going into Spain when he was Prince I. THat the said Earl being trusted and employed by the said late King as his Ambassador to Ferdinando then and now Emperor of Germany and to Philip the Fourth then and now King of Spain in Annis 1621.22 and 23. And having Commission and particular and special Direction to Treat with the said Emperor and the King of Spain for the plenary restoring of such parts of the Dominions Territories and Possessions of the Count Palatine of Rhine who married with the most Excellent Lady Elizabeth his now Royal Consort the onely Daughter of the said late King Iames which were then wrongfully and in hostile manner taken and possessed with and by the Armies of the said Emperor and King of Spain or any other and for preserving and keeping such other parts thereof as were not then lost but were then in the protection of the said late King Iames and to the use of the said Count Palatine and his Children And also to Treat with the said King of Spain for a Marriage to be had between the most High and Excellent Prince Charls then Prince of Wales the onely Son and Heir Apparant of the said King Iames and now our most Soveraign Lord and the most Illustrious Lady Donna Maria the Infanta of Spain Sister to the now King of Spain He the said Earl contrary to his duty and Alleagiance and contrary to the trust and duty of an Ambassador at Madrid in the Kingdom of Spain to advance and further the designs of the said King of Spain against our said Soveraign Lord his Children Friends and Allies falsly willingly and traiterously and as a Traitor to our said late Soveraign Lord the King by sundry Letters and other Messages sent by the said Earl from Madrid in the years aforesaid unto King Iames and his Ministers of State of England did confidently and resolutely inform advise and assure the said late King That the said Emperor and King of Spain would really fully and effectually make restitution and plenary restauration to the said Count Palatine and his Children of the said Dominions Territories and Possessions of the said Count Palatine and of the said Electoral Dignity And that the said King of
and broken the said Trust therewith committed unto him And hath not according to his said Offices during the time aforesaid safely kept the said Seas insomuch that by reason of his neglect and default therein not onely the trade and strength of this Kingdom of England hath been during the said time much decayed but the same Seas also have been during the same time ignominiously infested by Pirates and Enemies to the loss both of very many Ships and Goods and of many of the Subjects of our Soveraign Lord the King and the Dominion of the said Seas being the antient and undoubted Patrimony of the Kings of England is thereby also in most eminent danger to be utterly lost V. Whereas about Michaelmas last past a Ship called the St Peter of Newhaven whereof Iohn Mallerow was Master laden with divers Goods Merchandise Monies Jewels and Commodities to the value of Forty thousand pounds or thereabouts for the proper accompt of Monsieur de Villieurs the then Governor of Newhaven and other Subjects of the French King being in perfect Amity and League with our Soveraign Lord the King was taken at Sea by some of the Ships of his Majesties late Fleet set forth under the command of the said Duke as well by direction from him the said Duke as great Admiral of England as by the Authority of the extraordinary Commission which he then had for the command of the said Fleet and was by them together with her said goods and lading brought into the Port at Plymouth as a prize among many others upon probabilities that the said Ship or Goods belonged to the Subjects of the King of Spain And that divers parcels of the said goods and lading were there taken out of the said Ship of St Peter that is to say Sixteen Barrels of Cocheneal Eight Bags of Gold Twenty three Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold Jewels Monies and Commodities to the value of Twenty thousand pounds or thereabouts and by the said Duke were delivered into the private custody of one Gabriel Marsh servant to the said Duke and that the said Ship with the residue of her goods and lading was from thence sent up into the River of Thames and there detained whereupon there was an arrest at Newhaven in the Kingdom of France on the seventh day of December last of two English Merchants Ships trading thither as was alleadged in certain Petitions exhibited by some English Merchants trading into France to the Lords and others of his Majesties most honorable Privy-Council after which that is to say on the 28 day of the said moneth his Majesty was pleased to order with the advice of his Privy-Council that the said Ship and Goods belonging to the Sucjects of the French King should be redelivered to such as should re-claim them and accordingly intimation was given unto his Majesties Advocate in the chief Court of Admiralty by the right honorable Sir Io. Cook Knight one of his Majesties principal Secretaries of State for the freeing and discharging of the said Ship and Goods in the said Court of Admiralty And afterwards that is to say on the Six and twentieth of Ianuary last it was decreed in the said Court by the Judge thereof with the consent of the said Advocate That the said Ship with whatsoever Goods so seised or taken in her Except Three hundred Mexico Hides Sixteen Sacks of Ginger one Box of gilded Beads Five Sacks of Ginger more mentioned in the said Decree should be clearly released from further detention and delivered to the Master and thereupon under Seal a Commission was in that behalf duty sent out of the said Court to Sir Allen Appesly Sir Iohn Worstenholme and others for the due execution thereof The said Duke notwithstanding the said Order Commission and Decree detained still to his own use the said Gold Silver Pearls Emeralds Jewels Monies and Commodities so taken out of the said Ship as aforesaid And for his own singular avail and covetousness on the sixth day of February last having no information of any new proof without any legal proceeding by colour of his said Office unjustly caused the said ship and goods to be again arrested and detained in publick violation and contempt of the Laws and Justice of this Land to the great disturbance of Trade and prejudice of the Merchants These were enlarged by Mr Selden who said That by nature of his Office the Duke as Admiral ought to have guarded the Seas By his Patent he is made Magnus Admirallus Angliae Hiberniae Walliae Normaniae Aquitaniae Villae Calesij Marchiarum ejusdem praefectus generalis classium Marium dictorum regnorum The Seas of England and Ireland are committed to the Admiral as a part of the Demesne and Possessions of the Crown of England not as if he should thereby have Jurisdiction onely as in case of the Admirals in France or Spain The State of Genoa Catalonia and other Maritine parts of Spain the Sea-Towns of Almain Zeland Holland Friezland Denmark Norway and divers other parts of the Empire shew That the Kings of England by reason that their said Realm hath used time out of minde to be in peaceable possession are Lords of the Seas of England and of the Islands belonging to them And though Grotius that Hollander wrote of purpose to destroy all Dominion in the East-Ocean yet he speaks nothing against the Dominion of our English Seas howsoever he hath been misapprehended but expressly elsewhere saith Meta Britanicis littora sunt oris the utmost limits of the Demesne of the Crown of England are the Shores of the neighbouring Countries the whole Sea or the Territorium maximum that intervenes being parcel of the possession of the Crown the keeping and safe-guard of these committed to the Lord Admiral by the name of the Praefectus Marium Admirallus being but the same anciently Before the use of the word Admiral came in which was under Edw. 1. the Admirals had the Titles of Custodes Maris And this Praefectura or Custodia or Office of safe-guarding the Seas binds him to all care and perpetual observance of whatsoever conduceth to that safe-guard as in Custos sigilli Custos Marchiarum Custos portium custos comitatuum agreeable to the practice of former times 1. In certifying yearly to the King and his Council the many Forces both of the Kings ships and ships of Merchants the names of the owners the number of Marriners c. That the King and his Council may always know his force by Sea 2. In shewing wants of ships c. for the safe-guarding of the Seas with the Estimates of the Supply that so they might be procured In personal attendance upon the service of guarding the Seas upon all occasions of weight In 7 H. 4. Nich. Blackborn and Rich. Cliderowe one of the Knights of Kent were made Admirals for keeping the Seas upon consideration had of it in Parliament and
said Company for the effecting of his said designs wherein he still unlawfully pretended that a Tenth part or some other great share out of the Lading of the said ships belonged unto him albeit the said Company upon right information of their Cause to their Council both Civilians and Common-Lawyers were advised that there did no Tenths or other such shares belong to the said Duke as he pretended And whereas the said Duke by this time finding that he could not prevail to get his Ends by any fair course continued yet resolute to make his gain upon the Company by right or wrong as he might and to that purpose made use of the following opportunities and advantages in such cunning and abusive manner as I shall further open to your Lordships The said Duke well knowing thâ—t the said Company had then four Ships called the Great James the Ionas the Star and the Eagle and two Pinaces called the Spy and the Scout the said Ships and Pinaces with their Victuals Store and Ordnances were of the value of Fifty four thousand pounds and more laden with Lead Cloth and other Merchandise in them to the value of Twenty thousand pounds and more and having in them also about Thirty thousand pounds in Royals of Spanish money in all One hundred thousand pounds and more These Ships and Pinnaces were well near ready to set sail for a Voyage into the East-Indies by the first day of March in the One and twentieth year of his said late Majesties reign and he well-knowing how great a hinderance it would be to the said Company if the said Ships and Pinnaces should be stayed for any long time the rather in regard if they did not set sail about that time of the year or within Twenty days after they had utterly lost their voyage for that year the reason thereof dependeth upon a Secret of Winds called the Man-sounds which are constantly six moneths Easterly and six moneths Westerly every year at their set times in those parts of Africa about the Cape of Bona Speranza for of those Winds all Ships going from hence into the East-Indies are to make their use in the usual and due time which yet cannot be done if men take not their opportunity by coming to the Cape in their proper and due season and in so long and dangerous a voyage wherein the Equinoctial Line is twice to be passed it is no good discretion to stay the utmost time in going from hence in confidence of fair Winds but rather to take time enough before-hand for fear of the contrary Nor can the Lord Admiral of England who is Custos marium domini Regis and hath jurisdiction of all Foreign parts super altum mare be admitted to pretend himself ignorant of this Secret or of any other particulars belonging to the Seas and Voyages The Duke therefore apprehending and well weighing how great a hinderance or rather what an absolute loss it would be to the company if these their Ships and Pinnaces of so great value and bound forth in so instant and difficult a voyage should be stayed for any long time now they were ready to set sail and the season of going upon point to expire The said Duke upon the said First day of March 1623. to effect his designs upon the said Company and to get that by circumvention and surprisal which in a legal and due course of Justice he had not hopes to obtain Not thinking it sufficient that the sense of his displeasure lying over the Company as an ominous cloud threatning a storm if they did not appease him by some great sacrifice and to cast them yet further into a farther streight not sparing to abuse your Lordships in Parliament by making you unwilling Instruments to give colour and advantage to his secret and unlawful practises Upon the said First day of March he put your Lordships sitting in Parliament in minde touching the great business likely to ensue upon dissolution of the then Treaties with Spain and that a speedy resolution thereof was necessarily required for that the Enemy would pretermit no time and if we should lose the benefit of that Spring he said it would be irrevokable and thereupon he took occasion to move that House Whether he should make stay of any shipping that were then in the Ports as being High Admiral he might and namely the said Ships prepared for the East-Indian Voyage which were of great burthen well furnished and fit to guard our own Coasts Which motion was generally approved of the whole House knowing nothing of the Dukes secret designs and private intentions And the same day a Motion was made amongst the Commons in Parliament to the same effect by Sir Edward Seymour Knight the Vice-Admiral to the Duke of the County of Devon which in respect of the time when and person by whom it was propounded is very suspitious that it issued all from one Spirit and that he was set on by the Duke or some of his Agents the truth whereof your Lordships may be pleased to search out and examine as you shall see cause By colour of this Order of the Lords House of Parliament the Duke caused Iohn Pexal Marshal of the Admiralty to make stay to be made of the said Ships and Pinnaces howbeit notwithstanding all the occasion pretended for the defence of the Realm there were not any other Ships staid at this time The Company perceiving by the course of things from whence their Evils moved upon the Fifth of March 1623. became earnest Suitors to the said Duke for a Releasement of their said Ships and Pinnaces whereunto the said Duke replied That he had not been the cause of their stay but having heard the Motion in the Lords House he could do no less then order as they had done Yet to incline his ends and put them in some hope of favor by his means he told them withal That he had something in his Pocket that might do them good and willed them to set down what Reasons they would for their Suit and he would acquaint the House therewith Nevertheless about this time he presumed of himself at Theobalds to give leave for the Ships and Pinnaces to fall down as far as Tilbury there to attend such further Directions as should be given unto them with leave so to signifie by word of mouth to the Serjeant of the Admiralty for that the Duke had then no Secretary with him Thus some while by threatning of strong oppositions and terrors and other while by intimating hopes of favor and good assistance the Duke sought to accomplish his purpose yet prevailed not and so the Tenth of March 1623. the Kings Advocate Mr. Dr. Reeves as Advocate for the King and Lord Admiral made Allegation in the Admiralty on the Dukes behalf and by his procurements that it appeared by Examinations there taken that 150000 l. and more Pyrattically taken by the said Captain Blith and Wedel and their Complices upon the Sea
near Ormus and in other parts within the jurisdiction of the Admiralty was come into the Possessions of the Treasurers of the East-India Company and remained in their hands and prayed it might be attached and the said Treasurers be monished to appear the Wednesday then next following and there to bring in the 150000 l. to remain in Deposit with the Register of that Court. The same Tenth of March a Warrant issued forth accordingly directed to the Marshal of the said Court and upon the said next Wednesday the Seventeenth of March the same Warrant was returned by the said Marshal That the day before he had attached the said Moneys in the hands of Mr. Stone then present in the Court and had admonished him and Mr. Abbot the Deputy-Governor of that Company and divers others then present to bring in the same into Court Upon the same Wednesday also it was prayed by the Kings Advocate That Mr. Stone and all that had an interest in this money might be pronounced as in Contumacy and therefore be arrested and detained until 150000 l. were brought into the Register Hereupon Sentence of Contumacy was pronounced but the payment thereof was respited until Friday following Upon which Seventeenth of March this Sentence being pronounced Mr. Stone Mr. Abdy and others Officers of the said Company then present informed how the Governor was lately dead and buried but the day before and that upon Wednesday then next following they had appointed a Court for Election of a new Governor and until then they could resolve of nothing and therefore desired further respite The Advocate nothing relenting at this reasonable excuse and desire of the Company did again earnestly press their Imprisonment but the Judge took time to consider of it The Company finding by these extraordinary and extream courses the drift of the Duke whose greatness and power seemed unresistable and his minde implacable without satisfaction to his own content and withal observing what a streight they were cast into by reason of the stay of their Ships which if it were much longer they must needs lose their Voyage utterly for this year and the very unloading of them would endamage them to the value of the sum extorted And being told that the Eye of the State was upon this business and that it would light heavy upon them and hearing the Duke protest their Ships should not go unless they compounded with him and finding that he made difficulty of releasing their Ships by saying The Parliament must be moved before they could be discharged albeit the wind were now fair for them And making overture of some resonable grounds of composition by offering to grant Letters of Mart to the said Company for the future against the Subjects of the King of Spain while yet the Peace and Treaty between his late Majesty and the King of Spain were not broken or dissolved The said Company being intangled by the Dukes subtilty and overcome at last by the terror of his power and greatness was drawn to make offer of Six thousand pounds to the said Duke which was rejected as a base offer And now the time pressing them on very hard some consultations were had amongst them Whether it were better for them to make use of a clause in their Patent allowing them three years to draw home their Estates and so to let their Company die and be dissolved or else to yeild to the Dukes desire Yet in conclusion they were drawn in to offer him Ten thousand pounds for their peace if it could serve which offer was made unto him accordingly but at first he would not accept it howbeit about the Three and twentieth of March 1623. they agreed to give him the said Ten thousand pounds which he accepted and forthwith moving the Lords of Parliament or acquainting them therewith he retracted their Ships and gave them leave to depart on their Voyage which they accordingly did setting sail the Seven and twentieth day of the same moneth from the Downs And afterwards upon the Fifth of April 1624. the Duke signified unto the Lords House of Parliament That his Majesty at the humble Petition of the East-India Company had commanded him to discharge the East-Indian Ships which he had once stayed according to the order of this House made the First day of March then last past and moved That the said Order might be countermanded and thereupon it was ordered that the Clerk of that House should cross the said Order of the First of March out of his Book which was done accordingly and afterwards the said Ten thousand pounds was paid unto the said Duke which he received and accepted accordingly And upon the Eight and twentieth of April aforesaid suffered a colourable Sentence in the Admiralty to be given against him for their discharge in such sort as by the same Sentence appeareth And for a colour he sealed and delivered unto the said Company a Deed of Acquittance or Release of the said Ten thousand pounds and of all his pretended rights against them as by the Deed thereof also appeareth And whereas it may be imagined by some misconceit that out of this an Aspersion may be laid upon his late Majesty in regard the Duke was pleased to say in the Conference between both Houses 18 March last That the said King had Ten thousand pounds of the said Company by occasion of this business The House of Commons have been very careful in their proceedings in this as in all other things they have and ever shall be to do nothing which may reflect upon the Honor of their Kings And in this particular by that which hath been here at first declared of the manner and occasion of the said Goods and Moneys taken from the said Portugals and receiving the same as aforesaid while the said Peace was continuing and the said Treaties indissolved it appeareth that it had not been safe for the said Company to stand out a Suit concerning that business wherein they might have need of his Majesties Mercy and Pardon but it was both safe and good for them to give Ten thousand pounds and it well stood with his late Majesties Honor for that sum to grant them a Pardon which he did to their great contentment and satisfaction and yet we finde that this Ten thousand pounds also was paid into the hands of Mr. Oliver the Dukes servant but finde not any Record by which it doth appear unto us that ever it came unto his late Majesties use And it is observable in this case That the oppression fell upon the same Company shortly after the great affliction which hapned unto some of them at Amboyna in the East-Indies by means of the Dutch which might have moved a Noble minde rather to pitty then punish the Company after such a Distress so lately suffered Having now finished the Narrative part belonging to this Charge I shall observe unto your Lordships upon the whole matter the nature of the Dukes offences by this Article
the King of great Britain in conformity of the Contract formerly passed between d' Effiat and them 2. That they should consent and agree in consideration of the assurance given them by the Ambassadors to the Articles of March 25. 1625. whereby the French King should be made Master of the said ships by indifferent Inventory that then they should by him be warranted against all hazards of Sea-fight and if they miscarried then the value thereof to be paid by the French King who would also confirm this new Proposition within fifteen dayes after the ships should be delivered to his use by good caution in London 3. That if the French King would take any men out of the said ships he might but without any diminution of freight for or in respect thereof The said Iames Moyer having gotten the French Instrument interpreted answered 1. they would not go to serve against Rochel 2. nor send their ships without good warrant for their going and 3. not without sufficient security to their liking for payment of their freight and reddition of their ships or the value thereof for the Ambassadors security was by them taken not to be sufficient and they protested against it and utterly refused this peraffetted Instrument Here also Sir Iohn Epsley and Sir Thomas Love disswaded the Duke from this enterprise telling him he could not justifie nor answer the delivery of the ships to the French The Lord Duke being at Rochester and there acquainted with all these proceedings commanded the said Moyer and the rest before these Ambassadors that they should obey the Lord Conways Letter and return to Diep to serve the French and that so was our Kings pleasure howbeit herein his Majesties pleasure appeared not but the contrary yet privately at the same time the Duke told them that the security offered or formerly given by the Ambassador was insufficient and that though they went to Diep yet they might and should there keep their ships in their own power till they had made their own conditions to their own liking Iuly 16. 1625. The Duke of Chevereux and Monsieur Villocleox finding that they could not accomplish their designs at Rochester but they must be fain to defer the getting thereof till the coming of the ships back again to Diep where it was thought that better opportunity and more advantage for their ends would be had did to that purpose make and ordain the Marquis d' Effiat their Deputy to contract with the Captains and Masters of the English ships for the French Kings service as effectually as themselves might do thereby transferring their power in that behalf to the said d' Effiat who intended to go over to Diep forthwith about this business The Duke of Buckingham having thus the second time dealt with the Captains and Masters to go to Diep and armed and prepared d' Effiat how and in what manner there to circumvent them sent over to Diep privately and underhand his Secretary Mr Edward Nicholas together with d' Effiat Mr Nicholas at and before the going over had Instructions from the Duke by word to see the execution of the Kings pleasure signified by the Letter from my Lord Conway and to procure the Captains and Masters of the said Merchants ships to deliver over their ships into the hands of the French upon the security peraffetted at Rochester by the three French Ambassadors and by them delivered to the Duke of Buckingham who committed the same to the said Mr Nicholas as the security which in that behalf he was to take and accept Mr Nicholas according to those Instructions went to Diep with d' Effiat and was there very urgent to get the ships delivered to the French according to the said Instructions at their coming over to Diep d' Effiat entred a Suit and Protest against our Captains and Masters and their original Articles the better to enforce them to perform the same without respect to the Dukes verbal pretences or Allegations made to the Captains and Masters at Rochester and in other places formerly to the contrary The Captains and Masters came over again to Diep about Iuly 20. where they found themselves in a strait by reason of the said Protest there entred against them the Dukes instructions by word being too weak to exempt them from obtaining their Contract under their Hands and Seals also Mr Nicholas using the Kings name with threatning words was there very earnest from day to day and very vehemently pressed them to deliver over their ships before security given to their content contrary to the former Proposition viz. the Lord Dukes word to them at Rochester which they refusing to yeild unto Advertisement thereof was speedily sent to the Duke of Buckingham and to his Agents into England and Mr Nicholas continued still at Diep about his former Negotiation Iuly 27. 1625. Sir Ferdinando Gorge Anth. Touching James Moyer Henry Lewen Tho. Davies Jasp. Dard and Iames Davies as owners and Captains of the said seven English ships hired for the French did express in writing that they held it fit they should not quit ships their till they had made their own reasonable conditions and were freed from the questions and troubles they were in and in particular 1. They prayed to be free of the said Protest that they might the better treat of their affairs 2. If the the French King would have delivery of their ships into his power and possession that then they might have security by money deposited in London without Revocation for satisfaction of their ships the former security by Merchants being insufficient and a stop already made of their pay which upon that security they know not how to come by 3. Because their ships being Fortresses of this Kingdom and the delivery of them over into the hands of a Forein Prince without good warrant concerneth even their very lives that they might have a warrant in that behalf under the Great-Seal of England before they should be bound to deliver them over 4. To be free of their bonds entred into for not selling their Ordnance and also free of punishment in that behalf and they shewed how they were more cautious herein for that Commissioners drew the first Articles which were now wholly broken and these Articles were to be done by themselves And this writing they sent from their ships by one Mr Basset Cole to present on shore to the Marquis d' Effiat at Diep appointing the said Mr Cole to treat for a speedy conclusion according to these Articles who treated accordingly And the said Marquis to induce him to yield to his demands shewed a Letter in French signed by the Duke of Buckingham whereby the Duke promised his endeavors to get the Marquis's turn served touching these ships The next day viz. 28 Iuly 1625. Mr Nicholas came aboard the Neptune and declared in writing under his hand how and why he was sent over by the Duke of Buckingham as before and craved the Captain and Masters
the Kings pleasure they should so do without security for redelivery of their ships or satisfaction for the same to their good contentment Hereupon Pennington went on shore at Diep and there spake with D'Effiat the Ambassador and shortly after returned aboard and gave the Captains Masters and Owners an Answer resting upon the validity and urging the performance of the former Contract made and peraffetted in England Then the said Masters and Captains prepared to be gone and weighed anchor accordingly Whereupon Captain Pennington shot at them and forced them to come again to anchor as yielding themselves for fear to his mercy and disposal Upon this Captain Pennington and the Frenchmen that now commanded the Vantguard came aboard the Merchants ships and there proposed unto them a new way for their security touching their ships namely to accept the security of the Town of Diep Whereupon they all went ashore except Sir Ferdinando Gorge who with his ship the Great Neptune adventured to come away as not liking these new and unreasonable Propositions At their coming ashore they spake with Mr. Nicholas and there by his enforcement came to a new Agreement to accept the Security of the Town of Diep upon certain hard Conditions namely The said Marquis d' Effiat as Extraordinary Ambassador in England and as having power by deputation from the Duke of Chevereux and Villocleer on or about August 15. 1625 did agree and promise to the said Moyer Touchin Thomas Davies Dard John Davies Lewen as Captains and Owners of the said ships called the Industry the Pearl the Marigold the Loyalty the Peter and Iohn and the Gift of God then being in the Road of the Town of Diep That the French King should give and furnish to the said Owners they being present and accepting it in this Town this sufficient security That within fifteen dayes after the said French King should be in possession of the said ships he should give sufficient caution in London for the sum of Two hundred and thirteen thousand Livres whereat the said ships were estimated with all that appertaineth to them as Cannons and other Munitions of War viz. Fifty thousand pounds And in or about the same 15 August 1625. the Commonalty of the said Town of Diep entred security and bound the goods of their Commonalty to the said English Captains and Owners That the said French King and his Ambassadors should furnish the security within the City of London within the time and for the sum aforesaid On or about August 16. 1625. the said Marquis d' Efâ—iat as well in his quality of being Ambassador as by vertue of his said Deputation did by a publick Act promise unto the said Moyer Touching c. to give and furnish to them they being present and requiring it in the Town of Diep sufficient security in the City of London within fifteen dayes after the French King should be in peaceable possession of the said ships for the sum of Two hundred and thirteen thousand Livres Turnoys whereat the said ships were valued namely for the said ship called the Industry and so a several sum for every ship which security should remain for assurance to pay to every of them the prices of their ships before specified in that Act in case they should be left in the French Kings hands with other particulars in the said Act mentioned without derogating nevertheless from the Clauses of the said Contract March 25. 1625. Albeit because the said Ambassadors had found it good now to discharge the English Mariners out of the said ships that therefore the freight agreed upon by the said former Contract should not be wholly paid but only for the space of the first six moneths yet if the French King would use them for twelve moneths longer or for any less time that then he should pay freight for the same according to a new particular rate and manner expressed in the said Articles and bound the goods of himself and the said Duke of Chevereux and Monsieur Villocleer for the performance hereof as by the said Article it self reference being thereunto had amongst other things more fully appeareth This Article being passed and recorded at Diep all the said seven Merchants ships except the Great-Neptune who was gone away in detestation of the action intended by the French were forthwith delivered into the absolute possession power and command of the French King and of his said Ambassador d' Effiat and other the Ministers and Subjects of the French King to be imployed by him in his service at his pleasure and not one of all the English Company Man or Boy other then one onely man a Gunner as it should seem would stay in any of those ships to serve against the Rochellors or those of our Religion As soon as these ships were thus delivered into the possession and power of the French the said Ambassador then moved them and dealt earnestly with them for the sale of their ships Mr Nicholas having finished the work he went for at his coming from Diep he recei-a Diamond-Ring worth Fifty pounds and a Hatband set with Sparks of Diamonds worth One hundred Marks of the Ambassador as a recompence for his pains taken in this Imployment which although Ambassadors do confer greater rewards sometimes at their parting upon persons of Mr Nicholas his quality for less service done yet was it more then so ill an office as he was imployed in could in any sort deserve The said Captain Pennington returned speedily into England and took his journey towards the City of Oxford where the Parliament was then sitting by adjournment from Westminster thither and there several Propositions were taken into debate for the good of our Religion and the supply of his Majesties occasions For the well resolving and setling whereof the true knowledg how and upon what occasions and terms the several ships were sent delivered imployed and to be imployed was very requisite Afterwards neverthertheless upon or about August 6. 1625. at a meeting and conference between both the Houses of Parliament in Christchurch-Hall after the reading there of his Majesties most gracious Answer to a Petition of the Lords and Commons formerly exhibited unto his Majesty touching our Religion and much for the good thereof the Duke of Buckingham well knowing all the passages which I have now related to your Lordships to be true did not onely cautelously conceal the same but also much boldly and untruely by colour of a Message delivered from his Majesty to both the Houses affirm unto them touching those ships to this effect That it was not alwayes fit for Kings to give accompt of their Counsels and that about five of the six Moneths were already past and yet the said ships were not imployed against Rochel willing and advising the said Lords and Commons to judge the things by the event to which he seemed to refer the matter By which cunning Speeches the Duke intended and accordingly did make the Lords and Commons
Scotland and Ireland and they will tell you Sejanus pride was so excessive as Tacitus saith he neglected all Councel mixed his businesses and service with the Prince seeming to confound their Actions and was often stiled Imperatoris laborum socius How lately and how often hath this Man commixed his Actions in Discourses with ACtions of the Kings My Lords I have done you see the Man onely this which was conceived by the Knights Citizens and Burgesses should be boldly by me spoken That by him came all these evils in him we finde the Cause and on him we expect the Remedies and to this we met your Lordships in Conference to which as your Wisdom invites us so we cannot doubt but in your Lordships Wisdom Greatness and Power we shall in due time finde Judgment as he deserves I conclude by presenting to your Lordships the particular Censure of the Bishop of Ely reported in the 11 Rich. 1. and to give you a short view of his faults He was first of all noted to be Luxurious secondly He married his own Kinred to Personages of highest rank and places thirdly No mans business was done without his help fourthly He would not suffer the Kings Council to advise in Matters of State fifthly He grew to such a height of Pride that no man was thought worthy to speak unto him and lastly His Castles and Forts of Trust he did obscuris ignotis hominibus tradere his doom was this Per totam insulam publicè proclamatur periat qui perdere cuncta festinat opprimatur ne omnes opprimat Sir Dudley Diggs having made the Prologuâ— and Sir Iohn Elliot the Epilogue in the Impeachment of the Duke they were both by the Kings Command committed to the Tower Upon the Impeachment of the Duke a Paper was privately conveyed to the King importing THat this great opposition against the Duke was stirred up and maintained by such as seek the destruction of this free Monarchy Because they finde it not yet ripe to attempt against the King himself they endeavor it through the sides of the Duke The persons agreeing in this one mischeif are of divers sorts and humors First Medling and busie persons who love popular Speeches Secondly Govetous Landlords Inclosers Depopulators c. who being of the Parliament ease themselves in Subsidies and lay it on the true Commons and cry out the grievances are caused by the Duke Thirdly Recusants who hate the Duke for the breach of the Spanish Match Fourthly Persons indebted who by priviledge of Parliament avoid payment Fifthly Puritans and Sectaries though two of them scarcely agree in what they would have Haters of Government and would have the Kings power extinguished in matters Ecclesiastical and limited in Civil Sixtly Male-contents who look upon the Duke with an evil eye because themselves are not preferred Seventhly Lawyers who are very fit in Parliaments to second any Complaint against â—oth Church and King and all his Servants with their Customs Antiquities Records Statutes Presidents and Stories Eighthly Merchants and Citizens who deceive the King of Custom Ninethly Innovators Plebicolae That since the time of Henry the Sixth these Parliamentary discoursings might never be suffered as being but certain symptomes of Subsequent Rebellions Civil Wars and the dethroning of our King and no one Patriot daring to oppose them least he incur the reputation of a Fool or Coward in his Countreys Cause His Majesty therefore strengthned himself ever with some Favorite as whom he might better trust then many of the Nobility tainted with this desire of Oligarchy It behoveth without doubt his Majesty to uphold the Duke against them who if he be but decourted it will be the Corner Stone on which the demolishing of his Monarchy will be builded For if they prevail with this they have hatched a thousand other demands to pull the Feathers of Royalty They will appoint him Counsellors Servants Alliances Limits of Expences and accompt of his Revenue cheifly if they can they will now dazle him in the beginning of his raign Lastly King James and King Charls are the Dukes Accusers in all the Aspersions that are laid upon him King James for the Money destined for the Wars in his time spent in Treaties c. And his Majesty can testifie for the things done in his time And all these though actions of the King are imputed to the Duke Who if he suffer for obeying his Soveraign the next attempt will be to call the King to accompt for any thing he undertakes which doth not prosperously succeed as all men would desire it If it please his Majesty to remove and set aside all these disadvantages he shall find the Charge against the Duke very empty and of small moment And if his Majesty and the Dukes Grace think it no impeachment to their Honors all that the Parliament hath objected against the Duke except two or three things that may receive an Answer is pardoned at the Kings Coronation which benefit every poor Subject enjoyeth May 11. The King came to the Parliament and spake to the House of Peers as followeth My Lords THe cause and onely cause of my coming to you this day is to express the sense I have of all your Honors for he that toucheth any of you toucheth me in a very great measure I have thought fit to take order for the punishing some insolent speeches lately spoken I have been too remiss heretofore in punishing such speeches as concern my self Not that I was greedy of their monies but that Buckingham through his importunity would not suffer me to take notice of them lest he might be thought to have set me on and that he might come the forwarder to his Trial. And to approve his innocencie as touching the matters against him I my self can be a Witness to clear him in every one of them I speak not this to take any thing out of your hands but to shew the reason why I have not hitherto punished those insolent speeches against my self And now I hope you will be as tender of my Honor when time shall serve as I have been sensible of yours And so his Majesty was pleased to depart The same day this following Message was brought from the Commons to the Lords by Sir Nathanael Rich. THe Commons taking into serious consideration the many mischiefs and inconveniences which this renowned Kingdom doth now suffer threatening apparent danger to the King and Common-wealth have by search and disquisition into the Causes thereof found that they do principally flow from the exorbitant power and abusive carriage of the Duke of Buckingham whereof he hath this Parliament béen impeached before their Lordships by the Commons besides an accusation of a Péer in their own House who hath charged him as they are informed of High Treason They therefore with one voice make an entire Declaration That they hold it a thing of dangerous Consequence both for the present and future times that a man of so
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
of himself came to the Duke and earnestly moved him to undertake the place The Duke apprehending the weight of the place and considering his yong years and want of experience to manage so great a charge gave no ear unto it but excused it not for form but really and ingenuously out of the apprehension of his then unfitness for it This Gentleman not thus satisfied without the Duke applied himself to the late King and moved his Majesty therein and offered Reasons for it That the Duke was the fittest man at that time and as the State of the Navy then stood for that place for he said it was then a time of peace That the best service that could be done for the present was to repair the Navy and Ships Royal which then were much in decay and to retrench the Kings charge and to employ it effectually and that before there was like to be personal use of service otherwise the Duke being yong and active might gain experience and make himself as fit as any other and that in the mean time none was so fit as himself having the opportunity of his Majesties Favor and Means to his Person to procure a constant assignment and payment of moneys for the Navy the want whereof was the greatest cause of the former defects These Reasons perswaded his late Majesty and upon his Majesties own motion perswaded the Duke to take the charge upon him And thereupon the Earl voluntarily freely and willingly and upon his own earnest and often suit surrendred the place without any President Contract or Promise whatsoever which might render the Duke in the least degree subject to the danger of the Law which was not then so much as once thought upon and upon that Surrender the Grant was made to the Duke But it is true That his Majesty out of his Royal bounty for recompence of the long and faithful service of the said Earl and for an honorable memory of his deserts to him and the Crown of England did grant him a Pension of One thousand pounds per annum for his life which in all Ages hath been the Royal way of Princes wherewith to reward antient and well-deserving Servants in their elder years when without their own faults they are become less serviceable to the State And the Duke also voluntarily and freely and as an argument of his noble respect towards so honorable a Predecessor whom to his death he called Father whose Estate â—s he then understood with his late Majesties privity and approbation did send him Three thousand pounds in money which he hopeth no person of worth and honor will esteem to be an act worthy of blame in him And when the Duke had thus obtained this place of great trust he was so careful of his duty that he would not relie upon his judgment or ability but of himself humbly besought his then Majesty to settle a Commission of fit and able persons for the Affairs of the Navy by whose Council and assistance he might manage that weighty business with the best advantage for his Majesties service which Commission was granted and yet continueth and without the advice of those Commissioners he hath never done any thing of moment and by their advice and industry he hath thus husbanded the Kings money and furthered the service that where before the ordinary charge of the Navy was Fifty four thousand pounds per annum and yet the Ships were very much decayed and their Provisions neglected the charge was returned to Thirty thousand pounds per annum and with that charge the Ships all repaired and made serviceable and two new Ships builded yearly and for the two last years when there were no new Ships built the ordinary charge was reduced to Twenty one thousand six hundred pounds per annum And now he dare boldly affirm that his Majesties Navy is in better state by much then ever it was in any precedent time whatsoever For his buying the Wardenship of the Cinque Ports he maketh this plain ingenuous and true Answer That in December in the Two and twentieth year of his late Majesties Raign he obtained the Office of Lord Warden of the Cinque Ports and Constable of the Castle of Dover being one entire Office upon the Surrender of the Lord Zouch then Lord Warden The manner of obtaining whereof was thus The Lord Zouch being grown in years and with his almost continual lameness being grown less fit for that place he discovered a willingness to leave it and made several offers thereof to the Duke of Richmond and Richard Earl of Dorset deceased but he was not willing to part with it without recompence Notice whereof coming to the Duke by an offer made from the Lord Zouch he finding by experience how much and how many ways both the Kings service might and many times did suffer and how many inconveniences did arise to the Kings Subjects in their Goods Ships and Lives by the intermixture of the Jurisdictions of the Admiralty and Wardenship of the Cinque Ports by the emulation disaffection and contention of their Officers as clearly appear by these particulars amongst many others which may be instanced 1. Where the Admiral-Jurisdiction extends generally to all the Narrow Seas the Warden of the Cinque Ports hath and exerciseth Admiral-Jurisdiction on all the Sea Coasts from Show-Beacon in Essex to the Red Noor in Sussex and within those Limits there have been continual differences between the Lord Admiral and the Lord Warden whether the Lord Wardens Jurisdiction extends into the main Sea or onely as far as the low Water Mark and so much further into the Sea as a man on Horsback can reach with a Launce which occasioneth Questions between those cheif Officers themselves 2. There are many and continual differences in executing of Warrants against offenders the Officers of the one refusing to obey or assist the Authority of the other whereby the offenders protected or countenanced by either easily escapeth 3. Merchants and Owners of Goods questioned in the Admiralty are often enforced to sue in both Courts and often enforced for their peace to compound with both Officers 4. The Kings service is much hindred for the most usual and ordinary Rendevouz of the Kings Ships being at the Downs and that being within the Jurisdiction of the Lord Warden the Lord Admiral or Captains of the Kings Ships have no Power or Warrant to press men from the shore if the Kings Ships be in distress 5. When the Kings Ships or others be in danger on the Goodwins and other places within the view of the Portsmen they have refused to help with their Boats lest the Kings Ships should command them on board whereby many Ships have perished and much Goods have been lost 6. When Warrants come to press a Ship at Road for the Kings service the Officers take occasion to disobey the Warrants and prejudice the Kings service For if the Warrant come from the Lord Warden they will pretend
the Ship to be out of their Jurisdiction if the Warrant come from the Lord Admiral they will pretend it to be within the Jurisdiction of the Cinque Ports And so whilst the Officers dispute the opportunity of the service is lost 7. When the Kings Ships lie near the Ports and the men come on shore the Officers refuse to assist the Captains to reduce them to the Ships without the Lord Wardens Warrant 8. If the Kings Ships on the sudden have any need of Pilots for the Sands Coasts of Flanders or the like wherein the Portsmen are best experienced they will not serve without the Lord Wardens or his Lieutenants Warrant who perhaps are not near the place 9. When for great occasions for the service of the State the Lord Admiral and Lord Warden must both joyn their Authority if the Officers for want of true understanding of their several Limits and Jurisdictions mistake their Warrants the service which many times can endure no delay is lost or not so effectually performed For these and many other Reasons of the like kinde the Duke not being led either with ambition or hope of profit as hath been objected for it could be no encrease of Honor to him having been honored before with a greater place nor of profit for it hath not yielded him in any matter any profit at all nor is like to yield him above Three hundred pounds per annum at any time but out of his desire to make himself the more able to do the King and Kingdom service and prevent all differences and difficulties which heretofore had or hereafter might hinder the same He did entertain that motion and doth confess that not knowing or so much as thinking of the said Act of Parliament before mentioned he did agree to give the said Lord One thousand pounds in money and Five hundred pounds per annum in respect of his Surrender he not being willing to leave his place without such consideration nor the Duke willing to have it without his full satisfaction and the occasion why the Duke of Buckingham gave that consideration to the Lord Zouch was because the Duke of Richmond in his life time had first agreed to give the same consideration for it and if he had lived he had had that place upon the same terms And when the said Duke of Richmond was dead his late Majesty directed the Duke of Buckingham to go thorow for that place and for the Reasons before-mentioned to put both these Offices together and to give the same consideration to the said Lord which the Duke of Richmond should have given and his late Majesty said he would repay the money And how far this act of his in acquiring this Office accompanied with these Circumstances may be within the danger of the Law the King being privy to all the passages of it and encouraging and directing it he humbly submitteth to your judgement and he humbly leaves it to your Lordships judgments in what third way an antient servant to the Crown by age or infirmity disabled to perform his service can in an honorable course relinquish his place for if the King himself give the Reward it may be said it is a charge to the Crown if the succeeding Officer give the Recompence it may thus be objected to be within the danger of the Law And howsoever it be yet he hopeth it shall not be held in him a crime when his intentions were just and honorable and for the furtherance of the Kings service neither is it without president that in former times of great employment both these Offices were put into one hand by several Grants To this Article whereby the not guarding of the Narrow Seas in these last two years by the Duke according to the trust and duty of an Admiral is laid to his charge whereof the consequence supposed to have been meerly through his default are the ignominious infesting of the Coasts with Pirats and Enemies the endangering of the Dominion of these Seas the extream loss of the Merchants and the decay of the Trade and Strength of the Kingdom The Duke maketh this Answer That he doubteth not but he shall make it appear to the good satisfaction of your Lordships that albeit there hath hapned much loss to the Kings Subjects within the said time of two years by Pirats and Enemies yet that hath not hapned by the neglect of the Duke or want of care and diligence in his place For whereas in former times the ordinary Guard allowed for the Narrow Seas hath been but four Ships the Duke hath since Hostility begun and before procured their number to be much increased for since Iune 1624. there hath never been fewer then Five of the Kings Ships and ordinarily Six besides Pinnaces Merchants Ships and Drumblers and since open hostility Eight of the Kings Ships besides Merchants of greater number and Pinnaces and Drumblers and all these well furnished and manned sufficiently instructed and authorised for the service He saith he hath from time to time upon all occasions acquainted his Majesty and the Council-Bord therewith and craved their advice and used the assistance of the Commissioners for the Navy in this service and for the Dunkirkers who have of late more infested these Coasts then in former years he saith There was that Providence used for the repressing of them that his Majesties Ships and the Hollanders joyning together the Port of Dunkirk was blocked up and so should have continued had not a sudden storm dispersed them which being the immediate hand of God could not by any pollicy of man be prevented at which time they took the opportunity to Rove abroad but it hath been so far from endangering the Dominion of the Narrow Seas thereby as is suggested That his Majesties Ships or Men of War were never yet mastered nor encountred by them nor will they endure the sight of any of our Ships and when the Duke himself was in person the Dunkirkers run into their Harbors But here is a necessity that according to the fortune of Wars interchangeable losses will happen yet hitherto notwithstanding their more then wonted insolency the loss of the Enemies part hath been as much if not more then what hath hapned to us and that loss that hath faln hath cheifly come by this means that the Dunkirkers Ships being of late years exercised in continual hostility with the Hollanders are built of a Mold as fit for flight as for fight and so they pilfer upon our Coasts and creep to the shore and escape from the Kings Ships But to prevent that inconvenience for the time to come there is already order taken for the building some Ships which shall be of the like Mold light and quick of sail to meet with the adverse party in their own way And for the Pirates of Sallie and those parts he saith it is but very lately that they found the way into our Coasts where by surprise they might easily do
they ought not to have righted themselves before Legal Complaint and a denial on our part and then by way of Reprisal and not by Imbargo So that the Duke doth humbly leave it to the consideration of your Lordships whether the harm which hath hapned to our Merchants hath not been more occasioned by the unseasonable justifying of the actions of the French which animated them to increase their injuries then by any act either of the Duke or any other To this Article which consisteth of two main Points the one of the Extorting Ten thousand pounds unjustly and without right from the East-India Company the other admitting the Duke had a right as Lord Admiral the compassing it by undue ways and abusing the Parliament to work his private ends the Duke giveth this Answer wherein a plain Narration of the Fact he hopeth will clear the Matters objected and in this he shall lay down no more then will fully appear upon Proof About the end of Michaelmas Term 1623. the Duke had information given him by a principal Member of their own Company that the Company had made a great advantage to themselves in the Seas of East-India and other parts of Asia and Africa by rich prizes gotten there forcibly from the Portugals and others and a large part thereof was due to his Majesty and to the Duke as Admiral by the Law for which neither of them had any satisfaction Whereupon directions were given for a legal prosecution in the Court of Admiralty and to proceed in such Matter as should be held fittest by the Advice of Council In the Moneths of December and Ianuary in that year divers Witnesses were examined in the Admiralty according to the ordinary course of that Court to instruct and furnish Informative Processes in this behalf After the Tenth of March 1623. an Action was commenced in the Court in the joynt names of his Majesty and the Admiral grounded upon the former proceeding this was prosecuted by the Kings Advocate and the demand at first was Fifteen thousand pounds The Action being thus framed in both their names by Advice of Council because it was doubtful in the judgment of the Council Whether it did more properly belong to the one or to the other or to both and the form of entring that Action being most usual in that Court on the Eight and twentieth of April 1624. the Judicial Agreement and Sentence passed thereupon in the Admiralty Court wherein the Companies consent and their own offer plainly appeareth so that for the second part of the right it were very hard to conclude that the Duke had no right contrary to the Companies own consent and the sentence of the Court grounded on their Agreement unless it shall fully appear That the Company was by strong hand inforced thereto and so the money extorted Therefore to clear that scruple That as the matter of the Suit was just or at least so probable as the Company willingly desired it for their peace so the manner was as just and honorable your Lordships are humbly entreated to observe these few true Circumstances The Suit in the Admiralty begun divers moneths before the first mention of it in Parliament and some moneths before the beginning of it in that Parliament it was prosecuted in a legal course and upon such grounds as will yet be maintained to be just The Composition made by the Company was not moved by the Duke but his late Majesty on the behalf of himself and of the Duke treated with divers Members of the Company about it and the Duke himself treated not at all with them The Company without any compulsion at all agreed to the Composition not that they were willing to give so much if they might have escaped for nothing but that they were willing to give so much rather then to hazard the success of the Suit And upon this Composition concluded by his Majesty the Company desired and obtained a Pardon for all that was objected against them The Motion in Parliament about the stay of the Companies Ships then ready prepared and furnished was not out of any respect to draw them the rather to give the Composition but really out of an apprehension that there might be need of their strength for the defence of the Realm at home and if so then all private respects must give way to the Publick Interest These Ships upon the importunity of the Merchants and Reasons given by them were suffered nevertheless to fall down to Tilbury by his late Majesties direction to speed their Voyage the better whilst they might be accommodated for this Voyage without prejudice to the publick safety they were discharged when there was an Accommodation propounded and allowed which was That they should forthwith prepare other Ships for the home service whilst those went over with their Voyage which they accordingly did That the Motion made in the Commons House was without the Dukes knowledge or privity That when there was a rumor that the Duke had drawn on the Composition by staying of the Ships which were then gone the Duke was so much offended thereat that he would have had the former Communication to have broken off and have proceeded in a legal course and he sent to the Company to that purpose but the Company gave him satisfaction That they had raised no such rumor nor would nor could avow any such thing and entreated him to rest satisfied with their publick acts to the contrary That after this their Ships being gone themselves careful of their future security solicited the dispatch of the Composition consulted with Councel upon the Instruments which passed about it and were at the charge thereof and the money was paid long after the sentence and the sentence given after the Ships were gone and no security given at all for the money but the sentence and when this mony was paid to the Duke the whole sum but Two hundred pounds thereof onely was borrowed by the King and employed by his own Officers for the service of the Navy If these things do upon proof appear to your Lordships as is assured they will he humbly submitteth it to your judgments how far verbal Affirmations or Informations extrajudicial shall move your judgments when Judicial Acts and those things which were acted and executed prove the contrary To this Article which is so mixt with Actions of great Princes as that he dareth not in his duty publish every passage thereof he cannot for the present make so particular an Answer as he may hath and will do to the rest of his Charge But he giveth this general Answer the truth whereof he humbly prayeth may rather appear to your Lordships by the Proofs then by any Discourse of his which in Reason of State will happily be conceived fit to be more privately handled That these Ships were lent to the French King at first without the Dukes Privitie That when he knew it he did that which belonged
to an Admiral of England and a true English man And he doth deny that by menace or compulsion or any other indirect or undue practice or means he by himself or by any others did deliver those Ships or any of them into the hands of the French as is objected against him That the Error which did happen by what direction soever it were was not in the intention any ways injurious or dishonorable or dangerous to this State or prejudicial to any private man interested in any of those Ships nor could have given any such offence at all if those promises had been observed by others which were professed and really performed by his Majesty and his Subjects on their parts To this Article wherewith he is taxed to have practised for the employment of the Ships against Rochel he answereth That he was so far from practising or consenting that the said Ships should so be employed that he shall make it clearly to appear that when it was discovered that they would be employed against those of the Religion the Protestation of the French King being otherwise and their pretence being That there was a Peace concluded with those of the Religion and that the French King would use those Ships against Genoa which had been an action of no ill consequence to the Affairs of Christendom The Duke did by all fit and honorable means endeavor to divert that course of their employment against Rochel And he doth truly and boldly affirm That his endeavors under the Royal care of his most Excellent Majesty hath been a great part of the means to preserve the Town of Rochel as the Proofs when they shall be produced will make appear And when his Majesty did finde that beyond his intention and contrary to the faithful Promises of the French they were so misemployed he found himself bound in honor to intercede with the most Christian King his good Brother for the Peace of that Town and of the Religion lest his Majesties Honor might otherwise suffer Which intercession his Majesty did so sedulously and so successfully pursue that the Town and the Religion there do and will acknowledge the fruits thereof And whereas it is further objected against him That when in so unfaithful a manner he had delivered those Ships into the power of a foreign State to the danger of the Religion and scandal and dishonor of our Nation which he utterly denieth to be so That to mask his ill intentions in cunning and cautelous manner he abused the Parliament at Oxford in affirming before the Committees of both Houses That the said Ships were not nor should be so used or employed he saith under the favor of those who so understood his words That he did not then use those words which are expressed in the Charge to have been spoken by him but there being then a jealousie of the mis-employing of those Ships the Duke having no knowledge thereof and knowing well what the promises of the French King were but was not then seasonable to be published he hoping they would not have varied from what was promised did say That the event would shew it was no undertaking for them but a Declaration of that in general terms which should really have been performed and which his Majesty had just cause to expect from them That the Duke did compel the Lord R. to buy his Title of Honor he utterly denieth and he is very confident that the Lord R. himself will not affirm it or any thing tending that way Neither can he nor any man else truly say so but the said Duke is able to prove that the Lord R. was before willing to have given a much greater sum but could not then obtain it and he did now obtain it by solicitation of his own Agents For the selling of places of Judicature by the Duke which are specially instanced in the Charge he answereth That he received not or had a penny of either of those sums to his own use but the truth is the Lord M. was made Lord Treasurer by his late Majesty without contracting for any thing for it and after that he had the Office conferred upon him his late Majesty moved him to lend him Twenty thousand pounds upon promise of repayment at the end of a year the Lord M. yielded to it so as he might have the Dukes word that it should be repayed unto him accordingly The Duke gave his word for it the Lord M. relied upon it and delivered the said sum to the hands of Mr. Porter then attending upon the Duke by the late Kings appointment to be disposed as his Majesty should direct And according to the Kings direction that very money was fully paid out to others and the Duke neither had nor disposed of a penny thereof to his own use as is suggested against him And afterwards when the Lord M. left that place and his money was not repayed unto him he urged the Duke upon his promise whereupon the Duke being jealous of his Honor and to keep his word not having money to pay him he assured Lands of his own to the Lord M. for his security But when the Duke was in Spain the Lord M. obtained a promise from his late Majesty of some Lands in Fee-farm to such a value as he accepted of the same in satisfaction of the said money which were afterwards passed unto him and at the Dukes return the Lord M. delivered back unto him the security of the Dukes Lands which had been given unto him as aforesaid And for the Six thousand pounds supposed to have been received by the Duke for procuring to the Earl of M. the Mastership of the Wards he utterly denieth it but afterwards he heard that the Earl of M. did disburse Six thousand pounds about that time and his late Majesty bestowed the same upon Sir Henry Mildmay his Servant without the Dukes privity and he had it and enjoyed it and no penny thereof came to the said Duke or to his use To this Article the Duke answereth That it is true that his late Majesty out of his Royal Favor unto him having honored the Duke himself with many Titles and Dignities of his bounty and as a greater argument of his Princely Grace did also think fit to honor those who were in equal degree of Blood with him and also to ennoble their Mother who was the Stock that bare them The Title of the Countess of Buckingham bestowed upon the Mother was not without President and she hath nothing from the Crown but a Title of Honor which dieth with her The Titles bestowed on the Viscount P. the Dukes Elder Brother were conferred on him who was a Servant of the Bed-chamber to his now Majesty then Prince by his Highness means the Earl of A. was of his late Majesties Bed-chamber and the Honors and Lands conferred on him was done when the Duke was in Spain The Earl of D. hath the Honors mentioned in the
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
charissimo Consanguineo nostro Edwardo Comiti Dorset nec non charissimo Consiliar nostro Philippo Comiti Mountgomery charissimóque Consanguineo nostro Willielmo Comiti Northampton Presidenti Consilii nostri infra Principalitatem Marchias Walliâ—e ac chariss Consanguineo Consiliar nostro Iacobo Comiti Carlol Nec non charissimis Consanguineis nostris Iohanni Comiti de Clare Thomae Comiti Cleveland Edmundo Comiti de Mulgrave Nec non charissimo Consanguineo Consiliar nostro Georgio Comiti de Totnes charissimóque Consanguineo nostro Henrico Vicecomiti Rochford Ac etiam Reverendis in Christo Patribus Georgio Episcopo London Richardo Episc. Dunclm Reverendóque in Christo Patri sideli Consiliar nostro Lanceloto Episc. Winton Nec non Reverendis in Christo Patribus Samueli Episc. Norwicen Willielmo Episc. Meneven Ac perdilecto fideli Consiliario nostro Edwardo Dom. Conway uni primorum Secretarium nostrum Ac etiam perdilecto fideli nostro Samueli Dom. Scroop Presidenti Consilii nostri in partibus Borealibus perdilectóque fideli Consiliar nostro Fulconi Dom. Brook Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis Nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii sexto die Februar Anno Regni nostri primo inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum usque ad instantem decimum quintum diem Iunii continuatum fuerat Sciatis quòd nos pro certis urgentibus causis considerationibus nos specialiter moventibus idem Parliamentum nostrum hoc instanti decimo quinto die Iunii duximus dissolvendum De fidelitate igitur prudentia circumspectione vestris plurimum confidentes de avisamento assensu Consilii nostri assignavimus vos Commissionarios nostros dantes vobis aliquibus tribus vel pluribus vestrum tenore praesentium plenam potestatem authoritatem hoc instanti decimo quinto die Iunii ad dictum Parlamentum nostrum nomine nostro plenariè dissolvendum ideo vobis mandamus quòd vos vel aliqui tres vel plures vestrum idem Parliamentum nostrum hoc instante decimo quinto die Iunii virtute harum Literarum nostrum patent plenariè dissolvatis determinetis Et ideo vobis mandamus quòd praemissa diligenter intendatis ac â—a in forma praedicta effectualiter expleatis exequamini Damus autem universis singulis Archiepiscopis Ducibus Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventurum tenore praesentium firmiter in mandat quod vobis in praemissis faciend agend exiquend pariant obediant intendant in omnibus prout decet In cujus rei testimonium has literas nostras â—ieri fecimus patentes Teste meipso apud Westm. decimo quinto die Iunii Anno Regni nostri secundo EDMONDS This Commission being read and the Commons present the Parliament was dissolved on the Fifteenth day of Iune 1626. The intended Remonstrance was as followeth Most Gracious Soveraign WE your loyal and faithful Subjects the Commons assembled by your Majesties most Royal authority in this present Parliament having with all dutiful affection from the time of our first méeting earnestly endeavored to procéed spéedily in those affairs that might best and soonest conduce to our dispatch of the intended supply of your Majesties great designs to the enlargement of your support and to the enabling of our selves and them whom we represent to the full and timely performance of the same have notwithstanding by reason of divers informations interruptions and other preventions béen hitherto so retarded in the prosecution of these affairs that we now thought it a necessary part of our most humble duties thus to declare both those interruptions and preventions with the true original and continual cause of them as also our most earnest devotion of the Parliamentary service of your most excellent Majesty and of the careful safety and defence of your Dominions Crown and Dignity And we most humbly therefore beséech your most excellent Majesty to be graciously pleased here to cast your eye on some particulars that have relation as well to your first Parliament as to this out of which we cannot doubt but that your great Goodness may receive an ample satisfaction touching our most loyal and faithful intentions In the first Parliament of the first Year of your Majesties most happy Reign over us the Commons then assembled after they had cheerfully presented to your Majesty as the first-fruits of their affections Two entire Subsidies were excéedingly pressed by the means of the Duke of Buckingham and for his own ends as we conceive to enlarge that Supply which when he conceived would not be there effected he procured for the same ends from your Majesty an Adjournment of the Parliament to the City of Oxford where the Commons then taking into just consideration the greatest mischiefs which this Kingdom variously hath suffered and that chiefly by reason of the exorbitant power and frequent misdoings of the said Duke were entring into a Parliamentary course of examination of those mischiefs power and misdoings But no sooner was there any mention made of his Name to this purpose but that he fearing lest his Actions might so have béen too much laid open to the view of your most excellent Majesty and to the just Censure that might then have followed presently through his misinformations to your Majesty of the intentions of your said Commons as we have just cause to believe procured a dissolution of the said Parliament And afterwards also in the same year through divers misreports made to your Majesty in his behalf touching some Members of the said Commons who had more particularly drawn his Name into just question and justly professed themselves averse to his ends there procured as we cannot but conceive the said Members to be made the Sheriffs of several Counties for this year that followed to the end that they might have all béen precluded from being chosen Members of the present Parliament lest they should again have therein questioned him and by the like practice also as we are perswaded he procured soon after the said dissolution another Member of the said House because he had justly professed himself against his Ends to be sent as Secretary of your Majesties last Fleet hereby indeed to punish him by such drawing him from his practice of the Law which was his Profession under colour of an honorable Imployment It pleased your Majesty afterwards in February last to call this present Parliament wherein though none of those whom the said Duke had so procured to be made high Shiriffs have sit as Members yet we finding in our selves the like affection first to the Service of your Majesty and next to the good of the Commonwealth
they Ordered That all such Duties and Merchandizes shall be levied and paid And they advised the King That the Attorney General prepare for his Majesties Signature an Instrument which may pass under the Great Seal of England to declare his pleasure therein until by Parliament as in former times it may receive an absolute settlement Which passed the Great Seal accordingly The Forfeitures arising to the Crown by the execution of the Laws against Priests Jesuites and Popish Recusants were dedicated to the vast and growing charge of the Designs in hand And Complaint being made against Inferior Officers whose service was herein employed that they had misdemeaned themselves to the oppressing of Recusants without advantage to the King Commissioners of honorable Quality were appointed for the regulating of these proceedings yet no Liberty given to the encouragement or countenance of such dangerous persons as might infect the People or trouble the Peace of Church and State The King therefore Grants a Commission under the Great Seal directed to the most Reverend Father in God Toby Archbishop of York Sir Iohn Savile Knight Sir George Manners Sir Henry Slingsby Sir William Ellis Knights and to divers other Knights and Gentlemen and therein recites THat his Majesty hath received credible Information of the great loss and damages which the Kings Subjects living in Maritime Towns especially in the Northern parts do suffer by depredations attempts and assaults at Sea from Foreign Enemies whereby Trade from those parts are interrupted and the City of London much endamaged for want of Coals and other Commodities usually transported thither from Newcastle upon Tine For redress of which evil his Majesty doth think fit to appropriate and convert all such Debts sums of Money Rents Penalties and Forfeitures of all Recusants inhabiting in the Counties of York Durham Northumberland Cumberland Westmorland Lancaster Nottingham Derby Stafford and Chester which at any time have grown due since the Tenth year of King James and are not yet satisfied or which hereafter shall grow due by reason of any Law or Statute against Recusants to be employed for the maintenance provision arming manning victualling and furnishing of Six able Ships of War for guarding and defending the Coast of this Realm from the furthest North-East point of the Sea unto the mouth of the River of Thames his Majesty further expressing in the said Commission That his Subjects who are owners of Coalâ—Pits the Oast-men of Newcastle upon Tine Owners of Ships and Merchants Buyers and Sellers of Newcastle Coals have béen and are willing to contribute and pay for every Chaldron for the uses aforesaid Wherefore his Majesty upon the considerations before-mentioned doth by his said Commission give power unto the said Commissioners or any four or more of them to treat and make Composition and Agréement with the said Recusants inhabiting within the said Counties for Leases of all their Manors Lands Tenements c. within those Counties for any term of years not excéeding One and forty years and for all Forfeitures due since the Tenth year of King James for their Recusancy in not going to Church to hear Divine Service according to the Laws and Statutes of this Realm under such Condition and Immunities as they or any four of them shall sée méet and convenient according to such Instructions as his Majesty hath or shall give for that purpose his Majesty rather desiring their Conversion then Destruction And such Leases his Majesty doth declare made to the said Recusants themselves or to any persons for their use shall be good and effectual any Law or Statute to the contrary notwithstanding And by the said Commission Sir Iohn Savile was appointed Receiver of all such sums of Money as shall be paid upon these Leases and Mr. Alexander Davison of the Town of Newcastle upon Tine Merchant Adventurer was appointed to receive out of the voluntary and free-wil Contribution of the Owners Buyers and Sellers of Coals the Six pence per Chaldron of Coals In pursuance of this Commission the Recusants did make their Composition upon very easie terms as was afterwards complained of in Parliament A Proclamation was published declaring the Kings Resolution to make his Revenue certain by granting his Lands as well holden by Copy as otherwise to be holden in Fee-farm To the Nobles the King sent particularly to let them know That according to the Presidents of former times wherein the Kings and Queens of England upon such extraordinary occasions have had recourse to those Contributions which arose from the Subjects in general or to the private helps of some that were well affected he doth now expect from them such a large and chearful testimony of their Loyalty as may be acceptable to himself and exemplary to his people His Majesty demanded of the City of London the Loan of an Hundred thousand pounds But the peoples excuses were represented to the Council Table by the Magistrates of the City Immediately the Council sent a very strict command to the Lord Major and Aldermen wherein they set forth the Enemies strong preparations as ready for an Invasion and the Kings great necessities together with his gratious and moderate Proposals in the sum required and the frivolous pretences upon which they excuse themselves Wherefore they require them all excuses being set apart to enter into the business again and to manage the same as appertaineth to Magistrates so highly intrusted and in a time of such necessities and to return to his Majesty a direct and speedy Answer that he may know how far he may relie upon their Faith and Duty or in default thereof may frame his Counsels as appertaineth to a King in such extream and important occasions Moreover a peculiar charge was laid upon the several Ports and Maritime Counties to furnish and set out Ships for the present service The Privy Council expressing his Majesties care and providence to guard his own Coasts against attempts from Spain or Flanders by arming as well the Ships of his Subjects as of his own Navy made a distribution to every Port that with the Assistance and Contribution of the Counties adjoyning they prepare so many Ships as were appointed to them severally and in particular the City of London was appointed to set forth Twenty of the best Ships that lay in the River with all manner of Tackle Sea-stores and Ammunition Manned and Victualled for Three Moneths The Deputy Lieutenants and Justices of the Peace of Dorset having received the Kings Commandment for the setting forth of Ships from the Ports of Pool Weymonth and Lime with the assistance of Contribution from the Counties adjoyning presented to the Council Table an excuse in the behalf both of the Ports and County and pleaded That the Case was without President The Council gave them a check for that instead of Conformity they disputed the Case letting them know That State occasions and the defence of the Kingdom in times of extraordinary danger were not
Barnardiston of the County of Suffolk and William Coriton Esq of the County of Cornwal were secured in the County of Sussex Sir Harbotle Grimston of the County of Essex and Sir Robert Points were secured in Northamptonshire Iohn Hampden Esq and others of the County of Bucks were secured in Hampshire and the like course was taken with the Gentry of other Counties who refused the Loan And the Council ordered that all those Refractory persons before-named for so they are called in the Order who are appointed by his Majesties command to their several Commitments shall presently obey the Order of the Board sent with their Messenger in that behalf or be committed close prisoners any pretence of inability want of conveniency or any excuse whatsoever notwithstanding Many of those Gentlemen were afterwards sent for by Pursevants out of those Counties where they were confined by Order of the Council and committed to several Prisons some to the Fleet some to the Marshalsey and Gatehouse and others remained in the custody of the Messengers And from the Gatehouse Sir Iohn Elliot sends this Petition to his Majesty To the Kings most Excellent Majesty The humble Petition of Sir Iohn Elliot Knight Prisoner in the Gate-house concerning the Loan Sheweth THat your poor Suppliant affected with sorrow and unhappiness through the long sense of your Majesties displeasure willing in every act of Duty and Obedience to satisfie your Majesty of the loyalty of his heart then which he hath nothing more desired that there may not remain a jealousie in your Royal Brest that stubbornness and will have béen the motives of his forbearing to condescend to the said Loan low as your Highness foot with a sad yet a faithful heart for an Apology to your Clemency and Grace he now presumes to offer up the Reasons that induced him which he conceiveth necessity of his Duty to Religion Justice and your Majesty did inforce The Rule of Iustice he takes to be the Law impartial Arbiter of Government and Obedience the support and strength of Majesty the observation of that Iustice by which Subjection is commanded This and Religion added to this Power not to be resisted binds up the Conscience in an Obligation to that Rule which without open prejudice and violence of these duties may not be impeached In this particular therefore of the Loan being desirous to be satisfied how far the Obligation might extend and resolving where he was left Master of his own to become Servant to your Will he had recourse unto the Laws to be informed by them which in all humility he submitteth to your most Sacred view in the Collections following In the time of Edward the First he findeth that the Commons of that age were so tender of their Liberties as they feared even their own frée acts and gifts might turn them to a Bondage and their Heirs Wherefore it was desired and granted That for no business such manner of Aids Taxes nor Prizes should be taken but by common assent of the Realm and for the common profit thereof The like was in force by the same King and by two other Laws again Enacted That no Tallage or Aid should be taken or levied without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other Freeman of the Land And that Prudent and Magnanimous Prince Edward the Third led by the same Wisdom having granted That the greatest gift given in Parliament for the Aid and speed of his matchless undertaking against France should not be had in Example nor fall to the prejudice of the Subject in time to come did likewise adde in Confirmation of that Right That they should not from thenceforth be grieved to sustain any Charge or Aid but by the Common Assent and that in Parliament And more particularly upon this point upon a Petition of the Commons afterwards in Parliament it was established That the Loans which are granted to the King by divers persons be released and that none from henceforth be compelled to make such Loans against their Wills because it is against Reason and the Franchises of the Land and Restitution be made to such as made such Loans And by another Act upon a new occasion in the time of Richard the Third it was ordained That the Subject in no wise be charged with any such Charge Exaction or Imposition called a Benevolence nor such like Charge and that such like Exactions be damned and annulled for ever Such were the Opinions of these times for all these Aids Benevolences Loans and such like Charges exacted from the Subject not in Parliament which they held to be Grievances contrary to their Liberties and illegal and so pious were their Princes in Confirmation of their Liberties as having secured them for the present by such frequent Laws and Statutes they did likewise by them provide for their Posterity and in some so strictly that they bound the Observation with a Curse as in that of 33 Edw. 1. And also under pain of Excommunication as by the other of the Five and twentieth of the same King which was to be denounced against all those that violate or break them which Act extends to us And these Reasons he presents to your Majesty as the first Motive taken from the Law There are others also which in his humble apprehension he conceived from the Action it self which he likewise tenders to your most Excellent Wisdom First That the Carriage and Instructions accompanied with the Authority of the Great Seal imported a Constraint such Requests to Subjects being tacite and implied Commands and so preventing that readiness and love which in a frée way would have far excéeded those Demands whereas the wonted Aids given to your happy Ancestors were Ex spontanea voluntate charitate populi whereby they made that Conjunction of their Hearts at home which wrought such power and reputation to their acts abroad Whereas the firmest Obligation of that readiness and love is the benignity of Princes giving and preserving to their People just and decent Liberties which to this Kingdom are derived from the Clemency and Wisdom of your Progenitors to whom there is owing a Sacred Memory for them He could not as he feared without pressure to these immunities become an actor in this Loan which by imprisonment and restraint was urged contrary to the Grants of the Great Charter by so many glorious and victorious Kings so many times confirmed being therein most confident of your Majesty that never King that raigned over us had of his own benignity and goodness a more pious disposition to preserve the just Liberties of his Subjects then your Sacred Self Though we were well assured by your Majesties Royal Promise whose words he holds as Oracles of Truth that it should become a president during the happiness of your Raign the long continuance whereof is the daily subject of his Prayers yet he conceived from thence a fear that succeeding Ages might thereby take occasion
for Posterity to strike at the propriety of their Goods contrary to the piety and intention of your Majesty so graciously exprest And these being the true Grounds and Motives of his forbearance to the said Loan shewing such inconveniences in Reason and representing it an Act contradicting so many of your Laws and most of them by the most prudent and happiest of our Princes granted which could not without presumption beyond pardon in your Suppliant in taking to himself the Dispensation of those Laws so piously Enacted by him be violated or impeached In the fulness of all Submission and Obedience as the Apology of his Loyalty and Duty he lowly offers to your most Sacred Wisdom for the satisfaction of your Majesty most humbly praying your Majesty will be graciously pleased to take them into your Princely consideration where when it shall appear as he doubts not but from hence it will to your déep judgment that no factious humor nor disaffection led on by stubbornness and will hath herein stirred or moved him but the just Obligation of his Conscience which binds him to the service of your Majesty in the observânce of your Laws he is hopeful presuming upon the Piety and Iustice of your Majesty that your Majesty according to your innate Clemency and Goodness will be pleased to bestow him to your Favor and his Liberty and to afford him the benefit of those Laws which in all humility he craves Notwithstanding the said Petition he still continued a prisoner in the Gate-house till the general Order of Discharge came Sir Peter Hayman refusing to part with Loan-money was called before the Lords of the Council who charged him with refractoriness and with an unwillingness to serve the King and told him if he did not pay he should be put upon service Accordingly they commanded him to go upon his Majesties service into the Palatinate and having first setled his estate he undertook and performed the journey and afterwards returned into England Archbishop Abbot having been long slighted at Court now fell under the Kings high displeasure for refusing to Licence Doctor Sibthorps Sermon as he was commanded intituled Apostolical Obedience and not long after he was sequestred from his Office and a Commission was granted to the Bishops of London Durham Rochester Oxford and Doctor Laud Bishop of Bath and Wells to execute Archiepiscopal Jurisdiction The Commission as followeth CHARLS by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Right Reverend Father in God George Bishop of London and to the Right Reverend Father in God Our Trusty and Welbeloved Counsellor Richard Lord Bishop of Durham and to the Right Reverend Father in God Iohn Lord Bishop of Rochester and Iohn Lord Bishop of Oxford to the Right Reverend Father in God Our Right Trusty and Welbeloved Counsellor William Lord Bishop of Bathe and Wells Greeting WHereas George now Archbishop of Canterbury in the right of the Archbishoprick hath several and distinct Archiepiscopal Episcopal and other Spiritual and Ecclesiastical Powers and Iurisdictions to be exercised in the Government and Discipline of the Church within the Province of Canterbury and in the Administration of Iustice in Causes Ecclesiastical within that Province which are partly executed by himself in his own person and partly and more generally by several persons nominated and authorised by him being learned in the Ecclesiastical Laws of this Realm in those several places whereunto they are deputed and appointed by the said Archbishop Which several places as We are informed they severally hold by several Grants for their several lives as namely Sir Henry Martin Knight hath and holdeth by the Grants of the said Archbishop the Offices and places of the Dean of the Arches and Iudge or Master of the Prerogative Court for the Natural life of the said Sir Henry Martin Sir Charls Caesar Knight hath and holdeth by Grants of the said Archbishop the places or Offices of the Iudge of the Audience and Master of the Faculties for the term of the Natural life of the said Sir Charls Caesar. Sir Thomas Ridley Knight hath and holdeth by the Grant of the said Archbishop the place or Office of Uicar-General to the said Archbishop And Nathaniel Brent Doctor of the Laws hath and holdeth by Grant of the said Archbishop the Office or place of Commissary to the said Archbishop as of his proper and peculiar Diocess of Canterbury And likewise the several Registers of the Arches Prerogative Audience Faculties and of the Uicar-General and Commissary of Canterbury hold their places by Grants from the said Archbishop respectively Whereas the said Archbishop in some or all of these several places and Iurisdictions doth or may sometimes assume unto his personal and proper Iudicature Order or Direction some particular Causes Actions or Cases at his pleasure And forasmuch as the said Archbishop cannot at this present in his own person attend these Services which are otherwise proper for his Cognisance and Iurisdiction and which as Archbishop of Canterbury he might and ought in his own person to have performed and executed in Causes and Matters Ecclesiastical in the proper Function of Archbishop of that Province We therefore of Our Regal Power and of Our Princely Care and Providence that nothing shall be defective in the Order Discipline Government or Right of the Church have thought fit by the Service of some other Learned and Reverend Bishops to be named by Us to supply those things which the said Archbishop ought or might in the Cases aforesaid to have done but for this present cannot perform the same Know ye therefore That We reposing special Trust and Confidence in your approved Wisdoms Learning and Integrity have nominated authorised and appointed and do by these presents nominate authorise and appoint you the said George Lord Bishop of London Richard Lord Bishop of Durham John Lord Bishop of Rochester John Lord Bishop of Oxford and William Lord Bishop of Bathe and Wells or any four thrée or two of you to do execute and perform all and every those Acts Matters and things any way touching or concerning the Power Iurisdiction or Authority of the Archbishop of Canterbury in Causes or Matters Ecclesiastical as amply fully and effectually to all intents and purposes as the said Archbishop himself might have done And We do hereby Command you and every of you to attend perform and execute this Our Royal Pleasure in and touching the premisses until We shall declare Our Will and Pleasure to the contrary And We do further hereby Will and Command the said Archbishop of Canterbury quietly and without interruption to permit and suffer you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells any four thrée or two of you to execute and perform this Our Commission according to Our Royal Pleasure thereby signified And We do further Will
first to direct and make Laws There is no Law made till the King assent unto it but if it be put simply to make Laws it will make much startling at it 3. Page 10. If nothing may excuse from active obedience but what is against the Law of God or of Nature or impossible How doth this agree with the first Fundamental Position Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live This is a fourth Case of Exception 4. Page 11. The Poll-Money mentioned by him in St. Matthew was imposed by the Emperor as a Conqueror over the Iews and the execution of it in England although it was by a Law produced a terrible effect in King Richard the Second's time when onely it was used for ought that appeareth 5. Page 12. It is in the bottome view the Reign of Henry the Third and whether it be fit to give such allowance to the Book being surreptitiously put out 6. In the same Page let the largeness of those words be well considered Yea all Antiquity to be absolutely for absolute Obedience to Princes in all Civil and Temporal things For such cases as Naboths Vineyard may fâ—ll within this 7. Page 14. Sixtus Quintus was dead before the year One thousand five hundred and eighty 8. In the same Page weigh it well How this Loan may be called a Tribute and when it s said We are promised it shall not be immoderately imposed How that agreeth with his Majesties Commission and Proclamation which are quoted in the Margent It should seem that this Paper did prick to the quick and no satisfaction being thereby accepted Bishop Laud is called and he must go to answer to it in writing This man is the onely inward Counsellor with Buckingham sitting with him sometimes privately whole hours and feeding his humor with malice and spight His life in Oxford was to pick quarrels in the Lectures of the Publick Readers and to advertise them to the then Bishop of Durham that he might fill the ears of King Iames with discontents against the honest men that took pains in their places and setled the truth which he called Puritanism in their Auditors He made it his work to see what Books were in the Press and to look over Epistles Dedicatory and Prefaces to the Reader to see what faults might be found It was an observation what a sweet man this was like to be that the first observable act that he did was the marrying of the Earl of D. to the Lady R. When it was notorious to the World that she had another Husband and the same a Nobleman who had divers Children then living by her King Iames did for many years take this so ill that he would never hear of any great preferment of him insomuch that the Bishop of Lincoln Doctor Williams who taketh upon him to be the first promoter of him hath many times said That when he made mention of Laud to the King his Majesty was so averse from it that he was constrained oftentimes to say That he would never desire to serve that Master which could not remit one fault unto his Servant Well in the end he did conquer it to get him to the Bishoprick of St. Davids which he had not long enjoyed but he began to undermine his Benefactor as at this day it appeareth The Countess of Buckingham told Lincoln that St. Davids was the Man that undermined him with her Son and verily such is his aspiring nature that he will underwork any man in the World so that he may gain by it This Man who believeth so well of himself framed an Answer to my Exceptions But to give some countenance to it he must call in three other Bishops that is to say Durham Rochester and Oxford tryed men for such a purpose and the whole stile of the Speech runneth We and We. This seemed so strong a confutation that for reward of their service as well as for hope that they would do more Doctor Neal Bishop of Durham and the Bishop of Bath were sworn of the Privy Council The very day being Sunday Mr. Murrey was sent unto me with a Writing but finding me all in a sweat by a fit of the Stone which was then upon me he forbore for that time to trouble me and said That on the morrow he would repair unto me again I got me to Bed and lying all that night in pain I held it convenient not to rise the next day And on the Monday Mr. Murrey came unto me which was the Eighth time that he had been with me so uncessantly was I plyed with this noble work I had shewed it before to a friend or two whereof the one was a Learned Doctor of Divinity and the other had served many times in Parliament with great commendation We all agreed That it was an idle work of a Man that understood not Logick that evidently crossed himself that some times spake plausibly and in the end of his Sermon fell so poor and flat that it was not worth the reading Mr. Murrey coming to my Bed-side said That he was sent again by the King and had a Paper to be shewed unto me Archb. You see in what case I am having slept little all this last night but nevertheless since you come from the King I will take my Spectacles and read it Murrey No my Lord you may not read it neither handle it for I have charge not to suffer it to go out of my hands Archb. How then shall I know what it is Murrey Yes I have order to read it unto you but I may not part with it Archb. I must conceive that if I do not assent to it his Majesty will give me leave to reply upon it which I cannot do but in my Study for there are my Books Murrey I must go with you into your Study and sit by you till you have done Archb. It is not so hasty a work it will require time and I have not been used to Study one sitting by me but first read it I pray you The yong Gentleman read it from the one end to the other being two or three sheets of Paper Archb. This Answer is very bitter but giveth me no satisfaction I pray you leave the Writing with me and I shall batter it to peeces Murrey No my Lord I am forbidden to leave it with you or to suffer you to touch it Archb. How cometh this about Are the Authors of it afraid of it or ashamed of it I pray you tell his Majesty that I am dealt with neither Manly nor Schollar-like Not Manly because I must fight with Adversaries that I know not not Shollar-like because I must not see what it is that must confute me It is now Eight and forty years ago that I came to the University and since that time I have ever loved a Learned Man I have disputed
and written divers Books and know very well what appertaineth to the Schools This is a new kinde of Learning unto me I have formerly found fault that the Author of this Sermon quoteth not the places whereupon he grounds his Doctrine and when I have oft called for them it is replied unto me that I must take them upon the credit of the Writer which I dare not do for I have searched but one place which he quoted in general but sets down neither the words nor the Treatise nor the Chapter and I finde nothing to the purpose for which it is quoted and therefore I have reason to suspect all the rest I pray you therefore in the humblest manner to commend my service to the King my Master and let him know that unless I may have all the Quotations set down that I may examine them and may have that writing wherein I am so ill used I cannot allow the Book Before I go further it shall not be amiss to touch some particulars of that which I sent in writing to the King The first was Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative To this Mr. Murrey said The King doth not plead it But my Reply was By what then doth he coerce those Refractories for I have not heard of any Law whereby they are imprisoned and therefore I must take it to be by the Kings Prerogative To the second Page 8. The Kings duty is first to direct and make Laws There is no Law made till the King assent unto it but if it be put simply to make Laws it will cause much startling at it To this I remember not any material thing answered neither to the third Page 10. If nothing may excuse from active obedience but what is against the Law of God or of Nature or impossible How doth this agree with the first Fundamental Position Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live This is a fourth Case of Exception And here before I go to the rest the Doctor did truly hit upon a good point in looking to the Laws and Customs if he could have kept him to it for in my memory and in the remembrance of many Lords and others that now live Doctor Haresenet the then Bishop of Chichester and now of Norwich in Parliament time Preached a Sermon at Whitehal which was afterward burned upon the Text Give unto Caesar the things that be Caesars Wherein he insisted That Goods and Money were Caesars and therefore they were not to be denied unto him At this time when the whole Parliament took main offence thereat King Iames was constrained to call the Lords and Commons into the Banqueting-house at Whitehal and there his Majesty calmed all by saying The Bishop onely failed in this when he said the Goods were Caesars he did not adde They were his according to the Laws and Customs of the Countrey wherein they did live So moderate was our Caesar then as I my self saw and heard being then an eye and ear witness for I was then Bishop of London To the fourth The Poll-Money in St. Matthew was imposed by the Emperor as a Conqueror over the Iews and the execution of it in England although it was by a Law produced a terrible effect in King Richard the Second's time when onely it was used for ought that appeareth Here the Bishop in the Paper excepted divers things as That sometimes among us by Act of Parliament strangers are appointed to pay by the Poll which agreeth not with the Case and that it was not well to bring examples out of weak times whereas we live in better but that it was a marvelous fault the blame was not laid upon the Rebels of that Age. Those are such poor things that they are not worth the answering But my Objection in truth prevailed so far that in the Printed Book it was qualified thus Poll-Money other persons and upon some occasions where obiter I may observe That my refusing to sign the Sermon is not to be judged by the Printed Book for many things are altred in one which were in the other To the fifth Page 12. It is in the bottome view the Reign of Henry the Third whether it be fit to give such allowance to the Book being surreptiously put out To this it was said That being a good passage out of a blame-worthy Book there was no harm in it But before the Question of Sibthorps Treatise the Bishop of Bathe himself being with me found much fault with that Treatise as being put out for a scandalous Parallel of those times To the sixth in the same Page Let the largeness of those words be well considered Yea all Antiquity to be absolutely for absolute Obedience to Princes in all Civil or Temporal things For such Cases as Naboths Vineyard may fall within this Here the Bishop was as a man in a rage and said That it was an odious comparison for it must suppose that there must be an Ahab and there must be a Iezabel and I cannot tell what But I am sure my Exception standeth true and reviling and railing doth not satisfie my Argument All Antiquity taketh the Scripture into it and if I had allowed that proportion for good I had been justly beaten with my own Rod. If the King the next day had commanded me to send him all the Money and Goods I had I must by mine own rule have obeyed him and if he had commanded the like to all the Clergy-men in England by Doctor Sibthorps proportion and my Lord of Canterburies allowing of the same they must have sent in all and left their Wives and Children in a miserable case Yea the words extend so far and are so absolutely delivered That by this Divinity if the King should send to the City of London and the Inhabitants thereof commanding them to give unto him all the wealth which they have they were bound to do it I know our King is so gratious that he will attempt no such matter but if he do it not the defect is not in these flattering Divines who if they were called to question for such Doctrine they would scarce be able to abide it There is a Meum and a Tuum in Christian Commonwealths and according to Laws and Customs Princes may dispose of it that saying being true Ad Reges potestas omnium pertinet ad singulos proprietas To the seventh Page 14. Pius Quintus was dead before the year One thousand five hundred and eighty They make no Reply but mend it in the Printed Book changing it into Gregory the Thirteenth To the last in the same Page weigh it well How this Loan may be called a Tribute and when it is said We are promised shall not be immoderately imposed How that agreeth with his Majesties Commission and Proclamation which are quoted in the Margent
hear one day So when your Soveraign in the Parliament time had spoken sharply to both Houses commanding them to go together again and to give more money and commanding them to meddle no more with the Duke of Buckingham you came the next day and thought to smooth all taking the glory of qualifying disturbances to your self whereas if you had read Books of true State Government wherewithal you are not acquainted sweet things are personally to be acted by Kings and Princes as giving of Honors and bestowing of noted benefits and those things that are sour and distasting are to be performed by their Ministers you go the contray way But as before the whole House falleth on fire some sparks do flie out So before the Message of the King was brought me by the Secretary there were some inklings that such a thing would follow And upon the naming of me by occasion it was said by a Creature of the Dukes That it would not be long before the Archbishop should be sequestred that was the word So well acquainted are the Dukes followers with great actions that are likely to fall out in State Accordingly on Tuesday the Fist of Iuly One thousand six hundred twenty and seven the Lord Conway came unto me to Croyden before Dinner time having travelled as he said a long journey that morning even from Oatlands thither he would say nothing till he had dined then because he was to return to Oatlands that night I took him into the Gallery and when we were both sat down we fell to it in this manner MY Lord I know you coming from Court have somewhat to say to me Secretary It is true my Lord and I am the most unwilling man in the World to bring unpleasing news to any person of quality to whom I wish well and especially to such a one as of whose Meat I have eaten and been merry at his House But I come from the King and must deliver his pleasure I know who you are and much more with very civil language Archb. I doubt not my Lord but you have somewhat to say and therefore I pray you in plain terms let me have it Secre. It is then his Majesties pleasure that you should withdraw your self unto Canterbury for which he will afford you some convenient time Archb. Is that it then I must use the words of the Psalmist He shall not be afraid of any evil tydings for his heart standeth fast and believeth in the Lord. But I pray you what is my fault that bringeth this upon me Secre. The King saith you know Archb. Truly I know none unless it be that I am lame which I cannot help it is against my will and I am not proud of it Secre. The King bad me tell you That if any expostulation were used Archb. No I will not use any expostulation if it be his pleasure I will obey I know my self to be an honest man and therefore fear nothing But my Lord do you think it is for the Kings service in this sort to send me away Secre. No by God! I do not think it and so yesterday I told the King with an Oath but he will have it so Archb. I must say as before He shall not be afraid of any evil tidings for his heart standeth fast and he believeth in the Lord. But I pray you my Lord is the King precisely set upon my going to Canterbury there are questions in Law between me and that Town about the Liberties of my Archbishoprick which I by my Oath am bound to maintain and if I should be among them I have many Adversaries of the Citizens I have there some Tenants and the Dean and Chapter are interessed in the Question I would be unwilling that my Servants and their people should fall together by the ears while I am in the Town His Majesty knoweth this difference to be between us by the token that a Suit which I lately brought against them by a Quo Warranto in the Kings Bench was stopped Justice being denied me which is not usual to be denied to any Subject and the King well knoweth by whose means it was stayed I have therefore another House called Foord Five Miles beyond Canterbury and more out of the way his Majesty may be pleased to let me go thither Secre. I can say nothing to that but I will acquaint the King with it and I conceive nothing to the contrary but that his Majesty will yield so much unto you I have a second Charge to deliver unto you and that is That his Majesty will not have you from henceforth to meddle with the High Commission he will take care that it shall be done otherwise Archb. I do not doubt but it shall be better managed then it hath been by me And yet my Lord I will tell you that for these many years that I have had the direction of that Court the time is to come that ever honest man did finde fault that he had not there Justice done Secre. It is now Vacation time and so consequently little to do and by Michaelmas his Majesty may set all in order Archb. I am sorry that the King proceedeth thus with me and letteth me not know the cause Secre. Although I have no Commission to tell you so it is for a Book which you would not allow which concerned the Kings Service Archb. If that be it when I am questioned for it I doubt not but to give an honest Answer Secre You will never be questioned for it Archb. Then am I the more hardly dealt withal to be censured and not called to my Answer Secre. Well my Lord I will remember that of Foord and will your Grace command me any more Service Archb. No my Lord but God be with you onely I end where I began with the words of the Prophet He shall not be afraid for any evil tydings for his heart standeth fast and believeth in the Lord. It comforted me not a little that the word was now out My confining must be for not allowing of a Book I had much ado to forbear smiling when I heard it because now it was clear it was not for Felony or Treason that was laid to my charge nor for intelligence with the Spaniards or French nor for Correspondency with Jesuites or Seminary Priests or any other grievous crime I thank God for that I had almost forgotten that among many other memorable Speeches that passed between us I used this one That peradventure the King might be offended at me because I was no more present at the matter of the Loan but said I my lameness hindered me therein and I hoped thereby to do my Master better service because if ever course be taken to reconcile the King and his people which if it be not this Kingdom will rue it in the end I would hope among many other to be a good Instrument therein since my hand hath not been in those bitternesses which
have of late faln out You say well saith the Secretary Would you that I should tell the King so much Yea said I if you please I hold it not unfit that his Majesty should know it What he reported therein I do not know but matters proceeded in the former course as if there were no regard had of any such thing The Lord Conway being gone from me for two or three days I expected to hear the resolution to what place in Kent I should betake my self and receiving no news I tossed many things in my minde as perhaps that the King desired to hear somewhat from the Duke how he sped in his journey or that peradventure he might alter his purpose upon report of my ready obeying or that it might so fall out that some of the Lords at the Court understanding upon the Secretaries return from Croyden that which was formerly concealed from them might infuse some other Councils into the King These thoughts I revolved at last not forgetting the courses of the Court and imprinting that into my heart That there was no good intended towards me but that any advantage would be taken against me I sent a man to Whitehal whether the King was now come for a night or two and by him I wrote to the Lord Conway in these words My very good Lord I Do not forget the Message which you brought unto me on Thursday last and because I have heard nothing from you since that time I send this Messenger on purpose to know what is resolved touching the House or Houses where I must remain there belong to the Archbishoprick three Houses in Kent one at Canterbury another Five Miles beyond called Foord and a third on the side of Canterbury but two Miles of the name whereof is Becksburn I pray your Lordship to let me know his Majesties pleasure Whether he will leave the choice of any of those Houses to me to reside in I have reason to know the resolution hereof because I must make my Provision of Wood and Coals and Hey for some definite place and when I shall have brewed it is fit I should know where to put it or else it will not serve the turn It is an unseasonable time to Brew now and as untimely to cut Wood being green in the highest degree and to make Coals without all which my House cannot be kept But when I shall know what must be my Habitation I will send down my Servants presently to make the best Provision that they can And so expecting your Lordships Answer I leave you to the Almighty and remain Your Lordships very loving Friend G. Cant. Croyden Iuly 10. 1627. He made my Servant stay and when he had gone up to know the Kings further pleasure he returned me the Answer following May it please your Grace I Am ashamed and do confess my fault that I wrote not to your Grace before I received your Reproof though a Gratious one but in truth I did not neglect nor forget But the continual oppression of business would not permit me to advertise to your Grace the Kings Answer His Majesty heard seriously your Professions and Answers and commanded me to signifie unto you That he knew not the present differences between you and the Town and if he had he would not have cast you into that inconvenience He was well pleased you should go to your house at Foord and said He did not expect when the Question was ended between your Grace and the Town that you should go to Canterbury And he further said He would not tye you to so short a time as might be any way inconvenient but doth expect that your Grace will govern it so as his Majesty shall not need to warn you a second time I will not fail to move his Majesty to give you Liberty to chuse either of your Houses you name and give you knowledge of his pleasure and in all things be ready to obey your Commandments or take occasion to serve you in the condition of Your Graces most humble Servant Conway Whitehal Iuly 10. 1627. I could not but observe therein that passage That the King doth expect that your Grace will govern it so as his Majesty shall not need to warn you a second time I needed no Interpreter to expound those words and therefore did take order that one of my Officers was presently dispatched unto Foord to see the House ready While Necessaries were caring for and I lay for some days at Croyden and afterwards at Lambeth the City of London was filled with the Report of my confining for so they did term it and divers men spake diversly of it I will not trouble my self to mention some idle things but some other of them require a little consideration A main matter that the Duke was said to take in ill part was the resort which was made to my House at the times of Dinner and Supper and that oftentimes of such as did not love him My Answer unto that is That by Nature I have been given to keep a House according to my Proportion since I have had any means and God hath blessed me in it That it is a property by Saint Paul required in a Bishop That he should be given to Hospitality that it is another of his Rules Let your Conversation be without Covetousness and those things I had in mine eyes Besides I have no Wife nor Childe and as for my Kinred I do that for them which I hold fit but I will not rob the Church nor the Poor for them Again It is so rare a fault in these days that men not feeding on the Kings Meat but of their own charge should frankly entertain their Friends when they come unto them that I deserve to be pardoned for it But this is not all When King Iames gave me the Bishoprick he did once between him and me and another time before the Earl of Salisbury charge me that I should carry my House Nobly that was his Majesties word and live like an Archbishop which I promised him to do And when Men came to my House who were of all civil sorts I gave them friendly entertainment not sifting what exceptions the Duke made against them for I knew he might as undeservedly think ill of others as he did of me But I meddled with no mans quarrels and if I should have received none but such as cordially and in truth had loved him I might have gone to Dinner many times without company There frequented me Lords Spiritual and Temporal divers Privy Counsellors as occasion served and Men of the highest rank where if the Duke thought that we had busied our selves about him he was much deceived Yet perhaps the old saying is true That a Man who is guilty of one Evil to himself thinketh that all men that talk together do say somewhat of him I do not envy him that happiness but let it ever attend him As for
get them to a Rendevouz and when they were come to a Rendevouz and he ready to set sail with the whole Fleet the winds proved contrary But some of the chief Commanders when they came into England spake somwhat loudly of other miscarriages at Rhee pleading much on the behalf of the Council of War And now when the unfortunate Action of Rhee was known and published throughout the Nation the cry of the People was so great and the Kings necessities so pressing that it was in every mans mouth A Parliament must needs be summoned For we have now provoked two potent neigbor Kings and near Enemies our Coasts and Ports were unguarded our able Commanders worne away or not imployed The Mariners come in multitudes to the Court at Whitehall in great disorder and confusion crying out for Pay and much ado there was to appease them The Enemies come into our Harbors survey our Rivers and the Fishermen can scarce look out A vast number of our Ships have been lost and taken in the three years past and the Merchants cease to build more because they were prest for the Kings service at a low rate and not paid and the Mariners flee from their own imployment fearing to be prest again And our Enemies grow upon us especially in the Eastern Countries We give you here a brief Account of such Arrearages as were behind and unpaid for Freight of Ships Seamens Wages and Materials for Shipping in the Years 1625 1626 1627. FOr freight of Merchants and Newcastle-Ships imployed in his Majesties service and for several Bills of provisions yet unpaid in the years 1625 1626 according to the former Estimates Privy-seals passed for the same l. 60000 s. 00 d. 00 For the freight of sundry Merchants and newcastle-Newcastle-ships imployed in his Majesties service to the Isle of Rhee and other places in the year 1627 19560 12 04 For Seamens wages in the same year 1627 ending the last of this moneth 61957 19 08 The repairing of the Hulls Masts of the said Ships to make them fit only for imployment in the Narrow-Seas together with repair and for setting forth of the Nostredame and Sea-waller two Prise-ships 05761 10 04 For repairing the said Ships mentioned in the margin for their Hulls Masts c. at 1000 marks apeece 08000 00 00 For supply of 700 Tuns of Cordage taken out of his Majesties Stores for furnishing to Sea of several Fleets at 26 l. 13 s. 4 d. per Tun being demanded upon several Estimates to be made good at the end of each service and yet unpaid 18666 13 04 Besides these Arrears there were Demands made by the Navy for supplying the Stores with Mast Timber Plank Deal Sales Ropes Tar Tallow Iron Anchors c. the Sum of 26000 00 00 The Rochellers after the Dukes arrival in England sent their Deputies to his Majesty for succor and relief in their distressed condition and presented their Desires in nature of a Remonstrance to the King and the Lords of the Council wherein they gave his Majesty most humble thanks for the great assistance and comfort they had received by the Fleet sent in Iuly last whereof the Duke of Buckingham was Admiral which would have been of greater assistance unto them had the season of the year permitted their stay longer there or that the supply of Victuals and Ammunition had come unto them which his Majesty had assigned That they are given to understand that there is application made to the King of Denmark to propound the making of a Peace between the two Crowns of England and France a thing to be wished if really intended But the Proceedings of France with the Reformed Churches there hath hitherto been such as when they spake most fair and nothing but Peace uttered nothing less was intended and great advantages thereby have been taken against the Reformed Churches But in case the Treaty do proceed they humbly prayed that then his Majesty will be pleased to insist upon the Capitulation which was made upon his mediation and for which he passed his word that the Reformed Churches should perform on their part which they kept inviolable till there were Forces placed and kept in Forts against them contrary to Capitulation and more Forces drawn down in order to the reduction of the Remonstrants and a Fleet unexpectedly come upon them to destroy their Navigation when nothing on their part was offered in violation of the Treaty They did further remonstrate That now the Forces of France are breaking down apace about them totally to block them up by Land and do intend to make a Barracado cross the Channel leaving a narrow passage for the flux and reflux of the Sea and by that means to stop all manner of Provisions by Sea which evidently remonstrates their further ruine if they with all expedition have not succor and help from his Majesty of Great Britain For their necessities and straits are very great already by reason their Magazines are consumed their monies spent and the Inhabitants reduced to small allowances And therefore do beseech his Majesty with all possible diligence to send them supply of all sorts of Provisions fit for a Siege and to succor them once more with the Navy-Royal to interrupt the blocking up of the River otherwise they are inevitably lost And lastly they did humbly beseech his Majesty and the Lords of his Council to have also so far pity of their indigencie and need as to permit a General Collection to be made in England and Scotland of such persons whom God shall move to contribute to their succor and relief And declare that they are resolved still to hold out hoping yet a Relief would come that might be of advantage unto them and they were assured thereof by the Duke of Buckingham at his departure that he would once more come in person to their assistance In this state of Affairs it is said Sir Robert Gotton being thereunto called presented his Advice to certain Lords of the Council in manner following AS soon as the House of Austria had incorporated it self with Spain and by their new Discoveries gotten to themselves the Wealth of the Indies They began to affect and have ever since pursued a Fifth Monarchy The Emperor Charls would lay the first Foundation of Italy by surprising Rome From this he was thrust by force and respect of Religion Hen. 8. being made Caput Foediris against him He then attempted High-Germany practising by faction and force to reduce them first to Petty States and so to his absolute power In this Hen. 8. again prevented him by laying the Lutheran Princes under this Confederacie and assistance His Son the Second Philip pursued the same Ambition in the Netherlands of Germany by reduction whereof he intended to make his way further into the others This the late Queen of England interrupted by siding with the afflicted people on the one part and making herself the Head of the
attendeth the humor of the heedless Multitude that are full of jealousie and distrust and so unlike to comply to any unusual Course of Levy but by force which if used the effect is fearful and hath been fatal to the State Whereas that by Parliament resteth principally on the Regal person who may with ease and safety mould them to his fit designs by a gracious yielding to their just desires and Petitions If a Parliament then be the most speedy assurance and safe way it is fit to conceive what is the fairest way to act and work that to the present need First for the time of usual Summons Forty days reputed to be too large for this present Necessity it may be by dating the Writs lessened since it is no positive Law so that a care be had that there may a County-day after the Sheriff hath received the Writ before the time of sitting If then the Sum to be levied be once granted and agreed of for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively who under such assurance may safely give Security proportionable to the Receipts to such as shall adventure in present for the Publick service any Sums of money The last and weightiest Consideration if a Parliament be thought fit is How to remove or comply the Differences between the King and Subjects in their mutual demands And what I have learned amongst the better sort of the Multitude I will freely declare that your Lordships may be the more enabled to remove and answer those Distrusts that either concern Religion publick safety of the King and State or the just Liberty of the Commonwealth Religion is a matter that they lay nearest to their Consciences and they are led by this ground of jealousie to doubt some practices against it First for that though the Spanish Match was broken by the careful industry of my Lord of Buckingham out of his religious care as he then declared that the Articles there demanded might lead to some such Sufferance as might endanger the quiet if not the state of the Reformed Religion here yet there have when he was an Actor principal in the Conditions of France as hard if not worse to the preservation of our Religion passed then those with Spain And the suspect is strengthened by the close keeping of this Agreement and doubt in them of his affection in that his Mother and others many his Ministers of near imploiment about him are so affected They talk much of his advancing men Popishly devoted to Places in the Camp of nearest service and chief Command and that the Recusants have got these late years by his power more courage and assurance then before If to clear these doubts which perhaps are worse in fancie then in truth he take a course it might much advance the Publick service against the squeamish humors that have more of violent Passion then of setled Judgment and are not the least of the opposite number in the Commonwealth The next is The late misfortunes and losses of Men Munition and Honor in the late Undertakings abroad which the more temperate spirits impute to want of Council and the more sublime Wits to Practice They begin with the Palatinate and lay the fault of the loss thereof on the imputed Credit of Gondomar distrusting him for the staying of supply to Sir Horatio Vere when Colonel Cecil was cast on that imployment by which the King of Spain became Master of the Kings Childrens Inheritance And when Count Mansfield had a Royal supply of Forces to assist the Princes of our party for the recovety thereof either Plot or Error defeated the enterprise for us to Spains advantage That Sir Robert Mansfields Expedition to Algiers should purchase only the security and guard of the Spanish Coasts To spend many Hundred thousand pounds in the Cadiz-Voyage against the Advice in Parliament only to warn the King of Spain to be in readiness and so our selves weakned is taken for a sign of an ill affection amongst the Multitude The spending of much Munition Victuals and Money in my Lord Willoughbies Journey is counted an unthrifty error in the Director of it To disarm our selves in fruitless Voyages may seem a plot of danger It was held not long ago a fundamental Rule of our Neighbors and our Security by the old Lord Burleigh That nothing can prevent the Spanish Monarchy but a Fastness of those two Princes whose Amity gave countenance and courage to the Netherlands and German-Princes to make head against his Ambition And we see by this disunion a fearful Defeat hath happened to the King of Denmark and that party to the advantage of the Austrian Family And this waste of Publick Treasure in fruitless Expeditions will be an important Cause to hinder any new Supply in Parliament Another fear that may disturb the smooth and speedy passage of the Kings desires in Parliament is the vast waste of the Kings livelihood whereby is like as in former times to arise this jealousie and fear That when he hath not of his own to support his ordinary Charge for which the Lands of the Crown were setled unalterable and called Sacrum patrimonium Principis that then he must needs of necessity rest upon those assistances of the people which ever were only collected and consigned for the Commonwealth from whence it is like there will be no great labor and stiffness to induce his Majesty to an Act of Resumption since such desires of the State have found an easie way in the will of all Princes from the Third Henry unto the last But that which is like to pass the deepest into their Disputes and care is the late Pressures they supposed to have been done upon the Publick Liberty and Freedom of the Subject in commanding their Goods without assent by Parliament imprisoning and confining their Persons without special Cause declared and that made good against them by the Judges lately and pretending a Writ to command their attendances in Forein war All which they are like to enforce as repugnant to any positive Laws Institutions and Customary Immunities of this Commonwealth And these dangerous distastes to the people are not a little improved by the unexampled course as they conceive of retaining an Inland Army in Winter-season when former times of general fear as in Eighty eight produced none such And makes them in their distracted fears to conjecture idly it was raised wholly to subject their Fortunes to the will of Power rather then of Law and to make good some further breach upon their Liberties and Freedoms at home rather then defend us from any force abroad How far such Jealousies if they meet with any unusual disorder of lawless Soldiers are an apt distemper of the loose and needy Multitude which will easily turn away upon any occasion in the State that they can side withall as a glorious pretence of Religion and Publick safety when their true
it should be required of them and yet they to suffer all injuries from the hands of strange Souldiers when the meanest boy in the Island is taught to mannage Arms better then the best of them that are there billetted No but they would rather have thought it discretion upon the return of those voyages to have caused the men to repair to the place where they were pressed and to have ordered that each Parish should have set them on work for their maintenance with command to be ready upon warning to repair to the place of Rendezvous There is no place or part in England so remote from the Sea but they might have resorted to the Port assigned before the Ships could be furnished or drawn together They would have thought it more wisdom to have retired to their own Harbors and to have had their men discharged then to have continued this needless and expencefull course that is taken They would have judged it better to have supplied the Isle of Weight with Two thousand men out of the main Land when they feared any evil to the Island then to send for them out of Scotland and to keep them in continual entertainment They would have thought it more fit to have returned the barbarous Irish into the Country from whence they came then to make them a vexation to the places and parts where they remain seeing no shadow of reason can be pretended for it England wants no men and hath as good and able men as either of the other two Nations if his Majesty had occasion to use them England with small charge can raise what men his Majesty pleaseth to command and that suddenly and discharge them again without trouble or charge as quickly The wise men of England would have thought Two or three hundred thousand pounds better spared then thus wastfully consumed and disorders committed we may compute it to that sum and yet keep our selves within compass And notwithstanding the want of Money and the wayes to exact it of the Subject is all the Song now sung He that sees and complains of the evil mannaging of things is either imprisoned banished the Court or censured for a Discontent There is no Englishman but knoweth the heart of every other true heated Englishman and with one consent will all obey our Prince and to his person we owe all due reverence and we may truely say no King is more happy in Subjects for their love nor no Subjects readier to serve their King with their purses and persons nor never people was better blest with a King who is endued with all kinde of vertues and stained with no manner of vice False Informers and Misguiders of good Kings are much more perilous then if Princes themselves were evil for commonly as worms breed soonest in soft and sweet wood so are the best natures inclined to Honor and Justice soonest abused by false Flatterers The evil they commit under the Authority of good Princes is accounted as done by the Prince himself but commonly such people in the end pay for it for he that desires not to do good cannot be wise but will fall into Four thousand Follies One of the first Propositions made to the House will be for Money to support his Majesties vast expence at this time that the Enemy threatens thunder against the Kingdom Your often alarms upon such pretences may make you now too secure for true it is that the last Parliament books were published of invincible Preparations intended against us and nothing came of it But beware you be not deceived by an old saying That when one usually tells lyes he is not trusted when he speaks truth for certainly the danger is much more then by the power and greatness of another Enemy In this case you must give for your own sakes that so you may be sure to enjoy what is yours for your Soveraigns sake to maintain his greatness and state and for your Countries sake to keep it from oppression of the Enemy but withall you ought to lay down the condition of the Kingdom and to shew that your necessity cannot run paralel with your hearts and your desires that your mindes will be carried with a willingness to give but your hands will keep back your hearts for want of ability to give Themistocles demanding Tribute of the Athenians told them he brought two Gods with him that is to say Perswasion and Violence They answered that they had two other Gods in their Country both great and powerfull which were Poverty and Impossibility which hindred them from giving We may truely say that God hath so placed and seated this Isle of England that nothing but evil counsel can hurt it But true it is advice that is not warranted from wise men may prove more forcible and perilous then the power of an Enemy The Scripture telleth us that the thought perisheth that taketh not counsel A King of the Lacedemonians asked how a Kingdom might ever stand and was answered two wayes if a King take counsel of wise honest men and they speak freely and do Justice uprightly There was never Censor that judged Senator that ordered Emperor that commanded Council that executed Orator that perswaded nor any other mortal man but sometimes he committed Errors and deserved either blame or punishment for his misdoings and if he were wise desired advice what to do St Gregory saith No man can give so faithfull counsel as he who loves one more then his gifts Then who are or can be so true Councellors to our Noble King as a House of Commons that hath no relation to a Kings gift but only to his Honor flourishing estate and safety This is the time to amend evil Counsels past and to let evil Councellors see their Errors This is the time for all men to put to their helps some with their hands to fight others with their advice to counsel And for my Advice this it is That you present to his Majesty in all humbleness your willing mindes and hearts to repair and fit to Sea his Majesties Navy your selves to have power to make them able and serviceable with the advice of experienced men that you may call unto you This is a matter of great importance at this present for the safety of King Realm and Subject for the strength of the Kingdom much depends upon this Bulwark which we may well term The Walls of England His Majesty shall finde himself much eased by it Businesses shall be carried without his trouble or care Money shall not be sought for to that end but provided by you his Majesty may dispose of the rest of his Revenue at his pleasure By your frugality and husbandry his Majesty shall have occasion to judge of things past of yours in present and hereafter it will serve for a President to walk after it will stop the mouthes of Malignant tongues that inform his Majesty of the unwillingness of the Subject to give and it will make it
apparent that their true grief is not in the matter of giving but to see the Evil imploying of it when it is given If any man shall pervert this good meaning and motion of yours and inform his Majesty 't is a derogation from his Honor to yield to his Subjects upon Conditions His Majesty shall have good cause to prove such mens Eyes malitious and unthankfull and thereby to disprove them in all their other Actions For what can it lessen the Reputation of a Prince whom the Subject onely and wholy obeyeth that a Parliament which his Majesty doth acknowledge to be his highest Council should advise him and he follow the advice of such a Council What dishonor rather were it to be advised and ruled by one Councellor alone against whom there is just exception taken of the whole Commonwealth Marcus Portio saith That that Commonwealth is everlasting where the Prince seeks to get obedience and love and the Subjects to gain the affection of the Prince and that Kingdom is unhappy where their Prince is served out of ends and hope of Reward and hath no other assurance of them but their service Thursday the 20 of March the House setled their grand Committees for Religion Grievances Courts of Justice and Trade and agreed upon a Petition to the King for a Fast unto which the Lords also consented Most gracious Soveraign WE your most humble and loyal Subiects the Lords Spiritual and Temporal in this present Parliament assembled upon a tender and compassionate sence of the extream Calamities of the Reformed Churches abroad and with much sorrow apprehending the displeasure of Almighty God declared against our selves the manifold evils already faln upon us and those which are further threatned as by your sacred Majesty was intimated unto us even to the utter destruction and subversion of this Church and State and which our sins have justly deserved and being now by your Majesties gracious favor assembled in Parliament as the Great Council of this your Kingdom to consult of such means as we think fittest to redress the present and prevent the future evils wherein we through Gods blessing intend to imploy our utmost endeavors humbly beseech your Majesty that by your special Command one or more days may be forthwith solemnly set apart wherein both our selves and the whole Kingdom may by fasting and prayers seek reconciliation at the hands of Almighty God and with humble and penitant hearts beseech him to remove those miseries that lie upon us our neighbor Churches to avert those which are threatned to continue the favors we yet enjoy and particularly to bestow his abundant blessing upon your Majesty and this present Parliament so that all our Counsels and Resolutions being blessed by his Divine assistance may produce much honor and safety to your Majesty your People and Allies Saturday the 22 of March was spent in opening the grievances and state of the Kingdom as billeting of Soldiers Loans by Benevolences and Privy-Seal and the imprisoning certain Gentlemen who refused to lend upon that account who afterwards bringing their Habeas Corpus were notwithstanding remanded to prison nor did the House encline to Supply his Majesty till these Grievances were redressed To which purpose Sir Francis Seimour thus began This is the great Council of the Kingdom and here if not here alone his Majesty may see as in a true glass the state of the Kingdom we are called hither by his Majesties writs to give him faithful counsel such as may stand with his honor but this we must do without flattery we are sent hither by the Commons to discharge that trust reposed in us by delivering up their just grievances and this we must do without fear let us not therfore be like Cambyses Judges who being demanded of their King whether it were not lawful for him to do what in it self was unlawful They rather to please the King then to discharge their own consciences answered that the Persian Kings might do what they listed This base flattery tends to mischief being fitter for reproof then imitation and as flattery so fear taketh away the judgment let us not then be possessed with fear or flattery of corruptions the basest For my own part I shall shun both these and speak my conscience with as much duty to his Majesty as any man but not neglecting the Publick in which his Majesty and the Commonwealth have an Interest But how can we shew our affections whilst we retain our fears or how can we think of giving of Subsidies till we know whether we have any thing to give or no for if his Majesty be perswaded by any to take from his Subjects what he will and where it pleaseth him I would gladly know what we have to give It s true it is ill with those Subjects that shall give Laws to their Princes and as ill with those Princes which shall use force with those Laws that this hath been done appeareth by the billetting of Soldiers a thing no way advantageous to his Majesties service but a burden to the Commonwealth This also appeareth by the last Levy of money against an act of Parliament Again Mr Speaker what greater proof can there be of this then the imprisonment of divers Gentlemen for the Loan who if they had done the contrary for fear their fault had been as great as theirs that were the Projectors in it and to countenance these Proceedings hath it not been preached or rather prated in our pulpits that all we have is the Kings Iure Divino say these time-servers they forsake their own function and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick and Mr Speaker wee see how easie it is for a Prince how just and good soever to be abused in regard he must see with other mens eyes and hear with other mens ears Let us not flatter his Majesty it is too apparent to all the world the King and people suffer more now then ever His Majesty in his Affairs abroad and his People in their Estates at home But will you know the reason of all this let us look back to the Actions of former Princes and we shall find that those Princes have been in greatest want and extreamity that exacted most of their Subjects and most unfortunate in the choice of their Ministers and to have failed most in their undertakings happy is that Prince that hath those that are faithful of his Council That which his Majesty wanted in the management of his Affairs concerning France and Spain I am clear was his want of faithful Council to advise The reason is plain a Prince is strongest by faithfull and wise Council I would I could truly say such have been imployed abroad I will confess and still shall from my heart he is no good Subject nor well affected to his Majesty and the State that will not willingly and freely lay down his life
Decemviri there is some Claudius Appius that seek their own revenges we complain of Loans and Impositions but when Deputy Lieutenants may send warrants to imprison our persons at pleasure if we pay not what they sent for it concern us to preserve the Country in Freedom and to consider of this kind of people There is now necessity brought in for an argument all know that necessity is an armed man and that necessity is an evil Councellor I would we had never known that Council we are almost grown like the Turks who send their Janizaries who place the Halberd at the door and there he is master of the house We have Soldiers billetted and warrants to collect money which if they do not the Soldiers must come and rifle The Romans sending one into Spain found no greater complaint then the discontent that did arise from Soldiers placed amongst them I would you would look into Fortescue where he puts the Prince in minde what misery he saw where Soldiers were put upon the people But saith he No man is forced to take Soldiers but Inns and they to be paid by them I desire we resort to his Majesty for redress and to reduce all into bounds The other way of Grievance is a Judgement in a legal course of proceeding we have had three Judgements of late times all exceeding one another in prejudice of the Subject The first was That that was judged in all formality the Postnati Case which people I honor for we finde many of them love us more then we do our selves I do not complain of it but onely mention it The other Judgement was for Impositions which was given in the Exchequer and this House two times after damned that Judgement how remiss our eyes are upon that I grieve to see There is a Judgement if I may so call it a fatal Judgement against the Liberty of the Subject Mich. 3. Car. in Sir Iohn Heveninghams case argued at the Bar and pronounced but by one alone I can live although another without title be put to live with me nay I can live although I pay Excises and Impositions for more then I do but to have my liberty which is the soul of my life taken from me by power and to be pent up in a Goal without remedy by Law and this to be so adjudged to perish in Goal O Improvident Ancestors Oh unwise forefathers to be so curious in providing for the quiet possession of our Lands and Liberties of Parliament and to neglect our persons and bodies and to let them die in prison and that durante beneplacito remediless If this be Law what do we talk of our Liberties why do we trouble our selves with the dispute of Law Franchises Propriety of goods It is the Summa totalis of all miseries I will not say it was erroneous but I hope we shall speak our minds when that Judgment comes here to be debated What may a man call his if not Liberty Having passed in some confusion in the fashion of my deâ—â—very I conclude We will consider two particulars his Majesty and his People his Majesty cals to us and craves our assistance to revive again his Honor and the Honor of the Nation The people send us as we hope with that direction that we shall return to them with that Olive-branch that assurance of being free from those calamities under which they can hardly breathe Our sins have brought on us those miseries let us all bring our Portion to make up the wall we come with Loyal hearts his Majesty shall find that it is we that are his faithfull Councellors let all Sycophants be far removed from his Majesty since we cannot help this Majesty without opening our Grievances let us discharge our duties therein yet while we seek Liberty we will not forget Subjection all things a State can be capable of either blessings or punishments depend on this meeting if any think the King may be supplied and the Commonwealth preserved without redress of Grievances he is deceived The Kings of England were never more glorious then when they trusted their Subjects let us make all haste to do the Errand for which we came let the House consider to prepare our Grievances fit for his Majesties view not to make a Law to give us new Liberties but Declaratory with respective Penalties so that those which violate them if they would be vile they should fear infamy with men and then we shall think of such a Supply as never a Prince received and with our monies we shall give him our hearts and give him a new people raised from the dead Then I hope this Parliament will be entituled The Parliament of wonders and Gods judgements diverted and these beams of goodness shall give us life and we shall go home to our Countries and leave our Posterity as free as our Ancestors left us But this day as also the two next dayes Debate produced no Resolutions the time being spent in a general opening of Grievances from all parts of the Kingdom Monday 24 March Secretary Cook renewed the motion of Supplies for his Majesty yet so that Grievances be likewise taken into Consideration We all think fit said he that both these go hand in hand together but let me put you in mind of that which concerns the King let him have the precedency of honor if not of time let the heads of the Kings Supply first be propounded this will be an honor to the King and will do service to the House the end of this Parliament is the subsistence of the King as he himself hath declared and such a Command is not to be slighted the King himself propounded it and then he will agree with us in other requests that are fit for a King to give we that have the happiness to attend his Majesty can tell you that no King is more ready to hear the complaints of his Subjects and withal you know no King is more sensible of all reproaches which touch his Honor. Will it not be fit to grant him this Honor to have the Precedency It was the Speech of an ancient Parliament man Let us deal gently with our King by these Laws that we make we do bind our selves and it is an addition of his power None that dies but leaves his heir to the favor of the King none that lives but needs the favor of the King we having made our first union with God it is next intended that we be at one with our King is it not fit we be at peace with our Head his Majesty desires it and expects it After this unity with our head there is consideration to be had of unity with our selves after this we shall be all knit in one body we shall all pronounce clearly Shiboleth and we shall consider of the Grievances and irregularities of the times which none desires to be reformed more then his Majesty and those whom you think most averse Let us take
propriety in my own house and not liberty in my person Perspicuè vera non sunt probanda The King hath distributed his Judicial power to Courts of Justice and to Ministers of Justice it is too low for so great a Monarch as the King is to commit men to Prison and it is against Law that men should be committed and no cause shewed I would not speak this but that I hope my Gracious King will hear of it yet it is not I Edw. Cook that speaks it but the Records that speak it we have a National appropriate Law to this Nation diversis ab orbe Brittannis I will conclude with the Acts of the Apostles chap. 25. It is against reason to send a man to Prison and not to shew the cause It is now time to go to the Question Resolved upon the Question Nemine contradicente I. That no Freeman ought to be detained or kept in Prison or otherwise restrained by the command of the King or the Privy-Council or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained II. That the Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or detained in Prison or otherwise restrained though it be by the command of the King the Privy-Council or any other he praying the same III. That if a Freeman be committed or detained in prison or otherwise restrained by the Command of the King the Privy-Council or any other no cause of such Commitment Detainer or Restraint being expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a Habeas Corpus granted for the said Party then he ought to be delivered or bailed And then taking into consideration the Property of the Subject in his Goods they came to this Resolution to which there was not a Negative viz. That it is the antient and undubitable right of every Freeman That he hath a full and absolute Property in his Goods and Estate that no Tax Tallage Loan benevolence or other like charge ought to be commanded or levied by the King or any of his Ministers without common consent by Act of Parliament Wednesday March 26. The Propositions tendred the day before by Secretary Cook from his Majesty were now received and read but the Debate thereof was referred to another day The Propositions were these viz. 1. To furnish with men and Victuals 30 ships to guard the narrow Seas and along the Coasts 2. To set out ten other ships for the relief of the Town of Rochel 3. To set out ten other ships for the preservation of the Elbe the Sound and Baltick-Sea 4. To leavy Arms Cloth Victual pay and transport an Army of 1000. Horse and 10000. Foot for Forein Service 5. To pay and supply 6000 l. more for the service of Denmark 6. To supply the Forts of the Office of Ordnance 7. To supply the Stores of the Navy 8. To build 20 ships yearly for the increase of the Navy 9. To repair the Forts within the Land 10. To pay the arrears of the Office of Ordnance 11. To pay the arrears of the Victuallers Office 12. To pay the Arrear of the Treasure of the Navy 13. To pay the Arrears due for the freight of divers Merchants ships imployed in his Majesties Service 14. To provide a Magazine for Victuals for Land and Sea-service And the Commons having a Conference with the Lords about the Petition against Recusants Secretary Cook was appointed to manage the said Conference In the first place he said we acknowledge all due honor both unto the reverend Fathers of the Church and to our Noble Lords in that ye have shined before us as worthy Lights in the encouragement and maintenance of true Religion being the true support of all Dignities and Honors And this forwardness of you is the more remarkable when that viperous Generation as your Lordships justly stiled them do at ease with tooth and nail essay to rend the Bowels of their Mother Give me leave to tell you what I know that these now both vaunt at home and write to their friends abroad They hope all will be well and doubt not to prevail and to win ground upon us And a little to awake the Zeal and Care of our learned and grave Fathers it is fit that they take notice of that Hierarchy which is already established in competition with their Lordships for they have a Bishop consecrated by the Pope This Bishop hath his Subalternate Officers of all kindes as Vicars-General Arch-Deacons Rural-Deans Apparators and such like neither are these nominal or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdom keep Courts and determine Ecclesiastical Causes And which is an Argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntio's and Cardinals both at Bruxels and in France Neither are the Seculars alone grown to this height but the Regulars are more active and dangerous and have taken deep root they have already planted their Societies and Colledges of both Sexes they have setled Revenues Houses Libraries Vestments and all other necessary provisions to travel or stay at home nay even at this time they intend to hold a concurrent Assembly with this Parliament But now since his Sacred Majesty hath extended his Royal arm and since the Lords of his Council have by their Authority caused this nest of Wasps to be digged out of the Earth and their Convocations to be scattered And since your Lordships joyn in courage and resolution at least to reduce this people to their lawfull restraint that they may do no more hurt we conceive great hope and comfort that the Almighty God will from henceforth prosper our endeavors both at home and aboad But now my Lords to come to the chief Errand of this our meeting which is to make known to you the Approbation of our House of that Petition to his Majesty wherein you are pleased to request our concurrence The House hath taken it into serious consideration and from the beginning to the end approve of every word and much commend your happy pen onely we are required to present unto you a few Additions whereby we conceive the Petition may be made more agreeable to the Statutes which are desired to be put in execution and to a former * Petition granted by his Majesty Recorded in both Houses confirmed under the Broad-Seal of England and published in all our Courts of ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them onely as our advice and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not finde this Reason to be of weight This
being agreed unto on Monday the 31 of March the aforesaid Petition was presented by his Majesty to both Houses at the delivery whereof the Lord Keeper spake as followeth Most Gracious Soveraign THe Lords Spiritual and Temporal and Commons in this present Parliament assembled out of due care of the Glory of Almighty God and of the Honor and Safety of your Majesty do with all humbleness and with one unanimous consent present to your Royal hands the most Loyal desires of all their hearts which is set down in a dutifull Petition which is to quicken the Laws against the Perturbers of the Peace of all States We cannot nor do not forget your Majesties most gracious Acts and Answers on the like Petition they are visible to the world to your Majesties honor and comfort We bend our knees and hearts blessing God and your Majesty therefore yet let it not seem needless that we repair again to your Majesty The Husbandman knows what Weeds are not destroyed at one weeding These are growing Evils they are Weeds of a spreading nature And we that come from all parts do think it our duty to tell your Majesty that Gods Vineyard is not yet cleansed And God himself requires that we pray to him often even for what he means and promiseth to bestow on us But my Message comes from the Pen of both Houses And therefore I humbly beseech your Majesty to lend a gracious ear to hear me read the Petition After the reading thereof his Majesty made this short speech My Lords and Gentlemen I Do very well approve the Method of your proceedings in this Parliament A Jove principium hoping that the rest of your Consultatious will succeed the happier And I like the Preamble of my Lord Keeper otherwise I should have a little suspected that you had thought me not so careful of Religion as I have and ever shall be wherein I am as forward as you can desire And for the Petition I answer first in general That I like it well and will use these as well as other means for the maintenance and propagation of that Religion wherein I have lived and do resolve to die But for the particulars you shall receive a more full Answer hereafter And now I will only add this That as we pray to God to help us so we must help our selves For we can have no assurance of his assistance if we do lie in bed and only pray without using other means And therefore I must remember you that if we do not make provision speedily we shall not be able to put one ship to Sea this year Verbum sapienti sat est Afterwards the Lord Keeper signified unto the House That his Majesty had now given his Answer unto the Petition exhibited by both Houses against Recusants and had commanded his Lordship to read the same Answer in this House and Mr Secretary to read it in the House of Commons Whereupon the Clerk read the first Article of the said Petition and the Lord Keeper read his Majesties Answer unto the same and so each Article thereof The which Petition with the Answers follow in haec verba Most Gracious Soveraign WE your most Loyal and obedient Subâ—ects the Lords Spiritual and Temporal and Commons in Parliament assembled Having to our singular comfort obtained your Majesties pious and gracious assent for a Publick Fast to appease the wrath of Almighty God kindled against us and to prevent those grievous Iudgments which do apparently press upon us do in all humility present unto your sacred Majesty all possible thanks for the same And because the publick and visible sins of the Kingdom are the undoubted causes of those visible Evils that are faln upon us Amongst which sins as is apparent by the word of God Idolatry and Superstition are the most haynous and crying sins To the end that we may constantly hope for the blessing of God to descend upon this our publick Humiliation by abandoning those sins which do make a wall of Separation betwixt God and us WE most humbly and ardently beg at the hands of your most Sacred Majesty That your Majesty will be pleased to give continual life and motion to all those Laws that stand in force against Iesuites Seminary Priests and all that have taken Orders by Authority of the Sea of Rome by exacting a more due and serious execution of the same Amongst which number those that have highly abused your Majesties clemency by returning into the Kingdom after their vanishment contrary to your Highness express Proclamation we humbly desire may be left to the severity of your Laws without admitting of any mediation or intercession for them And that such of your Majesties unsound and il affected Subjects as do receive harbor or conceal any of their viperous Generation may without delay suffer such Penalties and Punishments as the Laws most justly impose upon them His Majesties Answer unto the first Article of this Petition TO the first Point his Majesty answereth That he will according to your desire give both life and motion to the Laws that stand in force against Jesuites Seminary Priests and all that have taken Orders by Authority of the Sea of Rome and to that end his Majesty will give strict order to all his Ministers for the discovering and apprehending of them and so leave them being apprehended to the trial of the Law And in case after trial there shall be cause to respit execution of any of them yet they shall be committed according to the example of the best times to the Castle of Wisbitch and there be safely kept from exercising their Functions of spreading their Superstitious and dangerous Doctrine and the Receivers and Abettors they shall be left to the Law THat your Majesty would be pleased to command a surer and strait watch to be kept in and over your Majesties Ports and Havens and to commit the care and charge of searching of Ships for the discovery and apprehension aswel of Jesuites and Seminary Priests brought in as of Children and young Students sent over beyond the Seas to suck in the poyson of Rebellion and Superstition unto men of approved fidelity and Religion And such as shall be convicted to have connived or combined in the bringing in of the one or conveying of the other that the Laws may pass upon them with speedy execution His Majesties Answer to the second Article TO the second Article His Majesty granteth all that is in this Article and to this end will give Order to the Lord Treasurer Lord Admiral and Lord Warden of the Cinque Ports that in their several places they be careful to see this Article fully executed giving strict charge to all such as have place and authority under them to use all diligence therein And his Majesty requireth them and all other his Officers and Ministers to have a vigilant eye upon such as dwell in dangerous places of advantage or opportunity for receiving or
transporting of any such as are here mentioned And his Majesty will take it for good Service if any will give knowledge of any such as have connived or combined or shall connive or combine as is mentioned in this Article that Justice may be strictly done upon them THat considering those dreadful dangers never to be forgotten which did involve your Majesties sacred Person and the whole representative body of your Maiesties Kingdom plotted and framed by the free and common access of Popish Recusants to the City of London and to your Majesties Court Your Majesty would be gratiously pleased to give speedy command for the present putting in practise those Laws that prohibit all Popish Recusants to come to the Court or within ten Miles of the City of London as also those Laws that confine them to the distance of five miles from their dwelling Houses and that such by-past Licenses not warranted by Law as have been granted unto them for their repair to the City of London may be discharged and annulled His Majesties Answer to the third Article TO the third His Majesty will take Order to restrain the recourse of Recusants to the Court and also for the other points in this Article his Majesty is well pleased that the Laws be duely executed and that all unlawful Licenses be annulled and discharged THat whereas it is more then probably conceived that infinite sums of moneys have within these two or three years last past been extracted out of the Recusants within the Kingdom by colour of composition and a small proportion of the same returned unto your Majesties coffers not onely to the suddain enriching of private persons but to the emboldning of Romish Recusants to entertain Massing Priests into their private Houses and to exercise all their Mimique Rites of their gross superstition without fear of control amounting as by their dayly practice and ostentation we may conceive to the nature of a concealed Toleration your Majesty would be gratiously pleased to entertain this particular more neerly into your Princely wisedom and consideration and to dissolve this Mystery of Iniquity patched up of colourable Leases Contracts and Preconveyances being but Masks on the one part of fraud to deceive your Majesty and States on the other part for private men to accomplish their corrupt ends His Majesties Answer to the fourth Article TO the fourth Article his Majesty is most willing to punish for the time past and prevent for the future any of the deceits and abuses mentioned in this Article and will account it a good service in any that will inform Himself his Privy Councel Officers of his Revenues Judges or learned Councel of any thing that may reveal this mystery of Iniquity And his Majesty doth strictly command every of them to whom such information shall be brought that they suffer not the same to die but do their uttermost endeavour to effect a clear discovery and bring the Offenders to punishment And to the intent no concealed toleration may be effected his Majesty leaves the Laws to their course THat as the Persons of Ambassadors from forain Princes and their Houses be free for the exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great offence of Almighty God and scandal of your Majesties People loyally and religiously affected That either the concourse of Recusants to such places may be restrained or at least such a vigilant watch set upon them at their return from those places as they may be apprehended and severely proceeded withal Ut qui palam in luce peccant in luce puniantur His Majesties Answer to the fifth Article TO the fifth his Majesty is well pleased to prohibit and restrain their coming and resort to the Houses of Ambassadors and will command a vigilant watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this your Majesties Kingdom or any Ships of your Majesties or which shall be imployed in your Majesties Service be committed to Popish Recusants or to Non-communicants by the space of a year past or to any such persons as according to direction of former Acts of State are justly to be suspected as the place and Authority of Lords Lieutenants Deputy Lieutenants Iustices of Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third year of the reign of your Father of blessed memory And that such as by Connivence have crept into such places may by your Majesties Royal Command be discharged of the same His Majesties Answer to the sixth Article TO the sixth his Majesty is perswaded that this Article is already observed with good care nevertheless for the avoiding as much as may be all errors and escapes in that kinde his Majesty will give charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the state of their several Circuits if any such as are mentioned in this Article be in the Commission of the peace that due reformation may be made thereof And will likewise give order to the Lord Admiral and such others to whom it shall appertain to make diligent enquiry and certificate to his Majesty if any such be in place of Authority and Command in his Ships or Service THat all your Majesties Iudges Iustices and ministers of Iustice unto whose care and trust execution which is the life of your Majesties Laws is committed may by your Majesties Proclamation not onely be commanded to put in speedy execution those Laws which stand in force against Iesuits Seminary Priests and Popish Recusants but that your Majesty would be further pleased to command the said Iudges and Iustices of Assize to give a true and strict account of their proceedings at their returns out of their Circuits unto the Lord Keeper and by the Lord Keeper to be presented unto your Majesty His Majesties Answer unto the seventh Article To the seventh his Majesty doth fully grant it ANd for a fair and clear eradication of all Popery for the future and for the breeding and nursing up of a holy generation and a peculiar People sanctified unto the true worship of Almighty God that until a provisional Law may be made for the training and educating of the Children of Popish Recusants in the grounds and principles of our holy Religion which we conceive will be of more power and force to unite your people unto you in fastness of love Religion and loyal obedience then all pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into your own princely care and consideration these our humble Petitions proceeding from hearts and affections loyally and religiously devoted to God and
abroad it is no less then a temporal Bamishment neither is it for his Majesties service to constrain his Subjects to imployment abroad Honor and Reward invites them rather to seek it but to be compelled stands not with our Liberty These Debates as to Confinement produced this resolution That no Freeman ought to be confined by any command from the King or Privy Councel or any other unless it be by Act of Parliament or by other due course or warrant of Law As for the matter of supply the Debate was put off till Friday following Thursday 3. of April Mr. Secretary Cook brought the House this Message from the King HIs Majesty having understood that some rumors were spread abroad of a sharp Message yesterday delivered by me and of some malicious words that the Duke should speak yesterday at the Councel-board he commanded me to tell you of the malice of those falss reports for that nothing fell from the Duke or that Board but what was for the good of this Assembly He would have you observe the malice of those spirits that thus put in these Jealousies Had the Duke so spoken he should have contradicted himself for all of us of the Councel can tell he was the first mover and perswader of this Assembly of Parliament to the King Esteem of the King according to his actions and not these tales His Majesty takes notice of our purpose that on Friday we will resolve upon Supply which his Majesty graciously accepts of and that our free gift without any condition should testifie to the world that we will be as far from incroaching upon his Prerogative as he will be to incroach upon our Liberties and this shall well appear when we present our Grievances to him and then we shall know that he hath no intention to violate our Liberties onely let us not present them with any asperity of words he counts it his greatest Glory to be a King of Freemen not of Villains He thought to have delivered this Message himself but that he feared it would take us too much time Then he added a word of his own Yesterday after dinner we attended his Majesty and he asked us what we had done We said we had entred into the consideration of Supply and that the final resolution was deferred till Friday and that this was done for just reasons to joyn the business of his Majesties and our Countries together and this would further his Majesty and it would give content to the Countrey and that this union here might be spread abroad in the World His Majesty answered For Gods sake why should any hinder them in their Liberties if they did it not I should think they dealt not faithfully with me You may see a true Character of his Majesties disposition let us proceed with courage and rest assured his Majesty will give great ear unto us and let us all joyn to make a perfect union to win the Kings heart we shall find a gracious answer from the King and a hearty cooperation from those that you think to be averse to us UPon the delivery of this Message some stood up and professed they never heard of any such sharp Message or words the day before or that any was so bold as to interpose himself They acknowledged his Majesty had put a threefold Obligation on them First in giving them satisfaction Secondly in giving them assurance which is a great Law that he will protect and relieve them Thirdly in giving them advice as may befit the Gravity of that Assembly and his own Honor So they concluded to carry themselves as their Progenitors before had done who never were marked for stepping too far on the Kings Prerogative and they returned their humble thanks to his Majesty THe day following Mr. Secretary Cook delivered another Message from the King viz. His Majesty hath again commanded me to put you in mind how the eyes and interest of the Christian world are cast upon the good or evil success of this Assembly He also graciously taketh notice of that which is in agitation amongst us touching the freedom of our Persons and propriety of our Goods and that this particular care which he no way misliketh may not retard our resolution for the general good he willeth us chearfully to proceed in both and to express our readiness to supply his great occasions upon assurance that we shall enjoy our Rights and Liberties with as much freedom and security in his time as in any age heretofore under the best of our Kings and whether you shall think fit to secure our selves herein by way of Bill or otherwise so as it be provided for with due respect of his Honor and the publique good whereof he doubteth not but that you will be careful he promiseth and assureth you that he will give way unto it and the more confidence you shall shew in his grace and goodness the more you shall prevail to obtain your own desires Vpon this occasion Mr. Pym spake THat in business of weight dispatch is better then discourse We came not hither without all motives that can be towards his Majesty had he never sent in this message We know the danger of our Enemies we must give Expedition to Expedition let us forbear particulars A man in a journey is hindred by asking too many questions I do believe our peril is as great as may be every man complains of it that doth incourage the Enemy our way is to take that that took away our estates that is the Enemy to give speedily is that that the King calls for A word spoken in season is like an Apple of Silver and actions are more precious then words let us hasten our Resolutions to supply his Majesty And after some debate they came to this unanimous Resolve That five Subsidies be given his Majesty and Mr. Secretary Cook was appointed to acquaint his Majesty with the Resolution of the House Monday the 7. of April Mr. Secretary Cook reported to the House the Kings acceptance of the Subsidies and how his Majesty was pleased to ask by how many voyces they were gained I said but by one His Majesty asked how many were against him I said none for they were voted by one voyce and one general consent His Majesty was much affected therewith and called the Lords in Councel and there I gave them account what had passed besides it gave his Majesty no small content that although five Subsidies be inferior to his wants yet it is the greatest gift that ever was given in Parliament and now he sees with this he shall have the affections of his People which will be greater to him then all value He said he liked Parliaments at the first but since he knew not how he was grown to a distaste of them but was now where has was before he loves them and shall rejoyce to meet with his People often Vpon the giving of the five Subsidies the
Petition his Majesty made this reply Mr. Speaker and Gentlemen when I sent you my last Message I did not expect a reply for I intended it to hasten you I told you at your first meeting this time was not to be spent in words and I am sure it is less fit for disputes which if I had a desire to entertain Mr. Speakers preamble might have given me ground enough The question is not now what Liberty you have in disposing of matters handled in your House but rather at this time what is fit to be done Wherefore I hope you will follow my example in eschewing Disputations and fall to your important business You make a Protestation of your affection and zeal to my Prerogative grounded upon such good and just Reasons that I must believe you But I look that you use me with the like charity to believe what I have declared more then once since your meeting with us that I am as forward as you for the preservation of your true Liberties Let us not spend so much time in this that may hazard both my Prerogative and your Liberties to our enemies To be short go on speedily with your businesses without any more Apologies for time calls fast on you which will neither stay for you nor me Wherefore it is my duty to hasten as knowing the necessity of it and yours to give credit to what I say as to him that sits at the Helm For what concerns your Petition I shall make answer in a convenient time FRom this time to the 25th of the same Moneth the House in a grand Committee spent most of their time in Debate about Martial Law and part thereof in giving the Lords a meeting at two Conferences concerning some Resolves in order to a Petition of Right transmitted by the Commons to their Lordships at which time Sir Robert Heath and Serjeant Ashley the Kings Councel were permitted to argue against the same and Serjeant Ashley in his discourse said The Propositions made by the Commons tended rather to an Anarchy then a Monarchy 2. That if they be yielded unto it is to put a Sword into the Kings hand with one hand and to take it out with the other 3. That they must allow the King to govern by Acts of State otherwise he is a King without a Councel or a Councel without a Power 4. That the question is too high to be determined by Law where the Conqueror or conquered will suffer irreparable loss For which expressions the Lords called the Serjeant to an account and committed him to custody and afterwards he recanted what he said Friday 25 of April The Lords had a Conference with the Commons where the Lord Archbishop of Canterbury spake as followeth Gentlemen of the House of Commons THe Service of the King and safety of the Kingdom do call on my Lords to give all speedy expedition to dispatch some of these great and weighty Businesses before us For the better effecting whereof my Lords have thought fit to let you know that they do in general agree with you and doubt not but you will agree with us to the best of your powers to maintain and support the fundamental Laws of the Kingdom and the fundamental Liberties of the Subject For the particulars which may hereafter fall into Debate they have given me in charge to let you know That what hath been presented by you unto their Lordships they have laid nothing of it by they are not out of love with any thing that you have tendred unto them They have Voted nothing neither are they in love with any thing proceeding from themselves For that which we shall say and propose is out of an intendment to invite you to a mutual and free Conference that you with a confidence may come to us and we with confidence may speak with you so that we may come to a conclusion of those things which we both unanimously desire We have resolved of nothing designed or determined of nothing but desire to take you with us praying help from you as you have done from us My Lords have thought of some Proposions which they have ordered to be read here and then left with you in Writing That if it seem good to you we may uniformly concur for the substance and if you differ that you would be pleased to put out adde alter or diminish as you shall think fit that so we may come the better to the end that we do both so desirously embrace Then the Propositions following were read by the Clerk of the upper House THat his Majesty would be pleased graciously to Declare That the good old Law called Magna Charta and the six Statutes conceived to be Declarations and Explanations of that Law do still stand in force to all intents and purposes 2. That his Majesty would be pleased graciously to Declare That according to Magna Charta and the Statutes afore named as also according to the most ancient Customs and Laws of this Land every free Subject of this Realm hath a fundamental Propriety in his Goods and a fundamental Liberty of his Person 3. That his Majesty would be graciously pleased to Declare That it is his Royal pleasure to ratifie and confirm unto all and every his Loyal and faithful Subjects all their ancient several just Liberties Priviledges and Rights in as ample and beneficial maner to all intents and purposes as their Ancestors did enjoy the same under the best of his most noble Progenitors 4. That his Majesty would be further pleased graciously to Declare for the good content of his loyal Subjects and for the securing of them from future fear That in all Cases within the Cognizances of the Common Law concerning the liberties of the Subject his Majesty would proceed according to the Common Law of this Land and according to the Laws established in the Kingdom and in no other maner or wise 5. As touching his Majesties Royal Prerogative intrinsical to his Soveraignty and betrusted him withal from God ad communem totius populi salutem non ad destructionem that his Majesty would resolve not to use or divert the same to the prejudice of any his loyal People in the propriety of their Goods or liberty of their Persons And in case for the security of his Majesties royal Person the common safety of his People or the peaceable Government of this Kingdom his Majesty shall finde just cause for reason of State to imprison or restrain any mans Person his Majesty would graciously Declare That within a convenient time he shall and will express the cause of the commitment or restraint either General or Special and upon a cause so expressed will leave him immediately to be tryed according to the common Justice of the Kingdom After the reading of the Propositions the Archbishop said THis is but a Model to be added unto altered or diminished as in your reasons and wisdoms ye shall think fit after ye
do verily believe he doth very well understand what a miserable power it is which hath produced so much weakness to Himself and to the Kingdom And it is one happiness that he is so ready to redress it For mine own part I shall be very glad to see that old decrepite Law Magna Charta which hath been so long kept and lien bed-rid as it were I shall be glad to see it walk abroad again with new vigor and lustre attended and followed with the other six Statutes questionless it will be a great heartning to all the people I doubt not but upon a debating conference with the Lords we may happily fall upon a fair fit accommodation concerning the Liberty of our Persons and Propriety of our Goods I hope we may have a Bill to agree in the point against imprisonment for Loans or privy Seals As for intrinsecal power and reason of State they are matters in the Clouds where I desire we may leave them and not meddle with them at all left by the way of admittance we may lose somewhat of that which is our own already Yet this by the way I will say of reason of State That in the latitude by which 't is used it hath eaten out almost not onely the Laws but all the Religion of Christendom Now I will onely remember you of one Precept and that of the wisest man Be not over wise be not over just and he gives his reason for why wilt thou be desolate If Justice and Wisdom may be stretcht to desolation let us thereby learn that Moderation is the Vertue of Vertues and Wisdom of Wisdoms Let it be our Master-piece so to carry the business that we may keep Parliaments on foot For as long as they be frequent there will be no irregular Power which though it cannot be broken at once yet in short time it will be made and mouldred away there can be no total or final loss of Liberties as long as they last What we cannot get at one time we shall have at another Upon this debate it was ordered That a Committee of Lawyers do draw a Bill containing the substance of Magna Charta and the other Statutes that do concern the Liberty of the Subject which business took up two whole days Thursday the first of May. MAster Secretary Cook delivers a Message from his Majesty viz. to know whether the House will rest on his Royal Word or no declared to them by the Lord Keeper which if they do he assures them it shall be Royally performed Upon this there was a silence for a good space Then Mr. Secretary Cook proceeded This silence invites me to a further Speech and further to address my self Now we see we must grow towards an issue for my part how confident I have been of the good issue of this Parliament I have certified in this place and elsewhere and I am still confident therein I know his Majesty is resolved to do as much as ever King did for his Subjects All this Debate hath grown out of the sense of our Sufferings and a desire of making up again those Breaches that have been made Since this Parliament begun hath there been any dispence made of that which hath formerly been done when means were denied his Majesty being a yong King and newly come to his Crown which he found ingaged in a War what could we expect in such Necessities His Majesty called this Parliament to make up the Breach His Majesty assures us we shall not have the like cause to complain He assures the Laws shall be established what can we desire more all is that we provide for Posterity and that we do prevent the like suffering for the future Were not the same means provided by them before us can we do more we are come to the Liberty of the Subjects and the Prerogative of the King I hope we shall not adde any thing to our selves to depress him I will not divine I think we shall finde difficulty with the King or with the Lords I shall not deliver my opinion as Counsellor to his Majesty which I will not justifie and say here or at the Councel Board Will we in this necessity strive to bring our selves into a better Condition and greater Liberty then our Fathers had and the Crown into a worse then ever I dare not advise his Majesty to admit of that if this that we now desire be no Innovation it is all contained in those Acts and Statutes and whatsoever else we would adde more is a diminution to the Kings Power and an addition to our own We deal with a wise and prudent Prince that hath a Sword in his hand for our good and this good is supported by Power Do not think that by Cases of Law and Debate we can make that not to be Law which in experience we every day finde necessary make what Law you will if I do discharge the place I bear I must commit men and must not discover the Cause to any Jaylor or Judge if I by this Power commit one without just Cause the burthen falls heavy on me by his Majesties displeasure and he will remove me from my place Government is a solid thing and must be supported for our good Sir Robert Philips hereupon spake this That if the words of Kings strike impressions in the hearts of Subjects then do these words upon this occasion strike an impression into the hearts of us all to speak in a plain language we are now come to the end of our journey and the well disposing of an Answer to this Message will give happiness or misery to this Kingdom Let us set the Commonwealth of England before the eyes of his Majesty that we may justifie our selves that we have demeaned our selves dutifully to his Majesty And so the day following they had further Debate upon that matter the House being turned into a Grand Committee and Mr. Herbert in the Chair Some say that the Subject has suffered more in the violation of ancient Liberties within these few years then in Three hundred years before and therefore care ought to be taken for the time to come Sir Edward Cook said That that Royal word had reference to some Message formerly sent his Majesties word was That they may secure themselves any way by Bill or otherwise he promised to give way to it and to the end that this might not touch his Majesties Honor it was proposed that the Bill come not from the House but from the King We will and grant for us and our Successors and that we and our Successors will do thus and thus and it is the Kings Honor he cannot speak but by Record Others desired the House to consider when and where the late promise was made was it not in the face of both Houses Cruel Kings have been careful to perform their promises yea though they have been unlawful as Herod Therefore if we rest upon his Majesties promise
proceeded and said You have heard his Charge made up by his own words and withall I doubt not but you seem to hear the voice of that wicked one Quid dabitis what will you give me and I will betray this State Kingdom and Commonwealth But there are two Observations I might adde a third which is like unto a threefold Cord which cannot be easily broken will draw the Charge more violently upon him The first is of the Time when this Doctrine of destruction was set forth it was Preached in the heart of the Loan and it was Printed in the beginning of that Term which ended in a Remittitur So that you might guess there might be a double Plot by the Law and Conscience to set on fire the frame and estate of this Commonwealth And one of these intailed Foxes was Mr. Manwaring Another note may be taken of the time that is the unseasonableness of it for this Doctrine of the Loan in case of necessity was the year after an assent in Parliament to four Subsidies and three Fifteens which might serve for a sufficient stopple for the Doctors mouth to keep in his Doctrine of Necessity A second observation may be of the Means by which he seeks to destroy this Commonwealth his means are Divinity yea by his Divinity he would destroy both King and Kingdom The King for there can be no greater mischief to a Prince then to put the opinion of Deity into his ears for if from his ears ti should have passed to his heart it had been mortal You know how Herod perished Now this man gives a participation of Divine Omnipotence to Kings and though a part may seem to qualifie yet all doth seem again to fill up that qualification and very dangerously if we remember that God saith of himself I am a jealous God He goes about to destroy the Kingdom and Commonwealth by his Divinity but do we finde in Scripture such a destroying Divinity Surely I finde there that God is a God of order and not of confusion and that the Son of God came to save and not to destroy By which it seems he hath not his Divinity from God nor from the Son of God And that we may be sure he went to Hell for Divinity he names sundry Jesuits and Fryers with whom he consulted and traded for his Divinity But not to belye Hell it self the Jesuits are honester then he for if he had not brought more hell unto them then he found with them he had not found this Divinity in them which he hath brought forth yea in his quotations he hath used those shifts and falshoods for which Boyes are to be whipt in Schools and yet by them he thinks to carry the Cause of a Kingdom But for a conclusion to give the true Character of this man whom I never saw I will shew it you by one whom I know to be contrary to him Samuel we know all to be a true Prophet now we read of Samuel that he writ the Law of the Kingdom in a Book and laid it up before the Lord. And this he did as one of Mr. Manwarings own Authors affirms that the King may know what to command and the People what to obey But Mr. Manwaring finding the Law of this Kingdom written in Books tears it in pieces and that in the presence of the Lord in a Pulpit that the King may not know what to command nor the People what to obey Thus Mr. Manwaring being contrary to a true Prophet must needs be a false one and the Judgement of a false Prophet belongs to him I have shewed you an evil Tree that bringeth forth evil fruit and now it rests with you to determine whether the following sentence shall follow Cut it down and cast it into the fire ABout this time the Mayor of Plimouth certified to the Burgesses serving for that Town in Parliament the Examination of Le Brun a Frenchman Captain of the Mary of Rotchel taken the 16 of May 1628. viz. The Examinate saith That on Sunday being the 17 of April last past he departed from Plimouth Harbor in company with the English Fleet whereof the Earl of Denbigh is General and on the first day of May then following the said Fleet arrived and came at Anchor at Charleboy in the Rode of Rotchel about four of the Clock in the afternoon where at the said arrival they found twenty sail of the King of France his Ships whereof six were Ships of about 300 Tuns and the rest were small Shâ—ps and forthwith with the said French Ships put themselves to sail and went in nearer to the fortifications where they also anchored within two Canon shot of the English Fleet and saith That one of his Majesties Ships shot off one piece of Ordinance and no more and that the said French Ships as they returned from the English Fleet shot off oftentimes to them and that the same Fleet remained there until the eighth day of the said moneth of May in which time there was a Wherry sent from the Fleet into Rotchel wherein there were two English and one Frenchman to inquire the state of the said Town and that if they were there safe arrived they should make a fire upon one of the Towers of the Town to give notice thereof which accordingly they did and also to make so many fires more on the Walls of the said Town as they have moneths victuals there but they made not any answer thereof whence it was collected that they had but a small quantity of victuals and said That the said English as he hath heard promised to sink the said French Ships when the waters did increase and the wind came at West-north-west it being then Neap-tides and about two days after the waters did increase and the winds came accordingly and being then intreated to fight with them yet did not but came away without fighting or relieving the Town and saith That on the eighth day of May the said English Fleet weighed Anchor and set sail to depart and four of the French great Ships weighed Anchor also and came after them and shot divers times at the said Fleet and the said Fleet shot at them again and the said Examinate came in company with the said Fleet as far as Bell Isle where he departed from them on the tenth of this instant and lastly saith That during all the time the English Fleet was there the Town of Rotchel shot to the King of France his Ships and Fort but chiefly upon the arrival of the said Fleet there This Examination being communicated to the Councel Table it procured this ensuing Letter from the Privy Councel to the Duke dated the 30 of May 1628. viz. WHereas it is his Majesties pleasure that the Earl of Denbigh shall return back to relieve the Town of Rotchel with the Fleet under his Charge We do therefore pray your Grace to signifie this his Majesties pleasure unto the said Earl and to give him
it is declared and enacted That no man shall be forejudged of life or limb against the form of the great Charter and the Law of the Land And by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Iustice of Martial Law against such Soldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanor whatsoever and by such summary Course and Order as is agreeable to Martial Law and is used in Armies in time of War to proceed to the tryal and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death 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 no other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to proceed against such offenders according to the same Laws and Statutes upon pretence that the said offenders were punishable onely by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty 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 and that none be called to make answer or take such Oath or to give attendance or he confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such maner as is before mentioned be imprisoned or detained And that your Majesty will be pleased to remove the said Soldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and proceedings to the prejudice of your People in any of the Premises shall not be drawn hereafter into Consequence or Example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the prosperity of this Kingdom Which Petition being read the 2 of June 2628. The Kings Answer was thus delivered unto it The King willeth that Right be done according to the Laws and Customs of the Realm And that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative On Tuesday June 3. the King's Answer was read in the House of Commons and seemed too scant in regard of so much expence of time and labour as had been imployed in contriving the petition Whereupon Sir Iohn Elliot stood up and made a long Speech wherein he gave forth so full and lively representation of all Grievances both general and particular as if they had never before been mentioned HE reduced the Cause of all our evils to Five heads Our insincerity and doubling in Religion which he exemplified by the freedome and increase of Papists by the composition with them in the North the slightness of those payments and the easiness in them by the hopes presumptions and reports of all the Papists generally by the disposition of Commanders the trust of Officers the confidence of secrecies of employments in this Kingdom in Ireland and elsewhere 2. Our want of Councel which sacrificed our honour and our men sent to the Palatinate stopping those greater supplies appointed for that Service by which it might have been made defensible this gave direction to that late expedition to Ree whose wounds are yet bleeding by means whereof the Protestants of France and their King by a necessary consequence are divided and that Countrey so prepared against us that we have nothing to promise our neighbours hardly for our selves insomuch as by the issue and success it may rather be thought a conception of Spain then begotten here by us 3. The insufficiency and unfaithfulness of our Generals Witness first the expedition to Cales where we arrived and found a Conquest ready viz. the Spanish ships fit for the satisfaction of a voyageâ— either in point of honour or in point of profit why was it neglected why was it not atchieved it being granted on all hands feasible when the whole Army landed why was there nothing attempted if nothing were intended wherefore did they land if there were a service why were they shipt again Witness secondly that to Ree where the whole action was carried against the judgement and opinion of the Officers viz. those that were of the Councel was not the first was not the last was not all at land in the intrenching in the continuance there in the assault in the retreat without their assent to say nothing of leaving the Wines and the Salt which were in our possession and of a value as they say to answer much of our expence nor of that wonder which no Alexander or Caesar ever did know the enriching of an enemy by curtesies when the Souldiers want help nor of the private entercourses and parlies with the Fort which continually were held what they intended may be
House fearing a sudden dissolution fell into consideration of the weak estate of the Kingdom and of our Friends and Allies abroad of the great strength of the House of Austria and the King of Spains ambition aspiring to an universal Monarchy and his present great preparations for war Hereupon the House was moved to name a select Committee to represent these things to his Majesty with the danger like to insue to this Kingdom if the Parliament be dissolved without a happy conclusion But being satisfied by the Lords of the privy Councel that there was no such cause of fear as the House apprehended the naming of a Committee was for that time deferred Having met in our Collections with a Letter of Mr. Allureds to old Mr. Chamberlain of the Court of Wards and being a concurrent proof to the Passages this day in the House We have thought fit here to mention it viz. Sir YEsterday was a day of desolation among us in Parliament and this day we fear will be the day of our dissolution Upon Tuesday Sir John Elliot moâ—ed that as we intended to furnish his Majesty with money we should also supply him with Counsel which was one part of the occasion why we were sent by the Countrey and called for by his Majesty And since that House was the greatest Councel of the Kingdom where or when should his Majesty have better Counsel then from thence So he desired there might be a Declaration made to the King of the danger wherein the Kingdom stood by the decay and contempt of Religion the insufficiency of his Generals the unfaithfulness of his Officers the weakness of his Councels the exhausting of his Treasure the death of his men the decay of Trade the loss of Shipping the many and powerful Enemies the sew and the poor Friends we had abroad In the enumerating of which the Chancellor of the Dutchy said it was a strange language yet the House commanded Sir John Elliot to go on then the Chancellor desired if he went on that himself might go out whereupon they all bad him begon yet he stayed and heard him out and the House generally inclined to such a Declaration to be presented in an humble and a modesâ— manner not prescribing the King the way but leaving it to his Iudgment for reformation So the next day being Wednesday we had a Message from his Majesty by the Speaker that the Session should end on Wednesday and that therefore we should husband the time and dispatch the old businesses without entertaining new intending to pursue their Declaration they had this Message yesterday morning brought them which I have here inclosed sent you which requiring not to casâ— or lay any aspersion upon any Minister of his Majesty the house was much affected to be so restrained since the House in former times had proceeded by finding and committing John of Gaunt the Kings Son and others and of late have medled with and sentenced the Lord Chancellor Bacon and the Lord Treasurer Cranfield Then Sir Robert Philips spake and mingled his words with weeping Mr. Prynne did the like and Sir Edward Cook overcome with passion seeing the desolation likely to ensue was forced to sit down when he began to speak through the abundance of tears yea the Speaker in his Speech could not refrain from weeping and shedding of tears besides a great many whose great griefs made them dumb and silent yet some bore up in that storm and incouraged others In the end they desired the Speaker to leave the Chair and Mr. Whitby was to come into it that they might speak the freer and the frequenter and commanded no man to go out of the House upon pain of going to the Tower Then the Speaker humbly and earnestly besought the House to give him leave to absent himself for half an hour presuming they did not think he did it for any ill intention which was instantly granted him then upon many Debates about their Liberties hereby infringed and the eminent danger wherein the Kingdom stood Sir Edward Cook told them he now saw God had not accepted of their humble and moderate carriages and fair proceedings and the rather because he thought they dealt not sincerely with the King and with the Countrey in making a true Representation of the causes of all these miseries which now he repented himself since things were come to this pass that he did it not sooner and therefore he not knowing whether ever he should speak in this House again would now do it freely and there protested that the author and cause of all those miseries was the Duke of Buckingham which was entertained and answered with a chearful acclamation of the House as when one good Hound recovers the scent the rest come in with a full cry so they pursued it and every one came on home and laid the blame where they thought the fault was and as they were Voting it to the Question whether they should name him in their intended Remonstrance the Sole or the Principall cause of all their miseries at home and abroad The Speaker having been three hours absent and with the King returned with this Message That the House should then rise being about eleven a clock and no Committees stould sit in the afternoon till to morrow morning What we shall expect this morning God of Heaven knows We shall meet timely this morning partly for the businesse sake and partly because two days since we made an Order that whosoever comes in after prayers payes twelve pence to the poor Sir excuse my hast and let us have your prayers whereof both you and we have here need So inscribling haste I rest Affectionately at your service Thomas Alured This 6. of June 1628. The Message mentioned in this Letter of the 6. of Iune is already before expressed Friday 6. Iune Mr. Speaker brings another Message from the King the day following IN my service to this House I have had many undeserved favours from you which I shall ever with all humbleness acknowledge but none can be greater then that testimony of your confidence yesterday shewed unto me whereby I hope I have done nothing or made any representation to his Majesty but what is for the honour and service of this House and I will have my tongue cleave to my mouth before I will speak to the disadvantage of any Member thereof I have now a Message to deliver unto you Whereas his Majesty understanding that ye did conceive his last Message to restrain you in your just Priviledges to complain of any of his Ministers These are to declare his intentions that he had no meaning of barring you from what hath been your Right but only to avoid all scandals on his Councel and Actions past and that his Ministers might not be nor himself under their names taxed for their Counsel unto his Majesty and that no such particulars should be taken in hand as would ask a longer time of consideration then what
he hath prefixed and still resoves to hold that so for this time all Christendom might take notice of a sweet parting between him and his people Which if it fall out his Majesty will not be long from another meeting when such if there be any at their leisure and convenience may be considered Mr. Speaker proceeded I will observe somewhat out of this Message ye may observe a great inclination in his Majesty to meet in this House I was bold yesterday to take notice of that liberty ye gave me to go to his Majesty I know there are none here but did imagine whither I went but that I knew ye where desirous and content that I should leave you I would not have desired it give me leave to say this Message bars you not of your Right in matter nay not in manner but it reacheth to his Councels past and for giving him Councel in those things which he commanded It is not his Majesties intentions to protect any Abetter of Spain The end of this was that we might meet again sweetly and happily The House of Lords likewise received this Message by the Lord Keeper MY Lords his Majestie takes notice to your great advantage of the proceedings of this house upon the hearing of his Majesties message yesterday He accounts it a fair respect that ye would neither agree of any Committee or send any Message to his Majesty though it were in your own hearts but yeild your selves to his Majesties Message and defer your own resolutions till you meet again at the time appointed by his Majesty Yet his Majesty takes it in extream good part to hear what was in your heart and especially that ye were so sensible of the inconvenience that might ensue upon the breach of this Parliament Which if it had happened or shall hereafter happen his Majesty assures himself that he shall stand clear before God and men of the occasion But his Majesty saith ye had just cause to be sensible of the danger considering how the estate of Christendom now stands in respect of the multitude and strength of our Enemies and weakness on our part All which his Majesty knows very exactly and in respect therereof called this Parliament the particulars his Majesty holds it needless to recite especially to your Lordships since they are apparant to all men Neither will it be needfull to reiterate them to his Majesty whose cares are most intentive upon them and the best remedy that can be thought on therein is if his Subjects do their parts Therefore his Majesty gives you hearty thanks and bad me tell you that nothing hath been more acceptable to him all the time of this Parliament then this dutiful and discreet carriage of your Lordships which he professeth hath been a chief motive to his Majesty to suspend those intentions that were not far from a resolution Sir Robert Philips assumed the Debate upon the Message delivered by the Speaker and said I rise up with a disposition somewhat in more hope of comfort then yesterday yet in regard of the uncertainty of Councels I shall not change much In the first place I must be bold without flattering a thing nor incident to me to tell you Mr. Speaker you have not only at all times discharged the duty of a good Speaker but of a good man for which I render you many thanks Another respect touching his Majesties Answer to our Petition First if that Answer fall out to be short I free his Majesty and I believe his Resolution was to give that that we all expected But in that as in others we have suffered by reason of interposed persons between his Majesty and us But this day is by intervenient accidents diverted from that but so as in time we go to his Majesty Therefore let us remove those jealousies in his Majesty of our Proceedings that by somâ— men over-grown have bin mispresented we have proceeded with temper in confidence of his Majesties goodness to us and our fidelity to him and if any have construed that what we have done hath been out of feare let him know we came hither free men and will ever resolve to endure the worst and they are poor men that make such interpretations of Parliaments in this way and method we proceeded and if any thing fall out unhappily it is not King Charles that advised himself but King Charles misadvised by others and misled by misordered Councel it becomes us to consider what we were doing and now to advise what is fit to be done We were taking consideration of the State of the Kingdome and to present to his Majesty the danger he and we are in iâ— since any man hath been named in particular though I love to speak of my betters with humility let him thank himself and his Councels but those necessary jealousies gives us occasion to name him I assure my self we shall proceed with temper and give his Majesty satisfaction if we proceed in that way his Majesties message is now explanatory in point of our liberties that he intends not to barre us of our rights and that he would not have any aspersion cast on the Councels past let us present to his Majesty shortly and faithfully and declare our intentions that we intend not to lay any aspersion upon him but out of a necessity to prevent the eminent dangers we are surrounded with and to present to him the affaires at home and abroad and to desire his Majesty that no interposition of mis-information of men in fault may prevaile but to expect the issue that shall be full of duty and Loyalty The Commons sent a message to the Lords that they would joyne in an humble request to the King that a clear and satisfactory answer be given by his Majesty in full Parliament to the petition of Right whereunto the Lords did agree Afterward the House was turned again into a Committee and considered of some more heads to be inserted into the Declaration or Remonstrance as the designe to bring into this Nation Forreign Forces under the command of Dolbeir And Burlemack was called into the House who confessed he received thirty thousand pound by Privy seal for the buying of Horses that one thousand of them are levied that those Horse and their Riders are to come over and Armes are provided for them in Holland but he â—eares a Countermand is gone to stay them The Privy Seal is in these Words CHarles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Treasurer and under Treasurer for our Exchequer for the time being Greeting We do hereby will and command you out of our Treasury remaining in the receipt of our said Exchequer forthwith to pay or cause to be paid unto Philip Burlemack of London Merchant the summe of thirty thousand pounds to be paid by him over by Bill of Exchange into the Low-Countreys and Germany unto our Trusty and
ends And he vindicated the Duke in point of Religion 'T is true said he his Mother is a Recusant but never any thing more grieved him and never did a Son use more means then he to convert her and he hath no power over her and for his own Lady whom he found not firm in his Religion he hath it used means to confirm her As for Arminians I have often heard him protest and vow against these Opinions It is true many that have skill therein may have some credit with him and make use of his noble nature for their own ends One particular I know well that some Gentlemen and Preachers of great esteem were questioned for a matter wherein there was some error in the manner of which they were presented I told him of them and that they were questioned and he answered me he would do the best he could for to countenance them Sir Benjamin Rudyard gave his judgement that if the matter be urged home it will proclaim the man lowder then we can in words If we name excess of Power and abuse of Power it will reach to the Duke and all others in future times and to a Gentleman of honour nothing is so dear as sense of Honour I am witness and do know that he did many great and good Offices to this House If the forfeiture of my life could breed an Opinion that ye should have no occasion to complain at your next meeting I would pawn it to you Nor let any man say it is fear makes us desist we have shewed already what we dare do And because the imployment of Dalbeer had given much offence Sir Thomas Jermin stood up in his defence and said he had given great evidence of his Trust and Fidelity When the Count Palatine retired himself and the Councel agreed to send a Party under Count Mansfield to make a head and the King sent word to the Palatine to be present in Person Dalbeer went along with him with one more and being in a Village in Germany a Troop of fifty Horse met them Dalbeer went to the Captain and said we are in a Service I will give you so many crowns to conduct us which was done and Dalbeer went along with him In conclusion Iune the 13. it was Ordered upon the Question that the excessive Power of the Duke of Buckingham is the cause of the Evils and Dangers to the King and Kingdom And that this be added to the Remonstrance At this very time being Iune 18. 1628. Doctor Lamb so called having been at a Play-house came through the City of London and being a person very notorious the Boys gathered thick about him which increased by the access of ordinary People and the Rabble they presently reviled him with words calling him a Witch a Devil the Duke's Conjurer c. he took Sanctuary in the Wind-mill Tavern at the lower end of the Old Jury where he remained a little space but there being two Doors opening to several Streets out of the said House the Rout discovering the same made sure both Doors lest he should escape and pressed so hard upon the Vintner to enter the House that he for fear the House should be pulled down and the Wines in his Cellar spoiled and destroyed thrust the imaginary Devil out of his House whereupon the tumult carried him in a croud among them howting and showting crying a witch a Devil and when they saw a Guard coming by order of the Lord Mayor for the rescue of him they fell upon the Doctor beat him and bruised him and left him for dead With much ado the Officers that rescued him got him alive to the Counter where he remained some few houres and died that night The City of London endeavoured to find out the most active persons in this Riot but could not finde any that either could or if they could were willing to witnesse against any person in that businesse This happened to be in Parliament time and at that instant of time when they were about the Remonstrance against the Duke And shortly after so high was the rage of people that they would ordinarily utter these words Let Charles and George do what they can The Duke shall die like Doctor Lamb. What fine the City underwent for this miscarriage we shall observe in order of time Two days after the Privy Councel writ this ensuing Letter to the Lord Mayor Aldermen and Sheriffs of London WHereas we are given to understand that the fury and outrage of divers dissolute and disorderly person assembled together in great numbers without any resistance made or course taken to suppresse them by the Magistrates to whom it appertained one Lamb was in a barbarous manner slaine and murdered wherewith his Majesty having been likewise made acquainted as he is very sensible of the scandal that may hereby be cast upon the Peace and Government of the Realme in general when the chief City thereof and where his own Person is resident should by the remissnesse and neglect of Magistrates in the Execution of his Laws suffer a fact and misdemeanour of so high a nature to be committed and to passe unpunished So he is very highly displeased thereat and hath therefore commanded us in his name hereby streightly to charge and require your Lordship c. that with all care and diligence you do forthwith enquire out the principal Actors and Abettors therein and to cause them to be apprehended and committed to Prison and to be proceeded with and punished in the sevarest manner that by the Laws of the Realme is provided against offenders in so high a nature And so c. The Commons at this time voted that Doctor Neal Bishop of Winchester and Dr. Laud Bishop of Bath and Wells be named to be those near about the King who are suspected to be Arminians and that they are justly suspected to be unsound in their opinions that way The House was turned again into a Committee concerning the Remonstrance And Mr. Selden proposed that to the excessive power of the Duke should be added the abuse of that power since that abuse is the cause of these evils that it be presented to his Majesty to consider whether it be safe for the King and Common-wealth that a man of his power should be so near his Majesty and it was ordered accordingly All the parts of the Remonstrance being agreed unto it was perfected to be presented to the King being as followeth MOst Dread Sovereign as with humble thankfulnesse we your dutiful Commons now assembled in Parliament do acknowledge the great comfort which we have in your Majesties pious and gracious disposition so we think it a meet and most necessary Duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to informe your Majesty thereof
and with bleeding hearts and bended knees to crave your speedy Redresse therein as to your own wisdome unto which we most humbly submit our selves and our desires shall seeme most meet and convenient What the multitude and Potency of your Majesties enemies are abroad What be their malicious and ambitious ends and how vigilant and constantly industrious they are in pursuing the same is well known to your Majesty Together with the dangers threatned thereby to your sacred Person and your Kingdomes and the calamities which have already fallen and do daily encrease upon your Friends and Allies of which we are well assured your Majesty is most sensible and will accordingly in your great wisdome and with the gravest and most Mature Councel according to the exigencie of the times and occasions provide to prevent and help the same To which end we most humbly intreat your Majesty first and especially to cast your eyes upon the miserable condition of this your own Kingdome of late so strangely weakened and dejected that unlesse through your Majesties most gracious Wisdom Goodnesse and Iustice it be speedily raised to a better condition it is in no little danger to become a sudden Prey to the Enemies thereof and of the most happy and flourishing to be the most miserable and contemptible Nation in the World In the discoveries of which dangers mischiefs and inconveniences lying upon us we do freely protest that it is far from our thoughts to lay the least aspersion upon your sacred Person or the least scandal upon your Government For we do in all sincerity of our hearts not only for our selves but in the Name of all the Commons of the Realme whom we represent ascribe as much duty as a most loyal and affectionate people can do unto the best King for so you are and so have been pleased abundantly to expresse your self this present Parliament by your Majesties clear and satisfactory answer to our Petition of Right For which both our selves and our posterity shall blesse God for you and ever preserve a thankful memory of your great goodnesse and Iustice therein And we do verily believe that all or most of these things which we shall now present unto your Majesty are either unknown unto you or else by some of your Majesties Ministers oâ—fered under such specious pretences as may hide their own ill intentions and ill consequences of them from your Majesty But we assure our selves according to the good example of your Majesties Predecessors nothing can make your Majesty being a wise and Iudicious Prince and above all things desirous of the welfare of your people more in love with Parliaments then this which is one of the principal ends of calling them that therein your Majesty may be truely informed of the State of all the several parts of your kingdome and how your Officers and Ministers do behave themselves in the trust reposed in them by your Majesty which is scarce able to be made known unto you but in Parliament as was declared by your blessed Father when he was pleased to put the Commons in Parliament assembled in minde that it would be the greatest unfaithfulnesse and breach of duty to his Majesty and of the trust committed to them by the Countrey that could be if in setting forth the grievances of the people and the condition of all the parts of this Kingdome from whence they come they did not deal clearly with him without sparing any how near and dear soever they were unto him if they were hurtful or dangerous to the Common-Wealth In confidence therefore of your Majesties gracious acceptation in a matter of so high importance and in faithful discharge of our duties We do first of all most humbly beseech your Majesty to take notice that howsoever we know your Majesty doth with your soul abhor that any such thing should be imagined or attempted Yet there is a general fear conceived in your people of secret working and combination to introduce into this kingdome innovation and change of our holy Religion more precious unto us then our lives and whatever this world can afford And our fears and jealousies herein are not meerly conjectural but arising out of such certain and visible effects as may demonstrate a true and real Cause For notwithstanding the many good and wholesome Laws and provisions made to prevent the increase of Popery within this kingdome and notwithstanding your Majesties most gracious and satisfactory answer to the Petition of both Houses in that behalfe presented to your Majesty at Oxford We finde there hath followed no good execution nor effect but on the contrary at which your Majesty out of the quick sense of your own religious heart cannot but be in the highest measure displeased those of that Reliligion do finde extraordinary favors and respect in Court from persons of great quality and power whom they continually resort unto and in particular to the Countesse of Buckingham who her self openly professing that Religion is a known favourer and supporter of them that do the same which we well hoped upon your Majesties Answer to the aforsaid Petition at Oxford should not have been permitted nor that any of your Majesties Subjects of that religion justly to be suspected should be entertained in the service of your Majesty or your royal consort the Queen Some likewise of that Religion have had Honours Offices and places of Command and Authority lately conferred upon them But that which striketh the greatest terror into the hearts of your Loyal Subjects concerning this is that Letters of Stay of legal proceedings against them have been procured from your Majesty by what indirect meanes we know not And Commissions under the great Seale granted and executed for composition to be made with Popish Recusants with Inhibitions and restraints both to the Ecclesiastical and temporal Courts and Officers to intermeddle with them which is conceived to amount to no leâ—â—e then a toleration odious to God full of dishonour and extreame disprosit to your Majesty of great scandal and griefe to your good people and of apparent danger to the present State of your Majesty and of this Kingdome their numbers power and insolency daily increasing in all parts of your Kingdome and especially about London and the Subburbs thereof Where exceeding many Families do make their abode publiquely frequent Masse at Denmark House and other places and by their often meetings and conferences have opportunities of combining their Councels and Strength together to the hazard of your Majesties safety and the State and most especially in these doubtful and calamitous times And as our fear concerning change or subversion of Religion is grounded upon the daily increase of Papists the open and professed Enemies thereof for the Reasons formerly mentioned So are the hearts of your good Subjects no lesse perplexed when with sorrow they behold a daily growth and spreading of the faction of the Arminians that being as your Majesty well knows but a cunning way to
that under some colourable pretence might secretly by this as by other wayes contrive to change the frame both of Religion and Government and thereby undermine the frame both of Religion and Government and thereby undermine the safety of your Majesty and your Kingdomes These men could not be ignorant that the bringing in of Strangers for aid hath been pernitious to most States where they have been admitted but to England fatal We do blesse God that hath given your Majesty a wise understanding heart to discern of those courses and that such power produceth nothing but weaknesse and calamity And we beseech your Majesty to pardon the vehemencie of our expression if in the Loyal and zealous affections we bear to your Majesty and your service we are bold to declare to your Majesty and the whole world that we hold it far beneath the heart of any free English man to think that this victorious Nation should now stand in need of German Souldiers to defend their own King and kingdom But when we consider the course formerly mentioned and these things tending to an apparent change of Government the often breaches of Parliament whereby your Majesty hath been deprived of the faithful Councel and free Aids of your people by taking off Tonnage and poundage without graunt thereof by Act of Parliament ever since the beginning of your Majesties Reigne to this present The standing Commission granted to the Duke of Buckingham to be general of an Army in the Land in the time of peace the discharging of faithful and sufficient Officers and Ministers some from Iudicial places and others from the Offices and authorities which they formerly held in the Common-wealth We cannot but at the sight of such an apparant desolation as must necessarily follow these courses out of the depth of sorrow lift up our cryes to heaven for help and next under God apply our selves unto your sacred Majesty who if you could hear so many thousands speaking together do joyntly implore speedie help and Reformation And if your Majesty would be pleased to take a further view of the present state of your Realme We do humbly pray you to consider whether the miserable disasters and ill successe that hath accompanied all your late designes and actions particularly those of Cales and the Isle of Ree and the last expedition to Rochel have not extreamlie wasted that stock of Honor that was left unto this kingdome sometimes terrible to all other Nations and now declining to contempt beneath the meanest Together with our Honours we there lost those and that not a few who had they lived we might have some better hope of recovering it again our valiant and expert Collonels Captaines and Commanders and many thousand common Souldiers and Marriners Though we have some cause to think that your Majesty is not as yet rightly informed thereof and that of six or seven thousand of your Subjects lost at the Isle of Ree Your Majesty received information but of a few hundreds And this dishonour and losse hath been purchased with the consumption of above a million of Treasure Many of the Forts are exceeding weak and decayed and want both men and Munition And here we cannot but with grief consider and complaine of a strange improvidence we think your Majesty will rather call it treacherie That your store of powder which by order of your Privy Councel dated the tenth of December 1626. should be constantly three hundred Last besides a continual supply of twenty Last a month for ordinary expences and were now fit as we conceive to be double the proportion is at this time in the Tower the present Warrants being served but nine Lasts and forty eight pounds in all which we tremble to think of And that notwithstanding this extreame scarcity of powder great quantities have been permitted to be sold out of your Majesties Store to particular persons for private Gain Whereof we have seen a certificate six Last sold sithence the 14th of January last and your Majesties store being unfurnished of powder which by a contract made with Mr. Evelyn by advise of your Lords in Parliament ought to be supplyed monthly with twenty last at the rate of three pound ten shillings ten pence a Barrel Your Majesty hath been forced to pay above seven pound a Barrel for powder to be brought in from beyond Seas for which purpose twelve thousand foure hundred pounds was impressed to Mr. Burlemack the last year and that powder not so good as that by Contract your Maiesty should have by one third part All which are most fearful and dangerous abuses But what the poverty weaknesse and misery of your kingdome is now grown unto by decay of Trade and destruction and losse of Ships and Marriners within these three years we are almost afraid to declare And could we by any other means have been sure that your Majesty should any other way have had a true Information thereof We should have been doubtful to have made our weaknesse and extreamity of misfortune in this kinde to appear But the importunate and most pitiful complaints from all the parts of the kingdome near adjoyning to the Sea in this kinde would rend as we think the stoniest heart in the world with sorrow and the sense we have of the miserable condition your Kingdome is in by reason thereof especially for that we see no possible means being now shortly to end this Session how to help the same adds such a weight of grief unto our sad thoughts as we have not words to expresse it But for your Majesties more exact information therein We beseech you be pleased to peruse the Kalender of particulars which with the Remonstrance we most humblie present unto your Majestie One reason amongst many of this decay of Trade and losse of ships and Marriners is the not guarding of the narrow Seas the regality whereof your Majestie hath now in a manner wholly lost being that wherein a principal part of the Honor and safety of this Kingdome heretofore consisted And now having absolutely neglected it the Town of Dunkirk doth so contiually rob and spoile your Subjects that we can assure your Majesty if some present and effectuall remedy be not forthwith provided the whole Trade of this Kingdome the shipping marriners and all belonging thereunto will be utterly lost and consumed The principal cause of which evils and dangers we conceive to be the excessive power of the Duke of Buckingham and the abuse of that power And we humbly submit unto your Majesties excellent Wisdome whether it be safe for your self or your Kingdoms that so great power as rests in him by Sea and Land should be in the hands of any one Subject whatsoever And as it is not safe so sure we are it cannot be for your service it being impossible for one man to mannage so manie and weightie affaires of the Kingdome as he hath undertaken besides the ordinary duties of those offices which he holds some of which
Subjects by being secure from all undue Charges be the more incouraged chearfully to proceed in their course of Trade by the increase whereof your Majesties Profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their duty both to your Majesty and their Countrey save onely to make this humble Declaration That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is a breach of the Fundamental Liberties of this Kingdom and contrary to your Majesties Royal answer to the said Petition of Right And therefore they do most humbly beseech your Majesty to forbear any further recieving of the same and not to take it in ill part from those of your Majesties loving Subjects who shall refuse to make payment of any such Charges without Warrant of Law demanded And as by this forbearance your most excellent Majesty shall manifest unto the world your Royal Iustice in the observation of your Laws So they doubt not but hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties Honor and Profit MR. Noy after the reading hereof moved the House that his Majesty might be requested that the Merchants might ship their goods without a Cocket otherwise they do forfeit their goods Iune 26. The Speaker being sent for to the King at Whitehall came not into the House till about nine a clock And after Prayers the Remonstrance concerning Tunnage and Poundage being ingrossed was a reading in the House and while it was a reading the King sent for the Speaker and the whole House and the King made a Speech as followeth IT may seem strange that I came so suddenly to end this Session before I give my assent to the Bills I will tell you the cause though I must avow that I owe the account of my actions to God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truly informed that a second Remonstrance is preparing for me to take away the profit of my Tunnage and Poundage one of the chiefest maintenances of my Crown by alleadging I have given away my right thereto by my Answer to your Petition This is so prejudicial unto me that I am forced to end this Session some few hours before I meant being not willing to receive any more Remonstrances to which I must give a harsh Answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no ways to trench upon my Prerogative saying they had neither intention or power to hurt it Therefore it must needs be conceived that I have granted no new but only confirmed the Antient Liberties of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self that those things which have been done whereby many have had some cause to expect the Liberties of the Subjects to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn into example for your prejudice and from time to time in the word of a King ye shal not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask nor meant by me I am sure to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for you only under me belongs the interpretation of Laws for none of the Houses of Parliament either joint or separate what new Doctrine soever may be raised have any Power either to make or declare a Law without my consent After this Speech ended the Bill of Subsidie was delivered to the Speaker standing at the Bar in the Lords House who made a short Speech and shewed that it was the greatest gift that ever was given in so short a time And so craving pardon for the errors of the House and his own which he knew to be very many he desired the King to give his Royal Assent The King came so suddenly and unexpectedly to the House that the Lords were not in their Robes and the Commons had given no direction or Order for the Speaker to deliver the Bill of Subsidies Neither was it brought down to the Commons House as it was used but the Bills were read and the Bill for the Sabbath for Recusants children for Alehouse-keepers for continuance of Statutes for the Clergies Subsidie for the Lay of Subsidie all passed But for the Bill for explanation of the Statutes 3. Iac. about Leases of Recusants Lands The King said that in this short time he had not time sufficient to consider thereof but he said he found many Errors therein though the Title be faire and if at the next meeting they would amend those Errors it should pass Many private Bills passed also and after they were all read their Titles and the Kings Answer to them which to the publique Bills was Le Roy le veult to the private Soit fait come il est desire The Lord Keeper said it is his Majesties pleasure that this Session now end and that the Parliament be prorogued till the twentieth of October next At this Parliament which begun at Westminster the 17. of March Anno Regni R. Caroli 3. These Acts were passed FIrst An Act for further reformation of sundry Abuses committed on the Lords day called Sunday 2. The Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament Assembled concerning divers Rights and Priviledges of the Subject with the Kings assent thereunto in full Parliament 3. An Act for repressing of all unlicenced Alehouses 4. An Act to restrain the sending over of any to be popishly bred beyond the Seas 5. An Act for establishing of Suttons Hospital c. 6. An Act for the Establishing of the Tenants Estates of Bromfield and Yale in the County of Denbigh c. 7. An Act for the continuance and repeal of divers Statutes c. 9. An Act for five entire Subsidies granted by the Clergy 10. An Act concerning the Title c. of Earl of Arundel and for the annexing of the Castle of Arundel
objections against his Majesties Speech the last day of the last Session as trenching upon the liberty of the Subject in these and the like cases the Privy Councel of the House were to be instructed how to demean themselves and to advise all fair and possible means to have a good agreement between his Majesty and his people But in case the House proceed upon any of the particulars before mentioned and draw towards a resolution that the Privy Councel who are of the House do intimate that these Debates will tend to a breach and will not be admitted of and the King thereupon to declare himself presently that he will not suffer such irregular courses of proceeding SO soon as the Parliament Reassemble on Tuesday the 20. of Ianu. In the first place the Commons inquired whether the Petition of Right with his Majesties Answer unto it were inrolled in the Parliament Rolls and the Courts of Westminster as his Majesty promised them the last Session and they found his Majesties Speech made the last day of the Session entred by his Majesties command together with the Petition and Norton the Kings Printer being called into the House and demanded by what Warrant the Additions besides his Majesties Answer to the Petition of Right were Printed he said there was a Warrant as he thought from the K. himself and being demanded whether there were some Copies Printed without additions he said there were about 1500. but they were suppressed by Warrant and Mr. Attourney General commanded that no more of them should be Printed and that those that were first Printed should not be divulged The next thing taken into consideration was the violation of the Liberties of the People since the end of the last Session even contrary to the Petition of Right some having been since the time committed and a Command sent to the Sheriff not to execute a Replevin when mens Goods and Merchandises have been taken away and it was instanced in the Case of Mr. Rolls a Merchant and known to be a Member of the House to whom it was said by some of the Officers of the Custome House If all the Parliament were in you we would take your goods Whereupon Sir Robert Philips made this Speech BY this Information you see how unfortunate these times are and how full time it was for this Assembly to meet to serve his Majesty and to serve their Countrey and I am confident that coming hither with fulness of affection to our King and Countrey all will conduce to a happy conclusion and to the Kings honour Indeed our own great and weighty affairs wound deep cast your eyes which way you please you shall see violations on all sides look on the liberty of the Subject look on the priviledge of this House let any say if ever he saw or read the like violations by inferiour Ministers that over do their command they knew the party was a Parliament man nay they say if all the Parliament were in you this we would do and justifie it If we suffer the Priviledge of Parliament and Liberty of Subjects to be thus violated for fear of complaint we give a wound to the happiness of the Kingdom The course of Iustice is interrupted and an Order in the Exchequer made for the stay of the goods and since there is a seisure upon the approach of Parliament of goods amounting to five thousand pounds for a pretended duty of two hundred pounds Custome Its time to look about us In the first year of King James by reason of the sicknesse that there was the Parliament was prorogued and then there were some so bold as to take this Tunnage and Poundage and then we questioned the men thaâ— demanded it Let us proceed with affection of duty and make up breaches let a Committee be appointed for the examination of these proceedings This businesse was referred to a Committee and the Officers of the Custome House who had seized these Merchants goods were ordered to be sent for and whilst they were in Debate of this businesse the King sent a Message to the House and willed them to desist from further Debate of those matters concerning Tunnage and Poundage till the next day in the afternoon at which time he would speake with them at the Banqueting House at Whitehall Where his Majesty made this Speech THe care I have to remove all Obstacles that may hinder the good correspondency between me and this Parliament is the cause I have called you together at this time the particular occasion being a complaint made in the Lower House And for you my Lords I am glad to take this and all other occasions whereby you may clearly understand both my words and actions for as you are neerest in Degree so you are the fittest Witnesses unto Kings The complaint I speak of is for staying mens goods that denyed Tunnage and Poundage this may have an easie and short conclusion if my words and actions be rightly understood for by passing the Bill as my Ancestors have had it my by-past actions will be included and my future proceedings authorized which certainly would not have been stuck on if men had not imagined that I had taken these duties as appertaining to my Hereditary Prerogative in which they are much deceived for it ever was and still is my meaning by the gift of my people to enjoy it and my intention in my Speech at the ending of the last Session concerning this point was not to challenge Tunnage and Poundage as of right but de bene esse shewing you the necessity not the right by which I was to take it untill you had granted it to me assuring my self according to your general professions you wanted time not will to give it me Wherefore now having opportunity I expect that without losse of time you make good your professions and so by passing of a Bill put an end to all the Questions arising from this Subject especially since I have cleared the onely Scruple that can trouble you in this businesse to conclude Let us not be jealous one of the others actions for if I had been easily moved at every occasion the Order you made on Wednesday last might have made me startle there being some shew to suspect that you had given your selves the liberty to be the Inquisitors after complaints the words of your Order being somewhat too largely pend but looking into your actions I find you only here complainers not seeking complaints for I am certain you neither pretend nor desire the liberty to be Inquisitors of mens actions before particular complaint be made This I have spoken to shew you how slow I am to believe harshly of your proceedings likewise to assure you that the Houses Resolutions not particular mens speeches shall make me judge well or ill not doubting but according to my example you will be deaf to ill reports concerning me till my words and actions speake for themselves that so
of all the Members of our Church except onely of some schismatical persons who have of late years taken the boldnesse to broach their contrary corrupt opinions we desire should not be called in question or doubt But howsoever it hath pleased your Majesty to our exceeding great comfort by many Testimonies to declare your own constant resolution to maintain the said Religion yet we see how your gracious purposes are therin crost and into what a miserable condition your whole Kingdom is likely by that means to be reduced we shall earnestlie endeavour as that which doth nearly concerne us the safety and prosperitie of your Majestie and people which are in such sort disordered that ruine thereby threatned to both may by Gods blessing be prevented being most heartilie sorrie that these occasions are offered which did thus hinder our proceedings And therefore as well for dignity and necessitie of the matter as for that we conceive it to be the most speedy and effectual way by uniting of all our hearts and endeavours to dispatch all other businesse of importance particularlie those which may seem more immediatlie to respect your Majesties profit We pray that our resolutions of preferring this businesse before all others may be acceptable to your Majestie to whom both in the matter and manner of our proceedings we desire to give all possible satisfaction Whereunto the King thus Answered GEntlemen this Answer being somewhat long may in reason require some time to reply unto it since as most of you cannot but judge this giveth no satisfaction Therefore I shall give you some short notes upon it I cannot think that whereas you alledge that the Bill of Tunnage and Poundage was brought in against the priviledge of your House That you will offer to take so much priviledge from every one of your members as not to allow them the liberty to bring in any Bill whatsoever although it be in your power when it is brought in to do with it what you think good And I cannot imagine you coming together by my power and to treat of things that I propound unto you can deny me that Prerogative to commend or offer my Bill unto you though in this particular I must confess that this Bill was not to have been offered to you in my Name as that Member of your House can bear witness As for the cause of delay in my businesse being Religion there is none of you shall have a greater care for the true preservation of it then my self which since it is confessed by your Answer You must either think I want power which cannot be or that I am very ill councelled if it be in so much danger as you affirm Though I may say much of this I will say no more but that for all this I shall not stop mine ears to you upon this subject so that in form and matter you transgresse not your limits as for Tunnage and Poundage I do not so much desire it out of greediness of the thing being perswaded you will make no stop in it when you once take it in hand as out of a desire to put an end to those Questions that do arise between me and some of my Subjects thinking it a strange thing if you should give Ear to those complaints and not to take the sure and speedy way to decide them Besides I must think it strange that this business of Religion should only be a hinderer of my Affaires whereas I am certainly informed all other things go according to their ordinary course therefore I must still be instant with you that you proceed with Tunnage and Poundage with diligence not looking to be denied in so just a desire and you must not think it strange i◠I finding you slack give you such further quickning as I shall find cause Hereupon Secretary Cook did acknowledge that at the presenting of the Bill of Tunnage to be read he said his Majesty much desired it but it was a mistake that his Majesty commanded it Wednesday the 4. of February THe House fell into debate of the Kings Declaration published in print to prohibite dispute or preaching one way or other concerning the matters mentioned in the Declaration alledging in the debate that the main end thereof was to suppress the Puritan party and yet to give liberty to the contrary side and they conceived that Bishop Laud and Bishop Montague mentioned in the last Remonstrance had advised the King to that Declaration Bishop Laud being advanced since the last Session of Parliament to be Bishop of London and Mr. Montague since that time made Bishop of Chichester And a Warrant was grantted to the Attourney General to draw up a pardon for him but whereas the Warrant was but for one the Attourney put four into the pardon viz. Bishop Montague Doctor Cosens Doctor Sibthorp and Doctor Manwaring Tuesday the 10. of February WHilst the House was in debate touching matters of Religion the Ware-house of Mr. Rolls Merchant and Member of the House then sitting in Parliament was locked up by a Pursuevant and himself called forth from the Committee and served with a Subpoenâ This gave occasion of smart debates in the House some said they were made the subject of scorn and contempt others conceived this to be a bone thrown in by them that have drawn a cloud on the true Religion to divert or interrupt them in the prosecution of that matter and they desired the messenger might be sent for and be examined by what procurement this Subpoenâ was taken forth Sir Humphrey May Chancellor of the Duchy and one of the Privy Councel assured the House that this neither proceeded from King nor Councel and therefore desired it might be searched into the bottome And it was afterwards cleared by Master Atturney General by his writing a Letter to Mr. Rolls that the serving a Subpoenâ upon him was a mistake and prayed that a favourable interpretation might be given of that matter Upon report from the Committee for Tunnage and Poundage Sir Iohn Wolstenholme Mr. Dawes and Mr. Carmarthan were ordered to appear at the Barr on Friday next and report was made to the House that Master Atturney notwithstanding his Letter did give order for the processe against Mr. Rolls and that in the Bill preferred in the Exchequer it was expressed the Merchants did plot practice and combine against the peace of the Kingdome This business being a matter of weight the further consideration thereof was appointed for another day and no member might go out of Town without Licence Thursday the 12. of February THe House was turned into a Committee concerning the business of Tunnage and Poundage and several Merchants did Petition that their goods were not only seized but informations preferred in Star-Chamber against them The Committee in their debate inclined that the Merchants might have their goods before they enter upon the Bill for Tunnage and Mr. Noy expressed himself
Protestation was published in the House viz. Whosoever shall bring in Innovation of Religion or by favour or countenance seek to extend or introduce Popery or Arminianism or other opinion disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom and Commonwealth 2. Whosoever shall counsel or advise the taking and levying of the Subsidies of Tunnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed an Innovator in the Government and Capital Enemy to the Kingdom and Commonwealth 3. If any Merchant or Person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an Enemy to the same Hereupon the King sent for the Sergeant of the House but he was detained the Door being lockt then he sent the Gentleman Usher of the Lords House with a Message and he was refused admittance till the said Votes were read and then in much confusion the House was adjourned to the tenth of March according as it was intimated from his Majesty Nevertheless his Majesty by Proclamation dated the second of March declares the Parliament to be dissolved The passages of this day and the preceding day in Parliament are hereafter more fully related in the proceedings in the Kings Bench. By the King A Proclamation about the dissolving of the Parliament WHereas We for the general good of our Kingdom caused our high Court of Parliament to assemble and meet by prorogation the 20 day of January last past sithence which time the same hath been continued And although in this time by the malevolent dispositions of some ill affected persons of the House of Commons We have had sundry Iust Causes of offence and dislike of their proceedings yet We resolved with patience to trie the uttermost which we the rather did for that We found in that House a great number of sober and grave Persons well-affected to Religion and Government and desirous to preserve unity and peace in all parts of Our Kingdom And therefore having on the five and twentieth day of February last by the uniform advice of our Privy-Council caused both Houses to be adiourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have a happy end and issue And for the same intent We did again this day command the like Adiournment to be made until the tenth day of this Month It hath so happened by the disobedient and seditious carriage of those said ill affected persons of the House of Commons That We and Our Regal Authority and Commandment have been so highly contemned as our Kingly Office cannot bear nor any former age can paralel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament to all others whom it may concern That they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others shall take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to faction and to work disturbance to the peace and good order of Our Kingdom Given at our Court at Whitehal this second day of March in the fourth yeer of Our Reign of Great Britan France and Ireland This Proclamation was not published till after the tenth of March. The day following Warrants were directed from the Council to Denzil Holles Esq Sir Miles Hobert Sir Iohn Elliot Sir Peter Hayman John Selden Esq William Coriton Walter Long William Stroud Benjamin Valentine commanding their personal appearance on the morrow At which time Mr. Holles Sir Iohn Elliot Mr. Corriton Mr. Valentine appearing and refusing to answer out of Parliament what was said and done in Parliament were committed close prisoners to the Tower and Warrants were given the Parliament being still in being for the sealing up of the studies of Mr. Holles Mr. Selden and Sir Iohn Elliot Mr. Long and Mr. Stroud not then nor of some time after appearing a Proclamation issued out for the apprehending of them On the tenth of March being six days after the commitment of the said Members his Majesty being set in his Royal Throne with his Crown on his head and in his Robes and the Lords in their Robes also and divers of the Commons below the Bar but not their Speaker neither were they called his Majesty spake as followeth My Lords I Never came here upon so unpleasant an occasion it being the dissolution of a Parliament therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general maxime of Kings to leave harsh Commands to their Ministers themselves only executing pleasing things yet considering that Iustice as well consists in reward and praise of vertue as punishing of vice I thought it necessary to come here to day and to declare to you and all the world that it was meerly the undutiful and seditious carriage in the Lower House that hath made the dissolution of this Parliament and you My Lords are so far from being any causers of it that I take as much comfort in your dutiful demeanour as I am justly distasted with their proceedings yet to avoyd their mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I knâ—w that there are many there as dutiful Subjects as any in the world it being but some few Vipers among them that did cast this mist of undutifulness over most of their eys yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as those Vipers must look for their reward of punishment so you My Lords must justly expect from me that favour and protection that a good King oweth to his loving and faithful Nobility And now my Lord Keeper Do what I have commanded you Then the Lord Keeper said My Lords and Gentlemen of the House of Commons the Kings Majesty doth dissolve this Parliament Whilst the King is preparing a Declaration of the causes and motives which induced him to dissolve this Parliament let us see what followed hereupon The discontents of the common people upon this Dissolution were heightned against the powerful men at Court and the Kings most inward Counsellors for some few days after two Libels were found in the Dean of Pauls yard one against Bishop Laud to this effect
called to the Councel-board at Hampton Court about some things which were complained of in reference to the Customs did then and there in an insolent manner in the presence or hearing of the Lords and others of his Majesties Privy Council then sitting in Counsel utter these undutiful seditious and false words That the Merchants are in no part of the World so skrewed and wrung as in England That in Turky they have more incouragement By which words he the said Richard Chambers as the Information setteth forth did endeavor to alienate the good affection of his Majesties Subjects from his Majesty and to bring a slander upon his just Government and therefore the Kings Attorney prayed process against him To this Mr. Chambers made answer That having a Case of silk Grogerams brought from Bristol by a Carrier to London of the value of 400. l. the same were by some inferior Officers attending on the Custome-house seized without this Defendants consent notwithstanding he offered to give security to pay such Customs as should be due by Law and that he hath been otherwise grieved and damnified by the injurious dealing of the under-Officers of the Custome-house and mentioned the particulars wherein and that being called before the Lords of the Council he confesseth that out of the great sence which he had of the injuries done him by the said inferior Officers he did utter these words That the Merchants in England were more wrung and screwed then in forreign Parts Which words were onely spoken in the presence of the Privy-Council and not spoken abroad to stir up any discord among the people and not spoken with any disloyal thought at that time of his Majesties Government but onely intending by these words to introduce his just Complaint against the wrongs and injuries he had sustained by the inferiour Officers and that as soon as he heard a hard construction was given of his words he endeavoured by petition to the Lords of the Council humbly to explain his meaning that he had not the least evil thought as to his Majesties Government yet was not permitted to be heard but presently sent away prisoner to the Marshalsea and when he was there a prisoner he did again endeavour by petition to give satisfaction to the Lords of the Council but they would not be pleased to accept of his faithful explanation which he now makes unto this honourable Court upon his Oath and doth profess from the bottom of his heart That his speeches onely aimed at the abuses of the inferiour Officers who in many things dealt most cruelly with him and other Merchants There were two of the Clerks of the Privy-Council examined as Witnesses to prove the words notwithstanding the Defendant confessed the words in his Answer as aforesaid who proved the words as laid in the Information And on the sixth of May 1629. the Cause came to be heard in the Star-Chamber and the Court were of opinion that the words spoken were a comparing of his Majesties Government with the Government of the Turks intending thereby to make the people believe that his Majesties happy Government may be tearmed Turkish Tyranny and therefore the Court fined the said Mr. Chambers in the sum of 2000 l. to his Majesties use and to stand committed to the prison of the Fleet and to make submission for his great offence both at the Council-board in Court of Star-Chamber and at the Royal Exchange There was a great difference of opinion in the Court about the Fine and because it is a remarkable Case here followeth the names of each several person who gave sentence and the Fine they concluded upon viz. Sir Francis Cottington Chancellour of the Exchequer his opinion was for 500 l. Fine to the King and to acknowledge his offence at the Council-board the Star-Chamber-Bar and Exchange Sir Tho. Richardson Lord chief Justice of the common pleas 500 l. Fine to the King and to desire the Kings favour Sir Nicholas Hide Lord chief Justice of the Kings Bench 500 l. and to desire the Kings favour Sir Iohn Cook Secretary of State 1000 l. Sir Humphry May Chancellour 1500 l. Sir Thomas Edmons 2000 l. Sir Edward Barret 2000 l. Doctor Neal Bishop of Winchester 3000 l. Doctor Laud Bishop of London 3000 l. Lord Carlton principal Secretary of State 3000 l. Lord Chancellour of Scotland 2000 l. Earl of Holland 1500 l. Earl of Doncaster 1500 l. Earl of Salisbury 1500 l. Earl of Dorset 3000 l. Earl of Suffolk 3000 l. Earl of Mountgomery Lord Chamberlain 1500 l. Earl of Arundel Lord High Marshal 3000 l. Lord Montague Lord Privy Seal 3000 l. Lord Connoway 2000 l. Lord Weston Lord Treasurer 3000 l. Lord Coventry Lord Keeper of the Great Seal 1500 l. So the fine was setled to 2000 l. And all except the two Chief Justices concurred for a submission also to be made And accordingly the copy of the submission was sent to the Warden of the Fleet from Mr. Atturny General to shew the said Richard Chambers to perform and acknowledg it and was as followeth I Richard Chambers of London Merchant do humby acknowledge that whereas upon an Information exhibited against me by the Kings Atturney General I was in Easter Term last sentenced by the Honourable Court of Star-Chamber for that in September last 1628. being convented before the Lords and others of his Majesties most Honourable Privy-Council Board upon some speeches then used concerning the Merchants of this Kingdom and his Majesties well and gracious usage of them did then and there in insolent contemptuous and seditious manner falsly and maliciously say and affirm That they meaning the Merchants are in no parts of the world so skrewed and wrung as in England and that in Turky they have more incouragement And whereas by the sentence of that Honorable Court I was adjudged among other punishments justly imposed upon me to make my humble acknowledgment and submission of this great offence at this Honorable Board before I should be delivered out of the Prison of the Fleet whereto I was then committed as by the said Decree and Sentence of that Court among other things it doth and may appear Now I the said Richard Chambers in obedience to the Sentence of the said Honorable Court do humbly confess and acknowledg the speaking of these words aforesaid for the which I was so charged and am heartily sorry for the same and do humbly beseech your Lordships all to be Honorable intercessors for me to his Majesty that he would be graciously pleased to pardon that graet error and fault so committed by me When Mr. Chambers read this draught of submission he thus subscribed the same All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never to death will acknowledge any part thereof Rich. Chambers Also he under-writ these Texts of Scripture to the said Submission before he returned it That make a man an offender
whence he came and whither to go And that the Gates of each City be shut all night and keyes kept by the Mayor or Governour 5. Also Inn-keepers to deliver the names of all unknown passengers that lodge in their houses and if they stay suspitiously at any time to present them to the Governour whereby dangerous persons seeing these strict courses will be more wary of their actions and thereby mischievous attempts will be prevented All which being referred to your Majestie 's wise consideration it is meet for me withall to give you some satisfaction of the charge and time to perform what is purposed that you may not be discouraged in the difficulty of the one or prolongation of the other both which doubts are resolved in one and the same reason in respect that in England each chief Town commonly hath a ruinated Castle well seated for strength whose foundation and stones remaining may be both quickly repaired for this use and with little charge and industry made strong enough I hope for this purpose within the space of one year by adding withall Bulwarks and Rampiers for the Ordnance according to the rules of Fortification The Ordnance for these Forts may be of Iron not to disfurnish your Majestie 's Navy or be at a greater charge then is needfull To maintain yearly the Fort I make account in ordinary pay three thousand men will be sufficient and will require forty thousand pound charge per Annum or thereabouts being an expence that inferiour Princes undergo for their necessary safety All which prevention added to the invincible Sea-force your Majesty hath already and may have will make you the most powerfull and obeyed King of the world Which I could likewise confirm by many examples but I omit them for brevity and not to confuse your Majesty with too much matter Your Majesty may find by the scope of this discourse the means shewed in generall to bridle your Subjects that may be either discontent or obstinate So likewise am I to conclude the same intent particularly against the perversnesse of your Parliament as well to suppresse that pernitious humour as to avoid their oppositions against your profit being the second part to be discoursed on and therefore have first thought fit for better prevention thereof to make known to your Majesty the purpose of a generall Oath your Subjects may take for sure avoiding of all rubs that may hinder the conclusion of these businesses It is further meant that no subject upon pain of high Treason may refuse the same Oath containing onely matter of Allegiance and not scruples in points of Conscience that may give pretence not be denyed The effect of the Oath is this That all your Majestie 's Subjects do acknowledge you to be as absolute a King and Monarch within your Dominions as is amongst the Christian Princes and your Prerogative as great whereby you may and shall of your self by your Majestie 's Proclamation as well as other Soveraign Princes doing the like either make Lawes or reverse any made with any other Act so great a Monarch as your self may do and that without further consent of a Parliament or need to call them at all in such cases considering that the Parliament in all matters excepting causes to be sentenced as the highest Court ought to be subject unto your Majestie 's will to give the negative or affirmative conclusion and not to be constrained by their impertinencies to any inconvenience appertaining to your Majestie 's Regall Authority and this notwithstanding any bad pretence or custom to the contrary in practise which indeed were fitter to be offered a Prince elected without other right than to your Majesty born successively King of England Scotland and Ireland and your Heirs for ever and so received not onely of your Subjects but also of the whole world How necessary the dangerous supremacy of Parliament's usurpation is to be prevented The example of Lewes the Eleventh King of France doth manifest who found the like opposition as your Majesty doth and by his wisdom suppressed it And to the purpose here intended which is not to put down altogether Parliaments and their authority being in many cases very necessary and fit but to abridge them so far as they seek to derogate from your Majesties Regall authority and advancement of your greatnesse The caution in offering the afore-said Oath may require some policy for the easier passage at first either by singular or particular tractation and that so near about one time over the Land as one Government may not know what the other intendeth so it may passe the easier by having no time of combination or opposition There is another means also more certain then this to bring to passe the Oath more easily as also your profit and what else pretended which here I omit for brevity requiring a long discourse by it self and have set it down in particular instructions to inform your Majesty 2. The second part of this Discourse is touching your Majestie 's Profit after your State is secured Wherein I should observe both some reasonable content to the people as also consider the great expences that Princes have now adaies more then in times past to maintain their greatnesse and safety of their Subjects who if they have not wit or will to consider their own interest so much indifferently your Majestie 's wisdom must repair their defects and force them to it by compulsion but I hope there shall be no such cause in points so reasonable to increase your Majestie 's revenue wherein I set down divers means for your gratious Self to make choice of either all or part at your pleasure and to put it in execution by such degrees and cautions as your great wisdom shall think fit in a businesse of this nature Imprimis The first means or course intended to increase your Majestie 's revenues or profit withall is of greatest consequence and I call it a Decimation being so tearmed in Italy where in some part it is in use importing the tenth of all Subjects estates to be paid as a yeerly rent to their Prince and as well monyed men in Towns as landed men in the Countries their value and estates esteemed justly as it is to the true value though with reason and this paid yeerly in mony Which course applyed in England for your Majestie 's service may serve instead of Subsidies Fifteens and such like which in this case are fit to be released for the Subjects benefit and content in recompence of the said Decima which wil yield your Majesty more in certainly than they do Casually by five hundred thousand pounds per annum at the least Item That when your Majesty hath gotten monie into your hands by some courses to be set down it would be a profitable course to increase your Entrada to buy out all Estates and Leases upon your own Lands in such sort as they be made no
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
Edward Cook A Message from the King to the House of Commons to end the Sessions Mr. Pyms Speech at the delivery of the charge against Dr. Manwaring â—udgement given against Dr. Manwawaring Dr. Manwaings submissions Another Message from the King Sir Robert Phillips Sir John Elliot Sir Dudly Diggs Sir Nathan Rich. The Commons declare that no undutiful Speech hath been spoken Mr. Wandesford Sir Edw. Cook declares the Duke the cause of all our miseries Mr. Seldens advice for a Declaration against the Duke Several heads agreed on for a Remonstrance A Message from the King by the Speakâ—r Another Message from the King to the Commons A Message from his Majesty tâ— the house of Lords The Kings Message gâ—ves the Commons more hope then formerly Burlemack called into the House The Petition of both Houses to his Majesty for a further Answer to the Petition of right His Majesties second Answer to the Petition of right All Grand Committees to cease Sir Edward Cooks Observations upon the said Commission Sir Edward Cook mannageth the Conference between both Houses concerning the Commission Fâ—resh Debate in the House against the Duke Sir Iohn Elliot Sir Henry Martin Sir Benjamin Rudyard Sir Thomas Jermin Dr. Lamb killed A Letter to the City about Dr. Lambs Death Dr. Neal Dr. Laud suspected for Atminians Mr. Selden The Commons Remonstrance against the Duke The Speaker appointed to deliver the Remonstrance Order in Star-Chamber concerning the Duke The Duke desires to clear himself concerning some words The Comission for Excise cancelled Mr. Selden concerning Tunnage and Poundage The Commons Remonstrance of Tunnage and Poundage Mr. Noy The K. ends this Session in person and declares the reason Dr. Manwarings Sermon suppâ—essed by Proclamation A Proclamation and commissiâ—n concerning composition with Recusants A Proclamation against the Bâ—shop of Calcedon Romish Priests to be sent to Wisbitch Jesuites taken at Clerkenwell or acted to be proceeded against Order to search what Recusants are about London Sir Richard Weston and Bishop Laud advanced Mr. Montague advanced and his Apello Caesarem called in Preaching and Writing pro con about unnecessary questions prohibited A pardon granted to Dr. Manwaring Dr. Montague Rochel close besieged and relief designed The Duke slain Dr. Montague consecrated Bishop Rochel again attempted to be relieved but in vain The sad condition of Rochel at the surrender Defects in the relief of Rochel questioned Outrages committed by souldiers Advertisement of forreign designes The King of Denmark assisted with forces The German House disposed of Dr. Laud in â—avour with the King Conge d'esâ—ier for certain Bishops The meeting of the Parliament adjourned to Jan. 20. Great resort to Felton in prison Felton examined before the Council Threatned to be Racked The Judges opinions taken therein Merchants committed about Customs Merchants summonned to the Councel Table Mr. Chambers brought up with a Habeas Corpus and bailed Lords of the Councel dissatisfied with his bailing Felton brought to trial Confesseth the Fact Tenders his hand to be cut off Hung in chains Mr. Vassals goods seised on for denying Customes Information pâ—eserved against him Mr. Vassals plea to the Information Mr. Chambers goods seised on for not paying customes A Replevin sued ouâ— And superseaded Mr. Rolls a Merchant Private consultations about the ensuing Parliament The Parliament meets they enquire whether the Petition of Right be enrolled What were the violations of the Subjects Liberties since the last Parliament Sir Robert Philips Speech concerning that matter The matter was referred to a Committee The Kings Speech to both Houses in the Banqueting House The K. sends a Message to the House of Commons speedily to take Tunnagâ— Poundage in to consideration But the Commons resolvâ— to proceed in matters of Religion Mr. Rous Speech â—oncerning Religion A Report from the Commâ—tee for Religion The Remonstrance concerning Religion sent back by the King Precedency again given to Religion before Tunnage and Poundage Mr. Pyms speech concerning Religion Message by Secretary Cook about Tunnage and Poundage Sir Tho. Edmâ—nds Mr. Corriton An Answer resolved to be given to the Kings messages Sir Iohn Eliot concerning Religion The Commons enter into a Vow Both Houses Petition the King for a fast His Majesties Answer The Commons Declaration to the King to give precedency to Religion His Majesties Answer to the Commons Declaration Debate about the Kings Dâ—claration concerning disputes about Religion Mr. Rolls sitting in Parliament was called forth and served with a Subpaenâ Debate concerning the same The mistake of the Subpaenâ cleared A report from the Committee for Tunnage and Poundage Committee meeâ— agâ—n upon Tunnage and Poundage Mr. Noy concerning Tunnage and Poundage Barons of the Exchequer sent unto about staying the delivery of Merchants goods The Barons Answer Not satisfactory A report concerning pardons to Dr. Manwaring Mr. Montague c. Mr. Cromwel against the Bishop of Winchester A complaint of the noâ— licensing of Books against Popery Mr. Selden concerning Printing Debates about increase of Popery Secretary Cook concerning the Priests arraigned at Newgate Mr. Long a Justice of peace examined Sir Robert Heath his answer concerning the prosecution of the Priests A Fast. Mr. Dawes answer to the Commons Mr Carmarthens answer Mr. Selden The House in a Committee about the Customers answer Mr. Noy Message by Secretary Cook from the King about the Customers Order by the King and Council concelning the Costomers The Kings Commission to the Customers c. Resolve concerning Mr. Rolls Debates Sir Iohn Ellyots Speech against particular persons * Lord Weston afterwards died a Papist The Speaker refuses to put the Question Mr. Seldens Speech thereupon The Speaker again refuseth to put the Question Protestation in Parliament propounded whilst the Speaker was held in his chair The King sends the Usher of the Lords House Warrants to apprehend several Members of Parliament The Kings Speech at the Dissolution of the Parliament Libels cast abroad Members examined before the Lords of the Council 5 Caroli Anno 1629. Questions propounded to the Judges concerning the imprisoned Members Answer Mr. Stroud and Mr. Long brought upon a Habeas Corpus An Information in Star-Chamber against the Members Ro. Heath Hu Davenport Ro. Bartley Heneage Finch William Hudson An Information in Star Chamber against Sir Io. Elliot c. Proceedings in Star-Chamber against Mr. Chambers His Answer His Sentence A submission tendred His refusal Places of Scripture mentioned by him Isa. 29.21 Ecclus. 11.7 8 John 7.51 Act. 26.2 Exod. 23.6 Deut. 16.19 Mich. 2.1 2. Ezek. 45.9 and 46.8 Eccles. 5.8 London His Plea in the Exchequer H. 3.9 E. 1.3 H. 3.9 E. 3.5 t H. 7.3 H. 8.21 1629. 16 Iune London Order in the Exchequer Mr. Chambers brought by a Habeas Corpus His Petition to the Parliament His death Mr. Selden brought upon a Habeas Corpus A letter from the King to the Judges Another Letter L' Assembli des Notables A Letter to the Judges The King confers with some of them Motion to bail the prisoners An Information exhibited in the Kings Bench against vir Iohn Elliot c. The Plea of Sir Iohn Elliot Mr Long 's Case in the Star-Chamber Arguments concerning Sir Iohn Elliot Lord Chief Justice Hide Justice Whitlock Judgment Judgment pronounced The Kings Declaration of the causes which moved him to dissolve the last Parliament * Here are the passages concerning the Members deportment in the House mentioned in this Declaration which we â—orbear to repeat in regard the same are at large expressed in the Information in the Star-chamber before mentioned A Proposition presented to the King how to keep in awe this nation First to have a Fortresse in every considerable Town Secondly To cause high-waies to be made through such Townes Thirdly To choose the Souldiers of such Fortresses no Inhabitants of the place 4. To let none passe through such places without a Ticket 5. To have the names of all lodgers taken by Inkeepers The expence of these Forts To impose an oath on the Subjects Meanes â—o increase the King's revenewes 1 To demand a Decima of mens estates 2 To buy out all Leases upon the Crown-Lands 3 To take the Salt into his Majesties own hands 4 To demand a rate for Sealing the weights every yeare 5 To demand an Impost for Wools. 6 To put a Tax upon every Lawyers Fee 7 To put a Tax upon Inns and Victualling-houses for a License 8 To put a Tax upon all Carâ—le Flesh and Horses sold in the Market 9 To put a Tax upon all Lands alienated 10 To demand a rate upon all Offices in his Majestie 's grant 11 To reduce his Majesties Houshold to Board wages 12 To demand a rate for license to eat Lacticinia 13 To take an imposition upon the Catholicks lands At the Prince his marriage to make Earls in Principi to pay for it And Barons to be made Earls To make 200 rich men Titulate and they to pay for the Titles To make Gentlemen of low quality and rich Farmers Esquires Mr. Stroud Esq brought to the Kings-Bench-Bar upon a Habeas Corpus Also Walter Long Esq. Mr. Mason of Lincolns-Inn his Argument for Mr. Long. Serjeant Barckley his Argument against Stroud and Long. Serjeant Davenport's Argument against Stroud and Long Mr. Littleton's Argument for Mr. Selden See Fortoscue f. 115. the which was not cited there never Sedition Strife or Murmur is heard Sir Rob. Heath the Kings Atturney Generall his Argument against Mr. Selden An Information exhibited in the King's Bench against Sir Iohn Eliot and others Mr. Mason's Argument for Sir John Eliot Mr. Calibrop's Argument for Mr. Valentine Camden's Brit. 449. 1. Object 2. Object 3. Object 4. Object 5. Object 6. Object 7. Object 8. Object Sir Rob. Heaths Argument against Sir John Elliot 1 Car 16 Jac. 1618. 1 Car. 1625.
special Charge and Direction so soon as the said Fleet or the greatest thereof shall be reassembled and joyned together then presently with the first opportunity of wind taking into his Charge also the Ships stayed and prepared at Portsmouth and Plimouth together with such fire Ships and other Vessels as shall be provided for this expedition to return to Rotchel with all possible diligence and do his best endevor to relieve the same Letting his Lordship know that order is taken for the victualling of the Fleet by Petty warrant so long as it remaineth in Harbor for the sparing and lengthening of the Sea victuals And if it so fall out that the Earl of Denbigh do set forward on his voyage towards Rotchel before the whole Fleet shall be joyned with him we pray your Grace to give him such Direction that he may leave order that the Ships which are behind shall follow him with all speed Monday 2 Iune The King came to the Parliament and spake thus in brief to both Houses Gentlemen I Am come hither to perform my duty I think no man can think it long since I have not taken so many days in answering the Petition as ye spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in me lies After this the Lord Keeper spake as followeth MY Lords and ye the Knights Citizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you That he takes it in good part that in consideration of setling your own Liberties ye have generally professed in both Houses that ye have no intention for to lessen or diminish his Majesties Prerogative wherein as ye have cleared your own intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and a strength to his Majesties Prerogative and his Prerogative a defence of your Liberties in which his Majesty doubts not but both he and you shall take a mutual comfort hereafter and for his part he is resolved to give an example in the using of his power for the preservation of your Liberties that hereafter ye shall have no cause to complain This is the sum of that which I am to say to you from his Majesty And that which further remains is That you hear read your own Petition and his Majesties gracious Answer The Petition Exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or aide shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land and by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common censent in Parliament Yet nevertheless of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have been in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other places and others of them have been therefore Imprisoned Consined and sundry other ways molested and disquieted And divers other charges have been layed and levied upon your People in several Counties by Lords Lieutenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called The great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken or imprisoned or be disseised of his Freeholds or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Iudgement of his Peers or by the Law of the Land And in the eight and twentieth year of the reign of King Edward the third it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenor of the said Statutes and other the good Laws Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the Causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25 year of the reign of King Edward the third