14 M r. Goodwins speech March 22. pag. 18 Sir Francis Seymour's speech ibid. Sir Thomas Wentworth's speech pag. 20 The speech and Argument of M r. Creswell of Lincolnes Inne concerning the subjects grievance by the late Imprisonment of their persons pag. 21 Sir Benjam Ruddier's speech pag. 27 Sir Robert Phillip's speech pag. 28 Sir Thomas Edmonds pag. 30 Sir Iohn Elliot ibid. Sir Hum May ibid. The Petition for the fast March 26. 1628. pag. 31 The Kings Propositions March 28. pag. 32 Three grand questions ibid. Sir Iohn Coke his speech at a Conference between the Lords and Commons about the Petition to the King against Recusants pag. 33 The Petition of both Houses to his Majesty concerning Recusants March 31. pag. 34 The Kings Answer to the Petition against Recusants pag. 37 The Answer to the same Petition by the Lord Keeper Coventry pag. 38 Sir Edward Cokes speech March 25. upon a Question of law in point of Judgement given in the Kings Bench Mich. 3. Caroli viz. that a Prisoner detain'd by Commitment per special Mandat Regis without expressing a Cause is not Bailable wherein he held negatively pag. 39 The substance of the Kings speech upon the relating of the proceedings of the Parliament to him by the Counsellers of the Commons house of Parliament April 4. pag. 41 The Duke of Buckinghams speech to his Majesty the 4 of April ibid. S r Iohn Elliot in Answer to M r Secretary Coke's message of thanks from the King and the Duke of Buckingham delivered in the Commons house of Parliament April 5 pag. 43 A message by Secretary Coke from the King to the lower house April the 7 pag. 44 S r Benjamin Ruddier's speech upon the Receit of his Majesties Answer to the petition against Recusants pag. 45 The Kings message to the House of Commons by M r Speaker April 12. pag. 46. The petition concerning billetting of souldiers April 14. pag. 47 Nine heads of the House of Commons to the Speaker pag. 49 The Speaker S r Iohn Finches speech upon the nine heads pag. 50 The Kings Answer to the petition concerning billetting of souldiers pag. 53 S r Dudley Diggs his Introduction pag. 54 The Argument made by M r Littleton at the Command of the House of Commons out of Acts of Parliament and Authorities of Law expounding the same at the first Conference with the Lords touching the person of every Freeman pag. 56 The Objections of the Kings Councell with the Answers made thereto at the two Conferences touching the same matter pag. 65 The true Copies of the Records not printed which were used on either side of that part of the debate pag. 70 The Argument which by Command of the House of Commons was made at their first Conference with the Lords touching the liberty of the person of every Freeman out of presidents of Record and resolutions of Judges in former times by M r Selden pag. 76 The whole copies of the presidents of Record mentioned in one of the Arguments made at the first conference with the Lords touching the liberty of the person of every Free-man pag. 92 S r Edward Coke pag. 107 The Arguments of Serjeant Bramston on the Habeas Corpus pag. 111 The Argument of M r Noye upon the Habeas Corpus pag. 117 The Argument of M r Selden upon the Habeas Corpus pag. 122 The Argument of M r Calthrop upon the Habeas Corpus pag. 125 The substance of the Objections made by M r Attorney generall before a Committee of both Houses to the Argument that was made by the House of Commons at the first Conference with the Lords out of presidents of Record and resolutions of Judges in former times touching the liberty of the person of every Free-man and the Answer and replies presently then made by the House of Commons to these Objections pag. 121 The proceedings against the Earl of Suffolk April 14. p. 135 Severall speeches made at the Debatesconcerning the Kings propositions pag. 138 M r Alford ibid. S r Robert Maunsell ibid. S r Francis Seymour ibid. S r Peter Hayman ibid. M r Pimme ibid. Secretary Coke ibid. S r Dudley Diggs pag. 139 M r Spencer ibid. M r Iohn Elliot ibid. S r Edward Coke ibid. S r Thomas Wentworth pag. 146 S r Henry Martin ibid. M r Kirton ibid. S r Robert Phillips ibid. Serjeant Hoskins ibid. Serjeant Ashleys Argument seconding M r Attorney in the behalf of his Majesty pag. 141 M r Noyes Argument April 16 pag. 144 M r Glanvills Argument pag. 145 The Answer of the Judges for matter of fact upon the Habeas Corpus April 21 pag. 146 Iudge Whitlock's speech pag. 147 Iudge Iones his speech pag. 148 Iudge Doderidges speech pag. 149 The Lord chief Iustice his speech ibid. The Earl of Warwick's speech April 21 pag. 150 The Arch Bishop of Canterburies speech at the Conference of both Houses April 25 pag. 153 The five propositions read by the Lord Bishop of Norwich April 25. 1628 ibid. S r Dudley Diggs his speech in behalf of the Commons pag. 154 S r Benjamin Ruddier's speech April 28 pag. 157 The Lord Keeper's speech April 28. pag. 157 The Bishop of Exceter's letter sent to the House of Commons April 28. pag. 158 M r Hackwell of Lincolnes Inne his speech in the lower House May 1 pag. 159 The objections against M r Hackwel's speech ibid. Secretary Coke's message May 1 pag. 161 Secretary Coke's speech concerning himself and the nature of his place under his Majesty pag. 162 Henry Tomson one of the Sheriffs and Robert Henisworth Alderman of the city of York their submission for their indirect choosing of S r Thomas Savil Knight pag. 163 Propositions drawn for the defence of this Kingdome and the annoyance of the enemies of the same by sea ibid. Iudge Andersons speech pag. 165 The Kings message May 2 by Secretary Coke pag. 167 M r Masons speech May 2 ibid. The Speakers speech to his Majesty in the banquetting house May 5 pag. 171 The Kings Answer to the House of Commons delivered by the Lord Keeper May 5 pag. 173 The Lord Cok's speech at the Conference in the painted Chamber presenting the petition of Right May 8 pag. 174 The petition of Right to the Kings most excellent Majesty pag. 175 S r Benjamin Ruddier's speech page 178 His Majesties letter to the Lords spirituall and temporall of the higher House of Parliament pag. 180 The Kings message by the Lord Keeper May 21 pag. 181 M r Masons speech concerning the addition propounded by the Lords to be added to the petition of Right pag. 182 The Reasons of the Commons House delivered by M r Glanvil why they cannot admit of the propositions tendred unto them by the Lords 186 S Henry Martin's speech pag. 188 The Kings speech in the Higher House at the meeting of both Houses Iune 2. pag. 194 The Lord Keeper in explanation of the same pag. 195 The Kings Answer to the petition of Right Iune 2.
by the Lord Keeper ibid. S r Iohn Elliot's speech Iune 3. ibid. A Report from the Committee for trade Iune 4. pag. 201 His Majesties message to the House of Commons by the Speaker Iune 6. pag. 203 The Kings Speeches Iune 7 and the Petition of Right read and granted pag. 204 The motions of the lower House to the Higher ibid. Sir Thomas Wentworths speech pag. 205 The Kings message to the lower House by Sir Humphry May Iune 10. pag. 206 Eight particulars voted in the House of commons against the Duke of Buckingham Iune 11 ibid. The first Remonstrance of the House of Commons ibid. A Schedule of the shipping of this Kingdome which have been taken by the Enemy and lost at sea within the space of three yeares last past pag. 215 The Kings Answer to the Remonstrance Iune 17. p. 217 The Kings speech at the end of the Session Iune 26. ibid. The second Remonstrance pag. 218 A Letter which was found amongst some Jesuits that were lately taken at London and addressed to the Father Rector at Bruxills pag. 220 Motives to induce the Knights Citizens and Burgesses of the Commons house of Parliament to petition his Majesty for the revoking and abolishing of the degrees of Baronets lately erected by his Highnesses letters pattents pag. 224 The examination of Andrew le Brun Captain of the Mary of Rochell pag. 226 Articles against Melvin p. 227 A privie Seal for the transporting of horses Ianuary 30 tertio Caroli ibid. The Commission to the Lords and others of the Privy Councell concerning the present raising of Money pag. 228 Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at Rochell May 4. 1628. p. 230 The Answer to the Articles propounded by the Lord generall and the rest of the Councell of warre pag. 231. A TABLE of the transactions of the second Session of the Parliament begun Ian. 20. 1628. M r Selden's report concerning the Petition of Right Ianuary 21 pag. 235 M r Pymms motion ibid. Sir Iohn Elliots reply ibid. M r Seldens speech concerning the Petition of Right p. 236 M r Norton the Kings Printer brought to the barre ibid. Sir Iohn Elliot ibid. Sir Robert Phillip's speech Ianuary 22. ibid. M r Littleton pag. 237 Sir Iohn Elliot ibid. M r Selden concerning the printing of the Petition of Right ibid. His Majesties message Ian. 23 24. pag. 238 M r Walter Ian. 26 ibid. M r Secretary Coke ibid. Sir Francis Beamor ibid. M r Kirton ibid. M r Sherland pag. â—39 Sir Nath. Rich Ian. 27 ibid. The Kings Message by Secretary Coke ibid. Sir Walter Earl pag. 240 M r Corrington ibid. M r Pymme ibid. Another Message from his Majesty Ianuary 28 deliver'd by Secretary Coke ibid. M r Long 's Reply pag. 241 Sir Thomas Edmonds ibid. M r Corrington ibid. Sir Iohn Elliot ibid. Secretary Coke's speech Feb. 3 pag. 242 Sir Iohn Elliot ibid. M r Speaker pag. 243 Secretary Coke ibid. Sir Hum. May ibid. Sir Iohn Elliot at the Committee for Religion ibid. A Bill that no Clergy man be in Commission for Peace Feb. 4 ibid. M r Selden pag. 244 A Petition against D r. Cosens ibid. Sir Eubal Thelwall ibid. M r Shervile ibid. M r Rouse ibid. M r Kirton ibid. Sir Robert Phillips pag. 245 Sir Edward Giles ibid. Sir Iames Perot ibid. M r Pymme ibid. Sir Robert Phillips ibid A Petition about an imposition upon mault Febr. 5 p. 246 M r Long ibid. M r Ogle ibid. Secretary Coke ibid. Sir Robert Phillips ibid. A Petition against Whittington a Papist Febr. 6. ibid. M r Shervile pag. 247 S r Nath. Rich ibid. S r O. Roberts upon an Affidavit against D r Cosens ibid. S r Iohn Elliot ibid. M r Kirton Febr. 7. ibid. S r Walter Earl ibid. S r Robert Phillips ibid. M r Selden pag. 249 S r Robert Phillips ibid. M r Pymme ibid. M r Shervile ibid. S r Iohn Stanhope ibid. S r Nath. Rich ibid. S r Iohn Elliot ibid. S r Daniel Norton pag. 250 S r Robert Phillips ibid. The Chancellor of the Dutchy ibid. S r Thomas Heale ibid. M r Valentine ibid. Transactions concerning Cosens Bishop Mountague c. Febr. 9. ibid. S r Robert Phillips February 10 pag. 251 M r Chancellor of the Dutchy pag. 252 M r Selden ibid. S r Francis Seymour ibid. M r Selden pag. 253 M r Kirton ibid. M r Littleton ibid. S r Benjamin Ruddier ibid. M r Selden Febr. 11 ibid. A Petition of the booksellers and printers at the Committee for Religion pag. 254 M r Shervile's Report concerning D r Sibthorpe Cosens and Manwaring ibid. Sir Walter Earl pag. 255 A Committee for tonnage and poundage Febr. 12 Shervile in the Chair ibid. S r Iohn Elliot ibid. A Petition against Burges a Priest Febr. 13 pag. 257 S r Iohn Elliot ibid. Sir Will. Bawstrod at a Committee for Religion ibid. Sir Richard Gravenor pag. 258 Secretary Coke ibid. A Complaint against the Lord Lambert Febr 14 pag. 259 M r Kirton ibid. S r Thomas Hobbie at a Committee for Religion pag. 260 M r Stroud at a Committee for Religion Febr. 16 p. 261 Another petition preferred by M r Chambers Febr. 17. p. 262 A publick Fast Febr. 18 p. 263 M r Dawes call'd in question for taking M r Rolls his goods Febr. 19 ibid. A petition of Complaint against the Lord deputy of Ireland Febr. 20 ibid. A petition by M r Symons in complaint of the Customers Febr. 21 pag. 264 The Committee for Merchants ibid. The protestation of the Commons in Parliament March 2 1628 Pag. 267 The Kings speech in the House of Parliament March 10. to dissolve it Pag. 268 His Majesties letter and queres concerning ship money and the answer thereunto The KINGS Speech 17. March 1627. My Lords and Gentlemen THese Times are for action wherefore for examples sake I meane not to spend much time in words expecting accordingly that your as I hope good resolutions will be speedy not spending time unnecessarily or that I may better say dangerously for tedious Consultations at this conjuncture of time are as hurtfull as ill Resolutions I am sure you now expect from me both to know the cause of your meeting and what to resolve on yet I think there is none here but knowes that common Danger is the cause of this Parliament and that Supply at this time is the chief end of it so that I need but point to you what to do I will use but few perswasions for if to maintaine your owne advises and as now the case stands by the following thereof the true Religion Lawes and Liberties of this State and the just defence of our true Friends and Allies be not sufficient then no eloquence of Men or Angels will prevaile Only let me remember you that my duty most of all and every one of yours according to his degree is to seek the maintenance of this Church and
sitting amongst them they could have found few or none whose presentation to your Majestie would have been of lesse repute or advantage to them For impeditior is linguaesum and the poore experience I have of that royall Assembly is so ill ballanced with true judgement that every gust and wave hath power on me whereby I shall not onely suffer in my own particular but which I apprehend with much more care and sorrow prejudice their common Interest Wherefore dread and dear Sovereign as low as the lowest step of your royal throne I humbly bend appealing to your great sovereign judgement for my discharge from this so unequall a burthen imposed on me most humbly and earnestly beseeching your most excellent Majestie for the honour of that great Councell and the better digestion of publick Services there and withall to avert so ill an Omen as the choice of Me in the beginning of a Parliament ordained I hope for the joy of our own and the envy of other Nations that by your gracious Command the House may re-consult and settle their better thoughts on some more worthy their election and your Majestie 's approbation The Lord Keeper Coventry's Reply M r. Speaker HIs Majestie with a most gracious eare and princely attendance hath heard your humble excuse he knowes well the importance of your place but your ability to discharge it he approves and commends the election of the House of Commons and therein receives the more content because they have followed the light taken from himself who formerly made choice of you to serve in a place of Trust both about himself and his royall Consort The Omen cannot be ill and the People so readily follow him whom God hath ordained to go in and out before them And therefore knowing your tackling to be strong and finding your saile moderate and not over-born his Majestie doth doubt neither gust nor wave to endanger your passage But since you are duely chosen his Majestie counsells and commands that unto your humility you adde resolution and courage they stand well together and being well joyned they will arme all your abilities to that great Imployment of service to your King and Countrie which as the Commons by their uniforme voice have put upon you so his Majestie by his royall approbation doth girt unto you and settle you Speaker The Speaker Sir John Finches Reply IT is now no time nor manners longer to dispute with my Lord the King but with all joy of heart and alacrity humbly and thankfully to meet so great a favour from the best of Masters and the best of Men. Therefore first I lift up my heart to him that sits on the Throne of heaven per quem Principes imperant Potentes decernunt justitiam humbly begging at his hands that made the tongue to give me speech and that framed the heart of man to give me understanding for I am but as Clay in the hands of the Potter and he will mould me for honour or dishonour as best seemes good unto him Next I bow my knees unto your most excellent Majestie in all humble and hearty acknowledgement of this and many other your great and gracious Favours The truth of mine heart full of zeale and duty to your Majestie and the publike as any mans quits me from all feare of running into wilfull and pregnant errours and your Majestie 's great goodnesse of which I have been so large a partaker gives me strong assurance that having by your gracious beames drawn me up from earth and obscurity you will so uphold me by a benigne and gracious interpretation of all my words and actions that I fall not down again like a crude and imperfect vapour but consume the remainder of my dayes in the zeal of your Majestie 's service This great and glorious Assembly made perfect by your royall presence like a curious Perspective the more I behold it with the more joy and comfort I finde a lively representation of that true happinesse which under your Majestie 's gracious government we all enjoy A better tongue were fitter to expresse it but a rich Stone retaines his value though ill set Here in the fulnesse and height of your Glorie like the Sun in the exaltation of his Orbe sits your most excellent Majestie the sovereigne Monarch of this famous Isle in a Throne made glorious by a long succession of many and great Princes A meditation worthy our better thoughts that we live neither enthralled to the fury of the giddy-headed multitude nor yet to the distracted wills of many Masters but under the command of a King the stay and strength of a People one as Homer saith well of a King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to be laid in common ballance with other men for Kings know no other Tenure but God's service and their value it is onely tried at his Beam whence the Poets said the Parents of the first Kings were Coelum Terra Divine institution and Humane approbation Besides that it is a Sovereigntie also hereditarie which makes the Common-wealth the King's care as that which is the King 's own Patrimony and the inheritance of his Children when elective Monarchies quickly runne to ruine and are commonly made poor by the enriching of several Families On your right hand are the reverend religious and learned Prelates the Lights of the Church fit to be set in golden Candle-sticks and not made contemptible by Paritie or Povertie lively Ideaâ—s of that blessing above the rest which by Godâ—s great goodnesse and your Majestie 's great pietie this Realme enjoyes the libertie of the Gospell and the free profession of God's true Religion Your Majestie passed the fierie tryall in Spaine and gave us then assurance that your faith was built on that rock against which the gates of hell shall never prevaile Since your coming to the Crowne by your royall Edict you have banished those Incendiaries of Rome the Priests and Iesuites enemies to our Church and State so as now they are either gone or lurk in corners like the sonnes of darknesse You have given life to the Lawes against Recusants and by your own exemplarie pietie have drawn more then you have compelled to come to Church Euge ingredi ut impleaâ—ur domus mea was his command that made the great Feast and is the duty of Magistrates And certainly dread Sovereigne true Religion will ever be a target to them that are a buckler to it No cement so strong to hold your Subjects hearts together in their true obedience Our Religion never bred a Clement or a Ravillack and that execrable Villany never to be forgotten here when all of us horresco referens in an instant should have been turned into ashes and those scattered in the winde was a Monster could never have been ingendred but by the Divel or the Iesuites On your left hand sit your Nobles the Lights of Honour full of courage and magnanimitie yet in right distance between
Crown and People neither over-shadowing the one or oppressing the other Before your Throne like the twelve Lyons under Solomon's Throne sit the Lights of Justice your grave Iudges and Sages of the Law learned and just as many Ages have known and learning justice by your example Our Lawes as excellent as they are I am sure no humane Lawes excell them nor could so well suite with the constitution of this People were they in the power of corrupt or ignorant men I know not which were worse for one will perhaps oftner erre then the other bribe Justice could never keep her right chanel nor runne cleare as in your Majestie 's reigne it ever hath I must not forget the other Lights the Knights Citizens and Burgesses the Representative of their Estate who although they move lower and at more distance from your royall Person yet I am confident will ever be found constant to the Poles of Love and Loyaltie 'T is a gracious Favour of your Majestie and our former Kings I have often thought on that when both these Houses are humble suitors for any thing they are never denyed Le Roy s' aviserà The King will advise of it is the greatest denyall And I assure my self your Majestie shall finde all your Subjects so full of dutie to your Crown and of true and loyall affection to your royall Person that you shall never have cause to think your gracious Favours ill bestowed on them The Union of Hearts Sir is a greatnesse beyond that of the Kingdome to which you are Heire Et penitus toto divisos orbe Britannos it is a Name of advantage to this Island if the Division be not amongst our selves which the God of Unitie for his mercies sake forbid and so knit our Hearts in love one to another and all of us in duty and loyalty to your most excellent Majestie that this renowned Island perish not by our Distractions but may ever flourish and be like Ierusalem the Citie of God where his Name may â—e for ever honoured Great and glorious have been the Actions of your royal Predecessours yet greater remaine for your Majestie and most of theirs attend you for their perfection The first Christian King of Europe the first that abated the swelling pride of Rome by banishing his usurped power and God's true Vice-gerent the first that established the true Religion now profest were all Kings of England and the last a young one Queen Elizabeth was a woman yet Spaine hath cause to remember her the Protestants of France and the Low-Countries will never forget her And were Henry the Great alive he would say That in requitall of the love of this Kingdome shewed him he hath sent us one of his owne Loynes your royall Consort our most gracious Queen to propagate these blessings to us and our posteritie for ever Your royall Father of ever blessed and famous memorie had a Reigne like Solomon's for Religion no man knew more a lustre or advantage to him this Age shall deliver it to the next and all Ages shall see it in his Kingly Workes But while under his glorious Reigne we abode in peace and plenty our hands had forgot to warre and our fingers to fight till at last by your Princely mediation upon the humble suite of both these Houses the two Treaties were dissolved and a foundation laid for your Majestie to restore us to our antient and Military honour which I doubt not will quickly be Eritis sicut Dii was the Serpent's Counsell and ruined Mankinde nor is it fit for private men much lesse for me to search into the Counsells or Actions of Kings Onely Sir give me leave from an heart full of zeale to your glorie and greatnesse to say to your Majestie the Times require you Religion calls upon you to goe on with that Kingly Courage you have begunne till the state of Christendome be settled in the right Balance again We see how the Eagle spreads his wings in Germany reaching with his talons as farre as the Sound and Baltick sea Denmark and Sweden in danger of utter ruine by seizing the Electorates the choice of the Empire invested in a manner solely in the House of Austria Our Religion in France and every where never so neare a period And we know who it is for whom all this works he of whom the boast is made Allà qui Monarâ—ui nasciendo d'el monendo who by the ruine of us and our Religion will make a new Zodiack and draw an Ecliptick line through the East and West Indies But he that sits on high will in his good time laugh them to scorne and as that wise Woman said to King David God will make to my Lord the King a sure house if my Lord shall continue to fight the battels of Iehovah and let all England say Amen I have presumed too farre upon your royall Patience and therefore I will conclude with a few words for them that sent me who are humble suitours to your excellent Majestie First for our better attending the publick and important services that our selves and our necessary Attendants may be free both in our persons and goods from all arrests and troubles according to our ancient priviledge and immunities Next that since that in all great Councells where difference of opinion is truth is best discovered by free debates your Majestie according to our like ancient use and priviledge will be graciously pleased to allow us liberty and freedome of speech and I assure my self we shall not passe the latitude of duty and discretion That upon all occurrences of moment fit for resort to your owne person your Majestie upon humble suit at your best leisure will vouchsafe us accesse to your royall person And lastly that all our proceedings being lodged in your royall heart with belief of our zeal and loyalty we may reap the fruits of it by your Majestie 's gracious and favourable interpretation One word more I humbly begg for my self That though it be the beginning of a Parliament I may now and ever enjoy your Majestie 's most gracious and generall free Pardon The Lord Keeper Coventry's second Reply M r. Speaker HIs Majestie with no lesse content then attention hath heard your learned Discourse he observes your beginning with his gracious incouragement and advice not forsaking your humble modestie but adding to it thankfulnesse alacrity and joy of heart a just and right temper He observes you derive these aright first from the Throne in heaven he lookes thither with you and joynes in prayer that both you and all this Assemblie by that Divine hand and power be moulded and procured for the honour safety and good of the Church and Kingdome Next you apply your self to the Throne on earth his Majestie doth graciously accept your protestations of the truth of your heart the fulnesse of your zeale and duty to his Majestie and the Publick he believes it and that not in you alone but in all this
will advise A note very remarkable It shewes the indulgence of Kings it shews also the wisdom and judgement of the Houses the King not willing to deny his People People not willing to presse their King to a deniall the one wise and modest in their requests and the other moderate and sweet in the answer This is the ancient and right way of union in Parliament The God of unity keep it in this and all insuing Parliaments This union you rightly call the union of Hearts and a greatnesse beyond the Kingdomes which the King inherits so then its a present fit for a wise people to offer to their gracious King Wise and magnanimous Kings are a speciall gift from God having hearts capable of greatnesse union of hearts is greatest and greatnesse was never unwelcome to Kings and therefore present and offer it to your King you cannot doubt of acceptance Having spoken of union you fall presently into a memoriall of the great and glorious actions of his Majestie 's Predecessours and into the height and contemplation of greater that remain If I mistake not your meaning you would have it understood that the union of Prince and people make way to those remarkable acts of former times and that we that wish the like successe in our time should look back upon our Forefathers Wisdome requires it Honour and the Time requires it that we should shew our selves the sonnes of our Auncestours at least in holding that which they left us The pride of Rome abated as you say by England now lifts up her horns against Religion Gods vine planted and deeply rooted here overspread into our neighbour Countreys hath of late lost many of her goodly branches The Austrian Eagle that wanted feathers till of late now soares and preys at will over all Spain so often foiled by us hath by disguised treaties dispoiled of their patrimonie those princely Branches of our royall Cedar and posts apace to his universall Monarchy to the ruine of us our Friends and Religion God hath his time and I trust a time to stop their course I know not but we may expect it as well now as ever There is a resolution in our King and there is I trust for I am sure there was a resolution in our Parliament for great actions Our king as he hath a Solomon so hath he many Davids in the glorious catalogue of his royall Descent and hath linked himself in the House of Henry the Great and he bears a glorious and auspicious name sutable to his thoughts and desires and therefore since Honour and Religion call for it and since you have incouraged him to fight Iehovah's battels let all put to their hands that our King and Nation may have the honour to set Christendome in her right Balance And now to come to the petitions you have made for the House his Majestie most graciously and readily grants them all according to your true and ancient Rights and Priviledges of Parliament which his Majestie trusts you will have care not to exceed or transgresse and therefore you may go chearfully together and speedily settle about the publick affairs And the almighty God prosper the works of your hands I say the almighty God prosper your handy-work M r. Goodwin's Speech March 22. 1627. Mr. Speaker IT hath pleased his Majestie in his last Speech to intimate unto us the cause of our meeting which is supply against the great and common dangers that threaten the ruine of this Kingdome and the time of our sitting cannot be long and therefore he wisheth to avoid tedious resolutions In conformity whereunto I propound that laying aside all other matters we addresse our selves to that for which we were called hither wherein as in the first place we have well begun in our pious humiliation towards almighty God so let us now proceed to serve and to supply the king yet so as we satisfie our Countrey that sent us hither and preserve our Rights and Priviledges which have as surely been broken and infringed as undoubtedly they belong â—o us S r. Francis Seymour's Speech March 22. 1627. THis is the great Councel of the Kingdome and here if not here alone his Majestie may see as in a true glasse the state of the Kingdome We are all called hither by his Majestie 's writs to give him faithfull counsel such as may stand with his honour but that we must do without flatterie and chosen by the Commons to deliver up their just grievances and this we must do without fear Let us not be like Cambyses Judges who being demanded of him concerning something unlawfull said Though there were no written Law the Persian Kings might do what they liâ—t This was base flatterie fitter for reproof then imitation and as flatterie so fear taketh away the judgement For mine own part I shall shun both these and speak my conscience with as much duty to his Majestie as any man not neglecting the Publick But how can we speak our affections while we retein our fears or speak of giving till we know whether we have any thing to give or not For if his Majestie shall be perswaded to take what he will what need we to give That this hath been done appeareth by the billetting of Souldiers a thing no way advantageous to his service and a burthen to the Common-wealth the imprisonment of Gentlemen for the Loane who if they had done the contrary for fear their faults had been as great as theirs who were Projectours in it To countenance these proceedings hath it not been preached in the pulpit or rather praâ—ed All we have is the Kings But when they forsake their own calling and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick It is too apparent the people suffer more now then ever will you know the true reason we shall find those Princes have been in greatest wants and necessities that have exacted most from their Subjects The reason is plain A Prince is strongest by faithful and wise Counsel I would I could truly say such had been imployed abroad I speak this to this end to shew the defect proceeded not from this House I must confesse he is no good Subject that would not willingly and freely lay down his life when the End may be the service of his Majestie and the good of the Common-wealth But he is no good Subject but a slave that will have his goods taken from him against his will and his Liberty against the Laws of the Kingdome In doing this we shall but â—read the steps of our Fore-fathers who still preferred the publick interest before their own rights nay before their own lives It will be a wrong to Us to our Posterities to our Consciences if we shall forgo this This we shall do well to present to his Majestie I offer this in the generall thinking the particulars fitting for Committees What I may now say or shall then I submit
joy to see this day Sir John Elliot in answer to M r Secretary Cokes Message of Thanks from the King and the Duke of Buckingham delivered in the Commons House of Parliament 5. April 1628. M r. Speaker I Presume we have all received great satisfaction from his Majestie as at other times so now in his gracious answer and resolution for the businesse of this House his answer to our Petition for Religion so particularly made his resolution in that other consideration concerning the point already settled here in Declaration of our Liberties and for the Parliament in generall that he hath taken so good a liking to our manner of proceeding as it hath gained his promise therein to meet often where I am made confident as of his grace to us so of our Loyalties that to thus good a Beginning we should adde so happy a Conclusion as shall increase that liking and good opinion in his Majestie and from henceforth make him more and more in love with Parliaments As thus in generall so in my particular I receive excellent satisfaction herein so as I have not words enough sufficiently to utter it And yet I confesse that extremity of joy is not without trouble which must likewise be declared to disburden this affection which cannot otherwise so lively and so faithfully expresse me in the service of the House as I have resolved I know not what â—atality or infortunity crept in but I observe in the close of that Relation no mention of any other in addition to his Majesty and that which formerly hath been a matter of complaint here I find it still the mixture with his Majestie not only in his businesse but in name Is it that any man conceives the mention of others of what quality soever can adde encouragement or affection to us in our Duties and Loialties towards his Majestie or give them greater latitude or extent then naturally they have Or is it supposed that the power or interest of any man can adde more readinesse to his Majesty in his gracious inclination to us then his own goodnesse gives him I cannot believe it And as the Sweetnesse and Pietie of his Majesty which we have in admiration makes me confident in this so the expression of our Dutie so perspicuous and cleer as already hath been given is my assurance for the other But Sir I am sorry there is this occasion that these things should be argued or this mixture which was so meerlie condemned should appear again I beseech you Sir let it not be hereafter let no man take this boldnesse within these walls to introduce it though I confesse for my particular I shall readily commend nay thank that man whose endeavours are applyed to such offices as may be advantageable for the publick yet in this manner so contrarie to the customes of our Fathers and the honour of our Times as I cannot without Scandall apprehend it I cannot without some Character or exception passe it And therefore I desire that such interposition may be left and that all other **** respects and goodnesses of his Majesty in the confidence of our own loyaltie and affections Now let us proceed to those services that concern him which I doubt not in the end will render us so reall unto him that we shall not need more help to endear us to his favour A Message by Secretary Coke from the King to the Lower House April 7. 1628. 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 ill successe of this Assemblie He also graciously taketh notice of that which is in agitation amongst us touching the freedome of our Persons and propriety of our Goods And that this particular care which he in no way misliketh may not retract our resolution for the generall good he willeth us cheerfully to proceed in both and to expresse our readinesse to supply his great Occasions upon assurance that we shall enjoy all our Rights and Liâ—â—rties with as much freedome 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 to his Honour and the publick good whereof he doubteth not but you will be carefull he promiseth and assureth you that he will give way unto it and the more confidence you shall shew to his Grace and Goodnesse the more you shall prevaile to obtain your desires Sir Benjamin Ruddier's Speech upon the receipt of his Majestie 's Answer to the Petition against Recusants M r Speaker THe best thanks we can return his Majesty for his gracious and religious answer he hath given to our Petition is to move towards that which will both please him and secure our selves The dangers and necessities of the present state M r Speaker are so obvious to every mans eye and understanding and therefore so well known as to make a large and particular rehearsall of them would rather astonish our judgements then refresh our memorie Wherefore in short and in grosse I will but only reflect upon the desperate condition of the Kings Uncle the King of Denmarke engaged from hence even to the hazzard of his own Kingdome in the quarrell of that royall and victorious Lady his Majesties Sister for the recovery of her and her childrens patrimony the preservation and reestablishment of the Religion in those Countreys so that the King is bound in nature in policie and in religion to relieve and assist both the persons and the cause to the utmost of his power Believe it M r Speaker the hindge of the many businesses mov'd in Germany doth not a little presse us to look about us at this time for if that great bodie were once united under one head it would crush all the rest with the weight of it Next let us a little look over into France there shall we find the poor men of our Religion exposed to the furie of an enraged King with a juster pretence against them then hath been at any time heretofore besides which is worse the Kings of Spain and France are united against them and us and made better friends then ever they meant to have been So that not to succour and support the Professours of our Religion will not only be infidelity and cruelty but improvidence and folly for their ill is ours If Rochel should be lost which is now in loosing and his Majesty not able to set out one ship to help it if it should be lost it would hazzard the totall extirpation of the Religion besides it would be an extraordinarie advantage to the King of France for shipping and as great a disadvantage to us in respect of the neighbourhood and if the Sound should be lost too whereby should we escape from being swallowed up by a Spanish invasion this Island would be more like to
therefore to be suspected that if occasion serve they will rather adhere to a forreign Enemy of that Religion then to your Majestie their liege Lord and Sovereign especially some of their Captaines and Commanders being as Popishlie affected as themselves and having served in the warres in the behalf of the King of Spain and the Arch-Dutchesse against your Majesties Allyes which of what pernicious consequence it may prove and how prejudiciall to the safety of all your Kingdome we humblie leave to your Majesties high and Princely Wisdome And now upon this and many more which might be alledged most weightie and important reasons grounded upon the maintenance of the worship and service of almightie God the continuance and advancement of your Majesties high honour and profit the preservation of the ancient and undoubted Liberties of your people and therein of Justice and Industrie and Valour which clearly concernes the glorie and happinesse of your Majestie and all your Subjects and the preventing of imminent calamities and ruine both of Church and Common-wealth we your Majesties most humble and loyall Subjects the Knights Citizens and Burgesses of your House of Commons in the name of all the Commonaltie of the Kingdome who are upon this occasion most miserable disconsolate and afflicted prostrate at the throne of your Grace and Justice do most humbly and ardently beg a present remove of this insupportable burthen and that your Majesty would be graciously pleased to secure us from the like pressure for time to come The nine Heads of the House of Commons to the Speaker 1. THat it is the ancient right of Parliament to dispose of matters there debated in their own method 2. That is is their ancient custome to consider of Grievances before matters of Supplie 3. That yet neverthelesse in this Parliament to expresse our affection to his Majesty contrarie to ordâ—narie proceedings we have proceeded in the Supply as farre as we could in that Committee 4. That we have been so farre from delaying that post-posing the common and pressing grievances we have given precedencie to the supply joyning with it only the fundamentall and vitall Liberties of the Kingdome that give substance to the Subjects 5. Further to expresse the fulnesse of our affections we have exceeded our order in that particular concerning the supplie which though later in proposition yet hath been first made readie for conclusion in the Committee 6. No person or Councell can be greater lovers of or more carefull to maintain the sacred Rights and Prerogatives of the Crown then we and we do conceive that the maintaining of the fundamentall Rights and Liberties of the Subject is an especiall meanes to establish the glory of a Monarch and that by it his Subjects are the better enabled to do him service which hath been the cause of many glorious victories wone by this Nation above other Kingdomes of larger territories and greater number of people 7. What information is given to his Majesty contrary to this doth proceed from such persons as to serve their own ends under colour of advancing his Majesties Prerogative do weaken Royall power 8. We trust to be cleared in his Majesties judgement that there hath been no unnecessary stop but a most cheerfull proceeding in the matter of Supply and therefore we do humbly desire that his Majesty will take no information in this or any other businesse from private relations but to judge of our proceedings by the resolution that shall be presented to his Majestie from the House 9. Being thus rightly and graciously understood we assure our selves that the end of this Parliament shall be more happy then the beginning The Speaker Sir John Finche's Speech upon the 9 Heads 14. April 1628. Most Gracious and dread Sovereign YOur dutifull and loyall Commons here assembled were lately humble Suitours for accesse to your Royall presence The occasion that moved their desires herein was a particle of importance worthy your Princely Consideration and which as it well deâ—erves should have been the only subject of my Speech at this time But since your gracious answer for this accesse obtained by a Message from your Majestie they have had some cause to doubt that your Majestie is not so well satisfied with the manner of their proceedings as their heartie desire is you should be especially in that part which concernes your Majesties present Supply as if in the prosecution thereof they had of late used some slacknesse or delay And because no unhappinesse of theirs can parallell with that which may proceed from a misunderstanding in your Majestie of their cleer and loyall intentions they have commanded me to attend your Majestie with an humble and summarie declaration of their proceedings since this short time of their sitting which they hope will give your Majestie abundant satisfaction that never people did more truly desire to be endeared in the favour and gracious opinion of their Sovereign And withall to let your Majestie see that as you can no where have a more faithfull Councell so your great designes and occasions can no way be so speedily or heartily supported as in this old and ancient way of Parliament For this purpose they humbly beseech your Majestie to take into your Royall Consideration that although by ancient right of Parliament the matters there debated are to be disposed in their true method and order and that their constant custome hath been to take into their consideration the common Grievances of the Kingdome before they enter upon matter of Supplie yet to make a full expression of that zeal and affection which they beare to your Royall Person equalling at least if not exceeding the best affections of their predecessours to the best of your Progenitours they have in this Assemblie contrary to ordinary proceeding in Parliament given your Majesties supply precedency before the common Grievances of the Subject how pressing soever joyning only with it those fundamentall and vitall Liberties of the Kingdome which give subsistence and ability to your Subjects This was their originall order and resolution and was grounded upon a true discerning that these two considerations could not be severed but did both of them intirely concern your Majesties service consisting no lesse in encouraging and inabling your Subjects then in proportioning a Present suting to your Majesties occasions and their own abilities Nay so farre have they been from using any unnecessary delaies as that though of the two that of Supply were later in proposition amongst them yet the Grand Committee to which both were referred have made that of your Majesties Supply first ready for conclusion And to be sure your Majesties Supply might receive no interruption they differing from custome and usage in cases of this nature sent up of those that concern the Subject by parcels some to your Majestie and some to the Lords to the end your Majestie may receive such speedy content as sutes with the largest and best extent of their first order Sir you are the
may be said that the offence was of that nature that the time of his imprisonment before the Return was a sufficient punishment and we may be frequently imprisoned in this manner and never understand the cause and have often such punishment and have no means to justifie our selves and for all these proceedings this Law will be the justification or colour 2. If by this Act there be a Tolleration of imprisonment without shewing cause untill the Return of the Habeas Corpus yet it is possible to accompany that imprisonment with such circumstances of close restraint and others which I forbear to express as may make an imprisonment for that short time as great a punishment as a perpetual imprisonment in our ordinary manner 3. The party may be imprisoned a long time before he shall come to be delivered by this Law The place of his imprisonment may be in the furthest parts of this Kingdom The Judges always makes the Return of the Habeas Corpus answerable to the distance of the Prison from Westminster The Goaler may neglect the Return of the first Process and then the party must procure an alias and the Goaler may be then in some other imployment for the King and excuse the not returning of the body upon that Process and this may make the imprisonment for a year and in the end no cause being returned the party may be discharged but in the mean time he shall have imprisonment he shall never know the cause he shall have no remedy for it nor be able to question any for injustice which have not a justification or excuse by this Law 4. The party may be imprisoned during his life and yet there shall be no cause ever shewn I will instance in the manner a man may be committed to the furthest part of the Kingdom Westward he obtains an Habeas Corpus Before the Goaler receives the Habeas Corpus or before he returns it the Prisoner by Warrant is removed from that Prison to another it may be the furthest Northern part of the Realm the first Goaler returns the special Matter which will be sufficient to free himself and in like manner the Prisoner may be translated from one Prisoh to another and his whole life shall be a preregrination or wayfairing from one Goal to another and he shall never know the cause not be able to compalin of any who cannot defend their actions by this Bill 5. If the Prisoner be brought into the Court by Habeas Corpus and no cause expressed and thereupon he be enlarged he may be partly committed again and then his enlargement shall onely make way for his commitment and this may continue during his life and he shall never know the cause and this not remedied but rather permitted by this Act. And there are also considerable in this Matter the expence of the party in Prison His Fees to the Goaler his costs in obtaining and prosecuting an Habeas Corpus and his charges in removing himself attended with such as have the charge of his conduct and that the Prisoner must sustain all without satisfaction or knowing the cause The onely reason given by those of the other opinion That it is requisite the King and Councel should have power to command the detainer of a man in Prison for sometime without expressing the cause is because it is supposed that the manifestation of the cause at first may prevent the discovery of a Treason The reason is answered by the remedy proposed by this Act it being proposed that it shall be provided by this Bill that upon our commitment we may have instantly recourse to the Chancery for an Habeas Corpus retornable in that Court which is alwayes open that partly upon the receipt thereof the Writ must be returned and the cause thereupon expressed If then this remedy be really the cause of commitment must partly appear which contradicts the former reason of State And in my own opinion we ought not onely to take care that the Subject should be delivered out of Prison but to prevent his imprisonment The Statute of Magna Charta and the rest of the Acts providing that no man should be imprisoned but by the Law of the Land And although the King or Councel as it hath been objected by might may commit us without cause notwithstanding any Laws we can make Yet I am sure without such an Act of Parliament such commitment can have no Legal colour and I would be loath we should make a Law to endanger our selves for which reasons I conceive that there being so many wayes to evade from this Act we shall be in worse case by it then without it providing no remedy to prevent our imprisonment without expressing the cause to be Lawfull and administers excuses for continuing us in Prison as I have before declared and thus for providing for one particuler out of reason of State which possibly may fall out in an age or two we shall spring a leak which may sinck all our Liberties and open a gap through which Magna Charta and the rest of the Statutes may issue out and vanish I therefore conclude that in my poor understanding which I submit to better Judgements I had rather depend upon our former resolutions and the Kings gracious Declarations then to pass an Act in such manner as hath been proposed The Speakers speech to his MAJESTY in the bancketting-Bancketting-House 5. May 1628. Most gracious and dread Soveraign YOur Loyal and dutifull Subjects the Commons assembled in Parliament by several Messages from your Majesty especially by that your must Royal Declaration delivered by the Lord Keeper before both Houses have to their exceeding joy and comfort received many ample expressions of your Princely care and tender affection towards them with a gracious promise and assurance that your Majesty will govern according to the Laws and Statutes of this Realm and so maintain all your Subjects in the just freedom of their Persons and safety of their Estates that all their Rights and Liberties may be by them enjoyed with as much freedom and security in your time as in any age heretofore by their Ancestors under the best of your Royal Progenitors For this so great and gracious a favour enlarged by a continual intimation of your Majesties confidence in the proceeding of this House they do by me their Speaker make a full return of most humble thanks to your Majesty withall dutifull acknowledgement of your grace and goodness herein extended to them And whereas in one of these Messages delivered from your Majesty there was an expression of your desire to know whether this House would rest upon your Royal word and promise assuring them if they would it should be Royally and really performed As they again present their humble thanks for this seconding and strengthning of your former Royal expressions so in all humbleness they assure your Majesty that their greatest confidence is and ever must be in your gracious favour and
goodness without which they well know nothing they can frame or desire will be of safety and value to them and therefore are all humble Suitors to your Majesty that your Royal heart would graciously accept and believe the truth of theirs which they humbly present and full of trust and confidence in your Royal word and promise as ever House of Commons reposed in any of their best Kings True it is they cannot but remember the publick trust for which they are accomptable to present and future times and their desires are that your Majesties goodness in fruit and memory be the blessing and joy of posterity They finde also that of late there hath been publick violation of your Laws and the Subjects Liberties by some of your Majesties Ministers and thence conceive that no less then a publick remedy will raise the dejected hearts of your loving Subjects to a cheerfull supply of your Majesty or make them receive content in the proceeding of this House From these considerations they must humbly beg your Majesties leave to lay hold of that gracious offer of yours which gave them assurance that if they thought fit to secure themselves in their Rights and Liberties by way of Bill or otherwise so it might be provided for with due respect to his Honour and publick good he would graciously be pleased to give way unto it Far from their intentions it is to incroach upon your Soveraignty or Prerogative nor have they the least thought of straining or inlarging the former Laws in any sort by any new interpretations or additions The bounds of their desire extend no further then to some necessary explanation of what is truely comprehended within the just sence and meaning of those Laws with some moderate provision for execution and performance as in times past upon like occasions have been used The way how to accomplish these their humble desires is now in serious consideration with them wherein they humbly assure your Majesty they will neither loose time nor seek any thing of you Majesty but what they hope may be fit for dutifull and Loyal Subjects to ask and for a gracious and a good King to grant The KINGS Answer to the House of Commons delivered by the Lord Keeper 5. May 1628. MR. Speaker and the Gentlemen of the House of Commons his Majesty hath commanded me to tell you that he expected an answer by your actions and not delay by discourse You acknowledge his trust and confidence in your proceedings but his Majesty sees not how ye requite him by your confidence of his word and actions for what need explanations if you doubt not performance of the true meaning for the explanation will hazard an incroachment upon his Prerogative and it may well be said what needs a new Law upon any old if you repose confidence in the Declaration his Majesty lately made by me to both Houses and your selves acknowledge that the greatest trust and confidence must be in his Majesties grace and goodness without which nothing that you can frame will be of safety or available to you Yet to shew clearly the sincerity of his Majesties intentions he is content that a Bill be drawn for confirmation of Magna Charta and the 6. other Statutes insisted on for the Subjects Liberties if you shall chuse that to be the best way so that it be without Additions Paraphrase or Explanations Thus if you please you may be secured from your needless fears and this Parliament may have a happy wished for end whereby the contrary if you seek to tye the King by new and indeed impossible bonds you must be accomptable to God and your Countrey for the ill success of this meeting His Majesty having given his Royal word that you shall have no cause to complain hereafter less then which hath been enough to reconcile great Princes and therefore ought much more to prevail between King and Subject Lastly I am commanded to tell you that his Majesties pleasure is that without further replies of Messages or other unnecessary delayes you do what you mean to do speedily remembring the last Message which his Majesty sent you by Secretary Coke for point of time his Majesty alwayes intending to perform his promise to his people The Lord COKES speech at the conference in the Painted Chamber presenting the Petition of Right 8. May 1628. I Pray your Lordships to excuse us for we have been till one of the Clock about the great business and blessed be God we have dispatcht it in some measure and before this time we were not able to attend your Lordships but I hope that this will prove to be a great blessing to us My Lords I am commanded from the House of Commons to express their singuler care and affection they have of concurrence with your Lordships in these urging affairs and proceedings of this Parliament both for the good of the Common-wealth and principally for his Majesties And this I may say in this particuler if we have hundreds of tongues we were not able to express this desire which we have of that concurrence with your Lordships but I will leave it without any further expression My Lords what necessity there is both in respect of your selves and your posterities in the good success of this business we have acquainted your Lordships with the reasons and the arguments and also that we have had some conference about it we have received from your Lordships 5. Propositions and it behoves us to give your Lordships some reasons why you have not heard from us before now for in the mean time as we were consulting of this weighty business we have received divers messages from our great Soveraign the King and they consisted upon 5. parts First was that his Majesty would maintain all his Subjects in their just freedom both of their Persons and Estates Secondly That he will govern according to his Laws and Statutes Thirdly That we shall finde much confidence in his Royal word I pray observe that Fourthly That we shall enjoy all our Rights and Liberties with as much Freedom and Liberty as ever any Subjects have before times Fifthly That whether we shall think it fit either by way of Bill or otherwise to go on in this great business his Majesty would be pleased to give way to it These gracious messages do so work upon our affections that we have taken them into consideration My Lords when we had these messages I deal plainly for so I am commanded by the House of Commons We did consider in that way we may go for our most secure way nay yours we do think that the safest way was to go a Parliament course for we have a Maxim in the House of Commons and written on the walls of our House that old wayes are the safest and surest wayes And at last we fell upon that which we did think if that your Lordships shall consent with us as the most ancient way of all and that is my
Fifthly By faults of inferior Ministers men and ships discharged after presses or imbarques are put to such charge that all decline not onely the service but the Trade of fishing and Sea-fareing Those that are really prest come far from the West or the North to Chatham early in the year and so with few Cloaths at the end of the Summer nasty and weak infect themselves and others And in the imployment FIrst Are Commanders weak young ignorant Captains c. Secondly Are not provided of good Chirurgeons and extraordinaries necessary for sick men Thirdly Both ships and men contrary to the wisdom of former times are set out in Winter Voyages long and dark nights and in our Northern Seas upon our dangerous Coasts which have consumed a World of our Marriners and discouraged others After the imployment FIrst If the Marriners come home sick no Hospitals or Guest-Houses as in other Countreys to relieve them Secondly If after all their miseries they return well they are forced to sue for their due Wages till all they have is spent Opportunity of new imployment is lost and themselves so discouraged or put out of heart that they either run away to the Enemy or put themselves in forraign service or betake themselves to any thing rather then the Sea life And those whose ships have been taken up 36. Moneths some 30. some 20. some more some less still complain they are not paid the small fraight of 2. shill. per Tun at first promised By this means they have neither Money nor will to repair their ships and none build new almost in any part by reason of their discouragements and those that do build take care to build them unserviceable to avoid pressing or taking up The Remedies proposed in general FIrst That the State would be pleased to give all possible countenance and comfort to all sorts of Merchants and Fishermen both by better guarding of the Seas by settling of the Book of Rates and Customes and duties and by orderly regulating the many affairs according to the wisdom of former times imploying of skilfull and experienced men and more particulerly in allowing the old 5. shill. per Tun to all such as shall build new serviceable ships of 150. Tuns or upwards upon a Certificate made before the Judge of the Admiralty to be duly paid by some Collectors of the Customes without further trouble Secondly To increase the fraight from 2. shill. to 3. shill. per Tun and Tonnage to agree of the measure of Tonnage before the ships go into service that upon return speedy payment may be made by some setled and published assignment Thirdly That all arrearages due to owners of ships and Marriners that have served may be paid out of the subsedies and that a certain course of payment for the future may be established and published His Majesties Message to the House of Commons by the SPEAKER 6. June 1628. WHereas his Majesty understanding that you did conceive his last Message to restrain you in your just Priviledges These are to declare his intention that he had no meaning of barring you from what hath been your Right but in the manner to avoid all scandals on his Councel and actions past his Ministers might not be nor himself under their names taxed for their Councels and that no such particulers should be taken in hand as would ask a longer time of consideration then what he hath already prefixed and still resolves to hold that so for this time Christendom might have notice of a sweet parting between him and his people which if it falls out his Majesty will not be long from another meeting when such grievances if there be any at their leasure and convenience may be considered The KINGS speech 7 June THe answer I have already given you was made with so good deliberation and approved by the judgement of so many wise men that I could not have imagined but it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you that there is no doubleness in my meaning I am willing to please you in words as well as in substance Read your Petition and you shall have an answer I am sure will please you Then the Petition of Right was read and again the whole PARLIAMENT spake MAy it please your most Excellent Majesty The Lords spiritual and temporal and Commons in Parliament Assembled taking into their considerations that the good intelligence between your Majesty and your people doth much depend upon your Majesties answer unto their Petition of Right formerly presented with an unanimous consent unto your Majesty Do most humbly beseech your Majesty that you will be gratiously pleased to give a satisfactory answer thereunto in full Parliament Soit droit fait come est desire par le Petition Let right be done as is desired by the Petition The KING again THis I am sure is full yet no more then I granted you in my first answer for the meaning of that was to confirm all your Liberties knowing according to your own protestations that you neither mean nor can hurt my Prerogative And I assure you my Maxim is that the peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the peoples Liberties You see now how ready I have shewn my self to satisfie your demands so that I have done my part wherefore if this Parliament hath not a happy conclusion the sin is yours I am free of it The Motions of the lower-Lower-house to the Higher 7. June 1628. THat the new granted subsedies might be expended especially upon three or four of the most necessary of those Propositions propounded by his Majesty That they thought the most necessary imployments for the subsedies were first the repairing of our new impaired Navy Royal and the decayed Sea munition Secondly the re-edifying of the breaches made in our Forts and haven Towns Thirdly by a supply and speedy aid and assistance for Denmark And whether in these they have judged rightly or not the eminent and incroaching dangers of the present times might be a guide Also they made Declaration of the late Suits and Petitions of our Marriners having lately received from them a Bill of grievances against the Duke for defect of payment and that not of some few but the whole Company And that if herein they had not sudden redress they must be forced to right themselves upon him as they shall finde opportunity Herein the Commons did declare that they thought themselves bound in Conscience as helping the oppressed and in pollicie in preventing all such combustions to patronize and cherish them Also they thought it expedient that all such books as have been questioned in Parliament and since tollerated might after the dissolving thereof by the virtue of the former Protection pass uncontroulable and the Authors thereof without molestation In the interim that this latter Proposition was debating upon just occasion being offered S r. THOMAS WENTVVORTH delivered
courages but to presse to provision worthy the wisdome of a Parliament And for that cause his Majestie hath called you hither that by a timely provision against those great imminent dangers our selves may be strengthened at home our Friends and Allies incouraged abroad and those great causes of feare scattered and dispelled And because in all warlike preparations Treasure bears the name and holds the semblance of the nerves and sinewes and if a sinew be too short or too weak if it be either shrunk or strained the part becomes unusefull it is needfull that you make a good and timely supply of treasure without which all counsells will prove fruitlesse I might presse many reasons to this end I will but name few First for his Majesties sake who requires it great is the duty which we owe him by the law of God great by the law of Nature and our own Allegeance great for his own merit and the memory of his ever blessed Father I do but point at them but me thinks our thoughts cannot but recoyle on our consideration touched by his Majestie which to me seemes to sound like a Parliamentarie part or Covenant A Warre was advised here Assistance professed yea and protested here I do but touch it I know you will deeply think on it and the more for the example the King hath set you his Lands his Plate his Jewells he hath not spared to supply the War what the People hath protested the King for his part hath willingly performed Secondly for the Cause sake it concernes us in Christian Charity to tender the distresses of our Friends abroad it concernes us in honour not to abandon them that have stood for us and if this come not close enough you shall finde our Interest so woven and involved with theirs that the Cause is more ours then theirs If Religion be in perill wee have the most flourishing and orthodoxe Church if Honour be in question the steps and monuments in former ages will shew that our Ancestours have left us as much as any Nation if Trade Commerce be in danger we are Islanders it is our life all these at once lye at stake and so doth our safety and being Lastly in respect of the manner of his Majesties demand which is in Parliament the way that hath ever best pleased the subjects of England and good cause for it for Aides granted in Parliament work good effects for the People they be commonly accompanied with wholesome Lawes gracious Pardons and the like Besides just and good Kings finding the love of their people and the readinesse of their supplies may the better forbear the use of their Prerogatives and moderate the rigour of the Lawes towards their Subjects This way as his Majestie hath told you he hath chosen not as the onely way but as the fittest not as destitute of others but as most agreeable to the goodnesse of his own most gracious disposition and to the desire and weâ—le of his people If this be deferred Necessity and the Sword of the Enemy make way to the others Remember his Majesties admonition I say remember it Let me but adde and observe Gods mercy towards this land above all others the torrent of Warre hath overwhelmed other Churches and Countries but God hath hitherto restrained it from us and still gives us warning of every approaching danger to save us from surprize And our gracious Sovereign in a true sense of it calls together his High Court of Parliament the lively representation of the wisdome wealth and power of the whole Kingdome to joyn together to repell those hostile attempts which have distressed our Friends and Allies and threatned our selves And therefore it behoves all to apply their thoughts unto Counsell and Consultations worthy the greatnesse and wisdome of this Assembly to avoid discontents which may either distemper or delay and to attend that unum necessarium the common Cause propounding for the scope and work of all the debates the generall good of the King and Kingdome whom God hath joyned together with an indissoluble knot which none must attempâ— to cut or untie And let all by unity and good accord endeavour to pattern this Parliament by the best that have been that it may be a pattern to future Parliaments and may infuse into Parliaments a kinde of multiplying power and faculty whereby they may be more frequent and the King our Sovereign may delight to sit on this Throne and from hence to distribute his graces and favours amongst his people His Majestie hath given you cause to be confident of this you have heard from his royall mouth which neverthelesse he hath given me expresse command to redouble If this Parliament by their dutifull and wise proceedings shall but give this occasion his Majestie will be ready not onely to manifest his gracious acceptation but to put out all memory of those disasters that have troubled former Parliaments I have but one thing to adde and that is As your consultations be serious so let them be speedy The Enemy is beforehand with us and flies on the wings of Successe we may dallie and play with the houre-glasse that is in our powers but the houre will not stay for us and an opportunity once lost cannot be regained And therefore resolve of your Supplies that they may be timely and sufficient serving the occasion Your Counsel your Aid all is but lost if your Aid be either too little or too late And his Majestie is resolved that his affaires cannot permit him to expect it overlong And now having delivered what his Majestie hath commanded me concerning the cause of this Assembly his Majestie willeth that you of the House of Commons repaire to your owne House to make choice of a Speaker whom his Majestie will expect to be presented unto him on Wednesday next at two of the clock The Speaker Sir John Finches Speech March 19. 1627. Most Gracious Sovereign YOur obedient and loyall Subjects the Knights Citizens and Burgesses by your royall Summons here assembled in obedience to your gracious direction according to their antient usage aud priviledge have lately proceeded to the choice of a Speaker and whether fequestring their better Judgements for your more weighty affairs or to make it known that their honour and wisdome can suffer neither increase nor diminution by the value or demerits of any one particular Member in what place soever serving them omitting others of worth and ability they have fixed their eyes of favour and affection on Mee Their long knowledge of my unfitnesse every way to undergo a charge of this important weight and consequence gave mee some hope they would have admitted my just excuse yet for their further and clearer satisfaction I drew the curtains and let in what light I could upon my owne inmost thoughts truely and really discovering to them what my self best knew and what I most humbly beseech your royall Majestie to take now into consideration that of so many hundreds
God declared against our selves in the manifold Evils already fallen upon us and in those which are further threatned as by your sacred Majesty was intimated to us even to the utter destruction and subversion of this Church and State all which our sins have justly deserved and being now by your Majestie 's gracious favour assembled in Parliament as the great Councel of this your Kingdome to consult on such means as we conceive fittest to redresse the present and prevent the future Evils wherein through Gods blessing we intend to imploy our utmost endeavours with as good hearts to your Majestie and the publick service as ever people did do in the first place humbly beseech your Majesty that by your speciall command one or more daies may be forthwith solemnly set apart wherein both our selves and this your Kingdome may by Fasting and Prayer seek a Reconciliation at the hands of almighty God and with humble and penitent hearts beseech him to remove those miseries that lie upon us and our neighbour Churches to avert those which are threatned to continue the favours which we yet enjoy and particularly to bestow his abundant blessing upon your Majesty and this present Parliament so that all our counsels and consultations being blessed with his divine assistance may produce much honour safety and happinesse to your Majesty your People and Allyes The Kings Propositions March 28. 1628. 1. TO furnish man and victuall 30. ships to guard the Narrow seas and along the Coasts 2. To set out 10. other ships for the preservation of the Elve and the Baltick sea 3. To set out 10. other ships for the relief of the Town of Rochel 4. To leavy arme cloth victuall pay and transport an army of 1000. horse and 10000. foot for forrain service 5. To pay and supply 6000. men for the assistance of the King of Denmark 6. To supply the stores of the Office of the Ordinance 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 Arriers of the Office of the Ordinance 11. To pay the Arriers of the Victuallers Office 12. To pay the Arriers of the Treasurer of the Navy 13. To pay the Arriers due for the fraight of divers Merchants ships imployed in his Majestie 's service 14. To provide a Magazine of Victualls for Land and Sea-service Three grand Questions 1. NO Free-man ought to be committed or detained in prison or otherwise restrained by the command of the King of the Privy Councel or any else unlesse some cause of the commitment detainment or restraint be expressed for which by law he ought to be committed detained or restrained 2. A Writ of habeas corpus may not be denyed 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 Privy Councel or any other he praying the same 3. If a Free-man be committed or detained in prison or otherwise restrained by the command of the King Privy Councel or any other unlesse the cause of the commitment detainment or restraint be expressed for which by Law he ought to be committed detained or restrained and the same be returned upon habeas corpus granted for the said party that then he ought to be delivered or bailed Sir John Coke his Speech at a Conference between the Lords and Commons about the Petition to the King against Recusants My Lords WE are sent to attend this Conference from the Knights Citizens and Burgesses of the House of Commons And first we acknowledge all due honour both unto the reverend Fathers of the Church and to you noble Lords in that ye have shined before us as worthy lights in the encouragement and maintainance of true Religion It is the true support of all your dignities and honours And this forwardnesse of yours is the more remarkable when that viperous generation as your Lordships justly stile them doe at â—ase with tooth and nail assay to rend the bowels of their Mother For give me leave to tell you what I know that they 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 Hierarchie 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 kinds as Vicars-generall Arch-deacons rurall Deans Apparatours and such like Neither are those nominall or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdome keep Courts and determinâ— Ecclesiasticall causes and which is an argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntioes and Cardinalls both at Bruxells 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 travell 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 royall arm and since the Lords of his Councell 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 doe no more hurt we conceive great hope and comfort that the almighty God will from henceforth prosper our endeavours both at home and abroad 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 were 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 agreable 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 the Courts of our ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them only as our Advise and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not find this reason to be of weight These additions were
but few and were approved of by the Lords and inserted in the Petition the 29. March 1628. The Petition of both Houses to his Majesty concerning Râ—cusants March 31. 1628. VVE your Majesties most loyall and obedient Subjects the Lords Spirituall and Temporall 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 Judgements which doe apparently presse upon us doe in all humility present unto your Sacred Majesty all possible thanks for the same And because the publick and visible Sins of the Kingdome are the undoubted Causes of those visible Evils that are fallen upon us amongst which sins as is apparentâ—â—â—y the Word of God Idolatry and Superstition are the most hainous 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 doe make a wall of separation betwixt God and us 1. We most humbly and ardently beg at the hands of your Sacred Majesty that your Majesty will be pleased to give continuall 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 Kingdome after their Banishment contrary to your Highnesse expresse Proclamation we humbly desire may be left to the severity of your Laws without admitting any mediation or intercession for them and that such of your Majesties unsound and ill-affected Subjects as doe receive harbour or conceal any of that viperous generation may without delaies suffer such penalties and punishments as the Laws most justly impose upon them 2. That your Majesty would be pleased to command a secure and streight watch to be kept in and over your Majesties Ports and Havens and to commit the care and charge of searching of ships for this discovery and apprehension as well of Iesuits and Seminary-Priests brought in as of children and young Students sent over beyond the Seas to suck in the poison of Rebellion aâ—d 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 out of the other that the Lawes may passe upon them with speedy execution 3. That considering those dreadfull dangers never to be forgotten which did involve your Majesties Sacred Person and the whole representative Body of your Majesties Kingdome plotted and framed by the free and common accesse of Popish Recusants to the city of London and to your Majesties Court your Majesty would be graciously pleased to give speedy command for the present putting in practice those Laws that prohibite all Popish Recusants to come to the Court or within ten miles of the City of London as also those Law 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 4. That whereas it is more then probably conceived that infinite summes of money have within these two or three yeares last past been exacted out of the Recusants within the Kingdome by colour of Composition and small proportion of the same returned into your Majesties Coffers not onely to the suddain inriching of private persons but also to the imboldning of the Romish Recusants to entertain Massing Priests into their private houses and to exercise all the mimick Rites of their grosse Superstition without fear of controll amounting as by their daily practice and ostentation we may conceive to the nature of a concealed Toleration your Majesty would be graciously pleased to receive this particular more nearly into your Princely wisdome and consideration to dissolve this Mystery of Iniquity patch't up of colourable Licenses Contracts or Preconveyances being but masks on the one part of fraud to deceive your Majesty and stales on the other side for private men to accomplish their corrupt ends 5. That as the persons of Ambassadours from forraigne Princes their houses be free for exercise of their own Religion so their houses may not be made free Chappell 's and Sanctuaries for your Majesties Subjects Popishly affected to heare Masse and to participate in all other Rites and Ceremonies of that Superstition to the great offence of almighty God and scandall of your Majesties people loyally and religiously affected That either the concourâ—e of Recusants to such places may be restrained or at least such a vigilant watch set upon them at their returne from those places as they may be apprehended and severely proceeded withall ut qui palam in luce peccant in luce puniantur 6. That no place of authority or command within any the Counties of this your Majesties Kingdome or in any ships of your Majesties or which shall be imployed in your 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 Justices of Peace of 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 connivance have crept into such places may by your Majesties royall Command be discharged of the same 7. That all your Majesties Justices Judges and Ministers of Justice unto whose care and trust Execution which is the life of your Majesties Laws is committed may by your Majesties Proclamation not only be commanded to put in speedy execution those Laws that stand in force against Jesuits Priests Seminaries and Popish Recusants but that your Majesty would be further pleased to command the said Judges and Justices of Assize to give a true and strict accompt of their proceedings at their return out of their Circuits to the Lord Keeper and by the Lord Keeper to be presented to your Majesty 8 And for a fair and clear eradication of all Popery for the future and for the breeding and nursing up of an holy generation and a peculiar people sanctified to the true worship of almighty God That untill a provisionall Law may be made for the trayning 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 your Majesty in fastnesse of Love Religion and loyall Obedience then all pecuniary mulcts and penalties that can possibly be devised your Majesty will be pleased to take it into your Princely care and consideration These our humble Petitions proceeding from
hearts and affections loyally and religiously devoted to God and your Majesties service and to the safety of your Majesties Sacred Person we most zealously present to your Princely Wisdome craving your Majesties chearful and gracious approbation The King's Answer to the Petition against Recusants March 31. 1628. My Lords and Gentlemen I Do very well approve the method of your proceeding à Jove principium hoping that the rest of your Consultations will succeed the happier And I like the preamble of my Lord Keeper otherwise I should a little have suspected that you thought me not so carefull of Religion as I have been and ever shall be wherein I am as forward as you can desire As for the Petition I answere first in generall that I like it well and will use those as well as all other means for the maintenance and propagation of that Religion wherein I have lived and doe 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 ly 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 satis est The Answer to the same Petition by the Lord Keeper Coventrey TO the first point his Majesty answereth That he will accoreding to your desire give both life and motion to the Laws that stand in force against Iesuits 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 triall of the Law and in case after tryall there shall be cause to respite the execution of any of them yet they shall be committed according to the example of best times to the Castle of Westbitch and there be safely kept from exercising their functions or spreading their Superstitious and dangerous Doctrine and for the receivers and abettors they shall be left to the Law To the second His Majesty granteth all that is desired in this Article and to this end will give order to the Lord Treasurer Lord high Admirall and Lord Warden of the Cinque Ports that in their severall places they be carefull to see this Article fully executed giving strict charge to all such as have place or authority under them to use all diligence herein 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 any such as are here mentioned and his Majesty will take it for good service if any will give knowledge of 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 To the third His Majesty will take order to restrain the recourse of Recusants to the Court and also for the other points of this Article his Majesty is well pleased that the Laws be duly executed and that all unlawfull Licenses be annulled and discharged To the fourth His Majesty is most willing to punish for the time past and prevent for the future any the deceits and abuses mentioned in this Article and will account it a good service in any that will inform himself his Privy Councell Officers of his Revenue Judges or Councell learned of any thing that may reveal this Mystery of Iniquity and his Majesty doth strictly charge and command every of them to whom such information is made that they suffer not the same to die but do their utmost endeavour to effect a clear discovery and bring the Offenders to punishment and to the intent that no concealed toleration may be effected his Majesty leaveth the Lawes to their course To the fifth His Majesty is pleased to prohibite and restrain the coming and resort to the house of Ambassadours and will command a vigilant watch to be set for their taking and punishing as is desired To the sixth He is perswaded that this Article is already observed with good care neverthelesse for the avoyding as much as may be errours and escapes in that â—ind his Majesty will give order to the Lord Keeper that the next Terme he call unto him all the Judges and take information from them of the state of their severall Circuits if any such as are mentioned in this Article be in the Commission for Peace that reformation may be made thereof and will likewise give order to the Lord Admirall and to such persons to whom it shall appertain to make diligent enquiry and certifie to his Majesty if any such be in place of authority and command in his ships or service To the seventh His Majesty doth fully grant it To the eighth His Majesty doth well approve it as a matter of necessary consideration and the Parliament now sitting he recommendeth to both Houses the preparation of a fitting Law to that effect and his Majesty doth further declare that the mildnesse that hath been used towards them of the Popish Religion hath been upon hope that forraign Princes thereby might be induced to use moderation towards their Subjects of the Reformed Religion but not finding that good effect which was expected his Majesty resolveth unlesse he shall very speedily see better fruit to adde a further degree of severity to that which is in this Petition desired Sir Edward Coke's Speech March 25. upon a Question of Law in point of the Iudgement given in the Kings Bench Mich. 3. Caroli Viz. That a Prisoner detained by Committment per special mandat Regis without expressing a Cause is not bailable wherein he held negatively and spake as followeth IT is true that the Kings Prerogative is a part of the Law of this Kingdome and a supream part for the Prerogative is highly tendred and respected of the Law yet it hath bounds set unto it by the Laws of England But some worthy Members of this House have spoken of forraign States which I conceive to be a forraign Speech and not able to weaken the Side I shall maintain That Master Attorney may have something to answer unto I will speak without taking another day to the body of the Cause yet keeping something in store for another time I have not my Vade mecum here yet I will endeavour to recite my Ancestours truly I shall begin with old Authority for Errorem ad sua principia referre est refellere The ground of this Errour was the Statute of Westm. 1 cap. 15. which â—aith that those are not repleviable who are committed for the death of a man or by the commandment of the King or his Justices for the Forrest for so it
was cited and Stamford 72. expounding hereof the commandment of the King to be the commandment of the Kings mouth or of his Councell But it is clear that by praeceptum is understood the commandment of the Justices of the Kings Bench and Common Pleas and this is contemporanea expositio quae est fortissima in lege To this purpose vide Westm. 1. cap. 9. the book of 2. R. 2. item cap. 20. de malefactoribus in parâ— the book of 8 Hen. 4. 5. item 25. 26. 29. cap. ejusdem statuti whereby it may appear that the commandment here spoken of to be the commandment of the King is his commandment by his Judges Praeceptum Domini Regis in Curia non in Camera So it is likewise taken 1. R. 2. cap. 12. in a Statute made in the next Kings reign and expresly in Dyer fol. 162. § 50. fol. 192. § 24. Shall I further prove it by matter of record Fac hoc vives it is 18. E. 3. Rot. 33. coram Rege Iohn Bilston's Case who being committed and detained in prison by commandment of the King was discharged by Habeas corpus eo quod Breve Domini Regis non fuit sufficiens causa All the Acts of Parliament in title of accusation are direct to the point and also the 16. Hen. 6. Brooke and Littleton 2. 1. monstrans de fait 182 per Cur. The King cannot command a man to be arrested in his presence the King can arrest no man because there is no remedy against him 1. Hen. 7. 4. likewise praedict stat cap. 18. the Kings pleasure is not binding without the assent of the Realm I never read any opinion against what I have said but that of Stamford mistaken as you see in the ground yet I say not that a man may not be committed without precise shewing the cause in particular for it is sufficient if the cause in generall be shewed as for Treason c. 1. E. 2. stat de frangend prison nullus habeat judicium c. there the cause of imprisonment must be known else the Statute will be of little force the words thereof doe plainly demonstrate the intent of the Statute to be accordingly I will conclude with the highest authority that is 25. chap. of the Acts of the Apostles the last verse where Saint Paul saith It is against reason to send a man to prison without shewing a Cause Thus Master Attorney according to the rules of Physick I have given you a Preparative which doth precede a Purge I have much more in store The substance of the King's Speech upon the relating of the proceedings of the Parliament to him by the Counsellers of the Commons House of Parliament 4. April 1628. HIs Majestie upon the Report made expressed great contentment that it gave him not valuing the money given comparable to the hearts shewed in the way of the gift for although his great Occasions of State did require more money then at this time was given yet now he made account he could not lack since he had their loves and that this day he thought he had gained more reputation in Christendome then if he had won many battails saying further according to his Speech the first day of the Parliament that they might easily make him in love with Parliaments now he professed he was so and that we should find the fruits of it by his calling us often together And to secure further feares and create future confidence he assureth us that we shall enjoy as great immunity and freedome in his time as ever we possessed or had under the reigne of any the best Kings of this Realm The Duke of Buckingham's Speech to his Majestie on Friday being the 4. of April 1628. Sir ME thinks I now behold you a great King for love is greater then Majestie Opinion that your people loved you not had almost lost you in the opinion of the World but this day makes you appear as you are a glorious King loved at home and now to be feared abroad This falling out so happily I beseech you give me leave to be an humble Suitour unto your Majestie First for my self that I who have had the honour to be your Favourite may now give up my title unto them they to be your Favourite and I to be your Servant My second suit is that they having done all so well you will account of them all as one a Body of many Members but all of one heart Opinion might have made them differ but Affection did move them all to joyn with like love in this great gift For proportion although it be lesse then your occasions may ask yet it is more then ever Subjects did give in so short a time nor am I perswaded it will rest there for this is but an earnest of their affectionâ— to let you see and the world know what Subjects you have that when your Honour and the good of the State is ingaged aâ—d aid asked in the ordinarie way of Parliament you cannot want This is not a gift of â— Subsidies alone but the opening of a Myne of Subsidies which lieth in their hearts This good beginning hath wrought already these good effects they have taken your heart drawn from you a declaration that you will love Parliaments and again this will meet I make no question with such respect that their demands will be just dutifull and moderate for they that know thus to give know what is fit to ask Then cannot your Majestie do lesse then out-go their demands or else you do lesse then your self or them for your Message begat trust their trust and your promise must beget performance This being done then shall I with a glad heart behold this work as well ended as now begun then shall I hope that Parliaments shall be made hereafter so frequent by the effects and good use of them as they shall have this further benefit to deterre from approaching your â—ares those Projectours and Inducers of Innovation as Disturbers both of Church and Common-wealth Now Sir to open my heart and to â—ase my grief please you to pardon me a word more I must confesse I have long lived in pain sleep hath given me no rest favours and fortunes no content much have been my secret sorrows to be thought the Man of Separation and that divided the King from his People and them from him But I hope it shall appeare there were some mistaken mindes that would have made me the Evil Spirit that walked between a good Master and a loyall people for ill offices whereas by your Majesties favour I shall ever endeavour to approve my self a good spirit breathing nothing but the best of service to them all Therefore this day I account more blessed unto me then my birth to see my self able to serve them to see you brought in love with Parliaments to see a Parliament expresse such love to you and God so love me and mine as I
breath of our nostrils and the light of our eyes and besides the many Comforts which under you and your Royall Progenitours in this frame of Government this Nation hath enjoyed the Religion we professe hath taught us whose Image you are And we do all most humbly declare to your Majestie that nothing is or can be more deare unto us then the sacred Rights and Prerogatives of your Crown no Person or Councell can be greater lovers of them nor more truly carefull to maintain them And the fundamentall Liberties which concern the freedome of our persons and propriety of our goods and estates are an essentiall meanes to establish the true glorie of a Monarch for rich and free Subjects as they are best governed so they are most able to do your Majestie service either in peace or warre which under God hath been the cause of the happie victories of this Nation beyond other Kingdomes of larger Territories and greater numbers of people What information soever contrarie to this shall be brought to your Majestie can come from no other then such as for their own ends under colour of advancing the Prerogative do in truth undermine and weaken Royall Power and by impoverishing the Subject render this Monarchie lesse glorious and the people lesse able to serve your Majestie Having by this which hath been said cleared our hearts and proceedings to your Majesty our trust is that in your Royall Judgement we shall be free from the least opinion of giving any unnâ—cessary stop to our procâ—eding in the matter of Supply and that your Majestie will be pleased to entertain belief of our alacritie and cheerfulnesse in your service and that hereafter no such misfortune shall befall us to be misunderstood by your Majestie in any thing We all most humblie beseech your Majestie to receive no information either in this or any other businesse from private relations but to weigh and judge of our proceedings by those resolutions of the House which shall be presented from our selves This rightly and graciously understood we are confident from the knowledge of your goodnesse and our own hearts that the ending of this Parliament shall be much more happy then the beginning and that it shall be stiled to all ages The Blessed Parliament which making perfect union betwixt the best people your Majestie may ever delight in calling us together and we in the Comforts of your Gracious Favour towards us In this hope I return to my first errand which will best appear by that which I shall humbly desire your Majesty to hear read being an humble Petition from the House of Commons for redresse of those many inconveniences and distractions that have befallen your Subjects by the billetting of Souldiers Your Royall Progenitours have ever held their Subjects hearts the best Garrison of this Kingdome And our humble suit to your Majesty is that our Faith and Loyalty may have such place in your Royall thoughts as to rest assured that all your Subjects will be ready to lay down their lives for the defence of your Sacred Person and this Kingdome Not going our selves into our Countreys this Easter we should think it a great happinesse to us and we know it would be a singular comfort and encouragement to them that sent us hither if we might but send them the newes of a gracious Answer from your Majesty in this particular which the reasons of the Petition we hope will move your most excellent Majesty graciously to vouchsafe us The King's Answer to the Petition concerning billetting of Souldiers 14 April 1628. M r Speaker and you Gentlemen WHen I sent you my last message I did not expect any Reply for I intended to hasten you not to find fault with you I told you at your first meeting that this time was not to be spent in words and I am sure it is lesse fit for disputes which if I had a desire to entertain M r Speaker's Preamble might give me ground enough The Question is not now what Libertie you have in disposing of matters handled in your House but rather what is fit to be done Therefore I hope you will follow my example in eschewing disputations and fall to your important businesse You make a protestation of your affections and zeal to my Prerogative grounded upon so good and just reasons that I must believe you But I look that you use me with the like charitie to believe what I have delivered more then once since your meeting which is That I am as forward as you for the preservation of your true Liberties yet let us not spend so much time in this that may hazzard both my Prerogative and your Liberties to our Enemies To be short go on speedily with your businesse without fear or more Apologies for time calls fast on you which will neither stay for me nor you Wherefore it is my dutie to presse you to hasten as knowing the necessity of it and yours to give credit to what I say as to him that sitteth at the Helme Sir Dudley Diggs his Introduction My Lords I Shall I hope auspiciously bâ—gin this Conference this day with an Observation out of Holy Story In the dayes of good King Iosiah when the Land was purged of Idolatry and the great men went about to repaire the House of God while money was sought for there was found a Book of the Law which had been neglected and afterwards being presented to the good King 2 Chro. cap. 34. 2 Kings cap. 22. procured the blessing which your Lordships may read of in the Scriptures My good Lords I am confident your Lordships will as cheerfully joyn with the Commons in acknowledgement of Gods great blessing in our good King Iosiah as the Knights Citizens and Burgesses of the Commons House by me their unworthy servant do thankfully remember your most religious and truly honourable invitation of them to the late Petition for clensing this Land from Popish Abominations which I may truly call a necessary and happy repairing of the House of God And to go on with the parallell while we the Commons out of our good affection were seeking for money we found I cannot say a book of the Law but many and those fundamentall points thereof neglected and broken which hath occasioned our desire of this Conference Wherein I am first commanded to shew unto your Lordships in generall that the Lawes of England are grounded on reason ancienter then bookes consisting much in unwritten Customes yet so full of Justice and true Equity that your most honourable Predecessours and Ancestours many times propugned them with a Nolumus Mutare and so ancient that from the Saxons daies notwithstanding the Injuries and Ruines of Time they have continued in most parts the same as may appear in old remaining Monuments of the Lawes of Ethelbert the first Christian King of Kent In Bibliotheca â—ottoniana Ina King of the West-Saxones offa of the Mercians and of Alfred the great Monarch who united
he doth willingly give way to have the abuse of power reformed by which I do verily believe that 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 our happiness that he is so foreward to redress it For my own part I shall be very glad to see that good old decrepit Law of Magna Charta which hath so long kept in and lain as it were bedrid I should be glad I say to see it walk abroad again with new vigour and lustre attended by the other six Statutes questionless it will be a general hartning to all the People I doubt not but by a debating conference with the Lords we shall happily fall upon a fair and fit accommodation concerning the Liberty of our Persons and propriety of our goods I hope we have a Bill to agree in the point against imprisonment for Loanes or privy Seals as for intrincical power and reason of State they are matters in the clouds where I desire we may leave them and not meddle in them at all least by way of admittance we may loose somewhat of that which is our own already Yet this by the way I will say of reason of State that in the latitude as it is used it hath eaten out almost not onely all the Laws but all the Religion of Christendom Now M r. Speaker I will onely remember you of one precept and that of the wisest Man Be not overwise be not over just and he cited his reason for why wile thou be desolate Sir if Justice and Wisedom may be stretcht to desolation let us thereby learn that moderation is the virtue of virtues and the wisedom of wisedomes Let it be our Master-piece so to carry our business as we may keep Parliaments on foot for as long as they are frequent there will be no irregular power which though it cannot be broken at once yet in short time it will fade and moulter away there can be no total and final loss of Liberty but by loss of Parliaments as long as they last what we cannot get at one time we may have at another Let no man think that what I have said is the language of a private end my aim is upon the good success of the whole for I thank God my minde stands above any fortune that is to be gotten by base and unworthy means No man is bound to be rich or great no nor to be wise but every man is bound to be honnest out of which heart I have spoken The Lord KEEPERS speech 28. April 1628. MY Lords Knights and Burgesses of the House of Commons I cannot but remember the great and important affairs concerning the safety both of State and Religion declared at first from his own mouth to be the cause of assembling this Parliament the fear whereof as it doth dayly increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger encreaseth every day both by effluction of time and preparation of the enemy Yet his Majesty doth well weigh that this expence of time hath been occasion by the debate that hath risen in both Houses touching the Liberty of both Subjects in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not deminish nor blemish his Royal and just Prerogative so he presumes ye will all confess it a point of extraordinary grace and Justice in him to suffer it to rest so long in dispute without interruption But now his Majesty considering the length of time which it hath already taken and fearing nothing so much any future loss as that whereof every hour and minute is so precious and foreseeing that ordinary way of debate though never so carefull must in regard of the forms of both Houses necessarily take up more time then the affairs of Christendom can permit his Majesty out of his great and Princely care hath thought it expedient to shorten the business by declaring the clearness of his own heart and intention And therefore he hath commanded me to let you know that he holds the Statute of Magna Charta and the other 6. Statutes insisted on for the Subjects Liberty to be all in force and assureth you that he will maintain all his Subjects in the just freedom of their Persons and in safety of their estates and that he will Govern according to the Laws and Staâ—â—tes of the Realm and that you shall finde as much security in his Majesties Royal word and promise as in the strength of any Law you can make so that hereafter you shall never have cause to complain The conclusion is this that his Majesty prayeth that God who hath hitherto blessed this Kingdom and hath put into his heart this day to come unto you will make the success hereof happy both to King and People And therefore he desireth that no doubt or mistrust may possesse any man but that you all will proceed speedily and unanimously with the business The Bishop of EXCETERS Letter sent to the House of COMMONS 28. April 1628. Gentlemen FOr God sake be wise in your well meant Zeal why do you argue away precious time that can never be revoked or repaired Woe is me while we dispute our friends perish and we must follow them where are we if we break and I tremble to think we cannot but break if we hold so stiff Our Liberties and proprieties are sufficiently declared to be sure and legal our remedies are clear and irrefragable what do we fear every Subject sees the way now chalked out for future Justice and who dares henceforth tread besides itâ— Certainly whilest Parliaments live we need not misdoubt the violations of our Freedoms and Rights May we be but where the Law found us we shall sufficiently enjoy our selves and ours It is no season to search for more Oh let us not whilest we over-rigedly plead for an higher strain of safety put our selves into a necessity of ruine and utter despair of redress Let us not in the suspition of Evils that may be cast our selves into a present confusion If you love your selves and your Countrey remit some thing of your own terms and since the substance is yielded by your Noble Patriots stand not too rigorously upon points of circumstance Fear not to trust a good King who after the strict Laws made must be trusted with the execution Think that your Countrey nay Christendom lies on the mercie of your present resolutions Relent or farewell welfare From him whose faithfull heart bleeds in a vowed sacrifice for his King and Countrey EXCETER M r. HACK VVELL of LINCOLNS-INNE his Speech in the Lower-House 1. May 1628. SIR I Chose rather to discover my weakness by speaking then to betray my conscience by silence My opinion is that we shall do well totally to omit our resolution out of
this Bill and rely onely upon a confirmation of the Laws The Objections made against this Opinion are two THe first is that we shall thereby recede from our own resolution The second that by a bare confirmation of the Old Laws without the inserting of our resolution by way of explanation we shall be but in the same case as before For the first that though we desire onely a confirmation without adding of our resolution we do not thereby recede from our resolution I reason thus Our resolution was drawn out of the sence of those Laws which are now desired to be confirmed so that no question can be made by any of us that have thus declared our selves but that our resolution is virtually contained in those Laws if that be so how can our acceptance of a confirmation of these Laws be a departure from our resolution Nay rather we think the contrary is true he that doubts that by confirmation of these Laws our resolution is not hereby confirmed doubts whether we have justly deduced our resolutions out of those Laws and so calls our resolution into question This Argument alone is in my opinion a full answer to that first Objection that in desiring of a bare confirmation of those Laws we depart from our resolutions This Arguments alone is in my opinion a full answer to that first Objection that in desiring of a bare confirmation of these Laws we depart from our resolution The second Objection is that if we have nothing but a confirmation we are in no better case then we were before those late violations of the Law This I deny and do confidently affirm that although we have no more then a confirmation of those Laws which are recited in the Bill that is now before us we shall depart hence in far better case then we came and that in divers respects First some of the Laws recited in this Bill and desired to be confirmed are not printed Laws and are known to few Professors of the Law and much less to others and yet they are Laws of as great consequence for the liberty of the Subject if not of greater then any that are printed as namely 25. E. 3. N o. 1. That loanes against the will of the lender are against reason and the freedom of the Realm 36. E. 3. N o. 9. By which imprisonments by special commandment without due Process are forbidden These two are not printed The excellent Law de tollagio non Concedendo in print hath in a publick Court been by a great Coucellour said to be but a Charter and no Law The Satute 1. Rich. 3. against benevolences is by some opinions in print an absolute Law if we can get all these goods Laws besides those 6. other which are expositions of Magna Charta in the point of the freedom and our Persons to be confirmed and put in one Law to the easie view of all men is not our Case far better then when we came hither Secondly will not the occasion of the making of this Law of confirmation so notoriously known be transmitted to all posterity certainly it will never be forgotten that the occasion thereof was the imprisonment of those worthy Gentlemen for not lending and the resolution in the Kings-bench in denying to bayl them and is not the occasion of the making of a Law a good rule to expound it If so then by giving a confirmation upon this occasion we have bettered our Case very much Thirdly have not the Judges in the Kings-bench in open Parliament upon our complaint disclaimed to have given any Judgement in the point which generally before by the Parliament was otherwise conceived for now they say it was but an Award and no Judgement Will such a Notorious Act upon so important an occasion in so publick a place be quickly forgotten Nay will not the memorie of it for ever remain upon Records is not our Case then much better then when we came hither Fourthly will not the resolution of this House and all our Arguments and reasons against imprisonment without a Cause expressed which no doubt by the course we have taken will be transferred to posterity be a great means to stay any Judge hereafter for declaring any Judgement to the contrary especially if there be likelyhood of a Parliament is not our Case in this very much amended Lastly have we not received Propositions from the Lords wherein amongst other things they declared that they are not out of love with our proceedings is not this a great strenghtning to it but after so long debate amongst them about it they cannot take any just exception to it and doth not this also much amend our Case From all these reasons I conclude that the second Objection that by a confirmation we are in no better case then when we came together is also a weak Objection Now for reasons to move us to proceed in this course of accepting a confirmation First we have his Majesties gracious promise to yield to a confirmation of the old Laws from which we may rest most assured he will not depart If we tender him with all our Proposition to be enacted we have cause to doubt that we shall loose both the one and the other Secondly we are no less assured of the Lords joyning with us for in their Propositions sent to us they have delivered themselves to that purpose This is then a secure way of getting somewhat of great advantage to us as we have great hopes and in manner assurance on this side So on the other side we have great doubts and fears that by offering our resolution to be enacted we shall loose all For first we have had already experience of the Lords that they are not very foreward to joyn with us in a Declaration of our Proposition to be Law If they stumble at a Declaration much more will they in yielding to make Law in the same point And have we not much more cause to doubt that his Majesty will not yield unto it seeing it toucheth him so near Is it not the notice of his pleasure that hath wrought thus with the Lords If we should clog our Bill with our Proposition and it should be rejected by the Lords or by the King is not our resolution much weakned by it And are we not then in far worse case then before we made it Our resolution for the rejecting of our Proposition will tend to a Justification of all that hath been done against us in this great point of our Liberty Let us then like wise-men conform our desire to our hopes and guide our hopes by probabilities other desires and other hopes are but vain This is my poor opinion in this weighty business Secretary COKES Message 1. May 1628. M r. Speaker I Have a very short message to deliver from his Majesty that shews both his Royal care to be rightly understood of this House and no less care to understand us in the best part and
to shew clearly it shall not be his fault if this be not a happy Parliament His Majesty hath commanded me to desire this House clearly to let him know whether they will rest upon his Royal word and promise made at several times and especially by my Lord Keepers Speech made in his own presence which if they do he doth assure you that it shall be royally and really performed After speaking of himself and the nature of his place under his Majesty he proceeded in these words GIve me leave freely to tell you that I know by experience that by the place I hold under his Majesty if I will discharge the duty of my place and the Oath I have taken to his Majesty I must commit and neither express the cause to the Jaylor nor to the Judges nor to any Councellour in England but to the King himself yet do not think I go without ground fo reason or take this power committed to me to be unlimmitted Yea rather it is to me a charge burthen and danger for if I by this power shall commit the poorest porter if I do it not upon a just cause if it may appear the burthen will fall upon me heavier then the Law can inflict for I shall loose my credit with his Majesty and my place And I beseech you consider whether those that have been in the same place have not committed freely and not any doubt made of it nor any complaint made by the Subject Veneris 2. May 1628. A Report was this day made from the grand Committee for grievances concerning the cause of Nicholas Clegat Cittizen and Vintner of London imprisoned by the Lord Major and Aldermen of the said Citie for refusing to lend a certain summe of money assessed upon him by the Company of Vintners of London whereof he is free towards the proportion of money imposed upon the Company by an Act of Common-Councel of the said Citie in pursuance of a contract of Land with his Majesty By which report it appeared that the said grand Committee had unanimously agreed that the said Citie might make Acts of Councel so as they were consonant to Law and reason and for regulating and deciphering of trade agreeable to reason and the Law of the Realm and might leavy money of the Cittizens by Act of Common-Councel for building or repairing of their Walls Gates or making or cleansing of Sewers or other like causes tending to the general and publick good and welfare of the Citie or towards Triumphs or other like occasions tending to the Honour of the Citie in general but could not by such Act of Common-Councel tax or leavy money towards the purchasing of Lands or other like occasion forreign to the government of the Citie Whereupon it is resolved by the House of Commons super totam materiam that the said Commitment of the said Nicholas Clegat was unlawfull and that a Petition should go from the House to his Majesty for the inlargement of the said Nicholas Clegat his commitment by the Lord Major and Aldermen being since strengthned by special command Henry TOMPSON one of the Shrieffs and Robert HENISVVORTH Alderman of the Citie of YORK their submission for their indirect chusing of S r. Thomas SAVIL Knight I Henry Tompson one of the Shrieffs of the Citie of York do hereby acknowledge to have offended the Lord Major and all the Cominalty of the Citie by the undue pronouncing and return of S r. Thomas Savil Knight to be one of the Cittizens to serve in this Parliament for the said Citie whereas I ought of right to have pronounced and returned in his place M r. Thomas Royle Alderman of the said Citie I am hartily sorry for my said offence and misdemeanour and crave pardon of my Lord Major and all the Cominalty and in particuler of the said Alderman Hoyl for the same I Robert Henisworth Alderman of the Citie of York do acknowledge that I have offended the Lord Major and all the Cominalty of of the said Citie by my undue preparing and practising the election of S r. Thomas Savill Knight to be chosen one of the Cittizens for the said Cittie of York to serve in this present Parliament I am hartily sorry for my said offence and do desire my Lord Major and all the said Cominalty to pardon me for the same Propositions drawn for the defence of this Kingdom and the annoyance of the enemies of the same by Sea THat every Shire in England shall be injoyned on the charge of the Countrey to set forth one Ship well maned and victualled for 7. Moneths and to be of the burthen of 500 300 or 140. Tuns at the least according to the ability of the Shire in the opinion of the State That every Port or Sea-Town according to their abillity be injoyned to do the like London may well furnish 10. Bristol 3. and the rest according to their abillity And such of the Sea-Towns as are not of abillity to set forth Ships of the burthen aforesaid to furnish out Pinnaces of 60 or 80 Tuns for Light-Horsmen or Intelligencers Those Ships will amount to 80. Sail and above and these to be divided into 4. Squadrons adjoyning unto every Squadron one of the Kings Ships for their Admiral The first Squadron to lye off and on the Western Ilands and as â—igh as theiâ— aâ—â—ries for 〈◊〉 men the Caracks and the Plate-Fleet and all other trading that way 〈…〉 The fourth Squadron to keep the Narrow Seas to awe the Dunkerkers to take all the French trade and so Northward and this Squadron to be still relieved with fresh Ships as the other shall grow foul or come to any misfortune so as this Squadron may continually keep the Seas most part of the year That no Master of these Ships be owner or have any part in her that he goeth in Master of for they will be unwilling to bring their Shin in fight or danger and use many tricks and devices especially if there be an ignorant Captain Therefore it is expedient likewise that every Shire should nominate a Captain for the Ship that they furnish out for the avoiding of ignorant and insufficient Captains That in London Pâ—rtsmouth or elsew here where the State shall think fit there be Store-houses appointed for the receipt of such Prizes as shall be taken by any of the 4. Squadrons That every County or Sea-Town that furnisheth the said shipping may nominate and have a Master of their own free election that may have power in the behalf of the Counties and Sea-Towns as the other Officers that shall be appointed for the King for the opening of decks of the Prizes receiving the goods into the said Store-houses and for the divideing and disposing them according That what Prizes any of the 4. Squadrons shall take be brought into one of the Port Towns where those Store-houses are appointed and the benefit of all Prizes what Squadron soever of the 4. sendeth them in be divided the Kings part
have not perswaded us because so to admit it were to overthrow the fabrick and substance of our Petition of Right and to annihilate the Right pretended by us and the Petition it â—elf in effect For these words being added to our Petition viz we humbly present this Petition c. with due regard to leave intire your Sovereign power c. do include manifestly an exception to our Petition and an exception being of the nature of the thing whereunto it is an exception Exceptio est de regula must of necessity destroy the rule or Petition so far as to the Case excepted Exceptio firmat regulam in Casibus non exceptis in Casibus exceptis distruit Regulam Then this construction followeth upon our Petition thus inlarged that after we have Petitioned That no Freeman should be compelled by imprisonment to lend or contribute money to his Majestie without his assent in Parliament nor receive against his will Souldiers into his house or undergo a commission of Martiall Law for life or Member in time of peace We should add except his Majestie be pleased to require our monies and imprison us for not lending and send Souldiers into our houses and execute us by Martiall Law in time of peace by virtue of his Soveraign power Which construction as it followeth necessarily upon this inlargment so it concludeth against our Right in the premisses and utterly frustrateth all our Petition neither may it seem strange if this clause additionall which of it self in quallity of a proposition we confess being added to our Petition which also is true should overthrow the very frame and fabrick of it seeing the Logicians take knowledge of such a Fallacy called by them Fallacia à bene divisis ad male conjuncta Hâ—race the Poet giveth an instance to this purpose in a painter who when he had painted the head of a Man according to Art would then joyn to it the neck of a horse and so marr the one and the other whereas each by it self might have been a peice of right good workmanship The second branch of my Lordkeepers rationall parte was enforced out of the last words of this addition by which his Lordship said that they did not leave intire all Soveraign power but that wherewith his Majestie is trusted for the protection safety and happiness of the people as if his Lordship would infer that Soveraign power wherewith c. in this place to be terminum diminuentem a term of diminution or quallification and in that consideration might induce us to accept it but under his Lordships correction we cannot so interpret it For first we are assured that there is no Sovereign power wherewith his Majestie is trusted either by God or Man but onely that which is for the protection safety and happiness of his people and therefore that limitation can make no impression upon us but we conceive it rather in this place to have the force termini adaugentis to be a term of important advantage against our Petition a term of restriction and that wheresoever his Majesties Soveraign power should be exercised upon us in all or any the particulars mentioned in the Petition we should without further inquiry submit thereunto as assuming and taking it pro concesso it induced to our safety and happiness c. Since therefore as the Petition is now conceived it carrieth the form and face of a picture which representeth to the life the pressures and grievances of the peoples with the easie remedies And therefore we hope that his Majesties casting upon it a gratious eye will compassionate his poor loyall Subjects and afford a comfortable answer I do humbly pray your Lordships not to marr or blemish the grace and face of this picture with this unnecessary addition and unnecessary I prove it to be according to that Rule expressio ejus quod tacitè inest nihil operatur And Soveraign power in Cases where it hath place and ought to be used is alwayes necessarily understood and though not expressed yet supplied by reasonable intendment or by the opinion of all Learned men And therefore as it neither is nor can be by us expresly included especially in this Petition where the addition thereof would make such a confusion of the whole sence and substance The Kings Soveraign power and Prerogative is alwayes able to save it self and if it were not we must without this addition save it to our utmost powers if we will save our Oath and save our selves The true state of the cause thus standing between your Lordships and us the House of Commons doth not a little marvel upon what grounds your Lordships are so earnest to urge upon them this addition to be inserted into their Petition they nothing doubt but that the same proceeded out of a sollicitude and fear which your Lordships have least otherwiâ—e the simple and absolute passage of this Petition might be construed hereafter in prejudice of his Majesties Soveraign power And this your Lordships sollicitude and fear proceedeth from your love as the Poet saith Res est solliciti plena Timoris Amor But I humbly pray your Lordships to examine with us the grounds of this your sollicitude and fear which grounds needs must be laid either upon the words of the Petition or the intention of the Petitioners Upon the words there is no possibility to lay them for therein is no mention of the Soveraign power And were the words doubtfull as thus we pray the like things be not done hereafter under pretext of your Majesties Soveraign power yet in respect of the Protestations preceeding concommitant and subsequent to the Petition such doubtfull words ought reasonably to be interpreted onely of such Soveraign power as was not applyable to the cases wherein it was exercised and of such Soveraign power as should be justly practised But there are no such doubtfull words and therefore it followeth that your Lordships fear and sollicitude must be grounded upon the intention of the Petitioners Now your Lordships well know that the House of Commons is not ignorant that in a Session of Parliament though it continue as many weeks as this hath done dayes yet there is nothing prius posterius but all things are held and taken as done at one time If so what a strange collection was this that at the same time the House of Commons should oblige themselves by a fearfull adjuration to assist and defend all Priviledges and Prerogatives belonging to the King and at the same time by a Petition cautiously conveyed indeavour or intend to divest and deprive the King of some Prerogatives belonging to his Crown If therefore such fear and sollicitude can neither be grounded upon the words of the Petition nor intention of the Petitioners I humbly pray your Lordships to lay them aside as we do believe that the proposition of this addition from your Lordships was not onely excuseable but commendable as proceeding from your love so now having heard
discouragements and want of pay have either run away to the Enemy or betaken themselves to forraign service or to any other Trade rather then to lead a Sea-mans life to the inestimable loss and danger of the Kingdom The Kings Answer to the Remonstrance the 17 of June 1626. Gentlemen UPon my Answer to your Petition of Right I expected no such declaration from you which conteineth divers points of State touching the Church and Common-Wealth And I do conceive you do believe that I understood them better then your selves but since the reading thereof I perceive you understâ—nd these things less then I imagined notwithstanding I will take them into my consideration as they deserve The Kings Speech at the end of the Session June 26. IT may seem strange that I came so suddenly to end this Session therefore before I give any assent to the Bills I will tell you the cause though I must avow that I owe an accompt of my actions to none but to God alone It is known to every one that a while a go the House of Commons gave me a Remonstrance how acceptable every man maâ— judge and for the merrit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truely informed that a second Remonstrance is preparing for me to take away the profit of my Tonnage and Poundage one of the chief maintenances of the Crown by alleadging that I have given away my right thereof by my answer to your Petition This is so prejudiciall to me that I am forced to end this Session some few hours before I meant it being not willing to receive any more Remonstrances to which I must give an harsh answer And since I see to that end the House of Commons beginneth 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 was to trench upon my prerogative saying they had neither intention nor power to hurt it Therefore it must needs be conceived that I have granted no new but confirmed the ancient 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 that those things which have been done whereby many had some cause to suspect the libertie of the Subject to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn in example for your prejudice and in time to come in the word of a King you shall not have 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 never meant I am sure by me 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 in your Petition but especially you my Lords the Judges for to you onely under me belongs the interpretation of Laws for none of the Houses of Parliament either joynt or separate what new doctrine soever may be raised have any power either to make or declare a Law without my consent The Second Remonstrance Most Gratious Soveraign YOur Majesties most Loyall and Dutifull Subjects the Commons in this present Parliament Assembled being in nothing more carefull then of the Honour and prosperity of your Majesty and the Kingdom which they know doth much depend upon your happy Union and relation betwixt your Majestie and your people do with much sorrow apprehend that by reason the incertainty of their continuance together the unexpected interruptions which have been cast upon them and the shortness of time in which your Majestie hath determined to end this Session they cannot bring to maturity and perfection diverse businesses of waight which they have taken into consideration and resolution as most important for the common good Amongst diverse other things they have taken in especial care for preparing a Bill for the granting to your Majestie such a subsedy of Tonnage and Poundage as might uphold your profit and revenew in as ample manner as their just care and respect of Trade wherein not onely the prosperity but even the life of the Kingdom would permit but being a work which will require much time and preparation by conference with your Majesties Officers and with the Merchants not onely of London but also of other remote parts they finde it not possible to be accomplished at this time wherefore considering it will be much more prejudiciall to the right of the Subject if your Majestie should continue to receive the same without Authority of Law after the determination of a Session then if there had been a recess by adjournment onely in which case that intended grant would have related to the first day of the Parliament and assuring themselves your Majesty is resolved to observe that your Royall answer which you have lately made to the Petition of Right of both Houses of Parliament Yet doubting lest your Majesty may be misinformed concerning the particular case as if you might continue to take those subsedies of Tonnage and Poundage and other impositions upon Merchants without breaking that answer they are forced by that dutie which they owe to your Majestie and to those whom they represent to declare that there ought not any imposition to be laid upon the goods of Merchants exported or imported with common consent by Act of Parliament which is the right and inheritance of your Subjects founded not onely upon the most ancient and Original constitution of this Kingdom but often confirmed and declared in divers Statute Laws And for the better manifestation thereof may it please your Majestie to understand that although your Royall predecessors the Kings of this Realm have often had such subsedies and impositions granted unto them upon diverse occasions especially for the guarding of the Seas and safe-guard of Merchants yet the Subjects have been ever carefull to use such cautions and limmitations in those grants as might prevent any claim to be made That such subsedies do proceed from duty not of free gift of the Subject and that they have heretofore used to limmit a time in such grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of cessation and intermission that so the right of the Subject might be more evident At other times it hath been granted upon occasions of War for a certain number of years with proviso that if the War were ended in the mean time then the grant should cease And of course it hath been sequestred into the hands of some Subjects to be imployed for the guarding of the coasts
I. I. TOUCHING BARRONETS Motives to induce the KNIGHTS CITTIZENS and BURGESSES of the Commons House of Parliament to Petition his Majestie for the revokeing and abollishing of the degree of BARRONETS lately erected by his Highnesses Letters patents FIrst because this new degree is offensive to the Nobility of the Realm whose descendants in all reason ought to have prime eminency amongst the Gentry of this Kingdom yet Barronets by these patents are to have precedency before the descendants from the younger children of Barronets Earles Dâ—kes c. And to the order of Knight-hood because that degree brings a personal dignity and springing out of virtue and desert ought to be rancken next and imediately unto Barrony Nevertheless the degree of Barronets is interposed between Barrony and Knight-hood And unto the Gentry of this Kingdom because many of the Barronets and their descendants being meanly descended must have precedency before Gentry of Auncient Family who by this Innovation will be much vilified and of small reckoning in the Common-Wealth And unto the Magistrates of this Kingdom who in respect of their offices and place wherein they serve as also the gravity and wisdom of their Persons in publick services and assemblies have used to have precedence before others but now they must give place unto Barronets and their descendants albeit some of them are and many of them in time to come may be mean in birth poor in state and of small worth and desert And unto the whole Communalty whose descendants by their virtues and good fortunes may hereafter attain unto credit and reputation in the Common-Wealth Inconveniences that will arise to his Majestie and the State by reason of this new institution THere will be always dislike envy and heart-burning between the Gentry of the Kingdom and the Barronets The Honour of Knight-hood which was wont to incourage generous mindes unto high exploits will now come in t contempt for be they of never so good prowess and valour they must by this institution be inferior unto Barronets of small worth Knight-hood hath been held a competent reward for forraign and home imployments and now his Majestie must be driven to search new ways for the recompence and satisfaction of such services Gentlemen of Lively-hood and estimation will refrain his Majesties service in publick Assemblies for the Administration of Justice and otherwise because they scorn to give place unto many of the Barronets whom they account their inferiors The reputation of Knight-hood and antiquity of discent hath in former times much advanced the Gentry so quallified in preferment to marriage who are very much prejudiced by this Hereditary Tittle Great Noble men of this Kingdom have been degraded from thein particular dignity for want of means to support their Honours but these Barronets albeit they shall happen to be of no worth either in estate or desert must have precedence before Knights of greater reputation Nothing is more commended then Honour springing out of virtue and desert but to purchase Honour with money as Barronets have done is a temporall symmony and dishonorable to the States The Communalty of the Kingdom ever since the first institution thereof hath consisted of certain degrees known and legall additions without change or alteration may by way of president alter the whole strain of the Common-Wealth His Majestie by his prerogative Royall Creates Barrons Viscounts Earls and many other degrees of Nobillity as other his Ancestors and Predecessors have done but the creation of this or any other in Communalty is not warranted by any former president usage or custom The Examination of ANDREVV Le BRUN a Frenchman Captain of the MARY of ROCHEL taken before ABRAHAM CELMER Merchant Major of the Burrough of PLIMOUTH 16 May 1628. THe examinate saith that one Sunday being the â—7 of April last past he departed from Pliâ—outh harbor in company with the English Fleet whereof the Earâ— of Denbigh is General and one the first day of May then following the said Fleet arâ—ived and came at Anchor at Charleboy in the rode of Rochell about 4 of the clock in the afternoone where at the said arrâ—uall they found 20 sail of the King of France his ships whereof six were ships of about 300 Tuns and the rest were smaller ships and forthwith the said French ships put themselves to sail and went in nearer to the Fortifications where they also Anchored within two cannoâ— shot of the English Fleet And saith that one of his Majestie shiâ—s shot off one peece of Ordinance and no more and the said French ships as they returned from the English Fleet shot off oftentimes to them and that the same Fleet remained there untill the 8 day of the same month of May in which time there was a Wherry seâ—t from the fleet into Rochell wherein there were two English and one French man 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 one the Walls of the said Town as they have moneths victualls there but they made not any answer thereof Whence it was collected that they had but a small quantity of victualls and said that the said English as he hath heard promised to sink the said French ships when the waters did increase and the winde came at West North-West it being then neap tides and about two days after the water did increase and the windes came accordingly and being then intreated to fight with them yet did not but came away without fighting or releiving the Town and saith that one the 8 day of May the said English Fleet weighed Anchor and set sail to depart and 4 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 one the 10 of this instant and lastly saith that during all the time the English Fleet was there the Town of Rochel shot to the King of France his ships and Fort but chiefly upon the arrival of the said Fleet there Articles wherewith MELVINE is charged 1. MR. Melvine said that the Dukes plot was that the Parliament should be dissolved And that the Duke and the King with a great Army of Horse and Fott would War against the cominalty and that Scotland should assist him so that when War was amongst our selves the Enemy should come in for this Kingdom is already sould to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Iesuites Scotish men and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the
effect instead of relieving the Town we relieve the Enemy 4. If in this attempt part shall get through and the greater part be taken by the Enemies whether the service or dishonour will be greater 5. If in case you think it fit to give the attempt whether you hold it likewise necessary that the Merchant ships should second or follow them and how far you hold it safe for them to go 6. Whether the more to countenance the service you hold it fit for the Kings ships to put themselves under sail being they are to be exposed to shallow water and a narrow Channel and to lye under command of many of the Enemies Forts where by an unlucky accident many of them may be brought on ground and miscarry 7. You are here to deliver your opinions upon your allegiance the rather because the onely service the Kings ships there can do is to cause the Enemies Fleet which rides without to retire further in and whether it will be a means to weaken the Pallizadoes or any way open the passage to your judgments The answer to the Articles propounded by the Lord General and the rest of the Councel of War 1. TO the first we answer that by reaâ—â—â— of the shallowness of the water the ships will not be able to come so near as the Pallizados whereby to make any brâ—ach through for the victuallers 2. To the second we answer that nothing can be done by our forces here to gain any passage to the Town 3. To the third we answer that by reason our forces cannot come so near the Pallizadoes to make any breach then it is not for the victuallers to venter in with their fire-ships so no breach being made the victualler will come into the Enemies hands 4. To the fourth we answer that the dishonour will be greater if there be any loss in that case 5. To the fifth we answer that in regard of their forces both by Sea and Land that no breach can be made as above said our opinion is it will be to no purpose to send any ships in We hold it not sitting to bring his Majesties ships in regard they shall be exposed to shallow water and danger of our Enemies Forts upon the Land which will be an hazard and loss of his Majesties ships To the seventh and the conclusion mentioned in your Lordships Articles we answer that if we should force the ships that lye without the Pallizado on the ground It will rather make the Pallizado more strong than any way to gain any passage through If any man can shâ—w any better reasons than we here alleadge to those Articles we shall be ready and willing to imbrace it and will endeavour our selves so far as our lives THE TRANSACTIONS Of the second SESSIONS IN PARLIAMENT ANNO 1628. THus having finished the first Session of this unhappy Parliament where the seeds were sowen of those discontents which afterwards grew up and lately have been reaped allmoâ—t to the ruine of our Nation Now followeth the Breviary or abstract of the Second Session little different from the former in sad success But we must confess that those two Tracts though joyned in one volume for the perfecting of the History are not the Sons of the same Father proceed not from the observations and collections of the same Authour And as they diffâ—r in the Authour so also in the fashion and quantity thereof the former Seâ—â—ion may be said to be done at length this in figures the former had the maine Masâ— and Bulk this the spirits and infusions of the passages therein Yet as a low man is as much man though not so great a man as one of a higher stature so may I say there is as certain truth in this as in the former relation though tâ—ere be not so much of it I mean it is as faithfully though not so fully reported Indeed the conscientious Reader being a true Englishman may here satisfie himself with the sadness of the transactions as shortly summed up who otherwise might surfet with sorrow if every particular were related in its full dimensions Thus commending both this and the other to the carefull perusing of the judicious Reader I fear not his departing from this Book with an unsatisfied who cometh thereunto with an unprejudiced judgment A true RELATION Of every days proceedings since the beginning of this SESSION and what was spoken by every man Tuesday Ianuary 20. UPon Tuesday being the first day of the Parliament nothing was done but the setting of the Commitees Wensday 21. UPon this day it was ordered that Mr. Selden and others should see if the Petition of Right and his Majesties answer thereunto were inrolled in the Parliament Rolles and the Courts at Wesiminster as his Majestie sent them word the last Session they should be and also in what manner they were entered which was done accordingly and Mr. Selden made report to the house that his Majesties speech made the last day of the Session in the upper House is also entered by his Majesties command Mr. Pym HEreupon Mr. Pym moved that the debate hereof should be deferred till Tuesday next by reason of the fewness of the House Sir Iohn Elliot TO which Sir Iohn Elliot answered this is now raised concerns the honour of the House and the liberty of the Kingdom it is true it deserves to be deferred till there be a full House but it is good to prepare things I finde it is a great point I desire a select Committee may enter into consideration thereof and also how other liberties of the Kingdom be invaded I finde in the country the Petition of Right Printed indeed but with an answer that never gave any satisfaction I desire a Committee may consider thereof and present it to the House and that the Printer be sent for to give satisfaction to the House by what warrant it was printed Which was ordered Mr. Shelden FOr this Petition of Right It is known how lately it hath been violated since our last meeting The liberties for life person and free-hold how they have been invaded and have not some been committed contrary to that Now we knowing these invasions must take notice of it For liberties for state we know of an order made in the Exchequer that a Sheriff was commanded not to execute a replevim and mens goods are taken and must not be restored whereas no man ought to lose life or limb but by the Law hath not one lately lost his ears meaning Savage that was censured in the Star-Chamber by an arbitrary sentence and judgement Next they will take away our Arms and then our lives Let all see we are sencible of these customes creeping upon us let us make a just presentation hereof to his Majesty Norton the King's Printer was brought to the Barr and asked by what warrant the additions to the Petition were printed He answered that there was a warrant as he thought from the King himself And being asked
to his Majesty in answer to two Messages sent by him Tuesday 3. SEcretary Cook reported that himself and the rest of the Committees attended his Majesty upon Munday and he said For my part I have used all diligence to do all the commands of my Master and this House and I find that some exceptions have been taken at some words by me used when I delivered the Bill of Tonnage and Poundage Indeed I used many Arguments in speaking of his Majesty I said it much concerned him and that his Majesty much desired it and I required it in his name which I did not intend but to avoide dispute and I said not this was an ordinary revenue but this Tonnage was the means to inable his Majesty to set his Fleet to sea After this Apology he read his Majesties answer to the Petition of the lower-Lower-House Sir Iohn Elliot Mr. Speaker I confess this hath given great satisfaction for present desires and future hopes and howsoever I find the misinterpretation of some and the danger of Religion yet I find his Majesties ears open and if these things be thus as we see that then he is not rightly counselled I am confident we shall render his Majesty an account of what he expecteth but Sir I apprehend a difference between his Majesties expression and the expression of his Ministers First Sir that Bill was here tendered in his Majesties name and now we find his Majesty disavows it that he did it not What wrong is this done to his Majesty and to this House to press things in his Soveraigns name to the prejudice and distraction of us all I think him not worthy to sit in this House Mr. Speaker THis Honorable person did explain himself that he did not press it in his Majesties name but onely did commend it to your considerations Secretary Cook I Said that in regard of the difference between his Majestie and his Subjects my desire was to accommodate it Sir Humfrey May IF ye be too quick to except against the ministers of his Majestie that serve his Majestie and this House it will discourage and stop our mouthes whose service ye dayly commend At the Committee for Religion Sir Iohn Elliot FOr the way of our proceedings to shew the weight and unitie thereof to all the world we have laid a good foundation I collect out of the particulars about the Article of Lambeth that the difference was in the manner of the use of them but all did profess the truth and worth of them at which unitie in all our hearts we may all rejoyce whereas the enemie abroad gives out that we are at faction amongst our selves whereas all of us took them granted not onely to make use of them to oppose our adversaries but also for the worth of them Let us boldly relie on the ground alreadie laid let us look to them that offended us in this our truth which I hope we shall live and die in if there be cause Are there Arminians for so they are called look to this see what degree they creep let us observe their Books and Sermons let us strike at them and make our charge at them and vindicate our truth that seems yet obscure and if any justifie themselves in their new opinions let us deal with them and then testimonie will be needfull our truth is clear our proofs will be many and if these parties will dare to defend themselves then seek for proof The Remonstrance of the last Parliament was read in part about Arminians and also his Majesties Declaration printed with the book of Articles and the Proclamation against Mountague Wednesday Febr. 4. A Bill preferred that no Clergie-man shall be in Commission for Peace except Bishops Deans Vice-Chancellors of both Universities c. within their severall jurisdictions Doctor Reeves which sat as Judge upon the Conservation of Mr. Mountague called in and examined saith That Objections were offered Ore tenus and after offered in writing but he rejected the same because they had not an advocates hand and upon the whole saith he durst neither admit of any objections for the present nor give time for the same upon pain of premunire by the Statute Doctor Talbot and Doctor Steward are assigned for Councel with Mr. Iones the Printer in his Cause Mr. Selden THe point considerable is not whether Doctor Reeves hath done well or ill for he did but as any discreet man would have done but the point is now whether Mr. Mountague be a lawfull Bishop or no. Neither is the question to be debated whether the exceptions be lawfull or no but being legal of what force they be to hinder the confirmation of the Bishop All which is agreed and Doctor Reeves for the present discharged A Petition is preferred by Thomas Ogle against Doctor Cosens with Articles annexed thereunto tending to the introducing of Popish Doctrine and Popish Ceremonies into the Cathedral Church at Durham Sir Euball Thelwall THere were two affidavits that Cosens should say That the King had no more to do with Religion then his Horse-keeper and that by the appointment of Mr. Attorney these affidavits were taken and he said to the end a Bill in Star-chamber might be filed against him But since Cosens hath his pardon and the King was told it was onely raised by the spleen of some Puritane Mr. Shervile DEsired that search might be made for the pardons There were four pardons under the Great Seal granted to Mountague Sibthorpe Cosens and Manwering it pardons all Treasons Premunires Errors erronious Opinions and all false Doctrines scandalous Speeches or Books and all offences by word and deed all corrupt contracts c. Treason to the person of the King and Witchcraft onely excepted Mr. Rousse HEre are four persons that have made the Common-wealth sick thus by the Phisick you see the Diseases but I conceive there is other physick to be ministered to those rotten Members for questionless this is not to be cured but by cutting off those Members Mr. Kirton MAster Kirton moved that the procurers of these Pardons might be enquired after that it might be seen who gave order to the Signet for the going forth of those Pardons for questionless there are Cosens at Court too Sir Robert Philips IF ever any was abused it was our King in granting those pardons we would save the time of doing any thing if this be not searched to the bottom The goodness of our King is much abused I desire the Attorney may give account by what Warrant he drew these pardons so shall we find out those that misled the King to the heart-grief of us all It is high time to find out all these things A Committee was hereupon named to enquire who have been the Solicitors and Procurers of these pardons Sir Edward Giles I Know not what prevention may happen in these for questionless the devil of hell hath his hand in it Therefore presently let us send for Mr. Attorney Which was Ordered Sir
I may be clearly understood I must needs say they do mistake me wondrously that think I lay this fault equally on all the Lowerâ—House for I know there are many there as dutifull Loyal Subjects as any are in the world I know that it was onely some Vipers among them that did cast this mist of disobedience before their eyes although there were some there that could not be infected with this Contagion insomuch that some by their speaking â—which indeed was the general fault on the last day of the Houseâ— did shew their obedience To conclude my Lords as those ill-affected persons must look for their reward so you that are here of the Higher House may justly claim from me that protection and favour that a good King â—ears to his Loyal and Faithfull Subjects and Nobilitie Now my Lords execute that which I Command you Lord KEEPER MY Lords and Gentlemen of the House of Commons the KINGS Majestie doth Dissolve this Parliament wherefore you have all free leave to depart to your Residences c. His MAIESTIES Letter with Queres concerning Ship-money and the Answer thereunto To Our trustie and welbeloved Sir Iohn Bramston Knight Chief Justices of our Bench Sir Iohn Finch Knight Chief Justice of our Court of Common-pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Judges of Our Courts of Kings Bench Common-pleas and the Barons of our Court of Exchequer CHARLES R. TRustie and welbeloved We greet you well Taking into Our Princely consideration that the Honor and Safetie of this our Realm of England the preservation whereof is onely intrusted to Our care was and is now more dearly concerned than in late former times as well by diverse Counsels and attempts to take from Us the Dominion of the Seas of which We are sole Lord and rightfull Owner or Propriator and the loss whereof would be of greatest danger and peril to this Kingdom and other our Dominions and many other wayes We for the avoiding of these and the like dangers well weighing with Our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for preventing so publick a mischief resolve with Our self to have a Royal Navie provided that might be of force and power with Almightie Gods blessing and assistance to protect and defend this our Realm and our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under Our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales Commanding thereby all Our said Subjects in every Citie Town and Village to provide such a number of Ships well furnished as might serve for this Royal purpose and which might be done with the greatest equallitie that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulness and alacritie which We graciously interpret as a testimonie as well of their dutifull affections to Us and Our service as of the respest they have to the publick which well becometh every good Subject nevertheless finding that some few happily out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased and freed in their particulars how general soever the charge be or ought to be have not yet paid and contributed the several Rates and Assesments that were set upon them foreseeing in our Princely wisdom that from hence diverse Suits and Actions are not unlikely to be commenced and prosecuted in Our several Courts at Westminster We desireous to avoid such inconveniences and out of Our Princely love and affection to all our people being willing to prevent such errors as any of Our loving Subjects may happen to run into have thought fit in a Case of this nature to advise with you Our Iudges who we doubt not are all well studied and informed in the rights of Our Sovereigntie And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Iudgements in the Case as it is set down in the inclosed Paper which will not onely gain time but also be of more Authoritie to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the Second day of Febr. in the Twelfth Year of our Reign 1636. CHARLES R. WHen the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Whether may not the KING by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as he shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the KING the sole Judge both of the danger and when and how the same is to be prevented and avoided CHARLES REX Answer MAy it please Your most excellent Majestie We have according to Your Majesties Command severally every man by himself and all of us together taken into serious consideration the â—ase and Questions signed by your Majestie and inclosed in your Royal Letter and we are of opinion that when the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Your Majestie may by Writ under the Great Seal of England Command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as Your Majestie shall think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law Your Majestie may compel the doing thereof in Case of refusal or refractoriness And we are also of opinion That in such Case Your Majestie is the sole Iudge both of the danger and when and how the same is to be prevented and avoided John Bramston John Finch Humfrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston FINIS
Common-wealth and certainly there never was a time in which this duty was more necessarily required then now I therefore judging of a Parliament to be the antient speediest best way in this time of common Danger to give such supply as to secure our selves and to save our Friends from imminent ruine have called you together Every man must do according to his conscience Wherefore if you which God forbid should not doe your duties in contributing what the State at this time needs I must in discharge of my conscience use those other meanes which God hath put into my hands to save that which the follies of particular men may hazard to loose Take not this as a threatning for I scorn to threaten any but my equals but an admonition from him that both out of nature and dutie have most care of your preservations and prosperities and though I thus speak I hope that your endeavours at this time will be such as shall not onely make me approve your former Counsels but lay on me such obligations as shall binde me by way of thankfulness to meet often for be assured that nothing can be more pleasing to me then to keep a good correspondence with you I will onely adde one thing more and then leave my Lord Keeper to make a short paraphrase upon the Text I have delivered you which is to remember a thing to the end we may forget it You may imagine that I came here with a doubt of success of what I desire remembring the distractions at the last meeting but I assure you that I shall very easily and gladly forget and forgive what is past so that you will at this present time leave the former waies of distractions and follow the counsell late given you to maintain the unity of the Spirit in the bond of Peace The Lord Keeper Coventry's Speech 17. March 1627. My Lords and you the Knights Citizens and Burgesses of the House of Commons IF I had been delighted in long speaking yet the example and commandment of his Majestie hath been more then enough to refraine the super fluitie of that humour but here is yet more For that short and excellent compacted Speech which you have heard from his Majestie begins with a reason It is a time for action and not for speech Examples and Command master the VVill and Reason the Understanding and therefore you may expect nothing from me but brevity You have heard the matter already and I doubt not but with reverence as the weight and authority requires you have imprinted it in your mindes and the matter being known long speeches from me were but babling to beat the aire Yee are here in Parliament by his Majesties writ and royall command to consult and conclude of the weightie and urgent businesse of this Kingdome VVeighty it is and great as great as the honour safety and protection of Religion King and Country and what can be greater Urgent it is It is little pleasure to tell or think how urgent and to tell it with circumstances were a long work I will but touch the summe of it in few words The Pope and House of Austria have long affected the one a Spiritual the other a Temporal Monarchie and to effect their ends to serve each others turn the House of Austria besides the rich and vast Territories of both the Indies and in Africa joined together are become Masters of Spain and Italy and the great country of Germany And although France be not under their subjection yet they have endeavoured all about him the very bowells of the Kingdome swaied by the Popish faction they have gotten such a part and such interest in the Government that under pretence of Religion to root out the Protestants and our Religion they have drawn the King to their adherence so farre that albeit upon his Majesties interposition by his Ambassadours and his engagement of his royall word there was between the King and his Subjects Articles of agreement and the Subjects were quiet whereby his Majestie interessed in that great Treaty was bound to see a true accomplishment yet against that strict alliance that Treaty hath been broken and those of the Religion have been put to all extremity and undoubtedly will be ruinated without present help so as that King is not onely diverted from assisting the common Cause but hath been misled to engage himself in hostile acts against our King or other Princes making way thereby for the House of Austria to the ruine of his own and other Kingdomes Other Potentates that in former times did ballance and interrupt the growing greatnesse of the House of Austria are now removed and diverted The Turk hath made peace with the Emperour and turned himself wholly into warrs with Asia the King of Sweden is embroiled in a warre with Poland which is invented by Spanish practices to keep that King from succouring our part the King of Denmark is chased out of his Kingdome on this and on that side the Sound so as the house of Austria is on the point to command all the Sea-coasts from Dantzick to Emden and all the Rivers falling into the Sea in that great extent so as besides their power by Land they beginne to threaten our part by Sea to the subversion of all our State In the Baltique Sea they are providing and arming all the ships they can build or hire and have at this time their Ambassadours threatning at Lubeck to draw into their service the Hans-Townes whereby taking from us and our neighbours the East-land trade by which our Shipping is supplied they expect without any blow given to make themselves masters of the Sea In those Western parts by the Dunkerkers and by the now French and Spanish Admirall to the ruine of Fishing of infinite consequence both to us and the Low Countries they infest all our coast so as wee passe not safely from port to port And that Fleet which lately assisted the French at the Isle of Ree is now preparing at St. Andrea with other ships built in the coast of Biscai to re-inforce it and a greater Fleet is making ready at Lisbon where besides their own they do serve themselves upon all strangers bottoms coming to that coast for trade And these great preparations are no doubt to assault us in England or Ireland as they shall finde advantage and a place fit for their turn Our friends of the Netherlands besides the feare that justly troubles them lest the whole force of the Emperour may fall down upon them are distracted by their Voyages into the East which hath carried both men and money into another world and almost divided them at home Thus are we even ready on all sides to be swallowed up the Emperour France and Spain being in open warr against us Germany over-run the King of Denmark distressed the King of Sweden diverted and the Low-Countrey men disabled to give us assistance I speak not this to increase fear unworthy of English
a prison then a Kingdome for we were not able to walke abroad These are dangers too many yet have I willingly abridged them for I had rather come to the remedy so should we all which consists only in money plentifully and speedily brought in wisely and judiciously laid out I doubt not but wee are all resolved to give wherefore Mr Speaker let us prepare out selves to give plentifully to satisfie the publick occasions to heave his Majesty out of necessity for necessity is the worst Counseller and I shall be verie sorry that we of all others should be guilty of placing ill Counsell about the King and now to think of sparing when all lies at the stake were the most undoing kind of prodigality Let us give speedily for delaie is the greatest danger of all dangers it will not only loose that which we give but that also which we would give And this I propound not as the Kings businesse but our way wherein every man in this house hath particular interest if his fortune his life his religion be any thing unto him Neither speak I this to divert the great businesse in hand but to hasten it for I love as well Mr Speaker to tread upon English ground as any man here doth The King's Message to the House of Commons by M r Speaker 12 April 1628. HIs Majesty having given timely notice to this House as well of the pressing of the time as of the necessity of supply hath long since expected some fruit of that which was so happily begun but finding an unexpected stop almost beyond all expectation after so good a beginning hath commanded me to tell you that without any further unnecessary delay you proceed with his businesses for however he hath been willing and consenting his affaires and ours should concurre and proceed together yet his meaning was not that one should give interruption to another nor the time to be spunne out upon any pretence upon which the common cause of Christendome doth so much depend He bids us therefore to take heed and force not him to make an unpleasing end of that which hath been so well begun The Petition concerning the billetting of Souldiers 14 April 1628. To the Kings most Excellent Majesty IN all humility complaining shew unto your most excellent Majesty your loyall and dutifull Commons now in Parliament assembled That whereas by the fundamentall Lawes of this your Realme every free-man hath and of right ought to have a full and absolute propriety in his goods and estate and that therefore the billetting and placing of Souldiers in the houses of any such free-man against his will is directly contrarie to the said Lawes under which we and our Ancestours have been so long and happily governed yet in apparent violation of the said ancient and undoubted right of all your Majesties most loyall Subjects of this your Kingdome in generall and to the grievous and insupportable vexation and detriment of many Countreys and persons in particular a new and heretofore almost unheard of way hath been invented and put in practise to lay Souldiers upon them scattered in Companies here and there even in the heart and bowels of this Kingdome and to compell many of your Majesties Subjects to receive and lodge them in their own houses and both themselves and others to contribute towards the maintenance of them to the exceeding great disservice of your Majesty to the generall terrour of all and utter undoing of many of your poor people Insomuch that we cannot sufficiently nor in any sort proportionable to the lively sense that we have of our miserie herein are we able to represent unto your Majesty the innumerable mischiefs and continuall vexations that by this meanes alone we do now suffer whereof we will not presume to trouble your sacred â—ares with particular instances Only most gracious Sovereign we beg leave to offer unto your gracious view and compassionate Consideration a few of them in generall First The service of almighty God is hereby greatly hindred the people in many places not daring to repair to the Churches least the Souldiers in the mean time should rifle their houses 2. The ancient and good government of the Countrey is hereby neglected and contemned 3. Your Officers of Justice in performance of their duties have been resisted and indangered 4. The rents and revenues of your Gentrie greatly and generally diminished Farmers to secure themselves from the Souldiers insolencie being by the clamours and solicitation of their fearfull and injured wives and children inforced to give up their wonted dwellings and to retire themselves into places of more secure habitation 5. Husbandmen that are as it were the hands of the Countrey corrupted by ill example of the Souldiers and incouraged to idle life give over work and rather seek to live idly at another mans charge then by their own labours 6. Tradesmen and Artificers almost discouraged being inforced to leave their trades and to imploy their time in preserving themselves and their families from violence and cruelty 7. Markets unfrequented and our wayes grown so dangerous that your people dare not passe to and fro upon their usuall occasions 8. Frequent robberies assaults batteries burglaries rapes rapines murthers barbarous cruelties and other most abominable vices and outrages are generally complained of from all parts where these Companies have been and had their abode few of which insolencies have been so much as questioned and fewer according to their demerits punished These and many other lamentable effects most dread and dear Sovereign have by this billetting of Souldiers fallen upon your loyall Subjects tending no lesse to the disservice of your Majesty then to their own impoverishing and destruction so that they are thereby exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they heartily desire And yet they are further perplexed with apprehension of more approching dangers one in regard of your Subjects at home and the other from Enemies abroad In both which respects it seems to threaten no small Calamitie For the first the meaner sort of your people being exceeding poor whereof in many places be great multitudes and therefore in times of most settled and constant administration of Justice not easily ruled are most apt upon this occasion to cast off the reines of government and by joyning themselves with these disordred Souldiers are very likely to fall into mutinie and rebellion which in faithfull discharge of our duties we cannot forbear most humblie to present to your high and excellent Wisdome being prest with probable feares that some such mischief will shortly ensue if an effectuall and speedie course be not taken to remove out of the land or else otherwise to disband those unruly Companies For the second we do most humbly beseech your Majesty to take into your Princely consideration that many of these Companies besides their dissolute dispositions and carriages are such as do openly professe themselves to be Papists and
be determined by any legal direction for it must needs be an hard case of contention when the Conquerour must sit down with irreparable losses as in this Case If the Subject prevails he gains Liberty but looseth the benefit of that State-Government by which a Monarchie may soon become an Anarchie or if the State prevails it gives absolute Soveraignty but looseth Subjects not their subjection for obedience we must yield though nothing be left us but prayers and tears but yet looseth the best part of them which is their affections whereby Soveraignty is established and the Crown formerly fixt on his Royal head between two such extreams there is not way to moderate but to finde a medium for the accommodation of the difference which is not for me to prescribe but onely to move your Lordships to whom I submit After M r. Serjeant his speech ended my Lord President said thus to the Gentlemen of the House of Commons That though at this free conference Liberty was given by the Lords to the Kings Councel to speak what they thought fit for his Majesty Yet M r. Serjeant Ashley had no Authority or direction from them to speak in that manner he hath done M r. NOYE his Argument the 16. of April 1628. HE offered an answer to the inconveniences presented by Mr. Attorney which were 4. in Number First where it was objected that it was inconvenent to express the cause for fear of divulging Arcana â—mperii for hereby all may be discovered and abundance of Traitors never brought to Justice To this that Learned Man answered That the Judges by the intention of the Law are the Kings Councel and the secrets may safely be committed to all or some of them who might advise whether they will bayl him and here is no danger to King or subjects for their Oath will not permit them to reveal the secrets of the King nor yet to detain the Subjects long if by Law he be to be bayled Secondly for that Objection of the Children of Odonell he laid this for a ground that the King can do no wrong but in Cases of extream necessity we must yield sometimes for the preservation of the whole State ubi unius damnum utilitate publica rependitus he said there was no trust in the Children of Traitours no wrong done if they did tabe facere or marcesere in Carcere It is the same Case of necessity as when to avoid the burning of a Town we are forced to pull down an honnest mans House or to compell a man to dwell by the Sea-side for defence or fortitude Yet the King cannot do wrong for potentia juris est non injura Ergo the Act of the King though to the wrong of another is by the Law made no wrong as if he commanded to be kept in Prison yet he is responsal for his wrong he quoted a book 42. 6. Ass Port. Thirdly the instance made of Westminster First he said there was a great difference between those 3. Mainprize Bail and Replevin The Statute saith a man cannot be repleiued Ergo not bayled non sequitur Maniprize under pain Bayl body for body no pain ever in Court to be declared Replevin neither by surety not bayl of Replevin never in Court the Statute saith a man cannot be Repleiued Ergo not bayled non sequitur Fourthly where it is said that bayl is ex gratia he answers that if the Prisoner comes to Habeas Corpus then it is not ex gratia Yet the Court may advise but mark the words ad subjiciendum recipiendum prout Curia consideraverit now it is impossible the Judges should do so if no cause be expressed for if they know no cause he may bring the 1. 2. 3. and fourth Habeas Corpus and so infinite till he finde himself a perpetual Prisoner so that no cause expressed is worse for a man then the greatest cause or Villany that can be imagined and thus far proceeded that learned Gentleman M r. GLANVILES Argument HE said that by favour of the House of Commons he had liberty to speak if opportunity were offered he applies his answer to one particuler of M r. Attorney who assigned to the King 4. great trusts 1. of War 2. Coins 3. Denizens 4. Pardons Is assented unto that the King is trusted with all these 4. legal Prerogatives but the Argument followeth not the King is trusted with many Prerogatives Ergo in this non sequitur non est sufficients enumer atiâ— partium he said he could answer these particulars with 2. rules whereof the first should wipe of the first and the second and the other the third and fourth The first rule in this there is no fear of trusting the King with any thing but the fear of ill Councel the King may easily there be trusted where ill Councel doth not ingage both the King and Subjects as it doth in matter of War and Coin If he miscarry in the Wars it is not alwayes pecuum Achiro but he smarts equally with the people If he abase his Coin he looseth more then any of his people Ergo he may safely be trusted with the flowers of the Crown War and Coin The second rule he began was this when the King is trusted to confer grace it is one thing but when he is trusted to infer an injury it is another matter The former power cannot by miscouncelling be brought to prejudice another The latter may if the King pardoneth a guilty Man he punisheth not a good subject if he denizen never â—o many strangers it is but damnum â—ine injuria we allow him a liberty to confer grace but not without cause to infer punishment and indeed he cannot do injury for if he command to do a Man wrong the command is void alter fit Author and the Actor becomes the wrong doer Therefore the King may be safely trusted with War Coin Denizens and Pardons but not with a power to imprison without expression of Cause or limmitation of time because as the Poet tells us Libertas potius auro The Answer of the Judges for matter of Fact upon the HABE AS CORPUS 21. April THe Chief Justice saith they are prepared to obey our Command but they desire to be advised by us whether they being sworn upon penalty of forseiting Body Lands and Goods into the Kings hands to give an account to him may without Warrant do this The Duke said he had acquainted the King with the business and for ought he knoweth he is well content therewith But for better assurance he hath sent his brother of Anglesey to know his pleasure Devonshire saith if a complaint be made by a mean Man against the greatest Officer in this place he is to give an account of his doings to this Honse Bishop of Lincoln saith this motion proceeded from him and so took it for clear that there was an appeal from the Chancery to a higher Court then the Kings-bench and in that Court hath ever
like charge without common consent by Act of Parliament And that none be called to make answer or to take such an Oath or to give attendance or to be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman may man in such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Marriners and that your people may not be so burthened in time to come And that the aforesaid Commissions for proceeding by Martial Law may be revoked annulled and that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid least by colour of them any your Majesties Subjects be destroyed and put to death contrarie to the Laws and Franchises of the Land All which they most humbly pray of your most Excellent Majestie as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majestie would also vouchsafe to declare that the Awards doings and proceedings to the prejudice of your people in any the premises shall not be drawn hereafter into consequence or example And that your Majestie would be pleased gratiously 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 Honour of your Majestie and the prosperity of this Kingdom S r. BENJAMIN RUDDIERDS Speech Mr. Pym I Did not think to have spoken again to this Bill because I was willing to believe that the forwardness of this Committee would have prevented me but now I hold my self bound to speak and to speak in earnest In the first year of the King and the second convention I first moved for the increase and inlarging of poor Ministers liings I shewed how necessarie it was that it had been neglected this was also commended to the House by his Majestie there were as now many accusations on foot against scandalous Ministers I was bolde to tell the House that there were scandalous livings which were much the cause of the other livings of 5. Marks of 5. l. a year that men of worth and of parts would not be musled up to such pittances that there were some places in England which were scarce in Christendom where God was little better known then amongst the Indians I exampled it in the utmost skirts of the North where the prayers of the common people are more like Spells and Charms then devotions the same blindeness and ignorance is in divers parts of Wales which many of that Countrey doth both know and lament I declared also that to plant good Ministers was the strongest and surest means to establish true Religion that it would prevail more against Papistry then the making of new Laws or executing of old that it would counterwork Court Conivence and Luke-warm accommodation that though the calling of Ministers be never so glorious within the outward poverty will bring contempt upon them especially amongst those who measure men by the ounce and weigh them by the pound which indeed is the greatest part of men Mr. Pym I cannot but testifie how being in Germany I was exceedingly scandalized to see the poor stipendarie Ministers of the Reformed Churches there dispised and neglected by reason of their poverty being otherwayes very grave and learned men I am afraid this is a part of the burthen of Germany which ought to be a warning to us I have heard many Objections and difficulties even to impossibilities against this Bill to him that is unwilling to go there is even a Bear or Lion in the way First let us make our selves willing then will the way be easie and safe enough I have observed that we are alwayes very eager and fierce against Papistry against scandalous Ministers and against things which are not so much in our power I should be glad to see that we did delight as well in rewarding as in punishing and in undertaking matters within our own reach as this is absolutely within our power Our own duties are next us other mens further of I do not speak this that I do mislike the destroying or pulling down of that which is ill but then let us be as earnest to plant and build up that which is good in the room of it for why should we be desolate The best and the greatest way to dispell darkness and the deeds thereof is to let in light we say that day breaks but no man can ever hear the noise of it God comes in the still voice let us quickly mend our Candlesticks and we cannot want lights I am afraid this backwardness of ours will give the adversary occasion to say that we chuse our Religion because it is the cheaper of the two that we would willingly serve God with somewhat that cost us naught Believe it M r. Pym he that thinks to save any thing by his Religion but his Soul will be a terible looser in the end we sow so sparingly and that is the reason we reap so sparingly and have no more fruit Me thinks whosoever hates Papistry should by the same rule hate covetousness for that 's Idolatry too I never liked hot professions and cold actions such a heat is rather the heat of a distemper and disease then of life and saving health For scandalous Ministers there is no man shall be more foreward to have them sincerely punnished then I will be when Salt hath lost its savour fit it is to be cast on the unsavory place the dunghill But Sâ— let us deal with them as God hath dealt with us God before he made man he made the World a handsome place for him to dwell in so let us provide them convenient livings and then punish them on Gods name but till then scandalous livings cannot but have scandalous Ministers It shall ever be a rule to me that where the Church and Common-wealth are both of one Religion it is comely and decent that the outward splendor of the Church should hold a proportion and participate with the prosperity of the temporal State for why should we dwell in houses of Cedar and suffer God to dwell in Tin It was a Glorious and Religious work of King Iames and I speak it to his unspeakable Honour and to the praise of that Nation who though that Countrey be not so rich as ours yet are they Richer in their affections to Religion within the space of one year he caused to be planted Churches through all Scotland the Highlands and the Boarders worth 30. l. a year a piece with a house and some gleab belonging to them which 30. l. a year considering the cheapness of the Countrey and the modest fashion of Ministers living there is worth double as much as any where within a 100. miles of London the printed Act
and Commission whereby it may be executed I have here in my hand delivered unto me by a Noble Gentleman of that Nation and a worthy Member of this House Sir Francis Stuart To conclude although Christianity and Religion be established generally throughout this Kingdom yet untill it be planted more particularly I shall scarce think this a Christian Common-wealth seeing it hath been moved and stirred in Parliament it will lye heavy upon Parliaments untill it be effected Let us do something for God here of our own and no doubt God will bless our proceedings in this place the better for ever hereafter And for my own part I will never give over solliciting this cause as long as Parliaments and I shall live together CHARLES REX To our trusty and well-beloved the Lords Spiritual and Temporal of the Higher House of PARLIAMENT WE being desirous of nothing more then the advancement of the good peace and prosperity of our people have given leave to free debates of highest points of our Prerogative Royal which in times of our Predecessors Kings and Queens of this Realm were ever restrained as Matters they would not have disputed and in other things we have been willing fairly to condiscend to the desires of our loving Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies with those Messages which heretofore we have sent to the Commons House will well demonstrate to the World and yet we finde it still insisted on that in no case whatsoever should it never so nearly concern Matters of State and government we nor our privy Councel have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service thereby would be destroyed and defeated and the cause alleadged must be such as may be determined by our Judges of our Courts at Westminster in a Legal and Ordinary way of Justice whereas the cause may be such whereof the Judges have no capacity of Judicature or rules of Law to direct or guide their Judgements in cases of that transcendent nature which hapning so often the very intermitting of the constant rules of government for many ages within this Kingdom practised would soon dissolve the very frame and foundation of our Monarchy wherefore as to our Commons we have made propositions which might equally preserve the just Liberty of the Subject So my Lords we have thought good to let you know that without overthrow of our Soveraignty we cannot suffer this power to be impeached But notwithstanding to clear our conscience and just intentions this we publish that it is not in our hearts nor ever will we extend our royal power lent unto us from God beyond the just rule of moderation in any thing which shall be contrary to our Laws and Customes where the safety of our people shall be our onely aim And we do hereby declare our royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain that neither we nor our privy Councel shall or will at any time hereafter commit or command to Prison or otherwise restrain the Person of any for not lending money unto us or for any other cause which in our conscience doth not concern the State the publick good and safety of us and of our people we will not be drawn to pretend any cause which in our Judgements is not or is not expressed which base thought we hope no man will imagine can fall into our royal breast that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or access of our Judges to us readily and really express the cause of their commitment or restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed That in all causes Criminal of ordinary Jurisdiction our Judges shall proceed to the deliverance and baylment of the Prisoner according to the known and ordinary rules of the Laws of this Land and according to the Statutes of Magna Charta and those other six Statutes insisted upon which we do take knowledge stand in force and which we intend not to abrogate against the true intention thereof Thus we have thought fit to signifie unto you the rather for shortning any long delayes of this question the season of the year so far advanced and our great occasions of State not lending us many dayes for long continuance of this Session of Parliament Given under our Signet at our Pallace of Westminster the 12. of May in the fourth year of our Raign The KINGS Message by the Lord Keeper 21. May 1628. HIs Majestie commanded me to signifie to your Lordships that the business concerning your part presented by the Commons to the Lords concerning the Liberty of the Subject wholly depends upon your Lordships and because his affairs are pressing and that he is very suddenly to take a Journey to Portsmouth As also because his Majesty would have the business put in a good forwardness before his going thither his Majestie desires your Lordships this day to proceed to a resolution whether you will joyn with the House of Commons in the Petition or not M r. MASONS speech concerning the Addition propounded by the Lords to be added to the Petition of Right IN our Petition of Right to the Kings Majestie we mentioned the Laws and Statutes by which it appeared that no Tax Loan or the like ought to be levied by the King but by common assent in Parliament That no Freeman ought to be imprisoned but by the Law of the Land That no Freeman ought to be compelled to suffer Souldiers in his house In the Petition we have expressed the breach of these Laws and desire that we may not suffer the like all which we pray as our Rights and Liberties The Lords have proposed an addition to this Petition in these words We humbly present this Petition to your Majestie not onely with a care of our own Liberties but with a due regard to leave intyre that Soveraign power wherewith your Majesty is intrusted for the protection safety and happiness of your people and whether we shall consent unto this addition is the Subject of this dayes discourse And because my Lord Keeper at the last conference declared their Lordships had taken the words of the Petition apart The word leave in a Petition is of the same nature as saving in a grant or Act of Parliament when a Man grants but part of a thing he saves the rest when he Petitions to be restored but to part he leaveth the rest then in the end of our Petition the word leave will imply that something is to be left of that or at least with a Reveâ—â—â—â—â— to what we desire The word entyre is very considerable a Conquerour is bound by no Law but hath power dare leges his will is a Law and although William the Conquerour at first to make
transcendent and boundless The second reason delivered by their Lordships was that the King is Soveraign That as he is Soveraign he hath power and that that Soveraign power is to left for my part I would leave it so as not to mention it but if it should be expressed to be left in this Petition as it is proposed it must admit something to be left in the King of what we pray or at least admit some Soveraign power in his Majestie in these Priviledges which we claim to be our Right which would frustrate our Petition and destroy our Right as I have formerly shewed The third reason given from this addition was that in the statute Articuli super Chartas there is a saving of the right and seigniory of the Crown To which I give these answers That Magna Charta was confirmed above 30 times and a general saving was in none of these Acts of confirmation but in this onely and I see no cause we should follow one ill and not 30 good Presidents and the rather because that saving produced ill effects that are well known That saving was by Acts of Parliament The conclusion of which Act is that in all those Cases the King did will and all those that were at the making of that Ordinance did intend that the Right and Seigniory of the Crown should be saved By which it appears that the saving was not in the Petition of the Commons but added by the King for in the Petition the Kings will is not expressed In that Act the King did grant and depart with to his people divers Rights belonging to his prerogative as in the first Chapter he granted that the people might choose three Men which might have power to hear and determine complaints made against those that offended in any point of Magna Charta though they were the Kings officers and to fine and ransome them and in the 8. 12. and 19. Chapter of that Statute the King departed with other prerogatives and therefore there might be some reason of the adding of that Soveraign by the Kings Councel But in this Petition we desire nothing of the Kings Prerogative but pray the enjoying of our propper and undoubted Rights and Priviledges and therefore there is no cause to add any words which may imply a saving of that which concerns not the matter in the Petition The 4. reason given by their Lordships was that by the mouth of our Speaker we have this Parliament declared that it was far from our intention to incroach upon his Majesties Prerogative and that therefore it could not prejudice us to mention the same resolution in an addition to this Petition To which I answer that that declaration was a general answer to a Message from his Majestie to us by which his Majestie expressed that he would not have his Prerogative streitned by any new explanation of Magna Charta or the rest of the Statutes and therefore that expression of our Speakers was then propper to make it have reference to this Petition there being nothing therein conteined but particuler Rights of the Subject and nothing at all concerning his Majesties Prerogative Secondly that answer was to give his Majectie satisfaction of all our proceedings in general and no man can assign any particuler in which we have broken it and this Petition justifies it self that in it we have not offended against the protestation and I know no reason but that this declaration should be added to all our Laws we shall agree on this Parliament as well as to this Petition The last reason given was that we have varied in our Petition from the words of Magna Charta and therefore it was well necessary that a saving should be added to the Petition I answer that in the Statute 5. E. 3. 25. E. 3. 28. E. 3. and other Statutes with which Magna Charta is confirmed the words of the Statute of explanation differ from the words of Magna Charta it self the words of some of the Statutes of explanation being that no man ought to be apprehended unless by indictment or due process of Law the other statutes differing from the words of Magna Charta in many other particulars and yet there is no saving in those Statutes much less should there be any in a Petition of Right these are the answers I have conceived to the reasons of their Lordships and the exposition I apprehend must be made of the proposed words being added to our Petition And therefore I conclude that in my opinion we may not consent to this addition which I submit to better Judgements The Reasons of the Commons House delivered by M r. GLANUILE why they cannot admit of the Propositions tendered unto them by the Lords May it please your Lordships I Am commanded by the House of Commons to deliver unto your Lordships their reasons why they cannot admit of the Proposition tendered unto them by you but for an introduction into the busines please you to remember that a Petition of Right was shewed to your Lordships wherein we desired you would joyn with us a Petition my Lords fitting for these times grounded upon Law and seeking no more then the Subjects just Liberty The Petition consisted of 4. parts The first touching Loan Aids and Taxes The second touching imprisonment of mens Persons The third touching Billeting of souldiers The fourth touching Commissions issued for Martial Law and put in execution upon several Persons Groaning under the burthen of these we desired remedy and wish your Lordships would joyn with us which you having taken into consideration we must confess have dealt nobly and freely with us not to conclude any thing till you hear our just reasons for which we thank your Lordships and hope your Lordships will value those reasons which we shall now offer unto your Lordships The work of this day will make a happy issue if your Lordships please to relinquish this as we formerly upoâ— conference with your Lordships have done some other things For the Proposition my Lords we have debated it throughly in our House and I am commanded to deliver unto you the reasons why we cannot infert this clause Neither your Lordships nor we desire to debate Liberty beyond the due bounds or to incroach upon the Kings Prerogative and lessen the bounds thereof The first reason I am to lay down is touching Soveraign power which I beseech you not to accept as my own being but a weak Member of that strong body but as the reasons of the whole House upon great and grave considerations First my Lords the words Soveraign power hath either reference or no reference to the Petition if no reference then superfluous if a reference then dangerous and operative upon the Petition and we think your Lordships purposes is not to offer unto us any thing that may be vain or to the hinderance of any thing wherein you have already joyned with us The Petition declareth the Right of the Subject which
his Majesty to hazard an end of such unspeakable consequence upon the admittance of this addition into our Petition whereof as we have shewed the omission at this time can by no means harm the Kings Prerogative the expression may produce manifold inconveniences and therefore since the admittance of your Lordships addition into our Petition is incoherent and incompatible with the body of the same since there is no necessary use of it for the saving of the Kings rerogative since the moderation of our Petition deserveth your Lordships cheerfull conjunction with us since this addition is unseasonable for the time and inconvenient in respect of the place where your Lordships would have it inserted and lastly may prove a disservice to his Majesty I conclude with a most affectionate prayer to your Lordships to joyn with the House of Commons in presenting this Petition unto his sacred Majesty as it is without this addition The KINGS speech in the Higher House at the meeting of both Houses 2. June 1628. Gentlemen I Am come hither to perform my duty and I think no man will think it long since I have not taken so many dayes in answering of the Petition as you have spent weeks in framing it and I am come hither to shew you that as well in formall things as in essential I desire to give you as much content as in me lies The Lord KEEPER in explanation of the same MY Lords and you the Knights Cittizens 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 how to settle your own Liberty you have generally professed in both Houses that you have no intention for to lessen or diminish his Majesties Prerogative wherein as you have cleared your own intentions so his Majesty now comes to clear his and to strike a firm league with his people which is ever decreed 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 strength to his Majesties Prerogative and his Prerogative a defence to your Liberties In this his Majesty doubts not but both you and he shall take a mutual comfort hereafter and for his part he is resolved to give an example in so using of his power as hereafter you shall have no cause to complain This is the summe of that which I am to say to you Here read your own Petition and his Majesties gracious answer The KINGS answer to the Petition of Right 2. June by the Lord KEEPER THe King willeth that Right be done according to the Laws and Customes of the Realm and that the Statutes be put in due execution that the Subject may have no cause to complain of any wrong or oppression contrary to their just Rights and Liberties to the preservation whereof he holds himself in conscience as well obliged as of his Prerogative Sir JOHN ELLIOTS Speech 3. June Mr. Speaker WE sit here as the great Councel of the King and in that capacitie it is our duty to take into consideration the State and affairs of the Kingdom and where there is occasion to give them in a true representation by way of council and advice with what we conceive necessary or expedient for them In this consideration I confess many a sadd thought hath affrighted me and that not onely in respect of our dangers from abroad which yet I know are great as they have been often in this place prest and dilated to us but in respect of our disorders here at home we do inforce those dangers and by which they are occasioned For I believe I shall make clear unto you that I oth at first the cause of these dangers were disorders and our disorders now are yet our greatest dangers and not so much the potency of our enemies as the weakness of our selves do threaten us and that saying of the Father may be assumed by us Non tam potentia sua quam negligentia nostra Our want of true devotion to heaven our insincerity and doubling in Religion our want of Councels our precipitate actions the sufficiency or unfaithfulness of our Generals abroad the corruptions of our Ministers at home the impoverishing of the Soveraign the oppression and depression the exhausting of our treasures waste of our provisions Consumption of our Ships destruction of Men This makes the advantage to our enemies not the reputation of their Arms. And if in these there be not reformation we need no Foes abroad time it self will ruine us To shew this more fully as I believe you will all hold it necessary that there seem not an aspertion on the State or imputation on the Government as I have known such mentions misinterpreted which far it is from me to propose that have none but clear thoughts of the Excellency of his Majestie nor can have other ends but the advancement of his glory I shall desire a little of your patience extraordinarily to open the particulars which I shall do with what brevity I may answerable to the importance of the cause and the necessity now upon us yet with such respect and observation to the time as I hope it shall not be troublesome For the first then our insincerity and dubling in Religon the greatest and most dangerous disordor of all others which hath never been unpunished and of which we have so many strong examples of all States and in all times to awe us What testimony doth it want will you have Authority os bookes look on the collection of the Committee for Religion there is too clear an evidence will you have Recors see then the Commission procured for composition with the Papists in the North Mark the proceedings thereupon you will finde them to little less amounting then a tolleration in effect thought upon some slight payments and the easiness in them will likewise shew the favour that 's intended Will you have proofs of men witness the hopes witness the presumptions witness the reports of all the Papists generally observe the dispositions of Commanders the trust of Officers the confidence of secrecies of imployments in this Kingdom in Ireland and elsewhere they all will shew it hath too great a certainty and unto this add but the incontrolable evidence of that all-powerfull hand which we have felt so sorely that gave it full assurance for as the Heavens oppose themselves to us for our impiety so it is we that first oppose the Heavens For the second our want of Councels that great disorder in State with which there cannot be stability if effects may shew their causes as they are after a perfect demonstration of them our misfortunes our disasters serve to prove it and the consequence they draw with them If reason be allowed in this dark age the judgment of dependencies and foresight of contingencies in affairs confirm it For if we view our selves
as you know almost the whole World in league against us nor will I mention of the leaving of the Wines the leaving of the Salt which were in our possession of a value as they said to answer much of our expence nor that wonder which no Alexander or Caesar ever did the inriching of the Enemy by courtesies when the Souldiers wanted help nor the private intercourses and Parlies with the Fort which continually were held what they intended may be read in the success and upon due examination thereof they would not want their proofs For the last Voyage to Rochell there needs no observations it is so fresh in memory Nor will I make an inference or Corolory and all your own knowledge shall judge what truth or what sufficiency they expressed For the next the ignorance and corruption of our Ministers where can you miss of instances if you survey the Court if you survey the Countrey if the Church if the Cittie be examined if you observe the Bar if the Bench if the Courts if the shipping if the Land if the Seas All these will render you variety of proofs and in such measure and proportion as shews the greatness of our sickness that if it have not some speedy remedy our case is most desperate M r. Speaker I fear I have been too long in these particulers that are past and am unwilling to offend you therefore in the rest I shall be shorter and in that which concerns the impoverishing of the King no other arguments will I use then such as all men grant The Exchequer you know is empty the Reputation thereof gone the ancient Lands are sold the Jewels pawned the Plate ingaged the Debt still great almost all charges both ordinary and extraordinary born by Projects What poverty can be greater what necessity so great what perfect English heart is not almost dissolved into sorrow for the truth for the oppression of the Subject which as I remember is the next particuler I proposed It needs no demonstration the whole Kingdom is a proof and for the exhausting of our treasures that oppression speaks it what waste of our provisions what consumption of our ships what destruction of our men have been witness that Journey to Argiers Withness that with Mansfield Witness that to Cales Witness the next Witness that to Rees Witness the last I pray God we may never have more such witnessess Witness likewise the Pallatinate Witness Denmark Witness the Turks Witness the Dunkerkers Witness all what losses we have sustained how we are impaired in Munition in Ships in Men. It hath no contradiction we were never so much weakned nor had less hope how to be restored These M r. Speaker are our dangers these are they do threaten us and those are like that Troiane horse brought in cunningly to surprize us in these do lurk the strongest of our Enemies ready to issue on us and if we do not now the more speedily expell them these are the sign the invitation to others These will prepare their entrance that we shall have no means left of refuge or defence for if we have these Enemies at home how can we strive with those that are abroad If we be free from these no other can impeach us our antient English virtue that old Sparton valour cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficency of Generals Incorruption of Officers opulency in the King Liberty in the People repletion in Treasures restitution of Provisions reparation of Ships preservation of Men. Our Antient English virtue thus rectefied I say will secure us and unless there be a speedy reformation in these I know not what hopes or expectations we may have These things Sir I shall desire to have taken into consideration That as we are the great Councel of the Kingdom and have the apprehension of these dangers we may truely represent them unto the King wherein I conceive we are bound by a treble Obligation of duty unto God of duty to his Majesty and of duty to our Countrey And therefore I wish it may so stand with the wisdom and Judgement of the House that they may be drawn into the body of a Remonstrance and therein all humbly expressed with a prayer unto his Majesty for the safety of himself and for the safetie of the Kingdom and for the safety of Religion That he will be pleased to give us time to make perfect inquisition thereof or to take them into his own wisdom and there give them such timely reformation as the necessity of the cause and his Justice doth import And thus S r. with a large affection and Loyalty to his Majesty and with a firm duty and service to my Countrey I have suddenly and it may be with some disorder expressed the weak apprehension I have wherein if I have erred I humbly crave your Pardon and so submit to the censure of the House A Report from the COMMITTEE for Trade 4. June 1628. IN all other parts of Christendom there is great care with much cost to raise Forts and walled Towns onely for defence in time of War and great charge to make Engines and Weapons to offend the Enemy of little or no use in time of Peace Whereas in England the Rampires and Bulwarks and Ships and those also for offence of the Enemy our best Weapons are Engines And this also in time of Peace best instruments of our Wealth even as usefull as the Plough or Cart. But our shipping and our strength of Marriners within these three years is much decayed in general But the decay of Trade through disturbance of the Merchant by new Impositions and troubles for want of a certain and well established book of Rate and Bill of Tonnage and Poundage used heretofore to be given for guarding of the Seas By reason that the Seas are not guarded so That our Coasts are infested Our Fishermen driven from their Trade And all our Coasting smaller shipping so disturbed or taken that in all parts of the Kingdom Sea-faring men give over and the Seas are forsaken More particularly THat of our shipping of countenance of 100. Tuns or upwards in the last three years there have been decayed cast away and taken by the Enemy between Dover and New-Castle 248. great ships and with them proportionable number of Marriners besides great and inestimable losses in less Vessels The causes whereof are diverse disorders in the late mannaging of Sea Affairs before the imployment of Ships and Men in his Majesties service FIâ—st By pressing and taking up Merchants ships laden and bound out upon Voyages Secondly By too frequent and general imbarques of shipping Thirdly By taking out of ships unseasonably and and unreasonable numbers their best men so forcing them ill Mann'd to Winter Voyages c. Fourthly By giving too little allowance of Wages and 2. shill. per Tun for Fraight of ships so taken being but half that which Marchants allow
himself thus RIght wise Right worthy how many instigations importune the sequel of my words 1. The equity of your proceedings 2. The honnesty of my request for I behold all your intendments grounded upon discretion and goodness and your constitutions steered as well by charity as the extreamity of Justice This order I say and method of your proceedings together with the opportunity offered of the subject in hand have imboldned me to sollicit for an extention of the late granted Protections in general The Lawfulness and honnesty of the Proposition depends upon these particulers 1. The present troubles of the parties protected having run themselves into further and almost irrecoverable hazard by presuming upon and feeding themselves with the hopes of a long continuing Parliament let the second be this consequence That which is prejudicial to the most ought to administer matter of advantage to the rest Sith then our interpellations and disturbations amongst our selves are unpleasing to all most all if any benefit may be collected let it fall upon these for I think the breach of our Sessions can befriend none but such nor such neither but by means of this grant before hand And because it is profitable that his Majesty may cause a remeeting the next Michalmass let thither also reach there prescribed time for Liberty and that till then there protections shall remain in as full virtue and Authority as if the Parliament were actually sitting This Speech at the first bred some diâ—â—aste but afterwards seriously weighing the premises they easily and at last generally condiscended and so it is this day preferred to the Higher House The KINGS Message to the Lower House by S r. HUMFREY MAY 10. of June 1628. HIs Majesty is well pleased that your return of Right and his answer be not onely recorded in both Houses of Parliament but also in all the Courts of Westminster And that his pleasure is it be put in print for his Honour and the content and satisfaction of his people and that you proceed cheerfully to settle businesses for the good and reformation of the Common-wealth Eeight particulars all voted in the House of Commons II. June 1628. THe excessive power of the Duke of Buckingham and the abuse thereof is the chief and principal Cause of all the mischiefs that have happened to the King and Kingdom 1. Innovation of Religion 2. Innovation of Government 3. Disasters of designs abroad 4. Not guarding of the Narrow Seas 5. Not guarding the Forts 6. The decay of Trade 7. The decay of Shipping 8. The want of Munition The first Remonstrance Most dread Soveraign AS with all Humble thankfulness we your dutifull Commons now in Parliament Assembled do acknowledge the great comfort we have had in the assurance of your Majesties pious and gracious disposition So we think it our most necessary duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth And findeing them at this time in apparent danger of ruine and destruction faithfully and dutifully to enform your Majestie thereof and with bleeding hearts and bended knees to crave such speedy redress therein as to your own wisdom unto which we humbly submit our selves and our desires shall seem most meet and convenient what the multitude and potency of your Majesties Enemies are abroad what be their malitious 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 Kingdoms and the calamity which hath already fallen and doth dayly increase upon your Friends and Allies of which we are all well assured your Majesty is most sensible and will accordingly in your own great wisdom and with the gravest and most mature Councel according to the exigency of the times and occasions provide by all means 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 Kingdom of late so strangely weakned impoverished dishonoured and dejected That unless through your Majesties most gracious wisdom goodness and Justice 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 discovery of which dangers mischiefs and inconveniences lying upon us we do freely protest that it is far from our thoughts to lay the least aspercion upon your Majesties sacred Person or the least scandal upon your Government for we do in all sincerity and with all joyfulness of heart not onely for our selves but in the name of the whole Commons of England whom we represent ascribe as much honour to your Majesty and acknowledge as much duty as a most loyal and affectionate people can do unto the best King for so you are and so you have been pleased abundantly to express your self this present Parliament by your Majesties clear and satisfactory answer to our Petition of Right for which both we our selves and our posterities shall bless God for you and ever preserve a thankfull memory of your great goodness and Justice therein and we do verily believe that all or most of those things which we shall now present unto your Majesty are either unknown unto your Majesty or else by some of your Majesties Ministers offered under such specious pretences as may hide their own bad intentions ill consequence of them from your Majesty But we assure our selves that according to the good example of your most noble Predecessors nothing can make your Majesty being a Wise and Judicious 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 you may be truely informed of the State of all the several parts of your Kingdom and how your Officers and Ministers do behave themselves in discharge of the trust reposed in them by your Majesty which is scarce possible 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 unfaithfulness and breach of duty to his Majesty and of the trust committed to them by their Countrey that could be if in setting forth the grievances of the people and the condition of all the parts of this Kingdom from whence they came they did not deal clearly with him without sparing any how near and deer soever they were unto him if they were hurtfull or dangerous to the Common-wealth In confidence therefore of your Majesties gracious acceptation in a matter of so high importance and in faithfull discharge of our dâ—ties we do first of all most humbly beseech your Majesty to take notice
that howsoever we know your Majesty doth with your Soul abhoâ— that any such thing should be imagined or attempted yet there is â— general fear conceived in your people of some secret working and combination to introduce into this your Kingdom innovacion and change of our holy Religion more precious to us then our lives and what ever this World can affoard 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 wholsom Laws and provisions made to prevent the increase of Popery within this Kingdom and notwithstanding your Majesties gracious and satisfactorie answer to the Petition of both Houses in that behalf presented unto your Majestie at Oxford we finde there hath followed no good execution or effect but on the contrary at which your Majestie out of the quick sence of your own Religious heart cannot but be in the highest measure displeased those of that Religion do finde extraordinarie favours and respects in Court from Persons of great quality and power there unto whom they continually resort and in particuler to the Countess 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 aforesaid Petition of Oxford should not have been permitted nor that any of your Majesties Subjects of that Religion or justly to be suspected should be entertained in the service of your Majesty or of 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 terrour into the hearts of your Loyal Subjects concerning this point is That Letters of stay of Legal proceedings against them have been procured from your Majesty by what indirect means we know not and Commissions under the great Seal granted and executed for compositions 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 less then a toleration odious to God full of dishonour and extream disprofit to your Majestie of great scandal and grief to your good people and of apparent danger to the present estate of your Majestie and of this Kingdom their numbers power and insolencies dayly increasing in all parts of your Kingdom and in special about London and the Suburbs thereof where exceeding many families of them do make their aboad and publickly frequent Mass at Denmark House and other places and by their often meetings and conferences have opportunities of combining their counsels and strength together to the hazard of your Majesties safety and the State and especially in these doubtfull and calamitous times And as our fear concerning change or subversion of Religion is grounded upon the dayly increase of Papists the open and professed enemies thereof for the reasons formerly mentioned so are the hearts of your good Subjects no less perplexed when with sorrow they behold a dayly growth and spreading of the faction of the Arminians that being as your Majestie well knows but a cunning way to bring in Popery and the professors of those opinions the common disturbers of the Protestant Churches and Incendiaries in those States wherein they have gotten any head being Protestants in shew but Jesuits in opinion and practise which caused your royall Father with so much pious wisedom and ardent zeal to endeavour the suppressing of them as well at home as in the neighbour Countries And your gratious Majestie imitating his most worthy example hath openly and by your proclamation declared your mislike of those persons and of their opinions who notwithstanding are much favoured and advanced not wanting friends even of the Clergy near to your Majestie namely Doctor Neal Bishop of Winchester and Doctor Lawd Bishop of Bath and Wells who are justly suspected to be unsound in their opinions that way And it being now generally held the way to preferment and promotion in the Church many Scholars do bend the course of their studies to maintain those Errors Their books and opinions are suffered to be printed and published and on the otherside the impression of such as are written against them and in defence of the Orthodoxall Religion is hindered and prohibited And which is a boldness almost incredible this restraint of Orthodox books is made under colour of your Majesties formerly mentioned proclamation the intent and meaning whereof we know was quite contrary And further to increase our fears concerning Innovation in Religion we finde that there hath been no small labouring to remove that which is the most powerfull means to strengthen and increase our own Religion and to oppose both these which is the diligent teaching and instructing the people in the true knowledge and worship of Almighty God and therefore means have been sought out to depress and discountenance pious painfull and Orthodox preachers and how conformable soever and peacefull in their disposition and carriage they be yet the preferment of such is opposed and insteed of being incourraged they are molested by vexatious courses and pursuites and hardly permitted to lecture even in those places where are no constant preaching Ministers whereby many of your good people whose souls in this case we beseech your Majestie to comiserate are kept in ignorance and are apt to be easily seduced to error and superstition It doth not a little also increase our dangers and fears this way to understand the miserable condition of your Kingdom of Ireland where without controul the Popish Religion is openly professed and practised in every part thereof Popish Jurisdiction being there generally exercised and avowed Monastries Numeries and other superstitious houses newly erected redified and replenished with men and women of several orders and in a plentifull manner maintained in Dublin and most of the great Towns and divers other places of the Kingdom which of what ill consequence it may prove if not seasonably exprest we leave to your Majesties wisedom to judge But most humblie beseech you as we assure our selves you will to lay the serious consideration thereof to your royal and pious â—eart and that some timelie course may be taked for redress therein And now if to all these your Majestie will be pleased to add the consideration of the circumstance of time wherein these courses tending to the destruction of true Religion within these your Kingdoms have been taken here even then when the same is with open force and violence prosecuted in other countries and all the reformed Churches of Christendom either depressed or miserably diâ—tressed we humblie appeal unto your Majesties Princely Judgment whether there be not just ground of fear that there is some secret and strong cooperating here with the enemies of our Religion abroad for the utter extirpation thereof And whether of these
in the Tower the present warrants being served but nine last and forty pound in all which we tremble to think of And that notwithdanding this extream scarcitie of powder great quatities have been permitted to be sould out of your Majesties store to particular persons for private gain whereof we have seen a certificate of fortie six last sould since the fourteenth of Ianuary last And your Majesties store being unfurnished of powder which by a contract made with Mr. Evelin by the advise of the Lords in Parliament ought to be supplied monthly with twentie last at the rate of 3 l. 10. s. 10. d. the barrel Your Majestie hath been forced to pay above 7. l. a barrel for powder to be brought from beyond the Seas for which purpose 12400. l. hath been imprest to Mr. Burlamacho the last year and that powder not so good as that which by contract your Majestie should have of your own by one third part All which are most fearfull and dangerous abuses But what the poverty weakness and miserie your Kingdom is now grown unto by decay of trade by destruction and loss of ships and Marriners within these three last years we are almost afraid to declare And could we have been assured that your Majesty should any other way have had a true information thereof we should have been doubtfull to have made our weakness and extreamity of misfortune in this kinde to appear But the importunate and most pittifull complaints from all the parts of your Kingdom near adjoyning to the sea in this kinde would rend we think the strongest heart in the world with sorrow And the sence we have of the miserable condition your Kingdoms is in by reason thereof especially for that we see no present possible means being now shortly to end this session how to help the same adds such a weight of grief unto our sadd thoughts as we have no words to express it But for your Majesties more exact reformation herein we beseech you be pleased to peruse the Kallandar of particulars which with this our Remonstrance we most humbly present unto your Majestie One reason amongst many others of this decay of trade and loss of ships Marriners is the not guarding seas the Regalitie whereof your Majesty hath now in a manner wholly lost and that wherein a principal part of the honour and safetie of this Kingdom heretofore consisted in having the absolute command of the seas is now so neglected that the Town of Dunkerk doth so continuallie beat robb and spoil your Subjects that we can assure your Majestie if some present and effectual remedie be not forthwith provided the whole trade of this Kingdom the shipping and Marriners belonging thereunto will be utterly lost and consumed The principal cause of these 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 it to your Majesties Excellent wisdom whether it can be either safe for your self or your Kingdom that so great power as rests in him both 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 any one man to mannage so many and so weightie affairs of the Kingdom as he hath undertaken besides the ordinary duties of those great offices which he holds some of which well performed would require the time and industrie of the ablest man both for Councel and action that your whole Kingdom could afford especially in these times of common danger And our humble desire further is that your most Excellent Majestie would be pleased to take it into your Princely consideration whether in respect the same Duke hath so abused his power it be safe for your Majestie and your Kingdoms to continue him either in his great offices of trust or in his place of nearness and Councel about your sacred person And thus in all humility aiming at nothing but the honour of Almightie God the maintenance of his true Religion the safetie and happiness of your most Excellent Majestie and the preservation and prosperitie of this Church and Common-Wealth we have endeavoured with faithfull hearts and intentions and in discharge of the dutie we owe to your Majestie and our Countrey to give your Majestie a true representation of our present dangers and pressing calamities which we humbly beseech your Majestie gratiously to accept and to take the same to heart accompting the safety and prosperity of your people your greatest happiness and their love your richest treasure A rufull and lamentable spectacle we confess it must needs be to behold these ruines in so fair a house so many-diseases and almost every one of them deadly in so strong and well tempered a bodie as this Kingdom latelie was yet we will not doubt but that God hath reserved this honour for your Majestie to restore the safety and happiness thereof again as a work worthy so Excellent a Prince For whose long life and true felicity we dayly pray and that your fame and never dying glory may be continued to all succeeding generations A Kallender or Schedule of the shipping of this Kingdom which have been taken by the enemy and lost at sea within the space of three years last past Taken by the Enemy Ships of the burthen of 100. Tun and upwards belonging to London Ipswich Newcastle Hull Yarmouth Aldbâ—â—ough The ships 77 and furniture vallued at 62000. l. Cast away Ships of the same burthen belonging to the same places 133 The ships and furniture vallued at 100000. l. Taken and cast away Ships of the like burthen belonging to Lynne Bristol Dartmouth Portsmouth Southampton Waymouth Exceter Shoram Harwich Dâ—ver Woodbridge Sandwich 50 The ships and furniture vallued at 35000. l. Some 260 ships vallued at 197000. l. Taken by the Enemy Ships of 100 Tonne belonging to London Newcastle Hull Boston Yarmouth Lynne Aldborough Dover The County of Suffex Pool Southampton Weymouth Exceter Dartmouth Bristol Iersey Scarbrâ—ugh Soul and Dunwich 130 The vallued not certified Touching the Ports and Towns of Portsmouth Westchester Milfordhaven Bridgwater Bastable Faymouth Foy Lynne Regis Isle of Whight Colchester Iersey Low Whitby Bridlington Blackney Wels. Orford Brightling-sea Rochester and divers other small Ports great losses whereof no particular is given The goods and Merchandizes lost in the shipping aforesaid and in Flemish bottoms fraighted by English Merchants to be imported into this Kingdom are of exceeding great vallue the certainty whereof cannot now be expressed Onely one company of Merchants Trading to the Eastwards from London Ipswich Hull and New-castle in half this space of time have lost one hundred thousand pounds taken by the Enemy A Great Number of Marriners also proportionable to this loss of shipping have been taken and destroyed by the Enemy and cast away through disorderly pressing and forcing upon Winter voyages besides many more by reason of their
whether there were not some Copies printed without additions he answered there were some but they were suppressed by some warrant Sir Iohn Elliot DEsired some clearer satisfaction might be made and that he might answer directly by what warrant Whereupon he was called in again who said he did not remember the particular but sure he was there was a warrant Tuesday 22. ONe Mr. Roules a Merchant and a Member of the House informed the House that his goods were seized by the Customers for refusing to pay Custome by them demanded although he told them he would pay what was adjudged by Law Whereupon Sir Robert Phillips spake as followeth Sir Robert Phillips BY this information you see the unfortunateness of the times and how full time it was that this Assembly should meet to serve his Majesty and to preserve our selves and I am confident we come hither with fullness of both and all shall conduce to a happy conclusion and to the King's honour and our own safety Great and weighty things wound deep Cast your eyes which way you please and you shall see violations on all sides look at the liberty of the subject look on the priviledge of this House let any say if ever he saw the like violation by inferiour Ministers that over-do their command nay they say if all the Parliament were in you this would we do and justifie If we suffer the liberty of this House to wither out of fear or complemeâ—â— we give a wound to the happiness of this Kingdom Here the course of justice was interrupted and order in the Exchequer was made for stay of the goods since here is a seizure upon the approach of Parliament of goods amounting to 5000. l. for a pretended duty of 200 l. In the sight of King Iames by reason of the sickness that then was the Parliament was prorogued and then there was some boldness to take this Tonnage and Poundage for there was no right to demaund it Let us proceed with affection of duty to make up breaches let a Committee consider of these proceedings Mr. Littleton HEre Mr. Littleton made a short speech to second him and all to the same purpose but for brevity sake I omit it M. Littleton we have had good admonitions and have followed them we have moderation preached unto us in Parliament and we follow I would others did the like out of Parliament Let the parties be sent for that violated the liberties of the Parliament and have their doom This Speech was occasioned by Setretary Cook who in his Speech desired moderation might be used Sir Iohn Elliot I See by this Relation what cause we have to be tender of the liberty of the Kingdom and this House and yet withall to return that moderation as to give satisfaction to the world that our hearts are fixed to serve his Majesty and to free us from ofter of jealousie 3 Things are involved in this complaint First the Right of particular Gentlemen Secondly the Right of the Subject Thirdly the Right and priviledge of this House Let the Committee consider of the 2 former but for the violation of the liberty of this House let us not do less then our fathers Was ever the information of a Member committed to a Committee Let us send for the parties Is there here a bare denial of the restistution of the goods was it not also said that if all the Parliament were contained in him they would do as they did Let them be sent for It was ordered that the Officers of the Custome-house should be sent for Mr. Selden REported from the Committee concerning the printing of the Petition of Right that there were printed 1500 without any addition at all which were published in the time of the last Parliament but since the Parliament other Copies have been printed and these supprest and I made waste paper which the Printer did as he said by command from Mr. Attorny which he received from his Majesty and the Printer further said that the Attorney was with the Lord Privy Seal at White-Hall and there delivered unto the Printer sundry papers with diverse hands to them and on the backside was endorsed thus We will command you that these copies be printed Friday 23. HIs Majesty sent the House a Message to this effect That he willed them to cease from the former debate of Tonnage and Poundage till the next day in the after-noone and that he would speak with them the next day in the after-noone at White-Hall in the Banqueting-house Saturday 24. THe King made a Speech to that purpose Munday 26. MR. Walter did inform the House that diverse ships were laden with corn for Spain whereupon a Committee was appointed to inquire of the trading into Spain and to other enemies transporting corn and other Munition thither it is also ordered that some of the prime Councel should presently move the King about stay of the ships Mr. Secretay Cook then moved that the Bill of Tonnage and Poundage might be read and after some debate it was diverted and they fell upon points of Religion the which Mr. Rowse did first mention See his former Speech at large Sir Francis Beamor IF Religion be not a Rule to all our actions what pollicy can we have If God fight not our battailes the help of man is in vain In our defect the cause thereof is our defect in religion and the sin is Idolatry and Popery Papists encrease now more than ever they did neither do they want their Priests and Masses nay his Majesties name is used to stop proceedings against Papists and that since the Parliament contrary to his Majesties goodness and publick profession and contrary to his many proclamations and many instructions to the Judges and whatsoever is done in the country is undone above Mr. Kirton IF ever now it is time to speak We see what men are raised to preferment if we look not to it I shall more fear it than the Spanish Armado or the loss of the Sound Mountague was here questioned We see the King to all our comforts is right it comes not from him but some that are too near him are too busie in this The ambition of the Clergy brought these stories We see pulpits are full of them we see some that wear white and black 't is more than Mountague let us bend our wits to reforme them Mr. Sherland WE have a Religion that is worth the loving with all our hearts it was setled by the bloud of Martyrs and kept by miracles To have our noses wiped of this would grieve any heart more to see our Religion go away and designes made of it and Arminianism still to encrease as it doth If do admi I do perswade my self the greater part of the Clergy Nobility and Gentry are firm but it is the desire of some to labour to bring in a new faction of their own and so to drop into the ears of his Majesty that those that oppose them oppose
his Majesty and so they put him upon designes that stand not with publick liberty that he commands what he lifts with Lives Goods and Religion and doth as he pleaseth and so they involve all true hearted English-men and Christians under the name of Puritans and so make their quarrel to be his Majesties which is treason of the highest quality Tuesday 27. A Petition was exhibited concerning one Lewis that said about the 25 of December The Devill take the Parliament which was avowed by 2 witnesses It was resolved to be an offence to the Parliament and it was ordered he should be sent for SIr Nathaniel Rich tendered a Petition touching the Fast which was agreed to be preferred to the King It was ordered that a conference should be desired with the Lords about this Petition who were desired to joyn with the lower House which was done accordingly THe King sent a Message by Secretary Cooke to this effect viz. That his Majesty understanding that the Remonstrance was called for to take away all question commanded me to deliver it to you but hopeth that you proceed with the Bill of Tonnage and Poundage and give precedence to that business and to give an end to further dispute between some of his Subjects or else he shall think his Speech that was with a good applause accepted had not that good effect which he expected But before his Messege there was a report made by Mr. Pym for a Committee for Religion where a motion was made about the Remonstrance the last Session concerning that part which toucheth Religion and the Clark answered that by command from the King he delivered it to the Lord Privy Seal and so the Committee proceeded no farther SIr Walter Earl replied to the Message The last part of the Message calls me up For point of precedency Religion challeâ—geth the precedence and the right of our best endeavors Vbi dolor ibi digitus I know justice and liberty is Gods cause but what will justice and liberty do when Popery and Arminianisme joyn hand in hand together to bring in a Spanish Tyranny under which those Laws and liberties must cease What hath been done for Religion since the last Session We know what declarations have been made what persons have been advanced what truthes confirmed by all Authority of Church Councels and King For my part I will forgo my life and estate and liberty rather than my Religion And I dare boldly affirm that never was more corruption between Religion and matters of state than is at this present time Humana consilia castigantur ubi coelestibus se praeferunt Let us hold our selves to method and that God that carried us through so many difficulties the last Parliament Session will not be wanting to us now Mr. Corrington LEt us not do Gods work negligently We receive his Majesties Message withall duty for our proceedings let us so proceed as it may soonest conduce to his Majesties desire Unity concerns all of us the unity of this house is sweet especially in Gods cause let us cry and cry again for this let us be resolved into a Committee and presently fall to debate thereof UPon Mr. Pyms motion It was ordered that Religion should have the precedency and that the particulars before named should be taken into consideration by a Committee of the whole House Wensday 28. Secretary COOKE delivered another Message from his Majesty HIs Majesty upon occasion of dispute in this House about Tonnage and Poundage was pleased to make a gracious declaration wherein he commended unto us the speedy finishing thereof and to give precedency thereto and since his Majesty understanding the preferring the Cause of Religion his Majesty expected rather thanks than a Remonstrance yet he doth not interrupt you so you do not intrench upon that which doth not belong unto you But his Majesty still commanded me to tell you that he expects precedency in Tonnage and Poundage assuring himself he hath given no occasion to put it back and so you will not put it off To this Mr. Long replied I Cannot see but with much sorrow how we are still presed to this point I hoped those near the Chair would have truly informed his Majesty of our good intentions but we see how unhappy we are still some about his Majesty makes him diffident of us Sir Thomas Edmonds I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage after his Majesty hath given us a full satisfaction You may perceive his Majesty is sensible of the neglect of his business we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you Your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his Fathers time and since that what enlargement he hath made of our liberties and yet still we give him cause to repent him of the good he hath done Consider how dangerous it is to Alienate his Majesties heart from Parliamens Mr. Corington When men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean I see not how we do neglect the same I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time our business is still put back by these Messages and the business in hand is of God and his Majesty Things are certainly amiss and every one sees it and wo be to us if we present them not to his Majesty Sir Iohn Elliot His Speech to the same effect IT was ordered that a Committee should be appointed to pen an Answer to his Majesties Message and shew that it is their resolution to give him all expeditions in his service and that they hold it fit not onely to give him thanks but further to shew what perill we are in and that Tonnage is their own gift and it is to arise from themselves and that they intend not to enter into any thing that belongs not unto themselves Thursday 29. THe former part of the day was spent in dilating of the transportation of corn and victuals into Spain and it was ordered that Message should be sent to his Majesty that it is now evident that diverse ships are bound for Spain and to desire a stay of them After the House sat at a Committee about Religion after long debate it was resolved by the commons-Commons-House as before Friday 30. THe House received an answer from his Majesty touching the Ships which was that he would consider of it and send them an answer in due time Also this day a Committee of the lower-Lower-House went to the King in the Privy-Chamber with the Petition for the Fast and the Arch-Bishop of York after he had made a short Speech presented it to his Majesty in the name of both Houses To which the King answered Munday Febr. 2. THe lower-Lower-House presented a declaration
Iames Perotte SIr Iames Perotte complaineth further of some instruments of the Bishop of London and Doctor Turner who denied the License of printing the Articles of Ireland That diverse books have been licensed by the Bishop of Londons Chapplains and then refuse the same declaring they are of a contrary opinion and have given license to Mr. Chomley and Mr. Butterfield and therefore would not give license to these Mr. Pym MAster Pym doth make a full Report of all the proceedings against Mr. Mountague since the last Parliament of King Iames. Sir Robert Phillips REported from Mr. Attorney that my Lord of Dorset spoke to him to hasten the Pardons and that he received a Warrant from the King for drawing them that my Lord Carleton brought another Warrant from the King for drawing these pardons telling him that he must make expedition therein and he must draw the same as the Councel of the parties did direct the same That Mr. Attorney having made a rough Draught being often urged to expedition by the Bishop of Winchester he sent the same to the Bishop who inter-lined and corrected the same adding the names of Cosens Manwering and Sibthorp to the pardon That Mr. Attorney may be asked whether any of these Lords were made acquainted with the affidavit about Cosens A Messenger is sent to the Lord Keeper to know the reason wherefore he made stop of the Great Seal and by what solicitations he was prest thereunto Thursday 5. A Petition in complaint of an imposition upon Mault by the Citie of London was this day preferred to the House which is prefered to the Committee for Grievances Some differences being observed in the Articles as in the twentieth Article c. a Committee is to Compare the old and new Articles with the Records at Lambeth and consider how all those differences come in Mr. Long COmplaineth that a Prosecution hath been against him in the Star-chamber for sitting in this House the last Session he being High Sheriff of Wiltshire and chosen Burgess of Bath in Somersetshire The Preachers are to be chosen to morrow at the Committee for Religion Mr. Ogle IS called who averreth his Petition and will prove the same by witnesses It is Ordered that Cosens shall have intimation to attend to answer here if he will on Munday come fortnight to be sent for by a Serâ—cant at Arms and if he be not of the Convocation but if he be then to have notice by the Speakers letters and if thereupon he appear not then to proceed with him as is usuall in like Cases If Witnesses be sent for to this House in any Publick business they are to pay their own Charges Secretarie Cook SAith He hath very now received from a Noble person this Message from his Majestie That he hath appointed the eighteenth of this Moneth for the Fast for this place and the twentieth of the next Moneth for the whole king dom Sir Robert Phillips MOveth in the behalf of the Lord Peircie that having a Cause in dispute in the Lords House and three Members of this House being of his Counsel desires they may have leave to plead his Cause Which being conceived to be a Cause that is not to receive any Judgement here it is granted Friday A Petition exhibited against one Wittington a Papist in Northumberland Ordered to be sent for by a Serjeant at Arms. Mr. Harris of St. Margarets Westminster Mr. Harris of Hanwell in Oxfordshire Mr. William Fitz-Ieofferies of Cornwall are chosen for three Preachers for the day of the Fast and for the precedence is referred to the Preachers themselves Mr. Shervill REported one Parson Scall procured the Pardon for Mountague one Bartholomew Baldwin solicited the Pardon for Manwering There is also another Pardon found to be granted to Manwering pardoning the Judgement late he had given by the High Court of Parliament and all sums due to the King thereby Sir Nathaniel Ritch THat we may do somewhat which may give content to those who sent us hither and make expedition to the business of his Majestie and the Common-wealth That therefore the business of Mr. Mountague may be expedited to the Lords that they may enter into these things as well as we The Councel of Mr. Iones the Printer are to be heard upon Munday next Sir O. Roberts REporteth from the Committee sent to Mr. Attorney that Mr. Attorney staid for the Affidavits taken by Sir Euball Thelwall That one Health a Gentleman of Grays-Inne told Mr. Attorney that Cosens should say that the King was not supream of the Church and that he had no more to do with Religion than he that rubs his horse heels Mr. Attorney acquainted the King whereupon the King charged him to make a strict Inquisition herein but the King would not believe the same to be true Mr. Attorney sent for his Kinsman again and being examined he said so as affidavits were made thereon There was further certificate from the Dean and others at Durham so that the business was much lessened thereby but Mr. Attorney pressing the business further casually met with the Bishop of Winchester who said to Mr. Attorney that this business will come to nothing and King that made the affidavit was but a vain fellow The Affidavit of Thomas King was read which verifieth the same Mr. Selden made the rest of this Report and delivered the Warrant by which Mr. Attorney drew the Pardons for the Bishop of Winchester The effect was that what Mr. Mountague had done or writ was not out of any ill meaning such a Pardon should be drawn as Mr. Mountagues Councel should direct This Warrant was under the Lord Dorchester being the Lord Carleton Mr. Selden delivereth likewise the Copie of the Pardon interlined and razed by the Lord Bishop of Winchester Sir Iohn Elliot HEre is high Treason upon oath a Deposition upon oath an opposition is not in Law to be admitted for here is not onely an Admission but an Invitation of Certificates for defence and allowed to sway the case of so high a nature that therefore the parties that made the Affidavits and Mr. Attorney may be examined to make a better disquisition in this for I fear the intimation of the Bishop of Winchester swayed too far with Mr. Attorney Be matter true or false the neglect of the dutie of the Attorney is not to be excused I am much grieved to see his Majesties mercie run so readily to these kind of persons and his justice so readily upon others trifling occasions nay upon no occasions nay upon no occasion onely the misinformation of some Minister Mr. Attorney being by Writ to attend the Lords House cannot be injoyned to attend this House or to appear upon Warrant wherefore Mr. Littleton and Mr. Selden being of the same Inne of Court have undertaken to give notice to Mr. Attorney that there being an accusation here against him he may here answer and satisfie the House on Munday next Saturday A Bill against Spirituall Symonie
other new misdemeanors He is Ordered to be sent for Sir Iohn Elliot A Motion for Priviledge of Merchants Order is That any man having a Complaint depending here in the mean time intimation shall be given to my Lord Keeper That no Attachment shall go forth against the Merchants Chancellor of the Dutchie reported the Message to the Chequer Court that the Treasurer and the Barons will forthwith take the same into consideration and return answer It is Ordered Mr. Secretarie Cook shall take care that intimation shall be given to the Citie about the Fast. Doctor More called in saith he was referred to the Bishop of Winchester to be censured for preaching a Sermon the Bishop said he had heard him preach and deliver many prettie passages against the Papists which pleased King Iames but he must not do so now That you have a brother that preacheth against Bowing at the high Altar or at the name of Iesus and that the Communion Tables stood as Tables in Ale-houses but he would have them to be set as High Altars Dr. Moor is to deliver these things in writing to Morrow morning At the Committee for Religion SIr William Bawstrod If we now speak not we may for ever hold our peace when besides the Queens Mass there are two other Masses dayly so that it is grown ordinarie with the out-facing Iesuits and common in discourse Will you go to Mass or have you been at Mass at Somerset-house there coming 500 at a time from Mass. Desires to know by what authoritie the Iesuits lately in Newgate were released Mr. Corington Doubts not but his Majesties intention was good in the Declaration lately published but I conceive it will be made use of onely to our disadvantage that therefore the Declaration made be taken into consideration Sir Richard Gravenor REports the proceedings of this House against Poperie the last Sessâ—â—â— and what fruits have been thereon Sir Rober Phillips If ever there were a necessitie of dealing plainly and freely this is the time There is an Admission of Priests and Iesuits as if it were in Spain or France thâ—s increase of Papists is by connivance of persons in Authoritie Nine hundred and fourtie persons in houses of Religion being English Irish and Scots in the Netherlands maintained by the Papists of England and of this I shall deliver the particulars that we may frame a Remonstrance to the King that unless there be some better performance of his Majesties late answers to so many Petitions our Religion will be past recoverie Mr. Corington That the Papists by Act of Parliament or Laws of State may be removed from their offices which we have just cause to suspect Mr. Selden moveth that these things may be debated in order and first for releasing the Iesuits that were arraigned at Newgate whereof one was condemned they were 10 in number which were Priests who had begun a Colledge here in London about Clarkenwell and these men could not attempt these acts of boldness But they must have great countenancers Secretarie Cook THat a Minister who is said to be himself having notice of these 10 and this Colledge intended to be kept at Clarkenwell That it is plain there was a place appointed for this Colledge and Orders and Relicts prepared This Minister made the King acquainted with it and I should not do my dutie if I should not declare how much his Majestie was affected with it His Majestie refers it to the special care of the Lords of the Councell who examining the same sent these ten persons to Newgate and gave order to Mr. Attorney to prosecute the Law against them That this Colledge was first at Eâ—monton removed from thence to Camerwell and thence to Clerkenwell Ordered That all the Knights and Burgesses of the House shall to Morrow morning declare their knowledge what Letters or other hinderances have been for the staying of proceedings against Recusants Mr. Long a Justice of Peace who is said to understand much in the business of the Colledge of Iesuits at Clarkenwell is sent for and examined saith by the appointment of Mr. Secretarie Cook he apprehended these persons and took their Examinations and saith further he heard they were delivered out of Newgate by order from Mr. Attorney That Mr. Middlemore or General Soliciter for the Papists hired this house for the Lord of Shrewsbâ—rie a Papist and that there are diverse books of account of payments and disbursments to the value of 300 pounds per Annum with diverse Recusants names who allowed towards the maitenance of this Colledge and these books and papers are in the hand of Mr. Secretary Cook Secretarie Cook saith he cannot so amply declare the truth of the proceedings herein untill he have leave from his Majestie One Cross a Pursevant is to be examined upon oath who declareth he could discover diverse stoppages of the execution of the Laws against Recusants Saturday 14. A Complaint against the Lord Lambert a Baron of Ireland and a Member of this House who being a Colonel of Souldiers in Midd. hath imposed Four pence upon every Souldier towards his Officers Charges and the Petitioner for refusing to pay was first set in the Stocks and after by the Lord Lambert committed to a Publick prison It is Ordered that the Lord Lambert shall be sent for to answer this Sir Iohn Epsley desireth leave to answer a Complaint that is in the Lords house of Parliament against him Mr. Selden That the use was and citeth Presidents that no Commander could be called to the Lords House but it will trench much to the disadvantage of the Priviledge of this House and untill 18. Iac. there was never President to the contrarie That therefore this may be considered of by a select Committee Ordered that Sir Iohn Epsley shall not have leave Mr. Chancellor of the Dutchie stifly secondeth Mr. Seldens Motion Mr. Secretarie Cook I am as carefull to maintain a good correspondencie with the Lords as any man but connivances in this kind may overthrow the fundamental Rights and Liberties of this House Let it therefore seriously be considered of for this not onely concerneth the Right of this House but the Libertie of the Common-wealth Ordered a select Committee shall be appointed to consider this Mr. Chancellor of the Dutchie delivereth an answer in writing from the Lord Chancellor Trer. and Barons to the Message sent to them Mr. Kirton WE looked for Satisfaction but now you see a Justification of their actions I therefore desire now we may proceed to consider of their proceedings and whether ever the Court of Exchequer held this course before for staying of Replevies and whether these have been done by the Regal Prerogative of the King in his Court of Exchequer It is Ordered that a select Committee of Lawyers Chequer-men shall take this into consideration Mr. Selden We have delayed the proceeding with the Customers expecting some good success from the Chequer but finding it otherwise I desire the Customers may be called
to the Barre on Munday next Which is Ordered At the Committee for Religion SIr Thomas Hobbie from the Committee reported for the examination of the Keeper and Clerk of Newgate concerning the Priests there being a Warrant under the Attorneys hand for the deliverie of the Persons a Warrant under the Lord Chief Justices hand according to a Letter which he received from the Lord of Dorset signifying that it was his Majesties pleasure that the Priest condemned should be reprived Another Warrant under the Attorneys hand that the Priests condemmed should be reprived and also in the Kings name to release those other nine persons Sir Nathaniel Ritch I am confident the Grace of the King hath been abused in this that therefore the privie Counsellers of this House may know whether it were his Majesties direction It is moved that Mr. Secretarie Cook may first declare his knowledge in this One Cross gave intimation of these persons First the Secretarie Super totam maternam It is evident that the Colledge at Clarkenwell is a Colledge of Iesuits holden under a Forreign Supream power Sir Francis Seymour taxeth Mr. Attorneys affection and judgement in this and also declareth continual Letters from Mr. Attorney in stay of proceedings against Recusants You see in this how slightly Mr. Attorney hath put over a business of this weight to Mr. Long. Cross the Pursevant saith there was an Eleventh man in the New Prison and the Keeper of that Prison said he was delivered by Warrant from the Councel-board Sir Iohn Elliot No man could find a way on which to vent his malice so much to this Church and State as by protecting these men That this may be fixed home on that great Lord of Dorset that I fear hath defiled his fingers too far in this business and on Mr. Attorney whom I am sorrie I have occasion to nominate so often in this matter of Religion in stopping of proceedings against Recusants Mr. Recorder is ordered to be sent for and to be examined in this rather than to be sent for having had the Honor formerly to sit in the Chair Secretarie Cook saith we shall find that the King being mercifull in case of shedding bloud gave direction for the repriving of those Priests Sir Iohn Elliot I doubt not when we shall declare the depth of this to his Majestie but he will render them to judgement that gave him advice herein Sir Nath. Ritch These Iesuits are bound by Sureties to answer further at the Councel-board I wish these Bonds would produce these Men that by examination of them we may find out the whole pack of their Benefactors and Countenancers Mr. Long saith that he offering at Session the Evidence by order from M. Attorney the Lord Chief Justice Richardson interrupted him and told him he must speak to the point in issue whether Priests or no Priests and hereupon the Judges consulted amongst themselves Mr. Selden saith he was present at the Sessions and plain Treason was proved and nothing done in it The further examination of this is referred to a select Committee Munday 16. A Petition of Complaint against Sir Henry Martin for disposing of the goods of one Brown who died intestate to his own private use Sir Henry Martin If I prove not my self as clear of this as St. Iohn Baptist let me be reckoned to be a Jew Referred to the Committee for course of Justice At the Committee for Religion MAster Stroud That the Lord Chief Justice may be called to give an account of his stay of Justice in the execution of the condemned Priests which he ought not to have done though his Majestie signified his pleasure to the contrarie Chancellor of the Dutchie That was a thing ordinarie for a Chief Justice to do in Queen Elisabeths and King Iames times as also a Declaration in the Star-chamber that all condemned Priests should be sent to the Castle of Wisbitch and from hence though the King had given no order for the replevie he might have taken his Warrant for his proceedings Mr. Selden reporteth from the Committee for the further examination of Mr. Long concerning the proceeding at Newgate against the Iesuits whereby plainly appeareth that the evidence tendered in the Court at Newgate did plainly testifie these men to be Priests yet the Lord Chief Justice Richardson did reject the same against the sence of the rest of the Judges and Justices present whereby it is plain he dealt under-hand to some of the Iesuites Ordered That two Members shall be sent to each Judge that were present at the Sessions at Newgate who were said to be the Lord Chief Justice of the Kings Bench the Chief Justice of the Common-pleas Justice Whitlâ—ck Justice Iones and Justice â—rook Tuseday 17. MAster Chambers preferreth another Petition in complaint of a Warrant newly proceeding from the Councel-board for the stay of the Merchants goods unless they payed the duties that were due in King Iames his time Sir Iohn Elliot You see as by the last answer from the Exchequer the Merchants were bounded within the Court to sue for their own so they are now debarred from all means of coming by their own It is Ordered that the Customers shall attend the House on Thurseday next In the mean time it is referred to the former Committee Ordered a Committee of six to Collect and take all the names at the Fast and to meet at eight of the Clock in the Morning Ordered That a Committee shall consider of a speedie way to put the Merchants in Possession of their goods without which it is warned we sit here in vain Sir Thomas Hobbie Reported from my Lord Chief Justice Hide that he doth not remember any Papers tendred by Mr. Long were rejected or that he affirmed they were dangerous persons and a Colledge of Iesuits but howsoever Mr. Long tendred nothing to prove them so but that he had diverse papers in his hand Mr. Wansford Reported from the Lord Chief Justice Richardson who saith that Mr. Long did discourse of the place and house but did not press the reading of any papers neither doth he know what was in the papers neither knew he any thing to prove the persons Priests Sir Thomas Barrington delivereth the answer of Justice Iones who saith the same papers were offered by Mr. Long but he knoweth not the Contents thereof nor the reason why they were refused but he came late for want of his health and the second day was not there at all The like â—as Reported by Sir Will. Constable from Justice Crook Sir Thomas Barrington saith Although that Justice Iones did not write the name of my Lord Chief Justice Richardson yet in discourse named him to be the man that said The point in proof is not whether they be Priests or no Priests Sir Nath. Ritch Here is a charge of a high nature on the Judges by Mr. Long. That Mr. Long now may make good his Charge or suffer for it for there were witnesses enough in
Lords viam faustam both to his Majesty and your Lordships and to our selves for my Lords this is the greatest bond that any Subject can have in Parliament verbum Regis that is an high point of Honour but this shall be done by the Lords and Commons and assented to by the King in Parliament This is the greatest obligation of all and this is for the Kings Honour and our safety And therefore my Lords we have drawn a form of a Petition desiring your Lordships to concur with us herein for we come with an unanimous consent of all the House of Commons for there is great reason your Lordships should do so because that your Lordships be involved in the same condition commune periculum and so I have done with the first part And now I shall be bolde to read that which we have so agreed on I shall desire your Lordships that I may read it The Petition of Right to the KINGS most Excellent Majesty HUmbly sheweth unto our Soveraign Lord the King the Lords spiritual temporal and Commons in this present Parliament assembled That whereas it is declared and enacted by a Statute made in the time of the Raign of King Edw. 1. commonly called Statutum de tallagio non concedendo That no Tollage or aid should be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Arch-Bishop Earles Barons Knights Burgesses and others the freemen of the Cominalty of this Realm And by Authority of Parliament holden in the 13. year of the Raign of King Ed. 3. it is declared and enacted that from thence-forth no Persons should be compelled to make any loan to the King against his will because such loans were against reason and the Franchises 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 Tollage Aid or other like charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Countreys with instructions have issued by means whereof your people have been in divers parts assembled and required to lend certain summes of money to your Majesty And many of them upon refusal so to do have had an unlawfull Oath administred unto them not warrantable by the Laws and 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 confined and sundry other wayes molested and disquieted and divers other charges have been laid and levied upon your people in several Countreys alleadging some superior by Lord Lieutenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by command or direction against the Laws and free Customes of the Realm from your Majestie or your privy Councel 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 nor â—mprisoned nor be disseised of his Freehold nor Liberties nor his free Customes nor be outlawed or exiled or in any manner destroyed but by the Lawfull judgement of his Peers or by the Law of the Land And in the 28. year of the Raign of King Edw. 3. it was declared and enacted by Authority of Parliament that no man of what Estate or condition he be shall put out of his Land or Tenement nor taken nor imprisoned nor disinherited nor put to death without being brought to answer by due process of Law Nevertheless against the Tenour of the said Statutes and other the good Laws and 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 Justices by your Majesties Writ of Habeas Corpus there to undergo and receive as the Court should order and the Keepers commanded to certefie 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 the which they might make answer to and to Law And whereas of late great Companies of Souldiers and Marriners have been dispersed into divers Countreys 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 Customes of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25. E. 3. it is declared and enacted that no man shall be fore-judged 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 Nevertheless of late times 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 Justice of Martial Law against such Souldiers or Marriners or other dissolute Persons joyning with them as should commit any Murther Robbery Fellony Mutiny or other outrage or misdemeanour 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 trial 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 none other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishment due to them by the Laws and Statutes of this your Realm By reason whereof divers of your Officers and Ministers of Justice have unjustly refused or forbore 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 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 Guift Loan Benevolence Tax or such