time he should stand committed to the Serjeants Ward till Two Thousand Pound Bail could be procured for his appearance next Sessions And though the King took him into Protection as his Servant yet his Bail-bond remained uncancelled Divers Laws were Enacted in this Parliament as one about Observation of the Lord's day another for restraint of Tipling in Inns Alehouses c. These passed likewise in the House of Commons A Bill for Tunnage and Poundage but this miscarried in the House of Lords because the Commons had limited it to a year whereas it was formerly granted to the Kings Predecessors during their lives it being intended to reduce the Customs to the Rate at which they were settled in the Reign of Queen Mary During the fitting of the Parliament the Lord Mordant a Papist and his Wife a Protestant being both desirous of each others Conversion they put their cause upon a dispute between James Usher L. Archbishop of Amargh and one Rookwood a Jesuite who called himself Beaumont this was acted at Drayton in Northamptonshire the points disputed on were Transubstantiation Praying to Saints Images and the Visibility of the Church wherein the Learned Primate so foil'd his Adversary that the Lord Mordant was Convinced and Converted to the Protestant Religion and his Lady further confirmed therein On the Eleventh of July 1626 the Parliament by reason of the sickness Adjourned till August 1. and then met again at Oxford where the King first by himself and next by his two Secretaries the Lord Conway and Sir John Cook declared to them the necessity of setting forth a Fleet for the recovery of the Palatinate which was the Countrey of the Prince Palatine of the Rhyns who married the Kings Sister and was then unjustly detained from him by the Emperour of Germany and the King of Spain the Lord Treasurer likewise instanced the several Sums of Money which King James died indebted to the City of London This occasioned very warm Debates in the House of Commons who alledged That evil Councels guided the Kings Designs That the Treasury was misimployed That our necessties arose through Imprevidence That it would be necessary to Petition the King for a stricter hand and better Councel to manage his Affairs That though a former Parliament engaged the King in a War yet if things were managed with Contrary designs and the Treasure misimployed this Parliament was not bound to be carried blindsold in Designs not guided by sound Council That it was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances rednessed With several other Passages of the like Nature They likewise very much reflected upon the miscarriages of the Duke of Buckingham who was then a person of very considerable Trust but however they promised to consider of the Kings desires and presented him a Petition against Popish Recusants giving an Account of their damage ascribing certain Causes of their growth and offering divers Remedies thereunto unto which a satisfactory Answer if any thing would have satisfied was returned And hereupon there followed a Debate about Supplies some were for contributing presently others demurr'd as disliking the design in hand and in conclusion the Major part agreed not to give And being incensed against the Duke of Buckingham they began to think of divesting him of his Offices and to require an Account of the Publick Moneys wherewith he had been intrusted all which they intended to include in an humble Remonstrance to prevent which the King resolved to Dissolve the Parliament and accordingly the Usher of the Black Rod was sent from the House of Lords to the Commons who were then resolved into a Grand Committee and understanding the Kings pleasure they caused the Speaker to keep his Seat while they agreed upon a Message of Thanks to his Majesty for his Gracious Answer to their Petition for Religion and for his care of their Health in giving them leave to depart this dangerous time of Sickness with a dutiful Declaration of their Affection and Loyalty and of their purposing to supply him in a Parliamentary way in fit and convenient time After which they were accordingly dissolved Now the War with Spain being intended both for the recovery of the Palatinate and to prevent disturbance in our Civil Estate the Councel hereupon resolve with all speed to set forth a Fleet and to preserve strict Unity and Peace with France Denmark and the United Provinces and with the Hollanders the King had already entered into a League Offensive and Defensive against the House of Austria and likewise had promised to assist them in soliciting other Princes to enter into the same Confederation upon Condition that they should bear a Fourth part of the Charge of the Fleet and in pursuance hereof the Duke of Buckingham and the Earl of Holland were sent to the Hague and there meeting with the Ambassadors of France and Denmark they concluded a League for restoring the Liberties of Germany the two last Ambassadors having no further power from their Supteams A while after the Dissolution of the Parliament the King published a Proclamation Commanding the return of all Children of Noble-men which had been sent to be Educated in Seminaries and Popish Schools beyond Sea that none who had received Orders from Rome should presume to confer Orders or Exercise Ecclesiastical Functions in any of his Dominions and likewise that the Statute be put in Execution for the departure of Priests and Jesuites out of his Majesties Dominions By reason of the Dissolving the Parliament the Act of Subsidies was prevented and the King was necessitated to take up Money upon Loan of such Persons as were of Ability to lend and to that end he directed his Letters to the Lord Leiutenants of the several Counties To return the Names of those Men whom they thought most sufficient The places of their Habitations and what Sums each might be judged able to lend and to the persons returned Letters were Issued forth in the Kings Name to this purpose That his Majesty having observed in the Presidents and Customs of former times That all the Kings and Queens of this Realm upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects or to the private helps of some well affected in particular by way of Loan in the former of which as his Majesty has no doubt in the Love and affection of his People when they shall again Assemble in Parliament so for the present he was inforced to proceed in the latter course for supply of some Portions of Treasure for divers publick Services which without manifold Inconveniences to his Majesty and his Kingdoms cannot be deferr'd and therefore this being the first time that his Majesty hath required any thing of this kind he doubts not but he shall receive such a Testimony of good affection from them among other of his Subjects and that with such alacrity and readiness as may make the same so
these Queries 1. Whether the King had not lost the Regality of the Narrow Seas since the D. of Buckingham was Admixal 2. Whether his going as Admiral in this last Fleet was not the cause of its ill Success and return without any considerable Action 3. Whether the Kings Treasure hath not been impaired by the Dukes Immense Liberality 4. Whether he hath not Ingrossed all Offices and prefer'd his Kindred to most places 5. Whether he hath not sold places of Judicature 6. Whether Popish Recusants have not dependance upon his Mother and Father in Law These bold Expressions so provoked the King that he immediately sent Sir Richard Weston to demand Satisfaction of the House of Commons whereupon Dr. Turner presently after made a Speech in Vindication and for explaining himself alledging That what he had said was for the good of the Kingdom and not reflecting upon any one in patticular That to accuse upon common Fame he thought to be a Parliamentary way and warranted by the Cannons of the Church the Imperial Laws and by Ancient Presidents The Duke of Suffolk in King Hen. the Sixths time having been accused upon Common Fame He added likewise That Mr. Chancellor himself had presented some persons upon particular Fame and that he knew no reason why himself might not in that place have as ample Priviledge and the further debate of the matter being referr'd till another time Dr. Turner in the mean space writ a Letter to the Speaker to excuse his absence by reason of some Indisposition and to signify his desire of putting himself wholly upon the Judgment and Censure of Parliament Sir William Waller speaking his Opinion concerning Grievances said That the True Cause of them was because as was said of Lewes the 11th of France all the Kings Council Rode upon one Horse And that therefore His Majesty was to be advised as Moses was by Jethro to make choice of Councellors to assist him that should be thus qualified 1. Noble not Upstarts and of a Nights Growth 2. Men of Courage such as would execute their own places and not commit them to undeserving Deputies 3. Fearing God not inclining to false Worship or halting between two Opinions 4. Dealing truly not given to Flattery or favouring Courtship but such as might be safely trusted by the King and Kingdom 5. Hating Covetousness not such as lived upon other Mens Means or that would take Bribes or sell places in Church or State or about the King 6. To be many in the multitude of Councellors there being safety 7. To judg of small matters as well as great the greatest being to be referr'd to the King much less any one Councellor alone to manage all business 8. Elders not young and unexperienced Men through whose rash and unadvised proceedings great Designs many times miscarry And herein he was seconded by Sr. John Eliot who represented to the House The present State of the Kingdom and the great dishonour the King and Kingdom had sustained by several miscarriages and ill management of Matters of the highest Trust he likewise mentioned Two Presidents the first in the 16 year of Hen. 3. when the Parliament denied the Subsidies demanded till the great Officers were Examined and Hugh de Burg being found guilty of Corruption was displaced Another Example was in the 10th year of Rich. 2. when Supply was required and the Commons complaining that the Earl of Suffolk then over-ruled all they returned Answer That they could not give But notwithstanding these Discourses the Commons taking the Kings Necessities into Consideration Voted Three Subsidies and Three Fifteens and that the Bill should be brought in as soon as the Grievances which were represented were redressed They likewise considered of the matter of the Duke of Buckingham and the misimploying the Revenue and ordered that the Duke should again have notice of their Intentions therein But the King observing they did not make such hast as he expected to answer his last Message summons both Houses together and by the Lord Keeper complains to them For not punishing Dr. Turner and Mr. Cook and likewise for searching his Signet Office and also justified the D. of Buckingham to have acted nothing of Publick Imployment without his Special Warrant and therefore forbid them to concern themselves any further therein as looking upon it to be Libelling his own Government lastly he blamed them for being too sparing in the matter of Supply and for ordering the Bill not to be brought in till their Grievances were heard and answered which he would not admit of This was the substance of the Lord Keepers Speech to which the King himself added He must also put them in mind that his Father moved by their Counsel and won by their Perswasions broke the Treaties and that he himself was their Instrument towards his Father and was glad to be Instrumental in any thing which might please the whole Body of the Realm nor was there any then in greater Favour than the Duke whom they now traduced but that now finding him so far intangled in a War that he could make no honourable nor safe Retreat they made necessity their Priviledge and set what rate they pleased upon their Supplies a Practise not very obliging towards Kings and whereas Mr. Cook told them That it was better for them to die by a Forreign Enemy than to be destroyed at home Indeed he thought it to be more Honourable for a King to be Invaded and almost destroyed by a Forreign Enemy than to be despised at home After this at a Conference of both Houses in the Painted Chamber the Duke of Buckingham was commanded by the King to explain some Expressions in the Kings and the Lord Chancellors Speeches which might be subject to misunderstanding which the Duke performed accordingly and then gave a large Account of his Negotiation in the Low Countreys as soon as the Duke had ended the Lord Conway discoursed of the Treaties of Denmark and France and the business of the Navy and affirmed they were not done by single Councel since King James himself commanded it The Commons in Answer to the Kings last Speech presented him with a Remonstrance to this purpose That they gratefully acknowledged His Majesties Expressions of Affection to his People and Parliament That they had taken Mr. Cooks and Dr. Turners words into Consideration and might have given a good Account thereof by this time if his Majesties Message had not interrupted them That they had the Presidents of former Parliaments for searching the Letters of his Majesty and his Secretary of State the Signet Office and other Records upon the like occasions That it was the unquestionable Priviledge of Parliaments to complain of any Person of any degree and their proceedings in relation to the Duke should not prejudice either Crown or Kingdom That they were willing to Supply his Necessities Liberally and Faithfully if Additions might be made of other things which concerned his Service and were now in Consultation
among them His Majesty having received it returned this short Answer thereunto That he would have them in the first place Consult about Matters of the greatest Importance and that they should have time enough for other things afterward This happened in the year 1626 and in the Second Year of his Majesties Reign about which time the Earl of Bristoll being ordered by the King to be Examined by a Committee of Lords concerning his Negotiation in Spain and having been in Prison and prohibited access to His Majesty ever since his return received a Letter from the Lord Conway wherein in order to his Relief he propounded to him from His Majesty this Choice Whether he would be quiet and not be questioned for what was past and enjoy the benefit of the late Gracious Pardon or whether he would stand upon his Justification To which he Answered That he did humbly acknowledge and accept of his Majesties Grace and Favour And at the same time he Petitioned the House of Lords for his Liberty or to come to a Tryal who apylying themselves to his Majesty he granted a Writ for the Earls coming to Parliament but with a Proviso That his Personal Attendance should be forborn whereupon the Earl sent another Petition to the Lords that he might be heard both as to his Restraint and of what he had to say against the Duke At which the King was much concerned and signified to the Lords That it was his Royal Pleasure that the Earl of Bristol might be sent for as a Delinquent to answer his Offences to the House and his scandalizing the Duke of Buckingham and his Majesty likewise by Reflection Upon this the Earl was accordingly brought to the Bar and being ready to be impeacht of High Treason by the Attorney General he besought their Lordships That as he was a Freeman and Peer of this Realm untainted and had something to say of high Consequence for his Majesties Service he might have liberty to speak Which being granted him he said I accuse that Man the Duke of Buckingham of High Treason This unexpected procedure of the Earl occasioned the Attorney General to draw up a Charge against him consisting of Eleven Articles containing Matters of divers Natures whereupon the Earl afterwards gave a large Account of the Duke of Buckinghams proceedings towards him and then preferr'd Twelve Articles against him and besides these Articles against the Duke the Earl of Bristol exhibited Eleven others against the Lord Conway the Earl likewise gave in his Answer to each particular Article of his Impeachment Now whilst these two Peers were thus contesting the House of Commons presented an Impeachment to the Lords against the Duke consisting of Twelve Articles to each of which the Duke made Replies and the last of them being a matter of general Discourse it may seem necessary to insert it with the Dukes Answer thereto That the Duke being a Sworn Servant of the the late King did cause and provide certain Plaisters and Potions for his late Majesty K. James in in his last Sickness without the Privity of his Majesties Physicians and that although those Plaisters and Potions formerly applied produced such ill Effects as many of his Sworn Phisicians did disallow as prejudicial to his Maiesties Health yet the Duke did apply them again to his Majesty whereupon great Distempers and dangerous Symptoms appeared in him which the Physitians imputed to those Administrations of the Duke whereof his late Majesty also complained which is an Offence and Misdemeanor of so high a Nature as may be called an Act of Transcendent Presumption And the said Commons by Protestation saving to themselves the liberties of exhibiting hereafter any other Accusation or Impeachment against the Duke and also of Replying unto what the Duke shall Answer unto the said Articles do pray That the said Duke may be put to Answer all and every the Premises and that such Proceeding Examinations Tryals and Judgments may be upon every of them had as is agreeable to Law and Justice To this Article the Duke of Buckingham Replyed That his late Majesty being sick of an Ague a Disease out of which the Duke recovered not long before asked the Duke what he found most Advantagious to his Health The Duke replyed a Plaister and Possit Drink administred unto him by the Earl of Warwick 's Physician whereupon the King much desired the Plaister and Possit drink to be sent for and the Duke delaying it the King commanded a Servant of the Dukes to go for it against the Dukes earnest request he humbly D Buckingham stab'd by Felton Mr Pryn Burton Bastnich in the Pillory The Tumult in Scotland upon Reading the Comon pray r craving his Majesty not to make use of it without the Advice of his own Physicians and Experiment upon others which the King said he would do and in confidence thereof the Duke left him and went to London and in the mean time he being absent the said Plaister and Posset Drink were brought and at the Dukes return his Majesty commanded the Duke to give him the Posset Drink which he did the Physicians then present not seeming to mislike it afterwards the Kings Health declining and the Duke hearing a Rumour as if his Physick had done his Majesty hurt and that he had administred Physick without Advice the Duke acquainted the King therewith who with much discontent replyed They are worse then Devils that say so About this time the King again earnestly pressed the House of Commons for a speedy Supply by their Speaker Sir Heneage Finch giving them to understand That if there did not pass the Bill of Subsidy by the end of the week following it would inforce him to take other Resolutions and if by their denial or delay any thing of ill consequence should fall out either at home or abroad he called God and Man to witness that he had done his part to prevent it by calling his People together to advise with him whose sitting if they dispatched this according to his desire he resolved to continue for the dispatch of other Affairs and after their Recess to bring them again together the next Winter Before the Commons sent an Answer they drew up a Petition to his Majesty That he would be pleased to Remove from all places of Trust and Authority all such Persons as were either Popish Recusants or according to the Direction of former Acts of State justly to be suspected to be such And herewith they likewise sent a large Scrowl of the Names of all such Noblemen and others as continued in places of high Trust in the several Counties of England The Answer to the late Articles against the Duke of Buckingham being by him delivered into the Lords House he desired their Lordships to send to the Commons for a speedy Reply whereupon the Commons required a Copy of his Answer But the Duke fearing what might be the Effect thereof humbly applyed himself to the Lords whom he intreated
whereupon the Commons fell upon the memorable Petition of Right and after several of the Members had delivered their Opinions at large concerning some Clauses in it the Lords agreed that without any Addition or Preface it should be presented to the King the Substance whereof was 1. They do pray his most Excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make Answer or to take such Oath or to give Attendance or be confined or otherwise be molested or disquieted concerning the same or for Refusal thereof 2. That no Freeman be taken and imprisoned or be disseised of his Freehold of Liberty or his free Customs or be outlawed or exiled but by the lawful Judgment of his Peers or by the Laws of the Land 2. That your Majesty would be pleased to remove the Souldiers and Marriners now Billeted in several Counties and that your People may not be so burdened for the time to come 4. That the late Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commission of like Nature may Issue forth to any Person or Persons whatsoever to be Executed least by colour of them any of your Majesties Subjects be destroyed or put to death contrary to Law and the Franchises of the Law All which we most humbly pray your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That all Awards Doings or proceedings to the prejudice of your People shall not be drawn hereafter into consequence and Example After this there came a Letter from the King to the House of Lords wherein among other things His Majesty declared it to be his Royal pleasure which God willing he would ever continue and constantly maintain That neither he nor his Privy Council should or would hereafter command to Prison or otherwise restrain the Persons of any for not lending Money nor for any Cause which in his Conscience did not concern the publick good nor would he be drawn to pretend any cause wherein his judgment was not fully satisfied This Sir Thomas Wentworth afterwards Earl of Strafford said Was a Letter of Grace but that the People were not so satisfied but by a Parliamentary way That the debate would spend much time That it was not directed to the House of Commons and that the Petition it self would rectify all mistakes When the Petition of Right was presented to the King the Answer following was quickly returned The King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due Execution that his Subjects may have no cause to complain of any wrong or Oppressions contrary to their just Rights and Liberties to the Preservation Whereof he holds himself in Conscience as well obliged as to that of his Prerogative This Answer being Read in the House of Commons was not judged Satisfactory and therefore upon their Humble Petition for a clear and satisfactory Answer to the Petition of Right His Majesty to shew how free and candid his Concessions were to his Subjects sent them this short but full Answer Soit Droit Lait come il est desire Let it be done according to your desire Which Answer was Received with the general joy and Satisfaction of both Houses and the Citizens made Bonefires and Rung Bells and his Majesty for further Satisfaction was pleased to receive into Favour Abbot Archbishop of Canterbury Bishop Williams and several others His Majesty likewise suffered the Commission of Loan and Excise to be cancelled in his presence so that all discontents of every side seemed to be banished In 1628 the Fourth year of his Majesties Reign the Parliament not being satisfied of their former disappointment about the Duke of Buckingham drew up another Remonstrance against him and likewise against Bishop Neal and Bishop Laud which they presented to the King with the Bill of Subsidies His Majesty telling them That he expected not such a Return for his favourable Answer to the petition of Right and as for the Grievances he would take time to consider of them An Information being likewise Exhibited against the Duke in the Star Chamber for divers Offences and Misdemeanors an Order was made in that Court that all proceedings thereupon should be taken off the File by the Kings express Will and Pleasure And because it had been reported by a Member of Parliament that the Duke should say at his Table Pish it matters not what the Parliament doth for without my leave and Authority they shall not be able to touch the Hair of a Dog The Duke made Protestation in the House of Lords That be never had those words so much as in his Thoughts But the King being resolved to hold up the Duke sent so brisk an Answer to their Remonstrances as provoked the Commons who had soon forgot his Majesties late Act of Grace to question his taking Tunnage and Poundage which being of too valuable consideration to be hazarded his Majesty obviated by Adjourning the Parliament to the 20th of October there being several Acts passed by them One About the Lords day Another To restrain the sending any to be Popishly bread beyond the Seas Another for Confirmation of the Subsidies granted by the Clergie and for the grant of Five Entire Subsidies upon the Temporality and divers more Much about this time Dr. Lamb who was in great Favour with the Duke of Buckingham and had been formerly twice Arraigned once for Necromancy and another time for a Rape was killed by the furious Multitude in Lothbury who hated him both for his own sake and the Dukes he being called the Dukes Devil and though he were guarded by four Constables and their Attendants yet the Rabble struk him down beat out one of his eyes and left him half dead on the Ground from whence he was called to the Poultrey Counter where he died according to his own Prediction the year before being pitied by few and loved of none The Earl of Denbigh having a while since sailed with Fifty Ships to the relief of Rochel was repelled with much loss so that despairing of Success he returned back to Plymouth whereupon another Expedition was resolved on with a more considerable Navy and the Duke of Buckingham was designed Admiral who going to Portsmouth in order to hastning of business one John Felton a Leiutenant stabbed him to the heart with a Knife which the Murtherer flying left sticking in his Body till the Duke himself dragg'd it out and immediately after died Felton was soon apprehended by the Servants and laden with Irons and being asked what inclined him to commit so horrid an Action He boldly answered He killed him for the cause of God and his Countrey He likewise fastned a Paper in the Crown of his
Representative of the Kingdom and when that I had almost made an end of the Treaty then I was hurried away and brought hither and therefore Here the President interrupted him and said Sir you must know the pleasure of the Court. King By your favour Sir President Nay Sir by your favour you may not be permitted to fall into these discourses you appear as a Delinquent you have not acknowledged the Authority of the Court the Court craves it not of you and once more they command you to give your positive Answer Clerk Do your Duty King Duty Sir The Clerk reads Charles Stuart King of England you are accused in the behalf of the Commons of England of divers high Crimes and Treasons which Charge hath been read unto you the Court now requires you to give your positive and final Answer by way of confession or denyal of the Charge King Sir I say again to you so that I might give satisfaction to the people of England of the clearness of my proceedings not by way of Answer not in this way but to satisfie them that I have done nothing against that Trust that hath been committed to me I would do it but to acknowledge a new Court against their Priviledges to alter the fundamental Laws of the Kingdom Sir you must excuse me President Sir this is the third time that you have publickly disowned the Court and put an affront upon it how far you have preserved the Priviledges of the people your Actions have spoke it but truly Sir mens intentions ought to be known by their Actions you have written your meaning in bloody Characters throughout the whole Kingdom but Sir you understand the pleasure of the Court Clerk Record the default and Gentlemen you that took charge of the Prisoner take him back again King I will onely say this one word to you If it were only my own particular I would not say any more nor interrupt you President Sir you have heard the pleasure of the Court and you are notwithstanding you will not understand it to find that you are before a Court of Justice Then the King went forth with his Guard and Proclamation was made That all persons who had then appeared and had further to do at the Court might depart into the Painted Chamber to which place the Court did forthwith adjourn and intended to meet in Westminster-Hall by Ten of the clock the next morning Cryer God bless the Kingdom of England His Majesty intended to have delivered in writing his Reasons against the Pretended Jurisdicton of the High Court of Justice upon Monday Jan. 22. but was not permitted Saturday the 27 of January 1648. O Yes made Silence commanded The Court called Serjeant Bradshaw Lord President in his Scarlet Robe suitable to the work of this day with sixtie eight other Members of the Court called As the King came into the Court in his usual posture with his Hat on a Cry made in the Hall by some of the Souldiers for Justice Justice and Execution King I shall desire a word to be heard a little and I hope I shall give no occasion of interruption President You may answer in your time hear the Court first King If it please you Sir I desire to be heard and I shall not give any occasion of interruption and it is only in a word a sudden judgment President You shall be heard in due time but You are to hear the Court first King Sir I desire it it will be in order to what I believe the Court will say and therefore Sir a hastie Judgment is not so soon recalled President Sir you shall be heard before the Judgment be given and in the mean time you may forbear King Well Sir shall I be heard before the judgment be given President Gentlemen it is well known to all or most of you here present That the Prisoner at the Bar hath been several times convented and brought before the Court to make answer to a Charge of Treason and other high Crimes exhibited against him in the Name of the People of England to which Charge being required to Answer Here an honourable Lady interrupted the Court saying Not half the People but she was soon silenced he hath been so far from obeying the Commands of the Court by submitting to their Justice as he began to take upon him to offer reasoning and debate unto the Authoritie of the Court and of the highest Court that constituted them to try and judge him but being over-ruled in that and required to make his Answer he was still pleased to continue contumacious and to refuse to submit or Answer Hereupon the Court that they may not be wanting to themselves to the trust reposed in them nor that any mans wilfulness prevent Justice they have thought fit to take the matter into their consideration They have considered of the Contumacy and of that confession which in Law doth arise upon that contumacy They have likewise considered of the notoriety of the Fact charged upon the Prisoner and upon the whole matter they are resolved and have agreed upon a Sentence to be now pronounced against this Prisoner but in respect he doth desire to be heard before the Sentence be read and pronounced the Court hath resolved that they will hear him yet Sir thus much I must tell you before-hand which you have been minded of at other Courts that if that you have to say be to offer any Debate concerning jurisdiction you are not to be heard in it you have offered it formerly and you have indeed struck at the root that is the power and Supreme Authority of the Commons of England which this Court will not admit a debate of and which indeed is an irrational thing in them to do being a Court that acts upon Authority denived from them that they should presume to judge upon their Superiority from whom there is no Appeal But Sir if you have any thing to say in defence of your self concerning the matters charged the Court hath given me command to let you know they will hear you King Since that I see that you will not hear any thing of debate concerning that which I confess I thought most material for the peace of the Kingdom and for the Liberty of the Subject I shall wave it I shall speak nothing to it but only I must tell you That this many a day all things have been taken away from me but that that I call more dear to me than my life which is My Conscience and my Honour and if I had respect to my life more than the Peace of the Kingdom the Liberty of the Subject certainly I should have made a particular defence for my self for by that at least-wise I might have delayed an ugly Sentence which I believe will pass upon me Therefore certainly Sir as a man that hath some understanding some knowledge of the world if that my true zeal to my Countrey had not overborn the care
to allow him the benefit of a free and general Pardon granted by King James in Parliament in the 21st Year of his Reign and likewise that of the Coronation Presently after the Commons drew up another Declaration of Grievances against the Duke whom they resolved utterly to overthrow though contrary to the Inclination of the King who being thereat incensed dissolved the Parliament the very next day June 15. 1626. and committed the Earl of Bristol to the Tower Publishing a Proclamation for burning all Copies of the said Declaration After which the King Published a Declaration shewing the Grounds and Reasons of his Dissolving this and the former Parliament Then several ways were Resolved on for advancing the Kings Revenue and special care was taken by the Councel for the levying of Customs and Imposts upon all Merchandizes Imported and Exported as being intended to have been settled by the Two last Parliaments but prevented by their sudden Dissolution The Forfeitures of Papists likewise which had been misimployed were now taken into a more strict Account Privy Seals also were issued out and Benevolence proposed and at length a Commission for a General Loan was resolved upon as the most convenient Method since the present state of Affairs admitted not of the way of a Parliament and private Instructions were given to the Commissioners how to manage the business which upon their Faith and Allegiance they were commanded to keep Secret and not to disclose to any About this time some Souldiers returned from Cadiz and were Quattered in the Countreys and Money was raised for them which made this Loan the more unwelcome and Sir Randolph Crew for not appearing vigorous in promoting the Loan was displaced from being L. Chief Justice and Sir Nich. Hyde advanced in his place the Bishop of Lincoln was likewise informed against in the Star Chamber by Sir John Lamb and Dr. Sybthorp for speaking against the Loan and seeming to favour the Puritans and Nonconformists Not long before which Bishop Laud hearing that the Bishop of Lincoln endeavoured to ingratiate himself with the D. of Buckingham Dreamed That the Bishop came to him with Iron Chains but returned free from them that he leaped upon a Horse departed and he could not overtake him which was afterwards interpreted concerning the Bishop of Lincolns taking Arms for the Parliament in Wales and his being at liberty when Bishop Laud was imprisoned in the Tower There were several Occasions at this time which required considerable Supplies of Money for besides that of the Palatinate there was great probability of a War with France upon this Occasion the French King Lewis the 13. had borrowed of his Brother in Law the King of England a Man of War called the Vauntguard and six other Merchants Ships in pursuance of a Design against Italy but with this express Condition that they should not be imployed against the Protestants at Rochel there having been an Agreement lately made between them and their King by the Mediation of the English Ambassadors But Mounsieur Soulize who was for the Protestants taking the Advantage of the French Armies going into Italy suddenly broke that Agreement for getting some small Ships together he Surprized the Isle of Rhe and some Ships in the Harbour at which the French King being offended turns his whole Design from Italy to Rochel and with the Seven English Ships under Admiral Pennington Twenty Dutch Ships and the French Navy he furiously falls upon Soulize forceth him from his Fastness and chaseth him to the Isle of Oleron The King of England was much concerned at this Action of the French King as a breach of his Royal Word and demanded Satisfaction which the French King deferring to give the King Seized a Rich French Ship and the French King Arrested the Goods of the English Merchants in France to the value of Three Hundred Thousand Pounds but at length all was Reconciled and Restored on both sides Thus all seemed quiet at present till the Insolent deportment of the Queens Priests and Confessor made another Rupture who Imposed upon her to go bare-foot to Spin to wait upon her Servants at their Dinners nay to walk on Foot on a Rainy Morning from Somerset-House to St. Jameses and from thence as far as Tybourn Gallows to offer up her Prayers for the Souls of some Jesuits whom they stiled Martyrs who were formerly Executed there her Confessor himself Riding by her in a Coach These and several other Arrogancies being justly charged upon the Queens French Domestick Servants they were paid off discharged and sent home Upon which the French Arrested the Ships of the English Wine Merchants at Blay Castle which was so ill Resented by his Majesty of Great Britain that he resolved upon a Breach with France But about the same time the English Fleet under the L. Willoughby which were sent to the Aid of the Rochellers were so scattered by a Storm that they could scarce get into safe Harbour The Assessment of the Loan was generally opposed whereupon the People of the lower Rank were ordered to appear in the Military Yard near St. Martins in the Fields before the Lieutenant of the Tower to be Listed for Souldiers it being thought fit that those who refused to assist with their Purses in Common Defence should be forced to serve in their Persons others of better Quality were bound to appear at the Council Table several of whom were committed Prisoners to the Fleet Marshalsea Gatehouse and other Prisons and among them Sir John Eliot who Petitioned his Majesty and repeated many Presidents That all manner of Aids and Taxes informer Kings Reigns were never levied but by the general Consent of the Nobility and Commons Assembled in Parliament However he was committed Prisoner to the Gatehouse and upon the same Account Sir Peter Hayman was commanded to Serve his Majesty in the Palatinate which after he had settled his Estate he did acordingly Doctor Sybthorp and Dr. Maynwaring two Eminent Preachers at Court about this time preached up the Necessity and Duty of the Loan one of them Asserting That the Prince hath Power to Direct his Councel and make Laws and that Subjects if they cannot Exhibit Active Obedience in Case the thing commanded should be against the Law of God or Nature or more Impossible yet nevertheless they ought to yield Passive Obedience and in all other Cases they were bound to Active Obedience The other Affirmed That the Kings Royal Command in Imposing of Loans and Taxes though without common consent in Parliament did Oblige the Subjects Conscience upon Pain of Eternal Damnation Which Positions being entertained by the Court with Applause the Sermon of Dr. Sybthorp call'd Apostolick Obedience was Licensed and Approved of by Dr. Laud B. of London and an express Command was sent from the King to Archbishop Abbot to License it which he refused whereupon having been under some disfavour before this Increased it and he was suspended from his Archiepiscopal See and a Commission was
Son and Heir for Rape and Sodomy many unnatural and beastly Actions being proved against him whereupon he received Sentence to be Hanged but had the Favour to be Beheaded at Tower-hill This Earl was born of a very honourable Family and educated in the Protestant Religion but turned Papist to have the more liberty to commit wickedness in which he grew to so great aheight that he impudently declared in the presence of some Lords As others had their several Delights some in one thing some in another so his whole Delight was in damning Souls by enticing Men to such Acts as might surely effect it About this time Sir Giles Allington was Convented for Marrying his own Niece and was fined Twelve thousand Pound to the King and to give Twenty thousand Pound Bond never to cohabit or come in private with his Niece again and both of them to do Penance at St. Pauls Cross or St. Maries in Cambridge which they accordingly did The Protestants were very much discontented in Ireland that the Papists were discharged from paying the State Penalty of Twelve Pence a Sunday for not going to Church whereby their Number was wonderfully increased Whereupon the King recalled the Lords Justices who then governed that Kingdom and sent Viscount Wentworth afterward Earl of Strafford thither as Lord Deputy as judging that these distempers would be better composed under a single Government In the year 1633 and the 9th of his Majesties Reign the King made a Journey into Scotland attended with several of the Nobility and Persons of Quality and June 18 was solemnly Crowned King at Edenbourgh which Solemnity being finished the King calls a Parliament and passeth an Act for Ratification of the old Acts though some affirmed That the Confirmation of Episcopacy was intended thereby and therefore though in vain opposed it upon which some of those Persons became a while after principal Men among the Covenanters In this Scottish Parliament that Nation shewed then some signs of diaffection to the King by Reason of several Acts which then passed and the generality of the People who without doubt were influenced by the greater Malecontents would not suffer the Bishop of Dumblain Dean of the Kings Private Chappel there to perform Prayers twice a day after the English manner neither durst they receive the Communiou on their knees nor wear a Surplice upon Sundays and Holy days Not long before his Majesty went to Scotland being desirous if possible to have prevented that Trouble the King writ to a Scottish Lord who was intrusted with that Crown to bring it into England that he might be Crowned here but the Lord returned Answer That he durst not be so false to his Trust but if his Majesty would be pleased to accept thereof in Scotland he should find those his People ready to yield him the highest Honour but if he should long defer that Duty they might perbaps be inclined to make choice of another King A very strange and unusual Answer from a Subject to a Prince October 13 1633. The Queen was delivered of her Second Son who was Baptized James and designed Duke of York and about that time died George Abbot L. Archbishop of Canterbury and William Laud Bishop of London was Elected into his place In the Year 1634 the English Coasts were very much Infested by Pyrates and the Fishing Trade almost ingrossed by the Hollanders and his Majesty having occasion for Money to Regain his Absolute Dominion over the Brittish Seas the Design of Shipmoney was first set on foot and Attorney General Noy being consulted about it he out of some old Records finds an Ancient President of Raising a Tax upon the Nation by the Authority of the King alone for setting out a Navy in case of danger which was thereupon accordingly put in Execution and by this Tax the King raised by Writ above Twenty thousand pound a Month though not without great discontent both among the Clergy and Laiety The Discontents in Scotland began to increase and a Book was published charging the King with indirect proceedings in the last Parliament and a tendancy to the Romish Belief and to blow up these Scoth Sparks to a Flame Cardinal Richlieu sent over his Chaplain and another Gentleman to heighten their Discontents The Author of that Book was seized and found to be abbetted by the Lord Balmerino the Treacherous Son of a perfidious Father who was thereupon Arraigned by his Peers and Sentenced to Death but Pardoned by the King At this time Gregory Panzani a Priest was sen over by the Pope with a Commission of Oyer and Terminer to decide the difference between the Jesuites and Secular Priests and Insinuating himself into the Favour of the Lord Cottington and Secretary Windebank he endeavours to discover how far the King might be perswaded about giving Toleration to the Popish Religion as to allow them a Popish Bishop to reside here but nominated and limited by the King and that the Pope might send a Nuncio to the Queen but having made some agreement between the Jesuites and Priests Panzani returned to Rome and left the further transacting of Business to Seignior Con who staid in his room In the year 1635 A Noble Fleet was fitted out by the Supply of Shipmoney consisting of Forty Sail under the Earl of Lindsey to scour the Seas from Pyrates at which time the French and Hollanders had confederated against the Spaniard in Flanders both by Land and Sea but the English Fleet removed the Hollanders from before Dunkirk and the Common People inraged by the French insolencies at Land rose up against them and Assisted the Spaniard to expel them the Countrey One Robert Par of Shropshire a Man almost an Hundred and threescore years old was this year brought to London by the Earl of Arundel as a Rarity or Miracle where he dyed soon after though it is very probable he might have lived much longer if he had continued at home for his removal from his own Air change of Diet and the tediousness of so long a Journey may be supposed to have hastned his end December 23 1635. the Lady Elizabeth the Kings Second Daughter was born and to Congratulate the Queens happy delivery the Hollander sent an Ambassador with a present of an extraordinary value that is a Massy Piece of Ambergreece Two large and almost Transparent China Dishes a Clock of most excellent Workmanship which was made by Rodulphus Emperour of Germany and likewise several curious pieces of Painting Dr. William Juxon Bishop of London about this time was made Lord Treasurer in the place of the L. Weston Earl of Portland deceased And now great differences arose about Church matters chiefly occasioned by Arch Bishop Lauds strict and zealous Enjoyning of Ceremonies as placing the Communion Table at the East end of the Church upon an Ascent with Rails Altar fashion with many other things not formerly strictly insisted on and now vehemently opposed by those who were usually called Puritans and
Protestation to maintain with Life Power and Estate the True Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations Which was ordered to be printed and published through the Kingdom May 5. The Lords acquainted the Commons That they thought it the safest course to lay by the Bill of Attainder because it brought in the King for Judge And the next day they debated the several Articles of his Impeachment and voted the Earl guilty of High Treason upon Two of them that is the 15th For Levying of moneys in Ireland by force in a Warlike manner And the 16th For Imposing an Oath upon the Subjects of Ireland The Commons had now finished a Bill For the Continuance of the Parliament which having passed the Lords was tendred to the King to be signed together with the Bill of Attainder His Majesty answered That on Monday following he would satisfie them and on the Sunday before the King spent the whole day in consulting about the Earl of Strafford with the Judges and Bishops The Judges told him That in point of Law according to the Oath made by Sir H. Vane of the Earls advice to raise Horse to awe this Nation he was guilty of Treason In the evening the Five Bishops viz. of Armagh London Durham Lincoln and Carlisle were called in to the King to satisfie his Conscience about it who all agreed That the King might shew mercy without any scruple and that he could not condemn the Earl if he did not think him Guilty This was to matter of Fact but as to matter of Law He was to rest in the Opinion of the Judges Monday May 10. The King gives Commission to several Lords to pass Two Bills one the Bill of Attainder against the Earl of Strafford The other For Continuing the Parliament during the pleasure of both Houses Which last Act was occasioned for satisfying the Scots who required Vast Sums of Money and for disbanding both the Armies whereby great Taxes were laid upon the People by Act of Parliament which could not possibly be levied in a short time and therefore there needed a present Supply from the City of London who as it was alledged would not part with their money least a Dissolution of the Parliament should happen before payment upon which Account the King was pressed to pass this Act. The same day the Bill was passed against the Earl of Strafford the King sent Sir Dudley Carlton Secretary of State to acquaint the Earl with what was done and the motives thereto whereat the Earl was greatly astonisht but the next day the King being troubled writes a Letter with his own hand to the House of Lords and sent it by the Prince of Wales telling them That whereas Justice had been satisfied in his Condemnation an intermixture of mercy would not now be unseasonable and therefore he desired them that if it might be done without any discontent to the People the Earl might be permitted to fulfil the Natural Course of his Life in close Imprisonment sequestred from all Publick Affairs provided he never attempted to make an Escape however he thought it a work of Charity to repreive him till Saturday But nothing could be obtained in favour of him but that the Lords said Their Intention was to be suitors to His Majesty to shew favour to his innocent Children and that whatever provision himself had made for them it might be confirmed Some Designs were said to have been laid for his Escape however May 12 1641 the Earl of Strafford was conveyed from the Tower by a Guard consisting of the Trained Bands Marshals men Sheriffs Officers and Warders of the Tower Before him went his Gentleman-Usher bare headed and he himself followed accompanied with the Archbishop of Armagh and others As he went along he passed by Arch-bishop Lauds Lodging and spying him at the Window he called to him for his Prayers and his Blessing but the Bishop at the sight of him was so surpriz'd that for some time he could not recollect himself and being reprehended by his Friends of an undecent Pusillanimity He Replyed That he doubted not but when that bitter Cup should come to his turn he should taste it with a most Christian Courage The Earl being come to the Scaffold upon Tower-hill addrest himself to the Arch-bishop of Armagh to this Effect That he was come to pay the laâ—â— Debt he owed to Sin with a good hope of rising agaiâ— to Righteousness That he dyed willingly forgave alâ— and submitted to Justice He professed himself guiltless as to the matter for which he dyed He wished aâ—â— prosperity to the King and People and acquitted him from the guilt of his death as having acted thereiâ— no otherwise then as constrained He advised his Adversaries to repent of their Violent Proceedings againâ—â— him and telling them that he thought it a strange waâ— to write in Blood the beginning of Reformation and Settlement of the Kingdom However he wished that hiâ— Blood might rest and not cry against them He declared He died in the Faith of the Church of England for whose happiness he prayed and concluded his Speech with intreating the Spectators to pray for him After which he kneeled down to Prayer and rising up again took his last leave of his Brother Sir George Wentworth and all his Friends sending his Love to his Wife and his Blessing to his Children with a most strict Injunction to His Onely Son Never to meddle with the Patrimony of the Church And theâ— giving the sign to the Executioner his head waâ— severed from his body at the first stroke This was the end of that Great and Able Minister of State who is reported when he heard the King had consented to the Bill of Attainder to have lift up his Eyes to Heaven and clapping his hand upon his heart to have cried out perhaps in immitation of Cardinal Woolseys Complaint Put not your Trust in Princes nor in the Sons of Men for in them is no Salvation And indeed it seemed very hard that he shou'd be made guilty of High Treason by a Bill framed on purpose without former President and to which His Majesties Consent was in a manner extorted and which he afterward bewailed with great remorse of Conscience though it is said the King was not so much convinced by any thing said to him but the chief Motive was a Letter from the Earl wherein he thus concluded Sir To set your Majesty's Conscience at Liberty I do most humbly beseech you for the Preventing of such mischiefs as may happen by your refusal to pass the Bill by this means to remove praised be God I cannot say this accursed but this Unfortunate Thing forth of the way towards that blessed Agreement which God I trust shall forever establish between You and Your Subjects My consent herein shall more acquit you to God then all the world can do beside To a willing man there is no injury