in Parliament The Right Honorable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and a Commissioner of Sewers and a Deputy Lieutenant within the East-Riding of Yorkshire his Lordship is presented to be a Popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are Popish Recusants and some of them convicted William Lord Eury in Commission for the Sewers in the East-Riding a convict Popish Recusant Henry Lord Abergaveney John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner of Sewers in Com. Lanc. himself suspected and his wife a Recusant Iohn Lord Mordant Commissioner of the Peace Sewers and Subsidie in Com. Northampton Iohn Lord St Iohn of Basing Captain of Lidley Castle in Com. Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York Com. Eborac Ville Kingston super Hull presented the last time and continuing still to give suspition of his ill-affection in Religion 1. By never coming to the Cathedral Church upon those dayes wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common dayes as other Presidents were accustomed but publickly departing out of the Church with his servants upon those dayes when the rest of the Council Lord Major and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawkes on those dayes 4. By causing such as are known to be firm on those dayes in the Religion established to be left out of Commission which is instanced in Henry Alured Esquire by his Lordships procurement put out of the Commission of Sewers or else by keeping them from executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lorship hath refused to give the Oath being appointed 5. By putting divers other ill-affected persons in Commission of the Council of Oyer and Terminer and of the Sewers and into other Places of Trust contrary to his Majesties gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish ships of War upon the Coasts of Scarborough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the house of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect and did likewise refuse to shew the Commissioners who were to be imployed for disarming of Popish Recusants the original Letters of the Privy-Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and Store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that service 8. By denying to accept a Plea tendred according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plaintiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay costs 9. By the great increase of Recusants since his Lordships coming to that Government in Ianuary 1619. It appearing by the Records of the Sessions that there are in the East-Riding onely One thousand six hundred and seventy more convicted then were before which is conceived to be an effect of his favor and countenance towards them William Langdale Esquire convict of Popish Recusancy Iordan Metham Henry Holm Michael Partington Esquires George Creswell Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their wives Ralph Bridgeman a Non-Communicant Nicholas Girlington whose wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the same Lord President since the Kings Answer never known to have received the Communion his two onely Daughters brought up to be Popish and one of them lately married to Thomas Doleman Esquire a Popish Recusant Anthony Vicount Montague in Commission of the Sewers in Com. Sussex his Lorship a Recusant Papist Sir William Wray Knight Deputy Lieutenant Colonel to a Regiment his wife a Recusant Sir Edw. Musgrave Sir Tho. Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy Lieutenant and Justice of Peace his wife and children Recusants Sir Richard Egerton a Non-Communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his wife indicted and presented William Whitmore Commissioner of the Subsidy his wife and children Recusants Sir Hugh Beeston Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady indicted for Recusancy and his children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his wife a Popish Recusant and eldest son Sir Ralph Conyers Knight Justice of Peace his wife a Popish Recusant Iames Lawson Esquire a Justice of Peace and one of the Captains of the Trained-band his children Popish Recusants and servants Non-Communicants Sir Iohn Shelley Knight and Baronet a Recusant William Scot Esq a Recusant Iohn Finch Esquire not convict but comes not to Church in Commission of the Sewers These are all convicted Recusants or suspected of Popery Sir William Mollineux Deputy Lieutenant and Justice of Peace his wife a Recusant Sir Richard Honghton Knight Deputy Lieutenant his wife and some of his daughters Recusants Sir William Norris Captain of the general Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant Iames Anderton Esquire Justice of Peace and one of his Majesties Receivers his wife a Non-Communicant his son and heir a great Recusant and himself suspected Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his wife and daughters Popish Recusants Edward Criswell Esquire Justice of Peace his wife a Popish Recusant Iohn Parker Gentleman Muster-Master for the County suspected for a Popish Recusant George Ireland Esquire Justice of Peace his wife a Popish Recusant Iohn Preston Esquire Bow-bearer for his Majesty in Westmorland Forest a Recusant Thomas Covill Esquire Jaylor Justice of Peace and Quorum his Daughter a Recusant married Sir Cuthbert Halsal Justice of Peace his wife a Recusant Richard Sherborn Esquire Justice of Peace himself Non-resident his wife and son Recusants Sir George Hennage Knight Sir Francis Metcalf Knight Robert Thorall Esquire Anthony Mounson Esquire William Dallison Esquire in Commissioner of the Sewers and are justly suspected for Popish Recusants Sir Henry Spiller Knight in Commission of Peace for
Middlesex and Westminster and Deputy Lieutenant Valentine Saunders Esquire one of the six Clerks both which are justly suspected to be ill-affected in Religion according to the Acts of State Charles Jones Knight Deputy Lieutenant and Justice of Peace George Milburne Esquire Justice of Peace Edward Morgan Esquire their wives are all Popish Recusants William Jones Deputy Lieutenant Justice of Peace his wife suspected to be a Popish Recusant Iohn Vaughan Captain of the Horse suspected for Recusancy Benedict Hall Receiver and Steward of the Dutchy of Lancaster he and his wife are Popish Recusants Sir Thomas Brudenel Knight and Baronet Deputy Lieutenant a Popish Recusant Cuthbert Herone Esquire now Sheriff of Northumberland Justice of the Peace his wife a Recusant Sir William Selby Junior Knight Justice of Peace his wife a Recusant Sir Iohn Canning Knight Justice of the Peace his wife a suspected Recusant Sir Ephraim Widdrington Knight Justice of Peace suspected to be a Recusant Sir Thomas Riddall Knight Justice of Peace his wife and eldest son are Recusants Iohn Widdrington Esquire who came out of the same County before his Majesties Proclamation was published and is now at London attending the Council Table by Commandment and yet not dismist Sir Robert Pierpoint Esquire Justice of Peace his wife a Recusant Sir Anthony Brown Knight Justice of Peace thought to be a Recusant but not convict Sir Henry Beddingfield Knight Deputy Lieutenant and Justice in Oyer and Terminer and in Commission of Sewers Justice of Peace and Captain of a foot Company his wife nor any of his children as is informed come to the Church Thomas Sayer Captain of the Horse his wife comes not to Church Sir William Yelverton Baronet and Justice of Peace not suspected himself but his eldest son and one of his daughters are known Recusants Sir Henry Minne Knight Justice of Peace and Quorum neither he his wife or daughters can be known to have received the Communion and have been presented at the Sessions for Non-conformity Robert Warren Clerk a Justice of Peace justly suspected and that for these Reasons 1. He being in trust for one Ratcliff of Bury deceased for the educating of his son he took him from the School at Twelve years old and sent him beyond the Seas to be brought up there in a Popish Seminary where he hath remained six or seven years as was generally reported 2. One of his Parishioners doubted in some points of Religion being sick and desired to be satisfied by him who confirmed him in the Religion of the Church of Rome which he told to his brothers before his death who are ready to affirm the same but this was divers years since 3. There being Letters directed to four Knights of that County to call the Ministers and other officers before them and to cause them to present all such as absented themselves from the Church and were Popishly affected he was desired to present those within his Parish Church of Welford which he accordingly did but left out at the least one half and being asked why he did so he answered that he was no Informer And being asked of some particulars whether they came to the Church or not his Answer was they did not and why then did he not present them he said they might be Anabaptists or Brownists and would not present them and this certified by three Members of the House 4. He having a brother dwelling in Sudbury that was presented for not coming to the Church he came to one of the Ministers and told him that he took it ill they presented his brother who answered he did it not but if he had known of it he would whereupon he replied He was glad he had a brother of any Religion 5 One of his Parish named Fage having intelligence that there was one in the said Parish that could inform of a Private place where Arms were in a Recusants House in the Parish came to some of the Deputy Lieutenants in Commission for a Warrant to bring the same in form before them to be examined concerning the same and the said Fage delivered the Warrant to the Constable he carried him before the said Mr Warren who rated the said Fage for that he did not come to him first telling him that he was a factious fellow and laid him by the heels for two hours which the said Fage is ready to affirm Sir Benjamin Titchburne Knight and Baronet Justice of Oyer and Terminer Justice of Peace and Deputy Lieutenant and in Commission for the Subsidue his wife children and servants indicted for popish Recusancy Sir Richard Tichburne Knight Justice of Peace his wife presented the last Sessions for having absented her self from the Church for the space of two moneths Sir Henry Compton Knight Deputy Lieutenant Justice of Peace and Commissioner for the Sewers Sir Iohn Shelly Knight and Baronet himself and his Lady Recusants Sir Iohn Gage Knight and Baronet a Papist Recusant Sir Iohn Guilfor Knight Their Ladies come not to Church Sir Edward Francis Knight Their Ladies come not to Church Sir Genet Kempe Knight some of his children come not to Church Edward Gage Esq a Recusant Papist Commissioners of the Sewers Tho Middlemore comes not to Church Commissioners of the Sewers Iames Rolls William Scot Commissioners of Sewers both Recusants Papists Robert Spiller comes not to Church Sir Henry Guilford in Commission for Piracies and for the Sewers and Iohn Thatcher Esquire Commissioner for the Sewers they are either persons convicted or justly suspected Sir Richard Sandford Knight Richard Brewthwait Esquire Gawen Brewthwait Esquire their wives are Recusants Sir William Ambrey Knight Justice of Peace a Recusant Rees Williams a Justice of Peace his wife a convict Recusant and his children Popishly bred as is informed Sir Iohn Coney Knight a Justice of Peace and Deputy Lieutenant his wife a Popish Recusant Morgan Voyle Esquire Justice of Peace his wife presented for not coming to Church but whether she is a Popish Recusant is not known Iohn Warren Captain of the Trained-band one of his sons suspected to be Popishly affected Wherefore they humbly beseech your Majesty not to suffer your loving Subjects to continue any longer discouraged by the apparent sence of that increase both in number and power which by the favor and countenance of such like ill-affected Governors accreweth to the Popish Party but that according to your own wisdom goodness and piety whereof they rest assured you will be graciously pleased to command that Answer of your Majesties to be effectally observed and the Parties above named and all such others to be put out of such Commissions and Places of Authority wherein they now are in your Majesties Realm of England contrary
gracious Pardon of his now Majesty granted to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation Which said Pardon under the Great Seal of England granted the said Duke beareth date the 10. day of February now last past and here is shewn forth unto your Lordships on which he doth most humbly rely And yet he hopeth your Lordships in your Justice and Honor upon which with confidence he puts himself will acquit him of and from those misdemeanors offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch over his actions both publick and private that he shall not give any just offence to any The Duke having put in this Answer earnestly moved the Lords to send to the Commons to expedite their Reply and the Commons did as earnestly desire a Copy of his Answer The next day his Majesty wrote this Letter to the Speaker TRusty and Welbeloved We greet you well Our House of Commons cannot forget how often and how earnestly we have called upon them for the speeding of that Aid which they intended us for our great and weighty affairs concerning the safety and honor of us and our Kingdoms And now the time being so far spent that unless it be presently concluded it can neither bring us Money nor Credit by the time which themselves have prefixed which is the last of this Moneth and being further deferred would be of little use we being daily advertised from all parts of the great preparations of the Enemy ready to assail us We hold it necessary by these our Letters to give them our last and final admonition and to let them know that we shall account all further delays and excuses to be express denials And therefore we will and require you to signifie unto them that we do expect that they forthwith bring in their Bill of Subsidy to be passed without delay or Condition so as it may fully pass the House by the end of the next week at the furthest Which if they do not it will force us to take other resolutions But let them know if they finish this according to our desire that we are resolved to let them sit together for the dispatch of their other affairs so long as the season will permit and after their recess to bring them together again the next Winter And if by their denial or delay any thing of ill consequence shall fall out either at home or abroad We call God and man to witness that We have done our part to prevent it by calling our People together to advise with us by opening the weight of our occasions unto them and by requiring their timely help and assistance in these Actions wherein we stand engaged by their own Councels And we will and command you that this Letter be publickly read in the House About this time there happened at three a clock in the afternoon a terrible storm of Rain and Hail in and about the City of London and with it a very great Thunder and Lightening The graves were laid open in S. Andrews Church-yard in Holborn by the sudden fall of the Wall which brought away the Earth with it whereby many Coffins and the Corps therein were exposed to open view and the ruder sort would ordinarily lift up the lids of the Coffins to see the posture of the dead Corps lying therein who had been buried of the Plague but the year before At the same instant of time there was a terrible Storm and strange Spectacle upon Thames by the turbulencie of the waters and a Mist that arose out of the same which appeared in a round Circle of a good bigness above the waters The fierceness of the Storm bent it self towards York-House the then habitation of the Duke of Buckingham beating against the stairs and wall thereof And at last this round Circle thus elevated all this while above the water dispersed it self by degrees like the smoke issuing out of a Furnace and ascended higher and higher till it quite vanished away to the great admiration of the beholders This occasioned the more discourse among the Vulgar in that Doctor Lamb appeared then upon Thames to whose Art of Conjuring they attributed that which had happened The Parliament was then sitting and this Spectacle was seen by many of the Members out of the windows of the House The Commons agreed upon this ensuing Petition to his Majesty concerning Recusants To the Kings most Excellent Majesty YOur Majesties most obedient and loyal Subjects the Commons in this present Parliament assembled do with great comfort remember the many Testimonies which your Majesty hath given of your sincerity and zeal of the true Religion established in this Kingdom and in particular your gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the Increase of Popery That your Majesty thought fit and would give order to remove from all Places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal cause of that mischief But not having received so full redress herein as may conduce to the peace of this Church and safety of this Regal State They hold it their duty once more to resort to your Sacred Majesty humbly to inform you that upon examination they find the persons underwritten to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the first sitting of the Parliament did remain in places of Government and Authority and Trust in your several Counties of this your Realm of England and Dominion of Wales The Right Honorable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northampton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North-Riding of Yorkshire by sending a Licence under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Helmsley in the said North-Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter-Sessions discharged from keeping an Alehouse because he was a Popish convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollers within the said Mannor of Helmsley that formerly had his Licence to teach Schollers taken from him for teaching Schollers that were the children of Popish Recusants and because he suffered these children to absent themselves from the Church whilest they were his Schollers for which the said Conyers was formerly complained of
of thrée honorable Lords to impart unto us the weighty occasions moving your Majesty thereunto and from them we did understand these particulars That notwithstanding your Princely and pious endeavors to procure peace the time is now come that Janus Temple must be opened That the voice of Bellona must be heard and not the voice of the Turtle That there was no hope of peace nor any truce to be obtained no not for a few days That your Majesty must either abandon your own Children or engage your self in a War wherein consideration is to be had what Foot what Horse what Money will be sufficient That the Lower Palatinate was seised upon by the Army of the King of Spain as Executor of the Ban there in quality of Duke of Burgundy as the Upper Palatinate was by the Duke of Bavaria That the King of Spain at his own charge had now at least five Armies on foot That the Princes of the Union were disbanded but the Catholick League remained firm whereby those Princes so dissevered were in danger one by one to be ruined That the estate of those of the Religion in Foreign parts was miserable and that out of these considerations we were called to a War and forthwith to advise for a supply for kéeping the forces in the Palatinate from disbanding and to foresee the means for raising and maintaining the Body of an Army for the War against the Spring We therefore out of our zeal to your Maiesty and your Posterity with more alacrity and celerity than ever was presidented in Parliament did Address our selves to the service commended unto us And although we cannot conceive That the honor and safety of your Maiesty and your Posterity the Patrimony of your Children invaded and possessed by their enemies the welfare of Religion and State of your Kingdom are matters at any time unfit for our déepest consideration in time of Parliament And though before this time we were in some of these points silent yet being now invited thereunto and led on by so iust an occasion we thought it our duties to provide for the present supply thereof and not onely to turn our eyes on a War abroad but to take care for the securing of our peace at home which the dangerous increase and insolency of Popish Recusants apparently visibly and sensibly did lead us unto The consideration whereof did necessarily draw us truly to represent unto your Maiesty what we conceive to be the causes what we feared would be the effects and what we hoped might be the remedies of these growing Evils among which as incident and unavoidable we fell upon some things which séem to touch upon the King of Spain as they have relation to Popish Recusants at home to the Wars by him maintained in the Palatinate against your Maiesties Children and to his several Armies now on foot yet as we conceived without touch of dishonor to that King or any other Prince your Maiesties Confederate In the Discourse whereof we did not assume to our selves any power to determine of any part thereof nor intend to incroach or intrude upon the Sacred Bounds of Your Royal Authority to whom and to whom onely we acknowledge it doth belong to resolve of Peace and War and of the Marriage of the most Noble Prince your Son But as your most loyal and humble Subjects and Servants representing the whole Commons of your Kingdom who have a large Interest in the happy and prosperous estate of your Majesty and your Royal Posterity and of the flourishing estate of our Church and Commonwealth did resolve out of our Cares and Fears truly and plainly to demonstrate these things to your Majesty which we were not assured could otherwise come so fully and clearly to your knowledge and that being done to lay the same down at your Majesties féet without expectation of any other Answer of your Majesty touching these higher points then what at your good pleasure and in your own time should be held fit This being the effect of that we had formerly resolved upon and these the Occasions and Reasons inducing the same Our humble suit to your Majesty and confidence is That your Majesty will be gratiously pleased to receive at the hands of these our Messengers our former humble Declaration and Petition and vouchsafe to read and favorably to interpret the same and that to so much thereof as containeth our humble Petition concerning Iesuits Priests and Popish Recusants the Passage of Bills and Granting your Royal Pardon you will vouchsafe an Answer unto us And whereas your Majesty by the general words of your Letter séemeth to restrain us from intermedling with Matters of Government or Particulars which have their motion in the Courts of Iustice the generality of which words in the largeness of the extent thereof as we hope beyond your Majesties intention might involve those things which are the proper Subjects of Parliamentary occasions and discourse And whereas your Majesty doth séem to abridge us of the Antient Liberty of Parliament for Fréedom of Spéech Iurisdiction and Iust Censure of the House and other procéedings there wherein we trust in God we shall never transgress the bounds of Loyal and Dutiful Subjects a Liberty which we assure our selves so Wise and so Iust a King will not infringe the same being our antient and undoubted Right and an Inheritance received from our Ancestors without which we cannot fréely debate nor clearly discern of things in question before us nor truly inform your Majesty In which we have béen confirmed by your Maiesties most gratious former Spéeches and Messages We are therefore now again inforced in all humbleness to pray your Maiesty to allow the same and thereby to take away the Doubts and Scruples your Maiesties late Letter to our Speaker hath wrought upon us So shall we your loyal and loving Subiects ever acknowledge your Maiesties Iustice Grace and Goodness and be ready to perform that service to your Maiesty which in the true affection of our hearts we profess and pour out our daily and devout Prayers to the Almighty for your Maiesties long life happy and religious Reign and prosperous Estate and for your Royal Posterity after you for ever The King having rejected the first Petition gave to the later this Answer following WE must here begin in the same fashion that we would have done if the first Petition had come to our hands before we had made a stay thereof which is to repeat the first words of the late Queen of famous memory used by her in answer to an Insolent Proposition made by a Polonian Ambassador unto her that is Legatum expectabamus Heraldum accipimus For we had great reason to expect that the first Message from your House should have been a Message of Thanksgiving for our continued gratious behavior towards our people since your last Recess not onely by our Proclamation of Grace wherein were contained Six or seven and thirty Articles all of several
so we pray God that this desire among you of kindling Wars shewing your weariness of peace and plenty may not make God permit us to fall into the miseries of both But as we already said our care of Religion must be such as on the one part we must not by the hot persecution of our Recusants at home irritate Foreign Princes of contrary Religion and teach them the way to plague the Protestants in their Dominions with whom we daily intercede and at this time principally for ease to them of our profession that live under them Yet upon the other part we never mean to spare from due and severe punishment any Papist that will grow insolent for living under our so mild Government And you may also be assured we will leave no care untaken as well for the good Education of the Youth at home especially the children of Papists as also for preserving at all times hereafter the Youth that are or shall be abroad from being bred in dangerous places and so poisoned in Popish Seminaries And as in this point namely the good education of Popish youth at home we have already given some good proofs both in this Kingdom and in Ireland so will we be well pleased to pass any good Laws that shall be made either now or at any time hereafter to this purpose And as to your request of making this a Session and granting a General Pardon It shall be in your defaults if we make nor this a Session before Christmas But for the Pardon ye crave such particulars in it as we must be well advised upon lest otherwise we give you back the double or treble of that we are to receive by your entire Subsidy without Fifteens But the ordinary course we hold fittest to be used still in this case is That we should of our free grace send you down a Pardon from the Higher House containing such points as we shall think fittest wherein we hope ye shall receive good satisfaction But we cannot omit to shew you how strange we think it that ye should make so bad and unjust a Commentary upon some words of our former Letter as if we meant to restrain you thereby of your antient priviledges and liberties in Parliament Truly a Scholar would be asham'd so to misplace and misjudge any sentences in another mans book For whereas in the end of our former Letter we discharge you to meddle with matters of Government and Mysteries of State namely matters of War or Peace or our dearest Son's Match with Spain by which particular denominations we interpret and restrain our former words And then after we forbid you to meddle with such things as have their ordinary course in Courts of Justice Ye couple together those two distinct sentences and plainly leave out these words Of Mysteries of State so as ye erre à bene divisis ad male conjuncta For of the former part concerning Mysteries of State we plainly restrain our meaning to the particulars that were after mentioned And in the latter we confess we meant it by Sir Edward Cook 's foolish business And therefore it had well became him especially being our Servant and one of our Council to have complained unto us which he never did though he was ordinarily at Court since and never had access refused unto him And although we cannot allow of the stile calling it Your antient and undoubted Right and Inheritance but could rather have wished that ye had said That your Priviledges were derived from the grace and permission of our Ancestors and Us For most of them grow from Precedents which shews rather a Toleration then Inheritance Yet we are pleased to give you our Royal assurance that as long as you contain your selves within the limits of your duty we will be as careful to maintain and preserve your lawful Liberties and Priviledges as ever any of our Predecessors were nay as to preserve our own Royal Prerogative So as your House shall only have need to beware to trench upon the Prerogative of the Crown which would enforce us or any just King to retrench them of their Priviledges that would pare his Prerogative and Flowers of the Crown But of this we hope there shall be never cause given Dated at Newmarket the Eleventh day of December 1621. The Lord Keeper Williams advised That the harshness of this Answer should be mitigated with a Letter from his Majesty to the Houses For said he his Majesty rightly inferrs That their Priviledges which they claim to be their Natural birthrights are but the favors of former Kings Now the Kings assertion and their Claim may easily be reconciled if men were peaceably disposed and affected the dispatch of Common business These Priviledges were originally the favor of Princes neither doth his Majesty go about to impair or diminish them Therefore if his Majesty would be pleased to qualifie the passage with some mild and noble expression and require them strictly to prepare things for a Session and to leave those needless disputes He shall make it appear to all wise and just men that those persons are opposite to those Common ends whereof they vaunt themselves the onely Patrons Will the King be pleased to add in this Letter That if they will not prepare Bills for a Session he will break up the Parliament without any longer Prorogation acquainting the Kingdom with their undutifulness and obstinacie and supply the present wants by some other means Or else will he adjourn the present Assembly to the appointed Eight of February This latter course is fitter for further Advice but the former to express a just indignation The Lord Digby minded the Peers That this Session was called for the present support of the Palatinate as was declared by the Message from his Majesty to both Houses in the beginning thereof He reported also That he had received many great Advertisements of that Countries present distress and danger by the Duke of Bavaria and that the Army of Mansfeld who came in for defence if he be not speedily supplied with monies is in a possibility of deserting the service For he hath fair offers of making his Peace but nothing will take with him being in hopes of relief from England But the Parliament thought it their duty as well to advise his Majesty as to supply his wants December 19. The Prince delivered to the Clerk the Commission for an Adjournment to the Eight of February Which discontented the Commons and good people of England foreseeing a Dissolution by Gondomar's means Before the Adjournment in vindication of their Parliamentary rights and Priviledges the Commons made and entred this Protestation following THe Commons now assembled in Parliament being justly occasioned thereunto concerning sundry Liberties Franchises and Priviledges of Parliament amongst others here mentioned do make this Protestation following That the Liberties Franchises Priviledges and Iurisdictions of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects
I deserved better at their hands After this the King purposing to signifie to the King of Spain That his Parliament had advised him to break off the Treaties and to recover the Palatinate by War The notice of a sharp Petition against Popish Recusants framed by the House of Commons and sent up to the Lords for their Concurrence did a little stagger his Resolution as appeareth by the following Letter written with his own hand to Secretary Conway I Doubt not but you have heard what a stinging Petition against the Papists the Lower House have sent to the Higher House this day that they might joyntly present it unto me Ye know my firm resolution not to make this a War of Religion and seeing I would be loth to be Coney-catched by my people I pray you stay the Post that is going to Spain till I meet with my Son who will be here to morrow morning Do it upon pretext of some more Letters ye are to send by him and if he should be gone hasten after him to stay him upon some such pretext and let none living know of this as you love me And before two in the afternoon to morrow you shall without fail hear from me Farewell James R. The Petition which the King called a stinging one was intended to be presented to his Majesty from both Houses in form as followeth May it please your most Excellent Majesty WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled having to our singular Comfort received your Princely Resolution upon our humble Petition to dissolve the two Treaties of the Match and of the Palatinate and having on our parts with all alacrity and readiness humbly offered our assistance to your Majesty to maintain the War which may ensue thereupon Yet withal sensibly finding what Seditious and Traiterous Positions those Incendiaries of Rome and professed Engines of Spain the Priests and Iesuites infuse into your natural born Subjects what numbers they have seduced and do daily seduce to make their dependance on the Pope of Rome and King of Spain contrary to their Allegiance to your Majesty their Liege Lord What daily resort of Priests and Iesuites into your Kingdoms what Concourse of Popish Recusants much more then usual is now in and about the City of London what boldness yea what insolency they have discovered out of the opinion conceived of their foreign Patronage what publick resort to Masses and other Exercises of the Popish Religion in the houses of foreign Ambassadors there is daily to the great grief and offence of your good Subjects what great preparations are made in Spain sit for an Invasion the bent whereof is as probable to be upon some part of your Majesties Dominions as upon any other place what encouragement that may be to your Enemies and the Enemies of your Crown to have a party or but the opinion of a party within your Kingdoms who do daily increase and combine themselves together for that purpose what disheartening of your good and loving Subjects when they shall see more cause of fear from their false-hearted Countreymen at home then from their professed Adversaries abroad what apparent dangers by Gods providence and your Majesties wisdom and goodness they have very lately escaped which the longer continuance upon those Treaties upon such unfitting Conditions fomented by your own ill-affected Subjects would surely have drawn upon your Majesty and your State Do in all humbleness offer unto your sacred Majesty these their humble Petitions following I. That all Iesuites and Seminary Priests and all others having taken Orders by any Authority derived from the Sea of Rome may by your Maiesties Proclamation be commanded forthwith to depart out of this Realm and all other your Highness ' s. Dominions and neither they nor any other to return or come hither again upon peril of the severest penalty of the Laws now in force against them and that all your Majesties Subjects may hereby also be admonished not to receive entertain comfort or conceal any of that viperous brood upon penalties and forfeitures which by the Lawes may be imposed upon them II. That your Majesty would be pleased to give streight and speedy charge to the Iustices of Peace in all parts of this Kingdom that according to the Laws in that behalf made and the Orders taken by your Majesties Privy-Councel heretofore for policy of State they do take from all Popish Recusants legally convicted or justly suspected all such Armor Gunpowder and Munition of any kinde as any of them have either in their own hands or in the hands of any other for them and to see the same safely kept and disposed according to the Law leaving for the necessary defence of their house and persons so much as by the Law is prescribed III. That your Majesty will please to command all Popish Recusants and all other who by any Law or Statute are prohibited to come to the Kings Court forthwith under pain of your heavy displeasure and severe Execution of your Laws against them to retire themselves their wives and families from or about London to their several dwellings or places by your Laws appointed and there to remain confined within five miles of their dwelling places according to the Lawes of this your Realm And for that purpose to discharge all By-past Licences granted unto them for their repair hither And that they presume not any time hereafter to repair to London or within ten miles of London or to the Kings Court or to the Princes Court wheresoever IV. That your Majesty would forbid and restrain the great resort and concourse of your own Subjects for the hearing of Masse or other Exercises of the Romish Religion to the houses of foreign Ambassadors or Agents residing here for the service of their several Princes or States V. That where of late in several Counties in this Realm some have been trusted in the places of Lord-Lieutenants Deputy-Lieutenants Commissioners of Oyer and Terminer Iustices of Peace and Captains of their Countries which are either Popish Recusants or Non-Communicants by the space of a year now last past or which do not usually resort to the Church to Divine service and can bring no good Certificate thereof that your Majesty would be pleased to discharge them from these places of trust by which they have that power in the Countrey where they live as is not fit to be put into the hands of persons so affected VI. That your Majesty would be pleased generally to put the Lawes in due Execution which are made and stand in force against Popish Recusants And that all your Iudges Iustices and Ministers of Iustice to whose care these things are committed may by your Maiesties Proclamation be commanded to do their duty therein VII That seeing we are thus happily delivered from that danger which these Treaties now dissolved and that use which your ill-affected Subiects made thereof would certainly have
That Images may be used for the instruction of the Ignorant and excitation of Devotion V. That in the same Homily it is plainly expressed That the attributing the defence of certain Countries to Saints is a spoiling God of his honor and that such Saints are but Dii tutelares of the Gentiles Idolators The said Richard Montague hath notwithstanding in his said Book Entituled A Treatise concerning the Invocation of Saints affirmed and maintained That Saints have not onely a Memory but a more peculiar Charge of their Friends and that it may be admitted That some Saints have a peculiar Patronage Custody Protection and Power as Angels also have over certain Persons and Countries by special deputation and that it is no impiety so to believe Whereas in the seventeenth of the said Articles it is resolved That God hath certianly Decreed by his Counsel secret to us to deliver from Curse and Damnation those whom he hath chosen in Christ out of mankinde and to bring them by Christ to everlasting Salvation wherefore they which be endued with so excellent a benefit of God be called according to Gods purpose working in due season they through Grace obey the Calling they be justified freely walk Religiously in good works and at length by Gods mercy attain to everlasting felicity He the said Richard Montague in the said Book called The Appeal doth maintain and affirm That men justified may fall away and depart from the state which once they had they may arise Again and become new men possibly but not certainly nor necessarily and the better to countenance this his opinion he hath in the same Book wilfully added falsified and charged divers words of the sixteenth of the Articles before mentioned and divers other words both in the Book of Homilies and in the Book of Common-Prayer and so misrecited and changed the said places he doth alleadge in the said Book called The Appeal endeavouring thereby to lay a most wicked and malicious scandal upon the Church of England as if he did herein differ from the Reformed Churches of England and from the Reformed Churches beyond the Seas and did consent to those pernitious Errors which are commonly called Arminianism and which the late famous Queen Elizabeth and King Iames of happy memory did so piously and diligently labour to suppress That the said Richard Montague contrary to his Duty and Allegiance hath endeavored to raise great Factions and Divisions in this Common-wealth by casting the odious and scandalous name of Puritans upon such his Majesties loving Subjects as conform themselves to the Doctrine and Ceremony of the Church of England under that name laying upon them divers false and malicious Imputations so to bring them into jealousie and displeasure with his most Excellent Majesty and into reproach and ignominy with the rest of the people to the great danger of Sedition and Disturbance in the State if it be not timely prevented That the Scope and end of the said Richard Montague in the Books before mentioned is to give encouragement to Popery and to withdraw his Majesties Subjects from the true Religion established to the Roman Superstition and consequently to be reconciled to the Sea of Rome All which he laboreth by subtile and cunning ways whereby Gods True Religion hath been much scandalized those Mischiefs introduced which the wisdom of many Laws hath endeavored to prevent the Devices and Practices of his Majesties Enemies have been furthered and advanced to the great peril and hazard of our Soveraign Lord the King and of all his Dominions and loving Subjects That the said Richard Montague hath inserted into the said Book called The Appeal divers passages dishonorable to the late King his Majesties Father of famous memory full of bitterness railing and injurious Speeches to other persons disgracefull and contemptible to many worthy Divines both of this Kingdom and of other Reformed Churches beyond the Seas impious and profane in scoffing at preaching meditating and conferring Pulpits Lectures Bible and all shew of Religion all which do aggravate his former Offences having proceeded from malicious and envenomed heat against the Peace of the Church and the sincerity of the Reformed Religion publickly professed and by Law established in this Kingdom All which Offences being to the dishonor of God and of most mischievous effect and consequence against the good of this Church and Commonwealth of England and of other his Majesties Realms and Dominions The Commons assembled in Parliament do hereby pray That the said Richard Montague may be punished according to his Demerits in such exemplary manner as may deter others from attempting so presumptuously to disturb the Peace of Church and State and that the Book aforesaid may be suppressed and Burnt Whether an Answer was made to these Articles by Mr Montague we cannot tell for upon search we can finde none About the same time his Majesty being informed that there was great liberty taken by divers of his Subjects to resort to the hearing of Masse at Durham-house in the Lodgings of a Foraign Ambassodor the Privy Council taking notice thereof and accounting it scandalous to this Church and of ill example to be suffered at any time but much more in this time of Parliament required the Bishop of Durham to apprehend such of his Majesties Subjects as should be present at the Masse and to commit them to Prison There was also a Letter sent from the Attorney-General to the Judges of the Circuits to direct their Proceedings against Recusants to this effect THat their Lordships will not omit to publish the Kings Gracious and Religious Determination to go on really and constantly in this way and that out of his bounty and goodness he hath published his Resolution under the Great Seal of England That whatsoever Revenue or Benefit shall arise hereby from Purses of Popish Recusants shall be set apart from his own Treasure and be wholly imployed for the Service of the Commonwealth and shall not be dispensed with to any of what degree soever nor diverted by any the Suits of his Servants or Subjects 2. That their Lordships will be pleased at their first coming into every County within their Circuit to command the Clerk of Assise and Clerk of the Peace to be carefull for the Indictment of Popish Recusants without respect of Persons of what Degree of Honor or Office soever and that they neither make nor suffer to be made any omission or mistaking in their Indictment or other proceedings and that the next Term within ten dayes of the beginning of the Term they give or send to him viz. the Attorney a note in writing who stand indicted of new and that they fail not to certifie the Recusants convicted into the Exchequer by that time That at their Lordships first coming into the County they call the Iustices of Peace then present and the Grand-Iury men to give their Lordships true Information of the Recusants of any Note or Name in that Country and that
they Ordered That all such Duties and Merchandizes shall be levied and paid And they advised the King That the Attorney General prepare for his Majesties Signature an Instrument which may pass under the Great Seal of England to declare his pleasure therein until by Parliament as in former times it may receive an absolute settlement Which passed the Great Seal accordingly The Forfeitures arising to the Crown by the execution of the Laws against Priests Jesuites and Popish Recusants were dedicated to the vast and growing charge of the Designs in hand And Complaint being made against Inferior Officers whose service was herein employed that they had misdemeaned themselves to the oppressing of Recusants without advantage to the King Commissioners of honorable Quality were appointed for the regulating of these proceedings yet no Liberty given to the encouragement or countenance of such dangerous persons as might infect the People or trouble the Peace of Church and State The King therefore Grants a Commission under the Great Seal directed to the most Reverend Father in God Toby Archbishop of York Sir Iohn Savile Knight Sir George Manners Sir Henry Slingsby Sir William Ellis Knights and to divers other Knights and Gentlemen and therein recites THat his Majesty hath received credible Information of the great loss and damages which the Kings Subjects living in Maritime Towns especially in the Northern parts do suffer by depredations attempts and assaults at Sea from Foreign Enemies whereby Trade from those parts are interrupted and the City of London much endamaged for want of Coals and other Commodities usually transported thither from Newcastle upon Tine For redress of which evil his Majesty doth think fit to appropriate and convert all such Debts sums of Money Rents Penalties and Forfeitures of all Recusants inhabiting in the Counties of York Durham Northumberland Cumberland Westmorland Lancaster Nottingham Derby Stafford and Chester which at any time have grown due since the Tenth year of King James and are not yet satisfied or which hereafter shall grow due by reason of any Law or Statute against Recusants to be employed for the maintenance provision arming manning victualling and furnishing of Six able Ships of War for guarding and defending the Coast of this Realm from the furthest North-East point of the Sea unto the mouth of the River of Thames his Majesty further expressing in the said Commission That his Subjects who are owners of Coalâ—Pits the Oast-men of Newcastle upon Tine Owners of Ships and Merchants Buyers and Sellers of Newcastle Coals have béen and are willing to contribute and pay for every Chaldron for the uses aforesaid Wherefore his Majesty upon the considerations before-mentioned doth by his said Commission give power unto the said Commissioners or any four or more of them to treat and make Composition and Agréement with the said Recusants inhabiting within the said Counties for Leases of all their Manors Lands Tenements c. within those Counties for any term of years not excéeding One and forty years and for all Forfeitures due since the Tenth year of King James for their Recusancy in not going to Church to hear Divine Service according to the Laws and Statutes of this Realm under such Condition and Immunities as they or any four of them shall sée méet and convenient according to such Instructions as his Majesty hath or shall give for that purpose his Majesty rather desiring their Conversion then Destruction And such Leases his Majesty doth declare made to the said Recusants themselves or to any persons for their use shall be good and effectual any Law or Statute to the contrary notwithstanding And by the said Commission Sir Iohn Savile was appointed Receiver of all such sums of Money as shall be paid upon these Leases and Mr. Alexander Davison of the Town of Newcastle upon Tine Merchant Adventurer was appointed to receive out of the voluntary and free-wil Contribution of the Owners Buyers and Sellers of Coals the Six pence per Chaldron of Coals In pursuance of this Commission the Recusants did make their Composition upon very easie terms as was afterwards complained of in Parliament A Proclamation was published declaring the Kings Resolution to make his Revenue certain by granting his Lands as well holden by Copy as otherwise to be holden in Fee-farm To the Nobles the King sent particularly to let them know That according to the Presidents of former times wherein the Kings and Queens of England upon such extraordinary occasions have had recourse to those Contributions which arose from the Subjects in general or to the private helps of some that were well affected he doth now expect from them such a large and chearful testimony of their Loyalty as may be acceptable to himself and exemplary to his people His Majesty demanded of the City of London the Loan of an Hundred thousand pounds But the peoples excuses were represented to the Council Table by the Magistrates of the City Immediately the Council sent a very strict command to the Lord Major and Aldermen wherein they set forth the Enemies strong preparations as ready for an Invasion and the Kings great necessities together with his gratious and moderate Proposals in the sum required and the frivolous pretences upon which they excuse themselves Wherefore they require them all excuses being set apart to enter into the business again and to manage the same as appertaineth to Magistrates so highly intrusted and in a time of such necessities and to return to his Majesty a direct and speedy Answer that he may know how far he may relie upon their Faith and Duty or in default thereof may frame his Counsels as appertaineth to a King in such extream and important occasions Moreover a peculiar charge was laid upon the several Ports and Maritime Counties to furnish and set out Ships for the present service The Privy Council expressing his Majesties care and providence to guard his own Coasts against attempts from Spain or Flanders by arming as well the Ships of his Subjects as of his own Navy made a distribution to every Port that with the Assistance and Contribution of the Counties adjoyning they prepare so many Ships as were appointed to them severally and in particular the City of London was appointed to set forth Twenty of the best Ships that lay in the River with all manner of Tackle Sea-stores and Ammunition Manned and Victualled for Three Moneths The Deputy Lieutenants and Justices of the Peace of Dorset having received the Kings Commandment for the setting forth of Ships from the Ports of Pool Weymonth and Lime with the assistance of Contribution from the Counties adjoyning presented to the Council Table an excuse in the behalf both of the Ports and County and pleaded That the Case was without President The Council gave them a check for that instead of Conformity they disputed the Case letting them know That State occasions and the defence of the Kingdom in times of extraordinary danger were not