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
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
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
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
transporting of any such as are here mentioned And his Majesty will take it for good Service if any will give knowledge of any such as have connived or combined or shall connive or combine as is mentioned in this Article that Justice may be strictly done upon them THat considering those dreadful dangers never to be forgotten which did involve your Majesties sacred Person and the whole representative body of your Maiesties Kingdom plotted and framed by the free and common access of Popish Recusants to the City of London and to your Majesties Court Your Majesty would be gratiously pleased to give speedy command for the present putting in practise those Laws that prohibit all Popish Recusants to come to the Court or within ten Miles of the City of London as also those Laws that confine them to the distance of five miles from their dwelling Houses and that such by-past Licenses not warranted by Law as have been granted unto them for their repair to the City of London may be discharged and annulled His Majesties Answer to the third Article TO the third His Majesty will take Order to restrain the recourse of Recusants to the Court and also for the other points in this Article his Majesty is well pleased that the Laws be duely executed and that all unlawful Licenses be annulled and discharged THat whereas it is more then probably conceived that infinite sums of moneys have within these two or three years last past been extracted out of the Recusants within the Kingdom by colour of composition and a small proportion of the same returned unto your Majesties coffers not onely to the suddain enriching of private persons but to the emboldning of Romish Recusants to entertain Massing Priests into their private Houses and to exercise all their Mimique Rites of their gross superstition without fear of control amounting as by their dayly practice and ostentation we may conceive to the nature of a concealed Toleration your Majesty would be gratiously pleased to entertain this particular more neerly into your Princely wisedom and consideration and to dissolve this Mystery of Iniquity patched up of colourable Leases Contracts and Preconveyances being but Masks on the one part of fraud to deceive your Majesty and States on the other part for private men to accomplish their corrupt ends His Majesties Answer to the fourth Article TO the fourth Article his Majesty is most willing to punish for the time past and prevent for the future any of the deceits and abuses mentioned in this Article and will account it a good service in any that will inform Himself his Privy Councel Officers of his Revenues Judges or learned Councel of any thing that may reveal this mystery of Iniquity And his Majesty doth strictly command every of them to whom such information shall be brought that they suffer not the same to die but do their uttermost endeavour to effect a clear discovery and bring the Offenders to punishment And to the intent no concealed toleration may be effected his Majesty leaves the Laws to their course THat as the Persons of Ambassadors from forain Princes and their Houses be free for the exercises of their own Religion so their Houses may not be made free Chappels and Sanctuaries unto your Majesties Subjects popishly affected to hear Mass and to participate in all other Rites and Ceremonies of that Superstition to the great offence of Almighty God and scandal of your Majesties People loyally and religiously affected That either the concourse of Recusants to such places may be restrained or at least such a vigilant watch set upon them at their return from those places as they may be apprehended and severely proceeded withal Ut qui palam in luce peccant in luce puniantur His Majesties Answer to the fifth Article TO the fifth his Majesty is well pleased to prohibit and restrain their coming and resort to the Houses of Ambassadors and will command a vigilant watch to be set for their taking and punishing as is desired THat no place of Authority and Command within any the Counties of this your Majesties Kingdom or any Ships of your Majesties or which shall be imployed in your Majesties Service be committed to Popish Recusants or to Non-communicants by the space of a year past or to any such persons as according to direction of former Acts of State are justly to be suspected as the place and Authority of Lords Lieutenants Deputy Lieutenants Iustices of Peace or Captains or other Officers or Ministers mentioned in the Statute made in the third year of the reign of your Father of blessed memory And that such as by Connivence have crept into such places may by your Majesties Royal Command be discharged of the same His Majesties Answer to the sixth Article TO the sixth his Majesty is perswaded that this Article is already observed with good care nevertheless for the avoiding as much as may be all errors and escapes in that kinde his Majesty will give charge to the Lord Keeper that at the next Term he call unto him all the Judges and take Information from them of the state of their several Circuits if any such as are mentioned in this Article be in the Commission of the peace that due reformation may be made thereof And will likewise give order to the Lord Admiral and such others to whom it shall appertain to make diligent enquiry and certificate to his Majesty if any such be in place of Authority and Command in his Ships or Service THat all your Majesties Iudges Iustices and ministers of Iustice unto whose care and trust execution which is the life of your Majesties Laws is committed may by your Majesties Proclamation not onely be commanded to put in speedy execution those Laws which stand in force against Iesuits Seminary Priests and Popish Recusants but that your Majesty would be further pleased to command the said Iudges and Iustices of Assize to give a true and strict account of their proceedings at their returns out of their Circuits unto the Lord Keeper and by the Lord Keeper to be presented unto your Majesty His Majesties Answer unto the seventh Article To the seventh his Majesty doth fully grant it ANd for a fair and clear eradication of all Popery for the future and for the breeding and nursing up of a holy generation and a peculiar People sanctified unto the true worship of Almighty God that until a provisional Law may be made for the training and educating of the Children of Popish Recusants in the grounds and principles of our holy Religion which we conceive will be of more power and force to unite your people unto you in fastness of love Religion and loyal obedience then all pecuniary Mulcts and Penalties that can possibly be devised Your Majesty would be pleased to take it into your own princely care and consideration these our humble Petitions proceeding from hearts and affections loyally and religiously devoted to God and
that this Colledge was first at Edmonton removed from thence to Camberwel and thence to Clerkenwell Hereupon it was Ordered that all the Knights and Burgesses of the House shall to morrow morning declare what knowledge they have of Letters and other means that have been used for the staying of proceedings against Recusants and Messengers were sent to Mr. Attourney to examine him touching that matter Mr. Long a Justice of Peace who was said to understand much in the same business was likewise sent for and examined and said that by the appointment of Mr. Secretary Cook he apprehended these persons and took their Examinations and said further that he heard they were delivered out of Newgate by Order from Mr. Attourney That Mr. Middlemore a general Solicitor for the Papists hired this house and that there are divers Books of Accompts of Receipts and Disbursements to the value of 300. l. per an with divers Recusants names who allowed towards the maintenance of this Colledge and these Books and papers are in the hands of Mr. Secretary Cook It was further reported from the Committee that the Priest taken at Clerkenwell which was condemned should be Reprieved by a Warrant from the King signified by a Privy Councellor and another Warrant was produced by the Keeper of Newgate under the hand of the Kings Atturney General to release the other 9. Priests to which Mr. Secretary Cook replyed the K. being merciful in case of blood gave direction for the Reprieving the condemned Priest but the House not willing to let this pass appointed certain of their Members to go to the Lord chief Justice and the rest of the Judges who were there present at the Trial to know why the Papers and Evidences which Mr. Long had to produce were not made use of The Committee appointed to examine the Atturny-General reported this answer I did receive said the Atturny order touching some Persons taken in Clarkenwel conceived to be Priests from the Council-Board and for that refer myself to the Order And I conceive I did follow the directions of that Order I did my self cause them to be sent for from the several prisons where they were formerly committed and I committed them all to Newgate as the Order from the Council-Board directed and I gave directions for Indictments to be drawn against them as for being Priests and I sent for and conferred with the witnesses and took their Informations and I sent for Mr. Long who was formerly acquainted with that business as I was advised to do by Mr. Secretary Cook and desired him to take special care thereof at the Sessions And I did not conceive that by the Order I was directed to go thither my self but if I had been so directed and had so conceived it I should not have declined the service I know not nor never heard of any Lands conveyed to the use of these persons or of any foundation there but there was some mention made thereof in some of the papers delivered to me by Mr. Secretary but so generally as I know not how to enquire thereof but I did take care to intitle the King to the goods as the special directions to me was by the Order of the Board and the Indictment failed to be found against all but one and I gave warrant to the Treasurers remembrancer of the Exchequer for a special commission to that purpose and I advised with Mr. Long who were sit Commissioners for that purpose and after with Mr. Scrivener and a Commission was granted to Gentlemen of very good quality and an inquisition is found and returned accordingly whereby the King is intitled to the goods I had warrant from his Majesty to bayl them but for the manner of that I must crave leave to acquaint the King therewith before I answer any further I understood that an Indictment was preferred against three of them for Treason and I did direct Mr. Long that if the Indictment should not be â—ound for Treason yet to tender them and all the rest the Oath of Allegeance to bring them within the Kings mercy upon a Premunire if they should refuse the Oath and I understood the Oath was ministred to them accordingly at that Sessions and I understood after that the Indictment was found against one of them onely to be a Priest and that the other were quit Therefore receiving an express commandment from the King for the bayling of them I did conceive they were baylable which otherwise of my self I would not have done the Bonds I took and keep them my self for the surety I refer my self to the bond and understand that some of them were house-keepers in the Town I gave directions for Indictments to be drawn against them but I gave no special directions whether it should be drawn as against Iesuits or Priests but left that to the care of Mr. Long and did not then conceive there was any difference in the substance of the Indictment for Treason between Priests and Iesuits I can give no special reason why I rather bound them to appear at the Council-Table then at the Sessions but only this because I received my first directions from the Council-Board When the Sessions was past I did enquire of Mr. Long what was the success of these Indictments who informed me that one only was found guilty of being a Priest and thereupon I gave order for the Commission before mentioned to enquire of their goods And being again sent unto for a clearer answer he said For he Warrant which I received for the discharge of the prisoners and the Bond taken by me upon their deliverance which has a dependance upon that Warrant and whereof ye require an account I have attended his Majesty but ye have no leave to shew them and the Bonds being taken but in December last I keep them with me as I conceive was proper for my place but shall be ready to deliver them when I shall receive a commandment to that purpose Wednesday the eighteenth of February the Fast was kept and the nineteenth of February Mr. Dawes one of the Customers being called in to answer the point of Priviledge in taking Mr. Rolls Goods a Member of this House said That he took Mr. Rolls Goods by vertue of a Commission under the great Seal and other Warrants That he knew Mr. Rolls demanded his Priviledge but he did understand his Priviledge did onely extend to his person not to his goods And he further said He took those Goods for such duties as were due in the time of King James and that the King had sent for him on Sunday last and commanded him to make no other answer Mr. Carmarthen another of the Customers being called in said That he knew Mr. Rolls to be a Parliament-man and told him He did not finde any Parliament-man exempted in their Commission and as for the words charged on him that he should say If all the body of the House were in him he
concerning the Electoral Bonds and to dissolve their League The Protestants in their Answer acknowledged the good will of the Emperor their Cheif and shewed that the Catholicks had oppressed them contrary to the Pacification and having sought Redress in vain they were compelled to use means of preserving Publick Tranquillity according to the Laws That their League and Union consisting onely of Protestant Germans was a known practice in the Empire and not against the Golden Bull and tended not to a separation from his Imperial Majestie but the Catholicks made their League with strangers and declared a stranger cheif over them The Count of Thurne and other Defenders Evangelick with the Estates of Bohemia assembled at Prague to advise of publick safety and conservation of priviledges The Emperor required his Council held at the Castle of Prague to oppose and hinder this Assembly which he said was called to raise Sedition and to plot against his person and Government Nevertheless in all their publick worship the Evangelicks prayed to God to confound the Emperors enemies and to grant him long to live and reign over them in Peace and Justice The Bohemian troubles took their first rise from the breach of the Edict of Peace concerning Religion and the Accord made by the Emperor Rodolph whereby the Protestants retained the free exercise of their Religion enjoyed their Temples Colledges Tithes Patronages places of Burial and the like and had liberty to build new Temples and power to chuse Defenders to secure those Rights and to regulate what should be of service in their Churches Now the stop of building certain Churches on Lands within the Lordships of the Catholick Clergy in which places the Evangelicks conceived a Right to build was the special grievance and cause of Breach On the Twenty third of May the cheif of the Evangelicks went armed into the Castle of Prague entred the Council Chamber and opened their Grievances but inraged by opposition threw Slabata the Cheif Justice and Smesansius one of the Council and Fabritius the Secretary from an high Window into the Castle Ditch others of the Council temporising in this Tumult and seeming to accord with their demands were peaceably conducted to their own houses Hereupon the Assembly took advice to settle the Towns and Castle of Prague with new Guards likewise to appease the people and to take an Oath of Fidelity They chose Directors Governors and Counsellors Provincial to govern affairs of State and to consult of raising forces against the enemies of God and the King and the Edicts of his Imperial Majesty They banished the Iesuits throughout all Bohemia Moreover to defend their own cause and to give an accompt of their late proceedings and present posture a Declaration was drawn up and sent with Letters to the Estates of Moravia Silesia and Lusatia and to all the Princes and States their Allies throughout the Empire with request of aid in case of need They declare to this effect THat they had endured infinite Injuries and Afflictions by certain Officers Ecclesiastick and Civil and by the Iesuits above all others who sought to bring them under the yoke of Popery reviled them with the names of Hereticks heaved them out of places of Dignity provoked the Magistrates to pursue them with Fire and Sword That their Ministers were banished and their Charges given to Roman Catholicks The Senators of Prague who were Evangelicks were evil-intreated and divers persons persecuted for Religion under pretence of Civil Offences And whereas in case of difference touching the Agréement and Edict of Peace the Estates of both parties were to hear and judge their Enemies procured Commands from the Emperor to bear them down before a due hearing Their lawful Méetings to advise and séek redress were declared to be manifest Sedition and Rebellion and themselves threatned with loss of estates and lives This Declaration they sent likewise to the Emperor with a submissive Letter asserting their own Fidelity and praying for the removal of those evil Counsellors that threaten so much danger to his Majesty and his Kingdoms The Emperor herewith was no way pacified but charged them with an evil design required them to lay down Arms and to make no more Levies but to live in peace as becometh faithful Subjects Upon which terms he promised to disband his own Soldiers to forgive what was past and to protect all that will obey him This prevailed nothing but the breach grows wider The Emperor published a Manifesto in Answer to the Apology of the Bohemian States and wrote Letters to the Electors Princes and States of the Empire with high Aggravations of the violence offered at Prague to his principal Officers against Divine and Humane Rights the Constitutions of the Kingdom and the Customs of all Nations without hearing without summoning without any form of Proces yea without giving a moment of time to Repent or make Confession or receive the Sacrament which is never denied to the worst offenders Forthwith a pernicious War and all confusion breaks out The Emperor raised forces under the conduct of divers Commanders of whom the cheif were Count de Buquoy and Count de Ampiere The Evangelicks raised two Armies under Count de Thurne and Count Mansfelt Moravia Silesia and Lusatia with all the Estates Protestant Germans and Neighbors of Bohemia very few excepted assist the Evangelicks with Counsel Men and Money Likewise the Prince of Orange and the States of the United Provinces promised to aid them with their forces The Electors and Princes Protestant favoring the Bohemians whose Countrey the Imperialists destroy with Fire and Sword perswade the Emperor to stop the rage of Civil War the success whereof is doubtful and the end ever miserable The Emperor propounded an Arbitration of these differences by the Elector of Mentz and the Duke of Bavaria Princes Catholicks and by the Electors Palatine and of Saxony Princes Protestants and Pilsen should be the place of Treaty The Evangelicks consent to the Arbitration but dislike the place where the people were wholly Catholicks and followed the Emperors party besides the Directors had designed the besieging of it New Actions of War made the overtures of peace more difficult Several Armies were now raising throughout Bohemia and the Neighboring Provinces As yet the Elector of Saxony stood Neutral the Duke of Bavaria cast in his lot with the Emperor whose estate was then every where imbroiled At this time there appeared a Comet which gave occasion of much discourse to all sorts of men among others a Learned Knight our Countreyman confidently and boldly affirmed That such persons were but abusers and did but flatter greatness who gave their verdict that that Comet was effectual as some would have it or signal as others judge it onely to Africa whereby they laid it far enough from England When this Knight out of the consideration of the space of the Zodiack which this Comet measured the inclination of his
Declaration But now I am come understanding the time of your Censure at hand to express my readiness to put in Execution which is the life of the Law those things which ye are to sentence For even the Law it self is a dead letter without Execution For which office God hath appointed me in these Kingdoms And though I assure my self that my former behaviour in all the course of my life hath made me well known for a just King yet in this special case I thought fit to express my own intentions out of my own mouth for punishment of things complained of The first proof whereof I have given by the diligent search I caused to be made after the person of Sir Giles Mompesson who though he were fled yet my Proclamation pursued him instantly And as I was earnest in that so will I be to see your Sentence against him put in execution Two reasons move me to be earnest in the execution of what ye are no sentence at this time First That duty I owe to God who hath made me a King and tied me to the care of Government by that Politique Marriage betwixt me and my People For I do assure you in the heart of an honest man and by the faith of a Christian King which both ye and all the world know me to be had these things been complained of to me before the Parliament I would have done the office of a just King and out of Parliament have punished them as severely and peradventure more then ye now intend to do But now that they are discovered to me in Parliament I shall be as ready in this way as I should have been in the other For I confess I am ashamed these things proving so as they are generally reported to be that it was not my good fortune to be the onely Author of the Reformation and punishment of them by some Ordinary Courts of Justice Nevertheless since these things are new discovered by Parliament which before I knew not of nor could so well have discovered otherwise in regard of that Representative Body of the Kingdom which comes from all parts of the Countrey I will be never a whit the slower to do my part for the execution For as many of you that are here have heard me often say and so I will still say so pretious unto me is the Publick Good that no private person whatsoever were he never so dear unto me shall be respected by me by many degrees as the Publick Good not onely of the whole Commonwealth but even of a particular Corporation that is a Member of it And I hope that ye my Lords will do me that right to publish to my people this my Heart and purpose The second Reason is That I intend not to derogate or infringe any of the Liberties or Priviledges of this House but rather to fortifie and strengthen them For never any King hath done so much for the Nobility of England as I have done and will ever be ready to do And whatsoever I shall say and deliver unto you as my thought yet when I have said what I think I will afterwards freely leave the Judgment wholly to your House I know you will do nothing but what the like hath been done before And I pray you be not jealous that I will abridge you of any thing that hath been used For whatsoever the Precedents in times of good Government can warrant I will allow For I acknowledge this to be the Supream Court of Justice wherein I am ever present by Representation And in this ye may be the better satisfied by my own presence coming divers times among you Neither can I give you any greater Assurance or better Pledge of this my purpose then that I have done you the honor to set my onely Son among you and hope that ye with him shall have the means to make this the happiest Parliament that ever was in England This I Profess and take comfort in That the House of Commons at this time have shewed greater love and used me with more respect in all their proceedings then ever any House of Commons have hitherto done to me or I think to any of my Predecessors As for this House of yours I have always found it respective to me and accordingly do I and ever did favor you as you well deserved And I hope it will be accounted a happiness for you that my Son doth now sit among you who when it shall please God to set him in my place will then remember that he was once a Member of your House and so be bound to maintain all your lawful Priviledges and like the better of you all the days of his life But because the World at this time talks so much of Bribes I have just cause to fear the whole Body of this House hath bribed him to be a good Instrument for you upon all occasions He doth so good Offices in all his Reports to me both for the House in general and every one of you in particular And the like I may say of one that sits there Buckingham he hath been so ready upon all occasions of good Offices both for the House in general and every Member in particular One proof thereof I hope my Lord of Arundel hath already witnessed unto you in his Report made unto you of my Answer touching the Priviledges of the Nobility how earnestly he spake unto me of that matter Now my Lords the time draws near of your Recess whither formality will leave you time for proceeding now to Sentence against all or any of the persons now in question I know not but for my part since both Houses have dealt so lovingly and freely with me in giving me a free gift Two Subsidies in a more loving manner than hath been given to any King before and so accepted by me And since I cannot yet retribute by a General Pardon which hath by Form usually been reserved to the end of a Parliament the least I can do which I can forbear no longer is to do something in present for the ease and good of my people Three Patents at this time have been complained of and thought great Grievances 1. That of the Inns and Hosteries 2. That of Ale-houses 3. That of Gold and Silver Thred My purpose is to strike them all dead and that time may not be lost I will have it done presently That concerning Ale-houses I would have to be left to the Managing of Justices of the Peace as before That of Gold and Silver Thred was most vilely executed both for wrong done to mens persons as also for abuse in the Stuff for it was a kinde of false Coyn. I have already freed the persons that were in prison I will now also damn the Patent and this may seem instead of a Pardon All these three I will have recalled by Proclamation and wish you to advise of the fittest Form to that purpose I hear also there is
another Bill among you against Informers I desire you my Lords that as you tender my Honor and the good of my People ye will put that Bill to an end as soon as you can and at your next meeting to make it one of your first works For I have already shewed my dislike of that kinde of people openly in Star-Chamber and it will be the greatest ease to me and all those that are near about me at Court that may be For I remember that since the beginning of this Parliament Buckingham hath told me he never found such quiet and rest as in this time of Parliament from Projectors and Informers who at other times miserably vexed him at all hours And now I confess that when I looked before upon the face of the Government I thought as every man would have done that the people were never so happy as in my time For even as at divers times I have looked upon many of my Coppices riding about them and they appeared on the outside very thick and well-grown unto me but when I turned into the midst of them I found them all bitten within and full of Plains and bare spots like an Apple or Pear fair and smooth without but when ye cleave it asunder you finde it rotten at the Heart Even so this Kingdom the External Government being as good as ever it was and I am sure as Learned Judges as ever it had and I hope as honest Administring Justice within it and for Peace both at home and abroad I may truly say more setled and longer lasting then ever any before together with as great plenty as ever So as it was to be thought that every man might sit in safety under his own Vine and Fig-Tree Yet I am ashamed and it makes my hair stand upright to consider How in this time my people have been vexed and polled by the vile execution of Projects Patents Bills of Conformity and such like which besides the trouble of my people have more exhausted their Purses then Subsidies would have done Now my Lords before I go hence since God hath made me the Great Judge of this Land under him and that I must answer for the Justice of the same I will therefore according to my place remember you of some things though I would not teach you For no mans Knowledge can be so good but their Memories will be the better to be refreshed And now because you are coming to give Judgment all which moves from the King that you may the better proceed take into your care two things 1. To do Bonum 2. To do it Bene. I call Bonum when all is well proved whereupon ye Judge for then ye build upon a sure Foundation And by Bene I understand that ye proceed with all Formality and Legality wherein you have fit occasion to advise with the Judges who are to assist you with their Opinions in cases of that nature and wo be to them if they advise you not well So the ground being good and the form orderly it will prove a course fitting this High Court of Parliament In Sentence ye are to observe two parts First To recollect that which is worthy of judging and censuring and secondly To proceed against these as against such-like crimes properly We doubt there will be many matters before you some complained of out of Passion and some out of just cause of Grievance Weigh both but be not carried away with the impertinent discourses of them that name as well Innocent men as guilty Proceed judicially and spare none where ye finde just cause to punish But let your proceedings be according to Law and remember that Laws have not their Eyes in their Necks but in their Foreheads For the Moral Reason for the punishment of Vices in all Kingdoms and Commonwealths is because of the Breach of Laws standing in force For none can be punished for Breach of Laws by Predestination before they be made There is yet one particular that I am to remember you of I hear that Sir Henry Yelverton who is now in the Tower upon a Sentence given in the Star-Chamber against him for deceiving my trust is touched concerning a Warrant Dormant which he made while he was my Attorney I protest I never heard of this Warrant Dormant before and I hold it as odious a matter as any is before you And if for respect to me ye have forborne to meddle with him in Examination because he is my Prisoner I do here freely remit him unto you and put him into your hands And this is all I have to say unto you at this time wishing you to proceed justly and nobly according to the Orders of your House and I pray God to bless you and you may assure your selves of my assistance Wishing that what I have said this day among you may be entred into the Records of this House The Lords pronounced Sentence upon Sir Giles Mompesson who was fled beyond Sea 1. THat he shall be degraded of the Order of Knighthood with reservation of the Dignity of his Wife and Children 2. That he shall stand perpetually in the degree of his person Outlawed for Misdemeanor and Trespass 3. That his testimony be received in no Court nor he to be of any Inquisition or Iury. 4. That he shall be excepted out of all General Pardons to be hereafter granted 5. That he shall be imprisoned during life 6. That he shall not approach within Twelve miles of the Court or Prince nor of the Kings High Court usually held at Westminster 7. And the Kings Majesty shall have the profit of his Lands for life and all his Goods and Chattels so forfeited and that he shall undergo Fine and Ransome which was set at Ten thousand pounds 8. Disabled to hold or receive any Offce under the King or for the Commonwealth 9. That he shall be ever held an infamous person 10. And his Majesty added thereunto perpetual Banishment Sir Francis Michel a Projector and Mompessons Compartner was fined One thousand pound degraded and imprisoned in the same place in Finsbury Fields which he had prepared for others For the Tower was thought too honorable for such a person He rode likewise from Westminster into London with his face to the Horse-tail Likewise the King revoked his Letter Patents Commissions and Proclamations concerning Inns and Ale-houses and the Manufactures of Gold and Silver Thred To these Reformations the King gave encouragement by his Third Speech in Parliament wherein he declared much against Corruption and Bribery in Judicatures professing That no person should be preferred before the publick good and that no offender should go unpunished In the same Speech he gave them thanks for the Subsidies given in the beginning of the Parliament and for the Title of the Grant and proceeded to open his present state in relation to his Son in Law the Prince Elector Palatine how the sums granted by the Act of Subsidy were taken up
the Ambassadors person as some are said to have done yet for using railing speeches against him calling him Divel or words to that purpose it was His Majesties pleasure that that fellow without any further delay on the morrow in the forenoon be publickly and sharply whipt thorow London beginning at Algate and so through the streets along by the place where the affront was offered towards Fleetstreet and so to Temple-Bar without any manner of favor The people were enraged at Gondomar through a perswasion that he abused the King and State to advance the designs of Spain By means of his power with the King he had transported Ordinance and other warlike Provisions to furnish the Spanish Arsenals and it was believed that he underhand wrought the sending of Sir Rob. Mansel into the Mediterranean Sea to fall upon the Pirates of Algier The Merchants of this Kingdom by them much infested being also induced to move for this Expedition wherein the English fleet performed gallantly and advancing within the reach of Cannon and small shot which from the Land showred like Hail upon them fired the Pirates ships within their own Harbor Nevertheless hereby our Strength was diverted our Treasure exhausted and the Spanish fleet and Merchants secured from those Robbers and Spain left at liberty to assist in subduing the Palatinate In the mean while our Kings Affairs in Germany notwithstanding the many Complaints grew more and more desperate In Bohemia the Emperor having well nigh subdued and setled the Country proceeded to the Tryal and Execution of the Authors of the late Commotions some were condemned to perpetual imprisonment and others to death and the Heads of many eminent persons were fixt on the Towers in Prague and their bodies quartered After this the Emperor began both in Austria and Hungaria to imprison divers that assisted the Bohemians and caused Proces to be made against them The Marquess of Iagerndorfe who stirred in the County of Glatsburgh and raised forces by Commission from the Elector Palatine published Letters against the Executions in Bohemia as cruel and barbarous The Emperor put forth an Answer and said That the Marquess published those things maliciously forasmuch as in Bohemia was the Original sedition and the head that infected the members That some few persons Authors of the troubles not in hatred of their Religion but for their Rebellion have been punished by the hand of Justice And he declared further That the like exemplary Justice should not be done in other places but that the Articles of the Peace should be observed By this time the Parliament having sate about four moneths King Iames was desirous to give them a time of vacancie The Lord Treasurer by the Kings command declared unto the Houses That his Majesty by the advice of his Privy Council thought fit to adjourn the Parliament lest the season of the year by the continual concourse of people should cause Infection Also that the Lieutenans and Justices might be in the Country And the Adjournment keeping the Parliament still in being was better then Proroguing That his Majesty had already redressed corruption in Courts of Justice and by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver-Thread and cherished the Bill against Informers and Monopolies The Commons were troubled at this Message and desired a Conference with the Lords and moved them to petition the King to forbear the Adjournment The King takes notice of it and the Treasurer acquainted the Lords that a Petition of this nature could not be pleasing to his Majesty it seeming to derogate from his Prerogative who alone hath power to call adjourn and determine Parliaments The Commons at a further Conference declared their hearty sorrow and passionate grief at the Kings resolution which they said cut off the performance of what they had consulted and promised for the Publique weal. The Lords sitting in their Robes the King came and made a Speech takes notice of his Message to both Houses and gave their Lordships thanks for obeying the same and acknowledging his power to call adjourn and dissolve Parliaments and for refusing to join with the Commons in the Petition for Non-adjournment And whereas some had given out that no good had been done this Parliament He put them in mind that the two Patents grievous to the Commonwealth were called in and that the Parliament had censured the Offenders for an example to all ages And if they desired it he offered them eight or ten days longer sitting to expedite Bills but said that at the request of the Commons he would not grant it The Lords had a Conference with the Commons after which they moved the King to continue their sitting for fourteen days which was granted and the Commons were satisfied with the resolution of Adjournment A Committee of both Houses afterwards attending the King he told them how ill he took it that the Commons should dispute his reasons of Adjournment all power being in him alone to call adjourn prorogue and dissolve Parliaments And on Iune 4. he declared for an Adjournment till November following And that he will in the mean time of his own authority redress Grievances And his Majesty as General Bishop of the Land did offer his prayers to God for both the Houses and admonished them That when they go into the Country they give his people a good accompt and satisfaction both as to the Proceedings and to the Adjournment of the Parliament The House of Commons immediately before their recess taking to heart the miseries of the Palatinate resolved that the drawing back in so good a Cause should not be charged on their slackness And thereupon drew up this following Declaration with an universal consent THe Commons assembled in Parliament taking into most serious consideration the present state of the Kings Children abroad and the generally afflicted estate of the true Professors of the same Christian Religion professed by the Church of England in Foreign parts And being touched with a true sense and fellow féeling of their distresses as Members of the same Body do with unanimous consent in the name of themselves and the whole body of the Kingdom whom they represent declare unto his most excellent Majesty and to the whole World their hearty grief and sorrow for the same and do not only join with them in their humble and devout prayers unto Almighty God 〈◊〉 protect his true Church and to avert the dangers now threatned but also with one heart and voice do solemnly protest That if His Maiesâ—â—â— pious endeavors by Treaty to procure their peace and safety shall not take that good effect which is desired in Treaty Wherefore they humbly beseech His Majesty not to suffer any longer delay That then upon signification of His Majesties pleasure in Parliament they shall be ready to the utmost of their powers both with their lives and fortunes to assist him so as that by the Divine
highly displeased with some of the Commons House whom he called Ill-tempered spirits Sir Edward Cook Sir Robert Philips were committed to the Tower Mr. Selden Mr. Pym Mr. Mallery to other Prisons and Confinements Order was given for the sealing up the locks and doors of Sir Edward Cooks Chambers in London and in the Temple for the seising of his Papers and the Council debating about the General Pardon that should have passed this last Parliament had consulted about the ways of excluding him from that benefit either by preferring a Bill against him before the publication of the Pardon or by exempting him by name whereof they said they had presidents Likewise Sir Dudley Diggs Sir Tho. Crew Sir Nathaniel Rich and Sir Iames Perrot for punishment were sent into Ireland joined in Commission with others under the Great Seal of England for the enquiry of sundry matters concerning his Majesties service as well in the Government Ecclesiastical and Civil as in point of his Revenue and otherwise within that Kingdom Proclamations had formerly issued out against the Peoples too liberal speaking of matters above their reach Which at this time occasioned Letters from the Council to the Judges of the next Assises taking notice of licentious and undutiful speeches touching State and Government notwithstanding several Proclamations prohibiting the same which the King was resolved no longer to let pass without severest punishment and thereupon required the Judges to give this in Charge in their several Circuits and to do exemplary Justice where they find any such Offenders The King still walked in his beaten path of Sollicitations and Treaties after the constant bad success of his former Mediations For at the very time when he treated of Peace his Son in law was despoiled of his Hereditary patrimony by the Emperors commandment who after the suspension of the Ban or Proscription commanded the taking up of Arms again in the Lower Palatinate the Upper Palatinate being already subdued Which misery King Iames acknowledged to be the fruit of his own patience delays and doubtfulness Nevertheless he ceaseth not to pursue the favor of an implacable Enemy He wrote to the Emperor Ferdinand declaring his earnest endeavors to appease the Bohemian War and his ardent zeal for Peace from the beginning and expressed the Terms which he had prescribed to his Son in law As That he shall for himself and his Son renounce all pretence of Right and Claim to the Crown of Bohemia That he shall from henceforth yield all constant due devotion to the Imperial Majesty as do other obedient Princes Electors of the Empire That he shall crave pardon of the Imperial Majesty That he shall not hereafter any manner of way demean himself unfittingly toward the Imperial Majesty nor disturb his Kingdoms and Countries And that he shall upon reasonable Conditions reconcile himself to other Princes and States of the Empire and hold all good correspondence with them And he shall really do whatsoever like things shall be judged reasonable and necessary King Iames requested of the Emperor the acceptance of these Conditions as a notable testimony of his Imperial Majesties goodness and grace which he said should be by himself acknowledged in all willing service and unfeigned friendship to the Emperor himself and the most renowned House of Austria But if these his just Demands and well-willed Presentations shall not find acceptance or be slightly waved by some new tergiversation or a pretence of that long and tedious way of Consultation with the Princes of the Empire he is resolved to try his utmost power for his Childrens relief judging it a foul stain to his Honor if he shall leave them and their Partizans without counsel aid and protection The Emperor replied and confessed That in this exulcerate business so much moderation and respect of justice and equity hath shined forth in the King of Great Britain that there is not any thing that he should refuse to render thereunto reserving his Cesarean authority and the Laws of the Empire Yet that Person whom it most concerns hath given no occasion by the least sign of repentance to a condescension to this Treaty of Pacification For he is still so obstinate as by continual machinations by Iagerndorf and Mansfeld and other cruel disturbers of the publique peace to call up Hell rather then to acquiesce in better counsels and desist from the usurped Title of a Kingdom Howbeit in favor of the King of Great Britain he shall consent to a Treaty to be held at Bruxels wherein he would devolve his power upon the Illustrious Elizabetha Clara Eugenia Infanta of Spain The appointment of the Treaty at Bruxels was accepted by King Iames whither he sent his Ambassador Sir Richard Weston Chancellor of the Exchequer In the mean while misfortune and misery over-ran the Palatinate The Enemy having prevailed in several grand encounters proceeded to subdue the Country without regard to the Treaty of Peace at Bruxels Which was more easily effected the Commotions in Hungaria Bohemia Silesia Moravia being now ended in a Treaty of Peace between the Emperor and Bethleem Gabor the Emperor having made use of the Palsgrave's submission and resignation of the Crown of Bohemia to accelerate this Treaty About this time Philip the Third King of Spain departed this life and the Lord Digby was sent Extraordinary Ambassador into Spain as well to condole his death as â—o advance the Match and by all means possible to bring it to a final conclusion To which end he was accompanied with Letters from his Majesty and the Prince to that King as also a private Letter to Don Baltazar de Zuniga MOst Serene and Potent Prince Kinsman and dearly beloved Friend when we heard of the Death of your Majesties Father Philip the Third with whom we had great Amity and by our Amity managed very important Matters which he being dead could not but of necessity be interrupted It was no less grief to us then if he had been our own natural and most intimate Brother Which grief we have certified both to your Majesty by our Letters as was fitting and intimated to our people in a solemn and due manner And thus far we have satisfied our selves but in the next place we must also give Custom its due For which end we send unto your Majesty our Publick Ambassador and Messenger of this our Grief the Baron John Digby our Counsellor and Vice-Chamberlain adjoyning unto the rest of his Instructions this our wish That your Serenity may rule your Fathers Kingdoms which you have received under a most prosperous Star with his and your Ancestors Prudence and that we may really finde that love which alway passed between your Father of most happy memory and us propagated with the same candor unto you his Successor the which we also hope Given at our Pallace of Theobalds Mar. 14. 1621. Your Majesties most Loving Brother I. R. Jacobus c. Serenissimo
most loving Kinsman C. P. Given at Our Palace of Saint Iames 14 Martii 1621. To the Right Honorable the Lord Balthazar of Zuniga Right Honorable and Wel-beloved Friend BEcause we have divers times been informed by your Friends of your singular propension and zeal towards our Affairs we neither will nor ought to leave you unsaluted at this time you have so well deserved of us But it will be no small accession of your good will if you continue as you have begun to promote by your assistance our concernments with his Majesty our Welbeloved Brother which by what way it may best be done our Ambassador the Baron John Digby will be able to direct you to whom we have intrusted the residue of that matter And if during his residence there he may make use of your singular Humanity and Favor with the King in his Negotiation it will be most acceptable to us and render us who were by your deservings already forward to oblige you most forward for the future to deserve well of you which we shall most willingly testifie as occasion offers not onely in word but in deed J. R. Given at our Palace of Theobalds March 14. 1621. Sir Walter Aston the Leiger Ambassador had managed that Treaty by directions received from Digby and now Digby remained at large in it and had communication of the Passages from him The Spaniards proceed in the Match with a very formal appearance for at this very time the Emperors Ambassador in Spain had discoursed of a Marriage between his Masters Son and the Infanta but was presently answered That the Kings hands were tied by a Treaty on foot with the King of Great Brittain and in this particular they seemed as said the English Agent to deal above board In the mean time the Privy Council by the Kings Commandment consulted about the raising of Moneys to defend the Palatinate They appointed the Keeper of the Records in the Tower to search for all such writings as concerned the Levies of Men at the Publick charge of the Countrey from the time of King Edward the Third until this present Likewise they directed Letters of the tenor following to the Justices of the Courts at Westminster and to the Barons of the Exchequer WHat endeavors his Majesty hath used by Treaty and by all fair and amiable ways to recover the patrimony of his Children in Germany now for the most part withholden from them by force is not unknown unto all his loving â—ubjects since his Majesty was pleased to communicate to them in Parliament his whole proceedings in that business Of which Treaty being of late frustrate he was inforced to take other resolutions namely to recover that by the Sword which by other means he saw no likelihood to compass For which purpose it was expected by his Majesty that his people in Parliament would in a cause so nearly concerning his and his Childrens interest have chearfully contributed thereunto But the same unfortunately failing his Maâ—esty 〈◊〉 constrained in a case of so great necessity to try the dutiful affections of his â—â—ing Subjects in another way as his Predecessors have done in former times by propounding unto them a voluntary contribution And therefore as your selves have already given a liberal and worthy example which his Majesty doth take in very gratious part so his pleasure is and we do accordingly hereby authorise and require your Lordships as well to countenance and assist the service by your best means in your next Circuits in the several Counties where you hold General Assizes as also now presently with all convenient expedition to call before you all the Officers and Attorneys belonging to any his Majesties Courts of Iustice and also all such others of the Houses and Societies of Court or that otherwise have dependence upon the Law as are meet to be treated withal in this kinde and have not already contributed and to move them to joyn willingly in this contribution in some good measure answerable to that your selves and others have done before us according to their means and fortunes Wherein his Majesty doubteth not but beside the interest of his Children and his own Crown and Dignity the Religion professed by his Majesty and happily flourishing under him within this Kingdom having a great part in the success of this business will be a special motive to incite and perswade them thereunto Nevertheless if any persons shall out of obstinacy or disaffection refuse to contribute herein proportionably to their Estates and Means you are to certifie their names unto this Board And so recommending this service to your best care and endeavor and praying you to return unto us Notes of the names of such as shall contribute and of the sums offered by them We bid c. Letters to the same effect were directed to the High Sheriffs and Justices of Peace of the several Counties and to the Majors and Bailiffs of every City and Town-Corporate within the Kingdom requiring them to summon all of known Abilities within their Jurisdictions and to move them to a chearful contribution according to their Means and Fortunes in some good measure answerable to what others well-affected had done before them And to make choice of meet Collectors of the Moneys and to return a Schedule of the names of such as shall contribute and the sums that are offered by them that his Majesty may take notice of the good inclinations of his Subjects to a cause of such importance as likewise of such others if any such be as out of obstinacy or disaffection shall refuse to contribute About this time George Abbot Archbishop of Canterbury began to fall into disgrace at Court his enemies taking the advantage of a late sad misfortune for shooting at a Deer with a Cross-bow in Bramzil Park he casually killed the Keeper Upon this unhappy accident it was suggested to the King who already disgusted him for opposing the Match with Spain That in regard of his eminent rank in the Church it might administer matter of Scandal which was aggravated by such as aspired unto his place and dignity The Bishop of Lincoln then Lord Keeper informed the Marquess of Buckingham That by the Common Law of England the Archbishops whole estate was forfeited to the King and by the Common Law which is still in force he is made irregular ipso facto and so suspended from all Ecclesiastical Function until he be restored by his Superior which was the Kings Majesty in this rank and order of Ecclesiastical Jurisdiction To adde affliction to the afflicted said he will be against his Majesties nature yet to leave a man of Blood Primate and Patriark of all his Churches is a thing that sounds very harsh in the Old Councils and Cannons and the Papists will not spare to censure it The King made choice of the Lord Keeper the Bishops of London Winton Rochester St. Davids and Exeter Sir Henry Hobart Justice Doderidge Sir Henry Martin
from us What can we look for if the whole shall be in his hands and possession who amuzing us with a Treaty of Cessation and protracting it industriously as we have reason to believe doth in the mean time seize himself of the whole Countrey Which being done our Ambassador shall return with scorn and we remain in dishonor And therefore as we have heretofore sundry times promised in testimony of the sincerity of our proceedings and of our great desire to preserve the Amity inviolable between us and the whole House of Austria that in case our Son in Law would not be governed by us that then we would not onely forsake him but take part and joyn our forces with the Emperors against him So you may fairly represent unto that King That in like manner we have reason to expect the same measure from him That upon the Emperors aversness to a Cessation and Accommodation he will likewise actually assist us for the recovery of the Palatinate and Electoral Dignity to our Son in Law as it hath been often times intimated from Spain Yet our meaning is to carry all things fair with that King and not to give him any cause of distrust or jealousie if you perceive that they intend to go really and roundly on with the Match Wherein nevertheless we must tell you That we have no great cause to be well-pleased with the diligencies used on that part when we observe that after so long an expectance of the Dispensation upon which the whole business as they will have it depends there is nothing yet returned but Queres and Objections We have thought fit to let you know how far we are pleased to enlarge our self concerning those points demanded by the Pope And further then that since we cannot go without much prejudice inconvenience and dishonor to our self and our Son we hope and expect that the King of Spain will bring it instantly to an issue without further delay which you are to press with all diligence and earnestness But if respite of time be earnestly demanded and that you perceive it not possible for them to resolve until an answer come from Rome We then think it fit that you give them two moneths time after your Audience that we may understand that Kings final Resolutions before Christmas next at the furthest Likewise the Conde Gondomar who was lately called home is roused by a Letter from England on this manner HEre is a King and a Prince and a faithful Friend and Servant Buckingham besides a number of other Friends to whom every day seems a year till the Match be accomplished all things are prepared on our parts Priests and Recusants are at liberty and the Prisons are filled with zealous Ministers Orders are published for the Universities and Pulpits that none shall hereafter be medling but that all Preach Christ crucified His Majesty never looked to the rising or falling hopes of his Son in Laws fortunes but kept in the same course that seems most agreeable to Honor and Justice and the Peace of Christendom And Gondomar did beseech the King to suffer himself once to be deceived by Spain and promised when the Match was first moved and the King perswaded to break with France That he should be prest to nothing but what might stand with Conscience and Honor and the love of his people And whereas the Pope would know what Bonum Publicum will be granted We remit it to your Conscience whither the favors daily granted to Catholicks which the King resolves to continue if not to increase be not a real publick good considering if the Match break off his Majesty will be importunately urged by his people to whose assistance he must needs have recourse to give life and execution to all Penal Laws now hanging over the heads of Catholicks According to the Kings direction the Earl of Bristol presented a Memorial to the King of Spain and from him and his Ministers received this return That for the accomplishing of the Match on their part there should not one day be lost for the dispatch thereof imported them no less then the King of Great Britain And for the Palatinate they will seek his intire satisfaction and they refer it to his own just judgment whether their forces were called out of the Palatinate with an evil intention or meerly for the defence of Flanders which otherwise had been put in great hazard by Count Mansfield That the besieging of Heidelburgh was no way by their consent or knowledge but was generally disapproved by them And if it should be taken and the Emperor refuse to restore it or to condiscend to such Accommodation as should be adjudged reasonable the King of Great Britain shall be infallibly assisted with the Arms of Spain for the restoring of the Palatine And as concerning the Match Bristol seemed so confident as to declare to the King his Master That he should not willingly give his Majesty hope upon uncertain grounds so he would not conceal what the Spanish Court professed which was to give his Majesty both real and speedy satisfaction And he affirmed If they intended it not they were falser then all the Devils in Hell for deeper Oaths and Protestations of Sincerity could not be made But in the mean while the Town and Castle of Heidelburgh were taken and the English Companies put to the Sword and Sir Edward Herbert the Governor was slain after he had broken four Pikes in charging the Enemy The besieging of Manheim and the blocking of Frankendale followed the loss of Heidelburgh King Iames provoked by the continual progress of these Indignities was impatient of staying for a Reply from Spain to his former Letters but seconded those Resolutions with a vehement new dispatch the Third of October in a peremptory stile as it well became him Commanding the Earl of Bristol to let that King understand how sensible he was of the Emperors proceedings towards him and withal not a little troubled to see that the Infanta at Bruxels having an absolute Commission from the Emperor to conclude a Cessation and Suspension of Arms should now at last when all Objections were answered and the former solely pretended Obstacles removed not onely delay the Conclusion of the Treaty but refuse to lay her Commands upon the Emperors Generals for abstaining from the Garisons during the Treaty upon a pretext of want of Authority So as for the avoiding of further dishonor he hath been forced to recal both his Ambassadors as well the Chancellor of his Exchequer from Bruxels as also the Lord Chichester whom he intended to have sent unto the Emperor to the Dyet at Ratisbone He further enjoyned his Ambassador That having delivered his sense of things he should demand of the King of Spain a promise under his Hand and Seal that the Town and Castle of Heidelburgh shall be delivered to the Palatine within seventy days after the Audience and the like for Manheim and
kept a footing in his ruined Country The Imperialists laughed to think that the English Garrison should expect Relief by the Orders sent from Spain to Bruxels And when the King had made an offer to sequester the Town of Frankendale into the Infanta's hands upon the same assurance from her which herself had offered before the loss of Manheim which was to restore the place whether a peace with the Emperor or a rupture followed she was fallen away from that proposition and would accept the sequestration only upon a simple trust to render it again at the expiration of eighteen moneths In this state of affairs the King wrote thus to his Ambassador in the Spanish Court. Concerning the unfortunate knotty affair of the Palatinate to say the truth as things now stand we cannot tell what you could have done more then you have already done Moreover he shewed That the reason of his late peremptory Instructions concerning a direct Promise of Restitution was the gross delay at Bruxels while Heidelburgh was taken and Manheim beleaguered As also Gages coming from Rome and in stead of the Dispensation presenting him with new demands to engage him in a Dispute or Treaty with the Pope which he said he never intended Wherefore at the instance and perswasion of his Council he was moved to urge the matter so as to bring it to a sudden period Not but that the precisest of them were always of opinion That if the Match were once concluded the other business would be accommodated to his satisfaction Then was the Ambassador required to stir up that King to use all effectual means for diverting the Translation of the Electorate in the present Diet Likewise to make him an offer of Frankendale by way of sequestration upon condition of restoring it in the case as now it stands whether the Peace succeed or not But in the Diet held at Ratisbone the Emperor declared the Palatine to be the Cause and groundwork of all those Wars and miseries and that the Electorate of this proscribed Enemy being devolved into his hands he had conferred it upon the Duke of Bavaria who in this Cause and service had spent his Treasure and hazarded his blood against his own Nephew the Palsgrave The Protestant Princes desired the Emperor to consider That in so high a Cause as the disposing of an Electorate and so principal a Person in the Colledge of Electors who uncited unheard and without all knowledge of the Cause hath been condemned and against all Equity oppressed by the Publication of the Ban His Imperial Majesty should not have proceeded so rigorously without the advice and consent of the other Electors as was agreed upon in the Capitulation Royal and Fundamental Law of the Empire And since the Diet was called for restoring the Peace of the Empire it were necessary in the first place ro remove the Obstacles those extreme Executions in Bohemia which may make that people desperate and which the Lutheran States following the Augustane Confession have their eyes upon And though it be given out that the severity there exercised is merely for private Justice yet it is so linked with the Publique Cause that unless it be speedily ended and the two Churches in Prague again opened and the free exercise of Religion permitted they can see no sure Peace but desolation and ruine like to follow And for the Prince Palatine seeing he is already sufficiently punished it were commendable in his Imperial Majesty to restore him upon submission to his Lands and Dignities otherwise there is no likelihood of restoring Peace And in transferring the Electorate if it must be so this main thing were to be considered Whether the exclusion of the Palsgrave's person doth exclude his Children who by the providence of their Ancestors before this act of their Father had an hereditary right thereunto Or whether that Prince's Brother or other of the Kindred who have no way offended should be in this case neglected This will be ill resented by the other Electors and Princes allied to the Palatine who have been quiet hitherto upon confidence of the Emperors clemencie But perceiving all hopes of recovering the Electoral Dignity to their Family taken away must needs have recourse to Arms. They further added That the Palatine was young and abused by evil Counsels and no way the Author of the stirrs in Bohemia Wherefore they give their advice That his restoring will quiet the otherwise endless troubles of the Empire and for ever engage him and all his Allies and the whole Electoral Colledge to his Imperial Majesty The Catholick Princes answered That the Palatinate being devolved upon the Emperor he may bestow it according to his own pleasure And that he cannot safely hold any terms of Amity with the Palatine That the impunity of so great an Offender will encourage others to offend And as for by-past sufferings there hath been little difference between his and the Emperors though the Cause were far different And that Mansfeld his General is yet in the Field and prosecutes his Cause by force of Arms. The other Party replied That the security of the Imperial Dignity and the safety of the Empire consisted in the Concord between the Emperor and the Princes Electors And if his Imperial Majesty shall use this rigor the Princes of Lower Saxony are of opinion that there can be no Peace established But this desired Reconciliation will give the Emperor a quiet possession of the Provinces recovered by the aid of the Electors and Princes otherwise there is a fair pretension left for the renewing of the War for that the Palatines Sons and Brother are passed by in the translation of the Electorate and the King of Great Britain cannot but take it ill to see his endeavors produce no better effect but that his onely Daughter and her Children are left in Exile The Emperor takes up the debate and sheweth That before the Ban was published he desired nothing more then that a Diet might be convoked which being impeded by the prosecution of the War he could do no less then publish this Proscription to repress the Palatine which some that now dispute it did then declare to be legal and necessary And this proscribed Enemy he will not restore to the Electoral Dignity nor yet defer to compleat the number of Electors Thus have we good words from Spain and miserable usage from all the rest of the House of Austria Sir Dudley Carlton Ambassador Resident at the Hague assured the Marquis of Buckingham That though the Spanish Ambassador D' Ognat in publique opposed the Emperor in transferring the Electorate yet the judgment generally made upon it was this That it was a meer Patelinage with a secret understanding to abuse King Iames his goodness Likewise the Emperor not content to have chased the Palsgrave out of Germany in the Propositions of the former Diet made this an Article to make War upon the United
danger of death for want of water to quench his thirst more desired water then I thirst and desire the good and comfortable success of this Parliament and blessing upon your Counsels that the good issue of this may expiate and acquit the fruitless issue of the former And I pray God your Counsels may advance Religion and the Publick weal and the good of me and my Children Feb. 21. The Commons presented Sir Thomas Crew for their Speaker who prayed an Excuse which being denied he made this Speech SInce I cannot bring an Olive-branch in my mouth as a sign of my peace and that God in whose hands are the hearts of Kings without whose providence a sparrow doth not fall to the ground whom no man can resist hath inclined your Majesty to cast your eye of grace on me and to confirm me in this place I am taught in the best School that Obedience is better then Sacrifice And will only say with a learned Father Da Domine quod jubes jube quod vis Otherwise I have great cause to be afraid of such a Charge to be executed before so great a Majesty and in so great an Assembly but that I hope your Majesty will extend your Scepter of grace as Ahashuerus did to sustain me in my fainting Your Majesty is Princeps Haereditarius descended from both the Roses and hath united both the Kingdoms At your first entrance you wrought a wonder in the Tumult of our Cares and Cloud of our Fears happening upon the death of the late Queen by the bright beams of your Sunshine which a Poet elegantly expressed Mira cano sol occubuit nox nulla secuta est There was a David in Hebron and no Ishbosheth to disturb your peaceable entrance but the Acclamations of all your Subjects and Commons concurring to express their great contentment This was no sudden flash of joy but a constant blessing by the continuance of the Gospel and true Religion maugre the malice and hellish invention of those who would have blown up all at once but God laughed them to scorn and they fell into their own trap These things I leave to your Majesties Royal remembrance as a duty to be practised and to be expressed by our thankfulness to our holy God for it is a good thing to be thankfull Non est dignus dandis qui non agit gratias pro datis Since my designment to this place I called to mind these Statutes of late times and find two of especial note The first of 32 H. 8. which was called Parlamentum doctum for the many good Laws made for the setling of Possessions The other 39 Eliz. which by a reverend Divine was called Parlamentum pium because the Subjects thereby were enabled to found Hospitals without Licence of Mortmain or Ad quod damnum And other charitable Laws which I omit being not perpetual And I likewise called to mind many glorious offers made by your Majesty and other good Provisions at the two last Meetings Now your Majesty hath stretch'd forth your Scepter to call us to you again and hath made a Declaration that all jealousies and distractions might be removed and the memory of Parliament-Nullities might be buried And my desire is that your Majesties influence may distill upon us and you proceed in such a sweet harmony and conjunction that Righteousness and Peace may kiss each other and that Mercy and Truth may meet and the World may say Ecce quà m bonum quà m jucundum Regem Populum convenire in unum And for perfecting of this work the good Bills against Monopolies Informers and Concealers may now pass and receive strength with a general liberal and Royal Pardon according to the bounty of the late Queen That so this Parliament may be called Felix Doctum Pium which will be good to your Subjects and no diminution to your Revenue or derogation to your Prerogative which in your Majesties hands is as a Scepter of gold but in others hands is a Rod of iron I need not speak in the praise of the Fundamental Common-Laws Veritas temporis filia Time hath sufficiently justified them Monarchy is the best Government and of Monarchies those which are hereditary The best supply of your Majesties wants is in Parliament where the Subject is bound by his own consent other courses of Benevolence come heavily The Subjects enjoy the Gospel freely by your protection and your Majesty may be safe in their Loyalty Other safeties are but as Ajax his Shield a weight rather then a defence Their desire is that the good Laws for Religion may be confirmed and that the generation of Locusts the Jesuites and Seminary-Priests which were wont to creep in corners and do now come abroad may be by the execution of these good Laws as with an East-wind blown over the Sea Our late Queen Elizabeth lived and died in peace the Pope cursed her but God blessed her And so shall your Majesty having God to your Friend find safety in the Ark of true Religion and when you are old and full of days land you in Heaven And then our hopeful Prince which sprang out of your own loins shall sway that Scepter which you must leave to enjoy a Crown celestial And God in his due time will restore the distressed Princess her Husband and Royal Issue to that Inheritance which is now possessed by the usurping sword of their Enemies Whereof we are the more confident because that Country was heretofore a Sanctuary in our distress when Religion was here persecuted Cato was wont to say Hoc sentio Carthago destruenda est But I say Hoc sentio Palatinatus recuperandus est The question was put to a Lacedemonian Why their City wanted Walls Who answered Concord was their Walls Your Majesty under God is a sole and entire Monarch whose Walls are the Ocean without and fortified within with a Wall of Brass the bond of Unity and Religion And happy is that place of which it may be said as of Ierusalem It is a City at unity within it self Neither is your Government confined within the limits of this Kingdom but extends it self to Ireland where your Majesties care and pains in our late Imploiment gave divers provident Directions for the setting forth of Religion the reforming of Courts of Justice and inflicting punishment on the Disturbers of the Publick peace And I was Ocularis testis that you have made these ample Endowments of Churches out of your own Excheated Revenue as will be to your honor in all posterity But my desire is as well in the beginning as in all other our proceedings our words may be vera pauca ponderosa Therefore with your Gratious Favor according to antient Presidents we are humble Suitors That you would be pleased to allow our antient Priviledges And that for our better Attendance our Persons Goods and necessary Attendants may be free from Arrests and that we may have liberty of free Speech
gave you thanks for your general offer by which you did engage your selves in your Lives and Estates which is more then Forty Subsidies if you had named them and more worth then a Kingdom for the strength of a King next under the protection of God stands in the hearts of his people And I must needs say in this particular it is without example that ever any Parliament for a beginning gave to a King so great a supply to be levied in so short a time This may well serve for a preparation And for my part first considering your general offer which is ten times more to me then all Subsidies and next considering that these particulars coming from you be as much as at once you are able to pay in so short a time being within a year and as much as may be well expected Therefore with as much love and as great thanks as a loving and kinde King can give to so loving and dutiful a people I thank you for your offer and do accept it I told you before that I would never have craved your Advice to reject it and so to put a scorn upon you Think me not the Man It is true I think no wise King can undertake so great a bargain but he must well be-think himself before-hand And I account it better that a King advise well before he take a Resolution then advise rashly and after repent Therefore my Lords and Gentlemen I declare unto you That as I am willing to follow your Advice in the annulling and breach of the two Treaties both of the Match and of the Palatinate so on the other part I assure my self you will make good what you have said That what you advise me unto you will assist me with your Wisdom and Council and Forces if need require I pray you have a charitable opinion of me as you are to have of a King who hath so long ruled and governed over you and I may vaunt my self thus far to have done it with Justice and Peace But as I told you before all my forbearance hath been for sparing the effusion of Christian Blood and as the most easie and probable way for recovering the Palatinate for my Children It is true I have been so long delayed and paid with generals that I dare not trust longer unto that which made me erre The Duke of Buckingham made a particular relation unto you of all that business and I am sure such an accompt was never before given in Parliament that thereby you may know what to trust to I could in this case have resolved my self but I thought it could not but be both a strength and honor to me to have the Advice of my people My Lords in the late Parliament I then declared it unto you that I was resolved without respect of Friendship or Match or whatsoever to have the Palatinate one way or other I hope you remember it God is my Judge and Saviour I never had any other end and it is pitty I should live to have any other end and for my part except by such means as God may put into my hands I may recover the Palatinate I could wish never to have been born I am old but mine onely Son is yong and I will promise for my self and him both that no means shall be unused for the recovery of it and this I dare say as old as I am if it might do good to the business I would go in mine own person and think my labor and travel well bestowed though I should end my days there For if I should spare any means possible for the recovery of it then let me not be thought worthy to Reign over you and in good faith I never resolved to live with other minde and I will say more there was never any Enemy of my Son-in-law with whom I talked on of the business or any that I ever spake with of the same which did not say and confess I had reason to have the Palatinate one way or other And when they say that it is good reason and themselves allow it it is a good spur to me to think on it My Lords and Gentlemen thus far assure your selves I will go chearfully about it to prepare all things possible for it and as you have given the means so will I employ them toward it In the next degree I hope you will think of me but that I leave to your own Counsel and Consideration But I protest to God a penny of this Money shall not be bestowed but upon this Work and by your own Committees and I assure my self you will think of me for a double Reason My Customs are likely to fall by occasion of the War and my Charges increase but undertaking the War I must go through with it one way or other though I sell my Jewels and all In the next Session you will consider how this hath been husbanded and according to that think what is next to be done and it will spur you the more to enable me for the rest whereof I spake to you before His Majesty further said I will clear you in some things for I will not deal with you in any thing but fairly and clearly as a King Though I have broken the Necks three of Parliaments one after another I hope that in this Parliament you shall be so resolved of the sincerity of my heart and of your duties and affections that this shall be a happy Parliament and make me greater and happier then any King of England ever was In my last Speech I promised you that if I accepted your offer I would follow your Advice and would not after hearken to any Treaty of Peace without first acquainting you and requiring your Advice and I likewise promised nothing should be spent of your Moneys but by your own Committees But I desire you to understand That I must have a faithful secret Counsel of War that must not be ordered by a multitude for so my designs may be discovered before hand and one penny of this Money shall not be bestowed but in sight of your own Committees But whether I shall send Twenty thousand pounds or Ten thousand pounds whether by Sea or Land East or West by Diversion or otherwise by Invasion upon the Bavarian or Emperor you must leave that to your King Assure your selves my delay hitherto was upon hope to have gotten it without a War I held it by a hair hoping to have gotten it by a Treaty but since I see no certainty that way I hope that God who hath put it into your hearts thus to advise me and into my heart to follow your Advice will so bless it that I shall clear my Reputation from obliquy and in despight of the Devil and all his Instruments shew that I never had but an honest heart And I desire that God would bless our labors for the happy Restitution of my Children and whosoever did the wrong
I deserved better at their hands After this the King purposing to signifie to the King of Spain That his Parliament had advised him to break off the Treaties and to recover the Palatinate by War The notice of a sharp Petition against Popish Recusants framed by the House of Commons and sent up to the Lords for their Concurrence did a little stagger his Resolution as appeareth by the following Letter written with his own hand to Secretary Conway I Doubt not but you have heard what a stinging Petition against the Papists the Lower House have sent to the Higher House this day that they might joyntly present it unto me Ye know my firm resolution not to make this a War of Religion and seeing I would be loth to be Coney-catched by my people I pray you stay the Post that is going to Spain till I meet with my Son who will be here to morrow morning Do it upon pretext of some more Letters ye are to send by him and if he should be gone hasten after him to stay him upon some such pretext and let none living know of this as you love me And before two in the afternoon to morrow you shall without fail hear from me Farewell James R. The Petition which the King called a stinging one was intended to be presented to his Majesty from both Houses in form as followeth May it please your most Excellent Majesty WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled having to our singular Comfort received your Princely Resolution upon our humble Petition to dissolve the two Treaties of the Match and of the Palatinate and having on our parts with all alacrity and readiness humbly offered our assistance to your Majesty to maintain the War which may ensue thereupon Yet withal sensibly finding what Seditious and Traiterous Positions those Incendiaries of Rome and professed Engines of Spain the Priests and Iesuites infuse into your natural born Subjects what numbers they have seduced and do daily seduce to make their dependance on the Pope of Rome and King of Spain contrary to their Allegiance to your Majesty their Liege Lord What daily resort of Priests and Iesuites into your Kingdoms what Concourse of Popish Recusants much more then usual is now in and about the City of London what boldness yea what insolency they have discovered out of the opinion conceived of their foreign Patronage what publick resort to Masses and other Exercises of the Popish Religion in the houses of foreign Ambassadors there is daily to the great grief and offence of your good Subjects what great preparations are made in Spain sit for an Invasion the bent whereof is as probable to be upon some part of your Majesties Dominions as upon any other place what encouragement that may be to your Enemies and the Enemies of your Crown to have a party or but the opinion of a party within your Kingdoms who do daily increase and combine themselves together for that purpose what disheartening of your good and loving Subjects when they shall see more cause of fear from their false-hearted Countreymen at home then from their professed Adversaries abroad what apparent dangers by Gods providence and your Majesties wisdom and goodness they have very lately escaped which the longer continuance upon those Treaties upon such unfitting Conditions fomented by your own ill-affected Subjects would surely have drawn upon your Majesty and your State Do in all humbleness offer unto your sacred Majesty these their humble Petitions following I. That all Iesuites and Seminary Priests and all others having taken Orders by any Authority derived from the Sea of Rome may by your Maiesties Proclamation be commanded forthwith to depart out of this Realm and all other your Highness ' s. Dominions and neither they nor any other to return or come hither again upon peril of the severest penalty of the Laws now in force against them and that all your Majesties Subjects may hereby also be admonished not to receive entertain comfort or conceal any of that viperous brood upon penalties and forfeitures which by the Lawes may be imposed upon them II. That your Majesty would be pleased to give streight and speedy charge to the Iustices of Peace in all parts of this Kingdom that according to the Laws in that behalf made and the Orders taken by your Majesties Privy-Councel heretofore for policy of State they do take from all Popish Recusants legally convicted or justly suspected all such Armor Gunpowder and Munition of any kinde as any of them have either in their own hands or in the hands of any other for them and to see the same safely kept and disposed according to the Law leaving for the necessary defence of their house and persons so much as by the Law is prescribed III. That your Majesty will please to command all Popish Recusants and all other who by any Law or Statute are prohibited to come to the Kings Court forthwith under pain of your heavy displeasure and severe Execution of your Laws against them to retire themselves their wives and families from or about London to their several dwellings or places by your Laws appointed and there to remain confined within five miles of their dwelling places according to the Lawes of this your Realm And for that purpose to discharge all By-past Licences granted unto them for their repair hither And that they presume not any time hereafter to repair to London or within ten miles of London or to the Kings Court or to the Princes Court wheresoever IV. That your Majesty would forbid and restrain the great resort and concourse of your own Subjects for the hearing of Masse or other Exercises of the Romish Religion to the houses of foreign Ambassadors or Agents residing here for the service of their several Princes or States V. That where of late in several Counties in this Realm some have been trusted in the places of Lord-Lieutenants Deputy-Lieutenants Commissioners of Oyer and Terminer Iustices of Peace and Captains of their Countries which are either Popish Recusants or Non-Communicants by the space of a year now last past or which do not usually resort to the Church to Divine service and can bring no good Certificate thereof that your Majesty would be pleased to discharge them from these places of trust by which they have that power in the Countrey where they live as is not fit to be put into the hands of persons so affected VI. That your Majesty would be pleased generally to put the Lawes in due Execution which are made and stand in force against Popish Recusants And that all your Iudges Iustices and Ministers of Iustice to whose care these things are committed may by your Maiesties Proclamation be commanded to do their duty therein VII That seeing we are thus happily delivered from that danger which these Treaties now dissolved and that use which your ill-affected Subiects made thereof would certainly have
with Brick which he intendeth onely for the Beauty and more â—afety of the City therefore he will go through with it and if the Commissioners offend herein let the party aggrieved complain and he will redress it that the form of proceedings used by the Commons in this Parliament is also a grievance unto his Majesty for that they did not call the Commissioners whom they complained of before them touching their complaint against Doctor Aynan his Majesty said their oath of Supremacy forbids them to meddle with Church matters besides they complain against him and never heard him Touching their complaint against the Apothecaries his Majesty protested his care therein to be onely for his peoples health it is dangerous for every one to meddle with Apothecaries ware and the Grocers have a Trade beside His fourth grievance is that Seditious Books are so frequently printed which he will be carefull to prevent hereafter Fifthly for calling in so many Patents appointing the Patentees to wait so many days with their Council and never to hear them wherefore his Majesty warned them to call for no more hereafter unless they first knew them to be grievous to the people and so his Majesty concluded with thanks for the Commons good carriage towards him and his Lords this Session Then the Lord Keeper spake to the particulars of the Speakers Speech and by his Majesties command approved them all alluding the general consent of both Houses to the Septuagint directed by the Holy Ghost and touching the Speakers desire for the Kings assent to the Bills past both Houses he said the royal assent is proper to the Lawgiver and shewed that it is best for the people that this is in his Majesties power and not in themselves for the King knoweth what is best to be granted unto his people as may appear by the Petition that Bathsheba made to King Solomon to give unto Adonijah Abishag to wife which had Solomon granted he had given Adonijah means to usurp the Kingdom contrary to Bathsheba's meaning and such is his Majesties intent this day for such Bills which he will not pass That his Majesty had given his consent to all the Bills of Grace and to the Bill of the continuance of some Statutes and repeal of others so necessary and for the good of the people That his Majesty accepteth in good part their thanks for his general Pardon which he hath so freely granted unto his Subjects but his special command is that those that are in Office do look strictly to the execution of Laws against Recusants the Subsidies his Majesties graciously accepteth and therefore imitates not the Story in Macrobius of one who had all his debts paid and instead of thanks answered mihi nihil though this be given to the Palatinate his Majesty interpreteth it as given to himself and rendreth to you all hearty thanks for the same The Lord Keeper having ended his Speech the Clerk of the Crown stood up and read the title of the Bills passed both Houses and the Clerk of the Parliament read his Majesties Answer to each Bill which being done his Majesty remembred the breaking up of three Parliaments together and the happy conclusion of this Session and puts the Commons again in minde that at their next meeting they do so carry themselves that this Parliament may be as happily continued to the end At the Parliament holden at Westminster by Prorogation the Nineteenth day of February Anno Regis Iacobi Angliae Franciae Hiberniae vicesimo primo Scotiae quinquagesimo septimo These Acts were passed 1. AN Act for making perpetual an Act made Anno 39 Eliz. Entituled An Act for the Erecting of Hospitals and Workhouses for the Poor 2. An Act for the quiet of the Subject against Concealments 3. An Act concerning Monopolies and Dispensations with Penal Laws 4. An Act for ease of the Subjects concerning Informations upon Penal Statutes 5. An Act That Sheriffs their Heirs c. having a Quietus est shall be discharged of their Accompts with the Judges opinion therein 6. An Act concerning Women convicted of small Felonies 7. An Act to repress Drunkenness and to restrain the haunting of Inns c. 8. An Act to punish Abuses in procuring Supersedeas of the Peace out of the Courts at Westminster and to prevent the Abuses in procuring Writs of Certiorari out of the said Courts c. 9. An Act for the Free Trade of Welsh Clothes c. in England and Wales 10. An Act to repeal a Branch of the Statute An. 34 H. 8. Entituled An Act for certain Ordinances in the Kings Dominions and Principality of Wale 11. An Act for Confirmation of a Judgment given for his Majesty in a Scire facias against Henry Heron and for Declaration of the Letters Patents therein mentioned to be void 12. An Act to make perpetual the Act for ease in pleading against troublesom Suits prosecuted against Justices of the Peace Mayors c. 13. An Act for the further reformation of Jeofails 14. An Act to admit the Subject to plead the General Issue in Informations of Intrusion brought on the Kings behalf and to retain his Possession till Trial. 15. An Act to enable Judges and Justices to give restitution of Possession in certain cases 16. An Act for Limitation of Actions and for avoiding of Suits in Law 17. An Act against Usury 18. An Act for the Continuance of a former Statute made 4º Iac. Entituled An Act for the true making of Woollen Clothes 19. An Act for the further Description of a Bankrupt and relief of Creditors against such as shall become Bankrupts and for inflicting of Corporal punishment upon them in some Cases 20. An Act to prevent Swearing and Cursing 21. An Act concerning Hostlers and Inholders 22. An Act explaining a Statute An. 3 4 5 E. 6. concerning the Traders of Butter and Cheese 23. An Act to avoid Delaies by removing of Actions out of Inferior Courts 24. An Act for relief of Creditors against such as die in Execution 25. An Act for relief of Patentees Tenants and Farmers of Crown-Lands and Duchy-Lands 26. An Act against such as shall levy any Fine suffer any Recovery knowledge any Statute Recognisance Bail or Judgment in the name of any person not privy thereunto 27. An Act to prevent the murthering of Bastard-children 28. An Act to continue divers Statutes and repeal others 29. An Act to enable Prince Charls to make Leases of Lands parcel of the Duchy of Cornwal or annexed to the same 30. An Act to assure York-House and other Lands to the King and to assure the Manors of Brighton Santon and other Lands to the Archbishop of York c. 31. An Act for the good Government of the Makers of Knives in Hallam-shire in the County of York 32. An Act to make the Thames Navigable from Bercot to Oxon. 33. An Act for the Subsidies of the Clergy 34. An Act for Three Subsidies Three Fifteens and Tenths granted by the
against the Countrey or Dominion which of right appertain and are in truth the just and lawful possession of the King of Spain or the Lady Infanta Isabella And in case any such Hostility shall be acted contrary to this his Majesties intention all such Commissions which shall be granted to that purpose by the said Count Mansfield his Majesty doth declare to be void and that all payments shall cease That on the contrary if Obedience be given hereunto the King wisheth the Count all good success for the recovery of the Palatinate and reestablishment of the Peace in Germany against the Duke of Bavaria and those that are the troublers of the Peace And for the performance hereof the King caused Count Mansfield to take an Oath That he would conform according to the Contents of the said Commission and Declaration of his Majesty which Oath was almost in Terminis of what is before expressed This Army consisting of Twelve Regiments was intended to Land in France but being ready for Transport the French notwithstanding their Promise and the Treaty of Marriage demurred yet not plainly denied their passage Nevertheless the whole Army was shipped and put over to Calice and after a tedious stay in hope yet to land and pass through the Countrey they were forced to set sail for Zealand Neither were they suffered to land there coming so unexpectedly upon the States and in a hard Season for Provision of Victuals Thus they were long pent up in the Ships and suffered the want of all Necessaries by which means a Pestilence came among them and raged extreamly so that they were thrown into the Sea by Multitudes insomuch that scarce a Third part of the men were landed the which also afterward mouldred away and the Design came to nothing The Papist formerly danted by the Breach of the Spanish Match was now again revived by the Marriage-Treaty with France And at this time upon the Death of William Titular Bishop of Calcedon most of the English Secular Priests did Petition the Pope that another Bishop might be sent over into England there to Ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Kellison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo President of the English Benedictines at Doway wrote a Letter in their behalf to the Congregation at Rome named of the Propagation of the Faith Dated the Twelfth of December One thousand six hundred twenty and four In which Letter was this passage That there were above Sixty Benedictine Monks in England and that it is not to be doubted said he For that it is already seen the good success under the First Bishop That another Bishop being Constituted there would be more joyful fruits within one two years in the English Mission then hitherto hath been for Sixty years now elapsed But not long after the Episcopal party prevailing Pope Urban the Eight created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions King Iames after he had been troubled with a Tertian Fevor four Weeks finding himself near the end of his days called unto him Charles Prince of Wales his onely Son to whom he recommended the Protection of the Church of England advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter and to employ the power he left him to reestablish them in the Estate and Dignities of their Father And lastly he recommended to him his Officers who had faithfully served him and on the Seven and twentieth of March gave up the ghost And shortly after Bishop Laud delivered to the hands of the Duke of Buckingham brief Annotations or Memorables of the Life and Death of King Iames viz. I. HE was a King almost from his Birth II. His great Clemency that he should Reign so long and so moderately that knew nothing else but to Reign III. The difficult times in Scotland during his Minority as much perplexed with Church as State Factions IV. His admirable Patience in those yonger times and his Wisdom to go by those many and great difficulties till God opened him the ways to his just Inheritance of this Crown V. His peaceable Entry into this Kingdom contrary to the fears at home and the hopes abroad not without Gods great blessing both on him and us VI. His Ability as strong in Grace as Nature to forgive some Occurrences VII The continuance of full Two and twenty years reign all in Peace without War from Foreign Enemy or Rebellion at home VIII The infinite advantage which people of all sorts might have brought to themselves and the enriching of the State if they would have used such a Government with answerable care and not made the worst use of peace IX Gods great mercy over him in many deliverances from private Conspirators and above the rest that which would have blown up his Posterity and the State by Gun-powder X. That in all this time of his Reign of England he took away the life of no one Nobleman but restored many XI That the sweetness of his nature was scarce to be paralleld by any other XII It is little less then a Miracle that so much sweetness should be found in so great a heart as besides other things sickness and death it self shewed to be in him XIII Clemency Mercy Justice and holding the State in Peace have ever been accounted the great Vertues of Kings and they were all eminent in him XIV He was not onely a preserver of Peace at home but the great Peace-maker abroad to settle Christendom against the common enemy the Turk which might have been a glorious work if others had been as true to him as he was to the common good XV. He was in private to his Servants the best Master that ever was and the most free XVI He was the justest Man that could sit between parties and as patient to hear XVII He was bountiful to the highest pitch of a King XVIII He was the greatest Patron to the Church which hath been in many Ages XIX The most Learned Prince that his Kingdom hath ever known for matters of Religion XX. His integrity and soundness in Religion to write and speak believe and do live and die one and the same and all Orthodox XXI His tender love to the King his Son our most gratious Soveraign that now is and his constant Reverence in performance of all duties to his Father the greatest Blessing and greatest Example of this and many Ages XXII The Education of his Majesty whom we now enjoy and I hope and pray we may long and in happiness enjoy to be an able King as Christendom hath any the very first day of his Reign the benefit whereof is
attended by all the Servants in Ordinary The day following the Privy-Counsellors to the late King with all the Lords Spiritual and Temporal then about London were in the Council Chamber at Whitehall by Eight of the Clock in the morning ready to go together and present themselves to his Majesty but there came in the mean a Commandment from the King by the Lord Conway and Sir Albertus Morton Principal Secretaries of State to the deceased King that the Lord Keeper of the Great-Seal should be sworn of his Majesties Privy-Council and that he should give the Oath to the Lord President by whom all the rest of the late Kings Council should be sworn Counsellors to his present Majesty The Lord Keeper of the great Seal the Lord President the Lord Arch-bishop of Canterbury the Lord Treasurer of England the Lord Privy-Seal the Duke of Buckingham Lord Admiral of England the Earl of Pembrook Lord Chamberlain the Earl of Montgomery the Earl of Kellye the Earl of Arundel Earl Marshal of England the Lord Viscount Grandison the Lord Conwey the Lord Brook Mr Treasurer Mr Comptroller the Master of the Wards Mr Secretary Morton Mr Chancellor of the Exchequer and the Master of the Rolls were this day sworn accordingly the Lord Keeper did take an Oath apart as Lord Keeper of the Great Seal the Lord Treasurer as Lord Treasurer of England the Lord President as Lord President of the Kings Privy-Council and the Lord Conwey and Sir Albertus Norton as principal Secretaries of State the Lords which were not of his Majesties Privy-Council repaired by themselves to St Iames's and presented themselves to the King and kissed his hand The Council sat immediately and advised of the most important and pressing matters to be offered to the King for his present service and resolved upon these particulars That a Commission be granted to authorize the Great-Seal Privy-Seal and Signet till new ones be prepared also Commissions for authorizng of Judges Justices of Peace Sheriffs and other such Officers for Government that there be a general Proclamation for continuation of Proceedings preservation of Peace and administration of Justice that Letters be prepared for the Ambassadors with foreign Princes to authorize their services to the King that special Messengers be sent unto foreign Princes that the like Proclamations to those of England be sent into Scotland that Commissions be renewed into Ireland to the Deputy and Officers there that the Mint for Coyning of money go on and all things be mannaged by the Officers as then they stood till the Kings pleasure be further known that a Parliament be summoned when the King shall appoint that the Kings pleasure be known concerning the time of his Fathers Funeral and where the Corps shall rest in the mean time as also the time of his Majesties Coronation This being done the whole Council attended the King at St Iames's where the Lord Keeper in the name of all the rest presented their humble thanks that it had pleased his Majesty to have affiance in those that had been Counsellors to his Father to receive them all to be of his Privy-Council the Lord President represented to the King the matters before mentioned which the King allowed and gave order that those of them which required speed should be put in execution and most of the powers he signed presently And first because by the death of the late King the Authorities and powers of the greatest number of Offices and places of Government did cease and fail by the failing of the Soveraign Person from whom the same were derived a Proclamation issued forth signifying his Majesties pleasure that all persons whatsoever who at the decease of the late King were invested in any Office or Place of Government Civil or Martial within the Realms of England and Ireland and namely Presidents Lieutenants Vice-Presidents Judges Justices Sheriffs Deputy Lieutenants Commissaries of Musters Justices of Peace shall continue in their several Offices till his Majesties pleasure were further known In another Proclamation of the same date the King took notice of his Fathers death and that he being his onely Son and undoubted Heir is invested and established in the Crown Imperial of this Realm and all other his Majesties Realms Dominions and Countries with all the Royalties Preeminencies Stiles Names Titles and Dignities to the same belonging and he declared That as he for his part shall by Gods grace shew himself a most benign and gracious Soveraign Lord to all his good Subjects in all their lawfull Suits and Causes so he mistrusteth not but that they on their parts will shew themselves unto him their natural Liege Lord most loving faithfull and obedient Subjects The Council resolved to move the King that his Fathers Funeral might be solemnized within five weeks and within a few dayes after the Ceremonial Nuptials in France and before the Parliament began in England These Resolves the Lord President represented unto the King who accepted of the advices and said he would follow them Moreover he summoned a Parliament to begin the seventeeth of May but by the advice of his Privy-Council Prorogued it to the one and thirtieth of May afterwards to the thirteenth of Iune and then to the eighteenth of the same moneth which Prorogations were occasioned by the Kings going to Dover to receive the Queen April 23. The Body and Herse of King Iames was brought from Theobalds to London being conducted by the Officers of the Guard of the Body all in Mourning every one having a Torch and attended by all the Lords of the Court and great numbers of other persons of quality and was placed in Denmark-House in the Hall of the deceased Queen Anne The seventh of May was the day of Burial the Body and Herse were taken from the said Hall of State and brought in great Pompe and Solemnity to Westminster where the Kings of England use to be interred The new King to shew his Piety towards his deceased Father was content to dispense with Majesty he followed in the Rear having at his right hand the Earl of Arundel at his left the Earl of Pembrook both Knights of the Garter his Train was born up by twelve Peers of the Realm So King Iames who lived in Peace and assumed the title of Peace-maker was peaceably laid in his Grave in the Abby at Westminster King Charles in his Fathers life time was linked to the Duke of Buckingham and now continued to receive him into an admired intimacy and dearness making him Partaker of all his Counsels and Cares and Chief Conductor of his Affairs an Example rare in this Nation to be the Favorite of two succeding Princes The Publick State of Religion and the steering of Church-matters had an early inspection and consultation in the Cabinet Council Bishop Laud who in King Iame's life time had delivered to the Duke a little book about Doctrinal Puritanism now also delivered to the Duke a
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
upon the Priviledges of the Peers of this Land and upon mine and their safety hereafter For if the Writ be not obeyed the Law calleth it a Misprission and highly fineable whereof we have had late examples and a missive Letter being avowed or not is to be doubted would not be adjudged a sufficient discharge against the Great-Seal of England On the other side if the Letter be not obeyed a Peer may De facto be committed upon a Contempt in the interim and the Question cleared afterwards so that in this case it is above mine abilities I can onely answer your Lordship that I will most exactly obey and to the end I may understand which obedience will be in all kindes most suitable to my duty I will presently repair to my private Lodging at London and there remain until in this and other Causes I shall have petitioned his Majesty and understand his further pleasure For the second part of your Lordships Letter where your Lordship saith That his Majesties meaning is not thereby to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as before so that your Lordships personal attendance here is to be forborne I conceive your Lordship intendeth this touching my coming to Parliament onely for as touching my comning to London I never had at any time one word of prohibition or colourable pretence of restraint but on the contrary having his late Majesties express leave to come to London to follow my affairs out of my respect to his Majesty then Prince and to the Duke of Buckingham I forbore to come until I might know whether my coming would not be disagreeable unto them whereunto his Majesty was pleased to answer both under the hand of the Duke and of Mr Secretary Conway That he took my respect unto him herein in very good part and would wish me to make use of the leave the King had given me since which time I never received any Letter or Message of restraint onely his Majesty by his Letter bearing date June the last commandeth me to remain as I was in the time of the King his Father which was with liberty to come to London to follow mine own affairs as I pleased as will appear unto your Lordship if you will afford me so much favor as to peruse them I have writ this much unto your Lordship because I would not through misunderstanding fall into displeasure by my coming up and to intreat your Lordship to inform his Majesty thereof And that my Lord Conway by whose Warrant I was onely restrained in the late Kings time of famous memory may produce any one word that may have so much as any colourable pretence of debarring my coming up to London I beseech your Lordship to pardon my desire to have things clearly understood for the want of that formerly hath caused all my troubles and when any thing is misinformed concerning me I have little or no means to clear it so that my chief labor is to avoid misunderstanding I shall conclude with beseeching your Lordship to do me this favor to let his Majesty understand that my coming up is onely rightly to understand his pleasure whereunto I shall in all things most dutifully and humbly conform my self And so with my humble service to your Lordship I recommend you to Gods holy protection and remain Your Lordships most humble Servant BRISTOL Sherborn April 12. 1626. Hereupon the Lord Keeper delivered this Message from the King to the House of Lords THat his Majesty hath heard of a Petition preferred unto this House by the Earl of Bristol so void of duty and respects to his Majesty that he hath great cause to punish him That he hath also heard with what duty and respectfulness to his Majesty their Lordships have proceeded therein which his Majesty conceiveth to have been upon the knowledge they have that he hath been restrained for matters of State and his Majesty doth therefore give their Lordships thanks for the same and is resolved to put the Cause upon the honor and justice of their Lordships and this House And therefore his Majesty commanded him the Lord Keeper to signifie to their Lordships his Royal pleasure That the Earl of Bristol be sent for as a Delinquent to answer in this House his Offences committed in his Negotiations before his Majesties being in Spain and his Offences since his Majesties coming from Spain and his scandalizing the Duke of Buckingham immediately and his Majesty by reflection with whose privity and by whose directions the Duke did guide his Actions and without which he did nothing All which his Majesty will cause to be charged against him before their Lordships in this House The Lords appointed a Committee to attend the King and to present their humble thanks to his Majesty for the trust and confidence he had placed in the honor and justice of their House About this time the Marshal of Middlesex petitioned to the Committee of the House of Commons touching his resistance in seising of Priests goods A Warrant was made by Mr Attorney General to Iohn Tendring Marshal of Middlesex and other therein named to search the Prison of the Clink and to seise all Popish and Superstitious matters there found A Letter also was directed to Sir George Paul a Justice of Peace in Surrey to pray him to take some care and pains to expedite that service On Good Friday April 7. Sir George Paul was ready by six a clock in the morning five or six Constables being charged and about an hundred persons to aid and assist them The Marshall being attended with the persons named in the Warrant and divers others of his own servants and the Aid being provided by Sir George Paul came to the Clink and finding a door open without any Porter or Door-keeper at all entred without resistance at the first appearing But immediately upon discovery of his purpose the Concourse of people without and his unexpected entrance giving occasion thereto the Porter steps up shuts the door and keeps the Marshal and some few that entred together with him within and his Aid without resisting them that would enter their Warrant being shewed notwithstanding until by force another door was broken open by which the other persons named in the Warrant the Marshals men with the Constables and others appointed for their assistance with Halberts did enter also leaving sufficient company without to guard the three several doors belonging to the House Being within the Marshall gave direction to his followers to disperse themselves into several parts of the House to the end that whilest he did search in one part the other parts and places might be safely guarded and so he proceeded in his search in the prosecution whereof he found four several Priests in the house viz. Preston Cannon Warrington Prator Preston was committed to the Clink about 16 years since and discharged of his imprisonment about
adding but one The Regality of our Narrow Seas the Antient Inheritance of our Princes lost or impeached This I need not further to press but from hence my Observation must descend to his other Virtues and that by way of Perspective I shall give it so near and short as rather to exercise your Lordships Memory then to oppress your patience First I propose unto your Lordships the inward Character of the Dukes minde which is full of Collusion and Deceipt I can express it no better then by the Beast called by the Antients Stellionatus a Beast so blur'd so spotted so full of foul lines that they knew not what to make of it So do we finde in this mans practice who first inveagled the Merchants drawing them to Deep to be inchralled then dealt deceitfully with the King to colour his Offences his design being against Rochel and the Religion Next with the Parliament to disguise his Actions a practice no less dangerous and disadvantageous to us then prejudicial to our Friends and Allies Next I present to your Lordships the Dukes high oppression and that of strange latitude and extent not to Men alone but to Laws and Statutes to Acts of Council to Pleas and Decrees of Court to the pleasure of his Majesty all must stoop to him if they oppose or stand in his way This hath been expressed unto you in the Ship called the St. Peter and those of Deep nay he draws on the colour of his Majesties great Name to shadow his design It had been his duty nay the trust of his place not to have translated them into the hands of strangers that had his Majesty yeilded in that point the Duke should have opposed it by his continual Prayers and Intercessions making known unto his Majesty the Inconveniencies likely to ensue and not to rest there but to have reported it to your Lordships sitting in Council to have desired and prayed your aid and assistance in a matter of so great importance And if this had failed he should have entered into a Protestation against it This hath been done by worthy Predecessors in that Office and this had been the worthy discharge of the great trust reposed in his place I heard the Ships were returned but I know it not but if I knew so this neither excuseth nor qualifieth the Dukes offence The French in this case are to be commended not he excused he left them in the hands of a Foreign Power who when they once had them for any thing he knew might easily have kept them The third head is The Dukes extortion in exacting from the East-India Company without right or colour Ten thousand pounds exquisitely expressed and Mathematically observed by the Gentleman you know by whom employed who by his Marine experience learned this Observation That if the Fleet gained not the wind by such time at the Cape the Voyage was lost Here one of the Lords interposing privately It was the King that employed him Sir Iohn Elliot in the Name of the Commons makes this Protestation Far be it from them to lay any Odium or Aspersion on his Majesties Name they hold his Honor spotless nor the least shadow of blemish can fix upon him in this business Next to foul Extortion is Bribery and Corruption in the Sale of Honor and Offices of Command That which was wont to be the crown of Vertue and Merit is now become a merchandise for the greatness of this man and Justice it self made a prey unto him All which particulars your Lordships have heard opened and enforced with Reasons and Proofs what in themselves they are and therefore I spare further to press them In the fifth place I observe a wonder in Policy and in Nature how this man so notorious in evil so dangerous to the State in his immense greatness is able to subsist of himself and keep a Being To this I answer That the Duke hath used the help of art to prop him up It was apparent That by his skill he hath raised a party in the Court a party in the Country and a main party in the cheif places of Government in the Kingdom So that all the most deserving Offices that require Abilities to discharge them are fixed upon the Duke his Allies and Kinred And thus he hath drawn to him and his the Power of Justice the Power of Honor and the Power of Command and in effect the whole Power of the Kingdom both for Peace and War to strengthen his Allies and in setting up himself hath set upon the Kingdoms Revenues the Fountain of Supply and the Nerves of the Land He intercepts consumes and exhausts the Revenues of the Crown not onely to satisfie his own lustful desires but the Luxury of others and by emptying the Veins the Blood should run in he hath cast the Body of the Kingdom into a high Consumption Infinite sums of Money and mass of Land exceeding the value of Money Contributions in Parliament have been heaped upon him and how have they been employed Upon costly Furniture sumptuous Feasting and magnificent Building the visible evidences of the express exhausting of the State and yet his Ambition which is boundless resteth not here but like a violent flame bursteth forth and getteth further scope Not satisfied with injuries and injustice and dishonoring of Religion his attempts go higher to the prejudice of his Soveraign which is plain in his practice The effects I fear to speak and fear to think I end this passage as Cicero did in a like case Ne gravioribus utar verbis quam rei natura fert aut levioribus quam causae necessitas postulat Your Lordships have an Idea of the Man what he is in himself what in his affections You have seen his power and some I fear have felt it you have known his practice and have heard the effects It rests then to be considered what being such he is in reference to the King and State how compatible or incompatible with either In reference to the King he may be stiled the Canker in his Treasure in reference to the State the Moth of all goodness What future hopes are to be expected your Lordships may draw out of his Actions and Affections I will now see by comparison with others to what we may finde him likened I can hardly finde him a match or parallel in all Presidents none so like him as Sejanus who is thus described by Tacitus Audax sui obtegens in alios criminator juxta adulator superbus To say nothing of his Veneries if you please to compare them you shall easily discern wherein they vary such boldness of the one hath lately been presented before you as very seldom or never hath been seen For his secret Intentions and Calumniations I wish this Parliament had not felt them nor the other before For his Pride and Flattery it is noted of Sejanus that he did Clientes suos Provinciis adornare Doth not this Man the like Ask England
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
to be guided by ordinary Presidents In like manner the Lord Major and Commonalty of London petitioned the Council for an Abatement of the Twenty Ships rated upon them unto Ten Ships and two Pinnaces alleadging disability whereunto the Council gave this following Answer That the former Commandement was necessary the preservation of the State requiring it and that the charge imposed on them was moderate as not exceeding the value of many of their private estates That Petitions and Pleadings to this Command tend to the danger and prejudice of the Commonwealth and are not to be received That as the Commandment was given to all in general and every particular of the City so the State will require an accompt both of the City in general and of every particular And whereas they mention Presidents they might know that the Presidents of former times were Obedience not Direction and that Presidents were not wanting for the punishment of those that disobey his Majesties Commands signified by that Board which they hope shall have no occasion to let them more particularly understand Hereupon the Citizens were glad to submit and declared their consent to the Kings Demands and by Petition to the Council had the favor to nominate all the Officers of those Twenty Ships the Captains onely excepted the nomination of whom appertained to the Lord High Admiral of England Then there were likewise issued forth Privy Seals to several persons to others the way of Benevolence was proposed And because the late Parliament resolved to have given the King Four Subsidies and Three Fifteens the sums which the King required were according to that proportion And to prevent misunderstandings it was declared unto the Countrey That the Supplies now demanded were not the Subsidies and Fifteens intended to be given by the Parliament but meerly a free gift from the Subject to the Soveraign upon such weighty and pressing occasions of State The Justices of Peace in the several Counties were directed by the Privy Council to send for persons able to give and to deal with them singly by using the most prevailing perswasions Amidst these Preparations the Kingdom being exposed to dangers both Forein and Domestick a general Fast was observed on the Fifth of Iuly in the Cities of London and Westminster and places adjacent and on the Second of August throughout the Kingdom to implore a blessing upon the endeavors of the State and the diverting of those judgments which the sins of the Land deserve and threaten And for the defence of this Realm threatned with a powerful Invasion extraordinary Commissions were given to the Lords Lieutenants of the several Counties to Muster the Subjects of whatsoever degree or dignity that were apt for War and to try and array them and cause them to be armed according to their degrees and faculties as well Men of Arms as other Horsmen Archers and Footmen and to lead them against publick Enemies Rebels and Traytors and their adherents within the Counties of their Lieutenancy to repress slay and subdue them and to execute Martial Law sparing and putting to death according to discretion And in case of Invasions Insurrections Rebellions and Riots without the limits of their respective Counties to repair to the places of such Commotions and as need required to repress them by battel or any forcible means or otherwise either by the Law of this Realm or the Law Martial In like manner lest the deserting of the Coasts Ports and Sea Towns should expose those places to become a prey and invite the Enemy to an Invasion the Inhabitants and those that had withdrawn themselves to Inland places were required to return with their Families and Retinues and there to abide during those times of Hostility and Danger And for securing of the Coasts from Spain or Flanders some of the Kings Ships were employed in the River Elbe to prevent the furnishing of Spain from those parts with materials for shipping which occasioned a great discontent in those of Hamburgh for that their Neighbors of Lubeck and other Towns of the East Sea were free from this restraint insomuch that they resolved to force their passage by a Fleet of Fifty or threescore sail of Ships Whereupon the Lord Admiral informed the Council that his Majesties charge at Hamburgh was expended to little purpose except also the Sound could be shut up against all shipping that should carry prohibited Commodities especially since the Hamburgers send their Commodities by Land to Lubeck to be transported from thence into Spain and that the States and the King of Denmarks Ships are departed from the Elbe and have left the English alone Moreover the King prepared a Royal Fleet which was now at Portsmouth ready to put to Sea under the command of the Lord Willoughby and given out to be designed for Barbary The King of Denmark having put forth a Declaration of the Causes and Grounds wherefore he took up Arms against the Emperor declared one cause thereof to be FOrasmuch as the Elector Palatine by the procurement of the King of Great Britain and him the King of Denmark had offered his Submission to his Imperial Majesty and to crave Pardon and thereupon was in hopes to have his Patrimony with the Dignities of his Ancestors restored Yet notwithstanding the Emperor did still commit great spotles and acts of hostility in his Countrey giving no regard to the said Submission and had much damnified the Lower Saxony by the Forces which he had brought thither under Tilly. Whereupon he sayes the Princes of the Lower Saxony have desired the aid and assistance of him the King of Denmark to settle the Peace and Liberty of Germany who was resolved to take up Arms and with whom he was resolved for to joyn having the like assurance from the King of Great Britain who had déeply engaged to assist in this War for the restitution of the Elector Palatine Therefore the King of Denmark declares That séeing all Prayers Mediations and Accessions cannot prevail with his Imperial Majesty he will endeavor to procure a peace and settlement by force which he should have béen glad would have béen ordained unto him upon fair terms of Treaty In the beginning of the year divers Towns were taken by the King of Denmark and some retaken by Tilly but the Seven and twentieth of August decided the Controversie on which day the King of Denmark upon the approach of Tilly desiring to decline battel with the Emperors old Soldiers many of his own men being new levied Soldiers endeavored to make his retreat but Tilly followed so close his Rear-guard that he kept them in continual action till the King of Denmark saw no remedy but that he must either fight or lose the Rear of his Army and Train of Artillery Whereupon his Commanders advised him to resolve of a place of advantage and face about and give battel which accordingly they did and both Armies drew up near Luttern
special Charge and Direction so soon as the said Fleet or the greatest thereof shall be reassembled and joyned together then presently with the first opportunity of wind taking into his Charge also the Ships stayed and prepared at Portsmouth and Plimouth together with such fire Ships and other Vessels as shall be provided for this expedition to return to Rotchel with all possible diligence and do his best endevor to relieve the same Letting his Lordship know that order is taken for the victualling of the Fleet by Petty warrant so long as it remaineth in Harbor for the sparing and lengthening of the Sea victuals And if it so fall out that the Earl of Denbigh do set forward on his voyage towards Rotchel before the whole Fleet shall be joyned with him we pray your Grace to give him such Direction that he may leave order that the Ships which are behind shall follow him with all speed Monday 2 Iune The King came to the Parliament and spake thus in brief to both Houses Gentlemen I Am come hither to perform my duty I think no man can think it long since I have not taken so many days in answering the Petition as ye spent weeks in framing it And I am come hither to shew you that as well in formal things as in essential I desire to give you as much content as in me lies After this the Lord Keeper spake as followeth MY Lords and ye the Knights Citizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you That he takes it in good part that in consideration of setling your own Liberties ye have generally professed in both Houses that ye have no intention for to lessen or diminish his Majesties Prerogative wherein as ye have cleared your own intentions so now his Majesty comes to clear his and to subscribe a firm League with his People which is ever likely to be most constant and perpetual when the Conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and a strength to his Majesties Prerogative and his Prerogative a defence of your Liberties in which his Majesty doubts not but both he and you shall take a mutual comfort hereafter and for his part he is resolved to give an example in the using of his power for the preservation of your Liberties that hereafter ye shall have no cause to complain This is the sum of that which I am to say to you from his Majesty And that which further remains is That you hear read your own Petition and his Majesties gracious Answer The Petition Exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Soveraign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of King Edward the first commonly called Statutum de Tallagio non concedendo That no Tallage or aide shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Freemen of the Commonalty of this Realm And by Authority of Parliament holden in the five and twentieth year of the Reign of King Edward the third it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land and by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this Freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common censent in Parliament Yet nevertheless of late divers Commssions directed to sundry Commissioners in several Counties with instructions have issued by means whereof your People have been in divers places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other places and others of them have been therefore Imprisoned Consined and sundry other ways molested and disquieted And divers other charges have been layed and levied upon your People in several Counties by Lords Lieutenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called The great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken or imprisoned or be disseised of his Freeholds or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Iudgement of his Peers or by the Law of the Land And in the eight and twentieth year of the reign of King Edward the third it was declared and enacted by Authority of Parliament That no man of what Estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenor of the said Statutes and other the good Laws Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the Causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25 year of the reign of King Edward the third
contribute any Right to Kings whereby to challenge tributary Aids and Subsidiary helps but for the more equal imposing and more easie exacting of that which unto Kings doth appertain by natural and original Law and Justice as their proper inheritance annexed to their Imperial Crowns from their Birth And therefore if by a Magistrate that is Supreme if upon necessity extreme and urgent such subsidiary helps be required a proportion being held respectively to the ability of the persons charged and the sum and quantity so required surmount not too remarkably the use and charge for which it was levyed very hard would it be for any man in the World that should not accordingly satisfie such demands to defend his conscience from that heavy prejudice of resisting the Ordinance of God and receiving to himself damnation though every of those circumstances be not observed which by the municipal Law is required Secondly if they would consider the importunities that often may be urgent and pressing necessaries of State that cannot stay without certain and apparent danger for the motion and revolution of so great and vast a Body as such Assemblies are nor yet abide their long and pausing deliberation when they are assembled nor stand upon the answering of those jealous and over-wary Cautions and Objections made by some who wedded overmuch to the love of epidemical and popular Errors and bent to cross the most just and lawful designs of their wise and gratious Soveraign and that under the plausible shews of singular liberty and freedom which if their Conscience might speak would appear nothing more then the satisfying either of private humors passions or purposes He said he needed not draw any Arguments or Conclusions from these places the substance of the Charge appeared sufficiently in the words themselves and to this third Article he fixed two other of these six Characters of malice That it is his wicked intention to avert his Majesties minde from calling of Parliaments and to cause Jealousies Seditions and Divisions in the Kingdom which he shortly inforced thus If Parliaments be taken away Mischiefs and Disorders must needs abound without any possibility of good Laws to reform them Grievances will dayly increase without opportunity or means to redress them and what readier way can there be to distractions betwixt the King and People to tumults and distempers in the State then this And so he concluded this third Article of the Charge The Limitations whereby the Doctor had provided to justifie or at least to excuse himself were propounded to be three 1. That he did not attribute to the King any such absolute Power as might be exercised at all times or upon all occasions according to his own pleasure but onely upon necessity extreme and urgent 2. That the sum required must be proportionable to the ability of the party and to the use and occasion 3. That he did not say That the substance of the Municipal or National Laws might be omitted or neglected but the Circumstances onely To these were offered three Answers the first general the other two particular The general Answer was this that it is all one to leave the Power absolute and to leave the judgement arbitrary when to execute that Power for although these limitations should be admitted yet it is left to the King alone to determine what is an urgent and pressing necessity what is a just proportion both in respect of the ability and of the use and occasion and what shall be said to be a Circumstance and what of the Substance of the Law and the Subject is left without remedy the legal bounds being taken away no private person shall be allowed to oppose his own particular opinion in any of these points to the Kings Resolution so that all these limitations though specious in shew are in effect fruitless and vain The first particular Answer applied to that limitation of urgent necessity was taken from the case of Normandy as it appears in the Comentaries of Guilme Jermie upon the customary Laws of that Dutchy they having been opprest with some grievances contrary to this Franchise made their complaint to Lewis the tenth which by his Charter in the year 1314. acknowledging the Right and Custome of the Countrey and that they had been unjustly grieved did grant and provide that from thence forward they should be free from all Subsidies and Exactions to be imposed by him and his Successors yet with this clause Si necessitie grand ne le requiret which small exception has devoured all these Immunities for though these States meet every year yet they have little or no power left but to agree to such Levies as the King will please to make upon them The second particular Answer applied to the limitation and diminution of this Power which may be pretended to be made by this word Circumstance as if he did acknowledge the King to be bound to the substance of the Law and free onely in regard of the manner whereas if the places be observed it will appear that he intends by that word the Assembly of Parliaments and assent of the People such Contribution which is the very Substance of the Right and Liberty now in question The Circumstances of Aggravation observed to be annexed to this Cause were these The first from the place where these Sermons were preached the Court the Kings own Family where such Doctrine was before so well believed that no man needed to be converted Of this there could be no end but either Simoniacal by flattery and soothing to make way for his own preferment or else extreme malitious to add new afflictions to those who lay under his Majesties wrath disgraced and imprisoned and to enlarge the wound which had been given to the Laws and Liberties of the Kingdom The second was from the consideration of his holy Function He is a Preacher of Gods Word and yet he had endeavoured to make that which was the onely rule of Justice and Goodness to be the warrant for violence and oppression He is a Messenger of Peace but he had endeavoured to sow strife and dissension not onely amongst private persons but even betwixt the King and his People to the disturbance and danger of the whole State He is a Spiritual Father but like that evil Father in the Gospel he hath given his Children Stones in stead of Bread in stead of Flesh he hath given them Scorpions Lastly he is a Minister of the Church of England but he hath acted the part of a Romish Jesuit they labour our destruction by dissolving the Oath of Allegiance taken by the People he doth the same work by dissolving the Oath of Protection and Justice taken by the King A third point of Aggravation was drawn from the quality of these Authors upon whose authority he doth principally rely being for the most part Fryers and Jesuits and from his fraud and shifting in citing those Authors to purposes quite different from their own
of the Church he would take away occasion by commanding all persons that had any of those Books in their hands to deliver them to the Bishop of the Diocesse or if it be in either Universities to the Chancellor and Vice-Chancellor thereof who were commanded to suppresse them And if any by preaching reading or making of Books pro and contra concerning those unnecessary questions shall revive the difference he was resolved to take such order with them and those Books as they shall wish they had never thought upon those needlesse Controversies But ere this Proclamation was published the Books were for the most part vented and out of danger of seasure and the suppressing of all writing and preaching in Answer thereunto was it seems by some the thing mainly intended for the several answers made by Doctor Featly and Doctor Goad in their parallels by Master Burton Master VVard Master Yates Master VVotton as also by Francis Rows Esq in a Book called King Iames his Religion were all suppressed and divers of the Printers questioned in the high Commission Moreover Bishop Montague and Doctor Manwaring procured a Royal pardon of all Errors heretofore committed by them either in speaking writing or printing for which they might be hereafter questioned And Doctor Manwaring censured by the Lords in Parliament and perpetually disabled from future Ecclesiastical preferments in the Church of England was immediately presented to the Rectory of Stamford-Rivers in Essex and had a dispensation to hold it together with the Rectory of St. Giles in the fields The Town of Rochel was at this time straitly beleagured by the French King and the King of England had prepared a Fleet to relieve it under the Command of the Duke of Buckingham who being advanced as farre as Portsmouth on Saturday August 23. being Bartholomew Eve was suddenly slain in his own Lodgings there by one Leivtenant Felton about nine in the morning who with one blow having got a knife for the purpose struck the Duke under the left rib and up into the heart leaving the knife in his body and got away undiscovered In the fall to the ground the Duke was heard to say The villaine hath killed me Company coming presently in found him weltring in his blood and each person looking upon another marvelled who should do so horrid an act a jealousie was presently had of Monsieur Sobeez who was then there labouring for speedy relief to be sent to Rochel but he protesting his innocency Felton immediately stept out and said I am the man that did the deed let no man suffer that is innocent whereupon he was immediately apprehended sent to London and there imprisoned The King was within four miles of Portsmouth when the news was brought him of the death of the Duke he bid secure the murderer and Bishop Laud had advertisement of his death the 24th of August being then at Croiden with Bishop Neal and other Bishops consecrating Bishop Montague for Chichester Notwithstanding the death of the Duke the King pursued the design of relieving Rochel and again set out a Fleet with provision and fire-ships to put relief into the Town the Fleet went from Plymouth the beginning of September did several times attempt the Barricado but in vaine and so was enforced to give over any further attempt which the Rochellers perceiving gave themselves for lost and immediately came to a capitulation upon very mean tearmes as to themselves yet Lowes King of France was careful by Articles had they been performed that those outrages should not be committed upon the entry of the Town which the few remaining inhabitants were much afraid of and afterwards felt and so mixt mercy with his conquest yet presently after high outrages were committed and great was the persecution of the Reformed Churches which constrained them again to send to the King of England to implore aid with these expressions that what they writ was with their teares and their blood but the treaty being shortly after made between the two Crowns all things were setled in peace between the King and those of the reformed Religion Concerning the state of Rochel at the surrender we have seen a Relation to this purpose that the misery of the besieged was almost incredible having lived long upon Horse-flesh Hides and Leather Dogs and Cats hardly leaving a Horse alive still in hopes that the relief promised from England would prove effectual to them they held it so long till they were but about four thousand left alive of fifteen thousand souls most of them died with famine and when they begun to be pinched with the extremity of hunger they died so fast that they usually carried their Coffins into the Church-yard and other places and there laid themselves in and died great numbers of them being unburied when the forces of the King of France entred the Town and many corps eaten with Vermin Ravens and Birds The Fleet which thus put to sea for the Relief of Rochel was defective both in victuals which was tainted and in tackling and other materials insomuch as at the return thereof information being given to the King and Council of divers defaults and defects in the said ships victuals and provision of this and the former expedition to Rochel and in the discipline and performance of Commands and resolutions taken in that action to the great prejudice of the service it was ordered that the Earls of Denbigh Linsey and Morton and the Lord Wilmott and Master Secretary Cook should forthwith meet together and consider of the Relation made by the Earl of Linsey and inform themselves of defaults in the particulars before mentioned and make report thereof to the Board The Scots under the command of the Earl Morton and some Irish also were sent to quarter in the Isle of VVeight which Island was unacquainted with the quartering of Forreigners In Essex many robberies and outrages wâ—re committed by the Souldiers then returned from Sea Whereupon the Privy Councellors required the Justices of Peace in that County to choose a Provost Marshal for the apprehending of all such as wandred up and down the Country or behaved themselves dissorderly that they might be punished according to Law and to cause strong guards and watches to be kept in all passages And upon advertisement of some hostile preparations from forraign enemies the Privy Councel taking care for securing the coasts in Kent Sussex Hampshire Dorcetshire and Devonshire renued their directions to the Lords of those Counties for the careful watching of Beacons c. About the time the Fleet went last to the relief of Rochel the King being solicited by the Ambassadours of the King of Denmark and the united Provinces to send shipping to secure the Elbe and men for the defence of Lackstat resolved upon the sending of five Ships accordingly but first to dispatch the men for the relief of the Town the preservation whereof did mainly impart
Our People may discern that these provocations of evill men whose punishments we reserve to a due time have not changed Our good intentions to Our Subjects We do here professe to maintain the true Religion and Doctrine established in the Church of England without admitting or conniving at any back-sliding either to Popery or Schism We do also declare That vve will maintain the antient and just rights and liberties of Our Subjects with so much constancy and justice that they shall have cause to acknowledge That under Our government and gratious protection they live in a more happy and free estate then any subjects in the Christian world Yet let no man hereby take the boldnesse to abuse that liberty turning it to licentiousnesse nor misinterprett the Petition by perverting it to a lawlesse liberty wantonly or frowardly under that or any other colour to resist lawfull and necessary authority For as We will maintain Our Subjects in their just liberties so We do and will expect that they yield as much submission and duty to Our Royal prerogatives and as ready obedience to Our authority and commandments as hath been performed to the greatest of Our Predecessors And for Our Ministers We vvill not that they be terrified by those harsh proceedings that have been strained against some of them For as we will not command any thing unjust or dishonourable but shall use Our authority and prerogatives for the good of Our People so we will expect that Our Ministers obey Us and they shall assure themselves We will protect them As for Our Merchants We let them know We shall alwaies endeavour to cherish and enlarge the Trade of such as be dutifull without burthening them beyond what is fitting but the Duty of Five in the Hundred for guarding of the Seas and defence of the Realm to which we hold Our selves still obliged and which Duty hath continued without interruption so many succession of Ages We hold no good or dutifull Subject will deny it being so necessary for the good of the whole Kingdom And if any factious Merchant vvill affront Us in a thing so reasonable and vvherein we require no more nor in no other manner than so many of Our Predecessors have done and have been dutifully obeyed Let them not deceive themselves but be assured that We shall find honourable and just means to support Our Estate vindicate Our Soveraignty and preserve the Authority vvhich God hath put into Our Hands And now having laid down the truth and clearnesse of Our proceedings all wise and discreet men may easily judge of those rumours and jealous fears that are malitiously and vvickedly bruited abroad and may discern by examination of their own hearts whether in respect of the free passage of the Gospel indifferent and equall administration of Justice freedom from oppression and the great peace and quietnesse which every man enjoyeth under his own Vine and Fig-tree the happinesse of this Nation can be parallel'd by any of Our neighbour-Countries and if not then to acknowledge their own blessednesse and for the same be thankfull to God the Author of all goodnesse A Proposition for His Majestie 's Service to bridle the Impertinency of Parliaments Afterwards questioned in the Star-Chamber THe Proposition for your Majestie 's service containeth two parts the one to secure your State and to bridle the impertinency of Parliaments the other to increase your Majestie 's Revenue much more then it is Touching the first having considered divers means I find none so important to strengthen your Majesties Regall authority against all oppositions and practises of troublesome spirits and to bridle them than to fortifie your Kingdome by having a Fortresse in every chief Town and important place thereof furnished with Ordnance Munition and faithfull Men as they ought to be with all other circumstances fit for to be digested in a businesse of this nature ordering withall the trained Souldiers of the County to be united in one dependency with the said Fort as well to secure their beginning as to succour them in any occasion of suspect and also to retain and keep their Armes for more security whereby the Countries are no lesse to be brought in subjection than the Cities themselves and consequently the whole Kingdom your Majesty having by this course the power thereof in your own hands The reasons of the suggests are these 1. That in Policy it is a greater tye of the People by force and necessity then meerly by love and affection for by the one the Government resteth alwaies secure but by the other no longer then the people are contented 2. It forceth obstinate subjects to be no more presumptuous than it pleaseth your Majesty to permit them 3. That to leave a State unfurnished is to give the Bridle thereof to the Subject when by the contrary it resteth onely in the Prince's hands 4. That modern Fortresses take long time in winning with such charge and difficulty as no Subjects in these times have means probable to attempt them 5. That it is a sure remedy against Rebellions and popular Mutinies or against forraigne powers because they cannot well succeed when by this course the apparent means is taken away to force the King and Subject upon a doubtfull fortune of a set Battle as was the cause that moved the pretended invasion against the land attempted by the King of Spain in the year 1588. 6. That your Majestie 's government is the more secure by the people's more subjection and by their subjection your Parliament must be forced consequently to alter their style and to be conformable to your will and pleasure for their words and opposition import nothing where the power is in your Majesties own hands to do with them what you please being indeed the chief purpose of this discourse and the secret intent thereof fit to be concealed from any English at all either Counsellors of State or other For these and divers other weighty reasons It may be considered in this place to make your Majesty more powerfull and strong some orders be observed that are used in fortified Countries the government whereof imports as much as the States themselves I mean in times of doubt or suspect which are these Imprimis That none wear Arms or Weapons at all either in City or Country but such as your Majesty may think fit to priviledge and they to be inrolled 2. That as many high-waies as conveniently may be done be made passable through those Cities and Townes fortified to constrain the passengers to travell through them 3. That the souldiers of Fortresses be sometimes chosen of another Nation if subject to the same Prince but howsoever not to be born in the same Province or within forty or fifty miles of the Fortresse and not to have friends or correspondency near it 4. That at all the Gates of each walled Town be appointed Officers not to suffer any unknown passengers to passe without a Ticket shewing from
King 2. It stands not with the dignity of the King to arrest any man C. 4. 73. The King makes a Lease for years rendring rent with condition of re-entry for non-payment he shall take advantage of the condition without any demand and the reason there given is that a decorum and conveniency might be observed So it is not befitting for the King in person to arrest any man but the King may command another to do it Bracton lib. 2. de acquirendo rerum Dominio fol. 55. sayes That the Crown of the King is to do justice and judgment and facere pacem without which the Crown it self cannot subsist Severall constructions are to be made upon those severall words and the last words facere pacem imply that the King hath a coercive power Britton f. 1. amongst the Errata The King said in person Because we are not sufficient in person to do every thing We divide the charge into many parts We are the peoples Iustice and a Iustice implies one that hath power to do justice in every kind to wit by imprisonment or otherwise 20 H. 7.7 C. 11.85 it is said That the King is the chief Iustice. And Lambert in his Justice of Peace fol. 3. saies That in antient Histories the chief Iustice of England is called Capitalis Justicia Prima Justicia after the King in England So that the King hath the same power of Iustice as the Chief Iustice had This imprisonment here which is before conviction for any offenâ— is not used towards the Subject as imprisonment for any fault but is rather an arrest or restraint to avoid further inconveniencies 14 H. 7.8 A Iustice of Peace may arrest men riotously assembled for prevention of further mischief And the Book also saies That he may leave his servants there to arrest men for safeguard of the peace It is a case well known that if a house be set on fire every man may pull down the next house for prevention of greater mischief so it seems concerning the Incendiaries of the State they ought to be restrained and supprest lest others should be stirred up by them to the same combustion 22 ass 56. and 22 E. 4.45 in false imprisonment the Defendant justifies because the Plantiff was mad and out of his wits and that he had done some harm and that he had bound and beat him to avoid further harm which might have happened by his madnesse And the justification was held good So it is in matter of Government to avoid commotions the King ought to use his coercive power against those that are enraged The objection was that this course was against the Petition of Right But I answer That this case is out of the words of that Petition the words of the Petition were Whereas by the Statute called The great Charter and by the Statute of 28 E. 3. no free-man may be taken or imprisoned yet against the tenour of the said Statute c. divers of your subjects have of late been imprisoned without any cause shewed and when for their deliverance c. they were brought before the Iustices by Writs of Habeas corpus there to undergo and receive as the Court should order and their Keepers commanded to certifie the cause of their deteyner and no cause was certified but that they were detained by your Majesties speciall command signified by the Lords of your Council and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to Law These last words are observable Without being charged with any thing to which they might make answer These words do not refer to the Return of the Habeas Corpus for the cause returned therein cannot be traversed 9 H. 6. 54. but the Court took it as true But the setting forth of the cause and the answer to the same cause is to be upon other proceedings to wit upon the indictment for the offence or otherwise And there is great difference between the return of a Writ to which a man may answer and the return of an Habeas corpus 10 E. 4. 3 H. 7.11 are that if the Sheriff return Rescous all certainties of every circumstance ought to be shewed because it is fitting that a thing certain be brought into judgment And upon shewing of the grievance as above the Petition is that no free-man in any such manner as before is mentioned be imprisoned or detained such and it hath relation to such imprisonment which is mentioned in the premises And imprisonment mentioned in the premises of the Petition is where no cause at all was mentioned then where any cause is shewed is out of the Petition and that such is the word relative appears by C. 11 62. where many cases are put to the same purpose which see The third objection was That the Return was generall and uncertain The Counsell on the other side had divided the words of the Return but that is to offer violence thereunto for an exposition shall not be made by fractions but upon the whole matter For the first words notable contempts It hath been said that the addition of the word notable is but to make a flourish But I say That notable is not the emphasis of the Return but it onely expresseth the nature of the offence and yet notable is a word observable by it self in the Law and implyes that the thing is known and noted By 27 E. 1. Sheriffs shall be punished that let notorious offenders to bayl and by the Statute of 4 H. 4. chap. 3. a notorious or common thief shall not make his purgation and 26 E. 3.71 in a trespasse for fals imprisonment the Defendant said That the Plantiff came into the Town of Huntington and because he was seen in the company of R. de Thorby who was a notorious thief he as Bailiff of Huntington took him upon suspition I confesse that for contempts is generall yea it is genus generalissimum and within the Petition of Right but the words are against Our Self It hath been said That this might be by irreverent words or gestures and Our Government It hath been said that this might be by contempt to the Kings Writ or by Retraxit as Beechers case is To this I answer That those words which are spoken to one purpose ought not to be wrested to another and this is against the common meaning of the words C. 4. Thou art a murderer the Defendant shall not afterwards explain it to be a murderer of Hares for the highest murder is intended So here the highest Government is intended 4. It hath been objected that for stirring up of sedition against Us may perhaps be but an offence Finable But those words joyned with the former words shew this to be an offence of the highest nature sedition is a speciall contempt And although sedition in it self may be but a generall offence yet here it is Sedition against Us and Our Government which makes
it particular It hath been confessed by one that argued on the other side that there is a generall in a particular C. 4. Hollands case there is the most generall and there is generall in particular as the State Ecclesiasticall 3 ly There is more particular as Colledges Deans and Chapters This being in a case of Return upon Habeas Corpus no precise certainty is required In an Indictment a certainty of all circumstances is requisite in Pleading a certainty is required in Counâ—s a more precise certainty in Barrs a certainty to a common intent is enough There is not such precise certainty required here as in Indictment or Count because the party ought to answer unto them nor so much certainty is required in this as in a Bar. And the Return is not incertain for as it is said in Plowden 202. and 193. a thing is incertain where it may be taken indifferently one way or the other But where the intendment the one way exceeds the intendment the other way it is not uncertain as it is here The words are for notable contempts against Us and Our Government for stirring up of sedition against Us Here is certainty of intendment one way There are many Writs which are more uncertain thâ—â— this Return here is yet good The Writ concerning the taking of an Apostate is general Quod spreto habitu Ordinis and yet there are more sorts of Apostasies In the Writ concerning the amoving of a Leper the words are generall and yet it appears by F. N. B. that there are two kinds of Lepers one outward and the other inward and for the latter the Writ concerning amoving a Leper So the Writs concerning the burning of an Heretick and concerning the examining of an Idiot are general and yet there are sundry kinds of Hereticks and Idiots also But it hath been objected that Sedition is not a Law-tearm nor known in the Law of which the Iudges can take no notice but the words to expresse offences of this nature are Murder Treason Felony c. and that no Indictment of Sedition generally was ever seen To this I answer Perhaps it is true that no Indictment was ever seen made because the form of an Indictment is precise words of art are required therein as appears in Dyer 69.261 C. 4. Vaux's case yet in 5 E. 6. Dyer 69. it is said that Furatus implies Felonicè cepit although the contrary hath been objected In a Return words by Periphrasis are sufficient The Warrant of a Iustice of Peace to apprehend I. S. because of prepensed malice interfecit I. D. is good enough although there wants the word murdravit In 5 R. 2. F. tryal 54. Belknap saies That a miscreant shall forfeit his land Out of which it may be gathered that a man may be Indicted for miscreancy And it seems likewise that an Indictment of sedition may be good for in some cases it is Treason I agree Peaks case which hath been obiected that for these words seditious fellow no action lies and so is C. 4.19 b. because those words do not import an act to be done but onely an inclination to do it but if a man say such words of another which import that he hath made sedition they are actionable as it was resolved in Phillips Badby's case 24 Eliz. C. 4.19 a. Thou hast made a seditious Sermon and moved the people to sedition this day adjudged actionable So in the Lord Cromwells C. 4.12 13. the action would have lain for those words You like of those that maintain sedition against the Queens proceedings if there had not been another matter in the case I agree the case of 21 E. 3. Sir John Garboyls case 42. E. 3. for in those cases sedition was only taken adjectively and shewes an inclination onely to do a seditious act in such sense sedition may be applyed to other offences then treason In 31 E. 1. f. gard 157. Gardein in Socage made feofment of land which he had in Ward This is forfeiture saies the Book for the treason which he did to the Ward so there one thing is called treason which is onely a breach of trust In an appeal of Mayhem it is felonicè and yet 6 H. 7.1 it is not Felony But felony is there onely put to expresse the hainousnesse of the offence it is as it were a felony The Statutes of 2 H. 4.1 Mar. 13 Eliz. 35 Eliz. 17 R. 2.3 4 E. 6.14 Eliz. which have been objected have the word Sedition but not applyable to this case Bracton in his Book de Corona saies Si quis c. If any by rash attempt plotting the Kings death should act or cause any to act to the sedition of the Lord the King or of his Army it is treason And Glanvil in as many words saies That to do any thing in sedition of the Kingdom or of the Army is high-treason And Britton fol. 16 It is high treason to â—â—herit the King of the Realm and sedition tendeth to the disheritance of the King for as it hath been said Seditio est quasi seorsum-itio when the people are severed from the King or it is Seperans à ditione when the people are severed from the power of the King And in this sense Sedition is no stranger in our Law and such sedition which severs the people from the King is Treason But it hath been objected that by the Statute of 25 E. 3. the Parliament ought onely to determine what is treason what not To this I answer That upon the said Statute the positive Law had alwaies made explication and exposition Br. treason 24. the words are Compasse or imagine the death of the King and there it is taken that he that malitiously deviseth how the King may come to death by words or otherwise and does an act to explain it as in assaying harnesse this is treason 13 Eliz. Dy. 298. Story 's case he being beyond-sea practised with a forraign Prince to invade the Realm and held treason because invasion is to the perill of the Prince and so within the Statute of 25 E. 3.4 Mar. Dy. 144. The taking of the Castle of Scarborough was treason in Stafford by 30. ass p. 19. which was presently after the making of the Statute of 25 E. 3. A man ought to have been hanged and drawn that brought Letters of Excommengement from the Pope and published them in England And it is to be noted that at the same time there was no Statute to make it treason but upon construction of the said Statute of 25 E. 3 though now it be made treason by the Statute of 13 Eliz. if it be with intention to advance forraigne power Perhaps the sedition mentioned in this Return is high treason and yet the King may make it an offence Finable for he may prosecute the offendor in what course he pleaseth and if it be treason then the prisoners are not baylable by the Statute of Westm. But suppose
that it is but a Finable offence yet by the said Statute those which are imprisoned for open and notorious naughtinesse shall not be bayled the same naughtinesse is there intended high and exorbitant offence 2. It is fit to restrain the prisoners of their liberty that the Common-wealth be not damnifâ—ed It is lawfull to pull down a house to prevent the spreading mischief of fire it is lawfull to restrain a furious man And by the 14 H. 7. a Iustice of peace may restrain one rout Then the restraint of dangerous men to the Common-wealth is justifiable and necessary 24 E. 3.33 p. 25. Sir Thomas Figet went armed in the Palace which was shewed to the Kings Councell wherefore he was taken and disarmed before the chief Iustice shard and committed to the prison and he could not be bayled till the King sent his pleasure and yet it was shewed that the Lord of T. threatned him Out of which case I observe two things First that the Iudge of this Court did cause a man to be apprehended upon complaint made to the Council that is to the Lords of the Privy Council 2. That although he did nothing he is not mayn-pernable untill the King sent his pleasure because he was armed and furiously disposed So here UUherefore I pray that the Prisoners may be sent back again Davenport argued to the same intent and purpose and therefore I will report his Argument briefly 1. He said That the Return here is sufficient The Counsell on the other side have made fractions of this Return and divided it into severall parts whereas the genuine construction ought to have been made upon the entire Return for no violence ought to be offered to the Text. 7 E. 4.20 In false imprisonment the Defendant did iustifie and alledged severall reasons of his justification to wit because a man was killed and that this was in the County of S. and that the common voice and fame was that the Plaintiff was culpable And this was held a good plea although Bryan did there object That the plea was double or treble and the reason was because twenty causes of suspition make but one entire cause and indivisible unity in this ought not to be divided So C. 8.66 Crogates In an action of trespasse the Defendant justifies for severall causes and held good because upon the matter all of them make but one cause C. 8.117 It is said That it is an unjust thing unlesse the whole Law be looked into to judge and answer by propounding any one particular thereof and if it be unjust in the exposition of a Law it is uncivill in a Return to make fractions of it in the construction thereof especially it being a Return for Information and not for Accusation 2. Although the Counsell on the other side have taken this case to be within the Petition of Right yet this is Petitio principii to take that for granted which is the question in debate He said That he would not offer violence to the Petition of Right to which the King had assented and which shall really be performed But the question here is Whether this Return be within it and the Iudges are keepers not masters of this pledge and it seems that this Return is out of the letter and meaning of the said Statute 3. He said That this was the actuall commitment of the Lords of the Privy Councill and the habituall or virtuall commitment of the King But because upon these two matters he put no case nor gave any reason but what had been put or given in the Argument of the grand Habeas corpus Mich. 3 Caroli and afterwards in the House of Commons which was reported to the Lords in the painted Chamber all which Arguments I heard I have here omitted them And for the great respect which the Law gives to the commands of the King he put these cases 7 H. 3. Attachment of waste against the Tenant in Dower and the waste was assigned in the taking of fish out of a pond and the carrying them away The Defendant pleaded That her second husband by the command of the Lord the King took all the fish out of the said pond to the use of the Lord the King and held a good justification which proves that the command of the King there to her husband excused her of the said waste And yet it is clear that Tenant in Dower is liable to an action of waste for waste done in the time of her second husband But contrary is it where a woman is Tenant for life and took a husband who made waste and dyed no action lies against the wife for that waste And F. N. B. 17. A. If the Tenant in precipe at the grand cape makes default the King may send a UUrit to the Iustices rehearsing that he was in his service c. commanding them that that default be not prejudiciall to him and this command of the King excuseth his default be the cause true or no. 4. For the particulars of the Return it is for notable contempts against the Government But as to that it hath been said that the King hath sundry governments to wit Ecclesiasticall Politicall c. and it is not shewn against which of them This is but a cavilling exception they might as well have excepted to this Return because it is not shewen that these contempts were after the last generall Pardon that had been a better exception The last words of the Return are raising sedition against Us But as to this it hath been said That Seditio is not a word known in the Law and is alwaies taken either Adverbially or Adjectively and is not a Substantive To this he said That although it is not a Substantive for the preservation yet it is a Substantive for the destruction of a Kingdom And he said that he found the word Seditio in the Law and the consequent of it likewise which is seductio populi But it is not ever found to be taken in a good sense it is alwaies ranked and coupled with treason rebellion insurrection or such like as it appears by all those Statutes which have been remembred on the other side Therefore he prayed likewise that the Prisoners might be sent back Trin. 5 Car. B. R. THe first day of the Term upon Habeas Corpus to Sir Allen Apsley the Lieutenant of the Tower to bring here the body of John Selden Esq with the cause of detention He returned the same cause as above and Littleton of Counsell with him moved that the Return was insufficient in substance therefore he prayed that he might be bayled It is true that it is of great consequence both to the Crown of the King and to the liberty of the Subject But under favour for the difficulty of Law contained in it the case cannot be said Grand In my Argument I will offer nothing to the Court but that which I have seen with these eyes and that which
baylable And 33 Eliz. it was resolved by all the Iustices of England which I have viewed in chief Iustice Andersons Book under his own hand and it was produced in Parliament That all men committed by the Privy Councill are baylable if the commitment be not for high treason In all cases of commitment an accuser is understood Suppose that the accusation mentioned in Russel's case of sedition had been an accusation of treason then the Iudges ought not to have bayled him of right and no man will say but that the said accusation was a good cause to commit him But the discovery of the offence ought to be afterward in an Indictment Fourthly I come to the objections which have been made on the contrary 1 st It was objected That this was a case of great consequence I confesse it but this consequence is not to the King for if it be truly treason then they might have returned Treason and then the party was not to be bayled of right till there should be a failer of prosecution as was lately in Melvins case who was bailed for lack of prosecution the Return being for high treason 2 ly It was objected that there can be no conviction as this case is therefore there ought to be coercive power to restrain the prisoner This is strange newes to me that there shall be any offence for which a man cannot be convict And if there can be no conviction it hence followes that there is no offence and if there be no offence there ought by consequence to be no imprisonment 3 ly The case of 14 H. 7.8 hath been objected that a Iustice of Peace may commit Rioters without bayl I confesse it for this is by force of a Statute which ordains it 4 ly It hath been objected That if a house be on fire it is lawfull to pull down the neighbours house for the prevention of further mischief and the cases of 22 ass and 22 E. 4. that every man may justifie the coercion of a mad-man I answer That these cases are true for of necessity and no other evasion but here bayl is proffered which is body for body Fire is swift and cannot be punished and no caution can be obtained thereof But observe the true inference and consequence of this Argument If my house be on fire my neighbours house must be pulled down Mr Selden is seditious ergo Mr. Herbert his neighbour must be imprisoned 5 ly It hath been objected out of Br. Treason 24. 1 Mar. That the said Statute of 25 E. 3. is taken largely and that the detaining of a Castle or Fortresse is treason To this I answer That the bare detaining of a Castle is not treason unlesse it be with intention of the death of the King but the taking of a Castle is treason And the case there meant by Brook is Constables case Dy. 128. And I confesse 13 Eliz. Dy. 298. Doctor Story 's case that conspiracy to invade the Kingdom is treason for this cannot be without great danger of the death of the King for arma tenenti Omnia dat qui justa negat and all those Indictments were that they intended the death of the King but no such intention is expressed here 6 ly It hath been objected That this case is out of the Petition of Right because in this Return there is a cause shewed But the grievance whereupon the Petition of Right was framed was where no cause was returned It is true that the grievance goes no further but where no cause was returned for that was the grievance at that time But the words of the Petition of Right are further without being charged with any thing to which they might make answer by the Law which implies that such cause ought to be contained in the Return which being put into an Indictment the party may have his answer thereto 7 ly It was objected that the Return shall not be construed and expounded by fractions I answer That we need not make such an exposition for the joynt-construction thereof makes more for us then the severall as is shewed before 8 ly That a generall Return is sufficient and it need not have tearms of Art in it as an Indictment ought to have For answer I confesse it but I affirm as above that a Return ought to be so particular that the nature of the offence ought to appear out of it And it is not to be compared to generall Writs as Apostatâ capiendo Idiota examinando Leproso amovendo and the like for those Writs are good enough because they contain the very matter And although it hath been said that there are two kinds of Lepers yet I never heard but of one And the Writ de Haeretico comburendo is generall and good because it is but a Writ of Execution upon a Iudgment given by the Spirituall power But because they might not meddle with the blood of any man the execution is by the Secular power 9 ly It hath been objected out of 30 ass p. 19. that the King would have one drawn and hanged for bringing in into England the Buls of the Pope But the Book answers it self for he was not drawn and hanged 10 ly The Statute of Westm. 1. cap. 15. was objected But as oft as that Statute is objected I will alwaies cry out The Petition of Right the Petition of Right as the King of France cryed out nothing but France France when all the severall Dominions of the King of Spain were objected to him 11 ly A curious distinction hath been taken by Serjeant Davenport between stirring To sedition and stirring Up sedition for the first implies an inclination onely to do it the second implies an act done But this is too nice for if a man stir up sedition or to sedition if it be with intention of the death of the King the one and the other is treason 12 ly The opinion of Fortescue in 31 H. 6.10 b. hath been objected That for an offence done to the Court a man may be committed before conviction To this I answer 1 st That the Book does not say That he shall be committed without bayl 2 ly The offence being done in face of the Court the very view of the Court is a conviction in Law 13 ly There was objected the 24 of E. 3.23 Sir Fitchet's case who for going armed in the Palace was committed by this Court without bayl or mainprize which seems to be the strongest and hardest case that hath been objected But the answer to it is clear and undeniable for the Statute of 2 E. 3. c. 3. is That if any one come armed before the Iustices he shall forfeit his Armour and shall be imprisoned during the Kings pleasure so that by the expresse purview of the Statute such a man is not baylable So my conclusion remains firm notwithstanding any of those objections That the prisoner here being committed before conviction of any offence it being not possible to understand this
in tertio Caroli that generall Returns that were committed by the command of the Lord the King are not good and that those Arguments remain as Monuments on record in the Upper House of Parliament but I will not admit them for Law But I will remember what was the opinion of former times 22 H. 6.52 by Newton a man committed by the command of the King is not replevisable And the opinion cannot be intended of a Replevin made by the Sheriff because the principall case there is upon a Return in this Court 33 H. 6.28 Poyning's case where the Return was That he was committed by the Lords of the Councill and it was admitted good It is true that this opinion is grounded upon Westm. 1. cap. 15. but I will not insist upon it But the constant opinion hath alwaies been that a man committed by the command of the King is not baylable In 9 H. 6.44 it is said That if one be taken upon the Kings suit the Court will not grant a Supersedeas The contrary opinion is grounded upon Magna Charta which is a generall Law and literally hath no sense to that purpose and it is contrary to the usuall practise in criminall causes in which the imprisonment is alwaies lawfull untill the tryall although it be made by a Iustice of Peace or Constable And that a man committed by the command of the King or Privy Councill is not baylable he cited 1 Jacobi Sir Brocket's case 8 Jac. Sir Cesar's case 12. Demetrius's case 43 Rinch's case And in the case M. 36 Eliz. and 4 and 5 Thimelby's case And said that there are innumerable presidents to this purpose M. 21 and 22 Eliz. upon the return of an Habeas corpus it appears that Michael Page was committed by the command of the Lord the King but was not delivered and after was arraigned in this Court and lost his hand And at the same time Stubbs was committed by the command of the Lord the King for seditious words and rumors and he lost his hand also upon the same tryall M. 17 and 18. Eliz. Upon Habeas corpus for John Loan it was returned That he was committed for divulging sundry seditious writings and he was remanded And 7 H. 7 roll 6. Rugs case and roll 13. Chase's case where the Return was that they were committed by the command of the Lord the King and they were not delivered and this was also the opinion in this Court M. 3. Car. And after the said time the Law is not altered and so I hope neither are your opinions But to consider the particular cause mentioned in the Return I will not rely upon the first part of the words although they be of great weight but onely upon the last words for stirring up of sedition against Us But it hath been objected that Sedition is not a word known in the Law But I marvell that the signification of the word is not understood when it is joyned with the words agains Us this ought to be understood Sedition against the King in his politick capacity Sedition hath sundry acceptations according to the subject handled as it appears C. 4. Lord Cromwel's case which hath been cited If it be spoken of a man that he is seditious if it be of a company in London it shall be understood sedition in the Company if it be spoken of a Souldier it shall be taken for mutinous Mr. Littleton who argued this case very well said That Tacitus useth this word and it is true and he saies That there are two manners of Seditions Seditio armata togata and the last is more dangerous then the former But couple it with the subsequent words here against Us the interpretation and sense thereof is easie loquendum ut vulgus Mr. Littleton shewes the acceptation of this word in divers places of Scripture and I will not reject them for they make for me 20 Numb 3. the Latine is populi versi sunt in seditionem and it is Englished murmuring but clearly it was high treason against their Governour and God himselfe 26 Numb 9. in seditione Corah it is manifest that that was a great Insurrection 12 Judg. 1. Facta est ergo seditio in Ephraim The Ephramites rose against Jephta and he at the same time was their Iudge and Governour so it was the heighth of Insurrection It is true that in 15 Act. 2. Facta est seditio and in some Translations it is Orta est repughantia non parva for it may be taken in severall senses 19 Acts 40. the Town-Clerk there knew not how to answer for this daies sedition or insurrection and no doubt he was in great perill for it was a great insurrection and I wish the greater ones were as circumspect as he was 24 Act. 5. Tertullus accused Paul of sedition and doubtlesse it was conceived a great offence if you consider the time and other circumstances for they were Heathens and Romans And although he in very truth taught the Gospell of God yet he was taken for a pestilent fellow and as a perswader to shake off Government Bracton lib. 3. de Corona c. 2. rancks Sedition amongst the crimes laesae Majestatis But it hath been objected that if it be a capitall offence it ought to be felony or treason To this I say That it cannot be felony but it may be treason for any thing that appears It is true that by the statute of 25 E. 3. treasons are declared and nothing shall be said treason which is not comprised within the said Statute unlesse it be declared so by Act of Parliament But upon indictment of treason such sedition as this may be given in evidence and perhaps will prove treason And the Return is not That he was seditious which shewes onely an inclination but that he stirred up sedition which may be treason if the evidence will bear it In divers Acts of Parliament notice is taken of this word Seditio and it is alwaies coupled with Insurrection or Rebellion as appears by the Statutes of 5 R. 2. c. 6. 17 R. 2. c. 8. 2 H. 5. c. 9. 8 H. 6. c. 14. 3 4. E. 6. c. 5. 2 R. 2. c. 5. 1 and 2 Phil. Mar. c. 2. 1 Eliz. c. 7. 13 Eliz. c. 2. 23 Eliz. c. 2. 27 Eliz. c. 2. and 35 Eliz. c. 1. all which were cited before and they prove that Sedition is a word well known in the Law and of dangerous consequence and which cannot be expounded in good sense Wherefore the nature of the offence I leave it to the Court But out of these Statutes it appears that there is a narrow difference between it and treason if there be any at all 3 ly As to the Objections which have been made I will give a short answer to them 1. It was objected That every imprisonment is either for custody or punishment the last is alwaies after the judgment given for the offence and if it be but for custody the
the liberties and priviledges of Parliament shall onely be discussed there and not in other Courts nor by the Common nor Civill-Law see this case more at large in Selden's Notes upon Fortescue f. 42. 11 R. 2. Roll of the Processe and Iudgment An appeal of treason was exhibited against the Arch-bishop of Canterbury and others and there the advice of the Sages of the one Law and the other being required but because the appeal concerned persons which are Peers of the Realm which are not tryed else-where then in Parliament and not in an inferiour Court 28 H. 6. numb 18. There being a question in Parliament concerning Precedency between the Earl of Arundell and the Earl of Devon the opinion of the Iudges being demanded they answered That this question ought to be determined by the Parliament and by no other 31 H. 6. numb 25 26. During the prorogation of the Parliament Thorp that was the Speaker was out in Execution at the Suit of the Duke of York and upon the re-assembly of the Parliament the Commons made Suit to the King and Lords to have their Speaker delivered Upon this the Lords demand the opinion of the Iudges who answer That they ought not to determine the priviledges of the High Court of Parliament 4 ly This accusation in Parliament is in legall course of justice and therefore the accuser shall never be impeached 13 H. 7. and 11 Eliz. Dy. 285. Forging of false deeds brought against a Peer of the Realm Action de scandalis Magnatum doth not lie C. 4.14 Cutler and Dixy's case where divers cases are likewise put to this purpose 35 H. 6.15 If upon the view of the body the slayer cannot be found the Coronâ—r ought to enquire Who first found the dead body and if the first finder accuse another of the murder that is afterward acquit he shall not have an action upon the case for it was done in legall manner So it is the duty of the Commons to enquire of the grievances of the Subjects and the causes thereof and doing it in a legall manner 1â— H. 6.19 8 H. 4.6 in conspiracy it is a good plea that he was one of the Indictors And 20 H. 6.5 that he was a grand-Iury-man and informed his companions And 21 E. 4.6 7. and 35 H. 6.14 that he was a Iustice of Peace and informed the Iury 27 ass p. 12. is to the same purpose And if a Iustice of Peace the first finder a Iuror or Indictor shall not be punished in such cases à fortiori a Member of the House of Commons shall not who as 1 H. 7.4 is a Iudge 27 ass p. 44. may be objected where two were indicted of conspiracy because they maintained one another but the reason of the said case was because Maintenance is matter forbidden by the Law but Parliamentary accusation which is our matter is not forbidden by any Law C. 9.56 there was conspiracy in procuring others to be indicted And it is true for there it was not his duty to prefer such accusation 2 The accusation was extra-judicial and out of Court but it was not so in our case 3 Words spoken in Parliament which is a superiour Court cannot he questioned in this Court which is inferior 3 E. 3.19 and Stamford 153. will be objected where the Bishop of Winchester was arraigned in this Court because he departed the Parliament without license there is but the opinion of Scroop and the case was entred P. 3. E. 3.19 And it is to be observed that the plea of the Bishop there was never over-ruled From this I gather that Scroop was not constant to his opinion which was suddain being in the same Term in which the plea was entred or if he were yet the other Iudges agreed not with him and also at last the Bishop was discharged by the Kings Writ From this I gather that the opinion of the Court was against the King as in Pl. 20. in Fogassas's case where the opinion of the Court was against the King the party was discharged by privy Seal 1 and 2 Phil. and Mar. hath been objected where an Information in this Court was preferred against Mr. Ployden and other Members of the House of Commons for departing from the House without license But in that case I observe these matters 1. That this information depended during all the life of the Queen and at last was sine die by the death of the Queen 2. In the said case no plea was made to the Iurisdiction of the Court as here it is 3. Some of them submitted themselves to the Fine because it was easie for it was but 53. 4 d. But this cannot be urged as a president because it never came injudgment and no opinion of the Court was delivered therein And it is no argument that because at that time they would not plead to the jurisdiction therefore we now cannot if we would 4 These offences were not done in the Parliament House but else-where by their absence of which the Country may take notice but not of our matters being done in Parliament And absence from Parliament is an offence against the Kings Summons to Parliament 20 R. 2. Parliament-Roll 12. Thomas Hacksey was indicted of high-treason in this Court for preferring a Petition in Parliament but 1 H. 4. num 90. he preferred a Petition to have this Iudgment voided and so it was although that the King had pardoned him before And 1 H. 4. numb 104. all the Commons made Petition to the same purpose because this tends to the destruction of their priviledges And this was likewise granted 4 H. 8. c. 8. Strood's case That all condemnations imposed upon one for preferring of any Bill speaking or reasoning in Parliament are void And this hath alwaies been conceived to be a generall Act because the prayers time words and persons are generall and the answer to it is generall for a generall act is alwaies answered with Le Roy voit and a particular Act with Soit droit fait al partyes And 33 H. 6.17.18 A generall Act is alwaies inrolled and so this is 2 ly For the second matter the contempt to the command of the Adjournment 18 Jac. it was questioned in Parliament Whether the King can adjourn the Parliament although it be without doubt that the King can prorogue it And the Iudges resolve that the King may adjourn the House by Commission and 27 Eliz. it was resolved accordingly But it is to be observed that none was then impeached for moving that question 2 It is to be observed that they resolve that the adjournment may be by Commission but not resolved that it may be by a verball command signified by another and it derogates not from the Kings prerogative that he cannot so do no more then in the case of 26 H. 8.8 that he cannot grant one acre of land by parol The King himself may adjourn the House in person or under the great Seal but not by verball message
Edward Cook A Message from the King to the House of Commons to end the Sessions Mr. Pyms Speech at the delivery of the charge against Dr. Manwaring â—udgement given against Dr. Manwawaring Dr. Manwaings submissions Another Message from the King Sir Robert Phillips Sir John Elliot Sir Dudly Diggs Sir Nathan Rich. The Commons declare that no undutiful Speech hath been spoken Mr. Wandesford Sir Edw. Cook declares the Duke the cause of all our miseries Mr. Seldens advice for a Declaration against the Duke Several heads agreed on for a Remonstrance A Message from the King by the Speakâ—r Another Message from the King to the Commons A Message from his Majesty tâ— the house of Lords The Kings Message gâ—ves the Commons more hope then formerly Burlemack called into the House The Petition of both Houses to his Majesty for a further Answer to the Petition of right His Majesties second Answer to the Petition of right All Grand Committees to cease Sir Edward Cooks Observations upon the said Commission Sir Edward Cook mannageth the Conference between both Houses concerning the Commission Fâ—resh Debate in the House against the Duke Sir Iohn Elliot Sir Henry Martin Sir Benjamin Rudyard Sir Thomas Jermin Dr. Lamb killed A Letter to the City about Dr. Lambs Death Dr. Neal Dr. Laud suspected for Atminians Mr. Selden The Commons Remonstrance against the Duke The Speaker appointed to deliver the Remonstrance Order in Star-Chamber concerning the Duke The Duke desires to clear himself concerning some words The Comission for Excise cancelled Mr. Selden concerning Tunnage and Poundage The Commons Remonstrance of Tunnage and Poundage Mr. Noy The K. ends this Session in person and declares the reason Dr. Manwarings Sermon suppâ—essed by Proclamation A Proclamation and commissiâ—n concerning composition with Recusants A Proclamation against the Bâ—shop of Calcedon Romish Priests to be sent to Wisbitch Jesuites taken at Clerkenwell or acted to be proceeded against Order to search what Recusants are about London Sir Richard Weston and Bishop Laud advanced Mr. Montague advanced and his Apello Caesarem called in Preaching and Writing pro con about unnecessary questions prohibited A pardon granted to Dr. Manwaring Dr. Montague Rochel close besieged and relief designed The Duke slain Dr. Montague consecrated Bishop Rochel again attempted to be relieved but in vain The sad condition of Rochel at the surrender Defects in the relief of Rochel questioned Outrages committed by souldiers Advertisement of forreign designes The King of Denmark assisted with forces The German House disposed of Dr. Laud in â—avour with the King Conge d'esâ—ier for certain Bishops The meeting of the Parliament adjourned to Jan. 20. Great resort to Felton in prison Felton examined before the Council Threatned to be Racked The Judges opinions taken therein Merchants committed about Customs Merchants summonned to the Councel Table Mr. Chambers brought up with a Habeas Corpus and bailed Lords of the Councel dissatisfied with his bailing Felton brought to trial Confesseth the Fact Tenders his hand to be cut off Hung in chains Mr. Vassals goods seised on for denying Customes Information pâ—eserved against him Mr. Vassals plea to the Information Mr. Chambers goods seised on for not paying customes A Replevin sued ouâ— And superseaded Mr. Rolls a Merchant Private consultations about the ensuing Parliament The Parliament meets they enquire whether the Petition of Right be enrolled What were the violations of the Subjects Liberties since the last Parliament Sir Robert Philips Speech concerning that matter The matter was referred to a Committee The Kings Speech to both Houses in the Banqueting House The K. sends a Message to the House of Commons speedily to take Tunnagâ— Poundage in to consideration But the Commons resolvâ— to proceed in matters of Religion Mr. Rous Speech â—oncerning Religion A Report from the Commâ—tee for Religion The Remonstrance concerning Religion sent back by the King Precedency again given to Religion before Tunnage and Poundage Mr. Pyms speech concerning Religion Message by Secretary Cook about Tunnage and Poundage Sir Tho. Edmâ—nds Mr. Corriton An Answer resolved to be given to the Kings messages Sir Iohn Eliot concerning Religion The Commons enter into a Vow Both Houses Petition the King for a fast His Majesties Answer The Commons Declaration to the King to give precedency to Religion His Majesties Answer to the Commons Declaration Debate about the Kings Dâ—claration concerning disputes about Religion Mr. Rolls sitting in Parliament was called forth and served with a Subpaenâ Debate concerning the same The mistake of the Subpaenâ cleared A report from the Committee for Tunnage and Poundage Committee meeâ— agâ—n upon Tunnage and Poundage Mr. Noy concerning Tunnage and Poundage Barons of the Exchequer sent unto about staying the delivery of Merchants goods The Barons Answer Not satisfactory A report concerning pardons to Dr. Manwaring Mr. Montague c. Mr. Cromwel against the Bishop of Winchester A complaint of the noâ— licensing of Books against Popery Mr. Selden concerning Printing Debates about increase of Popery Secretary Cook concerning the Priests arraigned at Newgate Mr. Long a Justice of peace examined Sir Robert Heath his answer concerning the prosecution of the Priests A Fast. Mr. Dawes answer to the Commons Mr Carmarthens answer Mr. Selden The House in a Committee about the Customers answer Mr. Noy Message by Secretary Cook from the King about the Customers Order by the King and Council concelning the Costomers The Kings Commission to the Customers c. Resolve concerning Mr. Rolls Debates Sir Iohn Ellyots Speech against particular persons * Lord Weston afterwards died a Papist The Speaker refuses to put the Question Mr. Seldens Speech thereupon The Speaker again refuseth to put the Question Protestation in Parliament propounded whilst the Speaker was held in his chair The King sends the Usher of the Lords House Warrants to apprehend several Members of Parliament The Kings Speech at the Dissolution of the Parliament Libels cast abroad Members examined before the Lords of the Council 5 Caroli Anno 1629. Questions propounded to the Judges concerning the imprisoned Members Answer Mr. Stroud and Mr. Long brought upon a Habeas Corpus An Information in Star-Chamber against the Members Ro. Heath Hu Davenport Ro. Bartley Heneage Finch William Hudson An Information in Star Chamber against Sir Io. Elliot c. Proceedings in Star-Chamber against Mr. Chambers His Answer His Sentence A submission tendred His refusal Places of Scripture mentioned by him Isa. 29.21 Ecclus. 11.7 8 John 7.51 Act. 26.2 Exod. 23.6 Deut. 16.19 Mich. 2.1 2. Ezek. 45.9 and 46.8 Eccles. 5.8 London His Plea in the Exchequer H. 3.9 E. 1.3 H. 3.9 E. 3.5 t H. 7.3 H. 8.21 1629. 16 Iune London Order in the Exchequer Mr. Chambers brought by a Habeas Corpus His Petition to the Parliament His death Mr. Selden brought upon a Habeas Corpus A letter from the King to the Judges Another Letter L' Assembli des Notables A Letter to the Judges The King confers with some of them Motion to bail the prisoners An Information exhibited in the Kings Bench against vir Iohn Elliot c. The Plea of Sir Iohn Elliot Mr Long 's Case in the Star-Chamber Arguments concerning Sir Iohn Elliot Lord Chief Justice Hide Justice Whitlock Judgment Judgment pronounced The Kings Declaration of the causes which moved him to dissolve the last Parliament * Here are the passages concerning the Members deportment in the House mentioned in this Declaration which we â—orbear to repeat in regard the same are at large expressed in the Information in the Star-chamber before mentioned A Proposition presented to the King how to keep in awe this nation First to have a Fortresse in every considerable Town Secondly To cause high-waies to be made through such Townes Thirdly To choose the Souldiers of such Fortresses no Inhabitants of the place 4. To let none passe through such places without a Ticket 5. To have the names of all lodgers taken by Inkeepers The expence of these Forts To impose an oath on the Subjects Meanes â—o increase the King's revenewes 1 To demand a Decima of mens estates 2 To buy out all Leases upon the Crown-Lands 3 To take the Salt into his Majesties own hands 4 To demand a rate for Sealing the weights every yeare 5 To demand an Impost for Wools. 6 To put a Tax upon every Lawyers Fee 7 To put a Tax upon Inns and Victualling-houses for a License 8 To put a Tax upon all Carâ—le Flesh and Horses sold in the Market 9 To put a Tax upon all Lands alienated 10 To demand a rate upon all Offices in his Majestie 's grant 11 To reduce his Majesties Houshold to Board wages 12 To demand a rate for license to eat Lacticinia 13 To take an imposition upon the Catholicks lands At the Prince his marriage to make Earls in Principi to pay for it And Barons to be made Earls To make 200 rich men Titulate and they to pay for the Titles To make Gentlemen of low quality and rich Farmers Esquires Mr. Stroud Esq brought to the Kings-Bench-Bar upon a Habeas Corpus Also Walter Long Esq. Mr. Mason of Lincolns-Inn his Argument for Mr. Long. Serjeant Barckley his Argument against Stroud and Long. Serjeant Davenport's Argument against Stroud and Long Mr. Littleton's Argument for Mr. Selden See Fortoscue f. 115. the which was not cited there never Sedition Strife or Murmur is heard Sir Rob. Heath the Kings Atturney Generall his Argument against Mr. Selden An Information exhibited in the King's Bench against Sir Iohn Eliot and others Mr. Mason's Argument for Sir John Eliot Mr. Calibrop's Argument for Mr. Valentine Camden's Brit. 449. 1. Object 2. Object 3. Object 4. Object 5. Object 6. Object 7. Object 8. Object Sir Rob. Heaths Argument against Sir John Elliot 1 Car 16 Jac. 1618. 1 Car. 1625.