Universal World Solomon was a Writer in Prose and Verse 1 Kings 4.32 So in a very pure and exquisite manner was our sweet Soveraign King Iames. Solomon was the greatest Patron we ever read of to Church and Churchmen and yet no greater let the House of Aaron now confess then King Iames. Solomon was honored with Ambassadors from all the Kings of the Earth 1 Kings 4. ult And so you know was King Iames. Solomon was a main improver of his home Commodities as you may see in his trading with Hiram 1 Kings 5.9 And God knows it was the daily study of King Iames. Solomon was a great maintainer of Shipping and Navigation 1 King 10.14 A most proper Attribute to King Iames. Solomon beautified very much his Capital City with Buildings and Water-works 1 Kings 9.15 So did King Iames. Every man lived in peace under his Vine and his Fig-Tree in the days of Solomon 1 Kings 4.25 And so they did in the blessed days of King Iames. And yet towards his end King Solomon had secret enemies Razan Hadad and Ieroboam and prepared for a War upon his going to his Grave as you may see in the Verse before my Text. So had and so did King Iames. Lastly Before any Hostile Act we read of in the History King Solomon died in peace when he had lived about Sixty years as Lyra and Tostatus are of opinion and so you know did King Iames. And as for his words and eloquence you know it well enough it was rare and excellent in the highest degree Solomon speaking of his own faculty in this kinde divides it into two several heads a ready Invention and an easie Discharge and Expression of the same God hath granted me to speak as I would and to conceive as is meet for the things spoken of Wisd. 7.15 And this was eminent in our late Soveraign His Invention was as quick as his first Thoughts and his Words as ready as his Invention God had given him to conceive the Greek word in that place is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is to make an Enthymem or a short Syllogism and that was his manner He would first winde up the whole substance of his discourse into one solid and massie Conception and then spred it and dilate it to what compass he pleased Prosluenti quae Principem deceret eloquentia as Tacitus said of Augustus in a flowing and a Princely kinde of Elocution Those Speeches of his in the Parliament Star-Chamber Council Table and other Publick Audiences of the State of which as of Tullies Orations Ea semper optima quae maxima the longest still was held the best do prove him to be the most powerful Speaker that ever swayed the Scepter of this Kingdom In his Stile you may observe the Ecclesiastes in his Figures the Canticles in his Sentences the Proverbs and in his whole Discourse Reliquum verborum Solomonis all the rest that was admirable in the Eloquence of Solomon How powerfully did he charge the Prince with the care of Religion and Justice the two Pillars as he termed them of his future Throne How did he recommend unto his love the Nobility the Clergy and the Communalty in the general How did he thrust as it were into his inward bosom his Bishops his Judges his near Servants and that Disciple of his whom he so loved in particular and concluded with that Heavenly Advice to his Son concerning that great act of his future Marriage To marry like himself and marry where he would But if he did marry the Daughter of that King he should marry her Person but he should not marry her Religion Having in our Collections met with the Transcript of a Letter from King Iames to Pope Clement dated Anno 1599. We have thought fit though it be not placed in order of time to conclude his Reign with it and with the Instructions given to Mr. Drummond who was sent with the same to Rome Iacobus Rex Clementi Papae BEatissime Pater cum variis ad nos perlatum fuisset rumoribus quà m diligenter nostrae sortis aemuli saepius egissent ut authoritatis vestrae acies in nos distringeretur quaque constantia id pro vestra prudentia hactenus fuerit recusatum Committere noluimus quin accepti memores beneficii gratias ageremus opportunam nacti occasionem cum lator praesentium natione nostras vester ascriptitius in fines ditionis vestrae reverteretur quem pro sua indole vestris ornatum beneficiis vestrae Sanctitati Commendamus ut eum in iis quae nostro nomine habet impartienda audire placide non dedignetur Et quia adversus malevolorum calumnias qui nostras in Catholicos injurias commemorando nobis invidiam ipsis gratiam conciliant nullum tutius remedium agnoâ—cimus quà m ut è nostratibus aliqui veritatis studiosi quanâ—umvis à Religione quam nos à prima hausimus Infantia abhorrentes honestam in curia Romana demorandi occasionem semper haberent ex quibus vestra Sanctitas certo possit in quo statu res nostrae sint ediscere hoc nomine Episcopum Vazionensem vobis commendamus qui ut sortis suae qualecunque incrementum vestrae Sanctitati duntaxat refert acceptum ita Cardinalatus honorem prioribus beneficiis nostra praesertim gratia adjici obnixe rogamus Sic Inimicorum cessabunt Calumniae praesentibus qui rerum gestarum veritatem possint adstruere Nec actionum nostrarum ullam aequos rerum aestimatores cupimus latere qui in ea Religionis quam profitemur puritate enutriti sic semper statuimus nihil melius tutiusque quam citra fucum in iis promovendis quae Divini Numinis gloriam serio spectant pie contendere remotis invidiae stimulis non tam quid Religionis inane nomen quam verae pietatis Sacrosancta tessera requirat charitatis semper adhibito fomento diligenter considerare Sed quia de his copiosius cum latore praesentium viro non inerudito in rebus nostris mediocriter versato disseruimus longioris Epistolae taedio censuimus abstinendum Beatudinis vestrae obsequentissimus Filius I. R. E Sancta Cruce 24 Sept. 1599. King James Letter to Pope Clement MOst Holy Father having understood by several Reports how diligent the Rivals of our Condition have been that the Sword of your Authority should be unsheathed against us and with what constancy your Prudence hath hitherto refused it we could do no less then return thanks for such a good turn received especially upon so fair an occasion when the Bearer of these a Scotchman by Nation but a Roman by Adoption was returning unto your Dominions we recommend him to your Holiness to whom for his good parts you have already been beneficial that you would attentively hear him in those things which he shall deliver in our Name And because we know there is no better remedy against the Calumnies of ill Willers who by commemorating our injuries
Potentissimo Principi ac Domino Philippo Quarto c. SErenissime Potentissime P. Frater Consanguinee Amice Charissime Quum aliquot abhinc annis pro affinitate nostra arctiori totiusque orbis Christiani bono deliberatio suscepta fuerit de Matrimonio inter Charissimum silium nostrum Carolum P. Walliae Illustrissimam Infantem Dominam Mariam Serenitatis vestrae sororem natu minorem contrahendo quod superstite adhuc R. Philippo Tertio felicissimae memoriae Patre vestro eo per gradus devectum erat ut ille si non expirasset hoc multo antehac consummatum iri spes esset nunc denuo Serenitatem vestram interpellandam duximus jam tandem ut velit operi bene inchoato fastigium imponere expectato deliberationes praeteritas exitu coronare Matura jam filii aetas filii Unici rerumque temporum ratio conjugem videntur efflagitare nobisque in senectutis limine constitutis felicissimus illuceret dies quo cernere liceret posterorum etiam amicitiam optato hoc affinitatis foedere constrictam Misimus itaque ad Serenitatem vestram Legatum nostrum Extraordinarium Praenobilem virum Iohannem Digbeum Baronem de Sherbone Consiliarâ—um Vice-Camerarium nostrum jam olim de hac affinitate Domus Austriacae honore bene meritum cui una cum Legato nostro Ordinario quicquid reliquum est hujus Negotii tractandum transigendum absolvendumque Commisimus Quicquid illis illic videbitur ratum hic habituri Utinam etiam vestre Serenitatis bonitate levaretur aliquando altera illa nostra de Palatinatu Sollicitudo de â—ilia genero insontibus eorum liberis ex avito jam extorribus Patrimonio Quam vellemus vestiae Potissimum Serenitati beneficium hoc in solidum debere cujus tot modo experti sumus ea in re Amicissima Officia Non nos unquam capiet tantae benevolentiae oblivio Posterisque Haereditarium studebimus relinquere amorem illum quo vestram Serenitatem memoriae optimae Patrem semper sumus amplexi semper amplexuri Unum hoc superest ut si quid aliud in re quacunque proposuerit Legatus hic noster eam ei fidem adhibere ac si nos praesentes essemus dignetur Serenitas vestra Quam Deus Optimus Maximus perpetuo incolumem conservet Serenitatis vestrae Frater Amantissimus Jacobus R. Dat. è Regia nostra Theobald 14 Die Martii An. Dom. 1621. Iames c. To the most Serene and most Potent Prince and Lord Philip the Fourth c. MOst Serene and Potent Prince Kinsman and Wel-beloved Friend Forasmuch as some years ago for our nearer Alliance and the good of the whole Christian World we had resolved to make a Marriage between our Wel-beloved Son Charls Prince of Wales and the most Illustrious Infanta the Lady Mary your Serenities yongest Sister which in the life time of your Father King Philip the Third of most happy memory was so far advanced That if he had not died it had been brought to perfection long ere now We have therefore thought good to Treat now again with your Serenity that at length you would put a period to a work so well begun and crown our by-past Deliberations with an expected issue The age of our Son arived now to maturity and he our onely Son besides the condition of the times and our affairs doth require him to marry And we being at the brink of old age it would rejoyce us to see the day wherein our Posterities Friendship should be bound up in this most desired Bond of Affinity We have therefore sent unto your Serenity our Extraordinary Ambassador the Right Honorable the Lord Digby Baron of Sherborne our Counsellor and Vice-Chamberlain who has formerly deserved well of this Alliance and the honor of the House of Austria unto whom together with our Ordinary Ambassador we have intrusted the remainder of this business to be treated transacted and finished and shall be ready to ratifie and approve here what ever they shall agree upon We wish likewise that your Serenity out of your goodness would ease our other care touching the Palatinate which concerns our Daughter and Son in Law and their innocent Children banished from their Ancestors Inheritance How gladly would we ow this good turn solely to your Serenity who have already done us so many friendly offices in that business No Oblivion shall ever blot out of our minde the acknowledgment of so great a favor and we will endeavor to transmit to our Posterity that Hereditary good will wherewith we have ever affected your Serenity and your Royal Father of most worthy memory and shall ever affect you One thing remains That if this our Ambassador shall propose any other matter touching what business soever your Serenity will be pleased to give him Credence as if we our self were present The most gracious and great God ever preserve your Serenity in safety Your Serenities most Loving Brother J. R. Given at our Pallace of Theobalds 14 March 1621. Prince Charls to the King of Spain MOst Serene and Potent Prince and wel-beloved Kinsman some years ago our most Serene Parents begun to treat about a Match between us and the most Serene our dearly beloved Princess the Lady Mary your Majesties most honored Sister The condition and success of which affair and treaty our most Serene and Honored Lord and Father out of his Fatherly affection towards us was pleased upon all occasions so much the more willingly to impart unto us by how much greater propension and apparent signs of true affection he discovered in us thereunto For which cause the Baron Digby his Majesties Vice-Chamberlain and Extraordinary Ambassador and one of our Privy Chamber being now bound for Spain with most ample Instructions to bring unto an happy issue that which was prosperously begun advanced before your most gracious Father our Uncle of happy memory departed this life We thought it no less becoming us by these our Letters most affectionately to salute your Majesty who if you shall perswade your self that we highly esteem of your affection as we ought to do and that by a most near bond of affinity we desire to have it inlarged and confirmed towards us that very perswasion will not a little adde to the measure of our love It remains that we intreat your Majesty to give full credit to such further Proposals as the Baron Digby shall make in our name In the mean time we will hope for such a success of the principal business as may give us occasion to use a more familiar stile hereafter in our Letters as an argument of a nearer relation which if it shall happen this will also follow That we shall most readily embrace all occasions whereby to evidence unto your Majesty the progress and increase of our affection as well towards your self as your most Serene Sister The most great and good God preserve your Majesty long in safety Your Majesties
to this Crown for it will be a thing necessary for them to do so And those even against their own Religion will foment and assist the Hereticks for hatred to us Without doubt they will follow the other party onely to leave your Majesty with that blemish which never hath beâ—aln any King of these Dominions The King of England will remain offended and enraged seeing that neither interest nor helps do follow the Alliance with this Crown as likewise with Pretext of particular resentment for having suffered his Daughter and Grand-children to be ruined for respect of the said Alliance The Emperor though he be well-affected and obliged to us in making the Translation at this time as businesses now stands the Duke of Bavaria being possessed of all the Dominions although he would dispose all according to our Conveniencies it will not be in his power to do it as your Majesty and every body may judge and the Memorial that the Emperors Ambassador gave your Majesty yesterday makes it certain since in the List of the Soldiers that every one of our League is to pay he sheweth your Majesty that Bavaria for himself alone will pay more then all the rest joyned together the which doth shew his power and intention which is not to accommodate matters but to keep to himself the Superiority of all in this broken time the Emperor is now in the Dyet and the Translation is to be made in it The Proposition in this estate is by considering the means for a Conference which your Majesties Ministers will do with their Capacities Zeal and Wisdom and it is certain they will herein have enough to do For the difficulty consists to finde a way to make the present estate of affairs straight again which with lingring as it is said Both the power and time will be lost I suppose the Emperor as your Majesty knoweth by his Ambassador desires to marry his Daughter with the King of Englands Son I do not doubt but he will be likewise glad to marry his Second Daughter with the Palatines Son Then I propound that these two Marriages be made and that they be set on foot presently giving the King of England full satisfaction in all his Propositions for the more strict Union and Correspondency that he may agree to it I hold for certain that all the Conveniences that would have followed the Alliance with us will be as full in this and the Conveniencies in the great Engagement are more by this for it doth accommodate the matter of the Palatinate and Succession of his Grand-children with Honor and without drawing a Sword and wasting Treasure With this Interest the Emperor with the Conveniencies of the King of England and the Palatinate the onely means in my way of understanding to hinder those great dangers that do threaten may accommodate the business and not sever himself from the Conveniencies and Engagements of Bavaria and after I would reduce the Prince Elector that was an enemy to the obedience of the Church by breeding his Sons in the Emperors Court with Catholick Doctrine The Business is great the Difficulties greater perchance then have been in any other case I have found my self obliged to present this unto your Majesty and shall shew if you command me what I think fit for the disposing of the things and of the great Ministers which your Majesty hath I hope with the particular Notes of these things and all being helped with the good zeal of the Conde Gondomar it may be God will open a way to it a thing so much for his and your Majesties service Such Consultations had the Catholick King in his Cabinet-Council whilst he pretended so much zeal to a Closure with England Insomuch that King Iames professed to have taken great contentment in the Dispatches of the Earl of Bristol as full and satisfactory And though the Order sent to the Archduchess for the Relief of Anheim arrived too late yet he acknowledged it to be an argument of that Kings sincere intentions But the Kings hopes were still deferred and these Delays were palliated by the stop of the Dispensation till the Pope were further satisfied in the time of the Childrens education under the Mothers government and the exemption of Ecclesiastical persons from all Secular jurisdiction And the Spaniards did not spare to stretch the Kings ductile spirit For he was willing to stand obliged by a private Letter that the Children should be kept under the Mothers wing till the age of Nine years but he desired for Honors sake that no more then Seven might be exprest in the Publique Articles But this Enlargement would not satisfie He must come up to the allowance of Ten years which was the lowest of all to be expected and so he was brought at length to wave his Honor and to insure this Concession by a Publique Ratification And for the Exemption of Ecclesiasticks from the Secular power thus far he yielded That the Ecclesiastical Superior do take notice of the offence that shall be committed and according to the merit thereof either by Degradation deliver him to Secular Justice or banish him the Kingdom Bristol's importunate Negotiation procured this Answer from the King of Spain First touching the Marriage being desirous to overcome all difficulties that might hinder this union he had endeavoured to conform himself with the Resolutions given by the King of Great Britain to the Popes Propositions and had dispatched a Post to Rome that his Holiness judging what hath been here concluded and held sufficient might grant the Dispensation which he engageth to procure within three or four moneths at the farthest And in the interim that no time be lost the remaining Temporal Articles shall be treated and concluded As touching the Palatinate by his late Dispatches into Flanders due course is taken to settle all things as may be desired But until it be known what effects the same hath wrought and what the Emperor will reply no Answer can be given in writing to the Particulars contained in the Ambassadors Memorial Moreover the Popes Demands to which King Iames took exceptions being now accommodated by the King of Spain were sent into England and presently signed by the King and Prince without the change of a word King Iames having strong assurance that the Dispensation must needs be granted speedily appointed his Agent Gage who was now again at Rome to present to the Pope and certain Cardinals those Letters which lay in his hand to be delivered at a fit season The Kings Letter to the Pope gave him the stile of Most Holy Father Likewise he directed the Earl of Bristol to proceed to the Temporal Articles and to consummate the whole business But while the King had so much zeal and confidence in his Applications to Spain and Rome the Palatinate is left at random upon the Spaniards loose and general promises For Colonel Papenheim had block'd up Frankendale the onely Hold whereby the Palsgrave
that publick Trust reposed in him when the Proxies were deposited in his hands with publick and legal Declaration with an instrument by a Secretary of State to the King of Spain leading and directing the use of them and the same being then instrumentum stipulatum wherein as well the King of Spain was interessed by the acceptation of the substitution as the Prince by granting of the Proxies he could not in honesty fail the publick Trust without clear and undoubted warrant which as soon as he had he obeyed So as the Case standing thus the said Earl is very confident that the supposed Countermands Directions and Restrictions when they should be perused and considered of will appear to have been very slender and insufficient warrant against the aforesaid Orders and Reasons before specified And is also as confident That what is assured out of his the said Earls Dispatches will also appear to be misunderstood and that if he had proceeded to the execution of the Desponsories before he received direct and express commandment to the contrary by the aforesaid Letters November 13. 1623. which he readily and punctually obeyed he had not under favor broken his Instructions or deserved any blame for lack of assurance of the restitution of the Palatinate and Temporal Articles And first of the Palatinate his said Majesty did not send to the said Earl express Directions not to dispatch the Desponsories until a full conclusion were had of the other Treaty of the Palatinate together with that of the Marriage as by the said Article is alledged onely his late Majesty by the aforesaid Letters of October 8. required the said Earl so to endeavor that his Majesty might have the joy of both at Christmas Whereas his Instructions of May 14. 1621. were express that he should not make the business of the Palatinate a condition of the Marriage And his late Majesties Letters of December 30. 1623. were fully to the same effect Yet did the said Earl according to what was intimated by the said Letters of October 8. so carefully provide therein as that before the Proxies were to be executed he had an absolute answer in the business of the Palatinate the same should be really restored according to his late Majesties desire and the Conde Olivarez both in his Majesties name and in his own desired the said Earl and Sir Walter Aston that they would assure his Majesty of the real performance of the same and intreated if need were they should engage their honor and life for it as by their joynt Dispatches of November 23. 1623. will appear and so much the said Sir Walter Aston and the said Earl agreed should be delivered to them in writing before they would have delivered their Proxies and so the said Earl declared it the which Answer in writing should have been the same which since was given them of Ianuary 8. 1623. And both Sir Walter Aston and the said Earl were confident therein as they by their said Letters of November 23. wrote to his late Majesty as followeth Viz. That his Majesty might according to his desire signified to the said Earl by his Letters of October 8. give as well to his Majesties Daughter that Christmas the comfortable news of the expiring of her great troubles and sufferings as to his Son the Prince the Congratulation of being married to a most worthy and excellent Princess By which it will evidently appear he meant not to leave the business of the Palatinate loose when he intended to proceed to the Marriage but he confessed that he was ever of opinion that the best pawn and assurance his late Majesty could have of the real proceedings of the Palatinate was That they proceeded really to the effecting of the Match and of the same opinion was his late Majesty also and the Lords Commissioners here in England as appeareth by his Instructions dated March 14. 1621. which opinion still continued in them as appeareth by his late Majesties Letters of Ianuary 7. 1622. And as for the Temporal Articles the said Earl saith when the Desponsories were formerly appointed to have been as he remembreth on Friday August 29. before the departure of his Majesty then Prince out of Spain which was onely hindred by the not coming of the Dispensation the Prince appointed him and Sir Walter Aston to meet with the Spanish Commissioners and they drew up the heads of the Temporal Articles wherewith the Prince and the Duke of Buckingham were acquainted and in case the Dispensation had come and the Desponsories been performed on that day there had been no other provision made for them before the Marriage but presently upon the Prince his departure he the said Earl caused them to be drawn into form and sent them to his late Majesty September 27. 1623. desiring to understand his Majesties pleasure with all speed especially if he disapproved any thing in them but never received notice of any dislike thereof until the aforesaid Letters of November 13. 1623. which put off the Desponsories So as it appeareth the said Earl was so far from breaking his Instructions or from having any intention to have proceeded to the execution of the Desponsories before his Majesty and the Prince were satisfied of this point of the Infanta entring into Religion or before convenient assurance as well for the restitution of the Palatinate as performance of the Temporal Articles that he deserveth as he conceiveth under favor no blame so much as in intention but if he had erred in intention onely as he did not the same being never reduced into Act the Fault as he conceiveth was removed by his obedience before the intention was put into execution For so it is in Cases towards God And as to the matter of aggravation against him that he appointed so short a time for the Desponsories as that without extraordinary diligence the Prince had been bound he thereto saith as he said before that he set no day at all thereunto nor could defer it after the Dispensation came from Rome without a direct breach of the Match so long labored in and so much desired yet he and Sir Walter Aston having used all possible industry to discover how the motion of deferring the Match would be taken and finding an absolute resolution in the King of Spain to proceed punctually and to require the Proxies according to the Capitulations within ten dayes after the coming of the Dispensation and that time also getting advertisement from Rome that the Dispensation was granted and would presently be there he the said Earl to the end in so great a Cause he might have a clear and undoubted understanding of his late Majesties pleasure sent a Dispatch of November 1. with all diligence unto his Majesty letting his Majesty know that it could not be possible for him to protract the Marriage above four dayes unless he should hazard the breaking for which he had no warrant But that this was no new Resolution nor the
in Parliament The Right Honorable Vicount Dunbar Deputy Justice in Oyer to the Earl of Rutland from Trent Northward and a Commissioner of Sewers and a Deputy Lieutenant within the East-Riding of Yorkshire his Lordship is presented to be a Popish Recusant and his Indictment removed into the Kings-Bench and his Wife Mother and the greatest part of his Family are Popish Recusants and some of them convicted William Lord Eury in Commission for the Sewers in the East-Riding a convict Popish Recusant Henry Lord Abergaveney John Lord Tenham Edward Lord Wotton in Commission for Sewers justly suspected for Popery Henry Lord Morley Commissioner of Sewers in Com. Lanc. himself suspected and his wife a Recusant Iohn Lord Mordant Commissioner of the Peace Sewers and Subsidie in Com. Northampton Iohn Lord St Iohn of Basing Captain of Lidley Castle in Com. Southampton indicted for a Popish Recusant Em. Lord Scroop Lord President of his Majesties Council in the North Lord Lieutenant of the County and City of York Com. Eborac Ville Kingston super Hull presented the last time and continuing still to give suspition of his ill-affection in Religion 1. By never coming to the Cathedral Church upon those dayes wherein former Presidents have been accustomed 2. By never receiving the Sacrament upon Common dayes as other Presidents were accustomed but publickly departing out of the Church with his servants upon those dayes when the rest of the Council Lord Major and Aldermen do receive 3. By never or very seldom repairing to the Fasts but often publickly riding abroad with his Hawkes on those dayes 4. By causing such as are known to be firm on those dayes in the Religion established to be left out of Commission which is instanced in Henry Alured Esquire by his Lordships procurement put out of the Commission of Sewers or else by keeping them from executing their places which is instanced in Dr. Hudson Doctor in Divinity to whom his Lorship hath refused to give the Oath being appointed 5. By putting divers other ill-affected persons in Commission of the Council of Oyer and Terminer and of the Sewers and into other Places of Trust contrary to his Majesties gracious Answer to the late Parliament 6. In October last 1625. being certified of divers Spanish ships of War upon the Coasts of Scarborough his Lordship went thither and took with him the Lord Dunbar Sir Thomas Metham and William Alford and lay at the house of the Lord Eury whom he knew to be a convict Recusant and did notwithstanding refuse to disarm him although he had received Letters from the Lords of the Council to that effect and did likewise refuse to shew the Commissioners who were to be imployed for disarming of Popish Recusants the original Letters of the Privy-Council or to deliver them any Copies as they desired and as his Predecessors in that place were wont to do 7. By giving Order to the Lord Dunbar Sir William Wetham and Sir William Alford to view the Forts and Store of Munition in the Town of Kingston upon Hull who made one Kerton a convict Recusant and suspected to be a Priest their Clerk in that service 8. By denying to accept a Plea tendred according to the Law by Sir William Hilliard Defendant against Isabel Simpson Plaintiff in an Action of Trover that she was a convict Popish Recusant and forcing him to pay costs 9. By the great increase of Recusants since his Lordships coming to that Government in Ianuary 1619. It appearing by the Records of the Sessions that there are in the East-Riding onely One thousand six hundred and seventy more convicted then were before which is conceived to be an effect of his favor and countenance towards them William Langdale Esquire convict of Popish Recusancy Iordan Metham Henry Holm Michael Partington Esquires George Creswell Thomas Danby Commissioners of the Sewers and put in Commission by procurement of the Lord Scroop Lord President of the North and who have all Popish Recusants to their wives Ralph Bridgeman a Non-Communicant Nicholas Girlington whose wife comes seldom to Church Sir Marmaduke Wycel Knight and Baronet presented the last Parliament his wife being a convict Popish Recusant and still continuing so Sir Thomas Metham Knight Deputy Lieutenant made by the Lord Scroop in Commission of the Council of the North and of Oyer and Terminer and other Commissions of Trust all by procurement of the same Lord President since the Kings Answer never known to have received the Communion his two onely Daughters brought up to be Popish and one of them lately married to Thomas Doleman Esquire a Popish Recusant Anthony Vicount Montague in Commission of the Sewers in Com. Sussex his Lorship a Recusant Papist Sir William Wray Knight Deputy Lieutenant Colonel to a Regiment his wife a Recusant Sir Edw. Musgrave Sir Tho. Lampleigh Justices of Peace and Quorum Sir Thomas Savage Deputy Lieutenant and Justice of Peace his wife and children Recusants Sir Richard Egerton a Non-Communicant Thomas Savage Esquire a Deputy Lieutenant a Recusant and his wife indicted and presented William Whitmore Commissioner of the Subsidy his wife and children Recusants Sir Hugh Beeston Commissioner of the Subsidy his Daughter and many of his Servants Recusants Sir William Massie Commissioner for the Subsidy his Lady indicted for Recusancy and his children Papists Sir William Courtney Knight Vice-Warden of the Stannery and Deputy Lieutenant a Popish Recusant Sir Thomas Ridley Knight Justice of the Peace his wife a Popish Recusant and eldest son Sir Ralph Conyers Knight Justice of Peace his wife a Popish Recusant Iames Lawson Esquire a Justice of Peace and one of the Captains of the Trained-band his children Popish Recusants and servants Non-Communicants Sir Iohn Shelley Knight and Baronet a Recusant William Scot Esq a Recusant Iohn Finch Esquire not convict but comes not to Church in Commission of the Sewers These are all convicted Recusants or suspected of Popery Sir William Mollineux Deputy Lieutenant and Justice of Peace his wife a Recusant Sir Richard Honghton Knight Deputy Lieutenant his wife and some of his daughters Recusants Sir William Norris Captain of the general Forces and Justice of Peace a Recusant Sir Gilbert Ireland Justice of Peace a Recusant Iames Anderton Esquire Justice of Peace and one of his Majesties Receivers his wife a Non-Communicant his son and heir a great Recusant and himself suspected Edward Rigby Esquire Clerk of the Crown Justice of Peace himself a good Communicant but his wife and daughters Popish Recusants Edward Criswell Esquire Justice of Peace his wife a Popish Recusant Iohn Parker Gentleman Muster-Master for the County suspected for a Popish Recusant George Ireland Esquire Justice of Peace his wife a Popish Recusant Iohn Preston Esquire Bow-bearer for his Majesty in Westmorland Forest a Recusant Thomas Covill Esquire Jaylor Justice of Peace and Quorum his Daughter a Recusant married Sir Cuthbert Halsal Justice of Peace his wife a Recusant Richard Sherborn Esquire Justice of Peace himself
ever so much as written a Letter of Complement to the Lady but that he had still before his eyes as his Cynosure the Promise made by the Coâ—de for the Restitution of the Palatinate To hasten the Delivery of the Lady the Duke presented unto the Conde how his Master was now in years the Prince his onely Son and he would suffer in Honor and Reputation to return home without his Wife The Conde consented hereunto and desired the Prince would name a day for his departure This news came to the Infanta who seemed to be Apprehensive of the Princes going away and prevailed with his Highness to return this Complement unto her That rather then he would give her Alteza any disgust he would stay for her seven years By this time Sir Francis Cottington is arived with all things perfected by the King and Letters from the Ambassadors of full satisfaction and a command from the King to his Highness to make his return within one moneth Now began the Conde to enter into the Treaty for the Restitution of the Palatinate saying The Lady should by no means go to England before that business was accommodated And it was projected That there should be a Restitution of the Land to the Prince Palatine upon a Condition of Marriage with the Emperors Daughter and that he should be bred in the Emperors Court The Prince demanding of the Conde whether in case the Emperor proved refractory the King his Master would assist him with Arms to reduce him to reasonable terms The Conde answered Negatively because they had a Maxim of State that the King of Spain must never fight against the Emperor for they would not employ their forces against the House of Austria Hereupon his Highness made his Protestation to the Conde Look to it Sir for if you hold your self to that there is an end of all for without this you may not relie upon either Marriage or Friendship By this time the Prince is grown cheap and vulgar in the Court of Spain so that they will scarce bestow a visit upon him and the Conde came very seldom to him And two Letters came to the Dukes hands which shewed that all that the Conde did was nothing but slashes and lightning notwithstanding he seemed at this time to be in a good humor and told the Duke That now certainly it must be a Match and the Devil could not break it The Duke replied He thought so and the Match had need be very firm and strong it had been seven years in Soadering The Conde denied and said plainly it had not been really intended seven moneths and said I will fetch that out of my Desk that shall assure you thereof and so produced two Letters the first was written with the King of Spains own hand Dated the Fifth of November 1622. And the other from the Conde Olivares of the Eighth of November 1622. Both which Letters are mentioned before IV. The Princes return from Spain ANd now the Prince returning for England being engaged to leave his Proxy did deâ—osite the same in the hands of the Earl of Bristol who was to keep it and use it as his Procurator that is As he should receive his Highness Direction from time to time His words for the present were said the Duke That if the Confirmation came from Rome clear and intire which it did not then within so many days he should deliver it to the King of Spain The second Direction sent to him was by a Letter which his Highness sent him between his departure from the Escurial and coming to the Sea side to this effect That for fear a Monastery should rob him of his Wife he should stay the delivery of the Powers until the doubts were cleared and that his Highness would send him in the Premisses some further Directions Here because my Lord of Bristol in his Letter of the First of November 1623. doth press so vehemently the Prince his Highness concerning this Proxy and the Prince vowed openly before both Houses that he had never by Oath or Honor engaged himself not to revoke the Powers more then by the clause De non revocando Procuratore inserted in the Instrument it self and that he conceived the clause to be matter of Form and although Essentially of no binding power yet usually thrust into every such Instrument and that the Civilians do hold That it is lawful by the Civil and Canon Law for any man to revoke his Proxy of Marriage notwithstanding it hath the clause De non revocando Procuratore inserted in it Therefore as to this point the Duke concluded That the Earl of Bristol in charging this matter so highly on the Prince had much forgot himself V. The Subsequent proceedings of his Majesty in both the Treaties since the return of his Highness THe Prince by the Mercy of God came to Royston and made his Relation to the King of all that had passed His Majesty was glad and told him That he had acted well the part of a Son and now the part of a Father must come upon the Stage which was to provide with all circumspection That his onely Son should not be married with a Portion of Tears to his onely Daughter And therefore his Majesty commanded by an express dispatch the stay of the Proxy in the Earl of Bristols hands until he had some better assurance of the Restitution of the Palatinate Then was read his Majesties Letter to the Earl of Bristol dated the Eighth of October 1623. wherein the Earl of Bristol was positively required by the King That before he deliver the Powers or move to the Contract to procure from the King of Spain a direct Restitution of the Palatinate and the Electoral Dignity or to assist with Arms within a time limited You would perceive that by this Dispatch Bristol would lay hold on all hints and emergent occasions to put off the Desponsorios without this required Assurance by Arms first obtained but the truth is he did not so For first the Confirmation came from Rome clogged and mangled and instead of challenging thereupon he labors with no small strength of wit to hide and palliate the same Secondly In the Temporal Articles the Portion was altered Six hundred thousand pounds in ready cash to some Eighty thousand pounds in money and a few Jewels and a Pension of Two thousands pounds per annum Instead of quarrelling this main alteration he seems to approve and applaud the payment Thirdly For the Assurance of Restitution of the Palatinate the main Foundation both of Match and Friendship he is so far from providing for it before which was the Method prescribed him by the King that he leaves it to be mediated by the Infanta after the Marriage Lastly Instead of putting off the Contract as any man in the world upon the Dispatch from Royston would have done he comes to prefix a precise day for the Desponsorios Now from this rash fixing of the day for the
used towards them as they expected and with so many Answers from the Earl had on their part been undertaken the said Prince our now gratious Soveraign was inforced out of his love to his Countrey to his Allies Friends and Confederates and to the peace of Christendom who all suffered by those intolerable delays in his own person to undertake his long and dangerous journey into Spain that thereby he might either speedily conclude those Treaties or perfectly discover that on the Emperors and King of Spains part there was no true and real intention to bring the same to conclusion upon any fit and honorable terms and conditions and did absolutely and speedily break them off By which journey the person of the said Prince being then Heir-Apparant to the Crown of this Realm and in his person the peace and safety of this Kingdom did undergo such apparant and such inevitable danger as at the very remembrance thereof the hearts of all good Subjects do even tremble II. Offences done and committed by the said Earl during the time of the Princes being in Spain VII THat at the Princes coming into Spain during the time aforesaid the Earl of Bristol cunningly falsly and traiterously moved and perswaded the Prince being then in the power of a foreign King of the Romish Religion to change his Religion which was done in this manner At the Princes first coming to the said Earl he asked the Prince for what he came thither the Prince at first not conceiving the Earls meaning answered You know as well as I. The Earl replied Sir Servants can never serve their Master industriously although they may do it faithfully unless they know their meanings fully Give me leave therefore to tell you what they say in the Town is the cause of your coming That you mean to change your Religion and to declare it here And yet cunningly to disguise it the Earl added further Sir I do not speak this that I will perswade you to do it or that I will promise you to follow your example though you will do it but as your faithful Servant if you will trust me with so great a secret I will endeavor to carry it the discreetest way I can The Prince being moved at this unexpected motion again said unto him I wonder what you have ever found in me that you should conceive I would be so base and unworthy as for a Wife to change my Religion The said Earl replying desired the Prince to pardon him if he had offended him it was but out of his desire to serve him Which perswasions of the said Earl was the more dangerous because the more subtile whereas it had been the duty of a faithful Servant to God and his Master if he had found the Prince staggering in his Religion to have prevented so great an error and to have perswaded against it so to have avoided the dangerous consequence thereof to the true Religion and to the State if such a thing should have hapned VIII That afterwards during the Princes being in Spain the said Earl having conference with the said Prince about the Romish Religion he endeavored falsly and traiterously to perswade the Prince to change his Religion and to become a Romish Catholick and to become obedient to the usurped Authority of the Pope of Rome And to that end and purpose the said Earl traiterously used these words unto the said Prince That the State of England never did any great thing but when they were under the obedience of the Pope of Rome and that it was impossible they could do any thing of note otherwise IX That during the time of the Princes being in Spain the Prince consulting and advising with the said Earl and others about a new offer made by the King of Spain touching the Palatinates Eldest Son to marry with the Emperors Daughter but then he must be bred up in the Emperors Courts the said Earl delivered his opinion That the Proposition was reasonable whereat when Sir Walter Aston then present falling into some passion said That he durst not for his head consent to it the Earl of Bristol replied That he saw no such great inconvenience in it for that he might be bred up in the Emperors Court in our Religion But when the extream danger and in a manner the impossibility thereof was pressed unto the said Earl he said again That without some great Action the Peace of Christendom would never be had which was so dangerous and so desperate a Counsel that one so near the Crown of England should be poysoned in his Religion and become an unfriend to our State that the consequences thereof both for the present and future times were infinitely dangerous and yet hereunto did his disaffection to our Religion the blindness in his Judgment misled by his sinister respects and the too much regard he had to the House of Austria lead him III. Offences done and committed by the said Earl after the Princes coming from Spain X. THat when the Prince had clearly found himself and his Father deluded in these Treaties and hereupon resolved to return from the Court of Spain yet because it behoved him to part fairly he left the powers of the Desponsories with the Earl of Bristol to be delivered upon the return of the Dispensation from Rome which the King of Spain insisted upon and without which as he pretended he would not conclude the Marriage The Prince foreseeing and fearing lest after the Desponsories the Infanta that should then be his Wife might be put into a Monastery wrote a Letter back to the said Earl from Segovia thereby commanding him not to make use of the said Powers until he could give him assurance that a Monastery should not rob him of his Wife which Letter the said Earl received and with speed returned an Answer thereto into England perswading against this Direction yet promising Obedience thereunto Shortly after which the Prince sent another Letter to the said Earl into Spain discharging him of his farther command But his late Majesty by the same Messenger sent him a more express direction not to dispatch the Desponsories until a full Conclusion were had of the other Treaty of the Palatinate with this of the Marriage for his Majesty said That he would not have one Daughter to laugh and leave the other Daughter weeping In which Dispatch although there were some mistaking yet in the next following the same was corrected and the Earl of Bristol tyed to the same Restriction which himself confessed in one of his Dispatches afterwards and promised to obey punctually the Kings command therein yet nevertheless contrary to his Duty and Alleagiance in another Letter sent immediately after he declared That he had set a day for the Desponsories without any Assurance or so much as treating of those things which were commanded to him as Restrictions and that so short a day that if extraordinary diligence with good success in the Journey had not concurred
his gracious acceptance of his service as in his Letters of November 24. 1622. written as followeth Viz. Your Dispatches are in all points so full and in them we receive so good satisfaction as in this we shall not need to inlarge any further but onely tell you we are well pleased with this diligent and discreet imployment of your endeavors and all that concerneth our service so are we likewise with the whole proceedings of our Ambassador Sir Walter Aston Thus we bid you heartily farewel Newmarkeâ— Novemb. 24 1622. And afterwards his Majesty was likewise pleased in his Letters of 8 Ianuary 1622. a little before our gracious Soveraign Lord the King then Prince his coming into Spain Viz. as followeth Concerning that knotty and unfortunate Affair of the Palatinate to say the truth as things stand I know not what you could have done more then you have done already And whereas it is objected the Palatinate should be lost by the hopes he the said Earl gave by his Letters out of Spain it is an Objection of impossibility for there was nothing left but Mainheim and Frankendale when his first Letters out of Spain could possibly come to his late Majesties hands for he did not begin to Negotiate that business until August 1622. and about that time Heidelberg and all but Mainheim and Frankendale was lost and Mainheim he had saved by his industry had it not been so suddenly delivered as is by his Majesty acknowledged by Letters of 24 November 1622. written thus Viz. And howsoever the Order given to the Infanta for the relief of Mainheim arrived too late and after the Town was yielded to Tilly yet must we acknowledge it to be a good effect of your Negotiation and an Argument of that Kings sincere and sound intention And Frankendale being by the said Earls means once saved was again the second time saved meerly by the said Earls industry and procuring a Letter from the King of Spain dated the second of February 1623. whereupon followed the Treaty of Sequestration which hath since continued And he the said Earl was so far from hindring Succors by any Letter or Counsel of his that he was the Sollicitor and in great part the procurer of most of the Succors that had been sent thither as is formerly set down And when his Royal Majesty that now is and the Duke of Buckingham arrived at the Court of Spain they found the Business of the Palatinate in so fair a way that the Spanish Ministers told them the King should give his late Majesty a Blank in which we might frame our own Conditions and the same he confirmeth unto us now and the like touching this Blank was likewise acknowledged by the Duke of Buckingham in his Speech in Parliament after the return of his Majesty out of Spain And it will appear by the Testimony of Sir Walter Aston and by his and the said Earls Dispatches that the said Earl wanted not industry and zeal in the business insomuch as the last Answer the said Earl procured herein from the King of Spain was fuller then he the said Earl was ordered by his late Majesties latest Letters to insist upon So as by that which hath been alledged the said Earl hopeth your Lordships will be satisfied not onely that he wanted neither will nor industry but that he hath with all true zeal and affection and with his own means faithfully served their Majesties and the Prince Palatine in this Cause And for assurance in that Affair he had all that could be between Christian Princes and if in the said Assurances there hath been any deceit as by the said Article is intimated which he never knew nor believed he referred it to God to punish their wickedness For betwixt Princes there can be no greater Tye then their Words their Hands and Seals all which he procured in that behalf and both the said Earl and Sir Walter Aston were so confident that the business would be ended to his late Majesties satisfaction that in a joynt Dispatch to his late Majesty of 24 November 1623. after his now Majesties return into England they wrote as followeth Viz. We hope that your Majesty may according to your desire signified to me the Earl of Bristol by the Letters of October 8 give to your Majesties Royal Daughter this Christmas the comfortable news of the near expiring of her great troubles and sufferings as unto the Prince your Son the congratulation of being arrived to a most excellent Princess And having thus given your Lordships an Accompt of his Proceedings touching the Palatinate he will by your Lordships good favors proceed to the other part of that Charge concerning the Marriage And first touching his hopes and assurances that he is charged to have given to his late Majesty and Ministers of State here in England of the Spaniards real proceedings in the said Match when he said he knew they never meant it He saith he never gave any hopes of their proceedings but such and the very same that were first given to him without adding or diminishing neither could he have done otherwise either with honesty or safety And he further saith That the hopes he gave were not upon any Intelligence but as well in that of the Match as the other of the Palatinate his Advertisements were grounded upon all the Assurances both of Words and Writing that could possibly pass between Christians as will be made evidently appear by his Dispatch of 9 September 1623 which he humbly desires may be read if the length of it may not displease The substance being to shew all the Engagements and Promises of the King of Spain that he really intended the Match And the causes why the Conde Olivares pretended to the Duke of Buckingham that the Match was not formerly meant was onely thereby to free himself from Treating any longer with the said Earl to the end that he might treat for larger Conditions in point of Religion with the said Duke The said Conde Olivares taking advantage of having the Person of his Majesty then Prince in his hands And with this Dispatch the said Earl acquainted his Majesty that now is in Spain before he sent it And by this Dispatch the Earl doubteth not but that it will appear to this Honorable Court that whilest the Treating of this business was in hand he proceeded in that not onely with care and industry but with some measure of vigilancy And for clearing an Objection that hath been alleadged that the Match was never meant before the Dukes coming into Spain nor after the Earl craveth leave to set down some few Reasons of many which caused him to believe that the said Match was and had been really meant and that it was so conceived by both their Majesties and the King of Spain and their Ministers on both sides For first The Duke of Buckingham certified his late Majesty that the business of the Marriage was brought to a happy Conclusion whereupon
What the said Earl saw in his Majesty that he should think him so unworthy as to change his Religion for a Wife or any earthly respect whatsoever So why should it be thought that being more fit to undertake great actions in the world being a meer moral and temporal respect should be an argument to perswade in conscience so religious and wise a Prince and so well instructed as his Majesty is as though the soul of a Christian Prince was to be wrought upon in point of Truth and Belief by temporal and worldly respects of Conveniencies and Greatness It were necessary for the proving that the said Earl perswaded his Majesty touching Religion to produce some arguments that he used out of Scripture to satisfie him in point of Conscience in some Tenents of the Roman Church or that he produced any Conference with Learned men for his satisfaction in point of Religion Otherwise the Articles used in this against the said Earl do as he conceiveth caâ—ry little strength to prove the Charge of perswading his Majesty either in regard of it self or in regard of his Majesties piety IX To the Ninth Article the said Earl saith That there was a Discourse in Spain of the way of accommodating the Prince Palatine his affairs and by way of discourse it was moved That the Marriage of his eldest Son with a Daughter of the Emperor and his Son to be bred in the Emperors Court would be the fairest way for the pacifying of and accommodating those businesses And the Earl by way of discourse and not otherwise did say That he thought his late Majesty could not be adverse either to the said Match or to the breeding of the Prince Palatine his Son with the Emperor so as thereby the whole Patrimonial Estate of the Prince Palatine and the Dignity Electoral might be fully restored and that his Son might be bred in his own Religion and have such Preceptors and such a Family as his late Majesty and his Father meaning the Prince Palatine should appoint and they to have free exercise of Religion For so his late Majesty hath often declared himself to the said Earl and wished him to lay hold on any occasion for the entertaining of any such Proposition And otherwise then so and upon the terms aforesaid and by that way of Conference and discourse only he delivered not any Opinion to his Majesty at his Majesties being in Spain For the said Earl is very confident that his Majesty was returned out of Spain before any Proposition was made for the said Marriage other then by way of discourse as aforesaid The same as the said Earl believeth being first moved and debated on by way of Proposition between Mr. Secretary Calvert and the Ambassador of the King of Spain Octob. 2. 1628. His late Majesty upon a relation made unto him by a Letter of Mr. Secretary Calvert approved of the said Proposition and declared the same to be the onely way as he conceived to accommodate with honor those great businesses And wrote to that purpose to his Son-in-law the Prince Palatine by his Letters dated 9 Novemb. 1623. A Copy of which he together with Mr. Secretary Calverts Relation and the Lord Conway by his late Majesties commandment sent unto the said Earl the Tenor of which translated out of French is as followeth WE have thought good that we may provide best and most soundly for your Affairs not only to procure but also to assure your Peace were to cut up by the very roots that Evil which hath been setled in the heart of the Emperor by the great displeasure and enmity he hath conceived against you For the removing and quite extinguishing of which it seemeth to us no better or more powerful means can be used then a good Alliance which may be proposed by us between your eldest Son and the Daughter of the said Emperor upon the assurance we have we shall not be refused in this nature if you on your part will give your consent And for the more surety of the good success thereof we are determined before any such Proposition be made to the Emperor to interess the King of Spain with us in the business who we trust will lend us his helping hand as well for the effecting of it and bringing it to a good conclusion as in procuring likewise that the Conditions be duly observed Amongst which Conditions if it happen that the Emperor should demand that your Son during his minority should be brought up in his Court We shall tell you that we for our own part see no reason why you should stick at it upon such Conditions as he might be tied unto to wit That the young Prince should have with him such Governor as you should please to appoint him although he be no Roman Catholick And that neither he nor any of his should be any way forced in matter of their Conscience And our meaning is so to order our proceeding in this Treaty that before your said Son be put into the hands of the Emperor we will have a clear and certain assurance of an honorable entire and punctual restitution of all whatsoever belonging to you As also we will take care to provide accordingly as fully and exactly for the Assurances requisite for the Liberty of Conscience for him and his Domesticks as they have done here with us touching those that have been granted them for the Infanta And therefore seeing there is no Inconvenience at all that may cause your aversness or backwardness in this business which we for our parts think to be the best shortest and most honorable way that you can take for the compassing of the entire Restitution and making your Peace sure with the Emperor We hope your opinion will concur with us herein and shall intreat you by the first to send us your Answer By which Letter after his Majesties coming out of Spain it appeareth to your Lordships that there was no Proposition of the Marriage betwixt the Son of the Prince Palatine and the Emperors Daughter when that Letter was written For therein his Majesty saith he was determined to interess the King of Spain in the business before any such Proposition should be made to the Emperor And it will also thereby appear that his late Majesties opinion was of the Conveniencie thereof which the said Earl hopeth will acquit him if by way of discourse only he declared what his Majesties inclination was which with honesty he could not have concealed And the said Earl saith he doth not remember what answer Sir Walter Aston made upon that discourse which he then delivered nor what replies the said Earl made but sure he is whatsoever the said Earl said or what answer or reply soever was made as it was by way of discourse and not otherwise so it was according to that which he truly conceived to be the best and easiest way to accommodate the business and to be his Majesties pleasure which the
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
other men of good sort but of lesser quality I have heard some by name to whom exception hath been taken and these are three I know from the Court by a Friend that my House for a good space of time hath been watched and I marvel that they have not rather named sixty then three The first of these is Sir Dudley Diggs a very great Mote in the Dukes Eye as I am informed for it is said That this Knight hath paid him in Parliament with many sharp Speeches If this be so yet what is that to me he is of age to answer for himself But in the time of the late Parliament when the Earl of Carlile came unto me and dealt with me thereabout I gave him my word and I did it truly That I was not acquainted with these things onely being sick as I was I had in general given him advice That he should do nothing that might give just offence to the King and I have credibly heard that when Sir Dudley was last in the Fleet committed from the Council Table he was much dealt withal to know Whether he was not instigated by me to accuse the Duke in Parliament The Knight with all the Protestations and Assurances that could come from a Gentleman acquitted me of the part and whole wherein he did me but right And I do remember when that man now so hated was a great Servant of the Dukes So that if he have now lost him it cannot but be presumed that it is for some unworthy carriage which the Gentleman conceiveth hath by that Lord been offered unto him Moreover How can I but imagine the words and actions of Sir Dudley Diggs have been ill interpreted and reported When I my self saw the Duke stand up nine times in a morning in the Parliament House to fasten upon him words little less if at all less then Treason when by the particular Votes of all the Lords and Commons in both Houses he was quit of those things which the other would have enforced upon him And a little while before he was hastily clapt into the Tower and within a day or two released again because nothing was proved against him And I assure you I am so little interessed in his actions That to this day I could never learn the reason why he was imprisoned in the Fleet although he was kept there for Seven or eight weeks I distinguish the King from the Duke of Buckingham the one is our Soveraign by the Laws of God and Men the other a Subject as we are And if any Subject do impeach another though of different degrees let the party grieved remedy himself by Law and not by Power But to speak further for this Knight I may not forget when he was publickly employed one time to the Hague a second time to Muscovia and thirdly into Ireland about Affairs of the State such opinion was then held of his good endeavors And for mine own part ever since the days of Queen Elizabeth I have been nearly acquainted with him he was my Pupil at Oxford and a very towardly one and this knowledge each of other hath continued unto this time He calleth me Father and I term his Wife my Daughter his eldest Son is my God-son and their Children are in love accounted my Grand-children The second that I have heard named was Sir Francis Harrington a Gentleman whom for divers years I have not seen and who for ought I know was never in my house but once in his life The third was Sir Thomas Wentworth who had good occasion to send unto me and some times to see me because we were joynt Executors to Sir George Savile who married his Sister and was my Pupil at Oxford to whose Son also Sir Thomas Wentworth and I were Guardians as may appear in the Court of Wards and many things passed between us in that behalf yet to my remembrance I saw not this Gentleman but once in these Three quarters of a year last past at which time he came to seek his Brother-in-law the Lord Clifford who was then with me at Dinner at Lambeth For one of the punishments laid upon me it was told me by the Lord Conway That I must meddle no more with the High Commission and accordingly within a few days after a Warrant is sent to the Attorney General that the Commission must be renewed and the Archbishop must be left out This under hand being buzzed about the Town with no small mixture of spight I conceived it to be agreeable to the proceedings with the Lords and Gentlemen which refused to contribute to the Loan they all being laid aside in the Commissions for Lieutenancy and the Peace in their several Countreys For my part I had no cause to grieve at this since it was his Majesties pleasure but it was by the actors therein understood otherwise they supposing that this power gave me the more Authority and Splendor in the Church and Common-wealth To deliver therefore truly the state of this Question It cannot be denied but that it was a great point of policy for the establishing of Order in the Ecclesiastical and consequently Civil Estate also to erect such a Court whereby Church-men that exorbitated in any grievous manner might be castigated and rectified and such sort of crimes in the Layety might be censured as were of Ecclesiastical Cognisance And verily this is of great use in the Kingdom as well for cherishing the Study of the Civil Law as otherwise So that it be kept incorruptible and with that integrity as so grave a Meeting and Assembly requireth That was principally my care who took much pains and spent much money that in fair and commendable sort Justice was indifferently administred to all the Kings people that had to do with us But every one might see that this was to my singular trouble for besides that to keep things in a streight course sometimes in fits of the Gout I was forced by my Servants to be carried into the Court where I could not speak much but with difficulty I was at no time free from Petitions from Examinations from signing of Warrants to call some to release others from giving way to speeding and forwarding Acts of Courts Suitors as their fashion is being so importunate as that in Summer and Winter in the day and in the night in sickness and health they would not be denied These things were daily dispatched by me out of Duty and more out of Charity no allowance being of pay from the King or of Fee from the Subject to us that were the Judges Nay I may say more the holding of that Court in such sort as I did was very expenceful to me out of my private Purse in giving weekly entertainment to the Commissioners the reason whereof was this King Iames being desirous when he made me Archbishop that all matters should gravely and honorably be carried directed me that I should always call
were made which was about one hundred years before 2 H. 5. besides the differences between these Savings and this Clause I doubt not but I shall give ample satisfaction to your Lordships that the Commons as well in this as in all their other Reasons have been most careful to rely upon nothing but that which is most true and pertinent Before the second year of King H. 5. the course was thus When the Commons were Suiters for a Law either the Speaker of their House by word of mouth from them the Lords House joyning with them or by some Bill in writing which was usually called their Petition moved the King to Ordain Laws for the redress of such mischiefs or inconveniences as were found grievous unto the people To these Petitions the King made answer as he pleased sometimes to part sometimes to the whole sometimes by denial sometimes by assent sometimes absolutely and sometimes by qualification Upon these Motions and Petitions and the Kings Answers to them was the Law drawn up and Ingrossed in the Statute Roll to binde the Kingdom but this inconvenience was found in this course that oftentimes the Statutes thus framed were against the sense and meaning of the Commons at whose desires they were Ordained and therefore in the 2 H. 5. finding that it tended to the violation of their Liberty and Freedom whose right it was and ever had been that no Law should be made without their assent they then exhibited a Petition to the King declaring their right in this particular praying that from thenceforth no Law might be made or Ingrossed as Statutes by additions or diminutions to their Motions or Petitions that should change their sense or intent without their assent which was accordingly established by Act of Parliament ever since then the use hath been as the Right was before that the King taketh the whole or leaveth the whole of all Bills or Petitions exhibited for the obtaining of Laws From this course and from the time when first it became constant and setled we conclude strongly that it is no good Argument because ye finde Savings in Acts of Parliament before the second of H. 5. that before those Savings were in the Petitions that begat those Statutes for if the Petitions for the two Loans so much insisted upon which Petitions for any think we know are not now extant were never so absolute yet might the King according to the usage of those times insert the Savings in his Answers which passing from thence into the Statute Roll do onely give some little colour but are not proof at all that the Petitions also were with Savings Thus much for the general to come now to the particular Statute of 25 of Edw. 1. which was a confirmation of Magna Charta with some provision for the better execution of it as common Law which words are worth the noting It is true that Statute hath also a Clause to this effect That the King or his Heirs from thenceforth should take no Aids Taxes or Prises of his Subjects but by common assent of all the Realm Saving the ancient Aids and Prises due and accustomed This Saving if it were granted which is not nor cannot be proved that it was as well in the Petition as in the Act yet can it no way imply that it is either fit or safe that the Clause now in question should be added to our Petition for the nature and office of a Saving or Exception is to exempt particulars out of a general and to ratifie the Rule in things not exempted but in no sort to weaken or destroy the general Rule it self The body of that Law was against all Aids and Taxes and Prises in general and was a confirmation of the common Law formerly declared by Magna Charta the Saving was onely of Aids and Prises in particular so well described and restrained by the words Ancient and Accustomed that there could be no doubt what could be the clear meaning and extent of that exception for the Kings Right to those ancient Aids intended by that Stature to be saved to him was well known in those days and is not yet forgotten These Aids were three from the Kings Tenants by Knights service due by the common Law or general Custom of the Realm Aid to ransom the Kings Royal Person if unhappily he should be taken prisoner in the Wars Aid to make the Kings Eldest Son a Knight and Aid to marry the Kings Eldest Daughter once but no more and that those were the onely Aids intended to be saved to the Crown by that Statute appeareth in some clearness by the Charter of King Iohn dated at Runningmede the 15 of Iune in the 5th year of his Reign wherein they are enumerated with an exclusion of all other Aids whatsoever Of this Charter I have here one of the Originals whereon I beseech your Lordships to cast your eyes and give me leave to read the very words which concern this point These words my Lords are thus Nullum scutigium vel auxilium ponatur in Regno nostro nisi per commune Consilium Regni nostri nisi ad Corpus nostrum redimendum primogenitum filium nostrum militem faciendum ad filiam nostram primogenitam semel maritandam ad hoc non siat nisi rationabile auxilium Touching Prises the other thing excepted by this Statute it is also of a particular Right to the Crown so well known that it needeth no description the King being in possession of it by every days usage It is to take one Tun of Wine before the Mast and another behinde the Mast of every Ship bringing in above twenty Tuns of Wine and here discharge them by way of Merchandise But our Petition consisteth altogether of particulars to which if any general Saving or words amounting to one should be annexed it cannot work to confirm things not excepted which are none but to confound things included which are all the parts of the Petition and it must needs beget this dangerous Exposition that the Rights and Liberties of the Subject declared and demanded by this Petition are not theirs absolutely but sub modo not to continue always but onely to take place when the King is pleased not to exercise that Soveraign Power wherewith this Clause admitted he is trusted for the protection safety and happiness of his People And thus that Birthright and Inheritance which we have in our Liberties shall by our own assents be turned into a meer Tenancy at will and sufferance Touching the Statute of 28 Edw. 1. Articuli super Chartas the scope of that Statute among other things being to provide for the better observing and maintaining of Magna Charta hath in it nevertheless two Savings for the King the one particular as I take it to preserve the ancient Prices due and accustomed as of Wines and of other goods the other general Seigniory of the Crown in all things To these two Savings besides the former Answers which