require of you by these Presents is Which we do promise in the name of Us our Heirs and Successors to repay to you or your Assigns within Eighteen moneths after the paiment thereof unto the Collector The person whom we have appointed to collect it is To whose hands we do require you to send it within Twelve days after you have received this Privy-Seal which together with the Collectors Acquittance shall be sufficient Warrant unto the Officers of our Receipt for the repaiment thereof at the time limited Given at c. The Collectors of this Loan were appointed to pay into the Exchequer the Sums received and to return the Names of such as discovered a disposition to delay or excuse the paiment of the Sums imposed Amidst the preparations for War with Spain the Privy-Council issued out Warrants for the disarming of Popish Recusants grounding their Order upon the Petition of the late Parliament HIs Majesty and we of his Council having received information from so many several parts of the bold and impudent spéeches used by many Romish Catholicks of this Realm declaring how much they are offended with the gracious satisfaction given by his Majesty to the Lords and Commons in Parliament in the points concerning the Conservation of true Religion as it is at this day by Authority preached in the Church of England And having just cause to doubt that many violent Papists through the instigation of Iesuited Priests may be inclined to take part with such as we well understand at this time practise with the Kings Subjects to raise stirs and tumults which they do not only foment by perswasions and instigations but with promise of assistance and seconding them with Arms their pretext being Religion but their ends Conquest pushed thereunto by an unlimited Ambition to a General Monarchy of which we have too large and clear proof And although we do not misjudge and condemn all his Majesties Subjects Romish Catholicks but believe that many of them will imploy their Arms and lives in his service Yet because we are not able to distinguish betwéen the well and worse-affected We have seconded with one Advice his Majesties Princely inclination following the example of his wiâ—e Predecessors of happy memory and government to take out of the possession of all Romish Recusants convicted or justly suspected according to the Acts of State heretofore expressed all such Martial Ammunitions Arms and Weapons as shall be found in their houses or discovered to be in the houses of any other persons belonging by right to any of the said Romish Recusants But so that the said Arms be only taken to be safely kept and the Property to be reserved to the Owners according to the former Presidents in like Cases This Design proceeded and the Council directed their Letters to these Lords Recusants viz. The Marquis of Winchester and the Lord St. John his son Lord Viscount Mountague Lord Viscount Colchester Lord Peter the Earl of Castlehaven Lord Morley Lord Vaux Lord Eures Lord Arundel of Warder Lord Tenham Lord Herbert Lord Windsor requiring them to render their Arms and Furniture thereunto belonging together with all their Habiliments of War to be removed into places convenient and to remain there till the King shall determine otherwise Moreover the Privy-Council having received information from the Lords-Lieutenants in divers parts of the Kingdom That there was great and unaccustomed Resort to the houses of Papists and that other Courses justly to be suspected were held among them Authorised the Lords-Lieutenants to examine the truth and reason of such Assemblies and Entertainment and of the conveyance and intercourse of Letters as also to enquire and search if there were any preparation of Men or Arms or Practice of Arms or endeavors of Alteration among persons discontented with the present Government In the mean time the Fleet was ready and Ten brave Regiments were designed for this Expedition The Duke not going in person Sir Edward Cecil was created Lord Viscount Wimbleton and made Commander in Chief In the Choice of the Officers for this service Sir Robert Mansel an experienced Sea-Commander was neglected which much disgusted the Mariners The Common Censure that passed both upon the Duke and this Enterprise may be known by the Lord Cromwels free language to the Duke in this Letter THey offer to lay wagers the Fleet goes not this year And that of necessity shortly a Parliament must be which when it comes sure it will much discontent you It is wondred at that since the King did give such great Gifts to the Duchess of Chevereux and those that then went how now a small Sum in the Parliament should be called for at such an unseasonable time And let the Parliament sit when it will begin they will where they ended They say the Lords of the Council knew nothing of Count Mansfield's Iourney or this Fleet which discontents even the best sort if not all They say it is a very great burden your Grace takes upon you since none knows any thing but you It is conceived that not letting others bear part of the burden you now bear it may ruine you which Heaven forbid Much discourse there is of your Lordship here and there as I passed home and back And nothing is more wondred at then that one Grave man is not known to have your ear except my good and Noble Lord Conway All men say if you go not with the Fleet you will suffer in it because if it prosper it will be thought no act of yours and if it succeed ill they say it might have been better had not you guided the King They say your undertakings in the Kingdom will much prejudice your Grace And if God bless you not with goodness as to accept kindly what in duty and love I here offer questionless my freedom in letting you know the discourse of the world may much prejudice me But if I must lose your favor I had rather lose it for striving to do you good in letting you know the talk of the wicked world then for any thing else so much I heartily desire your prosperity and to see you trample the ignorant multitude under foot All I have said is the Discourse of the World and when I am able to judge of Actions I will freely tell your Lordship my mind Which when it shall not always incline to serve you may all Noble thoughts forsake me But whilst the English Fleet was preparing for this Voyage great Reports were given out that the Spaniard would land Forces upon the Coast of Essex Wherefore the Earl of Warwick was commanded with Three thousand of the Trained Bands of Essex to secure the Port of Harwich and Langer-Point which service he performed with much readiness But upon the Blocking up of Dunkirk with Ships belonging to the English and to the States of the United Provinces his Lordship was ordered to dismiss his men Presently after Advertisements came to
of imprisoning of him by Warrants only under his own hand for which he cannot as the Earl conceiveth produce any sufficient Warrant IV. That by the space of Twelve moneths last past the said Lord Conway hath been the Cause of the Earls restraint only by misinforming his Majesty and procuring a Letter of restraint upon undue grounds And when it was made apparent unto him that the said Earl was restored to his liberty freely to follow his own affairs by his late Majesty of blessed memory he replied That that liberty given him by his Majesty expired with the Kings death V. That the Earl of Bristols Mother lying sick upon her death-bed desired for her comfort to see her Son and to give him her last blessing Whereupon the Earl wrote to the Lord Conway to desire him to move the King for his leave which he putting off from day to day told the person imployed That by reason of the Dukes sickness he could not find opportunity to get the Dukes leave to move the King And having spoken with the Duke he made a Negative answer in the Kings name Wherewith the Earl acquainting the King by some of his Bedchamber his Majesty was in a very great anger swearing the Secretary had never moved him and that to deny the said Earl leave was a barbarous part and thereupon sent him presently free leave which the Secretary hearing of sent likewise afterwards a Letter of leave but with divers clauses and limitations differing from the leave sent him from the Kings own mouth VI. That having the businesses of the Earl of Bristols in his hands and the Earl being commanded by the King to address himself in his occasions unto his Lordship He would never deliver any Message from the said Earl without acquainting the said Duke and receiving his directions and in a noble manner of freeness stuck not to send him word VII That the Earl of Bristol having received from the Lord Conway Twenty Interrogatories in his late Majesties name drawn up by a Commission of the Lords appointed to search into the Proceedings and Imploiments of the said Earl in which search there was more then two moneths spent divers of the said Interrogatories involving Felony and Teason And his Majesty having been pleased to assure the said Earl both by Message and Letters that upon satisfaction given to himself and the Commissioners by his Answers he would presently put an end to the Earl of Bristol's Businesse The Earl of Bristol having so fully answered as would admit of no reply and that many of the Commissioners declared themseves to be fully satisfied The said Lord Conway being the Secretary in the Commission to whom it properly belonged to call the Lords to assemble perceiving the Earl of Bristol was like to be cleared never moved for any further meeting neither have they ever been permitted to meet until this day whereby the troubles of the Earl of Bristol have been kept on foot till this present and the said Earls Imprisonment hath been enlarged Twenty moneths And by the Artifices of the said Duke of Buckingham and the said Lord Conway as shall be made appear the said Earl hath been insensibly involved and stauked into the troubles he is now in which he doubteth not but your Lordships will judge to be a very considerable Case VIII That for a colour of keeping the Earl from his late Majesties presence it being pretended after the Answer to the twenty Interrogatories that there were some few Questions more to be added whereunto when he should have answered his Majesty swore solemnly that without any delay he should be admitted to his presence and that within two or three dayes he should have the said Questions sent unto him the Lord Conway notwithstanding he acknowledged under his hand that he had received his Majesties directions for the sending of the said Articles and was often thereunto sollicited on the behalf of the said Earl would never send the said Questions and at last answered That he had no more to do with the Earls businesses IX That the Earl of Bristol being set free by his late Majesty to come to London to follow his own Affairs as he pleased and thereupon having his Writ of Parliament sent unto him without any Letter of Prohibition but the Earl of Bristol out of his great desire to conform all his actions to that which he should understand would best please his Majesty sent to know whether his going or stay would be most agreeable unto his Majesty who was pleased to answer by a Letter from my Lord Duke of Buckingham That he took in veâ—â— good part the said Earls respect unto him but wished him to make some excuse for the present The which accordingly he did and moved That he might have a Letter under the Kings hand to warrant his absence but under colour of this Letter of leave upon the Earl of Bristol's own motion and desire the Lord Conway sent a Letter from his Majesty absolutely forbidding his coming to Parliament and therein likewise was inserted a Clause That the Earl should remain restrained as he was in the time of his late Majesty and so thereby a colour of restraint under his Majesties hand was gotten which could never be procured in his late Majesties time whereby the Earl of Bristol hath been unduly restrained ever since without being able to procure any redress or to make the Lord Conway willing to understand his Case although he sent him all the Papers whereby he might clearly see that the Earl was not under restraint in his late Majesties time but never other Answer could be procured from him but That he judged the said Earl to be under restraint and that his Liberty was expired by the late Kings death as is aforesaid X. That the Lord Conway knowing that the Match for the marrying of the King of Bohemia's eldest Son with the Emperors Daughter and being bred in the Emperors Court was allowed and propounded by his late Majesty And that his Majesty by his Letters unto his Son-in-law declareth That he thinketh it the fairest and clearest way for the accommodation of his Affairs and that he will take sufficient care for his breeding in true Religion And notwithstanding that the said Earl received a Copy of the said Letter by the late Kings order with other Papers setting down all that had been done in the said business and his Majesties assent thereunto from the Lord Conway himself yet hath he suffered all to be charged as a crime against the Earl of Bristol both in the twentieth Interrogatory and in his Majesties last Letter that he should consent to the breeding of the young Prince in the Emperors Court And further in the Interogatory he alledgeth it as an aggravation against the said Earl That the breeding of the said Prince in the Emperors Court inferred to the perversion of his Religion when he knew that his said breeding was never thought nor spoken of by the
likewise besides his Charge That he brake off ambiguously and abruptly with a Sentence of Cicero as if something else might be which was not yet discovered Sir Iohn Elliot thanked the Vice-Chamberlain for dealing so plainly with him and giving him occasion to clear himself And to the particular charged against him he answered First considering the Dukes plurality of great and different Offices together with his deceit and fraud in perswading the Merchants to go to Diep there to entrap them in colouring the Designs to the King which he had plotted to serve against those of his Religion in abusing the Parliament at Oxford and disguising his purpose as if the ships were to go to Rochel These particulars being so various and of such a nature he called by the name of Stellionatus from a beast discoloured uncertain and doubtfull that they knew not by what name to call it or by what colour to describe it and these he called a Character of the minde because they lie in the heart and were deceits to abuse the King and Parliament Secondly as to his saying He knew not the ships were come he answered he did not know it then and as yet he knew it not though it was true that he had heard it Thirdly he denied not that speaking of the Duke he sometimes used this word that man though at other times he was not wanting to give him his due titles and said That the Latines speaking of Caesar call him Ille Caesar and that the same is usual in all Languages nor did he think the Duke to be a God Fourthly he conâ—â—ssed That he paralleled him with the Bishop of Ely and Sejanus and though there were many particular censures of that Bishop yet he produced none but such as were within the compass of his Charge nor did he apply the Veneries and Venefices of Sejanus to the Duke but excluded them Lastly touching the Physick of the King he said he brake off so abruptly in aggravation of the Dukes offence who not content with the injury of Justice the wrong of Honor the prejudice of the State nor that of the Revenue his attempts go higher even to the person of the King making on that his practice in such a manner to such an effect that he said he feared to speak nay he doubted to think in which regard he left it as Cicero did another thing Ne gravioribus c. It was then resolved on the Question That Sir Iohn Elliot hath not exceeded the Commission given him in any thing that passed from him in the late Conference with the Lords The like for Sir Dudley Diggs both passed without a Negative the like Vote did pass for Mr Selden Mr Herbert Mr Glanvile Mr Sherland Mr Pym and Mr Wandesford who were also managers at that Conference The King in the time of this Parliament had committed the Earl of Arundel to the Tower but the cause of his Commitment was not expressed yet it was conceived to be about the Marriage of the Lord Maltravers the Earls eldest son to the young Duke of Lenox his sister which was brought about by the contrivance of the Countess of Arundel and the old Dutchess of Lenox The Lords were highly discontented at his commitment in time of Parliament concerning whose Liberties and their own Priviledges they had presented several Petitions to his Majesty but receiving no satisfactory answer thereto agreed on this ensuing Petition occasioned by the release of Sir Dudley Diggs May it please your Majesty THe cause that moves us now to attend your Majesty as at first we did is because we observe that the House of Commons have speedily received a Member of theirs who was committed We the Peers ambitious to deserve of your Majesty and to appear to the eye of the world as much respected in our Rights and Priviledges as any Peers or Commons have ever been acknowledging you a King of as much goodness as ever King was do now humbly beseech that the Earl of Arundel a Member of our House may be restored to us it so much concerning us in point of Priviledge that we all suffer in what he suffers in this Restraint In March last when the Earl of Arundel was committed the House of Lords purposed to take the same into their considerations and so to proceed therein as to give no just cause of offence to his Majesty and yet preserve the Priviledges of Parliament The Lord Keeper of the Great-Seal thereupon signified unto the House that he was commanded to deliver this Message from his Majesty unto their Lordships viz. That the Earl of Arundel was restrained for a misdemeanor which was personal to his Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament Whereupon the House was put into a Committee and being resumed The Lords Committees for Priviledges c. were appointed to search for Presidents Concerning the commitment of a Peer of this Realm during the time of Parliament and the Lord Chief Justice Mr Justice Doderidge and Mr Justice Yelverton were appointed to attend their Lordships in that behalf The day following the Lord Teasurer delivered another Message from the King in haec verba WHereas upon a Motion made by one of your Lordships the Lord Keeper did yesterday deliver a Message from his Majesty that the Earl of Arundel was restrained for a misdemeanor which was personal to Majesty and lay in the proper knowledge of his Majesty and had no relation to matters of Parliament His Majesty hath now commanded him to signifie to your Lordships that he doth avow the Message in sort as it was delivered to have been done punctually according to his Majesties own Direction and he knoweth that he hath therein done justly and not diminished the Priviledges of that House And because the Committee appointed yesterday to search for Presidents c. had not yet made any Report to the House therefore the directions for this business were suspended for that time Not long after the Earl of Hertford made report to the House That the Lords Committees for Priviledges met on Monday last The first Question that arose amongst them was Whether those Proxies were of any validity which are deputed to any Peer who sitteth not himself in Parliament And it was conceived that those Votes were lost Whereupon the Committee found this House to be deprived of five suffrages by the absence of the Earl of Arundel unto whom they were intrusted And the Committee finding by the Journal Book that the Sub-Committee which was appointed to â—earch Presidents for Priviledges concerning the Commitment of a Peer in the time of Parliament had not yet made report to the House and then considering together their Notes of Presidents whereof they had made search found That no one Peer had been committed the Parliament fitting without trial of Judgement of the Peers in Parliament and that one only President of the Bishop of Winchester
and other Lands to the said Title of Earl of Arundel 11. An Act to assure the Joynture of the Lady Francis Nevil and to enable the Lord Abergavenny to sell Lands 12. An Act concerning the Lands of William Earl of Devon 13. An Act to confirm the Estates of the Lord Morlies Tenants in Tatham and Gressingham 14. An Act for reestating of Lands of William Morgan Esq and discharging the trust concerning them 15. A Declararation of the Commons against Doctor Manwaring 16. An Act to enable Dutton Lord Gerrard to make a Joynture to any Wife that he shall hereafter marry and to provide for younger children and the securing of Portions for Alice Frances and Eliz. Gerrard sisters of the said Lord Gerrard 17. An Act for restitution in blood of Carew Rawleigh Esq and to confirm Letters Patents made to the Earl of Bristol by King James 18. An Act for the Naturalizing of Isaac Ashley Henry Ashley Thomas Ashley and Bernard Ashley sons of Sir Jacob Ashley Knight 19. An Act for Naturalizing of Samuel Powel 20. An Act for the naturalizing of Alexander Levingston Gent. 21. An Act for the naturalizing of John Trumbal and of William Beere Edward Beer and Sidney Beere and Samuel Wentworth 22. An Act for the amendment of a word miswritten in an Act made An. 21. Iac. R. to enable Vincent Lowe Esq. to sell Lands c. 23. An Act for naturalizing of Sir Robert Ayton Knight 24. An Act for confirmation of Letters Patents made by King James to John Earl of Bristol 25. An Act for naturalizing of John Aldersey Mary Aldersey Anne Aldersey Eliz. Aldersey and Margaret Aldersey c. 26. An Act for the naturalizing of Daniel Delingue Knight 27. An Act for the naturalizing of Sir Robert Dyel Kt. and George Kirk Esquire 28. An Act for the naturalizing of James Freese In the Interval between the two Sessions there happened many remarkable passages DOctor Manwarings Sermons intituled Religion and Allegiance were suppressed by Proclamation the King declaring that though the grounds thereof were rightly laid to perswade obedience from Subjects to their Sovereign and that for conscience sake yet in divers passages inferences and applications thereof trenching upon the Laws of this Land and proceedings of Parliaments whereof he was ignorant he so far erred that he had drawn upon himself the just censure and sentence of the High Court of Parliament by whose judgement also that Book stands condemned Wherefore being desirous to remove occasions of scandal he thought fit that those Sermons in regard of their influences and applications be totally suppressed Then a Proclamation came forth declaring the Kings pleasure for proceedings with Popish Recusants and directions to his Commissioners for making compositions for two parts of three of their Estates which by Law were due to his Majesty neverthelesse for the most part they got off upon easie tearms by reason of compositions at undervalues and by Letters of Grace and protection granted from time to time to most of the wealthiest of them This was seconded with another Proclamation commanding that diligent search be made for all Priests and Jesuites particularly the Bishop Calcedon and others that have taken Orders by authority from the See of Rome that they be apprehended and committed to the Goale of that County where they shall be found there to remaine without Bayle or Mainprize till they be tryed by due course of Law and if upon trial and conviction there shall be cause to respit the execution of any of them they shall not lie in the Common Goals much lesse wander about at large but according to the example of former times be sent to the Castle of Wisbitch or some other safe prison where they shall remain under strait and close custody and be wholly restrained from exercising their function and spreading their superstitious and dangerous doctrines Hereupon the Privy Councel wrote to the Bishop of Ely a Letter of the tenour following WHereas his Majestie hath beene informed that the Romish Priests Jesuites and Seminaries lurking in this Kingdome do obstinately and maliciously continue their wonted practises to supplant the true Religion established and to seduce his people from obedience stirre up sedition and subvert the State and Government so far as it lieth in their power his Majesty hath therefore commanded us to signifie unto your Lordship that it is his expresse will and pleasure according to his Declaration in Parliament and his Royal Proclamation since published you shall forthwith prepare and make ready the Castle of Wisbitch in the Isle of Ely to receive and lodge all such Priests Jesuites and Seminaries and other prisoners as shall be hereafter sent thither and there treat and governe them according to such instructions and directions as shall be prescribed by this board The Jesuites taken in Clarken-well being then in several prisons it was ordered by the Councel they should all be removed to Newgate and such of them as were not as yet convicted and condemned should be proceeded against untill they were condemned and then that they all should be sent to the Castle of VVisbitch according to the Proclamation in that behalf and the Attorney General was required to take course to entitle the King to the goods taken in the house which was designed for a Colledge and accordingly they were proceeded against and but onely one convicted which proceeding was questioned in the ensuing Session of Parliament And upon Information that there was a greater concourse of Recusants in or near London then had been usual at other times the Privy Councel sent to the Lord Mayor to require him to cause diligent search to be made within the City and Liberties thereof and to finde out what Recusants did inhabit or remaine there as House-keepers Inmates or Lodgers or in any manner and to return a certificate to the board both of their names and qualities distinguishing which were Trades-men that were there by occasion of their Trades according to to the Statute in that behalf and which were of no Trade but resorted thither from other parts of the Kingdom Iuly 15. being St. Swithins day Sir Richard VVeston Chancellor of the Exchequer was made Lord Treasurer of England and the same day was Bishop Laud translated to the Bishoprick of London About the same time Master Montague formerly mentioned was designed to the Bishoprick of Chichester upon the decease of Bishop Carleton Neverthelesse his Appello Caesarem was thought fit to be called in the King declaring that out of his care to maintain the Church in the unity of true Religion and the bond of peace to prevent unnecessary disputes he had lately caused the Articles of Relgion to be reprinted as a rule for avoiding diversities of opinions and considering that a Book written by Richard Montague now Bishop of Chichester intituled Apello Caesarem was the first cause of those disputes and differences which since have much troubled the quiet
see his Children dispossessed of their Hereditary Rights and hopes his Son in Law will make Overtures of Peace which if slighted by the Emperor he will not lose the season to prepare for the defence of the Palatinate But if his Son will not hearken to his advice he shall be inforced to leave him to his proper Counsels Notwithstanding this open wary and tender proceeding with all care and patience to observe the Spanish humors our State Ministers that were most addicted to Spain discerned their trifling with us which they did not spare to censure and resolved to use a freer Language yet still discovered a willingness to wait their further leisure for the English Patience seemed invincible In the mean time the Privy Council having an eye to the support of the Palatinate began the raising of Moneys by way of free gift and directed Letters of the tenor following to divers Earls Viscounts Bishops and Barons the same Letter being sent to each respectively YOu may formerly have heard how the Palatinate being the ancient Heritage of the Count Palatine his Majesties Son in Law and to discend to his Majesties Grand-children is now invaded by a Foreign Enemy many principal Towns are surprised a great part of the Countrey in the possession of strangers and the inhabitants forced to take an Oath against their Natural Prince Whereupon his Majesty out of considerations of Nature Honor and State hath declared himself in the course of an Auxiliary War for the defence and recovery of the same the occasion being so weighty and pressing hath moved his Majesty by the general advice of us his Council to think of some course for provision of that nature as may serve as well to the maintenance and preserving of the present succors already sent as for the reinforcing them out of those Countries as the occasion of the War shall require And for that the swiftness of the occasion would not permit a supply by other means for the present so readily as was needful we have all concurred to begin with our selves in offer of a voluntary gift unto his Majesty for the advancement of the present occasion nothing doubting but that your Lordship being a Peer of the Kingdom will chearfully and readily follow the example of us begun And if there were much alacrity and readiness found in the Nobility and others to contribute at the motion of his Majesties Sons Ambassador at what time the Palatinate was not invaded neither had his Majesty declared himself you will much more and in a better proportion do it now these two weighty Motives do concur and so nothing doubting of your Lordships readiness herein we bid c. To the Marquess of Winchester To the Earl of Cumberland To the Earl of Darby To the Earl of Northumberland c. Also a Letter of the same form was written to the Lord Major of London But the short Reign of King Frederick was near its period The Imperial Forces under Bavaria Buquoy and D. Balthazar advance towards Prague and the Bohemians quit their Garrisons to make their Army the more compleat Yet neither Count Mansfield nor the English Forces were there On the Eighth day of November being the Lords day both Armies met for the fatal decision of the great Controversie The Bohemians stood upon the advantage-ground betwixt the Imperialists and Prague But the Enemy breaking through scattered and ruined their whole Army and pursued the Victory The King and Queen surprised with this Discomfiture among a wavering people in a City not very defensible were constrained to â—lie the next morning Diminution of Honor was added to the Calamity of this Prince because he suffered his Soldiers to mutiny for Pay when he had a mass of Money by him which was left behind to augment the Enemies Conquest Neither was Anhalt the General a fit person for the high trust reposed in him who not long after the Defeat sought and obtained the Emperors favor and was made one of his Generals to debel the Protestant cause and party But Count Mansfield whom Anhalt slighted and closed not with him to bring him up to this Fight made good his fidelity and with his Flying Army became a continual vexation to the Emperor harasing his Countries and forcing Contribution King Iames upon the news of the Palsgrave's overthrow and upon a Narration of the state of Affairs in those parts made unto His Majesty by the Earls of Oxford and Essex newly returned from the Palatinate was pleased to call a full Council together to consider of this great and weighty affair The Order ensuing relates the particulars At the Court at Whitehall Jan. 13. 1620. Present Lord Archbishop of Canterbury Lord Chancellor Lord Treasurer Lord Privy Seal Lord Steward Lord M. Hamilton Lord Chamberlain Earl of Arundel Earl of Kelly Lord V. Doncaster Lord V. Falkland Lord Carew Lord Digby Mr. Treasurer Mr. Secr. Naunton Mr. Secr. Calvert Mr. Chanc. of the Exchequer Master of the Rolls Master of the Wards HIs Majesty being resolved to make some Royal preparations for the Recovery and Protection of the Palatinate being the antient Inheritance of his Majesties Son in law and Grandchildren did in his high wisdom think méet to appoint some persons of knowledge and experience in the Wars to consider of and give their Advice in such Propositions as shall be made unto them by the Board for the better expediting of that service To which purpose the Earl of Oxford and the Earl of Essex the Earl of Leicester the Lord Uiscount Wilmot the Lord Danvers the Lord Calfield Sir Edward Cecyl Sir Richard Harrison Knights and Captain Danbingham were called to the Table and made acquainted with His Majesties pleasure That they or any Five or more of them together with Sir Horace Vere and Sir Edw. Conway Knights if they return into England while this Committee doth continue shall undertake this service and have their méetings and assemblies in the whole Council-chamber here in Whitehall touching the affairs above-mentioned And that for their better assistance they call unto them such others of experience whose advice and opinion they shall think fit to make use of in their several Consultations upon such things as shall be so referred unto them from the Board Which they are to prosecute without intermission or delay And they shall make Report of their Opinions which is to be done in writing under Five of their hands at least The Particulars offered to their Consideration are these First What proportion or number of men as well Horse as Foot with Munition Victuals Shipping and Treasure will be sufficient for that Enterprise And secondly By what time it will be meet that their Forces be in readiness And where the Arms Munition and Victuals may best be provided with such other Circumstances as are incident to any of these Heads For the better direction herein Mr. Secretaries will acquaint them with such Intelligences as they have received touching 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
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
complained of and what punishment it may deserve His fault consisteth in the unjust extorting and receiving the Ten thousand pounds from the East-India Company against their wills by colour of his Office Yet as offenders in this kinde have commonly some colour to disguise and mask their Corruptions so had he His colour was the Release of his pretended right to the Tenth part or some other share of the Goods supposed to be Piratically taken at Sea by the Captain and their Servants of the Company And though his Lordship may perhaps call his act therein a lawful Composition I must crave pardon of your Lordships to say thus That if his supposed right had been good this might peradventure have been a fair Composition The same pretence being unsound and falling away it was a meer naked Bribe and unjust extortion For if way should be given to take money by colour of Releases of pretended rights men great in power and in evil would never want means to extort upon the meaner sort at their pleasures with impunity It remains therefore that I should prove unto your Lordships onely two things First That a pretence of right by the Duke if he had none will not excuse him in this case and in the next place to shew by reason and good warrant That he had in Law no right at all to Release For the former I will relie upon the substance of two noteable presidents of Judgments in Parliament the one antient in the 10 Rich. 2. At which time the Commons preferred divers Articles unto the Lords in Parliament against Michael de la Pool Earl of Suffolk Lord Chancellor of England accusing him amongst other things by the first Article of his Charge That while he was Lord Chancellor he had refused to give Livery to the cheif Master of St. Anthonies of the profit pertaining to that Order till he had security from them with Sureties by Recognisance of Three thousand pounds for the payment of One hundred pounds per annum to the Earl and to Iohn his Son for their lives The Earl by way of Answer set forth a pretended Title in his Son to the cheif Mastership of that Order and that he took that One hundred pound per annum as a Composition for his Sons right The Commons replied shewing amongst other things That the taking of Money for that which should have been done freely was a selling of the Law and so prayed Judgment In conclusion the pretended right of his Son not being just or approved the offence remained single by it self a sale of Law and Justice as the Law termeth it and not a Composition for the Release of his Interest So the Earl for this amongst the rest was sentenced and greatly punished as by the Records appeareth The other President of like nature is more Modern in the Case of the Earl of Middlesex late Lord Treasurer of England who was charged by the Commons in Parliament and transmitted to your Lordships for taking of Five hundred pounds of the Farmers of the Great Customs as a Bribe for allowing of that Security for payment of their Rent to the late Kings Majesty which without such reward of Five hundred pounds he had formerly refused to allow of The Earl pretended for himself That he had not onely that Five hundred pound but Five hundred pounds more in all One thousand pounds of those Farmers for a Release of his Claim to Four of Two and thirty parts of that Farm But upon the proof it appearing to your Lordships That he had not any such part of that Farm as he pretended it was in the Thirteenth day of May in the Two and twentieth year of his late Majesties reign Adjudged by your Lordships in Parliament which I think is yet fresh in your Memories That the Earl for this amongst other things should undergo many grievous Censures as appeareth by the Records of your Lordships house which I have lately seen and perused And now being to prove that the said Duke had no title to any part of the Goods by him claimed against the East-India Company I shall easily make it manifest if his Lordships pretence by his own Allegation in the Admiralty were true That the Goods whereof he claims his share were Piratically taken From which Allegation as he may not now recede so is it clear by Reason and Authority That of such Goods no part or share whatsoever is due to the Lord Admiral in right of his Office or otherways 1. For that the parties from whom the same were taken ought to have restitution demanding it in due and reasonable time and it were an injury to the intercourse and Law of Nations if the contrary should be any way tolerated 2. Secondly by Law for so are the Statutes of this Kingdom and more especially in 27 Edw. 3.13 whereby it was provided That if any Merchant privy or stranger be robbed of his Goods upon the Sea and the same come afterwards into this Realm the owner shall be received to prove such Goods to be his and upon proof thereof shall have the same restored to him again Likewise 1 2 3 Edw. 6.18 in the Act of Parliament touching Sir Thomas Seymour Great Admiral of England who therein amongst divers other things is charged with this That he had taken to his own use Goods Piratically taken against the Law whereby he moved almost all Christian Princes to conceive a grudge and displeasure and by open War to seek remedy by their own hands And therefore for this amongst other things he was attainted of High Treason as appeareth by that Act wherein the Law is so declared to be as before is expressed But if it should be admitted that the Duke had a right in this case for which he might compound yet the manner of his seeking to try and recover such his right is in it self an high Offence and clearly unlawful in many respects whereof I will touch but a few As in making the most Honorable House of Parliament an Instrument to effect his private ends for his profit In proceeding to arest and stay the Ships of men not apt to flie but well able to answer and satisfie any just Suits which he might have against them though their Ships had gone on in their Voyage In prosecuting things so unseasonably and urging them so extreamly by his Advocate for bringing in of so great a sum of money upon the sudden and formally under colour of Justice and Service of the State In reducing that Company into that straight and necessity that it was as good for them to compound though the Duke had no title as to defend their own just right against him upon these disadvantages which by his power and industry he had put upon them Then he read the Seventh and Eighth Articles which he handled joyntly as being not two Charges but two sevearl parts of one and the same Charge and when he had read them he went on speaking further to
Tenants and therefore they are called by Bracton Robur Belli how can we now expect the like from such as have no Tenants and are hardly able to maintain themselves But this is not all for the prejudice grows not primitively by defect of that assistance which they might give the State but positively they have been a great burthen to the Kingdom by Gifts and Pensions already received and yet stand in need of more for the future support of their Dignities This makes the Dukes offence the greater that in this weakness and consumption of the Commonwealth he hath not been contented alone to consume the qublick Treasure which is the blood and nourishment of the State but hath brought in others to help him in this work of destruction And that they might do it more eagerly by inlarging their Honors he hath likewise inlarged their Necessities and their Appetites He did second his Charge with two Presidents the first 28 Henry 6. in the Complaint against the Duke of Suffolk in the One and thirtieth Article of that Complaint this was one of his Charges That he William de la Pool Duke of Suffolk had procured one who had married his Niece to be made Earl of Kendal and obtained for him One thousand pounds per annum in the Dutchy of Guienne and yet this Party was the Son of a Noble and well deserving Father So you see this is no new thing for the House of Commons to complain that those that are neer the King should raise their Kindred to an unnecessary Honor and if that were worthy of punishment for advancing of one then what punishment is he worthy of that hath advanced so many The second President is 17 Edw. 4. There passed an Act of Parliment for the Degrading of Iohn Nevil Marquis Montague and Duke of Bedford the reason expressed in the Act is because he had not a Revenue sufficient for the maintaining of that Dignity to which is added another reason of that nature that when men of mean birth are called to a high Estate and have not livelihood to support it it induceth great poverty and causeth briberies and extortions imbraceries and maintenance And now my Lords how far these Reasons shall lead your Judgements in this Case I must leave it to your Lordships Then he read the Twelfth Article being the second part of his Charge the Title whereof was The Exhausting Intercepting and Misimploying the Kings Revenues My Lords This Article consists of several Clauses which in some respects may be called so many distinct Charges for though they all tend to one end and scope the diminishing the Kings Treasure yet it is by divers wayes so that every Clause is a particular Branch Therefore he desired to break it into parts and to select the most material either in point of offence or grievance intenâ—ing to pass through them with this order first to declare the state of the proof and then to add such reasons and inforcements as he did conceive most conduceable to that Judgement which the Commons were to expect from their Lorships He made two main Branches of this Article The first concerns Lands obtained from the Crown the second concerns Money in Pensions Gifts Farms and other kinde of profit Touching the Lands he observed four Things 1. The sum of Three thousand thirty five pounds per annum of old Rent besides the Forest of Layfield of which we have no value and we can finde no Schedule granted by the late King to my Lord of Buckingkham within ten years past as appeareth by the several Grants vouched in the Schedule annexed and it was in it self a great grievance That in a time of such necessity when the Kings Revenues are not able to support such a great charge that so much Land should be conveyed to a private man This he acknowledged was not the Dukes case alone for others had received divers Grants from the King but none in so great measure And because the Commons aim not at Judgement onely but at Reformation he wished That when the King should bestow any Land for support of Honors that the caution which was wont to be carefully observed might again return into use that is to annex those Lands to the Dignity lest being obtained and wasted the Party repair to the King for a new support by which provision the Crown will reap this Benefit That as some Lands go out by new Grants others will come in by spent Intails He said he would not trouble their Lordships with repetition of the Laws heretofore made for preventing the alienation of the Kings Lands and for resuming those that had been alienated nor of the Ordinances made in this high Court for the same purpose and Fines set upon those that presumed to break such Ordinances he onely added as a further enforcement of the Grievance That when the Kings Revenues be unable to defray publick necessities the Commons must needs be more burthened with Supplies 2. His second Point was the unusual Clauses which the Duke by his greatness hath procured to be inserted into the Warrants for passing of those Lands of which two were mentioned the first That the casual profits should not be rated in the particulars the second That all Bailiffs Fees should be reprised Both which are to be proved by the Warrants remaining with the Auditor of the Rates and other Auditors whereupon he presented these Considerations First That it was a mark of Ingratitude and Insatiableness in the Duke thus to strain the Kings Bounty beyond his intention and that he would not receive this Bounty by the ordinary way but by the way of Practice Secondly It argued Unfaithfulness in him that being a sworne Counsellor he should put the King into such Courses of so much prejudice deceitfully in concealing the value of that which he bought so that the King gave he knew not what For under the proportion of Two thousand pounds he gives it may be Four thousand pounds And by this the King did not only sustain great loss for the present but it opened a way of continual loss which hath ever since been pursued by all those who have passed Lands from the Crown Thirdly The King is hereby not left Master of his own Liberality neither in proportion nor certainty for it might so fall out that the Quantity passed from him might be treble to that he intended 3. The third was The Surrender of divers Parcels of these Lands back to the King after he had held them some years and taking others from the King in exchange Where he noted That the best of the Lands and most vendible being passed away the worst lay upon the Kings hand that if he shall have occasion to raise money by sale of Lands that Course is not like to furnish him Besides that in the mean time betwixt the Grants and the Surrenders opportunity was left to the Duke to cut down Woods to infranchise Copiholds to make long Leases and yet