what the cause is then in any other The fourth of these is in the time of Queen Mary It is Pasche 2. and 3. Phil. and Mar. Rot. 58. Overtons case Richard Overton was returned upon a habeas Corpus directed to the Sheriffs of London to have been committed to them and detained per mandatum prenobilium virâ—râ—m honorabilis Concilii Dominorum Regis Regina Qui committitur Marescallo c. immediate traditur in ballium In answer to this President or by way of objection against the force of it hath been said that this Overton stood at that time indicted of Treason It is true he was so indeed but that appeares in another Roll that hath no reference to the Return as the Return hath no reference to that Roll. Yet they that object this against the force of this President say That because he was indicted of Treason therefore though he was committed by the command of the Lords of the Councell without cause shewed yet he was bailable for the Treason and upon that was here bailed Then which Objection nothing can be or is more contrarie to Law or common Reason It is most contrarie to Law for that cleerly every Return is to be adjudged by the Court out of the body of the Writ it self not by any other collaterall or forrain Record whatsoever Therefore the matter of Indictment here cannot in Law be cause of the bailing of the Prisoner And it is so adverse to all common Reason that if the objection be admitted it must of necessity follow that whosoever shall be committed by the King or the Privie Councell without cause shewed and be not indicted of Treason or some other offence may not be inlarged by reason of the supposition of matter of State But that whosoever is so committed and withall stands so indicted though in another Record may be inlarged whatsoever the matter of State be for which he was committed The absurdity of which assertion needs not a word for further confutation as if any of the Gent. in the last Judgement ought to have been the sooner delivered if he had been also indicted of Treason Certainly if so Traitours and Fellons had the highest priviledges of personall Liberty and that above all other Subjects of the Kingdome The first of this first kind is of Queen Marie's time also It is Pasche 4. 5. P. M. Rot. 45. the Case of Edward Newport He was brought into the Kings Bench by habeas Corpus out of the Tower of London cum causa viz. Quod commissus fuit per mandatum Conciliorum Dominae Reginae Qui committitur Marr. c. et immediate traditur in ballium To this the like kind of answer hath been made as in that other Case of Overton next before cited They say that in another Roll of another Terme of the same year it appears he was in question for suspicion of Coyning And it is true he was so But the Return and this Commitment mentioned in it have no reference to any such offence nor hath the Bailment of him relation to any thing but to the absolute Commitment by the Privie Councell So that the answer to the like objection made against Overton's Case satisfies this also The sixth of these is of Q. Elizabeth's dayes It is Mich. 9. Eliz Rot. 35. the Case of Thomas Lawrence This Lawrence came in by habeas Corpus returned by the Sheriffs of London to be detained in prison per mandatum Concilii Dominae Reginae Qui committitur Marescallo c. super hoc traditur in ballium An Objection hath been invented against this also It hath been said that this man was pardoned and indeed it appeares so in the margent of the Roll where the word pardonatur is entred But cleerly his enlargement by Baile was upon the Bodie of the Return only unto which that Note of Pardon in the Margent of the Roll hath no relation at all And can any man think that a man pardoned for what offence soever it be might not as well be committed for some Arcanum or matter of State as one that is pardoned The seventh of these is in the same yeare and of Easter Terme following It is Pasche 9. Eliz. Rot. 68. Robert Constable's Case He was brought by habeas Corpus out of the Tower and in the Return it appeared he was committed per mandatum privati Concilii dict Dominae Reginae Qui committitur Marr. postea isto eodem Termino traditur in ballium The like Objection hath been made to this as to that before of Lawrence but the self same Answer cleerly satisfies for both of them The eighth is of the same Queens time in Pasche 20. Eliz. Rot. 72. Iohn Browning's Case This Browning came by habeas Corpus out of the Tower whether he had been committed was returned to have been committed per privatum Concilium Dominae Reginae Qui committitur Maresc Et postea isto eodem Termino traditur in ballium To this it hath been said That it was done at the chief Justice Wraye's Chamber and not in Court and thus the authoritie of the President hath been lessened and sleighted If it had been at his Chamber it would have proved at least thus much That S r Christopher Wraye then chief Justice of the King's Bench being a grave learned and upright Judge knowing the Law to be so did baile this Browning and so enlarge him And even so farre were the President of value enough But it is plain that though the habeas Corpus were returnable indeed as it appeares in the Record it self at his Chamber in Serjeant's Inne yet he only committed him to the Kings Bench presently and referred the consideration of enlarging him to the Court who afterwards did it For the Record saith Et postea isto eodem Termino traditur in ballium which cannot be intended of an enlargement at the chief Justice his Chamber The ninth of this first kind is in Hill 40. Eliz. Rot. 62. Edward Harecourts Case He was imprisoned in the Gate-house and that per Dominos de private Concilio Dominae Reginae pro certis causis eos moventibus et ei ignotis and upon his habeas Corpus was returned to be therefore only detained Qui committitur Marr. c. Et postea isto eodem Termino traditur in ballium To this never any colour of answer hath been yet offered The tenth is Catesbies Case in the Vacation after Hillary Terme 43. E. Rot. 37. Robert Castesby was committed to the Fleet per warrant diversorum prenobilium virorum de private Concilio Dominae Reginae He was brought before Justice Fennor one of the Judges of the Kings Bench by habeas Corpus at Winchester House in Southwark commissus fuit Marr. per praesat Edw. Fennor statim traditur in ballium The eleventh is Richard Beckwith's Case which was in Hillary 12. of King Iames R. 153. He was returned upon his habeas Corpus to have
Common Law for there are also divers Jurisdictions in this Kingdom which are also so reckoned the Law of the Land As in Kendrick's Case in the report fol. 8. the 1. Ecclesiastical Law is held the Law of the Land to punish Blasphemies Schismes Heresies Simony Incest and the like for a good reason there rendred viz. That otherwise the King should not have power to do Justice to his Subjects in all Cases nor to punish all Crimes within his Kingdom The Admiral 's Jurisdiction is also Lex terrae for things done upon the Sea but if they exceed their Jurisdiction a prohibition is awarded upon the Statute of null us liber homo by which appears that the Statute is in force as we have acknowledged The Martial likewise though not to be exercised in times of peace when recourse may be had to the Kings Courts yet in times of invasion or other times of Hostility when an Army Royal is in the field and offences are committed which require speedy reformation and cannot expect the solemnity of legal Trials then such imprisonment execution or other Justice done by the Law Martial is Warrantable for it is then the Law of the Land and is Ius gentium which ever serves for a supply in the defeat of the Common Law when ordinary proceeding cannot be had And so it is also in the case of the Law of the Merchant which is mentioned 13. E 4. fol. 9. 10. where a Merchant stranger was wronged in his goods which he had committed to a Carrier to convey to Southampton and the Carrier imbezelled some of the goods for remedy whereof the Merchant sued before the Councel in the Star-Chamber for redress It is there said thus Merchant strangers have by the King safe conduct for coming into this Realm therefore they shall not be compelled to attend the ordinary Trial of the Common Law but for expedition shall sue before the Kings Councel or in Chancery de die in diem de hâ—râ in horam where the Case shall be determined by the Law of Merchants In the like manner it is in the Law of State when the necessity of State requires it they do and may proceed to natural equity as in those other Cases where the Law of the Land provides not there the proceeding may be by the Law of natural equity and infinite are the Occurrences of State unto which the Common Law extends not And if these proceedings of State should not also be accounted the Law of the Land then we do fall into the same inconveniency mentioned in Cawdries Case that the King should not be able to do Justice in all Cases within his own Dominions If then the King nor his Councel may not Commit it must needs follow that either the King must have no Councel of State or having such a Councel they must have no power to make Orders or Acts of State Or if they may they must be without means to compell obedience to those Acts and so we shall allow them Jurisdiction but not compel obedience to those Acts but not correction which will be then as fruitless as the Command Frustra potentia quae nunquam redigitur in statutum Where as the very Act of Westminster first shews plainly that the King may commit and that his commitment is lawfull or else that Act would never have declared a man to be irreprieveable when he is committed by the Command of the King if the Law-makers had conceived that his commitment had been unlawfull And Divine truth informs us that the Kings have their power from God the Psalmist calling them the children of the most High which is in a more special manner understood then of other men for all the Sons of Adam are by election the Sons of God and all the Sons of Abraham by recreation or regeneration the Children of the most High in respect of the power which is committed unto them who hath also furnished them with ornaments and arms fit for the exercising of that power and hath given them Scepters Swords and Crowns Scepters to vestitute and Swords to execute Laws and Crowns as Ensigns of that power and dignity with which they are invested shall we then conceive that our King hath so far transmitted the power of his Sword to inferiour Magistrates that he hath not reserved so much Supream power as to commit an Offender to prisonâ— 10. H. 6. fol. 7. It appears that a Steward of a Court Leet may commit a man to prison and shall not the King from whom all inferior power is deduced have power to commit We call him the fountain of Justice yet when these streams and rivolets which flowe from that Fountain come fresh and full we would so far exhaust that Fountain as to leave it dry but they that will admit him so much power do require the expression of the cause I demand whether they will have a general cause alleadged or a special if general as they have instances for Treason Fellony of for Contempt for to leave fencing and to speak plainly as they intend it If loan of money should be required and refused and thereupon a commitment ensue and the cause signified to be for a contempt this being unequal inconvenience from yielding the remedy is sought for the next Parliament would be required the expression of the particular cause of the commitment Then how unfit would it be for King or Councel in Cases to express the particuler Cause it s easily to be adjudged when there is no State or pollicy of government whether it be Monarchal or of any other frame which have not some secrets of State not communicable to every vulgar understanding I will instance but one If a King imploy an Ambassadour to a Forreign Countrey of States with instructions for his Negotiation and he pursue not his instructions whereby dishonour and dammage may ensue to the Kingdom is not this commitment And yet the particuler of his instruction and the manner of his miscarrying is not fit to be declared to his Keeper or by him to be certified to the Judges where it is to be opened and debated in the presence of a great audience I therefore conclude for offences against the State in Case of State Government the King and his Councel have lawfull power to punish by imprisonment without shewing particular cause where it may tend to the disclosing of State-Government It is well known to many that know me how much I have laboured in this Law of the Subjects Liberty very many years before I was in the Kings service and had no cause then to speak but to speak ex animo yet did I then maintain and publish the same opinion which now I have declared concerning the Kings Supream power in matters of State and therefore can not justly be centured to speak at this present onely to merit of my Master But if I may freely speak my own understanding I conceive it to be a question too high to
and Commission whereby it may be executed I have here in my hand delivered unto me by a Noble Gentleman of that Nation and a worthy Member of this House Sir Francis Stuart To conclude although Christianity and Religion be established generally throughout this Kingdom yet untill it be planted more particularly I shall scarce think this a Christian Common-wealth seeing it hath been moved and stirred in Parliament it will lye heavy upon Parliaments untill it be effected Let us do something for God here of our own and no doubt God will bless our proceedings in this place the better for ever hereafter And for my own part I will never give over solliciting this cause as long as Parliaments and I shall live together CHARLES REX To our trusty and well-beloved the Lords Spiritual and Temporal of the Higher House of PARLIAMENT WE being desirous of nothing more then the advancement of the good peace and prosperity of our people have given leave to free debates of highest points of our Prerogative Royal which in times of our Predecessors Kings and Queens of this Realm were ever restrained as Matters they would not have disputed and in other things we have been willing fairly to condiscend to the desires of our loving Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies with those Messages which heretofore we have sent to the Commons House will well demonstrate to the World and yet we finde it still insisted on that in no case whatsoever should it never so nearly concern Matters of State and government we nor our privy Councel have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service thereby would be destroyed and defeated and the cause alleadged must be such as may be determined by our Judges of our Courts at Westminster in a Legal and Ordinary way of Justice whereas the cause may be such whereof the Judges have no capacity of Judicature or rules of Law to direct or guide their Judgements in cases of that transcendent nature which hapning so often the very intermitting of the constant rules of government for many ages within this Kingdom practised would soon dissolve the very frame and foundation of our Monarchy wherefore as to our Commons we have made propositions which might equally preserve the just Liberty of the Subject So my Lords we have thought good to let you know that without overthrow of our Soveraignty we cannot suffer this power to be impeached But notwithstanding to clear our conscience and just intentions this we publish that it is not in our hearts nor ever will we extend our royal power lent unto us from God beyond the just rule of moderation in any thing which shall be contrary to our Laws and Customes where the safety of our people shall be our onely aim And we do hereby declare our royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain that neither we nor our privy Councel shall or will at any time hereafter commit or command to Prison or otherwise restrain the Person of any for not lending money unto us or for any other cause which in our conscience doth not concern the State the publick good and safety of us and of our people we will not be drawn to pretend any cause which in our Judgements is not or is not expressed which base thought we hope no man will imagine can fall into our royal breast that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or access of our Judges to us readily and really express the cause of their commitment or restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed That in all causes Criminal of ordinary Jurisdiction our Judges shall proceed to the deliverance and baylment of the Prisoner according to the known and ordinary rules of the Laws of this Land and according to the Statutes of Magna Charta and those other six Statutes insisted upon which we do take knowledge stand in force and which we intend not to abrogate against the true intention thereof Thus we have thought fit to signifie unto you the rather for shortning any long delayes of this question the season of the year so far advanced and our great occasions of State not lending us many dayes for long continuance of this Session of Parliament Given under our Signet at our Pallace of Westminster the 12. of May in the fourth year of our Raign The KINGS Message by the Lord Keeper 21. May 1628. HIs Majestie commanded me to signifie to your Lordships that the business concerning your part presented by the Commons to the Lords concerning the Liberty of the Subject wholly depends upon your Lordships and because his affairs are pressing and that he is very suddenly to take a Journey to Portsmouth As also because his Majesty would have the business put in a good forwardness before his going thither his Majestie desires your Lordships this day to proceed to a resolution whether you will joyn with the House of Commons in the Petition or not M r. MASONS speech concerning the Addition propounded by the Lords to be added to the Petition of Right IN our Petition of Right to the Kings Majestie we mentioned the Laws and Statutes by which it appeared that no Tax Loan or the like ought to be levied by the King but by common assent in Parliament That no Freeman ought to be imprisoned but by the Law of the Land That no Freeman ought to be compelled to suffer Souldiers in his house In the Petition we have expressed the breach of these Laws and desire that we may not suffer the like all which we pray as our Rights and Liberties The Lords have proposed an addition to this Petition in these words We humbly present this Petition to your Majestie not onely with a care of our own Liberties but with a due regard to leave intyre that Soveraign power wherewith your Majesty is intrusted for the protection safety and happiness of your people and whether we shall consent unto this addition is the Subject of this dayes discourse And because my Lord Keeper at the last conference declared their Lordships had taken the words of the Petition apart The word leave in a Petition is of the same nature as saving in a grant or Act of Parliament when a Man grants but part of a thing he saves the rest when he Petitions to be restored but to part he leaveth the rest then in the end of our Petition the word leave will imply that something is to be left of that or at least with a Reveâ—â—â—â—â— to what we desire The word entyre is very considerable a Conquerour is bound by no Law but hath power dare leges his will is a Law and although William the Conquerour at first to make
our reasons your Lordships would rest satisfied that our refusal to admit them into our Petition proceedeth from the conscience of the integrity and uprightness of our own hearts That we in all this Petition have no such end to abate or diminish the Kings just Prerogative And so much in reply to that rational part whereby my Lord Keeper laboured to perswade the entertainment of this addition This being done it pleased the House of Commons to instruct and furnish me with certain reasons which I should use to your Lordships to procure your absolute conjunction with us in presenting this Petition which albeit I cannot set forth according to their worth and the instructions given me by the House yet I hope their own weight will so press down into your Lordships consciences and judgements that without further scruple you will cheerfully vouchsafe to accompany this Petition with your right noble presence A Personis The first argument wherewith I was commanded to move your Lordships was drawn from the consideration of the Persons which are Petitioners The House of Common a House whose temper mildness and moderation in this Parliament hath been such as we should be unthankfull and injurious to Almighty God if we should not acknowledge his good hand upon us upon our tongues upon our hearts procured no doubt by our late solemne and publick humiliation and prayers This moderation will the better appear if in the first place we may be remembred in what passion and distemper many Members of this House arrived thither what bosomes what pockets full of complaints and lamentable grievances the most part brought thither and those every day renewed by Letters and Packets from all parts and quarters You know the old proverb ubi dolor ibi digitus ubi amor ibi oculus It is hard to keep our fingers from often handling the parts ill affected but yet our moderation overcame our passion our discretion overcame our affection This moderation also will the better appear if in the second place it be not forgotten how our Ancestors and Predecessors carried themselves in Parliaments when upon lighter provocations less could not serve their turns but new severe Commissions to hear and determine offences against their Liberties publick Ecclesiastical curses or excommunications against the Authors or Actors of such violations accusations condemnations executions banishments But what have we said all this Parliament we onely look forward not backward we desire amendment hereafter no mans punishment for ought done heretofore Nothing written by us in bloud nay not one word spoken against any mans Person in displeasure The conclusion of our Petition is That we may be better intreated in time to come And doth not this moderate Petition deserve your Lordships cheerfull conjunction ex congruo condigno If a Worm being troden upon could speak a Worm would say tread upon me no more I pray you higher we rise not lower we cannot discend And thus much we think in modesty may well be spoken in our own commendation thence to move your Lordships to vouchsafe us your noble Company in this Petition without surcharging it with this addition A tempore Our next argument is drawn a tempore from the unseasonableness of the time The wise man saith there is a time for all things under the Sun tempus suum And if in the wise mans Judgement a word spoken in its due time be precious as Gold and Silver then an unseasonable time detracts as much from the thing or word done or spoken We hold under your favours that the time is not seasonable now for this addition It is true that of it self Soveraign power is a thing alwayes so sacred that to handle it otherwise then tenderly is a kinde of sacriledge and to speak of it otherwise then reverently is a kinde of blasphemy but every vulgar capacity is not so affected the most part of men nay almost all men judge and esteem all things not according to their own intrinsick virtue and quality but according to their immediate effects and operations which the same things have upon them Hence it is that Religion it self receiveth more or less credit and approbation as the Teachers and Professors are worser or better Yea if God himself send a very wet Harvest or Seed-time men are apt enough to censure Divine power The Soveraign power hath not now for the present the ancient amiable aspect in respect of some late sad influences but by Gods grace it will soon recover To intermix with this Petition any mention of Soveraign power rebus sic stantibus when angry men say Soveraign power hath been abused and the most moderate wish it had not been so used we hold it not seasonable under your Lordships correction A loco Our next argument is drawn a loco we think the place where your Lordships would have this addition inserted viz. in the Petition no convenient or seasonable place Your Lordships will easily believe that this Petition will run through many hands every man will be desirous to see and to read what their Knights and their Burgesses have done in Parliament upon their complaints what they have brought home for their 5. Subsedies If in perusing of this Petition they fall upon the mention of Soveraign power they presently fall to arguing reasoning and discanting what Soveraign power is what is the Latitude whence the Original and where the bounds with many such curious and captious questions by which course Soveraign power is little advanced or advantaged For I have ever been of opinion that it is then best with Soveraign power when it is had in tacite venerationem not when it is prophaned by publick hearings or examinations Our last argument is drawn from our duty and Loyalty to his Majesty in consideration whereof we are fearfull at this time to take this addition into our Petition least we should do his Majesty herein some disservice With your Lordships we make the great Councel of the King and Kingdom And though your Lordships having the happiness to be near his Majesty know other things better yet certainly the state and condition of the several parts for which we serve their dispositions and inclinations their apprehensions their fears and jealousies are best known unto us And here I pray your Lordships to give me leave to use the figure called Reticentia that is to insinuate and intimate more then I mean to speak Our chief and principal end in this Parliament is to make up all rents or breaches between the King and his Subjects to draw them and knit them together from that distance whereof the world abroad takes too much notice to work a perfect union and reconciliation how improperly and unapt at this time this addition would be in respect of this end we cannot but foresee and therefore shun it and do resolve that it is neither agreeable to the Persons of such Councellors whom we are nor answerable to that love and duty which we owe to
his Majesty to hazard an end of such unspeakable consequence upon the admittance of this addition into our Petition whereof as we have shewed the omission at this time can by no means harm the Kings Prerogative the expression may produce manifold inconveniences and therefore since the admittance of your Lordships addition into our Petition is incoherent and incompatible with the body of the same since there is no necessary use of it for the saving of the Kings rerogative since the moderation of our Petition deserveth your Lordships cheerfull conjunction with us since this addition is unseasonable for the time and inconvenient in respect of the place where your Lordships would have it inserted and lastly may prove a disservice to his Majesty I conclude with a most affectionate prayer to your Lordships to joyn with the House of Commons in presenting this Petition unto his sacred Majesty as it is without this addition The KINGS speech in the Higher House at the meeting of both Houses 2. June 1628. Gentlemen I Am come hither to perform my duty and I think no man will think it long since I have not taken so many dayes in answering of the Petition as you have spent weeks in framing it and I am come hither to shew you that as well in formall things as in essential I desire to give you as much content as in me lies The Lord KEEPER in explanation of the same MY Lords and you the Knights Cittizens and Burgesses of the House of Commons his Majesty hath commanded me to say unto you that he takes it in good part that in consideration how to settle your own Liberty you have generally professed in both Houses that you have no intention for to lessen or diminish his Majesties Prerogative wherein as you have cleared your own intentions so his Majesty now comes to clear his and to strike a firm league with his people which is ever decreed to be most constant and perpetual when the conditions are equal and known to be so These cannot be in a more happy estate then when your Liberties shall be an ornament and strength to his Majesties Prerogative and his Prerogative a defence to your Liberties In this his Majesty doubts not but both you and he shall take a mutual comfort hereafter and for his part he is resolved to give an example in so using of his power as hereafter you shall have no cause to complain This is the summe of that which I am to say to you Here read your own Petition and his Majesties gracious answer The KINGS answer to the Petition of Right 2. June by the Lord KEEPER THe King willeth that Right be done according to the Laws and Customes of the Realm and that the Statutes be put in due execution that the Subject may have no cause to complain of any wrong or oppression contrary to their just Rights and Liberties to the preservation whereof he holds himself in conscience as well obliged as of his Prerogative Sir JOHN ELLIOTS Speech 3. June Mr. Speaker WE sit here as the great Councel of the King and in that capacitie it is our duty to take into consideration the State and affairs of the Kingdom and where there is occasion to give them in a true representation by way of council and advice with what we conceive necessary or expedient for them In this consideration I confess many a sadd thought hath affrighted me and that not onely in respect of our dangers from abroad which yet I know are great as they have been often in this place prest and dilated to us but in respect of our disorders here at home we do inforce those dangers and by which they are occasioned For I believe I shall make clear unto you that I oth at first the cause of these dangers were disorders and our disorders now are yet our greatest dangers and not so much the potency of our enemies as the weakness of our selves do threaten us and that saying of the Father may be assumed by us Non tam potentia sua quam negligentia nostra Our want of true devotion to heaven our insincerity and doubling in Religion our want of Councels our precipitate actions the sufficiency or unfaithfulness of our Generals abroad the corruptions of our Ministers at home the impoverishing of the Soveraign the oppression and depression the exhausting of our treasures waste of our provisions Consumption of our Ships destruction of Men This makes the advantage to our enemies not the reputation of their Arms. And if in these there be not reformation we need no Foes abroad time it self will ruine us To shew this more fully as I believe you will all hold it necessary that there seem not an aspertion on the State or imputation on the Government as I have known such mentions misinterpreted which far it is from me to propose that have none but clear thoughts of the Excellency of his Majestie nor can have other ends but the advancement of his glory I shall desire a little of your patience extraordinarily to open the particulars which I shall do with what brevity I may answerable to the importance of the cause and the necessity now upon us yet with such respect and observation to the time as I hope it shall not be troublesome For the first then our insincerity and dubling in Religon the greatest and most dangerous disordor of all others which hath never been unpunished and of which we have so many strong examples of all States and in all times to awe us What testimony doth it want will you have Authority os bookes look on the collection of the Committee for Religion there is too clear an evidence will you have Recors see then the Commission procured for composition with the Papists in the North Mark the proceedings thereupon you will finde them to little less amounting then a tolleration in effect thought upon some slight payments and the easiness in them will likewise shew the favour that 's intended Will you have proofs of men witness the hopes witness the presumptions witness the reports of all the Papists generally observe the dispositions of Commanders the trust of Officers the confidence of secrecies of imployments in this Kingdom in Ireland and elsewhere they all will shew it hath too great a certainty and unto this add but the incontrolable evidence of that all-powerfull hand which we have felt so sorely that gave it full assurance for as the Heavens oppose themselves to us for our impiety so it is we that first oppose the Heavens For the second our want of Councels that great disorder in State with which there cannot be stability if effects may shew their causes as they are after a perfect demonstration of them our misfortunes our disasters serve to prove it and the consequence they draw with them If reason be allowed in this dark age the judgment of dependencies and foresight of contingencies in affairs confirm it For if we view our selves
will advise A note very remarkable It shewes the indulgence of Kings it shews also the wisdom and judgement of the Houses the King not willing to deny his People People not willing to presse their King to a deniall the one wise and modest in their requests and the other moderate and sweet in the answer This is the ancient and right way of union in Parliament The God of unity keep it in this and all insuing Parliaments This union you rightly call the union of Hearts and a greatnesse beyond the Kingdomes which the King inherits so then its a present fit for a wise people to offer to their gracious King Wise and magnanimous Kings are a speciall gift from God having hearts capable of greatnesse union of hearts is greatest and greatnesse was never unwelcome to Kings and therefore present and offer it to your King you cannot doubt of acceptance Having spoken of union you fall presently into a memoriall of the great and glorious actions of his Majestie 's Predecessours and into the height and contemplation of greater that remain If I mistake not your meaning you would have it understood that the union of Prince and people make way to those remarkable acts of former times and that we that wish the like successe in our time should look back upon our Forefathers Wisdome requires it Honour and the Time requires it that we should shew our selves the sonnes of our Auncestours at least in holding that which they left us The pride of Rome abated as you say by England now lifts up her horns against Religion Gods vine planted and deeply rooted here overspread into our neighbour Countreys hath of late lost many of her goodly branches The Austrian Eagle that wanted feathers till of late now soares and preys at will over all Spain so often foiled by us hath by disguised treaties dispoiled of their patrimonie those princely Branches of our royall Cedar and posts apace to his universall Monarchy to the ruine of us our Friends and Religion God hath his time and I trust a time to stop their course I know not but we may expect it as well now as ever There is a resolution in our King and there is I trust for I am sure there was a resolution in our Parliament for great actions Our king as he hath a Solomon so hath he many Davids in the glorious catalogue of his royall Descent and hath linked himself in the House of Henry the Great and he bears a glorious and auspicious name sutable to his thoughts and desires and therefore since Honour and Religion call for it and since you have incouraged him to fight Iehovah's battels let all put to their hands that our King and Nation may have the honour to set Christendome in her right Balance And now to come to the petitions you have made for the House his Majestie most graciously and readily grants them all according to your true and ancient Rights and Priviledges of Parliament which his Majestie trusts you will have care not to exceed or transgresse and therefore you may go chearfully together and speedily settle about the publick affairs And the almighty God prosper the works of your hands I say the almighty God prosper your handy-work M r. Goodwin's Speech March 22. 1627. Mr. Speaker IT hath pleased his Majestie in his last Speech to intimate unto us the cause of our meeting which is supply against the great and common dangers that threaten the ruine of this Kingdome and the time of our sitting cannot be long and therefore he wisheth to avoid tedious resolutions In conformity whereunto I propound that laying aside all other matters we addresse our selves to that for which we were called hither wherein as in the first place we have well begun in our pious humiliation towards almighty God so let us now proceed to serve and to supply the king yet so as we satisfie our Countrey that sent us hither and preserve our Rights and Priviledges which have as surely been broken and infringed as undoubtedly they belong â—o us S r. Francis Seymour's Speech March 22. 1627. THis is the great Councel of the Kingdome and here if not here alone his Majestie may see as in a true glasse the state of the Kingdome We are all called hither by his Majestie 's writs to give him faithfull counsel such as may stand with his honour but that we must do without flatterie and chosen by the Commons to deliver up their just grievances and this we must do without fear Let us not be like Cambyses Judges who being demanded of him concerning something unlawfull said Though there were no written Law the Persian Kings might do what they liâ—t This was base flatterie fitter for reproof then imitation and as flatterie so fear taketh away the judgement For mine own part I shall shun both these and speak my conscience with as much duty to his Majestie as any man not neglecting the Publick But how can we speak our affections while we retein our fears or speak of giving till we know whether we have any thing to give or not For if his Majestie shall be perswaded to take what he will what need we to give That this hath been done appeareth by the billetting of Souldiers a thing no way advantageous to his service and a burthen to the Common-wealth the imprisonment of Gentlemen for the Loane who if they had done the contrary for fear their faults had been as great as theirs who were Projectours in it To countenance these proceedings hath it not been preached in the pulpit or rather praâ—ed All we have is the Kings But when they forsake their own calling and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick It is too apparent the people suffer more now then ever will you know the true reason we shall find those Princes have been in greatest wants and necessities that have exacted most from their Subjects The reason is plain A Prince is strongest by faithful and wise Counsel I would I could truly say such had been imployed abroad I speak this to this end to shew the defect proceeded not from this House I must confesse he is no good Subject that would not willingly and freely lay down his life when the End may be the service of his Majestie and the good of the Common-wealth But he is no good Subject but a slave that will have his goods taken from him against his will and his Liberty against the Laws of the Kingdome In doing this we shall but â—read the steps of our Fore-fathers who still preferred the publick interest before their own rights nay before their own lives It will be a wrong to Us to our Posterities to our Consciences if we shall forgo this This we shall do well to present to his Majestie I offer this in the generall thinking the particulars fitting for Committees What I may now say or shall then I submit
at home are we in strength are we in reputation equall to our Ancestors if we view our selves abroad are our Friends as many as our Enemies Nay more do our friends retain their safety and possessions do our Enemies enlarge themselves and gain for them and us what Councel to the loss of the Pallatinate sacrificed we our honour and our men sent thither stopping those greater powers appointed for that service by which it might have been defencible what Councel gave direction to the late action whose wounds are yet a bleeding I mean the expedition to Rhee of which there is yet so sadd a memorie in all men what design for us or advantage to our State could that import you know the wisdom of our Ancestors the practice of their times how they preserved their safeties we all know and have as much cause to doubt as they had the greatness and ambition of that Kingdom which the Old world could not satisfie against this greatness and ambition we likewise know the proceedings of that Princess that never to be forgotten Excellency of Queen Elizabeth whose name without admiration falls not into mention with her Enemies you know how she advanced her self how she advanced this Kingdom how she advanced this Nation in glorie and in state how she depressed her Enemies how she upheld her Friends how she enjoyed a full security and made them then our scorn whom now are made our terror Some of the principals she built on were these and if I mistake let reason and our Statesmen contradict me First to maintain in what she might a unity in France that that Kingdom being at peace within it self might be a Bulwark to keep back the power of Spain by land Next to preserve an amity and league between the States and us that so we might come in aid of the low Countries and by that means receive their Ships and help by sea This treable-cord so working between France the States and us might enable us as occasion should require to give assistance unto others and by this means the experience of that time doth tell us that we were not onely free from those fears that now possess and trouble us but then our Names were fearfull to our enemies See now what correspondency or actions had with this square it by these rules that it induce a necessary consequence of the division of France between the Protestants and their King of which there is too wofull and lamentable experience It hath made an absolute breach between that State and us and so entertained us against France France in preparation against us that we have nothing to promise our neighbours hardly for our selves Nay but observe the time in which it was attempted and you shall finde it not onely varying from those principals but directly contrary and opposite ex diametro to those ends and such as from the issue and success rather might be through a conception of Spain then begotten here with us Here there was an interruption made by S r. HUMFRY MAY. expressing a dislike but the House of Commons commanded him to go on it thus followeth M r. Speaker I Am sorry for this interruption but much more sorry if there hath been occasion wherein as I shall submit my self wholly to your judgement to receive what censure you should give me if I have offended So in the integrity of my intentions and clearness of my thoughts I must still retain this confidence that no greatness may deter me from the duties which I owe to the service of my King and Countrey but with a true English heart that I shall discharge my self as faithfully and as really to the extent of my poor power as any mans whose honours or whose Offices most strictly have obliged him you know the dangers Denmark is in how much they concerned us what in respect of our Alliance and the Countrey what in the importance of the Sound what an advantage to our Enemies the gain thereof would be what loss what prejudice to us by this division we breaking upon France France being inraged by us the Netherlands at amazement between both neither could we intend to aid that luckless King whose loss is our disaster Can those now that express their troubles at the hearing of these things and have been so often told us in this place of their knowledge in the conjunctures and disjunctures of affairs say they advised in this Was this an Act of Councel Mr. Speaker I have more charity then to think it and unless they make a confession of themselves I cannot believe it For the next the insufficiency and unfaithfulness of our Generals that great disorders abroad what shall I say I wish there were not cause to mention it and but out of the apprehension of the dangers that 's to come if the like chance hereafter be not prevented I could willingly be silent But my duty to my Soveraign and the service of this House the safety and Honour of my Countrey are above all respects and what so nearly tendeth to the prejudice of this may not be forborn At Calis then in that first expedition we made when we arrived and found a Conquest ready the Spanish ships I mean fit for the satisfaction of a Voyage and of which some of the chiefest then there themselves have since assured me the satisfaction would have been sufficient either in point of Honour or in point of profit why was it neglected why was it not atchieved it being of all hands granted how sensible it was after when with the destruction of some men and with the exposition of some others who though their fortune since have not been such by chance came off When I say with the loss of our serviceable men that unserviceable men were gained and the whole Army landed why was there nothing done why was there nothing attempted if nothing were intended wherefore did they Land if there were a service why were they shipt again Mr. Speaker it satisfies me too much in this when I think of their dry and hungry march unto that druncken quarter for so the Souldiers term'd it where was the period of their Journey that divers of our men being left as a sacrifice to the Enemy that labour was at an end For the next undertaking at Reez I will not trouble you much onely this in short was not that whole action carried against the Judgement and opinion of the Officers those that were of Councel was not the first was not the last was not all in the landing in the intrenching in the continuance there in the asâ—ault in the retreat did any advice take place of such as were of Councel If there should be made a particuler inquisition thereof these things will be manifest and more I will not instance Now the manifestation that was made for the reason of these Arms nor by them nor in what manner nor on what grounds it was published nor what effects it hath wrought drawing
Duke could alter it 4. That when the Ordinance were shipt at S. Martins the Duke caused the Souldiers to go one that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his bloud and Marquess Hambletons with others cries out for vengeance to Heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poysoned by Sir Thomas Overbury and he himself served with the same sawce and that the Earl of Sommerset could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence A Privy Seal for the transporting of Horses 30 January 3. CAROLâ— CHarles by the grace of God King of England Scotland France and Ireland defendor of the faith c. To the Treasurer and under Treasurer of our Exchequer for the time being greeting We do hereby will and command you out of our Treasury remaining in the receipt of the said Exchequer forthwith to pay or cause to be paid unto Phillip Burlamachi of London Merchant the summ of 30000 l. to be paid by him over by Bill of Exchange unto the Low-Countries and Germany unto our trustie and well be loved Sir William Balfoore Knight and Iohn Dalber Esquire or either of them for levying and providing certain numbers of Horse with Arms for Horse and Foot to be brought over into this Kingdom for our service 〈◊〉 For the levying and transporting of a 1000 Horse 15000 l. for 5000 Muskets 5000 Corslets 5000 Pikes 10500 l. and for 1000 Curasiers compleat 200 Corslets and 200 Carbines 4500 l. Amounting in the whole to the said summ of 30000 l. And this our Letter shall be your sufficient warrant and discharge in this behalf Given under our privy Seal at our Palace of Westminster 30. of Ianuary in the third year of our raign The Commission to the Lords and others of the privy Councel concerning the present raising of money CHARLES by the grace of God King of England Scotland France and Ireland defender of the faith c. To Sir Thomaâ— Coventry Lord Keeper of the great Seal of England Iames Earl of Marlburgh Lord Treasurer Henry Earl of Manchester Lord President of the Councel Edward Earl of Worcester Lord Keeper of the privy Seal George Duke of Buckingham our high Admiral of England William Earl of Pembroke Lord Steward of our Houshould Phillip Earl of Mongommery Lord Chamberlain of our Houshould Theophilus Earl of Suffolk Edward Earl of Dorcet William Earl of Salisbury Thomas Earl of Exceter Iohn Earl of Bridgwater Iames Earl of Carlile Henry Earl of Holland William Earl of D. George Earl of Totnes Sir George Hay Knight Lord Chaunceller of Scotland William Earl of Moâ—ton Thomas Earl of Kelly Thomas Earl of Melros Edward Viscount Conway one of our principall Secritaries of State Edward Viscount Wimbleton Oliver Viscount Grandison Henry Viscount Falkland Lord Deputy of Ireland To the Lord Bishop of Winchester William Lord Bishop of Bath and Wells Fulk Lord Brook Dudly Lord Carleton vice Camberlain of our Houshould Sir Thomas Edmonds Treasurer of our Houshould Sir Iohn Savill Comptroller of our Houshould Sir Robert Nawton Master of our Court of Wards Sir Iohn Cooke one of the principal Secritaries of our State Sir Richard Weston Chancellor and under Treasurer of our Exchequer Sir Iulius Caesar Master of the Roll. Sir Humfry May Knight Chancellor of our Dutchy of Lancaster GREETING WHereas the present Conjuncture of the pressing affairs of Christendom and our own particular interest in giving assistance to our oppressed Allies and for the providing for the defence and safety of our own dominions And people do call upon us to neglect nothing that may conduce to those good ends And because monies the principall sinews of War and one of the first and chiefest in all great preparations and actions necessary to be provided in the first place and we are carefull the same may be raised by such ways as may best stand with the State of our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience we have had and for the trust we repose in your wisdoms fidelities and dutifull care of your services and for the experience you have of all great causes concerning us and our State both as they have relation to forraign parts abroad and as to our Common-Wealth and People at home Ye being Persons called by us to be of our privy Councel have thought fit amongst those great and important matters which somuch concern us in the first and chiefest place to recommend this to your â—peciall care and dilligence And we do hereby authorize and appoint and stricktly will and require you speedily and seriously to enter into consideration of all the best and speediest ways and means yee can for raising of money for the most important occasions aforesaid which without extreamest hazard to us our dominions and people and to our friends and Allies can admit of no long delay The same to be done by imposition or otherwise as in your wisdom and best Judgments ye shall finde to be most convenient in a case of this inevitable necessity wherein form and circumstance must be dispensed with rather then the substance be lost or hazarded And herein our will and pleasure is that you or as many of you as from time to time can be spared from attendanc upon our Person or other our necessary services do use all dilligence by your frequent meetings and serious consultations and when you have brought any thing to maturity ye make report thereof unto us and advertise us of those things ye shall either resolve upon or thinck fit to represent unto us for the advancement of this great service which with the greatest affection we can we recommend to your best care and Iudgement Whereof you must not fail as you tender our honour and the honour and safety of our Dominions and People and for the doing hereof these presents shall be to you and every of you a sufficient warrant In witness whereof we have caused these our Letters to be made Letters Patents Witnes our selfe at Westminster the last day of February in the third yeare of our Raigne Per ipsum Regem Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at ROCHEL 4. May 1628. the ships rideing before the Town 1. WHether in your opnion and judgments by the means and strength we have the Floates and Pallizadoes may be forced and the entrance into the Town may be thereby made for the victuallers 2. If you shall think it fit what in your opinions will be the best and readiest way to open the same 3. Whether you hold it fit to send in the victuallers at the same instant together with the fire ships and barks considering that if it should not take