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
attended by all the Servants in Ordinary The day following the Privy-Counsellors to the late King with all the Lords Spiritual and Temporal then about London were in the Council Chamber at Whitehall by Eight of the Clock in the morning ready to go together and present themselves to his Majesty but there came in the mean a Commandment from the King by the Lord Conway and Sir Albertus Morton Principal Secretaries of State to the deceased King that the Lord Keeper of the Great-Seal should be sworn of his Majesties Privy-Council and that he should give the Oath to the Lord President by whom all the rest of the late Kings Council should be sworn Counsellors to his present Majesty The Lord Keeper of the great Seal the Lord President the Lord Arch-bishop of Canterbury the Lord Treasurer of England the Lord Privy-Seal the Duke of Buckingham Lord Admiral of England the Earl of Pembrook Lord Chamberlain the Earl of Montgomery the Earl of Kellye the Earl of Arundel Earl Marshal of England the Lord Viscount Grandison the Lord Conwey the Lord Brook Mr Treasurer Mr Comptroller the Master of the Wards Mr Secretary Morton Mr Chancellor of the Exchequer and the Master of the Rolls were this day sworn accordingly the Lord Keeper did take an Oath apart as Lord Keeper of the Great Seal the Lord Treasurer as Lord Treasurer of England the Lord President as Lord President of the Kings Privy-Council and the Lord Conwey and Sir Albertus Norton as principal Secretaries of State the Lords which were not of his Majesties Privy-Council repaired by themselves to St Iames's and presented themselves to the King and kissed his hand The Council sat immediately and advised of the most important and pressing matters to be offered to the King for his present service and resolved upon these particulars That a Commission be granted to authorize the Great-Seal Privy-Seal and Signet till new ones be prepared also Commissions for authorizng of Judges Justices of Peace Sheriffs and other such Officers for Government that there be a general Proclamation for continuation of Proceedings preservation of Peace and administration of Justice that Letters be prepared for the Ambassadors with foreign Princes to authorize their services to the King that special Messengers be sent unto foreign Princes that the like Proclamations to those of England be sent into Scotland that Commissions be renewed into Ireland to the Deputy and Officers there that the Mint for Coyning of money go on and all things be mannaged by the Officers as then they stood till the Kings pleasure be further known that a Parliament be summoned when the King shall appoint that the Kings pleasure be known concerning the time of his Fathers Funeral and where the Corps shall rest in the mean time as also the time of his Majesties Coronation This being done the whole Council attended the King at St Iames's where the Lord Keeper in the name of all the rest presented their humble thanks that it had pleased his Majesty to have affiance in those that had been Counsellors to his Father to receive them all to be of his Privy-Council the Lord President represented to the King the matters before mentioned which the King allowed and gave order that those of them which required speed should be put in execution and most of the powers he signed presently And first because by the death of the late King the Authorities and powers of the greatest number of Offices and places of Government did cease and fail by the failing of the Soveraign Person from whom the same were derived a Proclamation issued forth signifying his Majesties pleasure that all persons whatsoever who at the decease of the late King were invested in any Office or Place of Government Civil or Martial within the Realms of England and Ireland and namely Presidents Lieutenants Vice-Presidents Judges Justices Sheriffs Deputy Lieutenants Commissaries of Musters Justices of Peace shall continue in their several Offices till his Majesties pleasure were further known In another Proclamation of the same date the King took notice of his Fathers death and that he being his onely Son and undoubted Heir is invested and established in the Crown Imperial of this Realm and all other his Majesties Realms Dominions and Countries with all the Royalties Preeminencies Stiles Names Titles and Dignities to the same belonging and he declared That as he for his part shall by Gods grace shew himself a most benign and gracious Soveraign Lord to all his good Subjects in all their lawfull Suits and Causes so he mistrusteth not but that they on their parts will shew themselves unto him their natural Liege Lord most loving faithfull and obedient Subjects The Council resolved to move the King that his Fathers Funeral might be solemnized within five weeks and within a few dayes after the Ceremonial Nuptials in France and before the Parliament began in England These Resolves the Lord President represented unto the King who accepted of the advices and said he would follow them Moreover he summoned a Parliament to begin the seventeeth of May but by the advice of his Privy-Council Prorogued it to the one and thirtieth of May afterwards to the thirteenth of Iune and then to the eighteenth of the same moneth which Prorogations were occasioned by the Kings going to Dover to receive the Queen April 23. The Body and Herse of King Iames was brought from Theobalds to London being conducted by the Officers of the Guard of the Body all in Mourning every one having a Torch and attended by all the Lords of the Court and great numbers of other persons of quality and was placed in Denmark-House in the Hall of the deceased Queen Anne The seventh of May was the day of Burial the Body and Herse were taken from the said Hall of State and brought in great Pompe and Solemnity to Westminster where the Kings of England use to be interred The new King to shew his Piety towards his deceased Father was content to dispense with Majesty he followed in the Rear having at his right hand the Earl of Arundel at his left the Earl of Pembrook both Knights of the Garter his Train was born up by twelve Peers of the Realm So King Iames who lived in Peace and assumed the title of Peace-maker was peaceably laid in his Grave in the Abby at Westminster King Charles in his Fathers life time was linked to the Duke of Buckingham and now continued to receive him into an admired intimacy and dearness making him Partaker of all his Counsels and Cares and Chief Conductor of his Affairs an Example rare in this Nation to be the Favorite of two succeding Princes The Publick State of Religion and the steering of Church-matters had an early inspection and consultation in the Cabinet Council Bishop Laud who in King Iame's life time had delivered to the Duke a little book about Doctrinal Puritanism now also delivered to the Duke a
Lordships according to the unanimous Advice of all the Iudges of England and his Majesties pleasure signified therein That the First Article propounded viz. You shall do all your pain and diligence to destroy and make to cease all manner of Heresies and Errors commonly called Lollaries within in your Bayliwick from time to time to all your power and assist and be helping to all Ordinaries and Commissioners of the Holy Church and favor and maintain them as oftentimes as you shall be required shall be left out in the Oath to be given to Sir Edward Cook and shall ever hereafter be left out in all Oaths to be given to the High Sheriffs of Counties hereafter And their Lordships do likewise Order according to the unanimous Advice of all the Iudges of England That the other thrée Articles doubted of shall stand in the said Oath to be ministred to the said Sir Edward Cook and to all other High Sheriffs as heretofore hath béen accustomed and that the Lord Keeper do give order to such Officers and Clerks in the Court of Chancery to whom it appertained to make out the Oath for the time to come according to present Order The expectation of a Parliament gave encouragement to the Bishop of Lincoln who yet retained the name of Lord Keeper notwithstanding his Sequestration several moneths before from the presence of the King the Council Table and the custody of the Seal to make an Address to his Majesty for a favorable interpretation of his actions But his carriage towards the Duke at the Parliament at Oxford was fresh in memory where the Bishop told the Duke in Christ-Church upon the Dukes rebuking him for siding against him That he was engaged with William Earl of Pembroke to labor the Redress of the Peoples Grievances and was resolved to stand upon his own Legs If that be your resolution said the Duke Look you stand fast and so they parted and shortly after that he was sequestred though the Seal was not disposed from him till the Thirtieth of October at which time it was given to Sir Thomas Coventry at Hampton-Court who was that day sworn of the Privy Council and sate there and sealed some Writs and afterwards came to the Term at Reading and sate there as Lord Keeper and heard Causes The King being pressed with his own Necessities and the Cry of the Nation against the Fruitless Voyage of Cadiz summoned a Parliament to meet in February and before the time of meeting his Majesty enjoyned the Archbishops and Bishops in both Provinces to proceed against Popish Recusants by Excommunication and other Censures of the Church and not to omit any lawful means of bringing them to Publick Justice especially he recommended to their vigilant care the unmasking and repressing of those who were not professed Papists yet disaffected to the true Religion and kept close their evil and dangerous affection and by secret means and slights did encourage and advance the growth of Popery This Command was seconded by a Proclamation requiring That all Convicted Papists should according to the Laws of this Realm remain confined to their dwelling places or within five miles thereof unless upon special Licences first obtained in Cases necessary Immediately before the Parliament Bishop Laud procured the Duke of Buckingham to sound the King concerning the Cause Books and Tenets of Mr. Richard Montague and understanding by what the Duke collected That the King had determined within himself to leave him to a Tryal in Parliament he said I seem to see a Cloud arising and threatning the Church of England God for his Mercy dissipate it About the same time the King declared his purpose to celebrate the Solemnity of his Coronation on Candlemas-day at the Palace of Westminster and required all persons who by reason of their Offices and Tenures were bound to perform any Duties at the Solemnitie to give their attendance and to be furnished in all respects answerable to an action of so high State according to their places and dignities Wherefore by a Commission under the Great Seal of England Sir Thomas Coventry Lord Keeper of the Great Seal Iames Lord Say High Treasurer of England Edward Earl of Worcester Keeper of the Privy Seal Thomas Earl of Arundel and Surrey Earl Marshal of England William Earl of Pembroke Lord High Chamberlain Edward Earl of Dorset and Sir Randol Crew Cheif Justice of the Common Pleas were authorised to receive and determine the Claims exhibited by any Person concerning Services to be performed at the approaching Coronation And the more to credit the Solemnity the King resolving to make certain of his Servants and other Subjects in regard of their Birth good Service and other Qualities Knights of the Bath Authorised Thomas Earl of Arundel and Surrey and Earl Marshal of England William Earl of Pembroke Lord Chamberlain to perform in his Majesties Name and behalf all the Rites and Ceremonies belonging thereto At the same time Writs were directed to all Sheriffs in the Realm of England and Dominions of Wales commanding them to make Proclamation That all such as had Forty pounds a year or more of Lands or Revenues in their own hands or the hands of Feoffees for their use for the space of Three years and are not yet Knights do at their perils prepare to present themselves in his Majesties Presence by the One and thirtieth of Ianuary to receive the Order of Knighthood Upon the asswaging of the great Pestilence through the Mercy and Goodness of God in withdrawing and almost removing the Scourge the King by His Royal Authority ordained a Publick and General Thanksgiving to be celebrated upon the Nine and twentieth of Ianuary being the Lords day in the Cities of London and Westminster and the places adjacent and on the Nineteenth of February in all other places of the Kingdom the manner and form whereof was prescribed by a Book composed by the Bishops according to his Majesties special Direction The Contagion ceasing the restraint enjoyned to the Citizens of London from resorting to Fairs for a time was taken off The number of those that died this year within and without the Walls of the City of London and in the Liberties and Nine out Parishes from the Sixteenth of December 24. to the Fifteenth of December 25. Was in Total Fifty four thousand two hundred sixty and five whereof of the Plague Thirty five thousand four hundred and seventeen On Candlemas-day King Charls was Crowned Bishop Laud had the cheif hand in compiling the Form of the Coronation and had the honor to perform this Solemnity instead of the late Lord Keeper Williams who through the Kings disfavor was sequestred from this Service which belonged to his place as he was Dean of Westminster Mr. Iohn Cosens as Master of the Ecclesiastical Ceremonies kneeled behinde the Bishop when the Prayers were read and directed the Quire when to answer The Ceremony in going to and all the
favor of Roman Catholicks A difficulty concerning the Popes title on the Kings part Another on the Ambassadors part concerning prayers in the Kings Chappel A titular Bishop of Calcedon sent into England Preparations for conducting the Infanta into England No mention made in the Capitulations of restoring the Palatine Mr. Allured his Letter to the Duke The French jealous of this conjunction Pope Vrban to K. Iames. Pope Vrbans Letter to Prince Charls The Treaty begins to tend to a rupture The Prohibition to the Judges and Bishops in behalf of the Catholicks suspended Some of the English in Spain dislike the Match and Religion The Duke disgusted in Spain Buckingham and Bristol run different ways The Palatine by his Secretary labors to engage the Prince against the Marriage The Spaniard continues new delays The English Papists perplexed The Prince ready to depart from the Court of Spain leaves a Proxy with the Earl of Bristâ—l The Duke and Olivares part not Friends The Prince universally â—steemed His departure solemn The Prince feasted the Dons aboard his Ship and bringing them back again to the shore a storm surprises them Expressions of joy for the Princes safe return into England Private Instructions delivered to Bristol contrary to the Proxy Bristol in a Letter gives the Prince a good account of the business King Iames falls off and for a Condition of the Mariage demands the Restitution of the Palatinate Bristol and Asâ—â—n demur upon the new Instructions Sir Walter Aston endeavors to reconcile the Dâ—ke to Spain Advice to the King touching the Duke The Earl of Bristol is commanded by the King to follow the new Instructions King Iames puts the Palatine in hope by Proposal of new terms The Palatines Answer to those Terms proposed by the King The Netherlands appear ready to embrace the antient Union with England The Ratifiâ—â—â—ication come from the new Popâ— and when all is ready for the E 〈◊〉 ls thâ—n is the Maâ—ch dasht by order from England Bristol sends his Apology to K. Iames for having demurred upon the new Instructions Olivares offers Bristol large Preferments in the Kings name when he was to take his leave Bristols Answer to those Profers The Spaniards prepare for a War with England The L. Kensington sent Ambassador into France to feel the pulse of that Court touching a Match renders an account of his acceptance The King advised to call a Parliament The Kings Speech to the Parliament The King approves Sir Tho. Crew for Speaker who made this Speech The Dukes Narrative Both Houses of Parliament justifie the Duke in his Narrative His Majesties Answer to that Justification Both Houses of Parliament concur that the King may not honorably proceed in tâ—e Treaty of the Prince's Marriage and the Palatinate The Kings Speech 〈◊〉 Parliament perswaâ—â—â—â— him to break off the two Treaties of the Match and of the Palatinate Sir Edw. Sackvile's Speech Sir Edw. Sackvile's Speech The Parliaments Answer to the Kings Speech The Parliament offers his Majesty Three Subsidies and Three Fifteens if he break off both Treaties His Majesties Reply The King declares his Resolution to dissolve the Treaties The King accepts the aid proffered him King Iames his Letter to Secretary Conway touching a Petition against the Papists The Petition His Majesties Answer to the Petition The Spanish Ambassadors accuse Buckingham to the King of matters of high concernment The issue of those Accusations The Earl of Bristol protests against the Dukes Narration is imprisoned in the Tower The Speakers and the Kings Speech at the Adjournment of the Parliament Kings Iames demands the Town of Frankendal deposited in the Archducâ—hess hands Spinola marches out of the Town and immediately Re-enters King Iames very desirous of a Match with France The Match with France concluded Count Mansfield arrrives in England 12000 Foot and 200 horse raised to go under his command Scarce the third part of Count Mansfields Army came safe to Land Richard Smith made Bishop of Calcedon and sent into England with Episcopal Jurisdiction * The Duke of Buckingham Instructions to Mr Drummond The Privy-Counsellors present themselves to King Charles King Charles proclaimed at Theobalds At Whitehall In London The old Privy-Council new sworn The Councils advice to the King Proclamation concerning Persons in Office c. Proclamation of Government Resolution taken by the King concerning King Iames Funeral and his own Marriage A Parlamenâ— summoned King Iames Funeral Duke of Buckingham continues Favorite to King Charles Religion considered A general Muster Souldiers levied for the Palatinate Proclamation against disorders committed by Souldiers Articles of the marriage with France signed by the King Private Articles in favor of the Catholicks The Marriage solemnized in France The Duke sent into France for the Queen A Royal Navy sent to Bolâ—ign to transport the Queen The Marriage consummated at Canterbury The Trained Bands of Kent commanded to attend the Queen The King and Queen come to London A Chappel built at Somerset-house for the Queen A great Plague in London The Parliament opened The Kings Speech in Parliament The Lord Keepers Speech in Parliament Sir Tho. Crew Speaker Debates in the House of Commons A Fast. Committees chosen Message to the King touching Religion and his Answer Mr. Montague brought to the Bar. The Arminian party assert his cause The King takes Montagues businâ—â—â— into his own hand Two Subsidies presented to the King The King accepts them and desires more A short Answer to the Petition touching Religion The Parliament adjourned to Oxford The Exchequer removed to Richmond The Vantguard and seven other Ships employed against Rochel The Parliament meets again at Oxford Grievances Mr. Montague Summoned to appear His Cause recommended by the Bishops to the Duke The Appeal to Caesar disputed The Kings Speech in Christ-Church Lord Conway and Secretary Cook by the Kings Command declare the present slate of Affairs Lord Treasurer proceeds in that subject Debates in the House of Commons touching the present state of Affairs Complaints against Papists favored notwithstanding the Kings Answer to the Petition against them The Petition concerning Religion together with his 〈…〉 The Duke renders an account to both Houses of the Fleet. He speaks by way of Objection and Answer * The Earl of Bristol The Dukes Relation accasioned variety of Opinions in Parliament The Kings Message to the Commons Debates upon the Kings Message The Commons Declaration The Parliament dissolved The King follows his Design of War The Kings Proclamation to recal home children of Recusants The Kings Letter to the Lieutenants for the Loan of Money upon Privy-Seals Privy-Seals issued forth to certain Persons Warrants for disarming Recusants Letters directed to Lords Recusants Concourse of Papists prevented Viscount Wimbleton Commander in Chief in the Voyage to Cadez Lord Cromwels Letter to the Duke touching the Fleet. The Earl of Warwick secures Langer-Point in Essex English and Dutch Fleet before Dunkirk dispersed by a storm The General examined before the Council The
Navies in the charge of my Munition I made not choice of an old beaten Soldier for my Admiral but rather chose a Young man whose honesty and integrity I knew whose care hath been to appoint under him sufficient men to lessen my Charges which he hath done Touching the miserable dissentions in Christendom I was not the cause thereof For the appeasing whereof I sent my Lord of Doncaster whose journey cost me Three thousand five hundred pounds My Son in law sent to me for Advice but within three days after accepted of the Crown which I did never approve of for three Reasons First for Religion's sake as not holding with the Jesuites disposing of Kingdoms rather learning of our Saviour to uphold not to overthrow them Secondly I was not Iudge between them neither acquainted with the Laws of Bohemia Quis me Judicem fecit Thirdly I have treated a Peace and therefore will not be a Party Yet I left not to preserve my Childrens Patrimony For I had a Contribution of my Lords and Subjects which amounted to a great sum I borrowed of my Brother of Denmark Seven thousand five hundred pounds to help him and sent as much to him as made it up Ten thousand and Thirty thousand I sent to the Princes of the Union to hearten them I have lost no time Had the Princes of the Union done their parts that handful of men I sent had done theirs I intend to send by way of Perswasion which in this Age will little avail unless a strong hand assist Wherefore I purpose to provide an Army the next Summer and desire you to consider of my Necessities as you have done to my Predecessors Qui cito dat bis dat I will engage my Crown my Blood and my Soul in that Recovery You may be informed of me in things in course of Justice but I never sent to any of my Iudges to give sentence contrary to Law Consider the Trade for the making thereof better and shew me the reason why my Mint for these eight or nine years hath not gone I confess I have been liberal in my Grants but if I be informed I will amend all hurtful Grievances But who shall hasten after Grievances and desire to make himself popular he hath the spirit of Satan If I may know my Errors I will reform them I was in my first Parliament a Novice and in my last there was a kind of beasts called Undertakers a dozen of whom undertook to govern the last Parliament and they led me I shall thank you for your good office and desire that the World may say well of our agreement In this Parliament the Commons presented Sir Tho. Richardson for their Speaker The King minded his former engagements and in the beginning of the Parliament sends Sir Iohn Digby now made Lord Digby into Flanders to the Archduke Albertus to gain a present Cessation from War and to make way for a Treaty of Peace with the Emperor And also about the same time he sent Mr. George Gage to Rome to join with Padre Maestre the Spanish Agent in negotiating the Popes Dispensation The Archduke at Bruxels assented to a Reconciliation in favor of our King and obtained from Marquis Spinola a suspension of all hostility against the Country and Subjects of the Elector Palatine which continued till the death of Archduke Albert who died 17º Iulii following So the Lord Digby returned into England bringing the Cessation of Arms about the same time that Sir Edward Villers brought the Palsgrave's Submission But the Twelve years Peace between Spain and the United Provinces at this time expiring Spinola returned into Flanders and left the Palatinate to the Imperial Forces After the Assembly at Segenburgh the Palatine and his Princess took their journey into Holland where they found a refuge and noble entertainment with the Prince of Orange who gave a high testimony of honor to the Electress at her first arrival for her magnanimous carriage in Bohemia The Ambassage of Weston and Conway prevailed little The Emperor went on in a severe Reformation and frequent Executions among that vanquished people He destroyed most of their antient Laws and made new Ordinances declaring a soveraignty over them not as an Elected King but as a Lord by right of Conquest More Princes of the Union reconcile themselves to the Emperor The Imperial Protestant Towns Strasburgh Worms and Nuremburgh subscribe to Conditions of Peace The reconciled Princes and States intercede for the Elector Palatine but their motion displeased the Emperor who alleadged that the Palatine did not acknowledge his faults nor sue for Pardon but made Levies in Holland and elswhere to renew the War in the Empire For the King of Denmark the United Provinces and divers German Princes did adhere to the Palsgrave's cause and stickle for him But the Princes Confederates being already scattered and the heart of the Union broken Those counsels and enterprises of War on his behalf in stead of repressing the progress of the Austrian party did minister occasion of their more absolute and plenary Conquest But to return to the Parliament in England They petition the King for the due execution of Laws against Jesuites Seminary Priests and Popish Recusants Likewise they take in hand to redress the Peoples Grievances by illegal Patents and Projects and chiefly that of Inns and Alehouses for which there was a great Fine and an Annual Revenue throughout the Kingdom and the Monopoly of Gold and Silver-thread whereby the People were abused with base and counterfeit Wares But the examination of these Abuses was accompanied with the grant of Two Subsidies which was very acceptable to the King Sir Giles Mompesson was convented before the House of Commons for many heinous offences and misdemeanors in this kind to the intolerable grievance of the Subject the great dishonor of the King and the scandal of his Government This Delinquent was committed to prison but he escaped thence and got beyond sea and was pursued by the Kings Proclamation The Commons at a Conference with the Lords offered to prove That the Patents of Gold and Silver-Thread of Inns and Alehouses and of power to Compound for obsolete Laws of the Price of Horse-meat Starch Cords Tobacco-pipes Salt Train-oil and the rest were all illegal Howbeit they touch'd not the tender point of Prerogative but in restoring the Subjects liberty were careful to preserve the Kings honor The Lords resolved to admit no other business till this were ended Hereupon the King came to the House of Lords and there made a Speech MY Lords The last time I came hither my errand was to inform you as well as my memory could serve me of things so long past of the verity of my proceedings and the caution used by me in passing those Letters-Patents which are now in question before you to the effect that they might not be abused in the execution And this I did by way of
and Doctor Stuart to inform him of the nature of this cause and the scandal that might arise thereupon and to certifie what the same may amount unto whither to an irregularity or otherwise and what means may be found for redress However this consultation was managed the Archbishop was not deprived but a Plant was growing up that over-topped him whilst he lived and after his decease obtained the Primacy Doctor Laud who was first chosen to the Bishoprick of St. Davids by the Mediation of the Lord Keeper Williams and was consecrated by the Bishops of London Worcester Chichester Ely Landaff and Oxon the Archbishop in the mean time was not thought irregular for the Casual Homicide This Bishop Doctor Laud was looked upon in those times as an Arminian and a fierce opposer of Puritans and while he lived in Oxford suspected to incline to Popish Tenents as may appear by his Letter of Complaint sent to his Patron Doctor Neal then Bishop of Lincoln against a Sermon preached by Robert Abbot Doctor of the Chair in Oxford in which Letter he inclosed this amongst other Passages of the Doctors Sermon viz. That men under pretence of Truth and Preaching against the Puritans strike at the heart and root of Faith and Religion now established among us That this Preaching against the Puritans was but the practice of Parsons and Campions counsel when they came into England to seduce yong Students And when many of them were afraid to lose their places if they should professedly be thus the counsel they then gave them was That they should speak freely against the Puritans and that should suffice And they cannot intend that they are accounted Papists because they speak against the Puritans But because they indeed are Papists they speak nothing against them If they do at any time speak against the Papists they do beat a little upon the Bush and that softly too for fear of troubling or disquieting the Birds that are in it I Came time enough saith Mr. Laud to be at the rehearsal of this Sermon upon much perswasion where I was fain to sit patiently and hear my self abused almost an hour together being pointed at as I sate For this present abuse I would have taken no notice of it but that the whole University apply it to me and my own Friends tell me I shall sink my credit if I answer not Dr. Abbot in his own Nevertheless in a business of this kinde I will not be swayed from a patient course onely I desire your Lordship to vouchsafe me some direction what to do c. The Arminian Sect opposed by King Iames and by his special concurrence lately broken in the Netherlands by the beheading of Barnevalt the cheif of them began in his latter times to spring up in England and was countenanced by the said Prelate who had newly obtained the opinion and favor of the Marquess of Buckingham The Kings main design then not suffering the suppressing of that way which in common judgment was inclined to Popery or he thought to recover all his losses and to salve all misfortunes by the Spanish Match And for this cause he released multitudes of Priests and Popish Recusants then imprisoned which the Spaniards professed to be a great demonstration of the Kings sincere affection to confirm the correspondence and amity between the Crowns And that this enlargement might be the more expedite and less chargeable the King gave directions to the Lord Keeper Williams Bishop of Lincoln THat whereas he had formerly given order for the release of Recusants by removing them from the several Goals of this Kingdom to be bailed before the Justices of his Bench And finding that this course will be troublesome to the poorer sort of them he doth now require that Writs be directed to the Justices of Assizes enabling and requiring them to enlarge such Recusants as they shall finde in their several Goals upon such conditions and securities as were required by the Judges of his Bench. Accordingly the Writs were issued forth under the Great Seal and the Lord Keeper wrote to the Judges on this manner THat the King having upon deep Reasons of State and in expectation of the like correspondence from Forein Princes to the Professors of our Religion resolved to grant some Grace to the imprisoned Papists had commanded him to pass some Writs under the Broad Seal for that purpose Wherefore it is his Majesties pleasure that they make no niceness or difficulty to extend his Princely favor to all such as they shall finde prisoners in the Gaols of their Circuits for any Church Recusancy or refusing the Oath of Supremacy or dispersing of Popish Books or any other point of Recusancy that shall concern Religion onely and not matters of State But a general offence was taken at this Indulgence to Papists and the Lord Keepers Letter to the Judges which how the Keeper endevored to renounce may be seen in his Letter written to a Person of Honor. AS the Sun in the Firmament appears unto us no bigger then a Platter and the Stars are but as so many Nails in the Pummel of a Saddle because of the enlargement and disproportion between our eye and the object So is there such an unmeasurable distance between the deep resolution of a Prince and the shallow apprehensions of common and ordinary people That as they will ever be judging and censuring so they must needs be obnoxious to error and mistaking The King is now a most Zealous Intercessor for some case and refreshment to all the Protestants in Europe which were unreasonable if he did now execute the rigor of his Laws against the Roman Catholicks Our Viperous Countrymen the English Iesuites in France had many moneths before this favor granted invited the French King by writing a malicious Book to put all the Statutes in execution against the Protestants in those parts which were Enacted in England against the Papists and as they falsly informed severely executed Besides these Papists are no otherwise out of prison then with their shackles about their heels sufficient Sureties and good Recognizances to present themselves at the next Assizes and their own demeanor and the success of his Majesties Negotiations must determine whether they shall continue in this Grace But to conclude from the favor done to the English Papists that the King savors the Romish Religion is a composition of Folly and Malice little deserved by a gratious Prince who by Word Writing Exercise of Religion and Acts of Parliament hath demonstrated himself so resolved a Protestant As for his own Letter to the Iudges he said it recited onely four kindes of Recusancy capable of the Kings clemency not so much to include them as to exclude many other Crimes bearing the name of Recusancy as using the Function of a Romish Priest seducing the Kings Leige-people from the established Religion aspersing the King Church or State or the present Government All which Offences being
other Ambassadors will do so no more I am a good Master that never doubted of him for I know him to be so good a Schollar of mine that I say without vanâ—ty he will not exceed his Masters Dictates And I trust the Report not the worse he made because it is approved by you all yet I believe an honest man as much as all the World and the rather because he was a Disciple of mine And I am glad he hath so well satisfied you and thank you heartily for taking it in so good part as I finde you have done The Lords having debated those high Matters of State which the King put into their hands delivered their opinions That his Majesty cannot with honor and safety and with the conveniency of State and Religion proceed any further in the Treaty of the Princes Marriage nor relie any longer upon the Treaty for the recovery of the Palatinate in which Vote the Commons concurred with them And in this manner both Houses Addressed themselves to the King May it please your most Excellent Majesty WE are come unto you imployed from your most faithful Subjects and Servants the Lords and Commons assembled in this present Parliament And first They and we do give most humble and hearty thanks unto Almighty God that out of his gracious goodness he hath been pleased now at last to dispel the Clouds and Mists which for so many years have dimmed the eyes of a great part of Christendom in the business whereof we do now consult And secondly We acknowledge our selves most bound unto your Majesty that you have been pleased to require the humble Advice of us your obedient Subjects in a Case so important as this is which hitherto dependeth between your Majesty and the King of Spain Which we jointly offer from both Houses no one person there dissenting or disagreeing from the rest And it is upon mature consideration and weighing many particulars of sundry natures that finding so much wanâ— of Sincerity in all their Proceedings We super totam materiam present this our humble Address unto your Majesty That the Treaties both for the Marriage and the Palatinate may not any longer be continued with the honor of your Majesty the safety of your People the welfare of your Children and Posterity as also the assurance of your antient Allies and Confederates Reasons were also presented to fortifie this Vote Whereas the Propositions of the Match were at the first no more then Liberty of Conscience to the Infanta and her Family which the King might in honor grant The Spaniards taking advantage of the Prince's being in Spain importuned a General Connivence of Religion to the diminution of the Kings Soveraignty and against the usage of other Catholick Princes in the like Treaties and to the discouragement of all his well-affected Subjects And this they have labored with the Pope being of mischievous consequence During this Treaty the Popish Faction hath mightily increased And whereas heretofore they were wont to be divided some taking part with the Secular Priests and some with the Iesuites they are united which is a matter of great consequence considering they do as well depend on Spain for Temporal matters as on Rome for Spiritual And they cannot be suppressed as long as the Treaty holds They have by this Treaty devoured our Allies and the Protestant party in Germany and elswhere to the decay of true Religion and to the jealousie of our Friends beyond the Seas During this Treaty of Love they have spoiled his Majesties Son-in-law of his Lands and Honors and notwithstanding promises of Restitution still invaded his Rights and at length turned pretended Difficulties into apparent Impossibilities They have deluded our King and offered indignity to our Prince by importuning him again and again to a Conversion contrary â—o the Law of Hospitality and the Priviledge of Princes The Insincerity of their Proceedings is to be seen by that former Overture of Marriage for the late Prince Henry which after many specious Motions was followed with a disavowing of their own Ambassador and a scornful Proposition made to the King of the Prince's altering his Religion As also by the Treaty of Bruxels where the Lord Weston found nothing but Delays and Deceit and after divers peremptory Commands from Spain for his Majesties satisfaction it wrought no other effect then the Besieging and taking of Heidelburgh insomuch that the Ambassador was forced to protest and return To these things were added the Translation of the Electorate to the Duke of Bavaria and the Letter of the King of Spain to Conde Olivares with the Conde's Answer which imported that the Match was never intended As also after the Prince had taken a hazardous Journey they devised a shift by a Iuncto of Divines to let him come home without the Lady These Reasons were presented to the King by the universal consent of the House of Commons Hereupon the King came to Parliament and made a Speech deliberative enquiring into the Condition of the War which they advised and the means to uphold and carry it on My Lords and Gentlemen all I Have cause first to thank God with my heart and all the faculties of my mind that my Speech which I delivered in Parliament hath taken so good effect amongst you as that with an unanimous consent you have freely and speedily given me your Advice in this great Business for which I also thank you all as heartily as I can I also give my particular thanks to the Gentlemen of the Lower House for that I heard when some would have cast Jealousies and Doubts between me and my people they presently quelled those motions which otherwise might indeed have hindred the happy Agreement I hope to find in this Parliament You give me your Advice to break off both the Treaties as well concerning the Match as the Palatinate And now give me leave as an old King to propound my Doubts and hereafter to give you my Answer First it is true that I who have been all the days of my life a peaceable King and have had the honor in my Titles and Impresses to be stiled Rex Paciâ—icus should be loth without necessity to imbroil my self with War far from my Nature and from my Honor which I have had at home and abroad in endeavouring to avoid the effusion of Christian blood of which too much hath been shed and so much against my heart I say that unless it be upon such a Necessity that I may call it as some say merrily of Women Malum necessarium I should be loth to enter into it And I must likewise acquaint you that I have had no small hope given me of obtaining better Conditions for the Restitution of the Palatinate and that even since the sitting down of the Parliament But be not jealous or think me such a King that would under pretence of asking your Advice put a scorn upon you by disdaining and rejecting it For you
the Parliament to tend to the Kings dishonor and disturbance of Church and State and took Bond for his appearance Hereupon the King intimated to the House that the things determined concerning Mountague without his Privity did not please him for that he was his Servant and Chaplain in Ordinary and he had taken the business into his own hands whereat the Commons seemed to be much displeased Howbeit to take away all occasion of disgust from the King at the entrance of his Reign both Houses did humbly present two Subsidies granted to his Majesty as the first-fruits of their love whereof they craved acceptance The Lord Conway Secretary of State signified to the House of Lords the Commons being present the Kings gracious acceptance of the Bill of Two Subsidies Yet that the necessities of the present Affairs were not therein satisfied but required their further Counsels He reminded them that the late King was provoked beyond his nature to undertake a War for the recovery of his Childrens Antient Patrimony The charges of this War appeared by Computation to amount unto Seven hundred thousand pounds a year to support the Netherlands and to prevent the Emperors design of concluding with the Princes of Germany utterly to exclude the Palsgrave he levied an Army under Count Mansfield The Kings of Denmark and Sweden and the Princes of Germany levied another France Savoy and Venice joyned together for a War of Diversion and to uphold the Netherlands the charges of Mansfield and Denmarks Army must yet continue After this the Lord Keeper delivered a short Message from the King to both Houses That to the Petition of the Lords and Commons touching Religion his Majesty was pleased at the first to answer Gratiously but now he hath sent them a fuller Answer even an assurance of his real performance in every particular The Houses were preparing several Acts as against giving and taking of Bribes for places of Judicature about pressing of Soldiers and Tonnage and Poundage c. But by reason of the great increase of the Plague as appeared that week by the Bill of Mortality the King being moved by the Houses to grant a short Recess adjourned the Parliament to Oxford to reassemble the first of August following And for the same reason the receipt of the Kings Exchequer was removed from Westminster to Richmond and all Fairs within Fifty miles of London were prohibited to prevent a more general contagion In the time of this Recess the Vantguard a principal Ship of the Royal Navy with seven Merchant Ships of great burden and strength were lent to the French King and employed against Rochel which was thus brought about King Iames in his life time being in Treaty for a Marriage between his Son and the now Queen and entring into a War against the King of Spain and his Allies in Italy and the Valtoline had passed some Promise for the procuring or lending of ships to the French King upon reasonable Conditions but in no wise intending they should serve against Rochel or any of our Religion in France For the French Ministers pretended that the Ships should be employed onely against Genoa but afterwards the Protestants in France intimating their suspition that the design for Italy was a meer pretence to make up an Army to fall upon the Rochellers and others of the Religion King Iames willing to perform his promise and yet to secure the Protestants directed that the greater number of those that served in the Ships should be English whereby he might keep the power in his own hands For the performance of this Engagement the forenamed Ships were at this time commanded to the Coasts of France Nevertheless there wanted a sufficient care to prevent the abusing and inslaving them to the designs of the French King Captain Iohn Pennington the Admiral of this Fleet was much unsatisfied and presented to the Duke of Buckingham Lord High Admiral his Exceptions to the Contract between his Majesty and that King and chiefly for that the Companies were bound to fight at the French Kings Command against any Nation except their own and that the French might put aboard them as many of their own people as they pleased The Vantguard arived at Deep but the rest lingred behinde for the Companies understanding that the French design was to surprise the Ships and to block up the Harbor of Rochel resolved to sink rather then go against those of their own Religion Captain Pennington received Letters from the Duke and a Warrant from Secretary Conway in the Kings Name to command him to deliver up the Ships to the hands of such Frenchmen as his Christian Majesty shall appoint but withal directing him not to dissert his charge by which latter passage he was willing to understand that it was not the Dukes intention that he should dispossess himself and his Companies of them for he supposed his Grace had no such unjust thought as to continue him there alone These Orders were delivered unto him by the hands of the French Ambassador together with a Letter from the French King which willed him to receive his Soldiers and his Admiral the Duke of Montmorance and joyn with his Fleet against his Rebellious Subjects Whereupon the Ambassador urged the Surrender of the Ship and nothing would satisfie him but a present possession and a discharge of the English Soldiers save a very few in case they were willing to be entertained in the service Pennington after much dispute although he were promised an ample reward in Money to be given him at the Surrender and of a Royal Pension during his life came to this resolute Answer That without an express and clear Warrant he would not surrender nor discharge a man of his Company Whereupon the French Ambassadors Secretary came two several times to the Ship to protest against the Captain as a Rebel to his King and Countrey but at the making of the last Protest which was accompanied with threatning Speeches the Soldiers and Mariners grew into such a fury and tumult that they got up their Anchors and set fail for England saying They would rather be hanged at home then surrender the Ship or be Slaves to the French and fight against their own Religion All which Captain Pennington did not gainsay nor oppose but when they came to Anchor in the Downs he advertised the Duke of all that had hapned and craved further direction but complained of the Bondage of this Engagement assuring him That the Mariners would rather be hanged then return again into France So in all the rest of the Ships the Captains and Companies utterly refused the Service and protested against it though they were tempted with Chains of Gold and other Rewards All this while the Body of the Council were ignorant of any other design then thâ— of Genoa then divers persons came over from the Duke of Rohan and the Protestants of France to sollicit the King and Council against
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
and he will improve it to your honor and the good of Religion as you issue nothing that is loss so you will bring home something that is gain and henceforward maintain the War by the perquisites thereof make but once an Entrance it may afterwards be maintained with profit when the Enemy is declared you may have Letters of Mart none shall be denied I have not been so idle but I shall make Propositions of advantage whither your selves may go and shall have the honey of the business August 9. 1625. After the Commons returned from the House of Lords they made Report of this Business unto the House which occasioned variety of Opinions Some were for giving the King present Supply who had made so gracious an Answer to the Petition for Religion and given direction that the same should be Inrolled pressing further That this Supply was not for the Kings own particular Wants but for the Honor and Defence of the Kingdom and that it might prove dangerous not to comply with the King in a modest and just desire Others were of a contrary minde and said It was requisite to present to his Majesty the means how he may live glorious at home and how he may be feared abroad by having his Designs better mannaged and an Enemy Declared Then may spurs be added to the Sea-horse and the King of Spain infested at a lesser charge and we better secured from Papists at home whose hearts are knit with the Spaniard and whose Estates may liberally contribute to the War and the great Sums given for Honors and Offices would go far in setting forth a Fleet at Sea and the Subject not be always importuned for Supply But the further Debate of this Business was put off till the next day being Wednesday the Tenth of August The next day the King sends a Message to the Commons wherein he takes notice that the House intended to enter into Consideration of divers heads concerning the King and the Common-wealth that he was pleased with their good intentions but desired them to consider his Affairs which require a speedy dispatch the season of the year was far spent yet the time not unseasonable for the Design that if the Plague should happen in the Navy the Action would be lost that if any of the House should be touched with the sickness much inconvenience would ensue by an abrupt breaking up therefore desires a present Answer about Supply if not he will take more care of the Commons then they will of themselves and will make as good a shift for himself as he can to go through with this present occasion and offereth that the Parliament shall meet again in Winter at what time they please upon his Royal word and hold together till they have perfected all things for the good of the Common-wealth and the King which are now in conception and desires them to consider it was the first Request that ever he made unto them Hereupon some earnestly pressed the giving of two Subsidies and two Fifteens his Majesties honor and the Necessity of his Affairs requiring it as it appeared out of Considerations already frequently represented Others replied that Necessity is a dangerous Counsellor and is a continual Argument of Supplies in all Parliaments that those Counsellors who have put the King and Kingdom into such a Necessity and hazard ought to answer for it whosoever they be that if the State of things will not admit a Redress of Grievances surely there is not so much necessity for money to give Subsidy upon Subsidy in one Parliament is not usual in the Eighteenth year of Henry the third there was one punished for pressing of more Subsidies when Subsidies had been granted before in that Parliament In the end it was proposed that a Report be made to the King that they have regard to his Honor Necessity and Safety and the safety of the Kingdom and that they will assist his Majesty in any honorable Action grounded upon sound Councils and that something be drawn up in writing to that purpose accordingly the House agreed upon a short Declaration which was assented unto without a Negative WE the Knights Cittzens and Burgesses of the Commons House of Parliament being the Representative body of the whole Commons of this Realm abundantly comforted in his Majesties late gracious Answer touching Religion and his Message for the care of our health do Solemnly protest and vow before God and the world with one heart and voice that we are all resolved and do hereby declare that we will ever continue most Loyal and obedient Subjects to our most gracious Soveraign Lord King Charles and that we will be ready in convenient time and in a Parliamentary way freely and dutifully to do our utmost endeavors to discover and reform the Abuses and Grievances of the Realm and State and in like sort of afford all necessary Supply to his most Excellent Majesty upon his present and all other his just Occasions and Designs most humbly beseeching our said Dear and Dread Soveraign in his Princely wisdom and goodness to rest assured of the true and hearty affections of his poor Commons and to esteem the same to be as we conceive it is indeed the greatest worldly reputation and security that a just King can have and to accompt all such as slanderers of the peoples affections and Enemies to the Common-wealth that shall dare to say the contrary This Declaration was sent to the King by such of the Privy-Council as were Members of the House Notwithstanding the King perceiving the House resolved against Supply without Redress of Grievances and in their Debates to reflect upon some great Persons near unto him the 12th of August sent to the House of Peers a Commission directed to several Lords for the Dissolution of the Parliament whereupon the Gentleman-Usher was commanded to signifie to the Speaker of the House of Commons that the Lords had received his Majesties Commission which was read unto both Houses whereupon the Commons with their Speaker went up presently to the Lords heard the Commission read and the Parliament declared to be dissolved At this Parliament begun and holden by Prorogation at Westminster the 18th day of Iune Anno Regis Caroli Primo 1625. these Acts were passed 1. AN Act for the punishing of divers Abuses committed on the Lords-Day commonly called Sunday 2. An Act to enable the King to make Leases of Lands parcel of the Dutchy of Cornwal 3. An Act for the ease of obtaining Licenses of Alienation and in the pleading of Alienations with licence or of Pardons of Alienations without licence in the Court of Exchequer or elsewhere 4. An Act to restrain Tipling in Inns and Ale-houses 5. An Act for the Subsidy of the Clergy 6. An Act for the two Subsidies of the Temporalty 7. An Act that this Session of Parliament shall not determine by his Majesties assent to this and some other Acts. 8. An Act
which though it do invite him to render unto you such a satisfaction that he hopes may acquit and restore him to your good opinion and might prevent your proceedings which otherwise by a Parliamentary course are like to follow Yet according to his duty having moved the Lords of the Upper House upon your notice given him they would by no means as things now stand give him leave to answer in regard he is not ignorant you are presently to enter into consideration of his Majesties Message and that by a delay therein your own purposes will be in some sort disappointed and the affairs of Christendome much prejudiced but for that upon a resolution you have deferred and respited that service until those things depending against him be first determined he out of fear that his necessary defence would spin out a great deal of time which is more precious is the willinger to obey their Lordships that so he might hasten without obstacle or interruption given unto him to keep day with his Majesty And this he doth as he conceives to his own infinite prejudice knowing how grievous it is to be transmitted as a Grievance by the voice of this House But he doth profess he will rather hazard the safety of his Fortunes Reputation and himself then to be the least occasion of any that may work dis-affection or mis-understanding between the King and his People And it is his Protestation that whatsoever interruption is made by his actions his endeavors shall be as long as he hath any favor with his gracious Master to take opportunity of doing good offices to this House and of rendring all that he can be able for the safety of the State and the general good of the Common-wealth And this he saith you may the easier beleeve because his Majesty can witness that he hazarded in his Fathers time the loss of the best affection of the best of Masters to obtain for them their desire In this zeal he was desirous to have appeared unto you ever since the beginning of this Parliament and in this zeal he doth now present himself unto you But to return to the main point he lest we should be mistaken gave us occasion in plain words to remember you that it is not he that doth refuse to answer but the Lords commanded him not to answer which he the cheerfullier obeyed in respect of his fidelity to prefer the Universal Weal before his own particular And in the mean time he desireth the charitable opinion of this Noble House until he be convinced that he shall appear not worthy of it which his own innocency maketh him confident that he shall not Whilst the Duke stood ready to be impeacht his Grace propounded to the Lords of the Council to have it moved to the King that in regard of the important services by Sea the usual pay to the Sailers might be raised from Fourteen to Twenty shillings a Moneth which was as much as they ordinarily received for Merchants wages The King being therein moved was consenting Nevertheless multitudes of the pressed Mariners ran away leaving his Majesties Ships unfurnished and his Service disappointed There was a great Debate in the House of Commons Whether the Committee of Twelve where Mr. Glanvile had the Chair shall consider of any new matter not heretofore propounded in the House against the Duke And it was resolved in the Affirmative Mr. Glanvile reports from the Committee the Examination concerning a Plaister and a Posset applied and given to King Iames in his sickness when the Kings sworne Physicians had agreed upon other Directions Hereupon it was resolved That this should be annexed to the Charge against the Duke as a transcendent Presumption of dangerous consequence Hereupon his Majesty sent this Message to the Commons THat he having given way to Enquiry about the Duke of Buckingham and hearing that there is new matter intended to be brought against him nevertheless leaveth the House to their own way to present the business to him or to the Lords withal adviseth them to consider of the season of the year and to avoid all loss of time It was Ordered That thanks should be returned to his Majesty for this Message On Monday the First of May the Gentleman-Usher brought the Earl of Bristol to the Bar according to their Lordships Order and the Lord Keeper acquainted him That the King had commanded his Attorney General to charge the Earl of Bristol before their Lordships with High Treason and other Offences and Misdemeanors of a very high nature that they might proceed in a Legal course against him according to the Justice and usual proceedings of Parliament I. Offences done and committed by the Earl of Bristol before His Majesties going into Spain when he was Prince I. THat the said Earl being trusted and employed by the said late King as his Ambassador to Ferdinando then and now Emperor of Germany and to Philip the Fourth then and now King of Spain in Annis 1621.22 and 23. And having Commission and particular and special Direction to Treat with the said Emperor and the King of Spain for the plenary restoring of such parts of the Dominions Territories and Possessions of the Count Palatine of Rhine who married with the most Excellent Lady Elizabeth his now Royal Consort the onely Daughter of the said late King Iames which were then wrongfully and in hostile manner taken and possessed with and by the Armies of the said Emperor and King of Spain or any other and for preserving and keeping such other parts thereof as were not then lost but were then in the protection of the said late King Iames and to the use of the said Count Palatine and his Children And also to Treat with the said King of Spain for a Marriage to be had between the most High and Excellent Prince Charls then Prince of Wales the onely Son and Heir Apparant of the said King Iames and now our most Soveraign Lord and the most Illustrious Lady Donna Maria the Infanta of Spain Sister to the now King of Spain He the said Earl contrary to his duty and Alleagiance and contrary to the trust and duty of an Ambassador at Madrid in the Kingdom of Spain to advance and further the designs of the said King of Spain against our said Soveraign Lord his Children Friends and Allies falsly willingly and traiterously and as a Traitor to our said late Soveraign Lord the King by sundry Letters and other Messages sent by the said Earl from Madrid in the years aforesaid unto King Iames and his Ministers of State of England did confidently and resolutely inform advise and assure the said late King That the said Emperor and King of Spain would really fully and effectually make restitution and plenary restauration to the said Count Palatine and his Children of the said Dominions Territories and Possessions of the said Count Palatine and of the said Electoral Dignity And that the said King of
his the said Ambassadors last return into Spain in the Summer An. 1622. To carry his Majesty then Prince into Spain to the end he might be informed and instructed in the Roman Religion and thereby have perverted the Prince and subverted the true Religion established in England From which misery this Kingdom next under Gods mercy hath by the wise religious and constant carriage of his Majesty been almost miraculously delivered considering the many bold and subtile attempts of the said Duke in that kind II. That Mr. Porter was made acquainted therewith and sent into Spain and such Messages at his return framed as might serve for a ground to set on foot this Conspiracie The which was done accordingly and thereby the King and Prince highly abused and their Consents thereby first gotten to the said Journey that is to say after the return of the said Mr. Porter which was about the end of December or the beginning of Ianuary 1622. whereas the said Duke had plotted it many moneths before III. That the said Duke at his arrival in Spain nourished the Spanish Ministers not only in the belief of his own being Popishly affected but did both by absenting himself from all Exercises of Religion constantly used in the Earl of Bristols house and frequented by all other Protestant English and by conforming himself to please the Spaniards in divers Rites of their Religion even so far as to kneel and adore their Sacrament from time to time give the Spaniards hope of the Prince his Conversion The which Conversion he endeavored to procure by all means possible and thereby caused the Spanish Ministers to propound far worse Conditions for Religion then had been formerly by the Earl of Bristol and Sir Walter Aston setled and signed under their Majesties hands with a Clause in the King of Spain's Answer of Decemb. 12. 1622. That they held the Articles agreed upon sufficient and such as ought to induce the Pope to the granting of the Dispensation IV. That the Duke of Buckingham having several times in the presence of the Earl of Bristol moved and pressed his late Majesty at the instance of the Conde of Gondomar to write a Letter unto the Pope and to that purpose having once brought a Letter ready drawn wherewith the Earl of Bristol by his Majesty being made acquainted did so strongly oppose the writing of any such Letter that during the abode of the said Earl of Bristol in England the said Duke could not obtain it yet not long after the Earl was gone he procured such a Letter to be written from his late Majesty unto the Pope and to have him stiled Sanctissime Pater V. That the Pope being informed of the Duke of Buckingham's inclination and intention in point of Religion sent unto the said Duke a particular Bull in parchment for to perswade and encourage him in the perversion of his Majesty then Prince VI. That the said Dukes behaviour in Spain was such that he thereby so incensed the King of Spain and his Ministers as they would admit of no reconciliation nor further dealing with him Whereupon the said Duke seeing that the Match would be now to his disadvantage he endeavored to break it not for any service to the Kingdom nor dislike of the Match in it self nor for that he found as since he hath pretended that the Spaniards did not really intend the said Match but out of his particular ends and his indignation VII That after he intended to cross the Marriage he put in practice divers undue courses as namely making use of the Letters of his Majesty then Prince to his own ends and not to what they were intended as likewise concealing divers things of high importance from his late Majesty and thereby overthrew his Majesties purposes and advanced his own ends VIII That the said Duke as he had with his skill and artifices formerly abused their Majesties so to the same end he afterwards abused both Houses of Parliament by his sinister Relation of the carriage of Affairs as shall be made appear almost in every particular that he spake unto the said Houses IX As for scandal given by his personal behaviour as also the imploying of his power with the King of Spain for the procuring of Favors and Offices which he bestowed upon base and unworthy persons for the recompence and hire of his Lust These things as neither fit for the Earl of Bristol to speak nor indeed for the House to hear he leaveth to your Lordships wisdom how far you will be pleased to have them examined It having been indeed a great infamy and dishonor to this Nation that a Person of the Dukes great quality and imployments a Privy-Counsellor an Ambassador eminent in his Masters favor and solely trusted with the Person of the Prince should leave behind him in a Forein Court so much scandal as he did by his ill behaviour X. That the Duke hath been in great part the Cause of the ruine and misfortune of the Prince Palatine and his Estates in as much as those Affairs had relation unto this Kingdom XI That the Duke of Buckingham hath in his Relations to both Houses of Parliament wronged the Earl of Bristol in point of his Honor by many sinister aspersions which he hath laid upon him and in point of his Liberty by many undue Courses through his power and practices XII That the Earl of Bristol did reveal unto his late Majesty both by word and letter in what sort the said Duke had disserved him and abused his trust And that the King by several ways sent him word That he should rest assured he would hear the said Earl but that he should leave it to him to take his own time And thereupon few days before his sickness he sent the Earl word that he would hear him against the said Duke as well as he had heard the said Duke against him Which the Duke himself heard And not long after his blessed Majesty sickned and died having been in the interim much vexed and pressed by the said Duke Articles of the Earl of Bristol against the Lord Conway bearing Date 1 Maii 1626. I. THat the Lord Conway is so great a Servant of the Duke of Buckingham's that he hath not stuck to send the Earl of Bristol plain word That if businesses could not be accommodated betwixt him and the Duke he must then adhere and declare himself for the said Duke and therefore unfit to be a Judge in any thing that concerneth the Duke or the Earl II. That the said Lord Conway professeth himself to be a Secretary of the Duke of Buckingham's creation and so acknowledgeth it under his own hand And although that he be the Kings Secretary of State and a Privy-Counsellor he usually beginneth his Letters to the Duke Most gracious Patron III. That as a Creature of the said Dukes the said Lord Conway hath been made the Instrument of keeping the Earl of Bristol from the Kings presence and
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
the Ship to be out of their Jurisdiction if the Warrant come from the Lord Admiral they will pretend it to be within the Jurisdiction of the Cinque Ports And so whilst the Officers dispute the opportunity of the service is lost 7. When the Kings Ships lie near the Ports and the men come on shore the Officers refuse to assist the Captains to reduce them to the Ships without the Lord Wardens Warrant 8. If the Kings Ships on the sudden have any need of Pilots for the Sands Coasts of Flanders or the like wherein the Portsmen are best experienced they will not serve without the Lord Wardens or his Lieutenants Warrant who perhaps are not near the place 9. When for great occasions for the service of the State the Lord Admiral and Lord Warden must both joyn their Authority if the Officers for want of true understanding of their several Limits and Jurisdictions mistake their Warrants the service which many times can endure no delay is lost or not so effectually performed For these and many other Reasons of the like kinde the Duke not being led either with ambition or hope of profit as hath been objected for it could be no encrease of Honor to him having been honored before with a greater place nor of profit for it hath not yielded him in any matter any profit at all nor is like to yield him above Three hundred pounds per annum at any time but out of his desire to make himself the more able to do the King and Kingdom service and prevent all differences and difficulties which heretofore had or hereafter might hinder the same He did entertain that motion and doth confess that not knowing or so much as thinking of the said Act of Parliament before mentioned he did agree to give the said Lord One thousand pounds in money and Five hundred pounds per annum in respect of his Surrender he not being willing to leave his place without such consideration nor the Duke willing to have it without his full satisfaction and the occasion why the Duke of Buckingham gave that consideration to the Lord Zouch was because the Duke of Richmond in his life time had first agreed to give the same consideration for it and if he had lived he had had that place upon the same terms And when the said Duke of Richmond was dead his late Majesty directed the Duke of Buckingham to go thorow for that place and for the Reasons before-mentioned to put both these Offices together and to give the same consideration to the said Lord which the Duke of Richmond should have given and his late Majesty said he would repay the money And how far this act of his in acquiring this Office accompanied with these Circumstances may be within the danger of the Law the King being privy to all the passages of it and encouraging and directing it he humbly submitteth to your judgement and he humbly leaves it to your Lordships judgments in what third way an antient servant to the Crown by age or infirmity disabled to perform his service can in an honorable course relinquish his place for if the King himself give the Reward it may be said it is a charge to the Crown if the succeeding Officer give the Recompence it may thus be objected to be within the danger of the Law And howsoever it be yet he hopeth it shall not be held in him a crime when his intentions were just and honorable and for the furtherance of the Kings service neither is it without president that in former times of great employment both these Offices were put into one hand by several Grants To this Article whereby the not guarding of the Narrow Seas in these last two years by the Duke according to the trust and duty of an Admiral is laid to his charge whereof the consequence supposed to have been meerly through his default are the ignominious infesting of the Coasts with Pirats and Enemies the endangering of the Dominion of these Seas the extream loss of the Merchants and the decay of the Trade and Strength of the Kingdom The Duke maketh this Answer That he doubteth not but he shall make it appear to the good satisfaction of your Lordships that albeit there hath hapned much loss to the Kings Subjects within the said time of two years by Pirats and Enemies yet that hath not hapned by the neglect of the Duke or want of care and diligence in his place For whereas in former times the ordinary Guard allowed for the Narrow Seas hath been but four Ships the Duke hath since Hostility begun and before procured their number to be much increased for since Iune 1624. there hath never been fewer then Five of the Kings Ships and ordinarily Six besides Pinnaces Merchants Ships and Drumblers and since open hostility Eight of the Kings Ships besides Merchants of greater number and Pinnaces and Drumblers and all these well furnished and manned sufficiently instructed and authorised for the service He saith he hath from time to time upon all occasions acquainted his Majesty and the Council-Bord therewith and craved their advice and used the assistance of the Commissioners for the Navy in this service and for the Dunkirkers who have of late more infested these Coasts then in former years he saith There was that Providence used for the repressing of them that his Majesties Ships and the Hollanders joyning together the Port of Dunkirk was blocked up and so should have continued had not a sudden storm dispersed them which being the immediate hand of God could not by any pollicy of man be prevented at which time they took the opportunity to Rove abroad but it hath been so far from endangering the Dominion of the Narrow Seas thereby as is suggested That his Majesties Ships or Men of War were never yet mastered nor encountred by them nor will they endure the sight of any of our Ships and when the Duke himself was in person the Dunkirkers run into their Harbors But here is a necessity that according to the fortune of Wars interchangeable losses will happen yet hitherto notwithstanding their more then wonted insolency the loss of the Enemies part hath been as much if not more then what hath hapned to us and that loss that hath faln hath cheifly come by this means that the Dunkirkers Ships being of late years exercised in continual hostility with the Hollanders are built of a Mold as fit for flight as for fight and so they pilfer upon our Coasts and creep to the shore and escape from the Kings Ships But to prevent that inconvenience for the time to come there is already order taken for the building some Ships which shall be of the like Mold light and quick of sail to meet with the adverse party in their own way And for the Pirates of Sallie and those parts he saith it is but very lately that they found the way into our Coasts where by surprise they might easily do
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort and strong hopes that this will prove as happy a Parliament as ever was in England And in their Consultations for the service of his Majesty and the safety of this Kingdom our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great wisdoms they doubt not have considered a great Body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient Order of their House But it is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded cannot but work in our hearts and we will faithfully report these Passages to our House from whence in due time we hope your Lordships shall receive a contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
meanings Touching which it was observed that most of his places are such as were intended by the Authors concerning absolute Monarchies not regulated by Laws or Contracts betwixt the King and his People and in answer to all Authorities of this kinde were alledged certain passages of a Speech from our late Soveraign King Iames to â—he Lords and Commons in Parliament 1609. In these our times we are to distinguish betwixt the state of Kings in their first original and between the state of setled Kings and Monarchs that do at this time govern in Civil Kingdoms c. Every just King in a setled Kingdom is bound to observe the paction made to his People by his Laws in framing his Government agreeable thereunto c. All Kings that are not Tyrants or perjured will be glad to bound themselves within the limits of their Laws and they that perswade them to the contrary are Vipers and Pests both against them and the Commonwealth It was secondly observed that in the 27. page of his first Sermon he cites these words out of Suarez de legibus lib. 5. cap. 17. Acceptationem populi non esse conditionem necessariam ex vi Iuris naturalis aut gentium neque ex Iure communi the Jesuit adds neque ex antiquo Jure Hispaniae which words are left our by the Doctor lest the Reader might be invited to enquire what was antiquâ—m jus Hispaniae and it might have been learned from the same Author in another place of that Work that about two hundred years since this liberty was granted to the People by one of the Kings that no Tribute should be imposed without their consent And the Author adds further that after the Law introduced and confirmed by Custome the King is bound to observe it From this place he took occasion to make this short digression That the Kings of Spain being powerful and wise Princes would never have parted with such a mark of absolute Royalty if they had not found in this course more advantage then in the other and the success and prosperity of that Kingdom through the valor and industry of the Spanish Nation so much advanced since that time do manifest the wisedom of that change The third observation of fraud in perverting his Authors was this In the twentieth Page of the first Sermon he cites these words out of the same Suarez de legibus li. 5. ca. 15. fol. 300. Tributa esse maximè naturalia prae se ferre Justitiam quia exiguntur de rebus propriis This he produceth in proof of the just right of Kings to lay Tributes And no man that reads it doubts but that in Suarez opinion the Kings Interest and Propriety in the Goods of his Subjects is the ground of that Justice But the truth is that Suarez in that Chapter had distributed Tributes into divers kinds of which he calls one sort tributum reale and describes it thus Solent ita vocari pensiones quaedam quae penduntur regibus principibus exteris agris quae a principio ad sustentationem illis applicata fuerunt ipsi vero in feodum aliis ea donarunt sub certa pensione annua quae jure civili Canon appellari solet quia certa regula lege praescripta erat So that the issue is this which Suarez affirms for justification of one kinde of Tribute which is no more then a Fee farm of rent due by reservation in the grant of Kings own lands the Doctor herein worse then a Jesuit doth wrest to the justification of all kinds of Tribute exacted by Imposition upon the goods of the Subjects wherein the King had no interest or propriety at all 4. The last aggravation was drawn from his behaviour since these Sermons preached whereby he did continue still to multiply and increase his offence yea even since the sitting of the Parliament and his being questioned in Parliament upon the fourth of May last he was so bold as to publish the same doctrine in his own parish Church of St. Giles the points of which Sermons were these That the King had right to order all as to him should seem good without any mans consent That the King might require in time of necessity Aid and if the Subjects did not supply the King might justly avenge it That the Propriety of Estate and Goods was ordinarily in the Subject but extraordinarily that is in case of the Kings need the King hath right to dispose them These Assertions in that Sermon he said would be proved by very good testimony and therefore desired the Lords that it might be carefully examined because the Commons held it to be a great contempt to the Parliament for him to maintain that so publikely which was here questioned They held it a great presumption for a private Divine to debate the Right and Power of the King which is a matter of such a nature as to be handled only in this High Court and that with moderation and tenderness and so he concluded that point of aggravation In the last place he produced some such precedents as might testifie what the opinion of our Ancestors would have been if this case had fallen out in their time And herein he said he would confine himself to the reigns of the first three Edwards two of them Princes of great glory He began with the eldest Westm. 1. Ca. 33. By this Statute 3. Edw. 1. provision was made against those who should tell any false News or devise by which any discord or scandal may arise betwixt the King his People and great Men of the Kingdom 27. Edw. 3. Rot. part nu 20. It was declared by the Kings Proclamation sent into all the Counties of England That they that reported that he would not observe the Great Charter were malitious people who desired to put trouble and debate betwixt the King and his Subjects and to disturb the peace and good estate of the King the People and the Realm 5. Edw. 2. Inter novas ordinationes Henry de Beamond for giving the King ill Counsel against his Oath was put from the Councel and restrained for coming into the presence of the King under pain of confiscation and banishment 19. Edw. 2. Clause Minidors Commissions were granted to inquire upon the Statute of W. 1. touching the spreading of News whereby discord and scandal might grow betwixt the King and his People 10. Edw. 3. Clause M. 26. Proclamations went out to arrest all them who had presumed to report that the King would lay upon the Wools certain sums besides the antient and due Customes where the King calls these reports exquisita mendacia c. quae non tantum in publicam laesionem sed in nostrum cedunt damnum dedecus manifestum 12. Edw. 3. Rot. Almaniae The King writes to the Archbishop of Canterbury excusing himself for some impositions which he had â—aid professeth his great sorrow for it desires the Archbishop by Indulgences and other ways to stir up the
being stopped and stopped in such maner as we are enjoyned so we must now leave to be a Councel I hear this with that grief as the saddest Message of the greatest loss in the world but let us still be wise be humble let us make a fair Declaration to the King OUr sins are so exceeding great said Sir Iohn Elliot that unless we speedily return to God God will remove himself further from us ye know with what affection and integrity we have proceeded hitherto to have gained his Majesties heart and out of a necessity of our duty were brought to that course we were in I doubt a misrepresentation to his Majesty hath drawn this mark of his displeasure upon us I observe in the Message amongst other sad particulars it is conceived that we were about to lay some aspersions on the Government give me leave to protest That so clear were our intentions that we desire onely to vindicate those dishonors to our King and Countrey c. It is said also as if we cast some aspersions on his Majesties Ministers I am confident no Minister how dear soever can Here the Speaker started up from the seat of the Chair apprehending Sir Iohn Elliot intended to fall upon the Duke and some of the Ministers of State said There is a command laid upon me that I must command you not to proceed whereupon Sir Iohn Elliot sat down I Am as much grieved as ever said Sir Dudley Diggs Must we not proceed let us sit in silence we are miserable we know not what to do Hereupon there was a sad silence in the House for a while which was broken by Sir Nathaniel Rich in these words WE must now speak or for ever hold our peace for us to be silent when King and Kingdom are in this calamity is not fit The question is Whether we shall secure our selves by silence yea or no I know it is more for our own security but it is not for the security of those for whom we serve let us think on them some instruments desire a change we fear his Majesties safety and the safety of the Kingdom I do not say we now see it and shall we now sit still and do nothing and so be scattered Let us go together to the Lords and shew our dangers that we may then go to the King together Others said That the Speech lately spoken by Sir Iohn Elliot had given offence as they feared to his Majesty WHereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and Ordered That the House be turned into a Committee to consider what is fit to be done for the safety of the Kingdom and that no man go out upon pain of going to the Tower But before the Speaker left the Chair he desired leave to go forth and the House ordered that he may go forth if he please And the House was hereupon turned into a grand Committee Mr. Whitby in the Chair I Am as full of grief as others said Mr. Wandesford let us recollect our English hearts and not sit still but do our duties two ways are propounded To go to the Lords or to the King I think it is fit we go to the King for this doth concern our Liberties and let us not fear to make a Remonstrance of our rights we are his Counsellors there are some men which call evill good and good evil and bitter sweet Justice is now called Popularity and Faction THen Sir Edw. Cook spake freely We have dealt with that duty and moderation that never was the like Rebus sic stantibus after such a violation of the Liberties of the Subject let us take this to heart In 30. E. 3. were they then in doubt in Parliament to name men that misled the King they accused Iohn de Gaunt the Kings Son and Lord Latimer and Lord Nevel for misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our tongues how shall we answer our duties to God and men 7. H. 4. Parl. Rot. numb 31 32.11 H. 4. numb 13. there the Councel are complained of and are removed from the King they mewed up the King and disswaded him from the Common Good and why are we now retrived from that way we were in why may we not name those that are the Cause of all our evils In 4. H. 3. 27. E. 3. 13. R. 2. the Parliament moderateth the Kings prerogative and nothing grows to abuse but this House hath power to treat of it What shall we do let us palliate no longer if we do God will not prosper us I think the Duke of Buckingham is the cause of all our miseries and till the King be informed thereof we shall never go out with honour or sit with honour here that man is the Grievance of Grievances let us set down the causes of all our dysasters and all will reflect upon him As for going to the Lords that is not via Regia our Liberties are now impeached we are concerned it is not via Regia the Lords are not participant with our Liberties Mr. Selden advised that a Declaration be drawn under four heads 1. To express the Houses dutiful carriage towards his Majesty 2. To tender their Liberties that are violated 3. To present what the purpose of the House was to have dealt in 4. That that great Person viz. the Duke fearing himself to be questioned did interpose and cause this distraction All this time said he we have cast a mantle on what was done last Parliament but now being driven again to look on that man let us proceed with that which was then well begun and let the Charge be renewed that was last Parliament against him to which he made an Answer but the particulars were sufficient that we might demand judgement on that Answer onely IN conclusion the House agreed upon several heads concerning innovation in Religion the safety of the King and Kingdom misgovernment misfortune of our late designs with the causes of them And whilest it was moving to be put to the question that the Duke of Buckingham shall be instanced to be the chief and principal cause of all those evils the Speaker who after he had leave to go forth went privately to the King brought this Message THat his Majesty commands for the present they adjourn the House till to morrow morning and that all Committees cease in the mean time And the House was accordingly adjourned AT the same time the King sent for the Lord Keeper to attend him presently the House of Lords was adjourned ad libitum the Lord Keeper being returned and the House resumed his Lordship signified his Majesties desire that the House and all Committees be adjourned till to morrow morning AFter this Message was delivered the Lords
well-beloved Sir VVilliam Balfoure Knight and Iohn Dolbier Esquire or either of them for levying and providing certain numbers of Horses with Armes for Horse and Foot to be brought over into this Kingdome for our service viz. for the levying and transporting of one thousand Horse fifteen thousand pounds for five thousand Muskets five thousand Corslets and five thousand Pikes ten thousand five hundred pounds and for one thousand Curaseers compleat two hundred Corslets and Carbines four thousand five hundred pounds amounting in the whole to the said summe of thirty thousand pounds And this our letter shall be your sufficient warrant and discharge in this behalf Given under our Privy Seal at our Palace of Westminster the 30th of Ianuary in the third year of our Reign Iune the seventh the King came to the Lords House and the House of Commons were sent for And the Lord Keeper presented the humble Petition of both Houses and said MAy it please your most excellent Majesty the Lords Spiritual and Temporal and Commons in Parliament assembled taking into consideration that the good intelligence between your Majesty and your people doth much depend upon your Majesties answer unto their Petition of Right formerly presented With unanimous consent do now become most humble Suitors unto your Majesty that you would be pleased to give a clear and satisfactory answer thereunto in full Parliament Whereunto the King replyed The answer I have already given you was made with so good deliberation and approved by the judgements of so many wise men that I could not have imagined but it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you there is no doublenesse in my meaning I am willing to pleasure you as well in words as in substance read your Petition and you shall have an answer that I am sure will please you The Petition was read and this answer was returned Soit droit fait come il est desire C. R. This I am sure said his Majesty is full yet no more then I granted you in my first Answer for the meaning of that was to confirm your liberties knowing according to your own Protestations that ye neither meane nor can hurt my Prerogative And I assure you my Maxime is That the Peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the Peoples Liberties You see how ready I have shewed my self to satisfie your demands so that I have done my part Wherefore if this Parliament have not a happy conclusion the sin is yours I am free from it Whereupon the Commons returned to their own House with unspeakable joy and resolved so to proceed as to expresse their thankfulnesse and now frequent mention was made of proceeding with the Bill of subsidies of sending the Bills which were ready to the Lords of perfecting the Bill of Tunnage and Poundage and Sir Iohn Strangeâ—â—ies also expressed his joy at the answer and further added Let us perfect our Remonstrance King Iames was wont to say He knâ—w that by Parliaments which otherwise he could never have known After the granting of the Petition of Right the House ordered that the Grand Committees for Religion Trade Grievances and Courts of Justice to sit no longer but that the House proceed only in the consideration of Grievances of most moment And first they fell upon the Commission for Excise and sent to the Lord Keeper for the same who returned answer that he received Warrant at the Councel Table for the sealing thereof and when it was Sealed he carried it back to the Councel Table The Commission being sent it was read in the House viz. CHarles By the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Sir Thomas Coventry Knight Lord Keeper of the Great Seale of England To James Earl of Malburg Lord High Treasurer or England Henry Earl of Manchester Lord President of our Councel Edward Earl of Worcester Lord Keeper of our Privy Seal George Duke of Buckingham Lord high Admiral of England William E. of Pembrook Lord Steward of Our Houshold Philip Earl of Mountgomery Lord Chamberlain of Our Houshold Theophilus Earl of Suffolk Edward Earl of Dorset William Earl of Salisbury Thomas Earl of Exeter John Earl of Bridgwater James Earl of Carlisle Henry Earl of Holland William Earl of Denbigh George Earl of Totnes Sir George Hay Kt. Lord Chancellor of Scotland William Earl of Morton Thomas Earl of Kelley Thomas Earl of Mellers Edward Uiscount Conway one of our principal Secretaries of State Edward Uiscount Wimbleton Oliver Uiscount Grandison Henry Falkland Lord Deputy of Ireland To the Lord Bp. of Winchester Wil. Lord Bp. of Bath and Wells Fulk Lo. Brook Dudley Ash Lord Carlton Uice Chamberlain of Our Houshold Sir Thomas Edmonds Treasurer of our Houshold Sir John Savil Controler of Our Houshold Sir Robert Nanton Master of the Court of Wards Sir John Cook one of the principal Secretaries of State Sir Richard Weston Chancellour and under Treasurer of our Exchequer Julius Caesar Master of the Rolls and Sir Humphrey May Kt. Chancellour of Our Dutchy of Lancaster Greeting Whereas the presâ—nt Conjuncture of the general affairs of Christendom and our own particular interest in giving assistance unto our oppressed Allies and for 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 principal sinâ—ws of War and one of the first and chiefest movers in all great Preparations and Actions are 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 service And for the experience we have of all great Causes concerning us and our State both as they have relation to Foraine 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 sit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your special care and diligence And we do hereby authorise and appoint and strictly will and require you that speedily and seriously you enter into consideration of all the best and speediest ways and means ye can for raising of Monies for the most Important occasions aforesaid UUhich 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 Impositions or othâ—rwise as in your wisdoms and best Iudgments ye shall find to be most convenient in a case of this inevitable necessity wherein Form â—nd
the security of the River wherefore the Regiments then remaining in several of the States Garrison Towns which were reformed out of four Regiments under the Command of Sir Charles Morgan and supposed to consist of two thousand men were designed for this employment But in regard that by the capitulations at the rendring of Stoade these souldiers were first to touch in England before they could engage in War against the Emperour they were appointed to come to Harwitch and to saile thence to Luckâ—â—aâ— under the command of their former General and by reason of the absence of the English Fleet upon the service of Rotchel the States and the Prince of Orange were desired to accommodate them with Ships of convoy in crossing the Seas But a while after the King considering that the six months wherein that Regiment was bound not to serve against the Emperour were near expiring and the Winter approaching which by foul weather and contrary winds might expose both men and Ships to great danger in their crossing the Seas to England and cause unnecessary charge commanded Sir Charles Morgan to forbear to touch at Harwitch but to shape his course by the nearest straightest way from Holland to Luckstat and to stay at the place of imbarquing so many days as with the time which will be taken up in their passage may accomplish the full six months Moreover these Reformed Regiments brought from Stoade being found upon their mustering fourteen hundred the King made a supply of six hundred more by borrowing six or eight men out of every Company serving in the States pay under the conduct of the Lord Vere the season of the year not permitting to rely upon new recruits from England for which he engaged his royal word to the States and the Prince of Orange that for every man they lent him he would send them two as soon as his forces return from Rochel Touching the Horse levied in Germany and intended as was said to be transported into England about the last Session of Parliament the Privy Councel now wrote to Dalbeere upon certain overtures made by the King of Sweden and the Duke of Savoy to receive them into their pay and service that he might dispose of the said Cavalry to those Princes being his Majesties friends and Allies with condition that his Majesty be no further charged with their pay transportation or entertainment in any manner whatsoever After the death of the Duke the King seemed to take none to favour so much as Dr. Laud Bishop of London to whom he sent many gracious messages and also writ unto him with his own hand the which contained much grace and favour and immediately afterwards none became so intimate with his Majesty as the said Bishop BY Orders from the Bishop there were then entred in the Docket Book several Conge D'esliers and Royal assents for Dr. May to be Bishop of Bath and Wells for Doctor Corbet to be Bishop of Oxford and for Samuel Harsenet then Bishop of Norwitch to be Arch-Bishop of York In the University of Oxford Bishop Laud bore the sway The Lord Chancellour VVilliam Earl of Pembrook commiting his power into his hands And this year he framed the Statutes for the reducing and limiting the free Election of Proctors which before as himself said were Factious and Tumultuary to the several Colledges by course The meeting of the Parliament appointed to be the 20. of Octob. was by Proclamation the first day of that moneth Prorogued to the 20. of Ianu. following VVhilst Felton remained a Prisoner at London great was the resort of people to see the man who had committed so bold a murder others came to understand what were the Motives and Inducements thereunto to which the man for the most part answered That he did acknowledge the Fact and condemned himself for the doing thereof Yet withall confessed he had long looked upon the Duke as an evil Instrument in the Common-wealth and that he was convinced thereof by the Remonstrance of Parliament VVhich considerations together with the instigation of the Evil One who is always ready to put sinfull motions into speedy Actions induced him to do that which he did He was a person of a little Stature of a stout and revengeful spirit who having once received an injury from a Gentleman he cut off a piece of his little finger and sent it with a challenge to the Gentleman to fight with him thereby to let him know that he valued not the exposing of his whole body to hazard so he might but have an opportunity to be revenged Afterwards Felton was called before the Councel where he confessed much of what is before mentioned concerning his Inducement to the Murder the Councel much pressed him to confesse who set him on work to do such a bloody act and if the Puritans had no hand therein he denyed they had and so he did to the last that no person whatsoever knew any thing of his intentions or purpose to kill the Duke that he revealed it to none living Dr. Laud Bishop of London being then at the Councel Table told him if he would not confess he must go to the rack Felton replyed if it must be so he could not tell whom he might nominate in the extremity of torture and if what he should say then must go for truth he could not tell whether his Lordship meaning the Bishop of London or which of their Lordships he might name for torture might draw unexpected things from him after this he was asked no more questions but sent back to prison The Council then fell into Debate whether by the Law of the Land they could justifie the putting him to the Rack The King being at Councel said before any such thing be done let the advice or the Judges be had therein whether it be Legal or no and afterwards his Majesty the 13. of Novemb. 4. Car. propounded the question to Sr. Tho. Richardson Lord Chief Justice of the Common Pleas to be propounded to all the Justices Viz. Felton now a prisoner in the Tower having confessed that he had killed the Duke of Buckingham and said he was induced to this partly for private displeasure and partly by reason of a Remonstrance in Parliament having also read some Books which he said defended that it was lawful to kill an Enemy to the Republique the question therefore is whether by the Law he might not be Racked and whether there were any Law against it for said the King if it might be done by Law he would not use his Prerogative in this Point and having put this Question to the Lord chief Justice the King commanded him to demand the resolution of all the Judges First the Justices of Serjeants Inn in Chancery Lane did meet and agree that the King may not in this case put the party to the Rack And the fourteenth of November all the Justices being assembled at Serjeants Inn in Fleetstreet
all Ages who shine in vertue and are firm for our Religion but the contrary Faction I like not I remember a character I have seen in a Diary of E. 6. that young Prince of famous memory where he doth expresse the condition of the Bishops of that time under his own hand writing That some for sloath some for age some for ignorance some for luxury and some for Popery were unfit for Discipline and Government We see there are some among our Bishops who are not Orthodox nor sound in Religion as they should be witness the two Bishops complained of the last meeting of the Parliament I apprehend such a feare that should we be in their power we may be in danger to have our Religion overthrown some of these are Masters of Ceremonies and they labour to introduce new Ceremonies into the Church Yet some Ceremonies are useful give me leave to joyn that I hold it necessary and commendable that at the repetition of the Creed we should stand up to testifie the resolution of our hearts that we will defend the Religion which we profess and in some Churches it is added they did not only stand upright with their bodies but with their Swords drawn Let us go to the ground of our Religion and lay down a Rule on which all others may rest then when that is done it will be time to take into consideration the breakers and offendors of that Rule Hereupon after some Debate the Commons entered into this Vow The Vow of the House of Commons in Parliament WEE the Commons in Parliament Assembled do Claim Protest and Avow for truth the sence of the Articles of Religion which were established by Parliament in the thirteenth year of our late Queen Elizabeth which by the publique Act of the Church of England and by the generall and currant Expositions of the Writers of our Church have been delivered unto us And we reject the sence of the Jesuites and Arminians and all others wherein they differ from us Friday the thirtieth of January 1628. Both Houses joyn in Petitioning the King for a Fast. MOst Gracious Soveraign It is the very earnest desire of us your most dutiful Subjects the Lords Spiritual and Temporal and Commons in this Parliament Assembled that this meeting may be abundantly blessed with all happy successe in the great affairs of Church and State upon which we are to consult and that by a cleare understanding both of your Majesties goodness unto us and of our ever faithfull and Loyal hearts to your Majesties Royal Person and service all jealousies and distractions which are apparent signs of Gods displeasure and of ensuing mischief being removed there may this Session and for ever be a perfect and most happy union and agreement between your Majesty and all the Estates of this Realm But acknowledging that neither this nor any other blessing can be expected without the especiall favour of Almighty God upon the observation of the continued increasing miseries of the Reformed Churches abroad whose cases with bleeding hearts we compassionate as likewise of those punishments already inflicted And which are like in great measure to fall upon our selves we have just cause to conceive that the Divine Majesty is for our sins exceedingly offended against us wherefore we do in these and all other pious respects most Dread Soveraign humbly beseech your most excellent Majesty by your Royal consent and Commandment that not only our selves but all people of your Kingdom may be speedily enjoyned upon some certain day by your Majesty to be prefixed by publique Fasting and Prayer to seek reconciliation at the merciful hands of Almighty God So that the prayers of the whole Kingdom joyned with your Majesties most Princely care and the faithful hearts and endeavours of this great Councel assembled may procure honour to Almighty God in the preservation of his true Religion much honour to your Majesty prosperity to your people and comfort to your Majesties Friends and Allies The Kings Answer to the Petition MY Lords and Gentlemen The chief Motive of your Petition being the deplorable Condition of the Reformed Churches abroad is too true And our duty is so much as in us lieth to give them all possible help But certainly fighting will doe them more good then fasting though I doe not wholly disallow of the latter yet I must tell you that the custome of fasting every Session is but lately begun and I confesse I am not fully satisfied with the necessity of it at this time Yet to shew you how smoothly I desire your businesse to go on eschewing as much as I can Questions or jealousies I doe willingly grant your request herein but with this Note That this shall not hereafter be brought into president for frequent Fasts except upon great occasions And for form and time I will advise with my Lords the Bishops and then send you a particular Answer Soon after the House of Commons presented a Declaration to the King touching their resolutions to give precedency to Religion MOst Gracious Sovereign We have within these three dayes received from your Majesty a Message putting us in minde of our present entring upon the consideration of a Grant of Tunnage and Poundage but the manner of possessing the House therewith being disagreeable to our Orders and Priviledges that we could not proceed therein And finding our selves in your Majesties name pressed in that businesse and that we should give precedency thereunto we cannot but expresse some sence of sorrow fearing that the most hearty and forward affections wherewith we desire to serve your Majesty are not clearly represented unto you besides such is the solicitous care we have in preserving our selves in your Majesties most gracious and good opinion that it cannot but breed much trouble in us when ever we find our selves as now we are enforced to spend that time in making our humble Apologies from whence doe usually arise long Debates which we conceive might very profitably be applyed in the greater Services of your Majesty and the Common-wealth which we did with all humble diligence apply our selves unto and finding the extream dangers wherewith our Religion is threatned clearly presenting it unto our thoughts and considerations We thought and we think we cannot without impiety to God disloyalty to your Majesty and unthankfulnesse to those from whom we are put in trust retard our proceedings until something be done to secure us in this maine point which we prefer above our lives and all earthly things whatsoever And here we do with all humble thankfulnesse acknowledge your Majesties most pious care and Princely Intentions to suppresse both Popery and Arminianism the Professor of the one being an open enemy 〈◊〉 the maintainer of the other a subtil and more dangerous underminer of the Religion of Almighty God established within your Realmes and Dominions The truth of which our whole Religion or any part thereof as being sufficiently known and received generally here
called to the Councel-board at Hampton Court about some things which were complained of in reference to the Customs did then and there in an insolent manner in the presence or hearing of the Lords and others of his Majesties Privy Council then sitting in Counsel utter these undutiful seditious and false words That the Merchants are in no part of the World so skrewed and wrung as in England That in Turky they have more incouragement By which words he the said Richard Chambers as the Information setteth forth did endeavor to alienate the good affection of his Majesties Subjects from his Majesty and to bring a slander upon his just Government and therefore the Kings Attorney prayed process against him To this Mr. Chambers made answer That having a Case of silk Grogerams brought from Bristol by a Carrier to London of the value of 400. l. the same were by some inferior Officers attending on the Custome-house seized without this Defendants consent notwithstanding he offered to give security to pay such Customs as should be due by Law and that he hath been otherwise grieved and damnified by the injurious dealing of the under-Officers of the Custome-house and mentioned the particulars wherein and that being called before the Lords of the Council he confesseth that out of the great sence which he had of the injuries done him by the said inferior Officers he did utter these words That the Merchants in England were more wrung and screwed then in forreign Parts Which words were onely spoken in the presence of the Privy-Council and not spoken abroad to stir up any discord among the people and not spoken with any disloyal thought at that time of his Majesties Government but onely intending by these words to introduce his just Complaint against the wrongs and injuries he had sustained by the inferiour Officers and that as soon as he heard a hard construction was given of his words he endeavoured by petition to the Lords of the Council humbly to explain his meaning that he had not the least evil thought as to his Majesties Government yet was not permitted to be heard but presently sent away prisoner to the Marshalsea and when he was there a prisoner he did again endeavour by petition to give satisfaction to the Lords of the Council but they would not be pleased to accept of his faithful explanation which he now makes unto this honourable Court upon his Oath and doth profess from the bottom of his heart That his speeches onely aimed at the abuses of the inferiour Officers who in many things dealt most cruelly with him and other Merchants There were two of the Clerks of the Privy-Council examined as Witnesses to prove the words notwithstanding the Defendant confessed the words in his Answer as aforesaid who proved the words as laid in the Information And on the sixth of May 1629. the Cause came to be heard in the Star-Chamber and the Court were of opinion that the words spoken were a comparing of his Majesties Government with the Government of the Turks intending thereby to make the people believe that his Majesties happy Government may be tearmed Turkish Tyranny and therefore the Court fined the said Mr. Chambers in the sum of 2000 l. to his Majesties use and to stand committed to the prison of the Fleet and to make submission for his great offence both at the Council-board in Court of Star-Chamber and at the Royal Exchange There was a great difference of opinion in the Court about the Fine and because it is a remarkable Case here followeth the names of each several person who gave sentence and the Fine they concluded upon viz. Sir Francis Cottington Chancellour of the Exchequer his opinion was for 500 l. Fine to the King and to acknowledge his offence at the Council-board the Star-Chamber-Bar and Exchange Sir Tho. Richardson Lord chief Justice of the common pleas 500 l. Fine to the King and to desire the Kings favour Sir Nicholas Hide Lord chief Justice of the Kings Bench 500 l. and to desire the Kings favour Sir Iohn Cook Secretary of State 1000 l. Sir Humphry May Chancellour 1500 l. Sir Thomas Edmons 2000 l. Sir Edward Barret 2000 l. Doctor Neal Bishop of Winchester 3000 l. Doctor Laud Bishop of London 3000 l. Lord Carlton principal Secretary of State 3000 l. Lord Chancellour of Scotland 2000 l. Earl of Holland 1500 l. Earl of Doncaster 1500 l. Earl of Salisbury 1500 l. Earl of Dorset 3000 l. Earl of Suffolk 3000 l. Earl of Mountgomery Lord Chamberlain 1500 l. Earl of Arundel Lord High Marshal 3000 l. Lord Montague Lord Privy Seal 3000 l. Lord Connoway 2000 l. Lord Weston Lord Treasurer 3000 l. Lord Coventry Lord Keeper of the Great Seal 1500 l. So the fine was setled to 2000 l. And all except the two Chief Justices concurred for a submission also to be made And accordingly the copy of the submission was sent to the Warden of the Fleet from Mr. Atturny General to shew the said Richard Chambers to perform and acknowledg it and was as followeth I Richard Chambers of London Merchant do humby acknowledge that whereas upon an Information exhibited against me by the Kings Atturney General I was in Easter Term last sentenced by the Honourable Court of Star-Chamber for that in September last 1628. being convented before the Lords and others of his Majesties most Honourable Privy-Council Board upon some speeches then used concerning the Merchants of this Kingdom and his Majesties well and gracious usage of them did then and there in insolent contemptuous and seditious manner falsly and maliciously say and affirm That they meaning the Merchants are in no parts of the world so skrewed and wrung as in England and that in Turky they have more incouragement And whereas by the sentence of that Honorable Court I was adjudged among other punishments justly imposed upon me to make my humble acknowledgment and submission of this great offence at this Honorable Board before I should be delivered out of the Prison of the Fleet whereto I was then committed as by the said Decree and Sentence of that Court among other things it doth and may appear Now I the said Richard Chambers in obedience to the Sentence of the said Honorable Court do humbly confess and acknowledg the speaking of these words aforesaid for the which I was so charged and am heartily sorry for the same and do humbly beseech your Lordships all to be Honorable intercessors for me to his Majesty that he would be graciously pleased to pardon that graet error and fault so committed by me When Mr. Chambers read this draught of submission he thus subscribed the same All the abovesaid Contents and Submission I Richard Chambers do utterly abhor and detest as most unjust and false and never to death will acknowledge any part thereof Rich. Chambers Also he under-writ these Texts of Scripture to the said Submission before he returned it That make a man an offender
per Annum by raising a certain value upon their Lands and some other impositions which requiring a long Discourse by it self I will omit it here setting it down in my Instructions it will save your Majesty at least One hundred thousand pounds per Annum to make it pain of death and confiscation of goods and lands for any of the Officers to cousen You which now is much to be feared they do or else they could not be so rich and herein to allow a fourth part benefit to them that shall find out the cousenage Here is not meant Officers of State as the Lord Treasurer c. being Officers of the Crown The summe of all this account amounteth unto two Millions or Twenty hundred thousand pounds per Annum Suppose it be but one Million and a Half as assuredly your Majesty may make by these courses set down yet it is much more then I promised in my Letter for your Majesties service Besides some sums of mony in present by the courses following Imprimis By the Prince's Marriage to make all the Earls in England Grandees of Spain and Principi with such like priviledges and to pay twenty thousand pounds apiece for it 2. As also if you make them Foeditaries of the Towns belonging to their Earldoms if they will pay for it besides as they do to the King of Spain in the Kingdom of Naples And so likewise Barons to be made Earls and Peers to pay ninteen thousand pounds a piece I think might yield five hundred thousand pounds and oblige them more sure to his Majesty 3. To make choice of two hundred of the richest men of England in estate that be not Noble-men and make them Titulate as is used in Naples and paying for it that is a Duke thirty thousand pounds a Marquis fifteen thousand pounds an Earl ten thousand pounds and a Baron or Viscount five thousand pounds It is to be understood that the antient Nobility of Barons made Earls are to precede these as Peers though these be made Marquesses or Dukes this may raise a Million of pounds and more unto your Majesty To make Gentlemen of low quality and Francklines and rich Farmers Esquires to precede them would yield your Majesty also a great sum of mony in present I know another course to yield your Majesty at least three hundred thousand pounds in mony which as yet the time serveth not to discover untill your Majesty be resolved to proceed in some of the former courses which till then I omit Other courses also that may make present mony I shall study for your Majestie 's service and as I find them out acquaint you withall Lastly to conclude all these discourses by the application of this course used for your profit That it is not onely the means to make you the richest King that ever England had but also the safety augmented thereby to be most secure besides what shewed in the first part of this Discourse I mean by the occasion of this Taxation and raising of monies your Majesty shall have cause and means to imploy in all places of the Land so many Officers and Ministers to be obliged to you for their own good and interest as nothing can be attempted against your Person or Royall State over land but some of them shall in all probability have means to find it out and hinder it Besides this course will detect many disorders and abuses in the publick Government which were hard to be discovered by men indifferent To prohibite gorgeous and costly apparell to be worn but by persons of good quality shall save the Gentry of the Kingdom much more mony then they shall be taxed to pay unto your Majesty Thus withall I take my leave and kiss your gratious hands desiring pardon for my error I may commit herein Pasc. 5. Caroli Regis B. R. The Reports of the following Arguments were taken by Mr. Widdrington of Gray's-Inn UPon the Habeas Corpus out of this Court to bring here the body of one William Stroud Esq with the cause of his imprisonment to the Marshall of the Kings Bench it was returned in this manner That William Stroud Esq was committed under my custody by vertue of a certain Warrant under the hands of twelve Lords of the Privy Councill of the Lord the King the tenour of which Warrant followeth in these words You are to take knowledge that it is his Majesties expresse pleasure and commandment that you take into your custody the body of William Stroud Esq and keep him close-prisoner untill you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated the 2 d of April 1629. And the Direction thereof was To the Marshall of the King's Bench or his Deputy He is likewise held in prison by vertue of a certain Warrant under the hand of the King himself the tenour of which Warrant followeth in these words Carolus Rex Whereas you have in your custody the body of William Stroud Esq committed by the Lords of Our Privy Councill by Our speciall command you are to take notice that his commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up of Sedition against Us For which you are to detain him in your custody and keep him close-prisoner untill Our pleasure be further known concerning his deliverance Given at Greenwich the 7 th of May 1629. in the 5 th year of Our Reigne And the direction was To Our Marshall for Our Bench for the time being And these are the causes of the taking and detaining of the foresaid William Stroud c. And upon another Habeas Corpus to the Marshall of the Houshold to have the body of Walter Long Esq he made the same Return as above Ask of the Inner Temple of Counsell with Mr. Stroud moved That the Return was insufficient The Return consists upon two Warrants bearing severall Dates which are the causes of the taking and detaining of the Prisoner For the first Warrant which is of the Lords of the Councill that is insufficient because no cause is shewn of his commitment which is expresly against the resolution of the Parliament and their Petition of Right in the time of this King which now is to which he had likewise given his assent so his taking by vertue of the said Warrant is wrongfull And for the second Warrant it is insufficient also and that notwithstanding that it be the Kings own for the King himself cannot imprison any man as our Books are to wit 16 H. 6. F. Monstrance de faits 1 H. 7.4 Hussey reports it to be the opinion of Markham in the time of Edw. 4. and Forrescue in his Book de laudibus Legum Angliae cap. 18. And the reason given is because no action of false imprisonment lies against the King if the Imprisonment be wrongfull and the King cannot be a wrong doer The Statute
expressions at the time of his accusation p. 258. His Speech at the delivery of the Articles against the Duke p. 259. Articles exhibited by him against the Duke p. 266. And also against the Lord Conway p. 268. A Message from the King against Bristol p. 270. Reasons why he should onely be tried in the House of Peers p. 271. Iudges opinions concerning that particular p. 272. His Speech by way of Introduction before he gave in his Answer to the Articles p. 273 274 c. His Answer to the Articles p. 278 279 c. Dudley Sir Diggs p. 55 306 307 360 364 365 454 533 544 554 614. Doncaster Viscount sent Ambassador p. 11 13 22. Drummond Mr. p. 167. E. EArl Sir Walter upon a Habeas Corpus p. 462. Edmonds Sir Thomas p. 660. Elector vide Palatinate Elliot Sir John p. 224 357 360 366 433 529 532 561 563 544 554 614 660 669. Information against him in the Upper Bench p. 693 696 697 c. Emperor vide the Palatinate Essex Earl p. 200. F. FAirfax Captain p. 15. A Monument erected at Frandendale in memory of him and Mr. John Fairfax his Brother both slain in the defence thereof p. 155 Felton visited in prison and confesses the Fact p. 650. His examination before the Council ibid. Threatned to be rackt ibid. Tryed p. 652. Tendereth his hand to be cut off ib. Hung in Chains p. 653. Finch Sir Hennage Speaker p. 208 401 Finch Sir John Speaker p. 484 561 Fleetwood Sir Miles p. 561 France about a Treaty of Marriage p. 156 114. A Marriage there p. 172 173. Difference with France p. 428 G. GAge Mr. sent to Rome p. 23 66 121 Glanvile Serjeant p. 313 318 574 Glynn Mr. Recorder Ap. 56 57 Gundamor flatters King James p. 3. The Treaty on the Spaniards behalf ibid. Contrives Sir Walter Rawleighs death p. 4 16 18 20. Assaulted in London Streets p. 34. A Letter to him to expedite the Match 69 see 113 122 Gorge Sir Ferdinando p. 180 Germany vide Palatinate H. Habeas Corpus Debates and Arguments p. 462 463 c. Also vide Parliament quarto Car. and Appendix Hackwel Mr. p. 507 528 568 Hayman Sir Peter p. 528 Heath Sir Robert p. 216 667 689. Ap. 39 53 Henry Prince a Match proposed between him and a Daughter of Spain p. 1 Herbert Mr. p. 312 Herbert Sir Gerrard p. 15 69 Herbert Sir Edward p. 43 Heveningham Sir John brings his Habeas Corpus p. 462 Heidelburg p. 66 69 Hobby Sir Thomas p. 528 Holland Earl p. 173 469 470 Hollis Mr. p. 676 689 693 Hubbard Sir Miles brought upon a Habeas Corpus p. 689 Hide Sir Nicholas made Chief Iustice p. 424 I. Iames King of Scotland affects the Title of Peace-Maker p. 1. Desires to Match Prince Charls with somergeat Princess though of different Religion ibid. and 50. Inclines to a Match with Spain p. 2. Flattered by Gundamor p. 3. Delivers up the cautionary Towns ibid. Gives a Commission to Digby to Treat on a Marriages ibid. Receives Articles about Religion out of Spain p. 4. Imployes Sir Walter Rawleigh upon a design into America p. 4 5. Too credulous of the Spaniard p. 8. A Letter shewing upon what account the King gave way to the beheading of Sir Walter Rawleigh p. 9. Sends Viscount Doncaster Ambassador p. 11 13. His advice craved by the Count Palatine p. 12. He dislikes the Palatines acceptance of the Crown p. 13 a. 14 b. 16 a. Goes to war with one Regiment to assist the Palatines p. 14. Receives news of the defeat given the Palatine at Prague p. 17. Raises money by advice of Privy Council ibid. Flattered again by the Spaniard p. 18. The Spaniards secret Instructions in reference to the King ibid. He calls a Parliament p. 20. Forbids discourse of State affairs p. 21. His Speech to the Parliament ibid. Sends Digby Ambassador into Flanders p. 23. His second Speech in Parliament about Projectors p. 24. Speaks on behalf of the Duke p. 26 27. Sends a Message against Sir Henry Yelverton p. 33 d. Intends to adjourn the Parliament p. 35. The Commons Declaration about the Palatinate before the adjournment p. 36. Reforms grievances by Proclamation ibid. Again forbids speaking of State Affairs ibid. Gives the Great Seal to Dean Williams ibid. Reassembles the Parliament p. 39. In his absence the Lord Keeper speaks ibid. Is tryed with a Petition and Remonstrance from the Commons p. 40. Writes to the Speaker p. 43. Answers the Petition p. 46 47. His Answer qualified by the Lord Keeper p. 52. The Commons Protestation p. 53. The King tears it out of the Iournal ibid. Commits some Members of Parliament p. 55. Imployes others to Ireland ibid. Again forbids speaking of State Affairs ibid. Offers terms to the Emperor on behalf of the Palatinate ibid. Receives an Answer from the Emperor p. 56. Writes to Philip the Fourth to accelerate the Match p. 57. Also to Don Balthazar p. 59. Writes for the raising of moneys p. 61. Opposes the Arminian Sect p. 62. Shews favor to Recusants ibid. Lord Keeper excuses the Kings favor to Recusants p. 63. Writes to the Archbishop about regulating the Clergy p. 64. Gives direction concerning Preachers ibid. New conditions demanded of him by the Pope p. 66. His Answer to those demands p. 67. His Letter to Digby p. 68. Sends him a dispatch in a peremptory stile concerning Heidelburgh p. 70. Signs the Popes demands p. 73. Writes again to Bristol concerning the Palatinate p. 74. Sends the Prince into Spain p. 76. Archbishop Abbots Letter to the King against Tolleration of Popery p. 85. Articles of Marriage sworn to by him p. 86. The Oath taken by him p. 88. He swears also to private Articles p. 88 89. Pope Urban writes to King James p. 95. After the Princes arival sends to Bristol not to deliver the Proxy without restitution of the Palatinate p. 105. And writes to the Palatine to make his submission to the Emperor p. 108. The Palatines Answer p. 109. Seeks a match with France p. 114. Calls a Parliament about the Treaty with Spain p. 115. Makes a Speech ibid. Also another Speech in justification of the Duke p. 127. He makes a third speech unto them concerning their advice to break off the Match p. 129. Desires he may not have a Furrow of Land left without Restitution of the Palatinate p. 130. Scruples at the word insincerity of the King of Spain p. 136. Declares his resolution to dissolve the Treaties p. 138. Accepts Subsidies and makes another Speech to the Parliament ibid. Offers to go to war in his own person p. 139. Is troubled at a Petition against Recusants p. 140. That he hath broke the neck of three Parliaments ibid. His Answer to that Petition p. 143. Receives information concerning the Duke p. 144. His Speech at the adjournment of the Parliament p. 150. A Particular of what Laws he then passed p. 152. Desires a Match with France p. 156. Which he
Cases at the Council Table when great Causes were heard before the King and Council And when matters were agitated at a greater distance I was there also and went on purpose out of a curiosity to see and observe the passages at the Camp at Berwick at the Fight at Newborn at the Treaty at Rippon at the great Council at York and at the meeting of the Long Parliament The Observations I made during all the said time shall be further known if I be encouraged to proceed and that this my Forlorn be not repelled and defeated Thus have I good Reader acquainted thee in plain English with the Lines and rude Draughts of what hath been and what is like to be multorum annorum opus in which as I never did approve so neither could I perswade my self to tread in their Steps who intermingle their Passion with their stories and are not content to write of unless they write also for a Party or to serve an Interest and so declare themselves far better Advocates then Historiansâ—â— I profess that in singleness of heart I aim at truth which to me has alwayes seemed hugely amiable even without the tires and advantages of Wit and Eloquence And therefore in order to my greatest purpose I have esteemed the most unaffected and familiar Stile the best Altum alii teneant And so irresistible is the force of Truth and the Divine Providence so great that howsoever all possible diligence may have been used to carry things in secret and to act by colourable Pretences men often acting like Tumblers that are squint-eyed looking one way and aiming another Yet hath God in these our dayes brought to light such Secrets of State such private Consultations such strâ—nge Contrivances discovered by Letters Papers and Cabinet-memorials seised on in time of the War as otherwise probably neither we nor our Posterity should have ever known I conclude with the learned Spaniards opinion Satis est Historiae si sit vera quae ut reliqua habeat omnia si veritatem non habet obtinere nomen suum non potest J. RUSHWORTH 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 h.e. Anglorum leges Suadam consulta Senatus ausáque cuncta loquor tempore quaeque suo Excipis adverso si pectore ore maligno pluribus invideas Zoile nemo tibi The Printer to the Reader BEing obliged to get this Book finished against the ensuing Term I was constrained to make more haste then ordinary so that possibly some Faults have escap'd which I request the Courteous Reader to Pardon and Amend as they shall be met with VALE The right high and most mightie Monarch â—AMES by the Graâ—ce of God King of great Britaine Fraunce and Ireland c Defendor of the Faith Historical Collections THe grand business of State in the latter times of King Iames was the Spanish Match which had the Kings heart in it over-ruled all his Counsels and had a mighty influence upon the Universal State of Christendom This King affecting the name of a King of Peace and Peace-maker as his chief glory had designed what in him lay the setling of a general Peace in Europe and the reconciling of all Parties and professed that if the Papists would leave their King-killing and some other grosser Errors he was willing to meet them half way moreover he was ever zealous for the honor and height of regal Majesty and to maintain the glory of it in his Successors 't was his chief desire and care to match his Son with some Princess of most high descent though of a different Religion There had been a Treaty of Marriage between the late Prince Henry and a Daughter of Spain which on the Spaniards part was found a meer Complement carried on by the accustomed gravity and formality of that Nation For Cecil Earl of Salisbury the great States-man of that time pursued and drove the matter to that point that the Duke of Lerma finding no evasion disclaimed the being of a Marriage Treaty Nevertheless the Spanish Ambassador to acquit himself to this State and to clear his own honesty at a full Council produced his Commission together with his Letters of Instruction given under the Duke's hand Such manner of dealing might have been sufficient Cause of just Indignation against any future motion of this Alliance After death of Prince Henry the King set his thoughts upon a Daughter of Henry the Fourth late King of France as the fittest Match for Prince Charles and by Sir Thomas Edmonds his Legier Ambassador endeavored to know the minde of that State but could not discern their affections and was not willing to discover his own At length taking occasion to send the Lord Hayes Extraordinary Ambassador to the French King to Congratulate his Marriage with Anne the Infanta of Spain he resolved to make a thorow Trial The matter was put forth and in appearance well taken but proved of no effect For the Duke of Savoy was before-hand and prevailed for his Son the Prince of Piedmont During this Negotiation of Alliance with France the Duke of Lerma frequently intimated unto Sir Iohn Digby Ambassador Resident in Spain an extraordinary desire in the King his Master not onely to maintain Peace and Amity with the King of great Britain but to lay hold on all means that might be offered for the nearer uniting of their Majesties and their Crowns as also a disposition in this regard to match his second Daughter to the Prince of Wales The Ambassador replyed that His Majesty had little reason to give ear to this overture having not long since in the Treaty for the late Prince received such an unexpected Answer and Demands so improper and unworthy and that there needed more then ordinary assurance to induce him to believe that there was now so great a change and the match desired in good earnest and not propounded meerly to divert the match with France wherefore he expected the proposal of such terms of advantage and certainty as might gain a belief of their sincere Intentions Lerma promised a further Conference But by reason of a strong report that the Match with France was absolutely concluded and within few dayes to be published the business lay asleep until Sir Iohn Digby going for England was desired by the Duke to give him notice of the state of this Affair From hence Digby gives him to understand that there was no cause of dispair concerning this new overture unless the difficulty of the Conditions should make it desperate but if the Demands in point of Religion were no more then what would satisfie another Catholick Prince and to which his Majesty might yeild with Honor he knows that divers persons not of the meanest power were well inclined and ready to give their helping hand He said further that it were much better not to revive this motion then by impossible and unfitting
Propositions from either side to give distaste and lessen the Friendship between the two Crowns The Duke returned answer that all assurance and satisfaction shall be given concerning this Alliance And after Sir Digby's arrival at the Court of Spain he protested to him solemnly that the King desired it and swore for himself that he desired nothing more Hereupon Digby debated with him That the remembrance of their former Demands was yet unpleasing in England the difference of Religion the Opinions of Divines and the Cases of Conscience were still the same insomuch that his Majesty and his Servants had just cause to cease for ever from all thoughts this way Nevertheless they did not slight nor disrelish an Alliance with Spain for many of the greatest eminency in England judge it equally valuable with any other of Christendom though it be esteemed a matter of infinite difficulty Here the subtil Spaniard might perceive our forwardness though our Ambassador seemed to speak aloof off and with reservation The debate had this result that the difficulties should be digested into certain Heads and select Persons appointed for Conference but the Intent thereof was that the Kings on either side should not be interessed nor their names therein used till by the clearing of particulars there should be great appearances that the business would take effect Now because the difference of Religion was supposed the onely difficulty of moment it was thought fit to break the matter to the Cardinal of Toledo and the Kings Confessor and one Father Frederick a learned Jesuite having the repute of a Moderate man Upon the review of these proceedings Sir Iohn Digby advised the King not to suffer his other resolutions to be interrupted by this Overture which might be set on foot as a meer device to stagger the French Treaty and to keep his Majesty from declaring himself opposite to Spain in the business of Cleves and Iuliers which still remained uncompounded nevertheless he might be pleased for a while to suspend the conclusion of the Match with France and entertain this motion and to this end he desired from him not a formal Commission to treat but onely a private Instruction for his Direction and Warrant Such remote Conferences made way for that solemn slow-paced Treaty of the many years following wherein the advantage lay on the Spaniards side who were indeed very formal and specious in it but no way vehement and vigorous if we might suppose them in any sort real But the King of England having a prevalent inclination this way when he was once drawn in and elevated with hope was so set upon it that he would grant all things possible rather then break it off and was impatient of dissembling his own eagerness The business was mainly carried on by Conde Gondomar who was exquisitely framed for it and by facetious wayes taking the King in his own humor prevailed mightily The King removes all blocks that lie in the way of this Darling Design and studies all the wayes of rendring himself acceptable to Spain The Wall of this Island the English Navy once the strongest of all Christendome now lyes at road unarmed and fit for ruine Gondomar as was the common voice bearing the King in hand that the furnishing of it would breed suspition in the King his Master and avert his minde from this alliance Moreover the Town of Flushing the Castle of Ramakins in Zealand and Brill in Holland which were held by way of caution from the united Provinces to insure their dependency upon England the King resolved to render up as being meerly cautionary and none of his Propriety He rid his hands of those places to prevent requests and Propositions from the King of Spain who claimed the propriety in them and Gondomar put hard for them being accounted the Keys of the Low Countries Such was the Kings care and contrivance to keep faith with those Confederates and not offend Spain And to render this a politick action it was urged that the advantage of those Holds was countervailed by the vast expence in keeping them Howbeit the power of the English Interest in that State was by this means cut off and taken away and the alienation between King Iames and the United Provinces which appeared in latter times and was nourished by Bernevelt the head of the Arminian Faction and a Pensioner of Spain is now increased by the discovery and observation of these late Spanish compliances But the King of Spain and his Ministers had given but slender proof of any great affection yea or of sincere intention and upright dealing in this great affair For Sir Iohn Digby received certain Articles in matter of Religion after a Consultation had with their Divines which appeared very unworthy and were utterly rejected by him Yet afterwards upon a private Conference between him and some others to whom the cause had been committed a Qualification was therein conceived though not delivered as a matter there approved And the same Speeches after his return into England proceeded between him and Gondomar and were brought to that Issue that the King thought fit to acquaint a select number of his Council therewith who having heard the report of the former proceeding delivered their opinion That they found very probable ground for him to enter into a publike Treaty with as much assurance of good success as in such a case might be expected whereupon Sir Iohn Digby by Commission under the Great Seal was authorized to treat and conclude the Marriage and because the matter of Religion was in chief debate those qualified Articles that were brought out of Spain were sent back signed with the Kings hand who added something to them by way of clearer explanation They were to this effect THat the Popes Dispensation be first obtained by the meer Act of the King of Spain That the Children of this Marriage be not constrained in matter of Religion nor their Title prejudiced in case they prove Catholikes That the Infanta's Family being Strangers may be Catholikes and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious persons may wear their proper Habits That the Marriage shall be celebrated in Spain by a Procurator according to the Instructions of the Council of Trent and after the Infanta's arrival in England such a solemnization shall be used as may make the Marriage valid according to the Laws of this Kingdome That she shall have a competent number of Chaplains and a Confessor being Strangers one whereof shall have power to govern the Family in Religious matters In the allowing of these Articles the King thus exprest himself Seing this Marriage is to be with a Lady of a different Religion from us it becometh us to be tender as on the one part to give them all satisfaction convenient so on the other to admit nothing that may blemish our Conscience or
detract from the Religion here established The People of England having yet in memory the intended Cruelty of 88. and hating the Popish Religion generally loathed this Match and would have bought it off at the dearest rate and what they durst opposed it by speeches counsels wishes prayers but if any one spake lowder then his fellows he was soon put to silence disgrac'd and cross'd in Court-preferments when as in Spain and Flanders Books were penned and Pictures printed to disgrace the King and State For which the English Ambassadors sought satisfaction but in vain The Roman Catholicks desired the Match above measure hoping for a moderation of Fines and Laws perhaps a Toleration yea a total Restauration of their Religion for they gained more and more Indulgence by the long-spun Treaty The Articles of Religion were long hammered upon the Spanish Anvil inlarged and multiplied by new Demands without end The Conde Gondomar an active subtil Instrument to serve his Masters ends neglected no occasion tending thereunto which he mainly shewed in the particular of Sir Walter Rawleigh wherein he put forth all his Strength to destroy him being one of the last Sea-Commanders then living bred under Queen Elizabeth and by her flesh'd in Spanish blood and ruin He did first under-work his Voyage to Guienna which seemed to threaten loss and danger to the spreading power of Spain in the West-Indies and after his return with misfortune he pursued him to death In the beginning of the Kings Reign this Gentleman with others was arraigned and condemned for Treason 't was a dark kinde of Treason and the vail is still upon it The King had ground enough to shew mercy which some of that condemned party obtained After many years imprisonment Sir Walter Rawleigh desirous of liberty and action propounded an American voyage upon the assurance of gaining a Mine of Gold in Guienna The King hearkned to him and gave him power to set forth Ships and Men for that Service but commanded him upon his Allegiance to give under his hand the number of his Men the burden and strength of his Ships together with the Country and River which he was to enter All this was done and came so timely to Gondomars knowledge that Advertisement was sent to Spain and thence to the Indies before this English Fleet departed out of the Thames The Action proved unfortunate and the Mine was inaccessible the Spaniards at St. Thomas opposed their passage up the River and this engaged them to assault the Town which they took sacked and burnt Gondomar hereat incensed with a violent importunity demanded the reparation of this wrong And the Spanish Faction urged that this irruption might make a breach both of the Match and Peace with Spain The Kings fears kindled his wrath he disavowed the Action and to prevent the like for the future put forth a severe Proclamation Hereupon the storm of Passion ceased and Rawleigh knowing nothing but that he might appear in England with safety put in at Plimouth and was no sooner landed but by secret intimation understanding his danger sought to escape beyond Sea but was taken in the attempt brought to London and recommitted to the Tower and at length his life was offered up a Sacrifice for Spain but not upon such grounds as the Ambassador had designed for he desired a Judgment upon the pretended breach of Peace that by this occasion he might slily gain from the English an acknowledgment of his Masters right in those places and hereafter both stop their mouths and quench their heat and valor But the late voyage was not brought in question onely his former Condemnation was revived his Araignment at Winchester many years before was now laid open and he at the Kings Bench demanded why Execution should not be done upon him according to the Sentence therein pronounced Rawleigh answered That the Kings late Commission gave him a new life and vigor For he that hath power over the lives of others ought to be Master of his own This Plea was not accepted but the former Judgment took place and accordingly he lost his Head upon a Scaffold erected in the Old Pallace at Westminster Whilest Spain and England were thus closing the fire brake out in Germany between the States and Princes Protestant and the House of Austria These commotions involved and drew along the affairs of most Christian Princes especially of the two Potent Kings now in Treaty The Catholick Cause and the Lot of the House of Austria engaged the King of Spain who was the strongest Branch of that Stock King Iames must needs be drawn in both by common and particular Interest the Religion which he professed and the State of his Son in Law the Elector Palatine who became the principal part in those Wars and the most unfortunate It was an high business to the whole Christian World and the issue of it had main dependence upon the King of England being the Mightiest Prince of the Protestant Profession But this Kings proceedings were wholly governed by the unhappy Spanish Treaty The clouds gather thick in the German skie jealousies and discontents arise between the Catholicks and the Evangelicks or Lutherans of the Confession of Ausburge Both parties draw into Confederacies and hold Assemblies the one seeking by the advantage of power to incroach and get ground the other to stand their ground and hold their own The potency of the House of Austria a House devoted to the Persecution of the Reformed Religion became formidable The old Emperor Matthias declared his Cousin German the Archduke Ferdinand to be his adopted Son and Successor and caused him to be chosen and crowned King of Bohemia and Hungary yet reserving to himself the sole exercise of Kingly power during his life The Iesuits triumph in their hopes of King Ferdinand the Pope exhorted the Catholicks to keep a day of Jubilee and to implore aid of God for the Churches high occasions To answer this Festival the Elector of Saxony called to minde that it was then the Hundreth year compleat since Martin Luther opposed the Popes Indulgences which was the first beginning of Protestant Reformation Whereupon he ordained a Solemn Feast of three days for Thanksgiving and for Prayer to God to maintain in peace the purity of the Word and the right administration of the Sacraments The Professors of the Universities of Lipsick and Wittemberg the Imperial Towns of Franckford Worms and Noremburg yea the Calvinists also observed the same days of Jubilee against the Romish Church and much Gold and Silver was cast abroad in memory of Luther whom they called Blessed In these times the Emperor wrote Letters both to the Elector Palatine and to the Protestant Provinces and States of the Empire then assembled at Hilbrun advising them to acquiesce in what was done touching the designation of his adopted Son to the Empire to observe the Golden Bull the Magna Charta of the Empire and the matter of it
Sword and Blade and to what place both the head and tail became Vertical together with other secrets Said That not onely all Europe to the elevation of Fifty two degrees was liable to its threatnings but England especially yea That person besides in whose fortune we are all no less imbarked then the Passenger with the Ship is in the Pilot that guideth the same the truth whereof said he a few years will manifest to all men And it was observed by Dr. Bainbridge a famous Astronomer that toward the Declination of it the Eleventh of December it past over London in the morning and so hasted more Northwards even as far as the Orcades Amidst these distractions the House of Austria made no small improvement of their interest in the King of Great Brittain who in the hot pursuit of the Spanish Match was earnest to oblige them And the Spaniards made shew that on their part nothing under Heaven was more desired then this Alliance and in their Discourses magnified the King Queen and Prince of England For the state of their Affairs did press them hard if not to close really yet at least to fain a pressing towards it For the French administred cause of discontent the Truce with the United Provinces was near expiring but above all they took to heart the Bohemian War and resolved to set the main stock upon it Wherefore the King of Spain gave commandment that his Treasure should be gathered together for the Infanta's vast portion being no less then Two Millions and gave hopes of the payment of half a Million beforehand as was desired and with himself all Dispatches seemed to pass freely But his Ministers gave not the same satisfaction and proceeded so slackly in the business that they were suspected either not to intend it at all or not so soon as was pretended Besides the wiser here observed and repined that all difficulties hazards and odious passages must rest on the English side which Spain did little value That King Iames did that to gratifie the Spaniard which rendred him disgusted by his Subjects but if Favor were granted to any Subject of his by the King of Spain it was not without design to engage him in his own Service Which resentments may be collected from a Letter written by a great Minister of State to Mr. Cottington his Majesties then Agent in Spain which for clearer satisfaction you have here at large GOod Mr. Cottington I doubt not but that before these come to your hands you will have heard of the Receipt of all your former Letters These are in answer of your last of the Eighth of October wherein you advertise of the arrival of the Conde Gondomar at Lerma and of his entertainment by that Duke It seemeth unto us here in England that he hath gone but very slowly in his journey and divers seeing how long time he hath spent in the way do make conjecture That it proceedeth from the small affection that he judgeth to be there towards the effecting of the main business saying If the Ambassador were assured that his Master did so really desire the speedy effecting thereof as is pretended he would have made more haste homeward and that it hath not been sincerely intended but meerly used by that State as an amuzement to entertain and busie his Majesty withal and for the gaining of time for their own ends And this is muttered here by very many but I hope we shall ere long receive such an account from thence of their proceedings as will give sufficient satisfaction For my own part I must confess I am yet well perswaded of their intentions for if there be either Honor Religion or Moral honesty in them the Protestations and Professions which I have so often heard them make and you likewise daily advertise hither are sufficient to perswade a man that will not judge them worse then Infidels to expect sincere dealing in the business and whensoever I shall perceive that they go about to do otherwise I must confess my self to have been deceived as I shall ever be on the like terms while I deal with inmost care but withal I shall judge them the most unworthy and persidious people of the World and the more for that his Majesty hath given them so many testimonies of his sincere intentions toward them which he daily continueth as now of late by the causing Sir Walter Rawleigh to be put to death cheifly for the giving them satisfaction whereof his Majesty commanded me to advertise you and concerning whom you shall by the next receive a Declaration shewing the Motives which induced his Majesty to recal his mercy through which he had lived these many years a condemned man In the mean time I think it â—it that to the Duke of Lerma the Confessor and the Secretary of State you do represent his Majesties real manner of proceeding with that King and State and how for the advancing of the great business he hath endeavored to satisfie them in all things letting them see how in many actions of late of that nature his Majesty hath strained upon the affections of his people and especially in this last concerning Sir Walter Rawleigh who died with a great deal of courage and constancy and at his death moved the common sort of people to much remorse who all attributed his death to the desire his Majesty had to satisfie Spain Further you may let them know how able a man Sir Walter Rawleigh was to have done his Majesty service if he should have been pleased to imploy him yet to give them content he hath not spared him when by preserving him he might have given great satisfaction to his Subjects and had at command upon all occasions as useful a man as served any Prince in Christendom and on the contrary the King of Spain is not pleased to do any thing which may be so inconvenient unto him as to lessen the affections of his people or to procure so much as murmuring or distractions amongst them And therefore it is to be expected that on his part they answer his Majesty at least with sincere and real proceeding since that is all they are put to the difficulties and hazards being indeed on his Majesties side And truly I should think it â—it that not by way of commination but as it were out of zeal to the Peace and Amity betwixt these two Crowns you did intimate to the Duke and the other Ministers how impossible you held it to have peace long continued betwixt their Majesties if in this business wherein so much hath been professed there should be found any indirectness But herein you must be cautious and temperate for as on the one side you and I well know that this stile most perswades with them so on the other side the decency and buen termine that is to be observed betwixt great Princes will hardly admit of Threats or Revenge for a Wooing Language but this I know falleth into so
discreet a hand that I little fear the handsome carriage of it And I hope that before these Letters arive with you we shall hear from you in such a stile that this advice of mine shall be of no use I pray you be very earnest with the Conde Gondomar that he will not forget to negotiate the liberty of Mr. Mole for whom I hope now my Lord Ross is dead for that which you and I know it will not be so difficult to prevail You may put him in minde how when Father Baldwills liberty was granted unto him although he could not absolutely promise Mr. Moles release yet he then faithfully protested he would use the mediation of the Duke of Lerma and of the Kings Confessor and of that King if need were and that he would try the best friends he had for the procurement of his enlargement wherein you may desire him to deal effectually for that there is great expectance that he should proceed honorably and really therein I my self likewise will use all the means I can for his relief for it is a thing which is very much desired here and would give a great deal of satisfaction As touching Osulivare it is very fit that you let them know that the report of the honor they did him hath come unto his Majesties ears and that although they will alleage that in the time of Hostility betwixt England and Spain it may be he did them many services and may then have deserved well at their hands for which they have just cause to reward him Yet since by his Majesties happy coming to these Crowns those differences have had an end and that there is a perfect League and Amity betwixt them his Majesty cannot chuse but dislike that they should bestow upon him any title or dignity which onely or properly belongeth unto him towards his own Subjects that therefore he would be glad that they would forbear to confer any such titulary Honors upon any of his Subjects without his Privity This you shall do well to insist upon so that they may understand that his Majesty is very sensible that they should endeavor to make the Irish have any kinde of dependence on that State Queen Anne died this year at Hampton Court and was thence brought to her Palace at Denmark-house in the Strand The common people who were great Admirers of Princes were of opinion that the Blazing-Star rather be-tokened the Death of that Queen then that Cruel and Bloody War which shortly after hapned in Bohemia and others parts of Germany IN the beginning of the year One thousand six hundred and nâ—neteen the Emperor Matthias died but immediately before his death to engage Persons of Honor in the Service of the Empire he instituted Knights of several Orders for the defence of the Catholick Religion who were bound by Oath to be faithful to the Apostolick Sea and to acknowledge the Pope their cheif Protector The Count Palatine of Rhine who in the interregnum is cheif Vicar of the Empire published his right by the Golden Bull to govern in cheif till a new Emperor be chosen and by Advice assumed the Power requiring the people to demean themselves peaceably under his Government King Ferdinand in his broken Estate propounded a Cessation of Arms and offered fair terms of peace but was not answered for the breach would not be made up The Bohemians declared that their Kingdom was Elective not Hereditary that the States-General ought to have the free Election of their King who always ought to be one of the Royal House of Bohemia That Ferdinand took the Government upon him by vertue of his Coronation in the Emperors life time and had thereby made the Kingdom a Donative The Evangelicks in the Upper Austria demanded equal Priviledges with the Catholicks and resolved to make union with the Bohemians The Protestant States of Moravia Silesia and Hungaria banish the Jesuites The Bohemians prospered in these beginnings but the Austrian party received vigor by supplies out of Hungary and Flanders and were able to stand their ground and the Emperor capitulated with the Duke of Bavaria to levy forces to his use for the expence of which service he engaged part of his Country to him The War grows to a great height and the King of England interposed in these differences and sent the Viscount Doncaster Extraordinary Ambassador to mediate a Reconciliation His constant love of Peace and his present fear of the sad issue of these Commotions and the request of the King of Spain moved him to take this part in hand It was the Spaniards policy to make him a Reconciler and by that means to place him in a state of Neutrality and so frustrate the hopes of that support which the Princes of the Union might expect from him by the Interest of the Count Palatine For which cause the King of Spain speaks out large promises That he should be the sole and grand Arbiter of this Cause of Christendom Nevertheless his Mediation was slighted by the Catholick Confederates and his Ambassador shufled out of the business And at the same time Mr. Cottington being very sensible of their unworthy dealings in the Court of Spain professed That his most useful service and best complying with his own Conscience would be to disengage the King his Master The Archbishop of Ments the Representers of the Duke of Saxony and the other Electors Brandenburgh Cullen and Tryers met at Franckford to chuse the Emperor Upon the Eighth day of August Ferdinand was chosen King of the Romans and upon the Nineteenth of September had the Imperial Crown set upon his Head Ambassadors from the Elector Palatine came to oppose Ferdinand but were denied entrance at Franckford The Bohemians disclaimed the said Election and being assembled for that purpose with the consent of their Confederates elected for their King Count Frederick Palatine of Rhine At that time Bethlem Gabor Prince of Transylvania made known to the Directors Evangelick his great sense of their condition since those troubles began desired union with them and offered to come in with an Army hoping for the Great Turks consent to peace during the time of that Service The Directors return their thanks accept the offer and Prince Bethlem immediately entred Hungary to the Emperors great vexation danger and detriment marching with an Army even to the Walls of Vienna The Count Palatine Elected King of Bohemia craved advice to his Father in Law the King of Great Brittain touching the acceptation of that Royal Dignity When this important business was debated in the Kings Council Archbishop Abbot whose infirmities would not suffer him to be present at the Consultation wrote his minde and heart to Sir Robert Nanton the Kings Secretary That God had set up this Prince his Majesties Son in Law as a Mark of Honor throughout all Christendom to propagate the Gospel and to protect the oppressed That for his own part he
strength of the Enemies Forces now in the Palatinate Moreover The King to encourage the Princes of the Union and to keep them in Arms sent them Thirty thousand pounds yet withall resolved to treat for Peace and dispatched Sir Edward Villers into Silesia to fetch the Palsgraves Submission to the Emperor upon Conditions to be conceived according to equity and conveniencie Never did the Spaniards more flatter King Iames then after the Defeat at Prague They affirm that he shall ordain according to his pleasure in the Palsgrave's Restitution and be obeyed That the Infanta's Portion was preparing and that the Pope was obliged to grant the Dispensation from whom they resolve to take no denial Cottington the Agent in Spain now attested the Honesty of Gondomar's Dispatches hither and cryed him up for a Cordial man and well deserving His Majesties favor This notable Spanish Engine had so wrought himself into the Kings affections that he gained the accoss of a Favorite rather then of an Ambassador from a Foreign Prince Some in the English Court were then suspected to be Pensioners to Spain as may be gathered from the Spanish Ambassadors Instructions received from the King his Master BEsides that which I enjoin you in your General Instructions given you for England whither I send you to reside I thought good to advertise you apart by themselves of the chiefest things of Importance which you shall there negotiate and endeavor to further and advance It is well known that I have desired and endeavored to favor the Cause of the Catholicks of that Kingdom and to further it to their best advantage as well in the time of the Queen deceased who did so much prosecute and oppress them as since the time that the present King hath succeeded yet that calamity still continues upon them by reason of the ill offices done unto them by the Puritans and Protestants of whom the greater part of that Kings Council doth consist Howbeit because it is a thing that I could not well urge or press without breeding jealousies and so cause thereby a greater harm to the Catholicks I have proceeded on my part with that wariness and dissimulation as is fit D.A. shall inform you of what hath passed in this matter as also in what estate things are at this present and how you shall govern your self for the time to come according to the orders given unto him whose example we wish you to follow And of this take special heed That although it be believed that we may be very confident of the trustiness of those Catholicks by whose means the business of the rest is undertaken that they will be secret notwithstanding lest any Heretick shall come in the name or shew of a Catholick only to make some discovery It shall be fit that in all speeches you shall have with them concerning that which shall touch the Catholicks that you tell them how much I desire to see them freed from those pressures under which Queen Elizabeth put them and that God would inspire the Kings heart that he may reduce himself to the obedience of the Roman Catholick Church And advise them to endeavor to win the King unto them by shewing themselves good and loyal and obedient Subjects in temporal duties and not to meddle any thing against his State that by their deeds he may see what security may be expected from them and may also bind himself to favor them these being things that do no way contradict the observing the Catholick Religion and are due from them to the dignity of their King and Natural Lord And for the same reason they ought to abstain from all ill practices or unfitting speech or actions against his Person as is said some heretofore have used especially seeing no good hath or can come thereof and thereby they shall justly provoke him against themselves and by holding this course they shall win the Kings good will and the Peace shall be preserved and by the Peace by little and little be won and attained that which is desired By this manner of proceeding it is certain there can come no inconvenience But in case that this your manner of dealing shall come to the Kings knowledge as possibly it may it will breed a great obligation of brotherhood and friendship between us when he shall see that I carry my self in this sort in his affairs and consequently will be the more confident of our amity and will thereby be induced the better to subdue all malice in them that shall endeavor to perswade the contrary And therefore you shall have a special care to do this dexteriously in due time and season and to inform your self very particularly from the said D. A. concerning those with whom you may deal confidently and how far you may trust the Negotiants for the Catholicks though you shall do well alway to proceed with the aforesaid caution and wariness You shall understand from the said D.A. what Pensions are allotted to certain Ministers of that King and to other persons It will be necessary to inform your self throughly of all that concerns this point and that you know both the Persons and Pensions to serve your self of them and to make the best use of them in all occasions that shall be most behoveful for your better direction in the Businesses given you in charge and all others that may be offered of consequence seeing the said Pensions were appointed to that end Whatsoever of the said Pensions you shall find unpaid for the time past D. A. is to discharge and you shall undertake for the time to come telling every one what his Pension is to the end they may be deceived of no part thereof by the Third person who conveys it unto them and let it be punctually paid at the days that their good payment may bind them to persevere and do their service punctually for the which you shall be furnished with all that shall be necessary And have a special care to advertise me how such persons employ themselves in the things that shall occur disguising their names in such manner as D.A. doth Above all You must take great care to dive into the estate of the affairs of that King What his Treasure is In what Estimation he is with his Subjects and what Correspondeneie and good meaning there is betwixt them How the English Scotch and Irish stand affected among themselves and one towards another and towards their Neighbors and how they are bent against me and my Common Estates or any of my particular Kingdoms whence they draw their Intelligences and particularly what amity and correspondencie that King entertaineth with France and with the Neutrals of Holland and Zealand and with the Venetians and upon what causes it is founded what matters they treat of what designs they have in hand All which is very necessary to be known for the attaining of which D.A. will open unto you some ways which you must follow besides those
which your self shall discover And you shall advertise me of whatsoever you shall understand the learn governing your self in all occurrents with that wariness and discretion as your zeal to my service doth assure me of These were the Arts of Spain to corrupt divers in the Court of England Buckingham and his Dependants followed the Kings inclinations The Duke of Lenox Marquis Hamilton and William Earl of Pembroke disliking the Kings course did not contest with him but only intimated their dissent It was said of Gondomar That when he returned into Spain he gave in his Account of Disbursments for Pensions given in England amongst others To Sir Robert Cotton 1000 l. a person of great Integrity and one who was ever averse to the House of Austria Which Sir Robert getting notice of by the English Agent then in Spain demanded reparation which was obtained but with a salvo to the Ambassadors honor the error being said to be committed by a Dependent upon the Ambassador and not by himself The King being jealous of uncomptrolled Soveraignty and impatient of his Peoples intermedling with the Mysteries of State had fallen into a great dislike of Parliaments and for many years before had given way to Projects and Monopolies And many of his Ministers perhaps fearing an enquiry into their own actions might suggest to him that he might better furnish himself by those ways and the Match now in treaty then by Subsidies usually accompanied with the redress of Grievances Nevertheless he was now minded to call a Parliament conceiving it might be of special use For he observed the affections of the People to be raised for the Recovery of the Palatinate and then concluded that those affections would open their purses to the supply of his wants and the Treaty with Spain would effect the business without the expence and troubles of War and the good accord between him and his people would quicken the Spaniard to conclude the Match And accordingly Writs were issued forth to assemble them the 30. of Ianuary In the calling of this Parliament he recommended to his Subjects the choice of such Members as were of the wisest gravest and best affected people neither superstitious nor turbulent but obedient Children to this their Mother-Church In the mean while in Germany the Protestant Union continually declined by the gradual falling away of the several partakers The Elector of Saxony reduced the remainder of Lusatia The Province of Moravia upon the approach of Buquoy seeing the Count de Latiere came not in to their succor prayed that they might enjoy their Priviledges in matter of Religion and be received into the Emperors grace and favor which submission was well received at Vienna Likewise the States of Silesia failing of assistance from the Elector Palatine were constrained to make their peace Then the Palatine propounded to the Elector of Saxony an Overture of Peace declaring That he took the Crown upon him to preserve the Protestants in the free exercise of their Religion The Saxon replied That he had no way to make his Peace but to renounce the Kingdom of Bohemia and the Provinces Incorporate and to beg the Emperors pardon Afterwards the Elector Palatine goeth to Brandenburgh and then to Segenburgh where there was an Assembly of Princes and States Protestant to oppose the exploits of Spinola In the mean while Count Mansfield stirs in Bohemia pillages several Towns and the Goods of all those that cryed God save King Ferdinand The relation of England to these affairs of Foreign States had caused a general liberty of discourse concerning matters of State which King Iames could not bear but by Proclamation commanded all from the highest to the lowest not to intermeddle by Pen or Speech with State-concerments and secrets of Empire either at home or abroad which were no fit Themes or Subjects for Vulgar persons or Common meetings On the Thirtieth day of Ianuary the Parliament began to sit and the King came in person and made this Speech MY Lords Spiritual and Temporal and you the Commons Cui multiloquio non deest peccatum In the last Parliament I made long discourses especially to them of the Lower House I did open the true thoughts of my heart but I may say with our Saviour I have piped to you and you have not danced I have mourned and you have not lamented Yet as no mans actions can be free so in me God found some spices of vanity and so all my sayings turned to me again without any success And now to tell the reasons of your calling and this meeting apply it to your selves and spend not the time in long Speeches Consider that the Parliament is a thing composed of a Head and a Body The Monarch and the Two Estates It was first a Monarchy then after a Parliament There are no Parliaments but in Monarchical Governments For in Venice the Netherlands and other Free Governments there are none The Head is to call the Body together And for the Clergy the Bishops are chief for Shires their Knights and for Towns and Cities their Burgesses and Citizens These are to treat of difficult matters and to counsel their King with their best advice to make Laws for the Commonweal And the Lower House is also to petition their King and acquaint him with their Grievances and not to meddle with their Kings Prerogative They are to offer supply for his Necessity and he to distribute in recompence thereof Justice and Mercy As in all Parliaments it is the Kings office to make good Laws whose fundamental cause is the Peoples ill manners so at this time that we may meet with the new Abuses and the incroaching Craft of the times Particulars shall be read hereafter As touching Religion Laws enough are made already It stands in two points Perswasion and Compulsion Men may perswade but God must give the blessing Iesuites Priests Puritans and Sectaries erring both on the right hand and left hand are forward to perswade unto their own ends and so ought you the Bishops in your example and preaching But Compulsion to obey is to bind the Conscience There is talk of the Match with Spain But if it shall not prove a Furtherance to Religion I am not worthy to be your King I will never proceed but to the glory of God and content of my Subjects For a Supply to my Necessities I have reigned Eighteen years in which time you have had Peace and I have received far less supply than hath been given to any King since the Conquest The last Queen of famous memory had one year with another above a Hundred thousand pounds per annum in Subsidies And in all my time I have had but Four Subsidies and Six Fifteens It is Ten years since I had a Subsidy in all which time I have been sparing to trouble you I have turned my self as nearly to save expences as I may I have abated much in my Household expences in my
the Ambassadors person as some are said to have done yet for using railing speeches against him calling him Divel or words to that purpose it was His Majesties pleasure that that fellow without any further delay on the morrow in the forenoon be publickly and sharply whipt thorow London beginning at Algate and so through the streets along by the place where the affront was offered towards Fleetstreet and so to Temple-Bar without any manner of favor The people were enraged at Gondomar through a perswasion that he abused the King and State to advance the designs of Spain By means of his power with the King he had transported Ordinance and other warlike Provisions to furnish the Spanish Arsenals and it was believed that he underhand wrought the sending of Sir Rob. Mansel into the Mediterranean Sea to fall upon the Pirates of Algier The Merchants of this Kingdom by them much infested being also induced to move for this Expedition wherein the English fleet performed gallantly and advancing within the reach of Cannon and small shot which from the Land showred like Hail upon them fired the Pirates ships within their own Harbor Nevertheless hereby our Strength was diverted our Treasure exhausted and the Spanish fleet and Merchants secured from those Robbers and Spain left at liberty to assist in subduing the Palatinate In the mean while our Kings Affairs in Germany notwithstanding the many Complaints grew more and more desperate In Bohemia the Emperor having well nigh subdued and setled the Country proceeded to the Tryal and Execution of the Authors of the late Commotions some were condemned to perpetual imprisonment and others to death and the Heads of many eminent persons were fixt on the Towers in Prague and their bodies quartered After this the Emperor began both in Austria and Hungaria to imprison divers that assisted the Bohemians and caused Proces to be made against them The Marquess of Iagerndorfe who stirred in the County of Glatsburgh and raised forces by Commission from the Elector Palatine published Letters against the Executions in Bohemia as cruel and barbarous The Emperor put forth an Answer and said That the Marquess published those things maliciously forasmuch as in Bohemia was the Original sedition and the head that infected the members That some few persons Authors of the troubles not in hatred of their Religion but for their Rebellion have been punished by the hand of Justice And he declared further That the like exemplary Justice should not be done in other places but that the Articles of the Peace should be observed By this time the Parliament having sate about four moneths King Iames was desirous to give them a time of vacancie The Lord Treasurer by the Kings command declared unto the Houses That his Majesty by the advice of his Privy Council thought fit to adjourn the Parliament lest the season of the year by the continual concourse of people should cause Infection Also that the Lieutenans and Justices might be in the Country And the Adjournment keeping the Parliament still in being was better then Proroguing That his Majesty had already redressed corruption in Courts of Justice and by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver-Thread and cherished the Bill against Informers and Monopolies The Commons were troubled at this Message and desired a Conference with the Lords and moved them to petition the King to forbear the Adjournment The King takes notice of it and the Treasurer acquainted the Lords that a Petition of this nature could not be pleasing to his Majesty it seeming to derogate from his Prerogative who alone hath power to call adjourn and determine Parliaments The Commons at a further Conference declared their hearty sorrow and passionate grief at the Kings resolution which they said cut off the performance of what they had consulted and promised for the Publique weal. The Lords sitting in their Robes the King came and made a Speech takes notice of his Message to both Houses and gave their Lordships thanks for obeying the same and acknowledging his power to call adjourn and dissolve Parliaments and for refusing to join with the Commons in the Petition for Non-adjournment And whereas some had given out that no good had been done this Parliament He put them in mind that the two Patents grievous to the Commonwealth were called in and that the Parliament had censured the Offenders for an example to all ages And if they desired it he offered them eight or ten days longer sitting to expedite Bills but said that at the request of the Commons he would not grant it The Lords had a Conference with the Commons after which they moved the King to continue their sitting for fourteen days which was granted and the Commons were satisfied with the resolution of Adjournment A Committee of both Houses afterwards attending the King he told them how ill he took it that the Commons should dispute his reasons of Adjournment all power being in him alone to call adjourn prorogue and dissolve Parliaments And on Iune 4. he declared for an Adjournment till November following And that he will in the mean time of his own authority redress Grievances And his Majesty as General Bishop of the Land did offer his prayers to God for both the Houses and admonished them That when they go into the Country they give his people a good accompt and satisfaction both as to the Proceedings and to the Adjournment of the Parliament The House of Commons immediately before their recess taking to heart the miseries of the Palatinate resolved that the drawing back in so good a Cause should not be charged on their slackness And thereupon drew up this following Declaration with an universal consent THe Commons assembled in Parliament taking into most serious consideration the present state of the Kings Children abroad and the generally afflicted estate of the true Professors of the same Christian Religion professed by the Church of England in Foreign parts And being touched with a true sense and fellow féeling of their distresses as Members of the same Body do with unanimous consent in the name of themselves and the whole body of the Kingdom whom they represent declare unto his most excellent Majesty and to the whole World their hearty grief and sorrow for the same and do not only join with them in their humble and devout prayers unto Almighty God 〈◊〉 protect his true Church and to avert the dangers now threatned but also with one heart and voice do solemnly protest That if His Maiesâ—â—â— pious endeavors by Treaty to procure their peace and safety shall not take that good effect which is desired in Treaty Wherefore they humbly beseech His Majesty not to suffer any longer delay That then upon signification of His Majesties pleasure in Parliament they shall be ready to the utmost of their powers both with their lives and fortunes to assist him so as that by the Divine
help of Almighty God which is never wanting unto those who in his fear shall undertake the Defence of his own Cause He may be able to do that with his sword which by a peaceable course shall not be effected After the recess of Parliament the King by Proclamation declared his Grace to his Subjects in matters of Publique Grievance And taking notice that many great affairs debated in Parliament could not be brought to perfection in so short a time And that the Commons thought it convenient to continue the same Session in course of Adjournment And withall observing that divers of those Particulars required a speedy determination and settlement for his peoples good and that they are of that condition and quality as that he needeth not the assistance of Parliament to reform the same and would have reformed them before the Parliament if the true state of his Subjects Grievances had been made known unto him He hath determined and doth declare an immediate redress therein by his own Regal authority as in the business of Informers of Miscarriages of Ministers in Chancery of the Patents for Gold and Silver-Thread for Licensing Pedlers and Petty-Chapmen for the sole Dressing of Arms for the Exportation of Lists and Shreds and for the sole making of Tobacco-pipes Cards and the like And besides the redress of these Grievances he will enlarge his grace unto other kindes for the Subjects ease And that both his own and the ears of his Privy-Council shall be open to his Peoples modest and just Complaints Moreover a second Proclamation was issued forth against Excess of Licentious speech touching State-affairs For notwithstanding the strictness of the Kings former Command the Peoples inordinate liberty of unreverend speech increased daily Wherefore the King threatned severity as well against the Concealers of such Discourses as against the boldness of Audacious Tongues and Pens On the Tenth of Iuly Iohn Williams Doctor of Divinity and Dean of Westminster was sworne Keeper of the Great Seal of England The King was plyed from Spain and Rome to enlarge his favors to Popish Recufants For reports were then brought to Rome That the Catholicks of England Scotland and Ireland were cruelly used And besides this there went a rumor that King Iames in a Speech in Parliament had declared That notwithstanding the Marriage with Spain the English Catholicks should not be one jot in better condition But the King said no more then this That if any of that party did grow insolent let his People count him unworthy to reign if he gave not extraordinary punishment Thus was the King entangled in the ways which he had chosen For it was not possible for him at once to please his People and to satisfie his Foreign Interests About the same time the Lord Digby who was sent Ambassador to the Emperor had Audience at Vienna The principal heads of his Embassie were these That the Elector Palatine and the Children of the King of Great Britain his Master might be received into the Emperors favor and restored to all their Hereditary Goods and the Prince Elector himself to the Title which he enjoyed before the troubles of Bohemia That the Ban Imperial published against him should be revoked and the execution thereof suspended which being done the King of Great Britain will undertake that the Palatine shall render due obedience to his Imperial Majesty and submit to Conditions meet and honest To these Demands he received Answer That the Emperor had a very good will to gratifie the King of Great Britain and those other Kings and Princes that had made the same request for the Palatine But he could not grant it because the Palatine to this hour useth the Counsels of many of the Electors and Princes in opposition to the Emperor And when the Emperor had agreed to a Cessation of Arms according to the desires of the King of Great Britain and had ordered the suspending of all Hostility in the Lower Palatinate at the same time the Palatine gave Commission to raise Forces and do acts of Hostility which was put in execution by Count Mansfeld and Marquis Iagerndorf to begin new troubles in Bohemia Silesia and Moravia Nevertheless the Emperor having appointed an Assembly to meet at Ratisbone will there make known the desires of the King of Great Britain who shall know what Resolution is there taken concerning the Palatine Albert Archduke of Flanders at the request of King Iames had made intercession for the Palsgrave After his decease the Archduchess his wife continued the same mediation by Letters to the Emperor And withall the Kings Ambassador further proposed these Conditions for a Cessation of Arms and a Suspension of the Ban Imperial That Mansfeld and Iagerndorf shall observe the Agreement otherwise the Prince Palatine shall revoke their Commissions and declare them his Enemies and that their Garrisons in Bohemia shall be rendred to the Emperor The Emperor answered the Archduchess That the Archduke her husband in his life-time had exceedingly recommended the Interposition of the King of Great Britain and the great prudence of that King in not approving the Actions of the Palatine Which Recommendation as to a Treaty and Cessation of Arms he shall entertain and consult thereupon with the Deputies of the Electors and Princes of the Empire The English Ambassador departed from Vienna to the Duke of Bavaria who had then entred the Upper Palatinate and had published the Emperors Declaration against Mansfeld and his Adherents and exhorted the States and Princes there to execute the same and the rather for that he had not heard of any King Elector Prince or State no not so much as the King of Great Britain that had approved the seditious Revolt of the Bohemians except some few States and Princes who for interest did countenance the same The Ambassador found the Bavarian acting hostility and committing great spoils in the Country and resolving to reject all Propositions of Peace or Cessation Nor could the Emperor agree upon any Truce without the Duke of Bavaria First in respect of his agreement neither to make War or Peace without the consent of the said Duke which happened because upon the former Truce made with the Archduke the Soldiers that were in the Lower Palatinate and wanted employment came up into the Higher Palatinate to Count Mansfeld and much infested the Duke of Bavaria Secondly in regard the Duke of Bavaria had a great part of Austria in pledge for his satisfaction Thirdly because the Emperor was barred from all other passages but through Bavaria by Bethlem Gabor Jagerndorf and Budiani And the Duke upon receipt of the Emperors Letter touching the Truce sent the Lord Digby a deriding Answer That there was no need to labor for a Truce for the Wars were at an end in that he agreed with Count Mansfeld nor did he doubt of keeping both Palatinates in peace till the Emperor and Palsgrave were agreed So the King
received but a slender return of the Lord Digby's Embassie to the Emperor for the restoring of the Elector Palatine But the Emperors full meaning in the business may be found at large in his own Letter to Don Baltazar de Zuniga a prime Councellor of State in Spain to be by him represented to the King his Master to this effect THat beholding the admirable providence of God over him he is bound to use that most notable Victory to the honor of God and the extirpation of all Seditions and Factions which are nourished chiefly among the Calvinists lest that Iudgment which the Prophet threatned the King of Israel should fall upon him Because thou hast dismissed a man worthy of death thy soul shall be for his soul. The Palatine keeps now in Holland not only exiled from the Kingdom which he rashly attempted but despoiled almost of all his own Territories expecting as it were the last cast of Fortune whom if by an impious kind of commiseration and his subtile petitioning he shall be perswaded to restore and nourish in his bosom as a trodden half-living snake what can he expect less then a deadly sting from him who in regard of his guilt can never be faithful but will alway gape for occasions to free himself from his fears and the genius of whose sect will make him an Enemy or an unsound Friend to the House of Austria and all other Catholick Princes Wherefore firmly casting in his minde that the Palatine cannot be restored He hath freely offered the Electorate to the Duke of Bavaria a most eager Defender of the Catholick cause by which means the Empire will always remain in the hand of Catholicks and so by consequence in the House of Austria And in so doing he shall take away all hope from the Palatine and those that sollicite so importunately for his restitution And it is to be hoped that the Lutheran Princes especially the Duke of Saxony will not so far disallow this translation as to take up Arms seeing Charls the Fifth upon a far lighter cause deprived John Frederick Duke of Saxony of the Electorate and conferred it on Maurice this Dukes great Uncle Besides no less is the Lutherans hatred of the Calvinists then of the Catholicks Such were the effects which the Kings Treating had wrought with the Emperor The Parliament that was to meet November the Fourteenth the King by Proclamation adjourned to the Eighth of February and expressed the cause to be the unseasonableness of the time of the year But this long Recess was shortned and the King declared That upon Important Reasons he had altered his former Resolutions and did adjourn it for no longer time then from the Fourteenth to the Twentieth of this instant November Upon which day it Reassembled and the King being absent by reason of his indisposition in health commanded a Message to be delivered to both Houses by the Lord Keeper the Lord Digby and the Lord Treasurer In the first place he acquainted the Two Houses with His Majesties indisposition of health which was the occasion of his absence at the opening of the Parliament yet he could not say he was absent so long as he was represented by a Son who was as dear to the Kingdom as to His Majesty As to the occasion of calling the Parliament by way of Antecedent he took notice of several effects of His Majesties gracious care over the Nation since the last Recess of the Parliament in His Majesties answering several Petitions concerning Trade Importation of Bullion Conservation of Coyn in the Land and prohibiting the Transportation of Iron Ordinance and that His Majesty by His Proclamation reformed Thirty six or thirty seven several matters complained of as Publick Grievances all of them without the least Trucking or Merchandising with the People a thing usual in former times He further said That His Majesty did principally fix the occasion of the calling a Parliament upon the Declaration Recorded and divulged far and near by the Representative Communalty of this Kingdom to assist His Majesty to carry on the War to recover the Palatinate yet withal his Lordship gave an account how His Majesty was since the last Parliament encouraged to travel a little longer in his pious endeavors to procure a peace by way of Treaty and that the Lord Digby was sent Ambassador upon that occasion and since returned but not with such success as was to be hoped for He minded both Houses of one Heroical Act of His Majesties since the last Parliament in the advancement of Forty thousand pounds to keep together a Body of an Army in the Lower Palatinate which otherwise had been dissolved before this Parliament could be assembled And that unless the Parliament take further resolution and imitate rather Ancient then Modern principles and be expeditious in what they do the Army in the Palatinate will fall to the ground And lastly Told them that His Majesty did resolve that this Parliament should continue till seven or eight days before the Festivals and to be renewed again the eighth of Februaâ—â— to continue for the Enacting of Laws and Perioding of things of Reformation as long as the necessity of the State shall require the same After the Lord Keeper had done the Lord Digby having received a Command from His Majesty to that purpose gave a brief account of his Negotiation with the Archduke about the Treaty of Peace how the Archduke consented thereunto and writ accordingly to the Emperor and the King of Spain of his proceedings who also writ to Spinola for a Cessation of Arms the Archduke having the Command of the Spanish forces in Germany but the Duke of Bavaria would not consent thereunto and the Lord Digby informed the two Houses that by the carriage of the Duke of Bavaria and by other circumstances he did evidently discover That from the beginning that Duke affected to get unto himself the Palatinate and the Title of Elector He further declared That if Count Mansfield was not speedily supplied he could not keep his Army together Then he gave an account how bravely Sir Horatio Vere had behaved himself in the Palatinate and that by his wisdom and valor there was kept from the enemy Heidelburg Mainheim and Frankendale the last of which places had then endured a moneths siege He also spoke Honorably of Capt. Burroughs and concluded That the fittest Redress was to furnish and keep up the Army already there which must be done by supplies of Money and more Forces must be prepared against the next Spring that we may have there an Army of our own for the strengthning of the Palatinate and encouragement of the Princes of the Union Then the Lord Treasurer spake and acquainted both Houses how empty the Kings Coffers were and how he had assisted the Palatine and Princes of the Union with great sums which had exhausted his Treasure and that His Majesty was much in debt Nevertheless though the King
the Cause of Religion we must a little unfold your eyes herein The beginning of this miserable War which hath set all Christendom on fire was not for Religion but only caused by our Son-in-law his hasty and harsh resolution following evil Counsel to take to himself the Crown of Bohemia And that this is true himself wrote Letters unto us at that time desiring to give assurance both to the French King and State of Venice that his accepting of the Crown of Bohemia had no reference to the Cause of Religion but only by reason of his right of Election as he called it And we would be sorry that that aspersion should come upon our Religion as to make it a good pretext for dethroning of Kings and usurping their Crowns And we would be loth that our people here should be taught that strange doctrine No let us not so far wrong the â—esuites as to rob them of their sweet Positions and practice in that very point And upon the other part We assure our self so far of your charitable thoughts of us that we would never have constantly denied our Son in law both the Title and assistance in that point if we had been well perswaded of the justice of his quarrel But to conclude This unjust usurpation of the Crowns of Bohemia and Hungaria from the Emperor hath given the Pope and all that party too fair a ground and opened them too wide a gate for curbing and oppressing of many thousands of our Religion in divers parts of Christendom And whereas you excuse your touching upon the King of Spain upon occasion of the incidents by you repeated in that place and yet affirm that it is without any touch to his honor We cannot wonder enough that ye are so forgetful both of your words and writs For in your former Petition ye plainly affirm That he affects the Temporal Monarchy of the whole Earth then which there can be no more malice uttered against any great King to make all other Princes and Potentates both envy and hate him But if ye list it may easily be tryed whether that speech touched him in honor or not if ye shall ask him the question whether he means to assume to himself that title or no For every King can best judge of his own honor We omit the particular ejaculations of some foul-mouthed Orators in your House against the Honor of that Kings Crown and State And touching your excuse of not determining any thing concerning the Match of our dearest Son but only to tell your Opinion and lay it down at our feet First we desire to know how you could have presumed to determine in that point without committing of High Treason And next you cannot deny but your talking of his his Match after that manner was a direct breach of our commandment and declaration out of our own mouth at the first sitting down of this Parliament where we plainly professed that we were in Treaty of this Match with Spain and wished you to have that confidence in our Religion and Wisdom that we would so manage it as our Religion should receive no prejudice by it And the same we now repeat unto you professing that we are so far engaged in that Match as we cannot in honor go back except the King of Spain perform not such things as we expect at his hands And therefore we are sorry that ye should shew to have so great distrust in us as to conceive that we should be cold in our Religion Otherwise we cannot imagine how our former publique Declaration should not have stopt your mouths in this point And as to your request That we would now receive your former Petition We wonder what could make you presume that we would receive it whereas in our former Letter we plainly declared the contrary unto you And therefore we have justly rejected that suit of yours For what have you left unattempted in the highest points of Soveraignty in that Petition of yours except the striking of Coin For it contains the violation of Leagues the particular way how to govern a War and the Marriage of our dearest Son both Negative with Spain nay with any other Popish Princess and also Affirmatively as to the matching with one of our Religion which we confess is a strain beyond any providence or wisdom God hath given us as things now stand These are unfit things to be handled in Parliament except your King should require it of you For who can have wisdom to judge of things of that nature but such as are daily acquainted with the particulars of Treaties and of the variable and fixed connexion of affairs of State together with the knowledge of the secret ways ends and intentions of Princes in their several Negotiations otherwise a small mistaking of matters of this nature may produce more effects then can be imagined And therefore Ne Sutor ultra crepidam And besides the intermedling in Parliament with matters of Peace or War and Marriage of our dearest Son would be such a Diminution to us and to our Crown in Foreign Countries as would make any Prince neglect to treat with us either in matters of Peace or Marriage except they might be assured by the assent of Parliament And so it proved long ago with a King of France who upon a Trick procuring his States to dissent from some Treaty which before he had made was after refused Treating with any other Princes to his great reproach unless he would first procure the assent of his Estates to their Proposition And will you cast your eyes upon the late times you shall find that the late Queen of famous memory was humbly petitioned by a Parliament to be pleased to marry But her Answer was That she liked their Petition well because it was simple not limiting her to place or person as not befitting her liking to their fancies And if they had done otherwise she would have thought it a high presumption in them Judge then what we may do in such a case having made our publique declaration already as we said before directly contrary to that which you have now petitioned Now to the points in your Petition whereof you desire an Answer as properly belonging to the Parliament The first and the greatest point is that of Religion Concerning which at this time we can give you no other Answer then in the general which is That you may rest secure that we will never be weary to do all we can for the propagation of our Religion and repressing of Popery But the manner and form you must remit to our care and providence who can best consider of times and seasons not by undertaking a Publique War of Religion through all the World at once which how hard and dangerous a task it may prove you may judge But this puts us in mind how all the World complained the last year of plenty of Corn and God sent us a Cooling-card this year for that heat And
of England And that the arduous and urgent affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and redress of mischiefs and grievances which daily happen within this Realm are proper subjects and matter of Councel and Debate in Parliament And that in the handling and procéeding of those businesses every Member of the House of Parliament hath and of right ought to have freedom of spéech to propound treat reason and bring to conclusion the same And that the Commons in Parliament have like liberty and fréedom to treat of these matters in such order as in their judgments shall seem fittest And that every Member of the said House hath like freedom from all Impeachment Imprisonment and molestation other then by Censure of the House it self for or concerning any speaking reasoning or declaring of any matter or matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the advice and assent of all the Commons assembled in Parliament before the King gave credence to any private information But how the King was moved by the Protestation of the House of Commons will appear by this Memorial Whitehall Decemb. 30. 1621. HIs most Excellent Majesty coming this day to the Council the Prince his Highness and all the Lords and others of His Majesties Privy Council sitting about him and all the Iudges then in London which were six in number there attending upon His Majesty the Clerk of the Commons House of Parliament was called for and commanded to produce his Iournal-book wherein was noted and Entries made of most passages that were in the Commons House of Parliament and amongst other things there was written down the form of a Protestation concerning sundry Liberties Priviledges and Franchises of Parliament with which form of Protestation His Majesty was justly offended Nevertheless His Majesty in a most gracious manner there expressed That he never meant to deny that House of Commons any lawful Priviledges that ever they had enjoyed but whatsoever Priviledges or Liberties they had by any Law or Statute the same should be inviolably preserved unto them and whatsoever Priviledges they enjoyed by Custom or uncontrolled and lawful president His Majesty would be careful to preserve But this Protestation of the Commons House so contrived and carried as it was His Majesty thought fit to be razed out of all Memorials and utterly to be annihilated both in respect of the manner by which it was gained and the matter therein contained For the manner of getting it First in respect of the time For after such time as His Majesty out of his Princely grace and to take away all mistakings had directed his Letters to Secretary Calvert dated at Royston 16 Decembris and therein had so explained himself in the point of maintaining the priviledges of the House of Commons as that most of the said House rested fully satisfied and freed from any scruple of having their liberties impeached And after that by His Majesties Letters directed to the Speaker dated 18 December being Tuesday His Majesty at the humble suit of the House of Commons condescended to make this Méeting a Session before Christmas and for that purpose had assigned Saturday following Now upon this very Tuesday and while the Messengers from the House of Commons were with His Majesty at Theobalds to return thanks unto His Majesty and therewith an excuse from them not to make it a Session in respect of the strait of time whereunto they were driven which deferment His Majesty admitted of at their desires and thereupon gave order for the adjournment of the Parliament until the Eight of February next which was the first day formerly appointed by His Majesty for the méeting together of the Parliament And whilst their messengers were with His Majesty and had received a gracious Answer to return unto their House even that afternoon a Committee was procured to be made for taking their Liberties into consideration And this afternoon a Protestation was made to whom appears not concerning their Liberties and at six a clock at night by candle-light the same Protestation was brought into the House by the Committee and at that time of night it was called upon to be put to the Question there not being the third part of the House then present whereas in all matters of weight their usual custom is to put nothing of importance to the Question till the House be full And at this time many of them that were present expected the Question would have been deferred to another day and a fuller House and some then present stood up to have spoken to it but could not be seen nor heard in that darkness and confusion Now for the matter of the Protestation it is penned in such ambiguous and general words as may serve for future Times to invade most of Rights and Prerogatives annexed to the Imperial Crown the claim of some priviledges being grounded upon the words of the Writ for assembling the Parliament wherein some words viz. Arduis Regni are cunningly mentioned but the word quibusdam which restraineth the generality to such particular Cases as His Majesty pleaseth to consult with them upon is purposely omitted These things considered His Majesty did this present day in full assembly of his Council and in the presence of the Iudges declare the said Protestation to be invalid annulled void and of no effect And did further manu sua propria take the said Protestation out of the Iournal-book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of Council-causes On the Sixth of Ianuary the King by Proclamation dissolved the Parliament shewing that the assembling continuing and dissolving of Parliaments doth so peculiarly belong unto him that he needs not give an accompt thereof unto any Yet he thought fit to declare That in this Dissolution he had the advice and uniform consent of his whole Council And that some particular Members of the House of Commons took inordinate liberty not only to treat of his high Prerogatives and sundry things not fitting to be argued in Parliament but also to speak with less respect to Foreign Princes That they spent the time in disputing Priviledges descanting upon the words and syllables of his Letters and Messages And that these Evil-tempered spirits sowed tares among the corn and by their cunning devices have imposed upon him a necessity of discontinuing this present Parliament without putting unto it the name or period of a Session And lastly he declared That though the Parliament be broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call a Parliament again at convenient time The King was
outward practices and no secret motions of the Conscience are adjudged by the Laws of England to be meerly Civil and Political and are excluded by the Letter from the benefit of those Writs But because the peoples mouths were open and some Preachers were too busie and the Puritan party increased the King gave directions for the regulation of the Ministry in his Letters to the Lord Archbishop of Canterbury MOst Reverend Father in God Right trusty and intirely beloved Counsellor we greet you well Forasmuch as the abuses and extravagancies of Preachers in the Pulpit have been in all times suppressed in this Realm by some Act of Council or State with the Advice and Resolution of grave and learned Prelates insomuch that the very Licencing of Preachers had beginning by an Order of Star-Chamber the Eighth day of July in the Nineteenth year of the Reign of King Henry the Eighth our Noble Predecessor And whereas at this present divers yong Students by reading of late Writers and ungrounded Divines do broach many times unprofitable unsound seditious and dangerous Doctrines to the scandal of the Church and disquiet of the State and present Government We upon humble Representations unto us of these Inconveniencies by your self and sundry other grave and reverend Prelates of this Church as also of our Princely care and zeal for the extirpation of Schism and Dissention growing from these Seeds and for the settling of a religious and peaceable Government both in Church and Commonwealth Do by these our special Letters straitly charge and command you to use all possible care and diligence that these Limitations and Cautions herewith sent unto you concerning Preachers be duly and strictly from henceforth put in practice and observed by the several Bishops within your Iurisdiction And to this end our pleasure is that you send them forthwith Copies of these Directions to be by them speedily sent and communicated unto every Parson Vicar Curate Lecturer and Minister in every Cathedral or Parish Church within their several Diocesses and that you earnestly require them to employ their utmost endeavors in the performance of this so important a business letting them know That we have a special eye unto their proceedings and expect a strict accompt thereof both from you and every of them And these our Letters shall be your sufficient Warrant and Discharge in that behalf Given under our Signet at our Castle of Windsor c. Directions concerning Preachers sent with the Letter I. THat no Preacher under the Degree and Calling of a Bishop or Dean of a Cathedral or Collegiat Church and they upon the Kings days and set Festivals do take occasion by the expounding of any Text of Scripture whatsoever to fall into any set discourse or common place otherwise then by opening the Coherence and Division of the Text which shall not be comprehended and warranted in Essence Substance Effect or Natural inference within some one of the Articles of Religion set forth One thousand five hundred sixty and two or in some of the Homilies set forth by Authority of the Church of England Not onely for a help for the Non-Preaching but withal for a pattern and boundary as it were for the Preaching Ministers And for their further Instructions for the performance hereof that they forthwith read over and peruse diligently the said Book of Articles and the two Books of Homilies II. That no Person Vicar Curate or Lecturer shall Preach any Sermon or Collation hereafter upon Sundays and Holidays in the afternoon in any Cathedral or Parish Church throughout the Kingdom but upon some part of the Catechism or some Text taken out of the Creed Ten Commandments or the Lords Prayer Funeral Sermons onely excepted And that those Preachers be most encouraged and approved of who spend the Afternoons Exercise in the Examination of Children in their Catechism which is the most antient and laudable custom of Teaching in the Church of England III. That no Preacher of what Title soever under the degree of a Bishop or Dean at the least do from henceforth presume to Preach in any Popular Auditory the deep points of Predestination Election Reprobation or of the Universality Efficacy Resistibility or Irresistibility of Gods Grace but leave those Themes rather to be handled by the Learned Men and that Moderately and Modestly by way of Use and Application rather then by way of Positive Doctrines being fitter for the Schools then for simple Auditories IV. That no Preacher of what Title or Denomination soever from henceforth shall presume in any Auditory within this Kingdom to declare limit or bound out by way of Positive Doctrine in any Lecture or Sermon the Power Prerogative and Jurisdiction Authority or Duty of Sovereign Princes or otherwise meddle with matters of State and the differences between Princes and the people then as they are instructed and presidented in the Homilies of Obedience and the rest of the Homilies and Articles of Religion set forth as before is mentioned by Publick Authority but rather confine themselves wholly to those two heads of Faith and good Life which are all the Subject of the Antient Sermons and Homilies V. That no Preacher of what Title or Denomination soever shall presume causelesly or without invitation from the Text to fall into bitter Invectives and undecent railing Speeches against the persons of either Papists or Puritans but modestly and gravely when they are occasioned thereunto by the Text of Scripture free both the Doctrine and the Discipline of the Church of England from the aspersions of either Adversary especially where the Auditory is suspected to be tainted with the one or the other infection VI. Lastly That the Archbishops and Bishops of the Kingdom whom his Majesty hath good cause to blame for their former remissness be more wary and choice in their Licencing of Preachers and revoke all Grants made to any Chancellor Official or Commissary to pass Licences in this kinde And that all the Lecturers throughout the Kingdom of England a new body severed from the Antient Clergy as being neither Parsons Vicars nor Curates be Licenced hence-forward in the Court of Faculties by Recommendation of the party from the Bishop of the Diocess under his Hand and Seal with a Fiat from the Lord Archbishop of Canterbury a Confirmation under the Great Seal of England And that such as do transgress any one of these Directions be suspended by the Bishop of the Diocess or in his Default by the Archbishop of the Province Ab officio beneficio for a year and a day until his Majesty by the Advice of the next Convocation shall prescribe some further punishment These Directions were warily communicated by the Archbishop of Canterbury to the Bishops within his Province The King lost no time in pursuing the Match with Spain but the Dispensation from Rome which was the Key of the business had long lain in a kinde of Dead-Palsie till the new King of Spain had by a
Letter quickned the Pope whereupon there ensued a Congregation of Cardinals to determine the matter and afterwards the Popes assent And then the Court of Spain declared such an intire Agreement for the Alliance with England that King Iames was satisfied and could expect no further difficulty But his intelligence from Bruxels and all other parts of the World did quickly cool and almost quench his hopes Sir Richard Weston was a man approved by Gondomar who commended the Kings wisdom in the Election of so fit a Minister for the Treaty at Bruxels yet the man so well disposed and suited to the Kings designs wrote desperate Letters of the Infanta's cold and unworthy manner of Treating in that important business of restoring the Palsgrave Whilest the King of Englands proceedings were so just and clear the Count Palatine was retired to Sedan and there sojourned with his Uncle the Duke of Bouillon and his Partizans Duke Christian of Brunswick and Count Mansfield the pretended obstacles of the Treaty were removed and had taken another course Mansfield went for Holland where the States intended to use him for the raising of the siege of Bergen by cutting off the Convoys between Antwerp and the Spanish Leagure And King Iames had lately offered That in case the forces of Mansfield and Brunswick would not rest but still perturb the Treaty he would joyn with the Emperor and the Arch-Dutchess to quiet them And the English Companies in the Palatinate being penned up in Garrisons could not cause disturbance In the mean while that miserable Countrey was burnt and sacked in the sight of the English Ambassador And now the Imperial and Bavarian forces fall to the besieging of Heidelburgh When the Ambassador at Bruxels complained of these proceedings he received frivolous Answers mixed with Recriminations All that Weston obtained was onely Letters of intreaty from the Infanta to the Emperors Generals to proceed no further though she had before acknowledged a full power from the Emperor to conclude the desired Cessation But they pretended that they would restore all when all was taken For this cause Sir Richard Weston acquainted the Marquess of Buckingham that he could not discern how the weak Hopes given him at Bruxels could agree with those strong Assurances given by the Lord Digby from the Court of Spain Moreover to protract the Palsgraves business the Emperor takes occasion to appoint a Dyet at Ratisbone contrary to his own promise as himself acknowledged Mr. Gage returned from Rome with no better fruit of his Agency for the Dispensation cannot pass till the King give satisfaction to a number of new Conditions which before were never dreamed of and had this mischief in them to bring the King in jealousie with the greatest part of his Subjects A peece of Juggling was observed in this Negotiation For some points of larger Indulgence whereunto King Iames had yielded were concealed from the Pope by the Ministers of the King of Spain The Court then devised to put a good face upon an ill Game and good Sawce to an unsavory Dish For all the World expecting that Gage should bring the Dispensation at his first arival they made him give out That it was passed in Rome and sent from thence to Spain But the King made a close pursuit and resolved they should not escape him The Popes Demands superadded to the Articles of Marriage were taken in hand and Resolutions were given upon them in manner following To the Demand of a Publick Church in London besides a Domestick Chappel assigned to the Infanta and her Family the King made Reply That it was more then was assumed by himself or his Son the Prince That the Chappel allowed was not a private Oratory but in effect a Church where the World might take notice of the Religion which the Infanta professed in publick manner To another Demand That the Superior Minister having Ecclesiastical Authority be in Ordine Episcopali he answered That he would leave it to the King of Spain to appoint as he shall judge expedient But whereas the Pope required That the Ecclesiasticks be subject to no Laws but of their own Ecclesiastical Superiors his answer was That exemption seemed strange as not allowed in all States and Countreys that were of the Roman Religion As for the Education of the Children under the Mothers government Let the King of Spain judge indifferently said the King how unfit it were for us to declare to the World That we engaged our self to permit our Grand-children to be brought up unto years of Marriage in a Religion which we profess not and which is not publickly professed in our Kingdom And further then we have already assented in general to leave the Children under the Mothers tuition for a longer or shorter time according to their constitution and health which may possibly reach unto the time required by the Pope We can by no means condiscend unless the King of Spain think it fit to limit the time to a certainty And whereas the Pope expected some larger offers for the general good of the Roman Church the King shewed That the Articles of Religion agreed upon between himself and the late King of Spain were accounted so satisfactory in the judgment of the Learnedst and greatest Clergy of Spain That they declared their opinion that upon the offer of such Conditions the Pope ought not to withhold the Dispensation And he said further That the Pope was satisfied that he of his own Authority could not grant a general Liberty of exercising the Roman Religion And what is it that they would have For setting that aside he had in a manner done already all that was desired as all the Roman Catholicks have found out of his gratious Clemency towards them and will no doubt acknowledge This Resolution the King sent into Spain for he would not seem to Treat with Rome and therewith this Letter to the Lord Digby now made Earl of Bristol Right Trusty and Welbeloved OUr pleasure is that immediately you crave Audience of that King and represent unto him the merit that we may justly chalenge to our self for our sincere proceedings with the Emperor and him Notwithstanding the many Invitations and Temptations we have had to engage our self on our Son in Laws part That we have both from the Emperor and from him hopes given us from time to time of extraordinary respect howsoever our Son in Law had deserved which we have attended and expected even to the last with much patience and in despight as it were of all opposition which might shake our Resolution in that behalf If now when all impediments are removed and the way is so prepared as that the Emperor may give an end unto the War and make some present Demonstration of his respect towards us in leaving us the honor of holding those poor places which yet remain quietly and peaceably until the general Accommodation the same shall nevertheless be violently taken
Provinces because among other quarrels they gave refuge to the expulsed Palatine Nevertheless King Iames resolved to wait upon the Match with Spain as the onely means to consolidate these publique fractures in Christendom And now behold a strange Adventure and Enterprise The Prince and the Marquis of Buckingham accompanied with Cottington and Endimion Porter Post in Disguise to Spain to accelerate the Marriage The 17. of February they went privately from Court and the next day came to Dover where they imbarqued for Boloign and from thence rode Post to Paris where they made some stop The Prince shadowed under a bushy Peruque beheld the splendor of that Court and had a full view of the Princess Henrietta Maria who was afterwards his Royal Consort For besides the great privacie of the Journey they had so laid the English Ports that none should follow or give the least advertisement until they had gotten the start of Intelligencers and passed the bounds of France Howbeit they escaped narrowly and a swift Intelligence sent to the King of Spain from Don Carlos Coloma was even at their heels before they arrived at Madrid The Prince and Buckingham being in the Territories of Spain to make but little noise rode Post before their Company The 7. of March they arrived at Madrid the Royal residence and were conveyed with much secrecie into the Earl of Bristols house The next morning the Earl acquainted Gondomar with the arrival of the Marquis of Buckingham Olivares sends immediately to desire leave to visit the Marquis which was by no means permitted but in the evening the Marquis went privately accompanied with the Earl of Bristol Sir Walter Aston and Conde Gondomar and met this great Conde in a place near the Palace and after some Converse was led by a back-way into the Kings quarter and had private Audience of the King who received him with extraordinary courtesies and expressions of so great joy that might signifie he was not ignorant of the Princes arrival also Insomuch that the Conde Olivares having procured the Kings leave went back with the Marquis of Buckingham and kissed the Princes hands After this the King and State devise how to give his Highness the most honorable reception Instantly they decree That upon all occasions of meeting he shall have the precedencie of the King That he shall make his entrance into the Royal Palace in that form of State which is used by the Kings of Spain on the day of their Coronation and that one of the chief quarters in the Kings house shall be prepared for his Lodgings That an Hundred of the Guard attend him and all the Council obey him as the Kings own person The Common sort did magnifie this brave Adventure and express his Welcom by shouts and acclamations of joy and presently they marry him to the Infanta as it were by publique voice And the King to please him with a sight of his Mistress went abroad to visit a Monastery with the Queen the Infanta and his Brothers Don Carlos and the Infant-Cardinal So that his Highness had the happiness of a full View in several places The King in person gave him several Visits and forced him to take the hand and place of him Divers Grandees and prime Officers of State came to present their service and as yet none did visit him but by the Kings special order A General Pardon was published the Prisons were opened and hundreds of Offenders were set at liberty And a late Proclamation against Excess in Apparel was revoked Neither may we forget the Kings strain of Complement in the Advancement of Gondomar to whom he ascribed his great contentment and honor received by his Highness's presence That he had made the Conde whom he was pleased to term an English-man one of his Council of State to the end that his Highness might be confident of their Proceedings and privy to all their Passages The Prince on the day of Publique Entrance was attended in the morning by the Conde Gondomar and divers Councellors of State to S. Ierom's Monastery the place whence the Kings of Spain are wont to make their solemn entrance into Madrid on the day of their Coronation There the Prince was feasted and served by divers great Officers of State waiting bare-headed After dinner the King came to conduct his Highness through the Town to the Royal Palace having prepared all things for the Solemnity in the greatest magnificence and splendor The King setting the Prince on his right hand they rode in great glory under a Canopy of State supported by the Regidors of the Town who were arrayed in Cloth of Tissue The Nobility and Grandees of Spain attended by their several Liveries all very rich and costly went before And after came the Marquis of Buckingham and the Conde Olivares executing their places of Masters of the Horse After them followed the Earl of Bristol and Sir Walter Aston accompanied with divers Councellors of State and Gentlemen of the Kings Chamber And being alighted at the Palace-gate the King led the Prince to the Queens quarters where having entred her chamber he was met and received by her with great respect in manner becoming the state of great Princes three Royal seats were placed the Queen sate in the middle the Prince on her right hand and the King on the left His Highness was thence conducted by the King to the Lodgings prepared for him where after they had conversed a while the King left him After a little pause the Queen by her Major-domo gave him a further and very noble Welcom with sundry rich Presents as Perfumes and costly Wearing-Linen The King sent him two Golden Keys which would open all his Privy-lodgings and his Bed-chamber giving him to understand that he had free access unto him at all hours The Councellors of State presented themselves to let him know That by the Kings express command they were to obey his Highness as exactly as the King himself He was constantly attended and served with Grandees and Tituladoes and was entertained with many Shews and Triumphs and several daily Pastimes And one day running at the Ring in company of divers of the Nobility his Higness was the onely Person that bore the Ring away and that in presence of the Infanta his Mistress which was interpreted a good Omen at the beginning of his Atchievement In fine there wanted nothing which the wit of man could devise for the height of outward glory The Governors of the Town presented the Marquis of Buckingham with the rich Cloth of State which was borne over the King and Prince in the great Solemnity as a Fee belonging to the Place which he then executed From the Court of England many Lords and Gentlemen went after the Prince that by a splendid Train and Retinue of his own People he might appear as the Prince of England And the Marquis of Buckingham was then made a Duke by a Patent
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
friendship to him The Conde replied short That he accepted of what he had spoken The Duke departing with so little satisfaction the Spaniards concluded that he would endeavor by all means possible to hinder the Marriage But the Prince for his part had gained an universal love and was reported by all to be a truly Noble discreet and well-deserving Prince his grave comportment suited with the very genius of that Nation and he carried it from the first to the last with the greatest affability gravity and constancy and at his farewel with unparallel'd bounty and he left behinde him Gems of inestimable value for the Infanta and several Grandees His departure from Madrid being the Twelfth of September was very solemn the Queen and the Infanta were prepared in great magnificence with a Train of Grandees and Ladies to receive his farewel And among other passages this one was taken to be an Argument of the Infanta's real love to the Prince That she caused many divine duties to be performed for the safety of his return into England The King brought him on his way to the Escurial and there feasted him and at the Minute of parting declared the Obligation which the Prince had put upon him by putting himself into his hands a thing not usual with Princes and he protested That he earnestly desired a nearer Conjunction of Brotherly affection for the more intire unity betwixt them The Prince replying to him magnified the high favors which he found during his abode in his Court and presence which had begotten such an estimation of his worth that he knew not how to value it but he would leave a Mediatrix to supply his own defects if he would make him so happy as to continue him in the good opinion of her his most fair and most dear Mistress From thence he was attended with a Train of Spanish Courtiers to the English Navy where he feasted the Dons aboard his own Ship and when he was bringing them back to shore there arose a furious storm wherewith the Barge was so driven that it could neither fetch the Land nor make to the Ships again The night came on and the tempest and darkness meeting made their condition desperate till at length espying a light from a Ship near which the winds had driven them they made towards it and then with extream hazard were reimbarqued It was observed That the first words his Highness spake after he was embarqued were That it was a great weakness and folly in the Spaniard after they had used him so ill to grant him a free departure The Prince arived at Portsmouth October the Fifth and no sooner was he landed but it appeared that he was the Kingdoms darling the peoples hearts did burn to see him and unanimously praised God without any Publick Edict of Thanksgiving Publick Societies and private Families every where abounded in all expressions both of Religious and Civil rejoycing When he entred London the Bonfires which the peoples universal joy had kindled seemed to turn the City into one flame Immediately after the Princes departure from the Court of Spain a rumor was spread that the Ratification was come from Rome and that it came plenary and absolute By which means the Princes private Instructions were anticipated by the Earl of Bristol for the Iuncto pretended full Warrant to proceed and summoned the Earl of Bristol to attend them and earnestly pressed him That the Articles might speedily be ingrossed and signed Hereupon the party in whose hands the Prohibition left by the Prince lay dormant either conceiving the Ratification to be come indeed or apprehending that it was the Princes meaning to prevent the sudden concluding of matters delivered to Bristol that Letter of private Instructions the very day that the Prince arived at St. Andero In reading it the Earl was troubled exceedingly and said to the other That it must for a time be concealed lest the Spaniards coming to the knowledge of it should give order to stay the Prince It vexed Bristol that his building of so many years should at once be pulled in sunder He resolves to wave this private Order and if the Ratification came to deliver the Proxies and to support himself by his Publick Warrant under the Great Seal of England Now the Prince and Duke being jealous that Bristol would counter-work them left Sir Walter Aston joyned in Commission with him and acquainted Aston that the Princes meaning was never to Match there without the restitution of the Palatinate and the conservation of his Honor in all respects intire Immediately the Earl of Bristol sent dispatches into England laboring to satisfie the King and Prince in all things touching the Marriage And shewing that he had exactly set down the Case how a Woman betrothed may before the consummation of Marriage betake her self to a Religious life and all the sorts of Security for the preventing of such a course and that the King of Spain his Sister and all his Ministers do offer all security that may stand with decency and honor for the performance of the whole agreement And though the point of portion were a tough and knotty peece yet when by the original Papers and Consulto's of the last King the Iuncto found it to be no less then Two Millions they resolved to make it good notwithstanding they alleadged that this sum was four times as much as ever was given in Money with any Daughter of Spain Moreover he did woo the Prince by argument That as the King his Father so himself had thought this to be the fittest Match in all the World And though the Spaniards had committed many Errors yet he had already passed them by and overcome the main difficulties That by his Journey he had satisfied himself of the Infanta's person who for her birth and portion was no where to be matched and for her vertue and setled affection to his Highnesses person deserved him better then any Woman in the World That the Match was sure the Portion and Temporal Articles now setled but the delay of the Desponsorios will grieve the Princess and bring a cloud of distrust and jealousie upon the whole business The personal distastes of Ministers indiscreet and passionate carriages should not hazard that which hath been brought to the present State with so much cost and pains and patience and which being well accomplished will procure so much good to the Christian World and contrariwise so much trouble and mischeif if it should miscarry and break to peeces Now upon these Grounds and Motives he made intreaty That with all speed a Post might be sent unto him bringing Authority to deliver the Powers upon the arival of the Dispensation But the Prince and Buckingham made haste to engage the King and making a plausible Narration of their own proceedings the Spaniards delays and Bristols miscarriages drew him to alter the whole state of the Treaty Hereupon the King sends an
express command to Bristol to deliver his thanks to the King of Spain for the high entertainment personal kindness respect and favor received by his Son the Prince who was returned so well satisfied as that he was not able to magnifie it sufficiently And further to let him know That to make a firm and indissoluble union between their Families Nations and Crowns and withal not to abandon his own Honor nor at the same time to give joy to his only Son and to give his onely Daughter her Portion in Tears he had by the advice of that Kings Ambassadors entred into a Treaty for the Restitution of the Palatinate that he always understood and expected that upon the effecting of this Marriage he should obtain the restoring of his Son-in-law both to his Countrey and Dignity and that the Emperor either by sinding out some great Title or by increasing the number of the Electoral Stiles might satisfie the Duke of Bavaria And for these Reasons the King commanded Bristol instantly to procure from that King a punctual Answer touching the course he resolves to take for the restitution of the Palatinate and Electorate and what assurance shall be given for his contentment if the Emperor or Duke of Bavaria should oppose any part of the expected restitution Moreover he gave direction and signified his special desire that the Espousals should be made in one of the Christmas Holidays because that holy and joyful time would best become an action so notable and blessed The Earl of Bristol with the Concurrence of Sir Walter Aston took boldness to demur upon these new Instructions and yet again to represent to his Majesty the state of these affairs they inform him that by deferring the Epousals till Christmas the powers were made altogether useless and invalid there being a Clause in the body of them That they shall remain in force till Christmas and no longer And the suspending of the execution of the powers till the validity of them be expired is an effectual revoking of them Besides the pretexts of this delay are no new but old matters which were often under debate but never insisted on to retard the main business And it will be thought that they should rather have hindered the Grant of these powers then the execution of them being granted Surely a staggering in the former resolutions will be suspected and the clearing thereof between Spain and England will cost much time As concerning the Prince Palatine it was the care of the Spanish Ministers that that business might be well compounded before the Infanta's coming into England For they say that otherwise they might give a Daughter and a War presently follow Besides the Instructions given under his Majesties hand were indeed to insist upon the restoring of the Prince Palatine yet not so to annex it to the Treaty as thereby to hazard the Match For he seemed to be confident that the one would never grow to a conclusion without a setled resolution to effect the other And the Prince and Duke during their being in Spain observed the same course Moreover the Palatinate affairs have relation to many great Princes interessed therein and cannot be ended but by a formal Treaty which will require a great length of time and if the conclusion of the Match should depend thereon the Prince may be long enough unmarried for the advancement of their interest who desire he should so continue or not match with Spain The preparations for the Marriage go on chearfully the Popes Dispensation is hourly expected with an intention to demand the powers immediately and upon what pretext shall they be detained Shall we alledge his Majesties pleasure that the solemnity be performed in the Christmas Holidays But that is impossible for the powers are then expired Shall we urge the restoring of the Palatine This was not made a condition but was treated as a business a part The delay of the Desponsario's will put a scorn upon the Infanta and upon the King of Spain who hath called himself the Infanta's Desponsado And this cannot stand with that exact and honorable dealing which his Majesty hath hitherto used Now upon these Inducements in the result and close of all the Ambassador humbly advised the King to return to the former state of the Treaty and to nominate a day for the delivery of the Proxies and resolved somewhat to protract the time for the receiving of his Majesties further direction Thus did the Earl of Bristol endeavor to restore the business and the better to bring it on Sir Walter Aston labored to reconcile the Duke to Spain by this manner of Insinuation He believed that his Grace was infinitely provoked to be an enemy to this Match and might have many Reasons suggested how much it concerned him to break it with all the force he hath yet he could not believe that the Error of one Man can make him an enemy to that which carries in it so much content to the King and Prince nor that his judgment can be led by these Arguments which under colour of safety would bring him into a dangerous labyrinth For the most prosperous War hath misfortune enough to make the Author of it unhappy and how innocent soever his Grace might be yet the occasions which have been given him will make him liable to such an aspersion But if the Match proceed and take effect he will have the honor thereof and the Infanta being duly informed must needs acknowledge him to be the person unto whom in that behalf she is most obliged But these Motions incensed Buckingham And now having the Prince linked to him he could over-rule the King and bear down all his Adversaries The Prince and the Duke began to take a popular way and to close with those of the Privy Council and the Nobility that were opposite to Spain and best liked of by the Puritan party They projected also the calling of a Parliament to consult the Nation and to clear the Kings integrity and to gain to themselves a great esteem in the hearts of the people And some there were that suggested to the King that the Dukes design was to prevent the Princes Marriage not onely with Spain but any where else that his own greatness might still be absolute For say they were it love to his Countrey that led him to a breach and War with Spain there was as much reason for a breach of the Match and Peace when the Parliament urged it as now there is And they said That the approaching Parliament was to marry the Duke to the Commonwealth that he might stand not onely by the King but by the people and popular humor which of late he hath courted earnestly and so they warned the King to have more special care of his own preservation But the Earl of Bristol was straightly commanded to follow the new Instructions namely before he deliver the Powers or move to the Contract to procure from
better dealing then was used to the deposed House of Saxony by Charls the Fifth an Emperor not worse then this the heir of which House being one of the worthiest Princes in Germany is now in hard conditions before the eyes of the exiled Palatine Unto the second point the exclusion of the Palsgraves person and the setling upon his Son it was thus replied That Spain had always given hope and the Earl of Bristol great assurance even when the Marriage was not so far advanced as now it is That in case of the Emperors refusal they would assist his Majesty and compel the Emperor to an intire Restitution Besides there is little ground of hope from these Treaties as they are managed and wire-drawn by the House of Austria from whom we have ever new Overtures in Winter and new Ruptures in Summer For the Emperor wanteth but two or three years leisure which he will easily gain by a Treaty of Marriage to establish in Germany the Translation of the Electorate and Palatinate without any hope of Recovery Therefore sufficient Assurances should ever precede the Treaties For the present Season did offer a very fair opportunity of recovering the Estate and Dignity The Palatines pretentions were not prejudiced by a long interposition of time the memory of the undue proceedings in the Ban and the Translation and the seisure of his Inheritance are fresh in the mindes of the Princes who by their own Interests are moved to a greater compassion As for the hope of Restitution from the Match with Spain there is little reason to put a difference between the Spaniards and the Imperialists who have with joynt consent conspired the ruine of the Palatinate with the same Forces Counsels and Designs And whilest things have been some times upon terms and always in talk of an Accommodation the Electorate is given to the Duke of Bavaria and avowed by a Congratulatory Message from the Arch-Dutchess the Upper Palatinate is setled in the Bavarians possession and a Portion allowed the Duke of Newburgh for his contentment A principal part of the Lower Palatinate is given to the Elector of Mentz by the consent of those at Bruxels and the rest is promised to be parcelled among other Princes Now for the hopes of a surer way to regain an happy settlement by the Concurrence of the King his Allies and Confederates and the whole Protestant party in Europe let these Matters be weighed in the Ballance of Common Judgment The Electors of Saxony and Brandenburgh and all the Princes save those of the Catholick League have declared That the Peace of Germany depends upon the restoring of the Palatine Besides the Levies which they made in the beginning of the last Summer though by the unfortunate accident of Duke Christian of Brunswick they were soon dismissed do testifie the same affections still remaining in them and the same Resolutions to embrace any good occasion for recovering the liberty of Germany The number of those that have this conjoyned Interest is great and mighty yea the greater part of the people both Horse and Foot which marched under the Catholick Banner were of a contrary Religion and Affection and more inclined to the ruine then preservation of the Catholick League All that is wanting is the concurrence and conduct of some great Prince that may support them against the House of Austria The King of Denmark being a Prince full of circumspection and being unwilling to enter into play alone made answer to all instances That as other Princes have their eyes on him so he hath his eyes on the King of Great Britain Wherefore although for these two or three years past Affairs on this side have gone in a continual decadence and a final ruine be now threatned unless it be withstood by some Princely resolution not of petty but of great Princes yet there is no such despondency in the good party but sufficient vigor yet remaining not onely to subsist but to rise and flourish again And one of those Kingdoms which are in his Majesties possession having wrought great effects in the affairs of Europe even when counter-ballanced by the other two doth demonstrate what may be done by the joynt forces of all three together especially when the peoples affections are raised to the enterprise Thus did the Palsgraves Counsels dissent from our Kings Proposals And there were not wanting both of the Kings Counsel at home and of his Agents in Foreign parts such as frequently warned him of the disappointment and dishonor that would follow those ways of Treating with implacable though flattering Enemies and shewed him the sure and honorable way of reestablishing his Children in their Patrimony not by their Enemies curtesie but by the united strength of the Protestant Arms in all parts of Christendom of which party the King might have made himself the Head and great Commander In the languishing and almost expiring Condition of the Spanish Treaty the United Provinces in the Netherlands appeared ready to embrace the opportunity of renewing the antient Union with England in all mutual confidence and strong assurance And the King was moved to return to those old Confederates the surest supports of his Crowns and Family For it hapned that in latter times a distrust and strangeness had grown betwixt them Bernevelt and the Arminian Faction had drawn the States to new Alliances and commonly procured Answers to be given to King Iames and his Ministers in a harsh and peremptory stile In like manner the King did not care to own them fully esteeming them an evil example for a Monarch to cherish Nevertheless he did them many good turns worthy of acknowledgment and particularly in opposing the Faction of Arminius and Vorstius and the rest of that sort who caused great distractions in the Belgick Church and State Nay he was thought to have done more then requisite in rendring the Cautionary Towns and in conniving with too much patience at the insolencies and misdemeanors of their Mariners But the Prince of Orange expressed good will to an intire friendship with England and assured the English Resident at the Hague That whensoever the King would be to those Provinces as Queen Elizabeth was in her time they would be the same to him as they had been to Queen Elizabeth But as yet they keep themselves reserved because they suspect that the Introductions and Tentatives to a Union with them have been to no other end but to indear the English Merchandize and to inhaunce its price to the King of Spain For they conclude that Spain will never Match with England but for hope or fear hope of reducing those Provinces by the Match or fear if the Match proceed not that the King will joyn with the Provinces in opposition to Spain and in either of these cases they hold the Match as made As for themselves they represent this assurance of a firm Conjunction for that instead of giving an ear to Overtures and Concessions which from day
to day were presented to them they have put themselves to the Offensive by preparing a strong Fleet which is ready to set sail to the West-Indies to the end they may at least interrupt the peaceable Annual return of the Gold and Silver of those parts by which the House of Austria do continually advance their greatness And this preparation together with their Voyages into the East-Indies will make them irreconcileable to Spain These enterprises were commended to the King as approved by all good men to be a principal means to cast down the fearful power of Spain Onely it was too vaste a design for that little Countrey but if the King were pleased thoroughly to close with them their Affections and constant interest would so binde them to him that he might absolutely dispose of them and by their forces by Sea and Land conjoyned with his own be able to give the Law to Europe And the present state of the Provinces might incite the King to this Conjunction For the last Summer if the Imperialists had joyned with the Spaniards they had undoubtedly made an irruption into the borders of that State and they are like to break in this next year except some notable Turn shall intervene and then our best Link for a Bond of Friendship is broken and those Provinces of a strong Staff will become a broken Reed Such Râ—presentations were made to the Court of England but the Counsels then prevailing were not propense to this Conjunction and Interest although we were then breaking with Spain and the House of Austria About the beginning of December when the Ratification came from the new Pope Bonfires were made throughout all Spain and the great Ordnance thundred out reports of joy And that King to satisfie his Oath made to the Prince of Wales prepared for the Espousals and a day was prefixed and all things appointed for the Solemnity according to the Magnificence of that Court The Infanta's Family was setled her Officers distinguished and the beginning of March was the time for her journey into England From the Princes departure she had applied herself to the learning of the English Tongue The English Ambassadors carried themselves like Subjects towards her as being their Masters Wife or Spouse Many rich presents had she prepared for her future Lord and Husband And the Earl of Bristol had provided many costly Liveries for his Attendants in the Solemnity of the Espousals But all things were instantly discomposed by the opening of the new commands from England to the Earl which were to procure an intire surrender of the Palatinate and Electorate before he move one step further towards the Contract In the Court of Spain there was great resentment of these new delays and they discerned a breach towards The Infanta gave over the study of English and was no more stiled the Princess of England but to the Demands from England the King of Spain replied That if a Treaty be set on foot and the Emperor and Duke of Bavaria will not come to Terms of Conformity he will joyn Arms with England to recover the Palatinate The Spaniards confessing the Demand just but unseasonable professed the Desponsorio's past the Infanta on her knees should have been a Suiter to the King to restore the Palatinate making it thereby her act and drawing the Obligation wholly to her These offers did not satisfie Bristol was called home and all was dashed to peeces It was an amazement to the Christian World that when the Match was brought to such perfection the motion should be rejected by that side which pursued it with so much eagerness and patience as being the master-peece of all their designs In the latter part of this long tedious act the Spaniard appeared real but in the former part their reality was questionable For our parts the business shall remain as we finde it a dark Riddle and Mystery The Earl of Bristol having demurred upon the new Instructions to prevent as he desired the embroiling of the whole Treaty was to make his Apology to the King his Master and for himself he thus pleaded That he understood the Infanta was his yong Masters wife or Spouse at least and that both the King and Prince infinitely desired the Match The powers were drawn by the intervention of both parties the King of Spain accepting them and the Prince legally delivering them and they were deposited with him in trust as the Ambassador of the King of Great Britain with a Publick Declaration how and when he was to deliver them and this was drawn into an Instrument by the Secretary of State According to this state of things he appeals to any Censure which were the more prudent honest and dutiful way whether to put a disgrace upon so great and worthy a Princess who was to be his Masters Wife and a scorn upon the King of Spain by nominating a day for the Marriage when the powers would be expired and not at all to insist upon making good the Publick Trust reposed in him by two so great Monarchs to the hazard and overthrow of so great and important a business or contrariwise to represent to his Majesty the state of things in Truth and Sincerity with his humble opinion of the wrong and disgrace to the Infanta by deferring the Marriage and of the indignity offered to the King of Spain and the danger of the whole Treaty by the detention of the Powers without the pretence of some emergent cause And after all this when his Majesty had declared his pleasure there was ready an exact obedience Wherefore in the confidence of his own innocencie he professeth as great a confidence of his Majesties accustomed grace and favor Bristol being called home acquainted the Conde Olivares with the Letters of Revocation and desired withall to have a day assigned him to take his leave of the King Olivares answered That he had much to say to him by his Majesties order and spake to this effect in the presence of Sir Walter Aston and the Conde Gondomar That the King had received large advertisements with what malice and rancor his Enemies did prosecute him and how powerful they are in England And in regard that the Envy which was drawn upon him proceeded from his earnest endeavors to accomplish the Match and that the particular fault laid to his charge was in point of delivering the Proxies deposited in his hands that his Majesty takes it to heart and judgeth himself touched in his honor if for this cause his Enemies shall prevail so far as to work his ruine or disgrace And therefore he will write to the King of Great Britain and send a particular Ambassador if it be needful to mediate for him for that he had served his Master with that exactness and fidelity which deserved not only to be assisted by all good offices but to be rewarded and published And his Majesty for the example of his own Subjects and for the encouragement
and since the malice of deceitful men hath crost those fair ways abusing his Majesties trust goodness he must cast about and sail by another point of the Compass whereby he might securely and easily attain to his noble and pious ends The means whereunto were these First that his Enemies know the Lyon hath teeth claws Next that he imbrace and invite a strict association and friendship with those whom neighborhood alliance and common Interest of State and Religion had joined to him Feb. 19. the Parliament began at Westminster The King being set in the Throne spake thus I Have assembled you at this time to impart to you a secret and matter of great importance as can bâ— to my State and the State of my Children wherein I crave your best and safest advice and counsel according as the Writ whereby you were assembled imports That the King would advise with you in matters concerning his Estate and Dignity And as I have ever endeavored by this the like ways to procure and cherish the love of my people towards me so do I hope and my hope is exceeded by faith for I fully now believe that never any King was more beloved of his people whom as you my Lords and Gentlemen do here represent so would I have you truly â—o represent their loves all to me that in you as in a true Mirror or glass I may perfectly behold it and not as in a False glass that represents it not at all or otherwise then it is indeed Give me your free and faithful counsels in the matter I propose of which you have often heard the Match of my Son wherein as you may know I have spent much time with great cost in long Treaties desiring always therein and not without reason hoping to have effected my desires the advancement of my State and Children and the general Peace of Christendom wherein I have always constantly labored depending upon fair hopes and promises At the earnest instance of my Son I was contented although it was of an extraordinary nature to send him to prosecute his desires in Spain and for his more safety sent Buckingham in whom I ever reposed most trust of my person with him with this command continually to be present with him and never to leave him till he returned again fafely unto me Which he perform'd though not with that effect in the busines that I expected yet not altogether without profit For it taught me this point of wisdom Qui versatur in generalibus is easily deceived and that Generality brings nothing to good issue but that before any matter can be fully finished it must be brought to particulars For when as I thought the affair had been before their going produced to a narrow point relying upon their general propositions I found when they came there the matter proved to be so raw as if it had never been treated of the generals giving them easie way to evade and affording them means to avoid the effecting of any thing The particulars that passed in the Treaty I mean not now to discover to you the time being too short I refer you to Charls Buckingham and the Secretaries Reports who shall relate unto you all the particulars And after that super totam materiam I desire your best assistance to advise me what is best and fittest for me to do for the good of the Commonwealth and the advancement of Religion and the good of my Son and my Grandchildren of the Palatine And of our estate I know you cannot but be sensible considering that your welfare consists in ours and you shall be sure to have your share in what misery shall befall us And therefore I need to urge no other Argument to you in this behalf in offering me your wisest and surest Counsel and Furtherance And I assure you in the faith of a Christian King that it is res integra presented unto you and that I stand not bound nor either way engaged but remain free to follow what shall be best advised To plant is not sufficient unless like good Gardiners you pluck up the weeds that will choak your labors And the greatest weeds among you are Jealousies root them out For my Actions I dare avow them before God but Jealousies are of a strange depth I am the Husband and you the Wife and it is subject to the Wife to be jealous of her Husband Let this be far from you I can truly say and will avouch it before the seat of God and Angels that never King governed with a purer sincerer and more uncorruâ—â— heart then I have done far from all will and meaning of the least error or imperfection in my Reign It hath been talked of my remisness in maintenance of Religion and suspition of a Toleration But as God shall judge me I never thought nor meant nor ever in word expressed any thing that savored of it It is true that at times for reasons best known to my self I did not so fully put those Laws in execution but did wink and connive at some things which might have hindred more weighty affairs But I never in all my Treaties ever agreed to any thing to the overthrow and disagreeing of those Laws but had in all a chief preservation of that Truth which I have ever professed And as in that respect I have a charitable conceit of you I would have you have the like of me also In which I did not transgress For it is a good Horse-mans part not always to use his spurs and keep strait the rein but sometimes to use the spurs and suffer the reins more remiss so it is the part of a wise King and my age and experience in Government hath informed me sometimes to quicken the Laws with strait executions and at other times upon just occasion to be more remiss And I would also remove from your thoughts all jealousies that I might or ever did question or infringe any of your lawful Liberties or Priviledges but I protest before God I ever intended you should enjoy the fulness of all those that former Times give good warrant and testimony of which if need be I will enlarge and amplifie Therefore I would have you as I have in this place heretofore told you as S. Paul did Timothy avoid Genealogies and curious Questions and nice Querks and Jerks of Law and idle Innovations And if you minister me no just occasion I never yet was nor never shall be curious or captious to quarrel with you But I desire you to avoid all doubts and hinderances and to compose your selves speedily and quietly to this weighty affair I have proposed for that I have found already delayes have proved dangerous and have bred distraction of this business and I would not have you by other occasions to neglect or protract it God is my Judge I speak it as a Christian King Never any waifaring man that was in the Desarts of Arabia and in
could not be done This the Prince affirmed to be acted in his presence But the Earl of Bristol made a more benign construction thereof the Duke a right-down conclusion That this people never intended either Match or Restitution and so wished his Highness fairly at home again However the Messenger was dispatched to Rome Four or five days after his Highness was placed to see his Mistress in her passage through the streets as she made her visits from Church to Church But pressing for access he was delayed but at last obtained a visit But a very strange one He was not suffered to speak unto her but as they had set it down in words and syllables in writing saying They were no Astrologers and could not foresee the event of this Marriage and therefore they resolved to admit him as a Prince onely and not as a Suitor But the Conde salved this up with a Complement That if the Dispensation were once returned he should lie with her even that very night nay have her he should upon any terms If he could not be qualified to enjoy her as a Wife yet he should have her as a Mistress Soon after riding in a Coach it was urged by the Conde That the Infanta was of a tender Conscience and if she should come into England and finde the Prince an enemy to her Religion it would quite dishearten her His Highness consented to hear her upon this subject because he was as like to convert her as she was to pervert him A Conference with Divines was pressed upon his Highness which he refused and said If after Disputation with them they should not prevail against a yong man they would remain much disgusted and ill-affected to the whole Negotiation This kinde of importunity was still used toward the Prince till the return of the Dispensation Six weeks after the Princes arival came the Dispensation but his Highness understood from Rome by Mr. Gage that the Dispensation was returned much clogged in Matter and Manner especially with the annexed new Condition The King of Spain before the receiving of the Dispensation was to take an Oath to see all the Articles performed whereupon Faculty was issued really performed or else to make War in case of any failer upon the King of England His Highness signified his Resolution unto them that he neither could nor would adde or alter any thing of the first Articles sent to England A Iuncto of Divines are appointed to meet and consider whether the King might safely take the Oath By this time the Prince had gone through all the Articles sitting in person with the Committee onely leaving three undiscussed That of the Church that of the Nurse and that of the Education of the Children which his Highness reserved till he should speak with the King Then said the Conde Now the business is in a better way then ever it was a Match and without more ado she was his Wife But the next day came Gondomar and spake unto the Prince of the same Match as of a new thing and told him plainly That unless his Highness came to all the Conditions of the Dispensation as they were sent from Rome clearly and entirely nothing would be done for they had no power to remove or alter a word of false Latine Whereupon his Highness was justly distasted and offered to break Then they pressed the Prince that he would be pleased to stay twenty days until the King of Spain might receive an Answer from England The Prince resolved to stay upon condition that Sir Francis Cottington might be dispatched away within two days and some Messenger that might overtake him with the Articles that should be sent after as soon as ever they could be made ready But the two days of their hammering spun out to twenty at the end thereof they brought them with new Additions The Articles being at last sent to England the Iuncto of Divines delivered their opinions that the Infanta could not be sent over before the Spring at which his Highness was offended but the Conde prevailed with him to stay until their Ambassadors should certifie out of England that the Articles were assented unto by King Iames and put in execution and then the Lady should go with the Prince The Bishop of Segovia was pleased to say to the Duke That he had heard something of the State of our Kingdom and had received it from good hands That our King could not make a Toleration without a Rebellion and easily believed it because the King of Spain is not able in his Dominions to effect the like enterprise without incurring the like danger therefore he concluded it was unsafe to send the Lady thither at this time because we having granted as much in effect as a Toleration it was very probable she should be welcomed with a rising and rebellion To which the Duke replied That if the favors which the King his Master had exhibited to his Catholicks at the Mediation of that King and the Advice of that very Committee of which that Bishop was one be of so dangerous a consequence it seems their Lordships who gave the Advice for that Article though they pretended Religion intended plain and open Rebellion But you must know quoth the Duke if his Highness had been of my Lord Bishops opinion That these Conferences had amounted to a Toleration he had never accepted of these Articles to have gained any allowance For what was agreed unto was but a Temporary Suspension of Penal Laws but no Toleration for that could not be done but by consent of Parliament Then Gondomar hereupon said That for his part he did not hold it fit to send the Infanta thither before the Articles be perfectly put in execution And Gondomar privately infused to the Prince his Highness being incensed against the Duke That the Duke was in heart as he said all his Kinred were a Roman Catholick and he said to a Jesuite of great account and zeal in those parts That the Duke was a most obstinate perverse and refractory Puritan About this time it was reported that the Prince intended to steal away whereupon they laid in wait to intercept him Hereupon the Duke was sent to tell them That although they had stoln thither out of love they would never steal thence out of fear About this time the Prince sent a Message to his Father That if he should receive any Advertisement that he was detained by that State as a Prisoner he would be pleased for his sake never to think upon him any longer as a Son but reflect upon the good of his Sister and the safety of his own Kingdoms III. The Treaty of the Match and Restitution reciprocally subordinated IT is fit to observe this passage which is the thing whereupon all his Highness subsequent Actions are turned and moved He had never staid a sevennight longer in Spain he had never left any Proxy with Bristol he had never taken any Oath at the Escurial or
ever so much as written a Letter of Complement to the Lady but that he had still before his eyes as his Cynosure the Promise made by the Coâ—de for the Restitution of the Palatinate To hasten the Delivery of the Lady the Duke presented unto the Conde how his Master was now in years the Prince his onely Son and he would suffer in Honor and Reputation to return home without his Wife The Conde consented hereunto and desired the Prince would name a day for his departure This news came to the Infanta who seemed to be Apprehensive of the Princes going away and prevailed with his Highness to return this Complement unto her That rather then he would give her Alteza any disgust he would stay for her seven years By this time Sir Francis Cottington is arived with all things perfected by the King and Letters from the Ambassadors of full satisfaction and a command from the King to his Highness to make his return within one moneth Now began the Conde to enter into the Treaty for the Restitution of the Palatinate saying The Lady should by no means go to England before that business was accommodated And it was projected That there should be a Restitution of the Land to the Prince Palatine upon a Condition of Marriage with the Emperors Daughter and that he should be bred in the Emperors Court The Prince demanding of the Conde whether in case the Emperor proved refractory the King his Master would assist him with Arms to reduce him to reasonable terms The Conde answered Negatively because they had a Maxim of State that the King of Spain must never fight against the Emperor for they would not employ their forces against the House of Austria Hereupon his Highness made his Protestation to the Conde Look to it Sir for if you hold your self to that there is an end of all for without this you may not relie upon either Marriage or Friendship By this time the Prince is grown cheap and vulgar in the Court of Spain so that they will scarce bestow a visit upon him and the Conde came very seldom to him And two Letters came to the Dukes hands which shewed that all that the Conde did was nothing but slashes and lightning notwithstanding he seemed at this time to be in a good humor and told the Duke That now certainly it must be a Match and the Devil could not break it The Duke replied He thought so and the Match had need be very firm and strong it had been seven years in Soadering The Conde denied and said plainly it had not been really intended seven moneths and said I will fetch that out of my Desk that shall assure you thereof and so produced two Letters the first was written with the King of Spains own hand Dated the Fifth of November 1622. And the other from the Conde Olivares of the Eighth of November 1622. Both which Letters are mentioned before IV. The Princes return from Spain ANd now the Prince returning for England being engaged to leave his Proxy did deâ—osite the same in the hands of the Earl of Bristol who was to keep it and use it as his Procurator that is As he should receive his Highness Direction from time to time His words for the present were said the Duke That if the Confirmation came from Rome clear and intire which it did not then within so many days he should deliver it to the King of Spain The second Direction sent to him was by a Letter which his Highness sent him between his departure from the Escurial and coming to the Sea side to this effect That for fear a Monastery should rob him of his Wife he should stay the delivery of the Powers until the doubts were cleared and that his Highness would send him in the Premisses some further Directions Here because my Lord of Bristol in his Letter of the First of November 1623. doth press so vehemently the Prince his Highness concerning this Proxy and the Prince vowed openly before both Houses that he had never by Oath or Honor engaged himself not to revoke the Powers more then by the clause De non revocando Procuratore inserted in the Instrument it self and that he conceived the clause to be matter of Form and although Essentially of no binding power yet usually thrust into every such Instrument and that the Civilians do hold That it is lawful by the Civil and Canon Law for any man to revoke his Proxy of Marriage notwithstanding it hath the clause De non revocando Procuratore inserted in it Therefore as to this point the Duke concluded That the Earl of Bristol in charging this matter so highly on the Prince had much forgot himself V. The Subsequent proceedings of his Majesty in both the Treaties since the return of his Highness THe Prince by the Mercy of God came to Royston and made his Relation to the King of all that had passed His Majesty was glad and told him That he had acted well the part of a Son and now the part of a Father must come upon the Stage which was to provide with all circumspection That his onely Son should not be married with a Portion of Tears to his onely Daughter And therefore his Majesty commanded by an express dispatch the stay of the Proxy in the Earl of Bristols hands until he had some better assurance of the Restitution of the Palatinate Then was read his Majesties Letter to the Earl of Bristol dated the Eighth of October 1623. wherein the Earl of Bristol was positively required by the King That before he deliver the Powers or move to the Contract to procure from the King of Spain a direct Restitution of the Palatinate and the Electoral Dignity or to assist with Arms within a time limited You would perceive that by this Dispatch Bristol would lay hold on all hints and emergent occasions to put off the Desponsorios without this required Assurance by Arms first obtained but the truth is he did not so For first the Confirmation came from Rome clogged and mangled and instead of challenging thereupon he labors with no small strength of wit to hide and palliate the same Secondly In the Temporal Articles the Portion was altered Six hundred thousand pounds in ready cash to some Eighty thousand pounds in money and a few Jewels and a Pension of Two thousands pounds per annum Instead of quarrelling this main alteration he seems to approve and applaud the payment Thirdly For the Assurance of Restitution of the Palatinate the main Foundation both of Match and Friendship he is so far from providing for it before which was the Method prescribed him by the King that he leaves it to be mediated by the Infanta after the Marriage Lastly Instead of putting off the Contract as any man in the world upon the Dispatch from Royston would have done he comes to prefix a precise day for the Desponsorios Now from this rash fixing of the day for the
against the Countrey or Dominion which of right appertain and are in truth the just and lawful possession of the King of Spain or the Lady Infanta Isabella And in case any such Hostility shall be acted contrary to this his Majesties intention all such Commissions which shall be granted to that purpose by the said Count Mansfield his Majesty doth declare to be void and that all payments shall cease That on the contrary if Obedience be given hereunto the King wisheth the Count all good success for the recovery of the Palatinate and reestablishment of the Peace in Germany against the Duke of Bavaria and those that are the troublers of the Peace And for the performance hereof the King caused Count Mansfield to take an Oath That he would conform according to the Contents of the said Commission and Declaration of his Majesty which Oath was almost in Terminis of what is before expressed This Army consisting of Twelve Regiments was intended to Land in France but being ready for Transport the French notwithstanding their Promise and the Treaty of Marriage demurred yet not plainly denied their passage Nevertheless the whole Army was shipped and put over to Calice and after a tedious stay in hope yet to land and pass through the Countrey they were forced to set sail for Zealand Neither were they suffered to land there coming so unexpectedly upon the States and in a hard Season for Provision of Victuals Thus they were long pent up in the Ships and suffered the want of all Necessaries by which means a Pestilence came among them and raged extreamly so that they were thrown into the Sea by Multitudes insomuch that scarce a Third part of the men were landed the which also afterward mouldred away and the Design came to nothing The Papist formerly danted by the Breach of the Spanish Match was now again revived by the Marriage-Treaty with France And at this time upon the Death of William Titular Bishop of Calcedon most of the English Secular Priests did Petition the Pope that another Bishop might be sent over into England there to Ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Kellison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo President of the English Benedictines at Doway wrote a Letter in their behalf to the Congregation at Rome named of the Propagation of the Faith Dated the Twelfth of December One thousand six hundred twenty and four In which Letter was this passage That there were above Sixty Benedictine Monks in England and that it is not to be doubted said he For that it is already seen the good success under the First Bishop That another Bishop being Constituted there would be more joyful fruits within one two years in the English Mission then hitherto hath been for Sixty years now elapsed But not long after the Episcopal party prevailing Pope Urban the Eight created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions King Iames after he had been troubled with a Tertian Fevor four Weeks finding himself near the end of his days called unto him Charles Prince of Wales his onely Son to whom he recommended the Protection of the Church of England advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter and to employ the power he left him to reestablish them in the Estate and Dignities of their Father And lastly he recommended to him his Officers who had faithfully served him and on the Seven and twentieth of March gave up the ghost And shortly after Bishop Laud delivered to the hands of the Duke of Buckingham brief Annotations or Memorables of the Life and Death of King Iames viz. I. HE was a King almost from his Birth II. His great Clemency that he should Reign so long and so moderately that knew nothing else but to Reign III. The difficult times in Scotland during his Minority as much perplexed with Church as State Factions IV. His admirable Patience in those yonger times and his Wisdom to go by those many and great difficulties till God opened him the ways to his just Inheritance of this Crown V. His peaceable Entry into this Kingdom contrary to the fears at home and the hopes abroad not without Gods great blessing both on him and us VI. His Ability as strong in Grace as Nature to forgive some Occurrences VII The continuance of full Two and twenty years reign all in Peace without War from Foreign Enemy or Rebellion at home VIII The infinite advantage which people of all sorts might have brought to themselves and the enriching of the State if they would have used such a Government with answerable care and not made the worst use of peace IX Gods great mercy over him in many deliverances from private Conspirators and above the rest that which would have blown up his Posterity and the State by Gun-powder X. That in all this time of his Reign of England he took away the life of no one Nobleman but restored many XI That the sweetness of his nature was scarce to be paralleld by any other XII It is little less then a Miracle that so much sweetness should be found in so great a heart as besides other things sickness and death it self shewed to be in him XIII Clemency Mercy Justice and holding the State in Peace have ever been accounted the great Vertues of Kings and they were all eminent in him XIV He was not onely a preserver of Peace at home but the great Peace-maker abroad to settle Christendom against the common enemy the Turk which might have been a glorious work if others had been as true to him as he was to the common good XV. He was in private to his Servants the best Master that ever was and the most free XVI He was the justest Man that could sit between parties and as patient to hear XVII He was bountiful to the highest pitch of a King XVIII He was the greatest Patron to the Church which hath been in many Ages XIX The most Learned Prince that his Kingdom hath ever known for matters of Religion XX. His integrity and soundness in Religion to write and speak believe and do live and die one and the same and all Orthodox XXI His tender love to the King his Son our most gratious Soveraign that now is and his constant Reverence in performance of all duties to his Father the greatest Blessing and greatest Example of this and many Ages XXII The Education of his Majesty whom we now enjoy and I hope and pray we may long and in happiness enjoy to be an able King as Christendom hath any the very first day of his Reign the benefit whereof is
of Eloquence though never so excellent all this hath somewhat servile and holding of the Subject But your Majesties manner of Speech is indeed Prince-like flowing as from a Fountain and yet streaming and branching it self into Natures order full of Facicility and Felicity Imitating none and inimitable by any c. And there seemeth to be no little contention between the excellency of your Majesties gifts of Nature and the universality and perfection of your Learning for I am well assured of this that what I shall say is no amplification at all but a positive and measured truth which is That there hath not been since Christs time any King or Temporal Monarch which hath been so learned in all Literature and Erudition Divine and Humane For let a man seriously and diligently revolve and peruse the Succession of the Emperors of Rome of which Caesar the Dictator who lived some years before Christ and Marcus Antonius were the best learned and so descend to the Emperors of Graecia or of the West and then to the Lines of France Spain England Scotland and the rest and he shall finde this Judgment truly made For it seemeth much in a King if by the compendious extractions of other Mens Wits and Learning he can take hold of any superficial Ornaments and shews of Learning or if he countenance or prefer Learning and Learned Men. But to drink indeed of the true Fountain of Learning nay to have such a Fountain of Learning in himself in a King and in a King born is almost a miracle and the more because there is met in your Majesty a rare conjunction as well of Divine and Sacred Literature as of Prophane and Humane So as your Majesty stands invested of that Triplicity which in great veneration was ascribed to the Antient Hermes The Power and Fortune of a King the Knowledge and Illumination of a Priest and the Learning and Universality of a Philosopher This Propriety inherent and individual Attribute in your Majesty deserveth to be expressed not onely in the Fame and Admiration of the present time nor in the History or Tradition of the Ages succeeding but also in some solid Work fixed Memorial and Immortal Monument bearing a Character or Signature both of the Power of a King and the Difference and Perfection of such a King Memoria Iusti cum laudibus impiorum nomen putrescit He that hath lately writ the History of Great Britain thus expresseth himself concerning King Iames. HE was a King in understanding and was content to have his Subjects ignorant in many things as in Curing the Kings Evil which he knew a device to ingrandize the vertue of Kings when Miracles were in fashion but he let the World believe it though he smiled at it in his own Reason finding the strength of imagination a more powerful agent in the Cure then the Plaisters his Surgeons prescribed for the Sore It was a hard question whither his Wisdom and Knowledge exceeded his Choler and Fear certainly the last couple drew him with most violence because they were not acquisitious but natural if he had not had that allay his high towering and mastering Reason had been of a rare and sublimed excellency but these Earthly dregs kept it down making his Passions extend him as far as Prophaneness that I may not say Blasphemy and Policy superintendent of all his Actions which will not last long like the violence of that humor for it often makes those that know well to do ill and not be able to prevent it He had pure Notions in Conception but could bring few of them into action though they tended to his own preservation for this was one of his Apothegms which he made no timely use of Let that Prince that would beware of Conspiracies be rather jealous of such whom his extraordinary favors have advanced then of those whom his displeasure hath discontented These want means to execute their pleasures but they have means at pleasure to execute their desires Ambition to rule is more vehement then Malice to revenge Though the last part of this Aphorism he was thought to practise too soon where there were no causes for prevention and neglect too late when time was full ripe to produce the Effect Some paralleld him to Tiberius for Dissimulation yet Peace was maintained by him as in the time of Augustus and Peace begot Plenty and Plenty begot Ease and Wantonness and Ease and Wantonness begot Poetry and Poetry swelled to that bulk in his time that it begot strange monstrons Satyrs against the Kings own person that hanted both Court and Countrey which expressed would be too bitter to leave a sweet perfume behinde him And though bitter ingredients are good to imbalm and preserve dead Bodies yet these were such as might endanger to kill a living Name if Malice be not brought in with an Antidote And the Tongues at those times more fluent then my Pen made every little miscarriage being notable to discover their true operations like small Seeds hid in Earthy darkness grow up and spred into such exuberant Branches that evil report did often pearch upon them So dangerous it is for Princes by a remiss comportment to give growth to the least Error for it often proves as fruitful as Malice can make it But alass good King Here was an end of his Earthly Empire and little did he imagine that the last period to Great Britains Monarchy should not much exceed the time of his own Reign and in the true extent come short of it There is a Book said to be writ by a Knight of Kent and intituled King James Court which renders a further Character of that King we forbear to particularize any thing thereof no name being put to the Book but leave the Reader to his freedom The Bishop of Lincoln then Lord Keeper of the Great Seal of England in his Sermon at King Iames Funeral speaking of Solomon and King Iames his Text being 1 Kings 11.41 42 43. hath these Expressions I Dare presume to say you never read in your lives of two Kings more fully parallel'd amongst themselves and better distinguished from all other Kings besides themselves King Solomon is said to be Unigenitus coram Matre sua the onely Son of his Mother Prov. 4.3 So was King Iames. Solomon was of Complexion white and ruddy Cant. 5.10 So was King Iames. Solomon was an infant-Infant-King puer parvulus a little Childe 1 Chron. 22.5 So was King Iames a King at the Age of Thirteen Moneths Solomon began his Reign in the life of his Predecessor 1 Kings 1.32 So by the force and compulsion of that State did our late Soveraign King Iames. Solomon was twice crowned and anointed a King 1 Chro. 29.22 So was King Iames. Solomons Minority was rough through the quarrels of the former Soveraign so was that of King Iames. Solomon was learned above all the Princes of the East 1 Kings 4.30 So was King Iames above all Princes in the
to confirm an Agreement between the King and the Copy-holders of Macclesfield in Com. Cestr. c. 9. An Act for he settlement of an Agreement of the Tenants of Chelvenham and Ashby alias Charleton between the King and Sir Giles Grival Knight The Parliament being dissolved the King followed his Design of War and resolved that the Fleet should speedily put out to Sea he also entered into a League with the United-Provinces against the Emper or and King of Spain for restoring the Liberties of Germany the States by their Ambassadors sought this Union and the Duke of Buckingham with the Earl of Holland were sent to the Hague to conclude the same as also to comfort the Kings distressed Sister with hopes of a Restitution Soon after his Majesty issued forth a Proclamation whereby he commanded the return within limitted time of all such children of Noblemen and others his natural Subjects who were now breeding up in Schools and Seminaries and other houses of the Popish Religion beyond the Seas That their Parents Tutors and Governors take present order to recal them home and to provide that they return by the day prefixt at the utmost severity of his Majesties Justice and he commanded further That no Bishop Priest or any other person having taken Orders under any Authority derived from the Sea of Rome do presume to confer Ecclesiastical Orders or exercise Ecclesiastical Function or Jurisdiction towards any of his natural Subjects in any of his Dominions and that all Statutes in force be put in due execution against Jesuites Seminaries and others in Popish Orders prefixing a day for their departure out of his Dominions not to return again upon the severest penalties of the Law In the time of the late King very many of the natural Subjects of these Dominions had by publick permission betaken themselves to the service of the Emperor the King of Spain and Archdutchess of the Low-Countries and by this means they fought against others of their Country-men that were imployed by the States of the United-Provinces and on the behalf of the exiled Palatine But now the King foreseeing how improper and unnatural it were that his own natural Subjects should upon any occasion or accident draw their swords one against the other or any of them against their own Soveraign did by advice of his Privy-Council straitly command all those his Subjects who were under the pay of the Emperor the King of Spain or Archdutchess speedily to return to their Native Countries where they should be received and imployed as occasion served according to their several qualities The dissolution of the Parliament preventing the Act of Subsidies the King drew Supplies from the people by borrowing of persons able to lend such competent sums of money as might discharge the present occasions accordingly he directed Letters of the following Tenor to the Lords-Lieutenants of the Counties Right Trusty and Welbeloved c. IT hath been so usual a thing for Kings and Princes of this Realm to make use of their Subjects good affections by borrowing some such competent Sums of Money of Persons able to lend as might supply those present occasions for Publick Service which cannot attend that length of time wherein it can be raised by contribution by the generality of our Sujects As we have not onely present occasion to make the like Trial by borrowing from some private Gentlemen and others but also of your sincerity and endeavors in furtherance of the service that is to say in taking some course either out of your own knowledg and experience or by any other Means or Instruments which you like best to make Collection of as many Persons Names within the County wherein you are Lieutenant as may be of ability to furnish us with several Sums at this time and therefore to return in a Book both the Names of the Persons their Dwellings and what Sums you think they may spare that we may thereupon direct our Privy-Seals unto them according to the form of this inclosed And for your further instruction in this Case on whose Trust we do so much repose we wish you to advise herein with your Deputy Lieutenant as those from whom we have special cause to promise our selves all good Offices of duty and affection To which we must add thus much further That we do not intend at this time to deal with any Nobleman neither are you to deal with any of the Clergy because we have reserved that Direction to the Metropolitans of the several Provinces to proceed onely with some special persons that are known to be men of wealth and ability and not meerly subsisting upon those Livings which in most places are far inferior to that Maintenance we could wish them By which course and consideration of ours though you may perceive how much we desire to procure this Loan without inconvenience to any which is only intended for the service of the Publique yet must we assure you that we had no greater cause at any time then now to make use of your integrity and industry in respect of your election of the Lenders and of your constant demonstration both of diligence and affection to the service Having now delivered unto you as much as for the present can be expected from us We will refer you for any further direction unto our Privy-Council as hereafter occasion shall require To whom our pleasure is you do return your Certificates in manner and form as is aforesaid at the most within Twenty days after the Receipts of these our Letters Given at c. The Comptroller of the Kings Houshold by the Councils Order issued forth Letters in the Kings name under the Privy-Seal to the several persons returned for the Loan of Money in form as followeth Trusty and Welbeloved c. HAving observed in the Presidents and Customs of former Times that all the Kings and Queens of this Realm upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects or to the private helps of some well-affected in particular by way of Loan In the former of which courses as we have no doubt of the love and affection of our People when they shall again assemble in Parliament so for the present we are enforced to proceed in the latter course for supply of some portions of Treasure for divers Publick services which without manifold inconveniences to us and our Kingdoms cannot be deferred And therefore this being the first time that we have required any thing in this kind we doubt not but we shall receive such a testimony of your good affection from you amongst other of our Subjects and that with such alacrity and readiness as may make the same so much the more acceptable especially seeing we require but that Sum which few men would deny a Friend and have a mind resolved to expose all our Earthly fortune for preservation of the General The Sum which we
the Council That both the English and Dutch Ships designed to block up Dunkirk whilst our Fleet was gone to Spain were dispersed by a sudden storm and that Two and twenty Ships of Dunkirk Men of War having Four thousand Land-soldiers were at liberty to rove up and down and do mischief at Sea Hereupon the Council by their Letters to the Lords Lieutenants of the Counties upon the Seacoasts required that the Trained-Bands be in readiness with compleat Armor and other Furniture to march upon all Alarms to what place soever the necessary defence thereof shall require Also upon intelligence that these Two and Twenty Dunkirkers intended to land their Four thousand men in Ireland in case their design failed as to England Letters were expedited to the Lord Deputy of Ireland to guard those Sea-coasts for that it were alike mischievous if they should land in either Kingdom In the beginning of October the Fleet consisting of Eighty Ships great and small the Anne-Royal a Ship of Twelve hundred Tun being Admiral put forth from Plimouth for the Coasts of Spain with these Regiments aboard the Fleet according as we find it mentioned in an old List viz. The Duke of Buckingham's The Lord Wimbleton's Sir William St. Leger's Serjeant-Major-General and Colonel Burrough's Regiments were shipped in the Admirals Squadron which carried 2093 Seamen and 4032 Land-soldiers The Lord Valentia's Regiment The Earl of Essex's and Colonel Harwood's were shipped in the Vice-Admirals Squadron carrying 1765 Seamen and 3008 Land-soldiers The Earl of Essex was Vice-Admiral and commanded this Squadron Sir Charls Rich his Regiment Sir Edward Conway's and Colonel Regiments were shipped in the Rear-Admirals Squadron carrying 1833 Mariners 2998 Soldiers The Fleet after four days sail was encountred with a furious storm which so dissipated the Ships that of Fourscore no less then Fifty were missing for seven days Afterwards they all came together upon the Coasts of Spain where they found a Conquest ready the Spanish Shipping in the Bay of Cadez the taking whereof was granted feasible and easie and would have satisfied the Voyage both in point of honor and profit This was either neglected or attempted preposterously Then the Army landed and Sir Iohn Burroughs took a Fort from the Spaniard but the Soldiers finding good store of Spanish Wines abused themselves and hazarded the ruine of all had the Enemy known in what condition they were notwithstanding all Commands to the contrary So they were presently shipp'd again and the General putting to Sea intended to wait about Twenty days for the Plate-Fleet which was daily expected from the West-Indies But the evil condition of his Men by reason of a general Contagion enforced him to abandon the hopes of this great Prize So the English having effected nothing returned home with dishonor in November following It gave no small occasion of clamor That a Fleet so well provided and manned should land their men in an Enemies Country and return without some honorable Action But where the fault lay hath not been yet adjudged neither was any ever punished for failing in that duty The General for some time was not admitted into the Kings presence and some of the Colonels of his Army accused him and some Seamen aggravated the Accusation The General was examined before the Council and laid the fault on others in the Fleet who let the King of Spain's Ships pass without fighting them according to Order They on the other hand said they had no Order from their General to fight Thus was there fending and proving which contributed little to salve the dishonor which the Nation sustained by this unprofitable and ill-managed Design Upon the Fleets return to Plimouth in December and Consideration of the present use of the Soldiers therein imployed a Proclamation issued forth to command that no Soldiers of the Fleet should depart from their Colours or be discharged of their Service till the King shall signifie his pleasure how and when he will use their further Service So the Forces that returned from Cades were kept on foot and dispersed into several parts of the Kingdom There was also a strict Commandment That no Subject of this Realm of England shall have intercourse of Trade with any of the Dominions of the King of Spain or the Arch-Dutches of Flanders upon pain of Confiscation both of Ships and Goods that shall be found upon Voyage of Trade into any of the said Dominions Moreover in regard of the Subjects apparent danger and the encouragement of the Enemies of this State by putting Ships to Sea being weakly manned and ill furnished the King ordained that none should set forth any Ship or Pinnace of the burthen of Threescore Tuns or upwards unless they furnish the same with serviceable Muskets and Bandaliers sufficient for the arming of half the number of persons that sail therein together with a quantity of Ammunition answerable to the length of their intended Voyage Furthermore for the instructing and exercising of the Trained-Bands as well Officers as Soldiers by men experienced in Military Exercises The King gave Commandment that divers Low-Countrey Soldiers should be assigned to the several Counties and that the Trained-Bands should be ready at the times appointed for their Direction in their Postures and use of Arms. The Plague still continuing in London and Westminster and the places near adjoyning the King to prevent a general infection had adjourned a part of Michaelmas Term from the Utas thereof to the Fourth Return and afterwards to the Fifth and then the residue of the Term from the City of Westminster as also the Receipt of the Revenue from Richmond to the Town of Reading in Berkshire In which Term a Commission issued forth under the Great Seal for executing the Laws against Recusants according to the Petition of the late Parliament which was read in all the Courts of Judicature at Reading Which Commission together with Pricking of Sir Edward Cook and certain other Gentlemen Sheriffs who had appeared the last Parliament against the Duke and being Sheriffs could not be chosen Parliament-men gave occasion of discourse and hopes of a new Parliament At Hampton Court in December following this ensuing Order was made WHereas Four Articles concerning the Oath used to be taken by the High Sheriffs of Counties were this day presented unto the Board unto which Articles Sir Edward Cook Knight at this present High Sheriff of the County of Bucks Did upon tender of the Oath unto him take Exceptions and sent his Exceptions and the Reasons thereof in writing to Mr. Attorny General who by direction of the Board did attend all the Iudges of England to receive their Advice thereupon and the said Iudges having advised thereof did with one unanimous consent Resolve and so Report to the Lord Keeper That they found no cause to alter the said Oath but onely in one of the said Articles hereafter mentioned It is thereupon this day Ordered by their
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
to the performance of this weighty and publick Charge wherein as I do and shall to the end most humbly desire your gratious acceptance of my good intentions and endeavors So I could not but gather some confidence to my self that your Majesty will look favorably upon the works of your own hands And in truth besides this particular these publick things which are obvious to every Understanding are so many Arguments of Comfort and Encouragement where I contemplate and take a view of those great and inestimable blessings which by the goodness of God we do enjoy under your Majesties most pious and prudent Government If we behold the frame and the face of the Government in general we live under a Monarchy the best of Governments the nearest resemblance unto the Divine Majesty which the Earth affords the most agreeable to Nature and that in which other States and Republicks do easily fall and reverse into the Ocean and are naturally dissolved as into their Primam Materiam The Laws by which we are governed are above any value my words can set upon them time hath refined and approved them they are equal at least to any Laws Humane and so curiously framed and fitted that as we live under a temperate climate so the Laws are temperate yielding a due observance to the Prerogative Royal and yet preserving the Right and Liberty of the Subject That which Tacitus saith of two of the best Emperors Res olim insociabiles miscuerunt imperium libertas and so far is this from the least diminution of Soveraigns that in this your Majesty is truly stiled Pater Patriae and the greatest King in the World that is King of such and so many Free-born Subjects whose persons you have not onely power over but which is above the greatest of Kings to command their hearts If time or corruption of manners breed any Mists or Grievance or discover any defects in the Law they are soon reformed by Parliament the greatest Court of Justice and the greatest Council of the Kingdom to which all other Courts and Councils are subordinate Here your Royal Person sits inthroned in the Seat of Majesty attended by a Reverend and Learned Prelacy a great and full Nobility inthroned like Stars in the Firmament some of a greater some of a lesser magnitude full of light and beauty and acknowledging to whom they owe their lustre and by a choise number of worthy Knights and Gentlemen that represent the whole body of your Commons But to leave generals We live not under a Monarchy only the best of Goverments and under a Government the best of Monarchies but under a King the best of Monarchs Your Royal Person and those eminent graces and vertues which are inherent in your Person in whom Greatness and Goodness contend for superiority it were presumption in me to touch though with never so good a meaning they will not be bounded within the narrow compass of my discourse And such Pictures of such a King are not to be made in Limning but for Publick things and actions which the least eye may see and discern and in them obliquely and by reflexion cheerfully and with comfort behold your Person What Age shall not record and eternise your Princely magnanimities in that Heroick action or venturous Journey into Spain or hazarding your Person to preserve the Kingdom Fathers will tell it to their children in succession After-ages will then think it a Fable Your piety to the Memory of your dear Father in following and bedewing his Herse with your tears is full in every mans memory The Publick Humiliation when Gods hand lay heavy upon us and the late Publick Thanksgiving to Almighty God for removing his hand both commanded and performed in person by your Majesty is a work in piety not to be forgotten and I trust the Lord will remember them and reward them with mercy and blessing to your Majesty and the whole Kingdom Your love to Justice and your care in the administration of Justice we all behold with comfort and rejoice to see it The great Courts of Justice from the highest to the lowest furnished with Judges of that wisdom and gravity learning and integrity The Thrones of Kings are established by Justice and may it establish and I doubt not but it will establish the Throne of your Majesty in your Person and in your Royal Line to the end of time But above all and indeed it is above all as far as Heaven is distant from Earth your care and zeal for the advancement of Gods true Religion and Worship are cleerly and fully exprest and do appear both in your Person and by your many Publick Acts and Edicts It is true that is said of Princes Quod faciunt praecipiunt Of your Majesty both are true and a Proposition made convertible We have received a most gracious Answer from your Majesty to all our late Petitions concerning Religion seconded with a Publick Declaration under the Great Seal and Inrolled in all the Courts of Justice for your Royal pleasure and direction to awaken and put life into these Laws by a careful Execution with provision that the Penalties be not converted to your Private Coffers and yet the Coffers of Kings are not Private Coffers but by your express direction set apart to Publick uses such as concern the immediate Defence of the Kingdom wherein we all have our share and interest Your Royal Proclamation hath commanded those Romish Priests and Jesuites to Banishment those Incendiaries that infect the State of this Church and Commonwealth Their very entrance into this Kingdom is by a just and provident Law made Treason their aims being in truth how specious soever their pretences be nothing else but to plot and contrive Treason against the State and to seduce your Natural born Subjects from their true obedience nourishing in their posterities Factions and Seditions Witness those many Treasons and Conspiracies against the person of that glorious Lady whose memory will never die and that horrible matchless Conspiracie the Powder-Treason the Master-piece of the Devil But God that preserved her and your Royal Father against all their treacherous Conspiracies and hath given you a heart to honor him will honor and preserve you Religion will more truly keep your Kingdoms then the Seas do compass them It is the joy of heart to your Majesties loyal and well-affected Subjects and will ever be the honor of your Regal Diadem and the Crown of your Crown The Spanish Invasion in Eighty Eight I hope will ever be remembred in England with thankful acknowledgment to God for so great a deliverance And I assura my self it is remembred in Spain but with another mind a mind of Revenge they are too constant to their Counsels to acquit their Resolutions and Purposes that drew on that Attempt It was long before discovered and since printed not without their liking That they affect an Universal Monarchy Videor mihi vidore saith Lipsius of their State Solem
orientem ab Occidente a Monster in Nature And one of their own speaking of the two great Lights which God hath placed in the Firmament makes the Pope Luminare majus presidens urbi orbi and the King of Spain Luminare minus ut subdatur urbi dominetur per totum orbem A great flattery and a bold and impudent elusion But I trust as God hath put it into the heart of your blessed Father by that matchless Book of his written to all Christian Monarchs and Princes a Work by which he raised a Monument to himself more lasting then Marble to denounce War to that Adversary of God and Kings the Pope so he hath set your sacred Majesty upon the Throne of your Father to do as many things worthy to be written as he had written things worthy to be read amongst them to restrain that unlimited pride and boundless ambition of Spain to reduce it to their proper current channel who under the title of Catholick King makes his pretence to more Countries and Kingdoms then his own and by color of disguised Treaties he invades the Palatinate and dispossesseth that Incomparable Lady your Royal Sister and the Children of this Kingdom of their right and their antient Patrimony and Inheritance to the discomfort and dishonor of this great and glorious Nation God in his mercy soon repair this breach by your Royal head and I assure my self the hearts the hands and the purses of all good Subjects will say Amen But I may weary your Majesty and lose my self and forget for whom I am a Speaker Custom gives me the priviledge as an humble Suitor on the behalf of the House to present their few Petitions unto your Majesty 1. The first That for our better attending this Publick and important service our selves and our necessary Attendants may with your Majesties tender allowance be free both in our persons and goods from Arrests and troubles according to our antient Priviledges 2. The next That since for the preparing and drawing to conclusion such Propositions as shall be handled in the House Debate and Dispute will be necessary and by variety of opinions Truth is oftentimes best discerned your Majesty will likewise according to your antient usage and priviledge vouchsafe us liberty and freedom of speech from which I assure my self duty and loyalty to your Majesty will never be severed 3. That when occasions of moment shall require your Majesty upon our humble suit and at such times as may best sort with your occasions will vouchsafe us access to your Royal person 4. That the Proceedings of the House may receive a favorable Interpretation at your gracious hands and be free from misconstructions The Houses began their work with rendring thanks to the King for his gracious Answer to their late Petition for Religion An Act was tendred and read To administer an Oath for the rendring a true Accompt of all General and Publick Taxes Rates and Collections Another against Scandalous Ministers It was moved some Provision might be made against Scandalous Livings as well as against Scandalous Ministers The Commons further fell into Examination of the Publick Grieveances and the Carriage or rather Miscarriage of the Fleet to Cadiz The Evil Counsellors about the King Misgovernment and Misimployment of the Kings Revenue An Accompt of the Subsidies and Three Fiâ—teens granted 21 Iacobi And resolved of a Committee for secret Affairs and another for Grievances to sit every Friday and Wednesday during the Parliament And Mr. Whitby was commanded to the Chair for the Committee for Grievances where were delivered these ensuing Consultations I. The State of the King in the Constant Revenue of the Crown 1. What it was and how for the Introitus and Exitus they are ordered 2. What now it is either in cleer or by Lands by Customs and Impositions or by Casualties 3. The means how it is abated By gifts of Lands ex mero motu and no valuable consideration and this may be revoked By grants of Pensions now 120000 l. before but 80000 l. Good Times have resumed them or contracted them upon Necessity By increase of Houshold from 45000 l. to 80000 l. the Purveyors more and the Tables less furnished then formerly By fruitless Ambassadors with larger allowance then formerly To reduce them to the Ordinary of the late Queen By treble increase of the Privy-Purse By double increase of the Treasury of the Chamber and Great Wardrobe In all by not using the best course of Assignments whereby the Creditors are delayed in the paiment and the King surcharged in the price the Exchequer-man making his profit from the Kings wants II. The Condition of the Subject in his Freedom 1. Formerly in Taxes by Parliaments as by Subsidies and Fifteens spent onely on Defence of the State or Aid of our Allies by Tonage and Poundage imployed in Guard of the Seas Loans rarely and those imployed intirely for the Publick Imposition by Prerogative of old Customs rated easily by the Book of Rates if any either limited to time or measure 2. New Impositions and Monopolies multiplied and settled to continue by Grants Customs Inhannced by the new Book of Rates Tonage and Poundage levied though no Act of Parliament nor Seas guarded the Times the Wayes and the Persons that induce these 3. The Imploiment or Waste of the Treasure What Sums have been granted for the Defence of the State the last Three years How in particular spent and where By what Advice as by the direction of the Council of War appointed by Parliament by full Order of the Council by any other then those and by whom First Publick Treasury is to be examined Secondly The Kings Subjects how many and when transported and imployed as to the Palatinate Count Mansfields Land-soldiers in the last Fleet The Designs where they were sent the Council that directed it the success of the Action and the Return of the persons in number and the Loss Thirdly In Ships and Munition our own The Number and Quantity imployed severally the Number imbarqued in those Ships and what prejudice and discouragement of Trade the Council that directed such Imploiments the several success as at Algier and Cadiz Strangers and those Ships either of Allies or Enemies Allies hired by Contract to serve and how used or taken as Prize if so how then delivered and dealt withal in the course of Justice what success hath followed upon Injustice done them as the Arrest of our Goods in France and Germany whereby our Merchants are at a stand The number and true value of the Goods the Accompt thereof made to his Majesty or his Officers the dismissing and discharging any of them or the Goods viz. by whom the Directions the Pretence the Value of the Goods the Place whither they went Honor of the King which as in all other things consists in what formerly hath been done How formerly we stood a Nation feared renowned victorious We made the Netherlands a
good or evil they are to continue or not to be And remember that if in this time instead of mending your Errors by delay you persist in your Errors you make them greater and irreconcileable Whereas on the other side if you do go on cheerfully to mend them and look to the distressed State of Christendom and the Affairs of the Kingdom as it lieth now by this great Engagement you will do your selves honor you shall encourage me to go on with Parliaments and I hope all Christendom shall feel the good of it The Commons upon the Debate of what fell from his Majesty and the Lord Keeper turned the House into a Grand Committee ordered the doors to be locked and no Member to go forth and that all Proceedings in all other Committees shall cease till the House come to a Resolution in this business His Majesty being informed that some things in his own Speeches and the Lord Keepers Declaration were subject to misunderstanding commanded the Duke to explain them at a conference of both Houses in the Painted-Chamber held for that purpose WHereas it is objected by some who wish good Correspondency betwixt the King and People that to prefix a day to give or to break was an unusual thing and might express an inclination in the King to break to remove this as his Majesty was free from such thoughts he hath descended to make this Explanation That as his Majesty would not have you condition with him directly or indirectly so he will not lye to a day for giving further Supply but it was the pressing occasion of Christendom that made him to pitch upon a day His Majesty hath here a Servant of the King of Denmark and another from the Duke of Weymer and yesterday received a Letter from his Sister the Queen of Bohemia who signified that the King of Denmark hath sent an Ambassador with Power to perfect the Contract which was made at the Hague so it was not the King but time and the things themselves that pressed a time Therefore his Majesty is pleased to give longer time hoping you will not give him cause to put you in minde of it again so that you have a greater Latitude if the business require to think further of it I am commanded further to tell you that if his Majesty should accept of a less sum then will suffice it will deceive your expectations disappoint his Allies and consume the Treasure of the Kingdom whereas if you give largly now the business being at the Crisis it comes so seasonably it may give a Turn to the Affairs of Christendom But while we delay and suffer the time to pass others abroad will take advantage of it as the King of Spain hath done by concluding a Peace as 't is though in Italy for the Vatoline whereby our work is become the greater because there can be no diversion that way As it was a good Rule to fear all things and nothing and to be Liberal was sometimes to be Thrifty so in this particular if you give largly you shall carry the War to the Enemies door and keep that Peace at home that hath been Whereas on the contrary if you draw the War home it brings with it nothing but disturbance and fear all Courses of Justice stopt and each mans Revenues lessened and nothing that can be profitable Another Explanation I am commanded to make touching the grievances wherein his Majesty means no way to interrupt your Proceedings but hopes you will proceed in the antient wayes of your Predecessors and not so much seek faults as the means to redress them I am further commanded to tell you That his Majesty intends to elect a Committee of both Houses whom he will trust to take the view of his Estate the Defects whereof are not so fit for the Eyes of a Multitude and this Committee will be for your ease and may satisfie you without casting any ill odour on his Government or laying open any weakness that may bring shame upon us abroad That which is proposed is so little that when the payment comes it will bring him to a worse estate then now he is in therefore wishes you to enlarge it but leaves the augmentation to your selves but is sorry and touch'd in Conscience that the burthen should lie on the poorest who want too much already yet he will not prescribe but wish that you who were the Abettors and Counsellors of this War would take a greater part of the Burthen to your selves and any man that can finde out that way shall shew himself best affected and do the best service to the King and State The Duke then made his Address to them in his own behalf My Lords and Gentlemen YOu were all witnesses yesterday how good and gratious a Master I serve and I shall be likewse glad that you be witnesses how thankful a heart I have And I protest I have a heart as full of zeal to serve my Master as any man and it hath been my study to keep a good correspondency betwixt the King and his people And what ever thought hath been entertained of me I shall not alien my heart from that intention but shall adde spurs to my endeavours and actions to vindicate my self from ill opinion And however I lye under the burthen of the same it lies in your hands to make me happy or not and for my part I wish my heart and actions were known to you all then I assure my self you would resume me to your good opinions When I had with some hazard waited on my Master into Spain it is well known what Testimony I gave of my Religion and no man that comes to a true and near view of my action can justly charge me Let me be excused If I give accompt of this particular when I should speak of the general for this goes near my heart and to dissemble with my Conscience no ends of Fortunes in the World can make me do it For if I had any ill inclination I had such offers made to me in Spain as might have tempted me If I would have been converted my self I might have had the Infanta to put in my Masters Bed and if my discontent should have risen here I might have had an Army to have come with me But I thought the offer foolish ridiculous and scornful in that point of Religion I will now take the boldness to speak a little in the general business and I call it boldness to speak after one who did so well the other day But I had rather suffer in my own particular then not refresh your Memories with that which is materially needful I shall not need to reflect so far back as to the beginning of those Counsels which engaged my Master into the War they are well known onely I will so far touch it as to say That the last years preparations were not Voluntary or out of Wantonness but out of Necessity My Master
had good intelligence that the King of Spains eye was malitiously bent this way which had been pursued accordingly if the employment of the Low-Countrymen to the Bay of Todos los Santos had not diverted it Now for the Counsel which was used for sending out the Fleets I will refer you to the Relation of the Lord Conway who as well in this as other Resolutions can tell you That nothing was carried with single Councils And for my self I know that in all those actions no man can stand up against me to say that I ever did go with single Councils or made breach of any but have been an obedient Servant and Minister unto their Resolutions The proof whereof will appear in a Journal thereof which my Lord Conway keeps I confess all Councils were not ever as your selves would nor have wished they should if you had known them as my Master did in whom the former Affairs of State had bred such affections that the business being altered they were not to be trusted with the Change I will now give you an accompt of all my Negotiations since my being at Oxford both at home and abroad and because there it was charged that those things were carried with single Counsels I was more careful to advise the King to have his Counsel with him in the Country being to enter into War with an Active King And for my part I did diligently wait on the Council left all Recreations all personal occasions studying to serve my Master and to gain the good opinion of both Houses The Council of Woodstock generally advised the going out of the Fleet. And though it were objected that the Season were not fit yet the action shewed the contrary for they all arived in safety And for what was also objected that the Provision was not good experience tells you the contrary for the preparations were all good in quality and proportion And if the Success were not such as any honest man could wish I hope I shall not be blamed being not there in person though I made the greatest suit for it to my Master that ever I did for any thing But his Majesty thought my Service more useful in the Low-Countreys to comfort his Sister and to treat with the Kings oâ— Denmark Sweden and the States And though the Success as I said of the Fleet were not answerable to the desires of honest men yet it had these good effects first It put our Enemy to great charge in fortifying his Coasts secondly They took so many Ships as caused many of his Merchants to break whereby the Army in Flanders suffered much And lastly They could carry no Treasure out to pay their Forces in Flanders And for Omissions of what more might have been done I leave that to its proper place and time and let every man bear his own burden From Oxford the Council went to Southampton where the States Ambassadors did wait often on the King and Council and a League Offensive and Defensive betwixt us and them was thought fit to be resolved on whereof some Reasons I will express but not all First They are of our own Religion secondly They are our near Neighbors for situation so useful as when they are in distress it is policy in us to give them relief therefore the King thought fit to do it in such manner as might lay an Obligation on them which if it had not been done they had been pressed with a long War and such a Faction among themselves as if the King had not joyned and in a manner appeared their Protector they had broke among themselves And in this the Kings care was not onely of them but of all Christendom and of his own particular For as before he onely assisted them his Majesties care now used Arguments to draw them to Contribution so that they bear the fourth part of the charge of the War at Sea according to such Conditions as by the Lord Chamberlain you have heard This League being perfected betwixt the States and us his Majesty by Advice of his Council thought fit to send me to get such a League with the other Princes as I could The Rendezvous was in the Low-Countreys being in a manner the Centre for repair for England France and Germany I had Latitude of Commission to make the League with most advantage I could Now I had discovered from Monsieur B. The French Ambassador here that a League Offensive and Defensive would be refused and I found the King of Denmark shie and loth to enter into such a League against the King of Spain and so partly out of Necessity and partly out of Reason of State I was forced to conclude the League in general Terms for the restoring of the Liberty of Germany without naming the King of Spain or the Emperor that other Princes might come in and this to continue till every one had satisfaction and nothing to be treated of debated or concluded on but by consent of all parties It did appear that the Charge was so great that the Kingdom could not endure it and therefore I endeavored in the Low-Countreys to lessen it and so the Sea charge was helped and the Land assistance given unto them is to cease Six moneths hence which the Lord Conway said was to end in September next Also by this Treaty it is conditioned with the King of Denmark That when my Master shall by Diversion equal to this Contribution with his own Subjects enter into an Action then this Charge to cease Or if the King of France may be drawn in of which there is great hope though he hath now made peace in Italy for that the policy of France may not give way unto the greatness of the House of Austria and ambition of Spain whose Dominions do grasp him in on every side And if the business be well carried his Engagement to the King of Denmark may draw him in so there is great possibility of easing our Charge But all is in the discreet taking of the time for it not we may think the King of Denmark will take hold of those fair Conditions which are each day offered him and then the Enemies Army will fall upon the River of Elve and the Lord Conway added upon East-Friezland from whence they would make such progress as in my poor experience would ruine the Low-Countreys And thus I think I have satisfied all of you or at least given an account of my Negotiation in the Low-Countreys with the King of Denmark Sweden and the rest I should be glad before I end to say somewhat of my self but I shall request your favorable construction for I have been too long already but I fear I shall offend and therefore I will restrain my self to generals If in any of these employments my Errors may be shewed me I shall take him for my best friend that will manifest them in particulars I have bent all my thoughts on nothing but my Masters Honor the Service
our Countrey That it hath béen the antient constant and undoubted Right and Usage of Parliaments to question and complain of all persons of what degree soever found grievous to the Commonwealth in abusing the power and trust committed to them by their Soveraign A course approved not onely by the examples in your Fathers days of famous memory but by frequent presidents in the best and most glorious Reigns of your Noble Progenitors appearing both in Records and Histories without which liberty in Parliament no private man no servant to a King perhaps no Counsellor without exposing himself to the hazard of great enmity and prejudice can be a means to call great Officers into question for their misdemeanors but the Commonwealth might languish under their pressures without Redress And whatsoever we shall do accordingly in this Parliament we doubt not but it shall redound to the Honor of the Crown and welfare of your Subjects Lastly We most humbly beseech Your Majesty gratiously to conceive that though it hath been the long Custom of Parliaments to handle the matter of Supply with the last of their businesses yet at this time out of extraordinary respect to your Person and care of your Affairs We have taken the same into more speedy consideration and most happily on the very day of your Majesties Inauguration with great alacrity and unanimous consent After a short Debate we grew to the Resolution for a present Supply well-known to your Maiesty To. which if Addition may be made of other great things for your Service yet in Consultation amongst us we doubt not but it will appear That we have not receded from the Truth of our first Intention so to supply you as may make you safe at home and feared abroad especially if your Maiesty shall be pleased to look upon the way intended in our promise as well as to the measure of the gift agreed With like humility we beseech your Majesty not to give ear to the officious reports of private persons for their own ends which hath occasioned so much loss of time nor to judge our proceedings whilst they are in agitation but to be pleased to expect the issue and conclusion of our labors which we are confident will manifest and justifie to your Majesty the sincerity and Loyalty of our hearts who shall ever place in a high degree of happiness the performing of that duty and service in Parliament which may most tend to your Majesties Honor and the good of your Kingdom Unto this Remonstrance the King said He could give no present answer but desired the House to adjourn for a week as the Lords had done and they adjourned accordingly In the interim it was intimated in Writing to the Duke that he should procure his Majesty to signifie to a certain number of Lords that he hath endeavored to divert the Charge against the Duke because his Majesty hath had sound knowledge and experience of his service and fidelity That his Majesty may let them know that he is now pleased to reveal some secrets and mysteries of State That the King his Father finding the Palatinate more then in danger to be lost and his Majesty being in Spain and there deluded and his abode and return both unsafe it was a necessity of State to sweeten and content the Spaniard with the hope of any thing which might satisfie and redeem those Engagements And that therefore the King willed the Duke to yield discreetly to what he should find they most desired and this was chiefly the point of Religion So as in this and all of the like kind the Duke upon his Majesties knowledge was commanded and but the Instrument trusted by the King in this Exigent or if you will say Extremity Upon the same ground though not in so high a degree the sending of the Ships to Rochel may be excused Touching the vast Creation of Nobility his Majesty may declare that his Father who was born a King and had long experience of that Regiment found that this State inclined much to popularity and therefore thought fit to enlarge the number of his Nobles that these being dispersed into several Counties might shine as Lamps of Soveraignty in protecting their own degrees and at their own chaâ—â—e inure the people with respect and obedience to greatness And the King may protest that this was a child of his Fathers best Judgment and the Duke the Instrument thereof And if you say there was money many times given for these Honors nay if you say that money hath been given for places of Clergy and Judicature take this of me it is so in all other Countreys as in France and Spain c. though I am not satisfied in this opinion And if it be said the King should have had the money which the Duke took to his own use I beleeve this last may the King say is more then any man can prove Neither will I deliver what I know therein onely this I will say I know the Dukes particular service and affection towards me and that he and his will lay down themselves and all they have at my feet Is it for a King to use his Servant and Instrument as he doth his Horses and being by hard riding in his service foundred and lame to turn them out to Grass or to the Cart I must therefore may the King say in right of the King my Fathers Honor protect a man though justly seeming guilty yet in my own knowledge innocent Will you therefore deny the King to favor whom he pleaseth which the King never denied to you that are his Subjects Well commend me to my Lords and tell them that if any thing hath been formerly done amiss by others I have power and will to redress it and to prevent the like At this time the King commanded all the Bishops to attend him and when they were come before him being fourteen in number he reprehended them that in this time of Parliament they had not made known unto him what might be profitable for the Church whose cause he was ready to promote And he laid this Charge upon them that in the Cause of Bristol and Buckingham their Consciences being their Guides they should follow onely proofs and not rumors The Commons sent again to the Duke by Sir Iohn Epsley to let him know that they were passing Articles against him and that they had given the Messengers leave to take Notes thereof out of the Clerks Book whereof he might take a Copy if he pleased and that they expected his Answer that day before ten of the Clock if he pleased to send any This the Duke signified to the Lords who did not think fit that he should answer as appears by the ensuing Report made by Sir Iohn Epsley This day his Grace gave us this Answer after he had moved the Lords that he should with great care make all due acknowledgment of your respect and favors in giving him this notice
he had heard by several ways the King suffered much and was infinitely pressed by the Duke concerning the said Earl and his affairs and this he said was the suffering he had spoken of to their Lordships the other day The Earl craved leave of their Lordships to specifie some other particulars whereby it should appear that his Majesty was in no kind ill opinioned of him till his dying day viz. That several persons will depose that they have heard his Majesty say that he esteemed him an honest man And that he was pleased to accept of Toyes by way of Present from him graciously and in good part and at last was likewise pleased to give him leave to come to London and to follow his own affairs and that his pleasure was signified unto him by the Duke his own Letter Whereupon he determined to come to London intimated to the Duke his intention of going to his Lodging in Whitehall but the Duke was therewith incensed again and said he mistook the Kings meaning which was that he might privately follow his own business And this he said was the true State and Condition when it pleased God to take unto his mercy his late most gracious Majesty Upon his Majesties coming to the Crown he said he wrote a most humble Letter unto his Majesty imploring his grace and goodness and desiring the Dukes mediation But he was pleased to answer by his Letter of 7 Maii 1625. That the resolution was to proceed against him without a plain and direct Confession of the Point which he had formerly required him to acknowledge and in a Courtly manner of menace telleth him That he would take the freedom to advise him to bethink himself in time what will be most for his good But in the interim his Majesty was graciously pleased that his Writ of Parliament should be sent him and thereupon he wrote unto the Duke of the receipt of the said Writ but that he should do nothing but what he should understand to be most agreeable to his Majesties pleasure Whereunto the Duke answered in his Letters of May in this manner I have acquainted his Majesty with your requests towards him touching your Summons to the Parliament which he taketh very well and would have you rather make excuse for your absence notwithstanding your Writ then to come your self in person Whereupon he sent humbly to desire a Letter of leave under his Majesties hand for his Warrant but in stead thereof he received from the L. Conway an absolute Prohibition and to restrain and confine him in such sort as he hath been in the late Kings time And although he was indeed absolutely set free he could never get cleared by the Lord Conway though he sent him all the Papers to examine and when he could make no further reply he said he conceived he was under restraint and that his liberty expired with the late Kings death when indeed Restraint may expire but Liberty is natural After this he continued for the space of three quarters of a year in the Country without moving in which time he was removed from those Places and Offices he held during his late Majesties life and the greatest part of his Estate being laid out in their Majesties service by their particular appointment he could never be admitted so much as to the clearing of Accompts Yet hereof he never made the least complaint But against the time of his Majesties Coronation he thought it fit to lay hold of that occasion when Princes do Acts of grace and favor to be a most humble Suitor to his Majesty for his grace and goodness and addressed his Letters unto the Duke of Buckingham from whom he received a Letter all written in his own hand and therein a Letter inclosed from his Majesty so different from some gracious Message which he had received from his Majesty since the said Earl returned into England upon the occasion of a great sickness and likewise from his speeches several times delivered to his Wife to wit That he had never offended him and that for his faults he no ways held them criminal but to be expiated by any easie acknowledgment That he confessed he knew not what judgment to make of the said Letter neither hath presumed hitherto to make any Answer thereto although by reducing the occasions of speeches and circumstances to his Majesties memory he no ways doubteth but he shall be able to give unto his Majesty such satisfaction to every particular as his Majesty would not remain with the least scruple in any one point After this he said that his Writ of Parliament was detained whereupon he addressed himself to the Lord Keeper that he would be a Suitor to his Majesty for him in that behalf which diligences not taking effect by Petition he became a Suitor to their Lordships for their Honorable mediation to his Majesty and thereupon his Writ of Parliament was awarded But the Duke of Buckingham upon that took occasion as he had published Copies of the said Letter over all the Kingdom to read it likewise in that Honorable House as was best known unto their Lordships and the Writ was accompanied with a Prohibition from the Loâ—d Keeper whereupon he addressed himself for Justice to that Honorable House being possessed of his Cause by his Petition for both redress of his own wrongs and likewise of Complaints against the Duke for many Crimes And that Honorable House being possessed of his Cause by his Petition there is preferred against him a succeeding Complaint amounting as high as Treason as it is pretended although he for divers years hath not been questioned yet since his Complaint against the Duke he hath been fetcht up like a Prisoner and brought into that House as a Delinquent And the Duke of whom he hath complained for his great Crimes is admitted still to sit in the House as one of his Judges The which with all that he hath formerly said together with his Life Fortunes and Honor he did with all willingness humility and duty submit to the Justice and Honor of that House Then the Lords asked him When he would bring in his Answer He promised to answer as soon as might be but knew not how far he should have occasion to use his antient Dispatches The Lord Keeper told him that Mr. Attorney might help him by letting him know it The Attorney said that his Charge should in nothing look further back then to the year 1621. Which he desired might be recorded Whereupon the Earl thanking their Lordships for their patience he was carried away by Mr. Maxwell the Gentleman-Usher in whose house and custody he remained Then were read the Earls Articles against the Duke and the Lord Conway viz. Articles of the Earl of Bristol whereby he chargeth the Duke of Buckingham bearing Date the First day of May 1626. I. THat the Duke of Buckingham did secretly combine with the Conde of Gondomar Ambassador for the King of Spain before
the Communion there were present One hundred persons some of them Brothers Kinsmen and near dependence upon some of their Lordships whom I see there in my eye This I did in Spain the like I did in Germany in the Emperors Courts in his Ambassage thither Fifthly I had in my several employments into Spain and Germany above Five hundred persons of all qualities attending upon me and never one perverted in Religion My Children carefully instructed and bred in the same Religion I had constantly every Sabbath a Sermon in my House and Sacraments and other exercises of our Religion frequented Sixthly A foul-mouthed Shimei railed against our late King and Religion in Spain how I caused that to be revenged by a near Kinsman of my own is well known Seventhly One of the English dying in the Town of Madrid of whose Religion there was some question made and the Kings Chaplains telling me that they at the day of his death had been with him and taken an accompt of his Faith and that he died a Protestant I caused him to be brought home to my House and there buried according to our Rites whereat much ado was made and it was threatned that the Inquisitors and other Officers would come and fetch him out and bury him after their manner I stood upon it and that it was the King of Englands House and openly protested that whosoever should come thither with such intent I would shoot at him with a Peece and exhorted all my people That if such an attempt should be they should rather then suffer such a dishonor to our Religion die with me in that quarrel and hoped such English as were in the Town would do the like Eighthly There having been a Monastery for English Jesuites founded and setled at Madrid before my coming thither and the English Arms set up I labored to suppress it and having written thereof to the late King his Majesty advised me not to run my Head against the Rock for it was an impossible thing for me to do Yet I undertook it and it pleased God so to bless my endeavors That I absolutely dissolved and overthrew it For which the Bishop of Winchester Montague now with God wrote unto me by his Majesties direction a Letter of his Majesties gratious acceptance of so great a Service telling me Besides the service I had done to the Church and Commonwealth it should remain a Trophy of Honor to me and my Posterity for ever And the King himself with his own hand wrote unto me beginning his Letter Good Fortune Digby your good luck in your Service well deserves that stile Ninethly In all Negotiations in Spain in point of Religion I ever straightned my Instructions Tenthly The Match with Spain was not moved by me I ever advised a Protestant Match and shewed many Reasons both of Conscience and State but if with a Catholick then rather with Spain then France so as good Conditions might be made for Religion as appears by a Letter I wrote and delivered to the Prince at his first going upon the employment for which I had like then to have been ruined for being a Puritan as I am now for being a Papist and all by one and the same hand Eleventhly And I appeal to the Testimony of Dr. Mason and Dr. Wren the Kings Chaplains with me in Spain and to Mr. Sampford Mr. Boswel and Mr. Frewen my own Chaplains there And that such Papists as have been my antient Acquaintance and Friends being men of worth well known to many of their Lordships may be examined upon Oath Whether I have not in all places as well in Spain as in England and at all times upon fit occasions avowed my self a Protestant without the lest prevarication Or whether I did ever any the least act that was not suitable to the same Profession And that Mr. Frewen Mr. Wake my own Chaplains may give their Testimonies whether in the time of several dangerous sicknesses which I had of late years faln into I have not in the time of such my sicknesses when no man can be supposed to dissemble with the World being ready to leave it made before them a Confession of my Faith and made my Peace with God resolving to die as besitted a Protestant and good Christian. This I tell your Lordships was my Religion I was bred in have ever professed and lived in and was resolved by Gods Grace to die in and yet was so unhappy by reason of employment to be distasteful to many good men that I have been suspected even by them not well knowing me And this hath been the rise the Duke hath now taken against me Then for my love to Spain I wonder from whence that opinion should grow since I was there hated and shamed as the man whom of all others they desired to have the least to do withal having stood ever stricter in point of Religion then by my Instructions I might have done as after the Capitulation concluded on they understood by some intelligence which caused their hatred towards me Sure I am I shewed it not by the service I did them for divers years together there was not a Letter sent by that King to any other State that the King my Master had not a Copy of before or by that time it came to the place whither it was directed There was not any great action on foot whereof I had not the private Instructions and sent them hither not any expedition by Sea or Land wherein I had not some Ministers or Intelligencers that gave me from time to time Advertisement of their Actions and most private Intentions whereof I advertised his Majesty from time to time I used such industry as to get all the Papers of that Kings private Cabinet into my hands took Copies and Notes of such of them as I thought useful and upon every of them set my private mark before they were conveyed back again to the end that if I should have had an occasion to have charged him with any thing mentioned in the same Papers I might have let him see I knew it by telling him in what Paper it was and marked with such a mark There was not a Port in Spain that I had not caused the depth of it to be sounded nor a Fort whereof I knew not the strength both for the Garison Munition and other matters of advantage and disadvantage insomuch as if it should please the King to appoint a Committee of the Lords to take accompt of me I should by the stores I gathered there and brought with me make it appear I was as useful a Servant to His Majesty in a War as in Peace Whereas at his Majesties coming out of Spain the powers for the Desponsories were to be deposited in some mans hands and the Duke upon pretence of doing me honor but intending to break my Neck by it moved they might be left with me and the King of Spain was contented and so they were put
into my hands not as an Attorney onely for the Prince But the King of Spain having taken the substitution of them by his Secretary of State entred in Legal form whereby that King was then become interessed in them by their occupation as well as the Prince by granting of them And becoming the Instrumentum stipulatum wherein they were both interessed they were deposited in my hands as an indifferent person trusted between the King of Spain and the Prince with a Declaration of the Trust. And now the Duke was returned out of Spain he plotted my ruine and put it in execution in this manner He concealed that the powers were to expire at Christmas and procured his Majesty to write a Letter not a direct Commandment but expressing a desire that the Desponsories should not be till one of the days in Christmas intending thereby to draw me into a Dilemma That if I proceeded in the Match this Letter should as now it is have been inforced against me as a breach of Instructions If I had not proceeded then I had broken my trust between the Prince and King of Spain overthrown the Marriage so long sought and labored it being the main scope of my Ambassage contrary to express Warrant and that upon a Letter I must needs know to be a mistake And when I had written into England to have a direct Warrant in the point the Duke then seeing that Plot would not take he dealt with divers great Lords as was well known to some of their Lordships there present to have me upon my arival in England committed to the Tower before I should ever come to speak with the King which the Spanish Ambassador here in England having gotten private notice of gave advertisement thereof to that King Who thereupon foreseeing my danger and consulting with his Council and Divines what were fit for him in Honor and Conscience to do in that Case they resolved That seeing my Sufferings grew by being an honest man and endeavoring to perform the trust reposed in me by that King as well as the Prince That King was bound both in Honor and Conscience not onely to preserve me from ruine but to make me a reparation for any loss I should sustain by occasion of the Trust Whereupon at his departure going to Court to take his leave the Conde de Olivares told me what was plotted against me in England and in respect of the danger by reason of the greatness of my Adversary pâ—rswaded me to stay there and in his Masters Name made an offer not in secret but in the presence of Sir Walter Aston Here he repeated those offers of Reward Honor and Preferment which we have mentioned before in order of time and at present pass it by he then proceeded and said Upon what grounds and hope came I to encounter with those dangers Not upon hope of my greatness in Court and strength of Friends there to bolster out an ill Cause no sure my strength was too weak and my adversaries too powerful But I knew my Conscience was clear and my Cause was good and trusted in God Almighty And to him now and to their Lordships judgments recommended my self and my Cause And then he delivered his Answer desiring their Lordships it might be after Recorded in Parchment that it might remain to posterity which being read by one of his Council the Lord Keeper asked him Whether he desired to say any more then he had done he answered That he had something more to say but knew not the order or whether Mr. Attorney would speak first but he being desired to speak He desired their Lordships he might put them in minde of what he conceived they had already promised which was That the Duke whom he accused in that House of far higher offences then any with which he was charged might be proceeded with as he was and that they might be upon equal Conditions And that such heads as he had delivered against the Duke being of such Matters as he met withal in his Negotiation as an Ambassador and which he had according to his duty acquainted the State withal might by their Lordships care and order be put into Legal form and prosecuted for so was the use when he had the honor to sit at the Council Table He said He conceived he had already done his part to inform and would be ready to make it good it concerning their Lordships to see it prosecuted it not being to be expected that he should solicit it or if he would he could not being under restraint And he desired likewise that the Judges might deliver their opinions Whether the matter charged against him were Treason that if it should not so be in their opinions he might not lie under so heavy a burthen He put their Lordships in minde that it was a strange manner of proceeding that upon a displeasure a Peer of the Kingdom complaining of those that had practised against him and had been the causers of his Sufferings should then and never but then be charged with Treason He told them it was not his case alone but it equally concerned them and their Posterity and it might be some others hereafter more then him now For he said he thanked God he had some experience in the World and thereby and by those things he had kept was able to make his innocency appear which perhaps would not be every mans hereafter and so many an honest heart in a good cause distracted with fears and abandoned of Friends might perish through the malice of a potent Adversary The Lords again asked him whether he had any thing more to say he answered No but desired leave onely to explain himself in two things one in his Speech now spoken and the other when he was first brought to the House That in his Speech this day was where he affirmed he had like to have been ruined in his Negotiation First For being a Puritan and now for being a Papist and both by one hand he explained it to be by the hand of the Duke of Buckingham And the other when he first came to the House saying there For Redress of former sufferings and meeting on the sudden with Treason charged upon him he spake in Passion expressing the Wrongs and Injuries done him by the Duke and told their Lordships he had used means to convey part of his Sufferings to the late King his Master who in the Dukes hearing sware he would after he had heard the Duke against him hear him also against the Duke for which his Majesty suffered much or to some such purpose Now he understandeth this Speech to reflect upon what was in Agitation in the Lower House but he said although he could not well excuse the Dukes indiscretion in that point yet he spake it not any ways to corroborate that opinion For howsoever the Duke were his enemy yet he could not think so dishonorably of him The Answer of the Earl of Bristol to
and broken the said Trust therewith committed unto him And hath not according to his said Offices during the time aforesaid safely kept the said Seas insomuch that by reason of his neglect and default therein not onely the trade and strength of this Kingdom of England hath been during the said time much decayed but the same Seas also have been during the same time ignominiously infested by Pirates and Enemies to the loss both of very many Ships and Goods and of many of the Subjects of our Soveraign Lord the King and the Dominion of the said Seas being the antient and undoubted Patrimony of the Kings of England is thereby also in most eminent danger to be utterly lost V. Whereas about Michaelmas last past a Ship called the St Peter of Newhaven whereof Iohn Mallerow was Master laden with divers Goods Merchandise Monies Jewels and Commodities to the value of Forty thousand pounds or thereabouts for the proper accompt of Monsieur de Villieurs the then Governor of Newhaven and other Subjects of the French King being in perfect Amity and League with our Soveraign Lord the King was taken at Sea by some of the Ships of his Majesties late Fleet set forth under the command of the said Duke as well by direction from him the said Duke as great Admiral of England as by the Authority of the extraordinary Commission which he then had for the command of the said Fleet and was by them together with her said goods and lading brought into the Port at Plymouth as a prize among many others upon probabilities that the said Ship or Goods belonged to the Subjects of the King of Spain And that divers parcels of the said goods and lading were there taken out of the said Ship of St Peter that is to say Sixteen Barrels of Cocheneal Eight Bags of Gold Twenty three Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold Jewels Monies and Commodities to the value of Twenty thousand pounds or thereabouts and by the said Duke were delivered into the private custody of one Gabriel Marsh servant to the said Duke and that the said Ship with the residue of her goods and lading was from thence sent up into the River of Thames and there detained whereupon there was an arrest at Newhaven in the Kingdom of France on the seventh day of December last of two English Merchants Ships trading thither as was alleadged in certain Petitions exhibited by some English Merchants trading into France to the Lords and others of his Majesties most honorable Privy-Council after which that is to say on the 28 day of the said moneth his Majesty was pleased to order with the advice of his Privy-Council that the said Ship and Goods belonging to the Sucjects of the French King should be redelivered to such as should re-claim them and accordingly intimation was given unto his Majesties Advocate in the chief Court of Admiralty by the right honorable Sir Io. Cook Knight one of his Majesties principal Secretaries of State for the freeing and discharging of the said Ship and Goods in the said Court of Admiralty And afterwards that is to say on the Six and twentieth of Ianuary last it was decreed in the said Court by the Judge thereof with the consent of the said Advocate That the said Ship with whatsoever Goods so seised or taken in her Except Three hundred Mexico Hides Sixteen Sacks of Ginger one Box of gilded Beads Five Sacks of Ginger more mentioned in the said Decree should be clearly released from further detention and delivered to the Master and thereupon under Seal a Commission was in that behalf duty sent out of the said Court to Sir Allen Appesly Sir Iohn Worstenholme and others for the due execution thereof The said Duke notwithstanding the said Order Commission and Decree detained still to his own use the said Gold Silver Pearls Emeralds Jewels Monies and Commodities so taken out of the said Ship as aforesaid And for his own singular avail and covetousness on the sixth day of February last having no information of any new proof without any legal proceeding by colour of his said Office unjustly caused the said ship and goods to be again arrested and detained in publick violation and contempt of the Laws and Justice of this Land to the great disturbance of Trade and prejudice of the Merchants These were enlarged by Mr Selden who said That by nature of his Office the Duke as Admiral ought to have guarded the Seas By his Patent he is made Magnus Admirallus Angliae Hiberniae Walliae Normaniae Aquitaniae Villae Calesij Marchiarum ejusdem praefectus generalis classium Marium dictorum regnorum The Seas of England and Ireland are committed to the Admiral as a part of the Demesne and Possessions of the Crown of England not as if he should thereby have Jurisdiction onely as in case of the Admirals in France or Spain The State of Genoa Catalonia and other Maritine parts of Spain the Sea-Towns of Almain Zeland Holland Friezland Denmark Norway and divers other parts of the Empire shew That the Kings of England by reason that their said Realm hath used time out of minde to be in peaceable possession are Lords of the Seas of England and of the Islands belonging to them And though Grotius that Hollander wrote of purpose to destroy all Dominion in the East-Ocean yet he speaks nothing against the Dominion of our English Seas howsoever he hath been misapprehended but expressly elsewhere saith Meta Britanicis littora sunt oris the utmost limits of the Demesne of the Crown of England are the Shores of the neighbouring Countries the whole Sea or the Territorium maximum that intervenes being parcel of the possession of the Crown the keeping and safe-guard of these committed to the Lord Admiral by the name of the Praefectus Marium Admirallus being but the same anciently Before the use of the word Admiral came in which was under Edw. 1. the Admirals had the Titles of Custodes Maris And this Praefectura or Custodia or Office of safe-guarding the Seas binds him to all care and perpetual observance of whatsoever conduceth to that safe-guard as in Custos sigilli Custos Marchiarum Custos portium custos comitatuum agreeable to the practice of former times 1. In certifying yearly to the King and his Council the many Forces both of the Kings ships and ships of Merchants the names of the owners the number of Marriners c. That the King and his Council may always know his force by Sea 2. In shewing wants of ships c. for the safe-guarding of the Seas with the Estimates of the Supply that so they might be procured In personal attendance upon the service of guarding the Seas upon all occasions of weight In 7 H. 4. Nich. Blackborn and Rich. Cliderowe one of the Knights of Kent were made Admirals for keeping the Seas upon consideration had of it in Parliament and
their Lordships as followeth YOur Lordships may have observed how in handling the former Articles I have in my Discourse used the method of time which I hold to be best for the discovery of the truth I shall therefore by your Lordships patience whereof now I have had some good experience use the like order in my enlargment upon these later Articles touching which that which I have to say is thus In or about the Two and twentieth year of the reign of our late dear Soveraign Lord King Iames of famous memory there being then a Treaty between our said late Soveraign and the French King for a Marriage to be had between our then most Noble Prince now our most gratious King and the French Kings Sister our now Queen and for entring into an Active War against the King of Spain and his Allies in Italy and the Valtoline Our said late Soveraign passed some promise to the French Kings Ambassador here the Marquess D' Effiat for procuring or lending some Ships to be employed by the French in that Service upon reasonable conditions but without thought or intent that they should be employed against the Rochellers or any others of our Religion in France For it was pretended by the French Kings Ministers to our King That the said Ships should be employed particularly against Genoa and not otherwise But afterwards some matter of Suspition breaking forth from those of our Religion in France that the Design for Italy was but a pretence to make the Body of an Army fall upon the Rochellers or other of our Religion in that Kingdom the King grew so cautious in his Conditions that as he would perform his promise to lend his Ships so to preserve those of our Religion he contracted or gave directions that the greater part of the Men in the same Ships should be English whereby the power of them should be ever in his hands And the Duke of Buckingham then and yet Lord Great Admiral of England well knowing all this to be true pretended he was and would be very careful and proceed with art to keep the said Ships in the hands of our King and upon our own Coasts and yet nevertheless under hand he unduly intended practised and endeavored the contrary For afterwards by his direction or procurement in or about the Two and twentieth year aforesaid a Ship of his Majesties called the Vantguard being of his Majesties Royal Navy was allotted and appointed to be made ready for the service of the French King and seven other Merchants Ships of great burthen and strength belonging to several persons Natural Subjects of our said late Soveraign Lord were by the Dukes direction impressed as for the service of his said late Majesty and willed to make themselves ready accordingly The Names and Tunage of the said Seven Merchants Ships were as followeth 1. The Great Neptune whereof Sir Ferdinando Gorge was Captain 2. The Industry of the burthen of Four hundred and fifty Tuns whereof Iames Moyer was Captain 3. The Pearl of Five and forty Tuns Anthony Tench was Captain 4. The Marigold of Three hundred Tuns Thomas Davies Captain 5. The Loyalty of Three hundred Tuns Iasper Dare Captain 6. The Peter and Iohn of Three hundred and fifty Tuns Iohn Davies Captain 7. The Gift of God of Three hundred Tuns Henry Lewen Captain Also about the same time a Contract was made by and between Sir Iohn Cooke and other the Commissioners of his Majesties Navy as on behalf of his Majesty for his said Ship the Vantguard and on behalf of the Captains Masters and Owners of the said Seven Merchants Ships but without their privity or direction for the service of the French King upon conditions to be safe and reasonable for our King this Realm and State as also for the said Captains Masters and Owners of the said seven Merchants Ships and for the Companies For Sir Iohn Cooke drew the Instructions for the Direction of the said Contract which Instructions passed and were allowed by the King and such of the Council as were made acquainted therewith and used in this business In which Instructions as Sir Iohn Cooke hath since alleaged in the House of Commons there was care taken for provision to be made that the said Ship of his Majesty called Vantguard should not serve against the City or Inhabitants of Rochel or those of the Religion in France nor take into her more men of the French then she could from time to time be well able to command and master But whether the Instructions for the Merchants Ships and the Kings said Ship were all one is not yet cleared unto the Commons howbeit it appeareth not but that the intent of our King and State was to be a like careful for both Nevertheless a Form of Articles dated the Five and twentieth day of March in the Three and twentieth year of his said late Majesties raign was prepared ingrossed and made ready to be sealed without the knowledge of the Captains Masters and Owners of the said Merchants Ships between the said Marquess D' Effiat the Ambassador on the one part and the several Owners of the said Merchants Ships respectively on the other part viz. A several Writing or Instrument for every of the said Ships respectively whereby amongst other things as by the same appeareth it was covenanted and agreed by and on the part and behalf of the owners to and with the said Marquess D' Effiat to this effect namely 1. That their said Ships respectively with a certain number of men for every of them limitted with Ordnance Munition and other necessaries should be ready for the French Kings service the Thirteenth of April then next following 2. That they should go on in that Service under a French General to be as Captain in every of the said Merchants Ships respectively of the appointment of the French King or his Ambassador 3. That they should serve the French King against any whomsoever but the King of Great Britain 4. That they should take in as many Soldiers into their said several Ships as they could stow or carry besides their Victual and Apparel 5. That they should continue six moneths or longer in the Service so that the whole time did not exceed eighteen moneths 6. That they should permit the French to have the absolute Command of their Ships for Fights and Voyages And it was amongst the said Articles besides other things Covenanted and agreed by the said Marquess D' Effiat as for and on the behalf of the French King to this effectly namely I. That there should be paid to every owner a moneths freight in hand after the rate agreed on and freight for two moneths more after the same rate within Fifteen days after the date of the Articles the computation of the moneths to begin from the 28 of March II. And that the Ships should be ready in a certain form prescribed at the end of the Service When all things were in a
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
his Covetousness and therefore their Lordships need not wonder if the Commons desire and that earnestly to be delivered from such a Grievance That this complaint and proceedings of theirs may appear to be suitable to the proceedings of their Predecessors in like Cases he alleaged three Presidents which he said were Presidents in kinde but not in proportion because there hath never been the like The first 10 Rich. 2. in the Complaint against Michael de la Pool Earl of Suffolk out of which he took Three Articles the first That being Chancellor and sworn to the Kings profit he had purchased divers Lands from the King more then he had deserved and at an under rate yet this was thought to be an offence against the State The second That he had bought of one Tydman an Annuity of Five hundred pound per annum which Grant was void by the Laws yet he being Chancellor procured the King to make it good by a new Grant upon Surrender of the old This was complained of in Parliament and there punished The third Whereas the Master of St. Anthonies being a Schismatick had forfeited his Possessions into the Kings hand this Earl took them in Farm at Twenty Marks a year converting the overplus which was One thousand Marks to his own profit which should have come to the King The next President II Rich. 2. in the Judgment against Robert de Vere of Oxford and others out of which he took two Articles the Fifth and the Seventh The Fifth was for taking Mannors and Lands annexed to the Crown whereby they themselves were inriched and the King made poor the Seventh was for intercepting the Subsidies granted for the defence of the Kingdom The third President is that of 28 Hen. 6. in the Parliament Roll out of the Complaint against William de la Pool Duke of Suffolk Article 29. That he being next and primest of Council to the King he had procured him to grant great Possessions to divers persons whereby the King was much impoverished the expence of his House unpaid Wages Wardrobe Castles Navy Debts unsatisfied and so by his subtile Council and unprofitable Labor the Revenues of the Crown and the Dutchy of Lancaster and other the Kings Inheritances so much diminished and the Commons of the Kingdom so extreamly charged that it was near to a final destruction The fourth was That the Kings Treasure was mischievously distributed to himself his friends and well-willers so that for lack of Money no Army nor Ordnance could be provided in time and because these great persons were not brought to judgment upon these Articles alone but for other misdemeanors he made this observation That ravening upon the Kings Estate is always accounted with other great faults that deserve judgment Then he said he had done with that which had been left to him and so he left the Duke to their Lordships Justice That as he had exceeded others in this Offence so he might not come behinde them in punishment And so he humbly desired their Lordships to be pleased to pardon his Delivery and to give a favorable censure of him Lastly The Thirteenth Article was read XIII Whereas especial care and order hath been taken by the Laws of the Realm to restrain and prevent the unskilful Administration of Physick whereby the health and life of men may be much endangered And whereas most especially the Royal Persons of the Kings of the Realm in whom we their Loyal Subjects humbly challenge a great interest are and always have been esteemed by us so sacred that nothing ought to be prepared for them or administred unto them in the way of Physick or Dyet in the times of their sickness without the consent and direction of some of their sworn Physitians Apothecaries or Surgeons And the boldness of such how near soever to them in place and favor who have forgotten their Duties so far as to presume to offer any thing unto them beyond their experience hath been always ranked in the number of high Offences and Misdemeanors And whereas the sworn Physitians of our late Soveraign Lord King Iames of Blessed memory attending on his Majesty in the moneth of March in the Two and twentieth year of his most glorious Raign in the times of his sickness being an Ague did in due and necessary care of and for the recovery of his health and preservation of his Person upon and after several mature Consultations in that behalf had and holden at several times in the same moneth resolve and give directions That nothing should be applied or given unto his Highness by way of Physick or Dyet during his said sickness but by and upon their general advice and consents and after good deliberation thereof first had more especially by their like care and upon like consultations did justly resolve and publickly give warning to and for all the Gentlemen and other Servants and Officers of his said late Majesties Bed-chamber That no Meat nor Drink whatsoever should be given unto him within two or three hours next before the usual time of and for the coming of his Fit in the said Ague nor during the continuance thereof nor afterwards until his cold Fit were past The said Duke of Buckingham being a sworn Servant of his said late Majesty of and in his Majesties said Bed-chamber contrary to his duty and the tender respect which he ought to have had of his Majesties most Sacred Person and after the Consultations Resolutions Directions and Warning aforesaid did nevertheless without any sufficient warrant in that behalf unduly cause and procure certain Plaisters and a certain Drink or Potion to be provided for the use of his said Majesty without the direction or privity of his said late Majesties Physitians not prepared by any of his Majesties sworn Apothecaries or Chirurgeons but compounded of several ingredients to them unknown Notwithstanding the same Plaisters or some Plaister like thereunto having been formerly administred unto his said Majesty did produce such ill effects as that some of the said sworn Physitians did altogether disallow thereof and utterly refused to meddle any further with his said Majesty until these Plaisters were removed as being hurtful and prejudicial to the health of his Majesty yet nevertheless the same Plaisters as also a Drink or Potion was provided by him the said Duke which he the said Duke by colour of some insufficient and slight pretences did upon Monday the One and twentieth day of March in the Two and twentieth year aforesaid when his Majesty by the judgment of his said Physitians was in the declination of his Disease cause and procure the said Plaisters to be applied to the Brest and Wrists of his said late Majesty And then also at and in his Majesties Fit of the said Ague the said Munday and at several times within two hours before the coming of the same Fit and before his Majesties then cold Fit was passed did deliver and cause to be delivered several quantities of the
adding but one The Regality of our Narrow Seas the Antient Inheritance of our Princes lost or impeached This I need not further to press but from hence my Observation must descend to his other Virtues and that by way of Perspective I shall give it so near and short as rather to exercise your Lordships Memory then to oppress your patience First I propose unto your Lordships the inward Character of the Dukes minde which is full of Collusion and Deceipt I can express it no better then by the Beast called by the Antients Stellionatus a Beast so blur'd so spotted so full of foul lines that they knew not what to make of it So do we finde in this mans practice who first inveagled the Merchants drawing them to Deep to be inchralled then dealt deceitfully with the King to colour his Offences his design being against Rochel and the Religion Next with the Parliament to disguise his Actions a practice no less dangerous and disadvantageous to us then prejudicial to our Friends and Allies Next I present to your Lordships the Dukes high oppression and that of strange latitude and extent not to Men alone but to Laws and Statutes to Acts of Council to Pleas and Decrees of Court to the pleasure of his Majesty all must stoop to him if they oppose or stand in his way This hath been expressed unto you in the Ship called the St. Peter and those of Deep nay he draws on the colour of his Majesties great Name to shadow his design It had been his duty nay the trust of his place not to have translated them into the hands of strangers that had his Majesty yeilded in that point the Duke should have opposed it by his continual Prayers and Intercessions making known unto his Majesty the Inconveniencies likely to ensue and not to rest there but to have reported it to your Lordships sitting in Council to have desired and prayed your aid and assistance in a matter of so great importance And if this had failed he should have entered into a Protestation against it This hath been done by worthy Predecessors in that Office and this had been the worthy discharge of the great trust reposed in his place I heard the Ships were returned but I know it not but if I knew so this neither excuseth nor qualifieth the Dukes offence The French in this case are to be commended not he excused he left them in the hands of a Foreign Power who when they once had them for any thing he knew might easily have kept them The third head is The Dukes extortion in exacting from the East-India Company without right or colour Ten thousand pounds exquisitely expressed and Mathematically observed by the Gentleman you know by whom employed who by his Marine experience learned this Observation That if the Fleet gained not the wind by such time at the Cape the Voyage was lost Here one of the Lords interposing privately It was the King that employed him Sir Iohn Elliot in the Name of the Commons makes this Protestation Far be it from them to lay any Odium or Aspersion on his Majesties Name they hold his Honor spotless nor the least shadow of blemish can fix upon him in this business Next to foul Extortion is Bribery and Corruption in the Sale of Honor and Offices of Command That which was wont to be the crown of Vertue and Merit is now become a merchandise for the greatness of this man and Justice it self made a prey unto him All which particulars your Lordships have heard opened and enforced with Reasons and Proofs what in themselves they are and therefore I spare further to press them In the fifth place I observe a wonder in Policy and in Nature how this man so notorious in evil so dangerous to the State in his immense greatness is able to subsist of himself and keep a Being To this I answer That the Duke hath used the help of art to prop him up It was apparent That by his skill he hath raised a party in the Court a party in the Country and a main party in the cheif places of Government in the Kingdom So that all the most deserving Offices that require Abilities to discharge them are fixed upon the Duke his Allies and Kinred And thus he hath drawn to him and his the Power of Justice the Power of Honor and the Power of Command and in effect the whole Power of the Kingdom both for Peace and War to strengthen his Allies and in setting up himself hath set upon the Kingdoms Revenues the Fountain of Supply and the Nerves of the Land He intercepts consumes and exhausts the Revenues of the Crown not onely to satisfie his own lustful desires but the Luxury of others and by emptying the Veins the Blood should run in he hath cast the Body of the Kingdom into a high Consumption Infinite sums of Money and mass of Land exceeding the value of Money Contributions in Parliament have been heaped upon him and how have they been employed Upon costly Furniture sumptuous Feasting and magnificent Building the visible evidences of the express exhausting of the State and yet his Ambition which is boundless resteth not here but like a violent flame bursteth forth and getteth further scope Not satisfied with injuries and injustice and dishonoring of Religion his attempts go higher to the prejudice of his Soveraign which is plain in his practice The effects I fear to speak and fear to think I end this passage as Cicero did in a like case Ne gravioribus utar verbis quam rei natura fert aut levioribus quam causae necessitas postulat Your Lordships have an Idea of the Man what he is in himself what in his affections You have seen his power and some I fear have felt it you have known his practice and have heard the effects It rests then to be considered what being such he is in reference to the King and State how compatible or incompatible with either In reference to the King he may be stiled the Canker in his Treasure in reference to the State the Moth of all goodness What future hopes are to be expected your Lordships may draw out of his Actions and Affections I will now see by comparison with others to what we may finde him likened I can hardly finde him a match or parallel in all Presidents none so like him as Sejanus who is thus described by Tacitus Audax sui obtegens in alios criminator juxta adulator superbus To say nothing of his Veneries if you please to compare them you shall easily discern wherein they vary such boldness of the one hath lately been presented before you as very seldom or never hath been seen For his secret Intentions and Calumniations I wish this Parliament had not felt them nor the other before For his Pride and Flattery it is noted of Sejanus that he did Clientes suos Provinciis adornare Doth not this Man the like Ask England
Scotland and Ireland and they will tell you Sejanus pride was so excessive as Tacitus saith he neglected all Councel mixed his businesses and service with the Prince seeming to confound their Actions and was often stiled Imperatoris laborum socius How lately and how often hath this Man commixed his Actions in Discourses with ACtions of the Kings My Lords I have done you see the Man onely this which was conceived by the Knights Citizens and Burgesses should be boldly by me spoken That by him came all these evils in him we finde the Cause and on him we expect the Remedies and to this we met your Lordships in Conference to which as your Wisdom invites us so we cannot doubt but in your Lordships Wisdom Greatness and Power we shall in due time finde Judgment as he deserves I conclude by presenting to your Lordships the particular Censure of the Bishop of Ely reported in the 11 Rich. 1. and to give you a short view of his faults He was first of all noted to be Luxurious secondly He married his own Kinred to Personages of highest rank and places thirdly No mans business was done without his help fourthly He would not suffer the Kings Council to advise in Matters of State fifthly He grew to such a height of Pride that no man was thought worthy to speak unto him and lastly His Castles and Forts of Trust he did obscuris ignotis hominibus tradere his doom was this Per totam insulam publicè proclamatur periat qui perdere cuncta festinat opprimatur ne omnes opprimat Sir Dudley Diggs having made the Prologuâ— and Sir Iohn Elliot the Epilogue in the Impeachment of the Duke they were both by the Kings Command committed to the Tower Upon the Impeachment of the Duke a Paper was privately conveyed to the King importing THat this great opposition against the Duke was stirred up and maintained by such as seek the destruction of this free Monarchy Because they finde it not yet ripe to attempt against the King himself they endeavor it through the sides of the Duke The persons agreeing in this one mischeif are of divers sorts and humors First Medling and busie persons who love popular Speeches Secondly Govetous Landlords Inclosers Depopulators c. who being of the Parliament ease themselves in Subsidies and lay it on the true Commons and cry out the grievances are caused by the Duke Thirdly Recusants who hate the Duke for the breach of the Spanish Match Fourthly Persons indebted who by priviledge of Parliament avoid payment Fifthly Puritans and Sectaries though two of them scarcely agree in what they would have Haters of Government and would have the Kings power extinguished in matters Ecclesiastical and limited in Civil Sixtly Male-contents who look upon the Duke with an evil eye because themselves are not preferred Seventhly Lawyers who are very fit in Parliaments to second any Complaint against â—oth Church and King and all his Servants with their Customs Antiquities Records Statutes Presidents and Stories Eighthly Merchants and Citizens who deceive the King of Custom Ninethly Innovators Plebicolae That since the time of Henry the Sixth these Parliamentary discoursings might never be suffered as being but certain symptomes of Subsequent Rebellions Civil Wars and the dethroning of our King and no one Patriot daring to oppose them least he incur the reputation of a Fool or Coward in his Countreys Cause His Majesty therefore strengthned himself ever with some Favorite as whom he might better trust then many of the Nobility tainted with this desire of Oligarchy It behoveth without doubt his Majesty to uphold the Duke against them who if he be but decourted it will be the Corner Stone on which the demolishing of his Monarchy will be builded For if they prevail with this they have hatched a thousand other demands to pull the Feathers of Royalty They will appoint him Counsellors Servants Alliances Limits of Expences and accompt of his Revenue cheifly if they can they will now dazle him in the beginning of his raign Lastly King James and King Charls are the Dukes Accusers in all the Aspersions that are laid upon him King James for the Money destined for the Wars in his time spent in Treaties c. And his Majesty can testifie for the things done in his time And all these though actions of the King are imputed to the Duke Who if he suffer for obeying his Soveraign the next attempt will be to call the King to accompt for any thing he undertakes which doth not prosperously succeed as all men would desire it If it please his Majesty to remove and set aside all these disadvantages he shall find the Charge against the Duke very empty and of small moment And if his Majesty and the Dukes Grace think it no impeachment to their Honors all that the Parliament hath objected against the Duke except two or three things that may receive an Answer is pardoned at the Kings Coronation which benefit every poor Subject enjoyeth May 11. The King came to the Parliament and spake to the House of Peers as followeth My Lords THe cause and onely cause of my coming to you this day is to express the sense I have of all your Honors for he that toucheth any of you toucheth me in a very great measure I have thought fit to take order for the punishing some insolent speeches lately spoken I have been too remiss heretofore in punishing such speeches as concern my self Not that I was greedy of their monies but that Buckingham through his importunity would not suffer me to take notice of them lest he might be thought to have set me on and that he might come the forwarder to his Trial. And to approve his innocencie as touching the matters against him I my self can be a Witness to clear him in every one of them I speak not this to take any thing out of your hands but to shew the reason why I have not hitherto punished those insolent speeches against my self And now I hope you will be as tender of my Honor when time shall serve as I have been sensible of yours And so his Majesty was pleased to depart The same day this following Message was brought from the Commons to the Lords by Sir Nathanael Rich. THe Commons taking into serious consideration the many mischiefs and inconveniences which this renowned Kingdom doth now suffer threatening apparent danger to the King and Common-wealth have by search and disquisition into the Causes thereof found that they do principally flow from the exorbitant power and abusive carriage of the Duke of Buckingham whereof he hath this Parliament béen impeached before their Lordships by the Commons besides an accusation of a Péer in their own House who hath charged him as they are informed of High Treason They therefore with one voice make an entire Declaration That they hold it a thing of dangerous Consequence both for the present and future times that a man of so
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
of himself came to the Duke and earnestly moved him to undertake the place The Duke apprehending the weight of the place and considering his yong years and want of experience to manage so great a charge gave no ear unto it but excused it not for form but really and ingenuously out of the apprehension of his then unfitness for it This Gentleman not thus satisfied without the Duke applied himself to the late King and moved his Majesty therein and offered Reasons for it That the Duke was the fittest man at that time and as the State of the Navy then stood for that place for he said it was then a time of peace That the best service that could be done for the present was to repair the Navy and Ships Royal which then were much in decay and to retrench the Kings charge and to employ it effectually and that before there was like to be personal use of service otherwise the Duke being yong and active might gain experience and make himself as fit as any other and that in the mean time none was so fit as himself having the opportunity of his Majesties Favor and Means to his Person to procure a constant assignment and payment of moneys for the Navy the want whereof was the greatest cause of the former defects These Reasons perswaded his late Majesty and upon his Majesties own motion perswaded the Duke to take the charge upon him And thereupon the Earl voluntarily freely and willingly and upon his own earnest and often suit surrendred the place without any President Contract or Promise whatsoever which might render the Duke in the least degree subject to the danger of the Law which was not then so much as once thought upon and upon that Surrender the Grant was made to the Duke But it is true That his Majesty out of his Royal bounty for recompence of the long and faithful service of the said Earl and for an honorable memory of his deserts to him and the Crown of England did grant him a Pension of One thousand pounds per annum for his life which in all Ages hath been the Royal way of Princes wherewith to reward antient and well-deserving Servants in their elder years when without their own faults they are become less serviceable to the State And the Duke also voluntarily and freely and as an argument of his noble respect towards so honorable a Predecessor whom to his death he called Father whose Estate â—s he then understood with his late Majesties privity and approbation did send him Three thousand pounds in money which he hopeth no person of worth and honor will esteem to be an act worthy of blame in him And when the Duke had thus obtained this place of great trust he was so careful of his duty that he would not relie upon his judgment or ability but of himself humbly besought his then Majesty to settle a Commission of fit and able persons for the Affairs of the Navy by whose Council and assistance he might manage that weighty business with the best advantage for his Majesties service which Commission was granted and yet continueth and without the advice of those Commissioners he hath never done any thing of moment and by their advice and industry he hath thus husbanded the Kings money and furthered the service that where before the ordinary charge of the Navy was Fifty four thousand pounds per annum and yet the Ships were very much decayed and their Provisions neglected the charge was returned to Thirty thousand pounds per annum and with that charge the Ships all repaired and made serviceable and two new Ships builded yearly and for the two last years when there were no new Ships built the ordinary charge was reduced to Twenty one thousand six hundred pounds per annum And now he dare boldly affirm that his Majesties Navy is in better state by much then ever it was in any precedent time whatsoever For his buying the Wardenship of the Cinque Ports he maketh this plain ingenuous and true Answer That in December in the Two and twentieth year of his late Majesties Raign he obtained the Office of Lord Warden of the Cinque Ports and Constable of the Castle of Dover being one entire Office upon the Surrender of the Lord Zouch then Lord Warden The manner of obtaining whereof was thus The Lord Zouch being grown in years and with his almost continual lameness being grown less fit for that place he discovered a willingness to leave it and made several offers thereof to the Duke of Richmond and Richard Earl of Dorset deceased but he was not willing to part with it without recompence Notice whereof coming to the Duke by an offer made from the Lord Zouch he finding by experience how much and how many ways both the Kings service might and many times did suffer and how many inconveniences did arise to the Kings Subjects in their Goods Ships and Lives by the intermixture of the Jurisdictions of the Admiralty and Wardenship of the Cinque Ports by the emulation disaffection and contention of their Officers as clearly appear by these particulars amongst many others which may be instanced 1. Where the Admiral-Jurisdiction extends generally to all the Narrow Seas the Warden of the Cinque Ports hath and exerciseth Admiral-Jurisdiction on all the Sea Coasts from Show-Beacon in Essex to the Red Noor in Sussex and within those Limits there have been continual differences between the Lord Admiral and the Lord Warden whether the Lord Wardens Jurisdiction extends into the main Sea or onely as far as the low Water Mark and so much further into the Sea as a man on Horsback can reach with a Launce which occasioneth Questions between those cheif Officers themselves 2. There are many and continual differences in executing of Warrants against offenders the Officers of the one refusing to obey or assist the Authority of the other whereby the offenders protected or countenanced by either easily escapeth 3. Merchants and Owners of Goods questioned in the Admiralty are often enforced to sue in both Courts and often enforced for their peace to compound with both Officers 4. The Kings service is much hindred for the most usual and ordinary Rendevouz of the Kings Ships being at the Downs and that being within the Jurisdiction of the Lord Warden the Lord Admiral or Captains of the Kings Ships have no Power or Warrant to press men from the shore if the Kings Ships be in distress 5. When the Kings Ships or others be in danger on the Goodwins and other places within the view of the Portsmen they have refused to help with their Boats lest the Kings Ships should command them on board whereby many Ships have perished and much Goods have been lost 6. When Warrants come to press a Ship at Road for the Kings service the Officers take occasion to disobey the Warrants and prejudice the Kings service For if the Warrant come from the Lord Warden they will pretend
hurt but there hath been that provision taken by his Majesty not without the care of the Duke both by force and treaty to repress them for the time to come as will give good satisfaction All which he is assured will clearly appear upon proof To this Article the Duke maketh this Answer That about September last this Ship called the St. Peter amongst divers others was seised on as lawful prize by his Majesties Ships and brought into Plimouth as Ships laden by the Subjects of the King of Spain in the end of October or beginning of November they were all brought to the Tower of London all of them were there unladen but the Peter and the bulk of her Goods was not stirred because they were challenged by the Subjects of the French King and there did not then appear so much proof against her and the goods in her as against the rest About the middle of November Allegations were generally put in against them all in the Admiralty Court to justifie the seisure and all the Pretendants were called in upon these proceedings divers of the Ships and Goods were condemned and divers were released in a legal course and others of them were in suspence till full proof made The Eight and twentieth day of December complaint was made on the behalf of some Frenchmen at the Council-Board concerning this Ship and others when the King by Advice of his Council his Majesty being present in person did order that the Ship of Newhaven called the Peter and the Goods in her and all such other Goods of the other prizes as should be found to appertain to his Majesties own Subjects or to the Subjects of his good Brother the French King or the States of the United Provinces or any other Princes or States in Friendship or Alliance with his Majesty should be delivered But this was not absolute as is supposed by the Charge but was thus qualified so as they were not fraudulently coloured and it was referred to a judicial proceeding According to this just and honorable Direction the Kings Advocate proceeded upon the general Allegations formerly put in the 26 of Ianuary after there was a Sentence in the Admiralty that the Peter should be discharged and the Kings Advocate not having then any knowledge of further proof consented to it But this was not a Definitive Sentence but a Sentence Interlocutory as it is termed in that Court. Within few days after this Ship prepared her self to be gone and was falling down the River then came new intelligence to the Lord Admiral by the Lieutenant of the Tower That all those Ships were laden by the Subjects of the King of Spain that the Amirantasco wasted them beyond the North Cape that they were but coloured by Frenchmen that there were Witnesses ready to make good this new Allegation neither was it improbable to be so for part of the Goods in that Ship have been confessed to be lawful prize This Ship being now falling down the River and being a Ship of the most value of all the rest the Duke acquainted the King therewith and by his commandment made stay of the Ship lest otherwise it would be too late which the Duke in the duty of his place of Admiral as he believeth ought to have done without such command And if he had not done so he might worthily have been blamed for his negligence and then instantly he sent for the Judge of the Admiralty to be informed from him how far the Sentence already past did binde and whether it might stand with Justice to make stay of her again she being once discharged in such manner as before The Judge answered As he was advised that it might justly be done upon better proofs appearing yet discreetly in a matter of that moment he took time to give a resolute answer That in the interim he might review the Acts which had passed The next day or very shortly after the Judge came again to the Duke and upon Advice answered resolutely That the Ship and the Goods might justly be stayed if the proofs fell out to be answerable to the Information given whereof he said he could not judge till he had seen the Depositions And according to this resolution of the Judge did five other Learned Advocates besides the Kings Advocate concur in opinion being intreated by the Duke to advise thereof so cautious was the Duke not to do any unjust act Then he acquainted the King again therewith and his Majesty commanded him to reseize this Ship and to proceed judicially to the proofs and the Duke often required the Kings Advocate to hasten the examination of the Witnesses and many Witnesses were produced and examined in pursuance of this new Information But the French Merchants impatient of any delay complained again to the Council-Board where it was ordered not barely That the Ship and Goods should be presently delivered but should be delivered upon security and upon security she had been then delivered if it had been given and security was once offered but afterwards retracted And when all the Witnesses produced were examined and published the Kings Advocate having duly considered of them forthwith acquainted the Duke that the proofs came too short for the Peter and thereupon the Duke instantly gave order for her final discharge and she was discharged by order of Court accordingly By which true Narration of the Fact and all the proceedings the Duke hopeth it will sufficiently appear That he hath not done any thing herein on his part which was not justifiable and grounded upon deliberate and well-advised Councils and Warrant But for the doing of this to his own lucre and advantage he utterly denieth it for he saith that there was nothing removed out of the Ship but some moneys and some small boxes of stones of very mean value and other small Portable things lying above the Deck easily to be imbezilled And whatsoever was taken out of the Ship was first publickly shewed to his Majesty himself and then committed to the custody of Gabriel Marsh in the Article mentioned by Inventory then and still Marshal of the Admiralty by him to be safely kept whereof the money was employed for the Kings immediate service and by his direction and the rest was left in safe keeping and are all since delivered and reimbursed to the owners or pretended owners thereof and not a penny profit thereof or thereby hath come to the Duke himself as shall be made good by proof And whereas the suggestion hath been made that this accident was the cause of the Imbargo of the Ships and Goods of our Merchants trading in France he saith that is utterly mistaken for divers of their Goods were imbarged before this hapned and if in truth the French had therein received that as either they pretend or is pretended for them yet the imbarguing of the Goods of the English upon that occasion was utterly illegal and unwarrantable For by the mutual Articles between the two Kings
our Friends and Allies who must prosper or suffer with us would have led them to a due and a timely consideration of all the means which might best conduce to those ends which the Lords of the Higher-House by a Committee of that House did timely and seasonably consider of and invited the Commons to a Conference concerning that great business At which Conference there were opened unto them the great occasions which pressed his Majesty which making no impression with them his Majesty did first by Message and after by Letters put the House of Commons in minde of that which was most necessary the defence of the Kingdom and due and timely preparations for the same The Commons House after this upon the 27 of March last with one unanimous consent at first agreed to give unto his Majesty three intire Subsidies and three Fifteens for a present supply unto him and upon the 26 of April after upon second Cogitations they added a fourth Subsidy and ordered the dayes of payment for them all whereof the first should have been on the last day of this present June Upon this the King of Denmark and other Princes and States being engaged with his Majesty in this common Cause his Majesty fitted his occasions according to the times which were appointed for the payment of those Subsidies and Fifteens and hasted on the Lords Committees and his Council at War to perfect their Resolutions for the ordering and setling of his designs which they accordingly did and brought them to that maturity that they found no impediment to a final conclusion of their Councels but want of mony to put things into action His Majesty hereupon who had with much patience expected the real performance of that which the Commons had promised finding the time of the year posting away and having intelligence not onely from his own Ministers and Sujects in Forrein parts but from all parts of Christendom of the great and powerfull preparations of the King of Spain and that his design was upon this Kingdom or the Kingdom of Ireland or both and it is hard to determine which of them would be of worst consequence He acquainted the House of Commons therewith and laid open unto them truly and clearly how the state of things then stood and yet stand and at several times and upon several occasions reiterated the same But that House being abused by the violent and ill-advised passions of a few Members of the House for private and personal ends ill-beseeming publick persons trusted by their Country as then they were not onely neglected but wilfully refused to hearken to all the gentle admonitions which his Majesty could give them and neither did nor would intend any thing but the prosecution of one of the Peers of this Realm and that in such a disordered manner as being set at their own instance into a legal way wherein the proofs on either part would have ruled the cause which his Majesty allowed they were not therewith content but in their intemperate passions and desires to seek for Errors in another fell into a greater Error themselves and not onely neglected to give just satisfaction to his Majesty in several Cases which happened concerning his Regality but wholly forgot their engagements to his Majesty for the publick defence of the Realm whereupon his Majesty wrote the forementioned Letter to the Speaker dated the ninth day of June 1626. Notwithstanding which Letter read in the House being a clear and gracious Manifest of his Majesties Resolutions they never so much as admitted one Reading to the Bill of Subsidies but instead thereof they prepared and voted a Remonstrance or Declaration which they intended to prefer to his Majesty containing though palliated with glossing terms aswel many dishonorable aspersions upon his Majesty and upon the sacred memory of his deceased Father as also dilatory excuses for their not proceeding with the Subsidies adding thereto also coloured conditions crossing thereby his Majesties direction which his Majesty understanding and esteeming as he had cause to be a denial of the promised Supply and finding that no admonitions could move no reasons or perswasions could prevail when the time was so far spent that they had put an impossibility upon themselves to perform their promises when they esteemed all gracious Messages unto them to be but interruptions His Majesty upon mature advisement discerning that all further patience would prove fruitless on the fifteenth day of this present moneth he hath dissolved this unhappy Parliament The acting whereof as it was to his Majesty an unexpressible grief for the memory thereof doth renew the hearty sorrow which all his good and well affected Subjects will compassionate with him These passages his Majesty hath at the more length and with the true Circumstances thereof expressed and published to the world least that which hath been unfortunate in it self through the malice of the Author of so great a mischief and the malevolent report of such as are ill-affected to this State or the true Religion here professed or the fears or jealousies of Friends and dutifull Subjects might be made more unfortunate in the consequences of it which may be of worse effect then at the first can be well apprehended and his Majesty being best privy to the integrity of his own heart for the constant maintaining of the sincerity and unity of the true Religion professed in the Church of England and to free it from the open contagion of Popery and secret infection of Schism of both which by his publick Acts and Actions he hath given good testimony and with a single heart as in the presence of God who can best judge thereof purposeth resolutely and constantly to proceed in the due execution of either and observing the subtilty of the adverse party he cannot but believe that the hand of Joab hath been in this disaster that the common Incendiaries of Christendom have subtilly and secretly insinuated those things which unhappily and as his Majesty hopeth beyond the intentions of the Actors have caused these diversions and distractions And yet notwithstanding his most excellent Majesty for the comfort of his good and well-affected Subjects in whose loves he doth repose himself with confidence and esteemeth it as his greatest riches for the assuring of his Friends and Allies with whom by Gods assistance he will not break in the substance of what he hath undertaken for the discouraging of his Adversaries and the Adversaries of his Cause and of his Dominions and Religion hath put on this resolution which he doth hereby publish to all the world That as God hath made him King of this great people and large Dominions famous in former ages both by Land and Sea and trusted him to be a Father and Protector both of their Persons and Fortunes and a Defender of the Faith and true Religion so he will go on cheerfully and constantly in the defence thereof and notwithstanding so many difficulties and discouragements will take his
Scepter and Sword into his hand and not expose the persons of the people committed to his charge to the unsatiable desires of the King of Spain who hath long thirsted after an Universal Monarchy nor their Consciences to the yoke of the Pope of Rome And that at home he will take that care to redress the just grievances of his good Subjects as shall be every way fit for a good King And in the mean time his Majesty doth publish this to all his loving Subjects that they may know what to think with truth and speak with duty of his Majesties actions and proceedings in these two last dissolved Parliaments Given at his Majesties Palace at Whitehall this Thirtieth day of June in the second year of his Majesties Reign of Great-Britain France and Ireland Moreover the King published a Proclamation taking notice of a Remonstrance drawn by a Committee of the late Commons House and by them intended to have been presented to him wherein he said are many things contained to the dishonor of himself and his Royal Father of blessed memory and whereby through the sides of a Peer of this Realm they wound their Soveraigns honor as also that some Members of that House ill-affected to his service to vent their own passions against that Peer and to prepossess the world with an ill opinion of him before his Cause were heard in a Judicial way have beforehand scattered Copies of that intended Declaration thereby to detract from their Soveraign Wherefore his Majesty for the suppressing of this insufferable wrong to himself doth command upon pain of his indignation and high displeasure all persons of whatsoever quality who have or shall have hereafter any Copies or Notes of the said Remonstrance or shall come to the view thereof forthwith to burn the same that the memory thereof may be utterly abolished and may never give occasion to his Majesty to renew the remembrance of that which out of his grace and goodness he would gladly forget In another Proclamation the King declaring his Religious care of the Peace of this Church and Commonwealth of England and other his Dominions and taking notice that in all ages great disturbances both to Church and State have ensued out of small beginnings when the seeds of contention were not timely prevented and finding that of late some Questions and Opinions seem to have been broached in matters of Doctrine and Tenents of our Religion at first onely intended against Papists have afterwards by the sharp and indiscreet handling of some of either party given much offence to the sober and well grounded Readers and raised some hopes in the Roman Catholicks that by degrees the Professors of our Religion may be drawn first to Schism and afterwards to plain Popery His Majesty in the integrity of his own heart and singular providence for the peaceable Government of that people which God hath committed to his charge hath thought fit by the advice of his reverend Bishops to declare and publish not onely to his own people but also to the whole world his utter dislike of all those who to shew the subtilty of their Wits or to please their own humors or vent their own passions shall adventure to start any new opinions not onely contrary to but differing from the sound and Orthodox grounds of true Religigion established in the Church of England and also to declare his full and constant resolution that neither in Doctrine nor Discipline of the Church nor in the Government of the State he will admit of the least innovation but by Gods assistance will so guide the Scepter of these Kingdoms as shall be most for the comfort and assurance of his sober religious and well-affected Subjects and for the repressing and severe punishing of the insolencies of such as out of any sinister respects or disaffection to his Majesties Person or Government shall dare either in Church or State to disturbe the Peace thereof wherefore he doth straitly charge and command all his Subjects of his Realms of England and Ireland of what degree soever especially thes◠who are Church-men from hence-forth to carry themselves so wisely warily and conscionably that neither by Writing Preaching Printing Conferences or otherwise they raise publish or maintain any other Opinions concerning Religion then such as are clearly warranted by the Doctrine and Discipline of the Church of England 〈◊〉 by Authority And enjoyneth his reverend Archbishops and Bishops in their several Diocesses speedily to reclaim and repress all such spirits as shall in the least degree attempt to violate this bond of Peace And all the Ministers of Justice were required to execute his Majesties pious and royal pleasure herein expressed and if any shall take the boldness to neglect this gracious Admonition his Majesty will proceed against such offenders with that severity as their contempt shall deserve that by their exemplary punishment others may be warned and that those that be studious of the peace and prosperity of this Church and Commonwealth may bless God for his Majesties pious religious wise just and gracious Government The effects of this Proclamation how equally soever intended became the stopping of the Puritans Mouths and an uncontrouled Liberty to the Tongues and Pens of the Arminian party Shortly after an Information was preferred by the Kings special command in the Star-Chamber against the Duke of Buckingham for high Offences and Misdemeanors wherein he was charged amongst other things with the particulars mentioned in the last Article exhibited against him by the House of Commons concerning the Plaister applied to King Iames. To which the Duke put in his Answer and divers Witnesses were examined But the cause came not to a judicial hearing in the Court as it is afterwards expressed And now the King taking into consideration the present streights and inconveniencies into which the Revenue of the Crown was faln and the pressing necessity of his Affairs did by the advice and instance of his Council resolve and declare That all men of what quality and condition soever shall from henceforth upon pain of his displeasure forbear for two years space to present or solicite any Suit for any thing prohibited in the Book of Bounty published in King Iames his time or any other things that shall import the Diminution of his Majesties Revenue And for the advancement of the said Revenue arising by Customs Subsidies and Imposts upon all Goods and Merchandizes exported and and imported The Privy Council declared That it hath been constantly continued for many ages and is a principal and most necessary part of the Revenue of the Crown and that in the two last Parliaments it hath been thought upon but could not be setled by their Authority by reason of their dissolution before the matters therein treated could be brought to perfection Nevertheless that it was then intended to have been confirmed by Parliament as it hath been from time to time by many Descents and Ages Whereupon
they Ordered That all such Duties and Merchandizes shall be levied and paid And they advised the King That the Attorney General prepare for his Majesties Signature an Instrument which may pass under the Great Seal of England to declare his pleasure therein until by Parliament as in former times it may receive an absolute settlement Which passed the Great Seal accordingly The Forfeitures arising to the Crown by the execution of the Laws against Priests Jesuites and Popish Recusants were dedicated to the vast and growing charge of the Designs in hand And Complaint being made against Inferior Officers whose service was herein employed that they had misdemeaned themselves to the oppressing of Recusants without advantage to the King Commissioners of honorable Quality were appointed for the regulating of these proceedings yet no Liberty given to the encouragement or countenance of such dangerous persons as might infect the People or trouble the Peace of Church and State The King therefore Grants a Commission under the Great Seal directed to the most Reverend Father in God Toby Archbishop of York Sir Iohn Savile Knight Sir George Manners Sir Henry Slingsby Sir William Ellis Knights and to divers other Knights and Gentlemen and therein recites THat his Majesty hath received credible Information of the great loss and damages which the Kings Subjects living in Maritime Towns especially in the Northern parts do suffer by depredations attempts and assaults at Sea from Foreign Enemies whereby Trade from those parts are interrupted and the City of London much endamaged for want of Coals and other Commodities usually transported thither from Newcastle upon Tine For redress of which evil his Majesty doth think fit to appropriate and convert all such Debts sums of Money Rents Penalties and Forfeitures of all Recusants inhabiting in the Counties of York Durham Northumberland Cumberland Westmorland Lancaster Nottingham Derby Stafford and Chester which at any time have grown due since the Tenth year of King James and are not yet satisfied or which hereafter shall grow due by reason of any Law or Statute against Recusants to be employed for the maintenance provision arming manning victualling and furnishing of Six able Ships of War for guarding and defending the Coast of this Realm from the furthest North-East point of the Sea unto the mouth of the River of Thames his Majesty further expressing in the said Commission That his Subjects who are owners of Coalâ—Pits the Oast-men of Newcastle upon Tine Owners of Ships and Merchants Buyers and Sellers of Newcastle Coals have béen and are willing to contribute and pay for every Chaldron for the uses aforesaid Wherefore his Majesty upon the considerations before-mentioned doth by his said Commission give power unto the said Commissioners or any four or more of them to treat and make Composition and Agréement with the said Recusants inhabiting within the said Counties for Leases of all their Manors Lands Tenements c. within those Counties for any term of years not excéeding One and forty years and for all Forfeitures due since the Tenth year of King James for their Recusancy in not going to Church to hear Divine Service according to the Laws and Statutes of this Realm under such Condition and Immunities as they or any four of them shall sée méet and convenient according to such Instructions as his Majesty hath or shall give for that purpose his Majesty rather desiring their Conversion then Destruction And such Leases his Majesty doth declare made to the said Recusants themselves or to any persons for their use shall be good and effectual any Law or Statute to the contrary notwithstanding And by the said Commission Sir Iohn Savile was appointed Receiver of all such sums of Money as shall be paid upon these Leases and Mr. Alexander Davison of the Town of Newcastle upon Tine Merchant Adventurer was appointed to receive out of the voluntary and free-wil Contribution of the Owners Buyers and Sellers of Coals the Six pence per Chaldron of Coals In pursuance of this Commission the Recusants did make their Composition upon very easie terms as was afterwards complained of in Parliament A Proclamation was published declaring the Kings Resolution to make his Revenue certain by granting his Lands as well holden by Copy as otherwise to be holden in Fee-farm To the Nobles the King sent particularly to let them know That according to the Presidents of former times wherein the Kings and Queens of England upon such extraordinary occasions have had recourse to those Contributions which arose from the Subjects in general or to the private helps of some that were well affected he doth now expect from them such a large and chearful testimony of their Loyalty as may be acceptable to himself and exemplary to his people His Majesty demanded of the City of London the Loan of an Hundred thousand pounds But the peoples excuses were represented to the Council Table by the Magistrates of the City Immediately the Council sent a very strict command to the Lord Major and Aldermen wherein they set forth the Enemies strong preparations as ready for an Invasion and the Kings great necessities together with his gratious and moderate Proposals in the sum required and the frivolous pretences upon which they excuse themselves Wherefore they require them all excuses being set apart to enter into the business again and to manage the same as appertaineth to Magistrates so highly intrusted and in a time of such necessities and to return to his Majesty a direct and speedy Answer that he may know how far he may relie upon their Faith and Duty or in default thereof may frame his Counsels as appertaineth to a King in such extream and important occasions Moreover a peculiar charge was laid upon the several Ports and Maritime Counties to furnish and set out Ships for the present service The Privy Council expressing his Majesties care and providence to guard his own Coasts against attempts from Spain or Flanders by arming as well the Ships of his Subjects as of his own Navy made a distribution to every Port that with the Assistance and Contribution of the Counties adjoyning they prepare so many Ships as were appointed to them severally and in particular the City of London was appointed to set forth Twenty of the best Ships that lay in the River with all manner of Tackle Sea-stores and Ammunition Manned and Victualled for Three Moneths The Deputy Lieutenants and Justices of the Peace of Dorset having received the Kings Commandment for the setting forth of Ships from the Ports of Pool Weymonth and Lime with the assistance of Contribution from the Counties adjoyning presented to the Council Table an excuse in the behalf both of the Ports and County and pleaded That the Case was without President The Council gave them a check for that instead of Conformity they disputed the Case letting them know That State occasions and the defence of the Kingdom in times of extraordinary danger were not
Judgment and Execution of such Offenders as in time of War and some were executed by those Commissions Nevertheless the Soldiers brake out into great disorders they mastered the people disturbed the peace of Families and the Civil Government of the Land there were frequent Robberies Burglaries Rapes Rapines Murthers and Barbarous Cruelties Unto some places they were sent for a punishment and where ever they came there was a general outcry The High-ways were dangerous and the Markets unfrequented they were a terror to all and an undoing to many Divers Lords of the Council were appointed to repair into their several Countreys for the advancement of the Loan and were ordered to carry a List of the names as well of the Nobility and Privy Counsellors as of the Judges and Serjeants at Law that had subscribed to lend or sent in money for the Publick service to be a Patern and leading Example to the whole Nation But Sir Randolph Crew shewing no zeal for the advancing thereof was then removed from his place of Lord Chief Justice and Sir Nicholas Hide succeeded in his room A person who for his parts and abilities was thought worthy of that preferment yet nevertheless came to the same with a prejudice coming in the place of one so well beloved and so suddenly removed but more especially by reason the Duke appeared in his advancement to express a grateful Acknowledgment to that Knight for the care and pains he took in drawing the Dukes Answer to the Impeachment in Parliament against him This business of the Loan occasioned a Complaint to the Lords of the Council against the Bishop of Lincoln for publickly speaking words concerning it which was conceived to be against the King and Government Whereupon Sir Iohn Lamb and Dr. Sibthorpe informed the Council to this purpose That many were grieved to see the Bishop of Lincoln give place to unconformable Ministers when he turned his back to those that were conformable and how the Puritans ruled all with him and that divers Puritans in Leicestershire being Convented his Lordship would not admit proceedings to be had against them That Dr. Sibthorpe being desired to stay at Leicester this year as Commissary for the High Commission there the Countrey being much over-spread with Puritanism Sir Iohn Lamb and the said Doctor did inform the Bishop of Lincoln then at Bugden what Factious Puritans there were in the County who would not come up to the Table to receive the Communion kneeling and that there were unlawful Fasts and Meetings kept in the County and one Fast that held from nine in the Forenoon till eight at night and that Collections for moneys were made without Authority upon pretence for the Palatinate And therefore they desired leave from the Bishop to proceed against those Puritans Ex Officio The said Bishop replied He would not meddle against the Puritans for his part he expected not another Bishoprick they might complain of them if they would to the Council Table for he was under a Cloud already and he had the Duke of Buckingham for his Enemy and he would not draw the Puritans upon him for he was sure they would carry all things at last Besides he said the King in the First year of his Reign had given Answer to a Petition of the Lower House in favor of the Puritans It appeared also by the Information of others who were present at the Conference at Bugden That Sir Iohn Lamb and Dr. Sibthorpe did notwithstanding the Bishops aversness again press the Bishop to proceed against the Puritans in Leicestershire the Bishop then asked them what manner of people they were and of what condition For his part he knew of none To which Sir Iohn Lamb replied Dr. Sibthorpe being present That they seem to the World to be such as would not Swear Whore nor Drink but yet would Lie Cozen and Deceive That they would frequently hear two Sermons a day and repeat the same again too and afterwards pray and sometimes fast all day long Then the Bishop asked whether those places where those Puritans were did lend money freely upon the Collection of the Loan To which Sir Iohn Lamb and Dr. Sibthorpe replied That they did generally resolve to lend freely Then said the Bishop no man of discretion can say That that place is a place of Puritans For my part said the Bishop I am not satisfied to give way to proceedings against them At which Dr. Sibthorpe was much discontented and said He was troubled to see that the Church was no better regarded These Informations being transmitted to the Council Table were ordered to be sealed up and committed to the Custody of Mr. Trumbal one of the Clerks of the Council nevertheless the Bishop of Lincoln used such means as he got a Copy of them For which and some other matters an Information was afterwards preferred against him in the Star-Chamber Of which more at large when we come in our next Volume to treat of the great and high proceedings of that Court. Bishop Laud not long before this Passage with the Bishop of Lincoln was informed That the Bishop of Lincoln endeavored to be reconciled to the Duke and that night that he was so informed he dreamed That the Bishop of Lincoln came with Iron Chains but returned freed from them That he leaped upon a Horse departed and he could not overtake him The Interpretation of this Dream may not unfitly be thus applied His Chains might signifie the imprisonment of the Bishop of Lincoln afterwards in the Tower his returning free to his being set at Liberty again at the meeting of the Parliament his leaping on Hors-back and departing to his going into Wales and there commanding a Troop in the Parliaments Service and that Bishop Laud could not overtake him might portend that himself should become a Prisoner in the same place and be rendred thereby incapable to follow much less to overtake him At this time the King had Six thousand Foot Soldiers in the Service of the United Provinces under the Command of Sir Charls Morgan Sir Edward Herbert Sir Iohn Burlacy Sir Iames Leviston c. for the assistance of the States against the increasing power of Spinola Upon the present occasion these Forces were called off from the States services to joyn with the King of Denmark under the Command of Sir Charls Morgan against the common enemy the King of Spain and his adherents Some few moneths after One thousand three hundred foot more were embarqued at Hull to be transported by Captain Conisby to the Town of Stoad in Germany and there to be delivered over to the charge of the aforesaid Sir Charls Morgan General of the English Forces in the service of the King of Denmark a person of known Valor and fit for conduct of an Army But the Assessment of the general Loan did not pass currantly with the people for divers persons refused to subscribe their names
and to lend after the rate propounded and among others certain of the Parish of Clement Danes the Savoy the Dutchy and other parts within the Liberties of Westminster who first alledged poverty Whereunto reply was made That if they would but subscribe their ability should be enquired off before any thing were levied upon them and in case they were found unable they should be discharged notwithstanding what they had under written and unto some of them the money demanded was proffered to be given them Nevertheless they afterwards absolutely refused to subscribe their names or to say they were willing to lend if able Whereupon the Council directed their Warrant to the Commissioners of the Navy to impress these men to serve in the Ships ready to go out in his Majesties service The Non-Subscribers of higher Rank and Rate in all the Counties were bound over by Recognisance to tender their appearance at the Council Table and performed the same accordingly and divers of them were committed to prison but the common sort to appear in the Military-Yard near St. Martins in the Fields before the Lieutenant of the Tower of London by him to be there inrolled among the Companies of Soldiers that they who refused to assist with their Purses should serve in their Persons for the common Defence The same Loan being demanded of the Societies and Inns of Court the Benchers of Lincolns Inn received a Letter of Reproof from the Lords of the Council for neglecting to advance the Service in their Society and to return the names of such as were refractory ANd for the advancement of the said Loan Doctor Sibthorpe now publishes in Print a Sermon Preached by him at Northampton February the Two and twentieth One thousand six hundred twenty and six at Lent Assizes entituled Apostolick Obedience This Book was Licenced by the Bishop of London who did approve thereof as a Sermon learnedly and discreetly Preached It was dedicated to the King and expressed to be the Doctors Meditations which he first conceived upon his Majesties Instructions unto all the Bishops of this Kingdom fit to be put in execution agreeable to the necessity of the times and afterwards brought forth upon his Majesties Commission for the raising of moneys by way of Loan His Text was Romans 13.7 Render therefore to all their dues Among other passages he had this And seriously consider how as Jeroboam took the opportunity of the breach betwixt Rehoboam and his Subjects to bring Idolatry into Israel So the Papists lie at wait if they could finde a Rent between our Soveraign and his Subjects which the Lord forbid to reduce Superstition into England I speak no more then what I have heard from themselves whilst I have observed their forwardness to offer double according to an Act of Parliament so providing yea to profess That they would depart with the half of their Goods And how or why can this forwardness be in them but in hope to cast the imputation of frowardness upon us and so to seem that which the Iesuite will not suffer them to be loving and loyal Subjects Also the said Sermon holds forth That the Prince who is the Head and makes his Court and Council it is his duty to direct and make Laws Eccles. 8.3 and 4. He doth whatsoever pleases him Where the word of the King is there is power and who may say unto him What doest thou And in another place he saith If Princes command any thing which Subjects may not perform because it is against the Laws of God or of Nature or impossible Yet Subjects are bound to undergo the punishment without either resistance or railing or reviling and so to yield a Passive Obedience where they cannot exhibite an active one I know no other case saith he but one of those three wherein a Subject may excuse himself with Passive Obedience but in all other he is bound to Active Obedience It is not our purpose to repeat his Sermon the Reader may at leisure inform himself more fully by the Printed Copy Doctor Roger Manwaring promoted the same business in two Sermons Preached before the King and Court at Whitehal wherein he delivered for Doctrine to this purpose That the King is not bound to observe the Laws of the Realm concerning the Subjects Rights and Liberties but that his Royal Will and Command in imposing Loans and Taxes without common consent in Parliament doth oblige the Subjects Conscience upon pain of eternal damnation That those who refused to pay this Loan offended against the Law of God and the Kings Supream Authority and became guilty of impiety disloyalty and Rebellion And that the Authority of Parliament is not necessary for the raising of Aids and Subsidies and that the flow proceedings of such great Assemblies were not fitted for the Supply of the States urgent Necessities but would rather produce sundry impediments to the just designs of Princes The Papists at this time were forward and liberal on this occasion insomuch that it was said in those times That in the point of Allegiance then in hand the Papists were exceeding Orthodox and the Puritans were the onely Recusants Distastes and Jealousies had for a while been nourished between the Courts of England and France which seemed to have risen from Disputes and Differences about the Government of the Queens family By the Articles of Marriage it was agreed That the Queen should have a certain number of Priests for her Houshold Chaplains together with a Bishop who should exercise all Ecclesiastical Jurisdiction in matters of Religion These with other Romish Priests within this Realm began to practise and teach That the Pope upon the Marriage Treaty assumed to himself or his Delegates the Jurisdiction of the Queens whole family especially the Institution and Destitution of the Ecclesiasticks and that the King of England had no power to intermeddle therein because he was an Heretick the Pope threatning to declare those to be Apostates that should seek their establishment from the King Likewise the Queen insisted to have the ordering of her family as her self pleased and the naming of her Officers and Servants and being therein crossed did somewhat distaste the King and unkindness grew between them These things the King represented to his Brother of France imputing the same to the Crafty and Evil Counsels of her Servants rather then to her own inclination And so declared he could no longer bear with those that were the known causes and fomenters of these disturbances but would presently remove them from about his Wife if there were nothing more then this That they had made her go to Tiborne in devotion to pray there Which action as it was reported his Majesty said can have no greater invective made against it then the bare relation yet his Majesty acknowledged That the deportment of some of them was without offence but others of them had so much abused his patience and affronted his Person reflecting most upon
attendeth the humor of the heedless Multitude that are full of jealousie and distrust and so unlike to comply to any unusual Course of Levy but by force which if used the effect is fearful and hath been fatal to the State Whereas that by Parliament resteth principally on the Regal person who may with ease and safety mould them to his fit designs by a gracious yielding to their just desires and Petitions If a Parliament then be the most speedy assurance and safe way it is fit to conceive what is the fairest way to act and work that to the present need First for the time of usual Summons Forty days reputed to be too large for this present Necessity it may be by dating the Writs lessened since it is no positive Law so that a care be had that there may a County-day after the Sheriff hath received the Writ before the time of sitting If then the Sum to be levied be once granted and agreed of for the time there may be in the body of the Grant an Assignment made to the Knights of every County respectively who under such assurance may safely give Security proportionable to the Receipts to such as shall adventure in present for the Publick service any Sums of money The last and weightiest Consideration if a Parliament be thought fit is How to remove or comply the Differences between the King and Subjects in their mutual demands And what I have learned amongst the better sort of the Multitude I will freely declare that your Lordships may be the more enabled to remove and answer those Distrusts that either concern Religion publick safety of the King and State or the just Liberty of the Commonwealth Religion is a matter that they lay nearest to their Consciences and they are led by this ground of jealousie to doubt some practices against it First for that though the Spanish Match was broken by the careful industry of my Lord of Buckingham out of his religious care as he then declared that the Articles there demanded might lead to some such Sufferance as might endanger the quiet if not the state of the Reformed Religion here yet there have when he was an Actor principal in the Conditions of France as hard if not worse to the preservation of our Religion passed then those with Spain And the suspect is strengthened by the close keeping of this Agreement and doubt in them of his affection in that his Mother and others many his Ministers of near imploiment about him are so affected They talk much of his advancing men Popishly devoted to Places in the Camp of nearest service and chief Command and that the Recusants have got these late years by his power more courage and assurance then before If to clear these doubts which perhaps are worse in fancie then in truth he take a course it might much advance the Publick service against the squeamish humors that have more of violent Passion then of setled Judgment and are not the least of the opposite number in the Commonwealth The next is The late misfortunes and losses of Men Munition and Honor in the late Undertakings abroad which the more temperate spirits impute to want of Council and the more sublime Wits to Practice They begin with the Palatinate and lay the fault of the loss thereof on the imputed Credit of Gondomar distrusting him for the staying of supply to Sir Horatio Vere when Colonel Cecil was cast on that imployment by which the King of Spain became Master of the Kings Childrens Inheritance And when Count Mansfield had a Royal supply of Forces to assist the Princes of our party for the recovety thereof either Plot or Error defeated the enterprise for us to Spains advantage That Sir Robert Mansfields Expedition to Algiers should purchase only the security and guard of the Spanish Coasts To spend many Hundred thousand pounds in the Cadiz-Voyage against the Advice in Parliament only to warn the King of Spain to be in readiness and so our selves weakned is taken for a sign of an ill affection amongst the Multitude The spending of much Munition Victuals and Money in my Lord Willoughbies Journey is counted an unthrifty error in the Director of it To disarm our selves in fruitless Voyages may seem a plot of danger It was held not long ago a fundamental Rule of our Neighbors and our Security by the old Lord Burleigh That nothing can prevent the Spanish Monarchy but a Fastness of those two Princes whose Amity gave countenance and courage to the Netherlands and German-Princes to make head against his Ambition And we see by this disunion a fearful Defeat hath happened to the King of Denmark and that party to the advantage of the Austrian Family And this waste of Publick Treasure in fruitless Expeditions will be an important Cause to hinder any new Supply in Parliament Another fear that may disturb the smooth and speedy passage of the Kings desires in Parliament is the vast waste of the Kings livelihood whereby is like as in former times to arise this jealousie and fear That when he hath not of his own to support his ordinary Charge for which the Lands of the Crown were setled unalterable and called Sacrum patrimonium Principis that then he must needs of necessity rest upon those assistances of the people which ever were only collected and consigned for the Commonwealth from whence it is like there will be no great labor and stiffness to induce his Majesty to an Act of Resumption since such desires of the State have found an easie way in the will of all Princes from the Third Henry unto the last But that which is like to pass the deepest into their Disputes and care is the late Pressures they supposed to have been done upon the Publick Liberty and Freedom of the Subject in commanding their Goods without assent by Parliament imprisoning and confining their Persons without special Cause declared and that made good against them by the Judges lately and pretending a Writ to command their attendances in Forein war All which they are like to enforce as repugnant to any positive Laws Institutions and Customary Immunities of this Commonwealth And these dangerous distastes to the people are not a little improved by the unexampled course as they conceive of retaining an Inland Army in Winter-season when former times of general fear as in Eighty eight produced none such And makes them in their distracted fears to conjecture idly it was raised wholly to subject their Fortunes to the will of Power rather then of Law and to make good some further breach upon their Liberties and Freedoms at home rather then defend us from any force abroad How far such Jealousies if they meet with any unusual disorder of lawless Soldiers are an apt distemper of the loose and needy Multitude which will easily turn away upon any occasion in the State that they can side withall as a glorious pretence of Religion and Publick safety when their true
spits and spues out its own rankor and venom You remember how that famous and immortal Statesman the Count of Gondomar fed King James his fancy and rocked him asleep with the soft and sweet sound of Peace to keep up the Spanish Treaty Likewise we were much bound to some Statesmen of our own Country for gaining time by procuring those most advantagious Cessations of Arms in the Palatinate and advancing the Honor and Integrity of the Spanish Nation and vilifying the Hollanders remonstrating to King James That that State was most ungrateful both to his Predecessor Queen Elizabeth and his Sacred Majesty That the States were more obnoxious then the Turk and perpetually injured his Majesties loving Subjects in the East-Indies and likewise they have usurped from his Majesty the Regality and unvaluable profit of the Narrow-Seas in fishing upon the English Coast c. This great Statesman had but one principal means to further their great and good designs which was to set on King James that none but the Puritan-Faction which plotted nothing but Anarchy and his Confusion were averse to this most happy Union We steered on the same Course and have made great use of this Anarchical Election and have prejudicated and anticipated the Great one that none but the Kings Enemies and his are chosen of this Parliament c. We have now many strings to our Bow and have strongly fortified our Faction and have added two Bulwarks more For when King James lived you know he was very violent against Arminianism and interrupted with his pestilent Wit and deep Learning our strong Designs in Holland and was a great Friend to that old Rebel and Heretick the Prince of Orange Now we have planted that Soveraign Drug Arminianism which we hope will purge the Protestants from their Heresie and it flourisheth and bears fruit in due season The Materials which build up our Bulwark are the Projectors and Beggers of all ranks and qualities Howsoever both these Factions cooperate to destroy the Parliament and to introduce a new species and form of Government which is Oligarchy Those serve as direct Mediums and Instruments to our end which is the Universal Catholick Monarchy Our foundation must be Mutation and Mutation will cause a Relaxation which will serve as so many violent diseases as the Stone Gout c. to the speedy distraction of our perpetual and insufferable anguish of body which is worse then death it self We proceed now by Councel and mature deliberation how and when to work upon the Duke's Iealousie and Revenge And in this we give the honor to those which merit it which are the Church-Catholicks There is another matter of Consequence which we take much into our consideration and tender care which is to slave off the Puritans that they hang not in the Duke's ears They are impudent subtile people And it is to be feared lest they should negotiate a Reconciliation between the Duke and the Parliament T is certain the Duke would gladly have reconciled himself to the Parliament at Oxford and Westminster But now we assure our selves we have so handled the matter that both Duke and Parliament are irreconcileable For the better prevention of the Puritans the Arminians have already locked up the Duke's ears And we have those of our own Religion which stand continually at the Duke's Chamber to see who goes in and out We cannot be too circumspect and careful in this regard I cannot choose but laugh to see how some of our own Coat have accoutred themselves you would scarce know them if you saw them And 't is admirable how in speech and gesture they act the Puritans The Cambridge-Scholars to their woful experience shall see we can act the Puritans a little better then they have done the Jesuites They have abused our sacred Patron Saint Ignatius in jest but we will make them smart for it in earnest I hope you will excuse my merry digression For I confess unto you I am at this time transported with joy to see how happily all Instruments and means as well great as less cooperate unto our purposes But to return unto the main Fabrick Our foundation is Arminianism The Arminians and Projectors as it appears in the premisses affect mutation This we second and enforce by probable Arguments In the first place we take into consideration the Kings honor and present necessity and we shew how the King may free himself of his Ward as Lewis the Eleventh did And for his great splendor and lustre he may raise a vast Revenue and not be beholden to his Subjects which is by way of Imposition of Excise Then our Church-Catholicks proceed to shew the means how to settle this Excise which must be by a Mercenary Army of Horse and Foot For the Horse we have made that sure They shall be Foreiners and Germans who will eat up the Kings Revenues and spoil the Country wheresoever they come though they should be well paid What havock will they make there when they get no Pay or are not duly paid They will do more mischief then we hope the Army will do We are provident and careful that this Mercenary Army of Two thousand Horse and Twenty thousand Foot shall be taken on and in pay before the Excise be setled In forming the Excise the Country is most likely to rise If the Mercenary Army subjugate the Country then the Soldiers and Projectors shall be paid out of the Confiscations If the Country be too hard for the Soldiers then they must consequently mutiny which is equally advantagious unto us Our superlative design is to work the Protestants as well as the Catholicks to welcom in a Conqueror and that is by this means We hope instantly to dissolve Trades and hinder the building of Shipping in devising probable Designs and putting on the State upon Expeditions as that of Cadiz was in taking away the Merchant Ships so that they may not easily catch and light upon the West-India Fleet c. The Parliament being assembled the Seventeenth day of March His Majesty began with this Speech My Lords and Gentlemen THese Times are for Action Wherefore for Examples sake I mean not to spend much time in Words expecting accordingly that your as I hope good Resolutions will be speedy not spending time unnecessarily or that I may better say dangerously For tedious Consultations at this conjuncture of time are as hurtful as ill Resolutions I am sure you now expect from me both to know the cause of your meeting and what to resolve on Yet I think there is none here but knows that Common danger is the cause of this Parliament and that Supply at this time is the chief end of it So that I need but point to you what to do I will use but few perswasions For if to maintain your own Advices and as now the case stands for the following thereof the true Religion Laws and Liberties of this State and the just Defence of our true
it will make him Honorable that promoteth it Lyes may shadow it but not darken it They may blame but never shame it By this small President his Majesty shall see himself abused and it may be a means for him to reflect both upon men and matters The men slain are no less injured by concealing their Names whose lives were lost for King and Country The Romans would have held it the highest Honor for their friends and posterity so to die And a Parliament may fear that those that stick not so palpably to wrong a King may as unjustly cast Aspersions upon the House and other his loving Subjects There is no remedy left for these misreports but a freedom of Speech in Parliament For there is no wise man that speaks but knows what and when to speak and how to hold his peace Whilst Subjects tongues are tyed for fear they may reach him a rap whose conscience cries guilty the King and his people are kept from understanding one another The Enemy is heartened abroad and the Malignant humor of Discontent nourished at home and all for one who is like a Dragon that bites the ear of the Elephant because he knows the Elephant cannot reach him with his trunk and Princes are abused by false Reports whispered in their ears by Sycophants and Flatterers Diogenes being asked what beast bit sorest answered Of wilde beasts the Back-biter of tame the Flatterer Now to descend to Grievances which are of two kinds some concerning the Kingdom in general some in particular which have relation to the general The Grievances in general are so many in number as will serve for every Member of the House to present Two apiece to your views And because I cannot be admitted amongst you my self yet in regard I have been a Member of you I will prsume so far as to rank my self with you and to tender the number of Two unto unto your consideration My first Complaint is of Titles of Honor and in two kindes First in respect of the Parties themselves their Estates and Parentage Secondly in respect of the manner of their attaining thereunto which is mercenary base and corrupt which in reason should not hold For by Law the consideration is unlawfull Trajanus commended Plutarch for his Precepts in School when he taught that men should labor to deserve Honor but avoid the getting of it basely For if it were Reputation to have it by Desert it were Infamy to buy it for Money In that Age where Rich men were honored Good men were despised Honor is not to be valued according to the vulgar opinion of men but prized and esteemed as the Sirname of Vertue ingendred in the minde and such Honor no King can give or money can purchase He that will strive to be more honorable then others must abandon Passion Pride and Arrogancy that so his Vertue may shine above others For Honor consists not in the Title of a Lord but in the opinion people have of their vertue For it is much more honor to deserve and not to have it then to have it and not deserve it There is one of three things that commonly causeth mans advancement Desert Favor and Power The first makes a man worthy of it the other two are but abuses For Favor is but a blinde fortune an ounce of which at Court is better then a pound of wisdom Fortune never favoreth but flattereth She never promiseth but in the end she deceiveth She never raiseth but she casteth down again And this Advancement is meeter to be called Luck then Merit That Honor that is compassed by Power takes unto it self Liberty and desires not to be governed by wisdom but force It knows not what it desireth nor hath a feeling of any Injury It is neither moved with sweet words nor pitifull tears such men leave not to do evil because they have a desire to it but when their power faileth to do it The true Honor among the honorablest is where Fortune casts down where there is no fault But it is Infamy where Fortune raiseth where there is no Merit Examine the State and condition of men raised to Honor these 25 years past and whether it be desert favor or power that hath preferred them Enter into the mischief the Kingdom hath suffered and doth suffer by it and the cause of his Majesties great wants will soon appear If you collect with your selves how many hungry Courtiers have been raised to the highest top of honor After this examine their Princely expence in these Twenty five years their Estates in present and what is requisite to maintain them in their future degrees of honor to themselves and their Posterity and you shall finde his Majesties annual Revenues consumed and spent upon those unworthy persons Besides the impairing and impoverishing of the State it brings with it the contempt of Greatness and Authority it breeds an inward malice in Gentlemen better deserving of their Country and better able to maintain the degree of honor without charge to King or Kingdom and whose Houses and Alliance may better challenge it then the best of them The Character of a covetous man is that he getteth his goods with care and envy of his Neighbors with sorrow to his Enemies with travel to his body with grief to his Spirit with scruple to his conscience with danger to his soul with suit to his children and curse to his heirs his desire is to live poor to die rich But as these vices are made vertues even so is he honored for them with Title of Nobility When Philip the second King of Spain entred with Arms upon his Kingdom of Portugal and though with his sword he might have made fitting Laws yet were there some few Priviledges which the Portugals besought they might enjoy one whereof was That the King would make no unworthy person Noble or without their approbation which was granted them and to this day they hold that Freedom which keeps that Kingdom in the ancient State Honor and Dignity that is to say two Dukes one Marquis and Eighteen Earls And thus much for the point of Honor. The second Grievance I will recommend to your views is The carriage of our Wars the excessive charges vainly spent therein the unworthiness of the people imployed the grave and experienced neglected the designs not warranted by reason and discretion and the executions worse performed with many other circumstances that depend upon it But before I proceed herein I must crave leave to speak to two Points The one to declare the property and condition of Impostors and Deceivers of Princes In the other I must clear the House of Parliament of an Imputation cast upon it Abusers of Princes are they that perswade them to War to become poor when they may live in Peace and become rich when they may be loved cause them to be hated when they may enjoy their lives surely put them in hazard of cross fortune rashly and lastly having
when the end may be the service of his Majesty and the good of the Commonweale But on the contrary when against a Parliament Law the Subject shall have taken from him his goods against his will and his liberty against the Laws of the Land shall it be accounted want of duty in us to stand upon our Priviledges hereditary to us and confirmed by so many Acts of Parliament In doing this we shall but tread the steps of our forefathers who ever preferred the Publick Interest before their own right nay before their own lives nor can it be any wrong to his Majesty to stand upon them so as thereby we may be the better enabled to do his Majesties service but it will be a wrong to us and our posterity and our consciences if we willingly forego that which belongs unto us by the Law of God and of the Land and this we shall do well to present to his Majesty we have no cause to doubt of his Majesties gracious acceptation This Debate said Sir Tho. Wentworth carries a double Aspect towards the Soveraign and the Subject though both be innocent both are injured and both to be cured Surely in the greatest humility I speak it these illegal ways are punishment and marks of indignation the raising of Loans strengthned by Commission with unheard of Instructions and Oathes the billetting of Soldiers by the Lieutenants and Deputy Lieutenants have been as if they could have perswaded Christian Princes yea worlds that the right of Empires had been to take away by strong hands and they have endeavored as far as possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors who have extended the Prerogative of the King beyond the just Symetry which maketh a sweet harmony of the whole They have brought the Crown into greater want then ever by anticipating the Revenues And can the Shepherd be thus smitten and the Speep not scattered They have introduced a Privy-Council ravishing at once the Spheres of all ancient Government imprisoning us without either bail or bond they have taken from us what shall I say indeed what have they left us All means of supplying the King and ingratiating our selves with him taking up the root of all propriety which if it be not seasonably set again into the ground by his Majesties own hands we shall have insteed of beauty baldness To the making of those whole I shall apply my self and propound a Remedy to all these diseases By one and the same thing have King and People been hurt and by the same must they be cured to vindicate what new things no our ancient vital Liberties by reinforcing the ancient Laws made by our Ancestors by setting forth such a Character of them as no licentious spirit shall dare to enter upon them and shall we think this is a way to break a Parliament no our desires are modest and just I speak truly both for the interest of King and People if we injoy not these it will be impossible for to relieve him Therefore let us never fear they shall not be accepted by his goodness wherefore I shall shortly descend to my motions consisting of four parts two of which have relation to our persons two to the propriety of goods for our persons first the freedom of them from imprisonment secondly from imployment abroad contrary to the ancient Customs For our goods that no Levies be made but by Parliament secondly no billetting of Soldiers It is most necessary that these be resolved that the Subject may be secured in both Sir Benjamin Rudyard stands up as a Moderator and spake thus This is the Chrysis of Parliaments we shall know by this if Parliaments live or die the King will be valued by the success of us the Councils of this House will have opperations in all 't is sit we be wise his Majesty begins to us with affection proclaiming that he will relie on his peoples love preservation is natural we are not now on the bene esse but on the esse be sure England is ours and then prune it Is it no small matter that we have provoked two most Potent Kings we have united them and have betrayed our selves more then our enemies could Men and Brethren what shall we do is there no balm in Gilead if the King draw one way the Parliament another we must all sink I respect no particular I am not so wise to contemn what is determined by the major part one day tells another and one Parliament instructs another I desire this House to avoid all contestations the hearts of Kings are great 't is comely that Kings have the beter of their Subjects give the King leave to come off I believe his Majesty expects but the occasion 't is lawfull and our duty to advise his Majesty but the way is to take a right course to attain the right end which I think may be thus by trusting the King and to breed a trust in him by giving him a large Supply according to his wants by prostrating our Grievances humbly at his feet from thence they will have the best way to his heart that is done in duty to his Majesty And to say all at once Let us all labor to get the King on our side and this may be no hard matter considering the neer subsistence between the King and people Sir Edward Cook spake next Dum tempus habemus bonum operemur I am absolutely to give Supply to his Majesty yet with some caution To tell you of Forein dangers and inbred evils I will not do it the State is inclining to a consumption yet not incurable I fear not Forein Enemies God send us peace at home for this disease I will propound remedies I will seek nothing out of mine own head but from my heart and out of Acts of Parliament I am not able to fly at all Grievances but only at Loans Let us not flatter our selves who will give Subsidies if the King may impose what he will and if after Parliament the King may inhaunce what he pleaseth I know the king will not do it I know he is a Religious King free from personal vices but he deals with other mens hands and sees with other mens eyes will any give a Subsidy that may be taxed after Parliament at pleasure the King cannot tax any by way of Loans I differ from them who would have this of Loans go amongst Grievances but I would have it go alone I le begin with a noble Record it cheers me to think of it 25. E. 3. it is worthy to be written in letters of gold Loans against the will of the Subject are against reason and the Franchises of the Land and they desire restitution what a word is that Franchise The Lord may tax his Villain high or low but it is against the Franchises
of the Land for freemen to be taxed but by their consent in Parliament Franchise is a French word and in Latine it is Libertas In Magna Charta it is provided that Nullus liber homo capiatur vel imprisoâ—etur aut disseisietur de libero tenemento suo c. nisi per legale judicium parium suorum vel per legem terrae which Charter hath been confirmed by good Kings above thirty times When these Gentlemen had spoken Sir Iohn Cook Secretary of State took up the matter for the King and concluded for redress of Grievances so that Supplies take the precedency And said I had rather you would hear any then me I will not answer what hath been already spoken my desire is not to stir but to quiet not to provoke but to appease my desire is that every one resort to his own heart to reunite the King and the State and to take away the scandal from us every one speaks from the abundance of his heart I do conclude out of every ones Conclusion to give to the King to redress Grievances all the difference is about the manner we are all Inhabitants in one House the Commonwealth let every one in somewhat amend his house somewhat is amiss but if all the House be on fire will we then think of amending what 's a miss will you not rather quench the fire the danger all apprehend The way that is propounded I seek not to decline illegal courses have been taken it must be confessed the redress must be by Laws and Punishment but withal add the Law of Necessity Necessity hath no Law you must abilitate the State to do what you do by Petition require It is wished we begin with Grievances I deny not that we prepare them but shall we offer them first will not this seem a Condition with his Majesty do we not deal with a wise King jealous of his Honor All Subsidies cannot advantage his Majesty so much as that his Subjects do agree to Supply him This will amaze the Enemy more then ten Subsidies begin therefore with the King and not with our selves This dayes Debate said Sir Robert Philips makes me call to minde the custom of the Romans who had a solemn feast once a year for their Slaves at which time they had liberty without exception to speak what they would whereby to ease their afflicted minds which being finished they severally returned to their former servitude This may with some resemblance and distinction well set forth our present State where now after the revolution of some time and grievous sufferings of many violent oppressions we have as those Slaves had a day of liberty of speech but shall not I trust be herein Slaves for we are free we are not Bondmen but Subjects these after their Feast were Slaves again but it is our hope to return Freemen I am glad to see this mornings work to see such a sense of the Grievances under which we groan I see a concurrence of grief from all parts to see the Subject wronged and a fit way to see the Subject righted I expected to see a division but I see honorable conjunction and I take it a good Omen It was wished by one that there were a forgetfulness of all let him not prosper that wisheth it not No there is no such wayes to perfect remedy as to forget injuries but not so to forget as not to recover them It was usual in Rome to bury all injuries on purpose to recover them It was said by a Gentleman that ever speaks freely We must so govern our selves as if this Parliament must be the Chrysis of all Parliaments and this the last I hope well and there will be no cause for the King our Head to except against us or we against him The dangers abroad are presented to us he is no English man that is not apprehensive of them We have provoked two Potent Kings the one too near who are too strongly joyned together the dangers are not Chimerical but real I acknowledge it but it must be done in proportion of our dangers at home I more fear the violation of Publick Rights at home then a Forein Enemy Must it be our duties and direction to defend Forein dangers and establish security against them and shall we not look at that which shall make us able and willing thereunto We shall not omit to confide and trust his Majesty otherwise our Councils will be with fears and that becomes not Englishmen The unaccustomed violences I have nothing but a good meaning â—rench into all we have To the four particulars already mentioned wherein we suffer one more may be added Lest God forbare to hear me in the day of my trouble our Religion is made vendible by Commissions Alas now a tolleration is granted little less and men for pecuniary annual rates dispenced withal whereby Papists without fear of Law practise Idolatry and scoff at Parliaments at Laws and all it is well known the people of this State are under no other subjection then what they did voluntarily consent unto by the original contract between King and people and as there are many Prerogatives and Priviledges conferred on the King so there are left to the Subject many necessary Liberties and Priviledges as appears by the Common Laws and Acts of Parliament notwithstanding what these two Sycophants have prated in the Pulpit to the contrary Was there ever yet King of England that directly ever violated the Subjects Liberty and Property but their actions were ever complained of in Parliament and no sooner complained of then redressed 21 E. 3. there went out a Commission to raise money in a strange manner the succeeding Parliament prayed redress and till H. 8. we never heard of the said Commissions again Another way was by Loan a worm that cankered the Law the Parliament did redress it and that money was paid again The next little Engine was Benevolence what the force of that was look into the Statute of R. 3. which damned that particular way and all other indirect wayes Since the Right of the Subject is thus bulwarkt by the Law of the Kingdom and Princes upon complainâ— have redressed them I am confident we shall have the like cause of joy from his Majesty I will here make a little digression The County I serve for were pleased to command me to seek the removal from them of the greatest burthen that ever people suffered It was excellently said Commissionary Lieutenants do deprive us of all Liberty if ever the like was seen of the Lieutenancy that now is I will never be believed more They tell the people they must pay so much upon a warrant from a Deputy Lieutenant or be bound to the good behavior and sent up to the Lords of the Council it is the strangest Engine to rend the Liberty of the Subject that ever was there was now a Decemviri in every County and amongst that
yet acknowledged that the seven Statutes urged by the House of Commons are in force yet said that some of them are in general words and therefore conclude nothing but are to be expounded by Precedents and some of them are applied to the suggestion of Subjects and not to the Kings command simply of its self and that per legem terrae in Magna Charta cannot be understood for process of Law and original Writs for that in Criminal proceedings no original Writ is usual at all but every Constable either for Felony or breach of the Peace or to prevent the breach of the Peace may commit without Process or original Writ it were very hard the King should not have the power of a Constable They also argued That the King was not bound to express the cause of Imprisonment because there may be in it matter of State not fit to be revealed for a time lest the confederates thereupon make means to escape the hands of Justice Besides that which the Commons do say that the party ought to be delivered or bailed is a contradiction in its self for bayling doth signifie a kinde of Imprisonment still Delivery is a total freeing And besides bayling is a grace or favor of a Court of Justice and they may refuse to do it To this it was replyed That the Statutes were direct in Point and though some of them speak of suggestions of the Subjects yet they are in equal reason a commitment by command of the King as when the King taketh notice of a thing himself And for the words per legem terrae original Writs onely are not intended but all other legal process which comprehendeth the whole proceedings of the Law upon Cause other then trial by Jury and the course of the Law is rendred by due process of the Law and no man ought to be imprisoned by special command without indictment or other due process to be made by the Law And whereas it is said there might be danger in revealing the Cause that may be avoided by declaring a general Cause as for Treason suspicion of Treason misprision of Treason Felony without expressing the particulars which can give no greater light to a confederate then will be conceived upon the very apprehension upon the imprisonment if nothing at all were expressed And as for the bayling of the party committed it hath ever been the discretion of the Judges to give so much respect to a commitment by the command of the King or the privy Councel which are ever intended to be done in just and weighty Cases that they will not presently set them free but bail them to answer what shall be objected against them on the Kings behalf but if any other inferior Officer do commit a man without shewing cause they do instantly deliver him as having no cause to expect their leasure so that Delivery is applyed to the imprisoned by command of some mean minister of Justice Bailing when it is done by command of the King or his Councel and though Bailing is a grace and favor of the Court in case of Felony and other crimes for that there is another way to discharge them in convenient time by their trial but where no cause of imprisonment is returned but the command of the King there is no way to deliver such persons by trial or otherwise but that of the Habeas Corpus and if they should be then remanded they might be perpetually imprisoned without any remedy at all and consequently a man that had committed no offence might be in a worse case then a greater offender for the latter should have an ordinary trial to discharge him the other should never be delivered MAster Selden of the Inner-Temple argued next first making this Introduction Your Lordships have heard from the Gentleman that last spake a great part of the grounds upon which the House of Commons upon mature deliberation proceeded to that clear resolution touching the right of liberty of their persons The many Acts of Parliament which are the written Laws of the Land and are expresly in the Point have bin read and opened and such Objections as have been by some made unto them and Objections also made out of another Act of Parliament have been cleared and answered It may seem now perhaps my Lords that little remains needful to be further added for the enforcement and maintenance of so fundamental and established a Right and Liberty belonging to every freeman of the Kingdom The House of Commons taking into consideration that in this question being of so high a nature that never any exceeded it in any Court of Justice whatsoever all the several ways of just examination of the Truth should be used have also most carefully informed themselves of all former Judgements or Precedents concerning this great Point either way and have been no less careful of the due preservation of his Majesties just Prerogative then of their own Rights The Precedents here are of two kinds either meerly matter of Record or else the former resolutions of the Judges after solemn debate in the Point This Point that concerns Precedents the House of Commons have commanded me to present to your Lordships which I shall as briefly as I may so I do it faithfully and perspicuously to that end my Lords before I come to the particulars of any of those Precedents I shall first remember to your Lordships that which will seem as a general key for the opening and true apprehension of all them of record without which key no man unless he be verst in the entries and course of the Kings Bench can possibly understand In all cases my Lords where any Right or Liberty belongs to the Subjects by any positive Law written or unwritten if there were not also a remedy by Law for enjoying or regaining of this Right or Liberty when it is violated or taken from him the positive Law were most vain and to no purpose and it were to no purpose for any man to have any right in any Land or other Inheritance if there were not a known remedy that is an Action or Writ by which in some Court of ordinary Justice he might recover it And in this case of Right of Liberty of Person if there were not a remedy in the Law for regaining it when it is restrained it were of no purpose to speak of Laws that ordain it should not be restrained The Writ of Habeas Corpus or Corpus cum causa is the highest remedy in Law for any man that is imprisoned and the onely remedy for him that is imprisoned by the special command of the King or the Lords of the pâ—ivy Councel without shewing cause of the commitment and if any mâ—n be so imprisoned by any such Command or otherwise whatsoever though England and desire by himself or any other in his behalf this Writ of Hab. Corp. for the purpose in the Court of Kings Bench that Writ is to be granted to him
absurd and unreasonable thing to send a Prisoner to a Roman Emperor and not to write along with him the Cause alledged against him send therefore no man a Prisoner without his causes along with him Hoc fac vives and that was the first reason a tuto that it was not safe for the King in regard of Loss to commit men without a Cause The second Reason is That such commitments will destroy the endeavors of all men Who will endeavor to imploy himself in any profession either of War Merchandise or of any liberal knowledge if he be but Tenant at will of his Liberty for no Tenant at will will support or improve any thing because he hath no certain estate Ergo to make men Tenants at will of their Liberties destroys all industry and endeavors whatsoever And so much for these six principal Reasons A re ipsa A minore ad majus A remediis From the extent and universality From the infiniteness of the time A fine Loss of Honor. Loss of Profit Loss of Security Loss of Industry These were his Reasons Here he made another Protestation That if remedy had been given in this Case they would not have medled therewith by no means but now that remedy being not obtained in the Kings Bench without looking back upon any thing that hath been done or omitted they desire some provision for the future onely And here he took occasion to adde four Book Cases and Authorities all in the Point saying That if the learned Councel on the other side could produce but one against the Liberties so pat and pertinent oh how they would hug and cull it 16. H. 6. tit monstrance de faits 82. by the whole Court the King in his Presence cannot command a man to be arrested but an action of false imprisonment lieth against him that arresteth if not the King in his royal Presence then none others can do it Non sic itur ad astra 1. Hen. 7.4 Hussey reports the opinion of Markham chief Justice to Edw. 4. that he could not imprison by word of mouth and the reason because the party hath no remedy for the Law leaves every man a remedy of causless imprisonment he added that Markham was a worthy Judge though he fell into adversities at last by the Lord Rivers his means Fortescue Chap. 8. Proprio ore nullus Regum usus est to imprison any man c. 4. Eliz. Times blessed and renowned for Justice and Religion in Pl. 235. the common Law hath so admeasured the Kings Prerogative as he cannot prejudice any man in his inheritance and the greatest inheritance a man hath is the liberty of his Person for all others are accessary to it for thus he quoted the Orator Major haereditas venit unicuique nostrum a Jure legibus quam a parentibus And these are the four Authorities he cited in this point Now he propounded and answered two Objections First in point of State Secondly in the Course held by the House of Commons May not the Privy Councel commit without cause shewed in no matter of State where secrecie is required would not this be an hinderance to his Majesties service It can be no prejudice to the King by reason of matter of State for the cause must be of a higher or lower nature if it be for suspicion of Treason misprision of Treason or Felony it may be by general words couched if it be for any other thing of smaller nature as contempt and the like the particular cause must be shewed and no individuum vagum or uncertain cause to be admitted Again if the Law be so clear as you make it why needs the Declaration and Remonstrance in Parliament The Subject hath in this Case sued for remedy in the Kings Bench by Habeas Corpus and found none therefore it is necessary to be cleared in Parliament And here ends his Discourse And then he made a recapitulation of all that had been offered unto their Lordships That generally their Lordships had been advised by the most faithful Counsellors that can be dead men these cannot be daunted by fear nor muzled by affection reward or hope of preferment and therefore their Lordships might safely believe them particularly their Lordships had three several kinds of Proofs 1. Acts of Parliament judicial Precedents good Reasons First you have had many ancient Acts of Parliament in the Point besides Magna Charta that is seven Acts of Parliament which indeed are thirty seven Magna Charta being confirmed thirty times for so often have the Kings of England given their royal Assents thereunto 2. Judicial Precedents of grave and reverend Judges in terminis terminantibus that long since departed the world and they were many in number Precedents being twelve and the Judges four of a Bench made four times twelve and that is forty eight Judges 3. You have as he tearmed them vividas rationes manifest and apparent Reasons Towards the conclusion he declared to their Lordships That they of the House of Commons have upon great study and serious Consideration made a great manifestation unanimously Nullo contradicente concerning this great liberty of the Subject and have vindicated and recovered the Body of this fundamental Liberty both of their Lordships and themselves from shadows which sometimes of the day are long sometimes short and sometimes long again and therefore we must not be guided by shadows and they have transmitted to their Lordships not capita rerum Heads or Briefs for these compendia are dispendia but the Records at large in terminis terminantibus and so he concluded that their Lordships are involved in the same danger and therefore ex congruo condigno they desired a Conference to the end their Lordships might make the like Declaration as they had done Commune periculum commune requirit auxilium and thereupon take such further course as may secure their Lordships and them and all their Posterity in enjoying of their ancient undoubted and fundamental Liberties The two next days were spent in the Debate about Billeting of Soldiers upon the Subject against Law THursday the 10. of April Mr. Secretary Cook delivered this Message from the King That his Majesty desireth this House not to make any recess these Easter Holidays that the world may take notice how earnest his Majesty and we are for the publique affairs in Christendom the which by such a recess would receive interruption THis Message for non-recess was not well pleasing to the House SIr Robert Phillips first resented it and took notice That in 12. and 18. Iac. upon the like intimation the House resolved it was in their power to adjourn or sit hereafter said he this may be put upon us by Princes of less Piety let a Committee consider hereof and of our right herein and to make a Declaration And accordingly this matter touching his Majesties pleasure about the recess was referred to a Committee and to consider
Petition his Majesty made this reply Mr. Speaker and Gentlemen when I sent you my last Message I did not expect a reply for I intended it to hasten you I told you at your first meeting this time was not to be spent in words and I am sure it is less fit for disputes which if I had a desire to entertain Mr. Speakers preamble might have given me ground enough The question is not now what Liberty you have in disposing of matters handled in your House but rather at this time what is fit to be done Wherefore I hope you will follow my example in eschewing Disputations and fall to your important business You make a Protestation of your affection and zeal to my Prerogative grounded upon such good and just Reasons that I must believe you But I look that you use me with the like charity to believe what I have declared more then once since your meeting with us that I am as forward as you for the preservation of your true Liberties Let us not spend so much time in this that may hazard both my Prerogative and your Liberties to our enemies To be short go on speedily with your businesses without any more Apologies for time calls fast on you which will neither stay for you nor me Wherefore it is my duty to hasten as knowing the necessity of it and yours to give credit to what I say as to him that sits at the Helm For what concerns your Petition I shall make answer in a convenient time FRom this time to the 25th of the same Moneth the House in a grand Committee spent most of their time in Debate about Martial Law and part thereof in giving the Lords a meeting at two Conferences concerning some Resolves in order to a Petition of Right transmitted by the Commons to their Lordships at which time Sir Robert Heath and Serjeant Ashley the Kings Councel were permitted to argue against the same and Serjeant Ashley in his discourse said The Propositions made by the Commons tended rather to an Anarchy then a Monarchy 2. That if they be yielded unto it is to put a Sword into the Kings hand with one hand and to take it out with the other 3. That they must allow the King to govern by Acts of State otherwise he is a King without a Councel or a Councel without a Power 4. That the question is too high to be determined by Law where the Conqueror or conquered will suffer irreparable loss For which expressions the Lords called the Serjeant to an account and committed him to custody and afterwards he recanted what he said Friday 25 of April The Lords had a Conference with the Commons where the Lord Archbishop of Canterbury spake as followeth Gentlemen of the House of Commons THe Service of the King and safety of the Kingdom do call on my Lords to give all speedy expedition to dispatch some of these great and weighty Businesses before us For the better effecting whereof my Lords have thought fit to let you know that they do in general agree with you and doubt not but you will agree with us to the best of your powers to maintain and support the fundamental Laws of the Kingdom and the fundamental Liberties of the Subject For the particulars which may hereafter fall into Debate they have given me in charge to let you know That what hath been presented by you unto their Lordships they have laid nothing of it by they are not out of love with any thing that you have tendred unto them They have Voted nothing neither are they in love with any thing proceeding from themselves For that which we shall say and propose is out of an intendment to invite you to a mutual and free Conference that you with a confidence may come to us and we with confidence may speak with you so that we may come to a conclusion of those things which we both unanimously desire We have resolved of nothing designed or determined of nothing but desire to take you with us praying help from you as you have done from us My Lords have thought of some Proposions which they have ordered to be read here and then left with you in Writing That if it seem good to you we may uniformly concur for the substance and if you differ that you would be pleased to put out adde alter or diminish as you shall think fit that so we may come the better to the end that we do both so desirously embrace Then the Propositions following were read by the Clerk of the upper House THat his Majesty would be pleased graciously to Declare That the good old Law called Magna Charta and the six Statutes conceived to be Declarations and Explanations of that Law do still stand in force to all intents and purposes 2. That his Majesty would be pleased graciously to Declare That according to Magna Charta and the Statutes afore named as also according to the most ancient Customs and Laws of this Land every free Subject of this Realm hath a fundamental Propriety in his Goods and a fundamental Liberty of his Person 3. That his Majesty would be graciously pleased to Declare That it is his Royal pleasure to ratifie and confirm unto all and every his Loyal and faithful Subjects all their ancient several just Liberties Priviledges and Rights in as ample and beneficial maner to all intents and purposes as their Ancestors did enjoy the same under the best of his most noble Progenitors 4. That his Majesty would be further pleased graciously to Declare for the good content of his loyal Subjects and for the securing of them from future fear That in all Cases within the Cognizances of the Common Law concerning the liberties of the Subject his Majesty would proceed according to the Common Law of this Land and according to the Laws established in the Kingdom and in no other maner or wise 5. As touching his Majesties Royal Prerogative intrinsical to his Soveraignty and betrusted him withal from God ad communem totius populi salutem non ad destructionem that his Majesty would resolve not to use or divert the same to the prejudice of any his loyal People in the propriety of their Goods or liberty of their Persons And in case for the security of his Majesties royal Person the common safety of his People or the peaceable Government of this Kingdom his Majesty shall finde just cause for reason of State to imprison or restrain any mans Person his Majesty would graciously Declare That within a convenient time he shall and will express the cause of the commitment or restraint either General or Special and upon a cause so expressed will leave him immediately to be tryed according to the common Justice of the Kingdom After the reading of the Propositions the Archbishop said THis is but a Model to be added unto altered or diminished as in your reasons and wisdoms ye shall think fit after ye
our House hath taken this very Session in these words I A. B. do utterly testifie and declare in my conscience That the Kings Highness is the Supreme or Soveraign Governor of this Realm in all Causes c. and to my utmost Power will assist and defend all jurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness or united or annexed to the Imperial Crown of this Realm c. So that your Lordships need not to borrow from our Protestations any Exhortations to us to entertain a Writing in assistance of the Kings Soveraign Power since we stand obliged by the most sacred Bond of a solemn Oath to assist and defend the same if cause and occasion so required So that the onely question between your Lordships and us is whether this Clause should be added to our Petition and received into it as part thereof which to do your Lordships reasons have not perswaded us because so to admit it were to overthrow the fabrick and substance of our Petition of Right and to annihilate the Right pretended by us and the Petition it self in effect For these words being added to our Petition viz. we humbly present this Petition c. with due regard to leave entire your Soveraign Power c. do include manifestly an Exception to our Petition and an Exception being of the nature of the thing whereunto it is an Exception Exceptio est de regula must of necessity destroy the Rule or Petition so far as to the case excepted Exceptio firmat regulam in casibus non exceptis in casibus except is destruit regulam Then this Construction followeth upon our Petition thus enlarged that after we have petitioned that no freeman should be compelled by imprisonment to lend or contribute money to his Majesty without his assent in Parliament nor receive against his will Soldiers into his house or undergo a Commission of Marshal Law for Life or Member in time of Peace we should adde Except his Majesty be pleased to require our monies and imprison us for not lending and send Soldiers into our houses and execute us by Marshal Law in time of Peace by vertue of his Soveraign Power which construction as it followeth necessarily upon this inlargement so it concludeth against our right in the Premises and utterly frustrateth all our Petition neither may it seem strange if this Clause additional which of it self in quality of a Proposition we confess being added to our Petition which also is true should overthrow the very frame and fabrick of it seeing the Logicians take knowledge of such a Fallacy called by them Fallacia a bene divisis ad male conjuncta Horace the Poet giveth an instance to this purpose in a Painter who when he had painted the Heaâ— of a man according to Art would then joyn to it the neck of a Horse and so mar the one and the other whereas each by it self might have been a piece of right good workmanship The second branch of my Lord Keepeâ—s rational part was enforc'd out of the last words of this addition by which his Lordship said that they did not leave intire all Soveraign Power but that wherewith his Majesty is trusted for the Protection Safety and Happiness of the People as if his Lordship would infer that Soveraign Power wherewith c. in this place to be Terminum diminuentem a Term of diminution or qualification and in that consideration might induce us to accept it But under his Lordships correction we cannot so interpret it For first we are assured that there is no Soveraign Power wherewith his Majesty is trusted either by God or man but onely that which is for the Protection Safety and Happiness of his people and therefore that limitation can make no impression upon us but we conceive it rather in this place to have the force Termini adaugentis to be a Term of important advantage against our Petition a Term of restriction and that wheresoever his Majesties Soveraign Power should be exercised upon us in all and every the particulars mentioned in the Petition we should without further enquiry submit thereunto as assuming and taking it pro concesso it induced to our Safety and Happiness c. Since therefore as the Petition is now conceived it carrieth the form and face of a Picture which representeth to the life the pressures and grievances of the people with the easie remedies And therefore we hope that his Majestie casting upon it a gracious eye will compassionate his poor Loyal Subjects and afford a comfortable answer I do humbly pray your Lordships not to mar or blemish the grace and face of this Picture with this unnecessary addition and unnecessary I prove it to be according to that Rule Expressio ejus quod tacite inest nihil operatur And Soveraign Power in cases where it hath place and ought to be used is always necessarily understood and though not expressed yet supplyed by reasonable intendment or by the opinion of all Learned men And therefore as it neither is nor can be by us expresly included especially in this Petition where the addition thereof would make such a confusion of the whole sense and substance The Kings Soveraign Power and Prerogative is always able to save it self and if it were not we must without this addition save it to our utmost powers if we will save our Oath and save our selves the true state of the cause thus standing between your Lordships and us the House of Commons doth not a little marvel upon what grounds your Lordships are so earnest to urge upon them this addition to be inserted into their Petition they nothing doubt but that the same proceeded out of a sollicitude and fear which your Lordships have lest otherwise the simple and absolute passage of this Petition might be construed hereafter in prejudice of his Majesties Soveraign Power And this your Lordships sollicitude and fear proceedeth from your love as the Poet saith Res est solliciti plena timoris Amor. But I humbly pray your Lordships to examine with us the grounds of this your sollicitude and fear which grounds needs must be laid either upon the words of the Petition or the intention of the Petitioners Upon the words there is no possibility to lay them for therein is no mention made of the Soveraign Power and were the words doubtful as thus We pray the like things be nor done hereafter under pretext of your Majesties Soveraign Power yet in respect of the Protestations preceding concomitant and subsequent to the Petition such doubtful words ought reasonably to be interpreted onely of such Soveraign Power as was not appliable to the Cases wherein it was exercised and of such Soveraign Power as should be justly practised but there are no such doubtful words and therefore it followeth that your Lordships fear and sollicitude must be grounded upon the intention of the Petitioners Now your Lordships well know that the House of Commons is not
Bill shew and declare against Roger Manwaring Clerk Dr. in Divinity That whereas by the Laws and Statutes of this Realm the free Subiects of England do undoubtedly inherit this Right and Liberty not to be compelled to contribute any Tax Tollage Aid or to make any Loans not set or imposed by common consent by Act of Parliament And divers of his Majesties loving Subjects relying upon the said Laws and Customes did in all humility refuse to lend such sums of Moneys without Authority of Parliament as were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrarâ— to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is to say the fourth day of July last one of the said Sermons and upon the 29. day of the same Moneth the other of the said Sermons both which Sermons he hath since published in print in a Book intituled Religion and Allegiance and with a wicked and malitious intention to seduce and misguide the Conscience of the Kings most excellent Majesty touching the observation of the Laws and Customes of this Kingdom and of the Rights and Liberties of the Subjects to incense his Royal displeasure against his good Subjects so refusing to scandalize subvert and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to alienate his Royal heart from his People and to cause jealousies sedition and division in the Kingdom He the said Roger Manwaring doth in the said Sermons and Book perswade the Kings most excellent Majesty First that his Majesty is not bound to keep and observe the good Laws and Customes of this Realm concerning the Rights and Liberties of the Subjects aforementioned And that his Royal Will and Command in imposing Loans Taxes and other Aids upon his people without common consent in Parliament doth so far binde the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of eternal damnation Secondly that those of his Majesties loving Subjects which refused the Loan aforementioned in such manner as is before recited did therein offend against the Law of God against his Majesties Supreme Authority and by so doing became guilty of Impiety Dissoialty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several parts of his Book doth most falsly and malitiously lay upon them Thirdly that authority of Parliaments is not necessary for the raising of Aids and Subsidies that the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State but rather apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and Book but likewise by several Clauses Assertions and Sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and Book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the Consciences of all his Servants and chiefly of Soveraign Princes and Magistrates and for the maintenance of the peace and concord betwixt all men especially betwixt the King and his People and hath thereby most grievously offended against the Crown and Dignity of his Majesty and against the Prosperity and good Government of this State and Common-wealth And the said Commons by protestation saving to themselves the Liberty of exhibiting at any time hereafter any other occasion or impeachment against the said Roger Manwaring and also of replying to the answers which he the said Roger shall make unto any of the matters contained in this present Bill of Complaint and of offering further proof of the premises or of any of them as the Cause according to the Course of Parliament shall require do pray that the said Roger Manwaring may be put to answer to all and every the premises and that such proceeding examination trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Iustice. This Declaration ingrossed in Parliament being read Mr. Pym addressed himself to the Lords in this manner THat he should speak to this Cause with more confidence because he saw nothing out of himself that might discourage him If he considered the matter the Offences were of an high nature of easie proof if he considered their Lordships who were the Judges of their own interest their own honour the example of their Ancestors the care of their Posterity would all be Advocates with him in this Cause on the behalf of the Commonwealth if he considered the King our Soveraign the pretence of whose Service and Prerogative might perchance be sought unto as a Defence and Shelter for this Delinquent he could not but remember that part of his Majesties Answer to the Petition of Right of both Houses that he held himself bound in conscience to preserve those Liberties which this man would perswade him to impeach He said further that he could not but remember his Majesties love to Piety and Justice manifested upon all occasions and he knew love to be the root and spring of all other passions and affections A man therefore hates because he sees somewhat in that which he hates contrary to that which he loves a man therefore is angry because he sees somewhat in that wherewith 〈◊〉 â—ngry that gives impediment and interruption to the accomplishment of that which he loves If this be so by the same act of his Apprehension by which he believes his Majesties love to Piety and Justice he must needs believe his hate and detestation of this man who went about to withdraw him from the exercise of both Then he proceeded to that which he said was the Task enjoyned him to make good every Clause of that which had been read unto them which that he might the more clearly perform he prepounded to observe that order of parts unto which the said Declaration was naturally dissolved 1. Of the Preamble 2. The Body of the Charge 3. The Conclusion or Prayer of the Commons The preamble consisted altogether of recital first of the Inducements upon which the Commons undertook this complaint The second of those Laws and Liberties against which the offence was committed The third of the violation of those Laws which have relation to that offence From the connexion of all those recitals he said there did result three Positions which he was to maintain as the ground-work and foundation of the whole Cause The first that the form of Government in any State could not be altered without apparent danger of ruine to that State The second the Law of England whereby the Subjects was exempted from Taxes and Loans not granted by common consent of Parliament was not introduced by any Statute or by any Charter or Sanction of Princes but was
the Antient and Fundamental Law issuing from the first frame and constitution of the Kingdom The third that this Liberty of the Subject is not onely most convenient and profitable for the People but most honourable most necessary for the King yea in that point of supply for which it was endeavored to be broken The form of Government is that which doth actuate and dispose every part and member of a State to the common good and as those parts give strength and ornament to the whole so they receive from it again strength and protection in their several stations and degrees If this mutual relation and intercourse be broken the whole frame will quickly be dissolved and fall in pieces and in stead of this concord and interchange of support whilest one part seeks to uphold the old form of Government and the other part to introduce a new they will miserably consume and devour one another Histories are full of the calamities of whole States and Nations in such cases It is true that time must needs bring some alterations and every alteration is a step and degree towards a dissolution those things onely are eternal which are constant and uniform Therefore it is observed by the best Writers upon this Subject that those Commonwealths have been most durable and perpetual which have often reformed and recomposed themselves according to their first Institution and Ordinance for by this means they repair the breaches and counterwork the ordinary and natural effect of time The second question is as manifest there are plain footsteps of those Laws in â—he Government of the Saxons they were of that vigor and force as to overlive the Conquest nay to give bounds and limits to the Conqueror whose victory gave him first hope but the assurance and possession of the Crown he obtained by composition in which he bound himself to observe these and the other antient Laws and Liberties of the Kingdom which afterwards he likewise confirmed by oath at his Coronation from him the said Obligation descended to his Successors It is true they have been often broken they have been often confirmed by Charters of Kings by Acts of Parliaments but the Petitions of the Subjects upon which those Charters and Acts were founded were ever Petitions of Right demanding their antient and due Liberties not suing for any new To clear the third Position he said may seem to some men more a Paradox That those Liberties of the Subject should be so honorable so profitable for the King and most necessary for the supply of his Majesty It hath been upon another occasion declared that if those Liberties were taken away there should remain no more industry no more justice no more courage who will contend who will endanger himself for that which is not his own But he said he would not insist upon any of those points nor yet upon other very important he said that if those Liberties were taken away there would remain no means for the Subjects by any act of Bounty or Benevolence to ingratiate themselves to their Soveragn And he desired their Lordships to remember what profitable Prerogatives the Laws had appointed for the support of Soveraignty as Wardships Treasures trove Felons-goods Fines Amercements and other Issues of Courts Wrecks Escheats and many more too long to be enumerated which for the most part are now by Charters and Grants of several Princes dispersed into the hands of private Persons and that besides the antient Demeasnes of the Crown of England William the Conqueror did annex for the better maintenance of his Estate great proportions of those Lands which were confiscate from those English which persisted to withstand him and of these very few remain at this day in the Kings possession And that since that time the revenue of the Crown had been supplied and augmented by Attainders and other Casualties in the age of our Fathers by the dissolution of Monasteries and Chantries neer a third part of the whole Land being come into the Kings possession He remembred further that constant and profitable Grant of the Subjects in the Act of Tonnage and Poundage And all these he said were so alienated anticipated overcharged with annuities and assignments that no means were left for the pressing and important occasions of this time but the voluntary and free gift of the Subjects in Parliament The hearts of the People and their bounty in Parliament is the onely constant Treasure and Revenue of the Crown which cannot be exhausted alienated anticipated or otherwise charged and incumbred In his entrance into the second part he propounded these Steps by which he meant to proceed 1. To shew the state of the Cause as it stood both in the Charge and in the Proof that so their Lordships might the better compare them both together 2. To take away the pretences of mitigations and limitations of his Opinions which the Doctor had provided for his own defence 3. To observe those circumstances of Aggravation which might properly be annexed to his Charge 4. To propound some Precedents of former times wherein though he could not match the offence now in question for he thought the like before had never been committed yet he should produce such as should sufficiently declare how forward our Ancestors would have been in the prosecution and condemning of such offences if they had been then committed The Offence was prescribed in a double maner First by the general scope and intention and by the matter and particulars of the Fact whereby that intention was expressed In the description of the intention he observed six Points every one of which was a Character of extreme malice and wickedness 1. His attempt to misguide and seduce the Conscience of the King 2. To incense his Royal Displeasure against his Subjects 3. To scandalize impeach and subvert the good Laws and Government of the Kingdom and Authority of Parliaments 4. To avert his Majesties minde from calling of Parliaments 5. To alienate his royal Heart from his People 6. To cause Jealousies Sedition and Division in the Kingdom Of these particulars he said he would forbear to speak further till he should come to those parts of the Fact to which they were most properly to be applied The Materials of the Charge were contrived into three distinct Articles the first of these comprehended two Clauses 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the right and liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common consent in Parliament 2. That his Majesties Will and Command in imposing any Charges upon his Subjects without such consent doth so far bind them in their Consciences that they cannot refuse the same without peril of eternal damnation Two kinds of Proof were produced upon this Article The first was from some assertions of the Doctors concerning the power of Kings in general but by necessary consequence
contribute any Right to Kings whereby to challenge tributary Aids and Subsidiary helps but for the more equal imposing and more easie exacting of that which unto Kings doth appertain by natural and original Law and Justice as their proper inheritance annexed to their Imperial Crowns from their Birth And therefore if by a Magistrate that is Supreme if upon necessity extreme and urgent such subsidiary helps be required a proportion being held respectively to the ability of the persons charged and the sum and quantity so required surmount not too remarkably the use and charge for which it was levyed very hard would it be for any man in the World that should not accordingly satisfie such demands to defend his conscience from that heavy prejudice of resisting the Ordinance of God and receiving to himself damnation though every of those circumstances be not observed which by the municipal Law is required Secondly if they would consider the importunities that often may be urgent and pressing necessaries of State that cannot stay without certain and apparent danger for the motion and revolution of so great and vast a Body as such Assemblies are nor yet abide their long and pausing deliberation when they are assembled nor stand upon the answering of those jealous and over-wary Cautions and Objections made by some who wedded overmuch to the love of epidemical and popular Errors and bent to cross the most just and lawful designs of their wise and gratious Soveraign and that under the plausible shews of singular liberty and freedom which if their Conscience might speak would appear nothing more then the satisfying either of private humors passions or purposes He said he needed not draw any Arguments or Conclusions from these places the substance of the Charge appeared sufficiently in the words themselves and to this third Article he fixed two other of these six Characters of malice That it is his wicked intention to avert his Majesties minde from calling of Parliaments and to cause Jealousies Seditions and Divisions in the Kingdom which he shortly inforced thus If Parliaments be taken away Mischiefs and Disorders must needs abound without any possibility of good Laws to reform them Grievances will dayly increase without opportunity or means to redress them and what readier way can there be to distractions betwixt the King and People to tumults and distempers in the State then this And so he concluded this third Article of the Charge The Limitations whereby the Doctor had provided to justifie or at least to excuse himself were propounded to be three 1. That he did not attribute to the King any such absolute Power as might be exercised at all times or upon all occasions according to his own pleasure but onely upon necessity extreme and urgent 2. That the sum required must be proportionable to the ability of the party and to the use and occasion 3. That he did not say That the substance of the Municipal or National Laws might be omitted or neglected but the Circumstances onely To these were offered three Answers the first general the other two particular The general Answer was this that it is all one to leave the Power absolute and to leave the judgement arbitrary when to execute that Power for although these limitations should be admitted yet it is left to the King alone to determine what is an urgent and pressing necessity what is a just proportion both in respect of the ability and of the use and occasion and what shall be said to be a Circumstance and what of the Substance of the Law and the Subject is left without remedy the legal bounds being taken away no private person shall be allowed to oppose his own particular opinion in any of these points to the Kings Resolution so that all these limitations though specious in shew are in effect fruitless and vain The first particular Answer applied to that limitation of urgent necessity was taken from the case of Normandy as it appears in the Comentaries of Guilme Jermie upon the customary Laws of that Dutchy they having been opprest with some grievances contrary to this Franchise made their complaint to Lewis the tenth which by his Charter in the year 1314. acknowledging the Right and Custome of the Countrey and that they had been unjustly grieved did grant and provide that from thence forward they should be free from all Subsidies and Exactions to be imposed by him and his Successors yet with this clause Si necessitie grand ne le requiret which small exception has devoured all these Immunities for though these States meet every year yet they have little or no power left but to agree to such Levies as the King will please to make upon them The second particular Answer applied to the limitation and diminution of this Power which may be pretended to be made by this word Circumstance as if he did acknowledge the King to be bound to the substance of the Law and free onely in regard of the manner whereas if the places be observed it will appear that he intends by that word the Assembly of Parliaments and assent of the People such Contribution which is the very Substance of the Right and Liberty now in question The Circumstances of Aggravation observed to be annexed to this Cause were these The first from the place where these Sermons were preached the Court the Kings own Family where such Doctrine was before so well believed that no man needed to be converted Of this there could be no end but either Simoniacal by flattery and soothing to make way for his own preferment or else extreme malitious to add new afflictions to those who lay under his Majesties wrath disgraced and imprisoned and to enlarge the wound which had been given to the Laws and Liberties of the Kingdom The second was from the consideration of his holy Function He is a Preacher of Gods Word and yet he had endeavoured to make that which was the onely rule of Justice and Goodness to be the warrant for violence and oppression He is a Messenger of Peace but he had endeavoured to sow strife and dissension not onely amongst private persons but even betwixt the King and his People to the disturbance and danger of the whole State He is a Spiritual Father but like that evil Father in the Gospel he hath given his Children Stones in stead of Bread in stead of Flesh he hath given them Scorpions Lastly he is a Minister of the Church of England but he hath acted the part of a Romish Jesuit they labour our destruction by dissolving the Oath of Allegiance taken by the People he doth the same work by dissolving the Oath of Protection and Justice taken by the King A third point of Aggravation was drawn from the quality of these Authors upon whose authority he doth principally rely being for the most part Fryers and Jesuits and from his fraud and shifting in citing those Authors to purposes quite different from their own
he hath prefixed and still resoves to hold that so for this time all Christendom might take notice of a sweet parting between him and his people Which if it fall out his Majesty will not be long from another meeting when such if there be any at their leisure and convenience may be considered Mr. Speaker proceeded I will observe somewhat out of this Message ye may observe a great inclination in his Majesty to meet in this House I was bold yesterday to take notice of that liberty ye gave me to go to his Majesty I know there are none here but did imagine whither I went but that I knew ye where desirous and content that I should leave you I would not have desired it give me leave to say this Message bars you not of your Right in matter nay not in manner but it reacheth to his Councels past and for giving him Councel in those things which he commanded It is not his Majesties intentions to protect any Abetter of Spain The end of this was that we might meet again sweetly and happily The House of Lords likewise received this Message by the Lord Keeper MY Lords his Majestie takes notice to your great advantage of the proceedings of this house upon the hearing of his Majesties message yesterday He accounts it a fair respect that ye would neither agree of any Committee or send any Message to his Majesty though it were in your own hearts but yeild your selves to his Majesties Message and defer your own resolutions till you meet again at the time appointed by his Majesty Yet his Majesty takes it in extream good part to hear what was in your heart and especially that ye were so sensible of the inconvenience that might ensue upon the breach of this Parliament Which if it had happened or shall hereafter happen his Majesty assures himself that he shall stand clear before God and men of the occasion But his Majesty saith ye had just cause to be sensible of the danger considering how the estate of Christendom now stands in respect of the multitude and strength of our Enemies and weakness on our part All which his Majesty knows very exactly and in respect therereof called this Parliament the particulars his Majesty holds it needless to recite especially to your Lordships since they are apparant to all men Neither will it be needfull to reiterate them to his Majesty whose cares are most intentive upon them and the best remedy that can be thought on therein is if his Subjects do their parts Therefore his Majesty gives you hearty thanks and bad me tell you that nothing hath been more acceptable to him all the time of this Parliament then this dutiful and discreet carriage of your Lordships which he professeth hath been a chief motive to his Majesty to suspend those intentions that were not far from a resolution Sir Robert Philips assumed the Debate upon the Message delivered by the Speaker and said I rise up with a disposition somewhat in more hope of comfort then yesterday yet in regard of the uncertainty of Councels I shall not change much In the first place I must be bold without flattering a thing nor incident to me to tell you Mr. Speaker you have not only at all times discharged the duty of a good Speaker but of a good man for which I render you many thanks Another respect touching his Majesties Answer to our Petition First if that Answer fall out to be short I free his Majesty and I believe his Resolution was to give that that we all expected But in that as in others we have suffered by reason of interposed persons between his Majesty and us But this day is by intervenient accidents diverted from that but so as in time we go to his Majesty Therefore let us remove those jealousies in his Majesty of our Proceedings that by somâ— men over-grown have bin mispresented we have proceeded with temper in confidence of his Majesties goodness to us and our fidelity to him and if any have construed that what we have done hath been out of feare let him know we came hither free men and will ever resolve to endure the worst and they are poor men that make such interpretations of Parliaments in this way and method we proceeded and if any thing fall out unhappily it is not King Charles that advised himself but King Charles misadvised by others and misled by misordered Councel it becomes us to consider what we were doing and now to advise what is fit to be done We were taking consideration of the State of the Kingdome and to present to his Majesty the danger he and we are in iâ— since any man hath been named in particular though I love to speak of my betters with humility let him thank himself and his Councels but those necessary jealousies gives us occasion to name him I assure my self we shall proceed with temper and give his Majesty satisfaction if we proceed in that way his Majesties message is now explanatory in point of our liberties that he intends not to barre us of our rights and that he would not have any aspersion cast on the Councels past let us present to his Majesty shortly and faithfully and declare our intentions that we intend not to lay any aspersion upon him but out of a necessity to prevent the eminent dangers we are surrounded with and to present to him the affaires at home and abroad and to desire his Majesty that no interposition of mis-information of men in fault may prevaile but to expect the issue that shall be full of duty and Loyalty The Commons sent a message to the Lords that they would joyne in an humble request to the King that a clear and satisfactory answer be given by his Majesty in full Parliament to the petition of Right whereunto the Lords did agree Afterward the House was turned again into a Committee and considered of some more heads to be inserted into the Declaration or Remonstrance as the designe to bring into this Nation Forreign Forces under the command of Dolbeir And Burlemack was called into the House who confessed he received thirty thousand pound by Privy seal for the buying of Horses that one thousand of them are levied that those Horse and their Riders are to come over and Armes are provided for them in Holland but he â—eares a Countermand is gone to stay them The Privy Seal is in these Words CHarles by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To the Treasurer and under Treasurer for our Exchequer for the time being Greeting We do hereby will and command you out of our Treasury remaining in the receipt of our said Exchequer forthwith to pay or cause to be paid unto Philip Burlemack of London Merchant the summe of thirty thousand pounds to be paid by him over by Bill of Exchange into the Low-Countreys and Germany unto our Trusty and
of the Church he would take away occasion by commanding all persons that had any of those Books in their hands to deliver them to the Bishop of the Diocesse or if it be in either Universities to the Chancellor and Vice-Chancellor thereof who were commanded to suppresse them And if any by preaching reading or making of Books pro and contra concerning those unnecessary questions shall revive the difference he was resolved to take such order with them and those Books as they shall wish they had never thought upon those needlesse Controversies But ere this Proclamation was published the Books were for the most part vented and out of danger of seasure and the suppressing of all writing and preaching in Answer thereunto was it seems by some the thing mainly intended for the several answers made by Doctor Featly and Doctor Goad in their parallels by Master Burton Master VVard Master Yates Master VVotton as also by Francis Rows Esq in a Book called King Iames his Religion were all suppressed and divers of the Printers questioned in the high Commission Moreover Bishop Montague and Doctor Manwaring procured a Royal pardon of all Errors heretofore committed by them either in speaking writing or printing for which they might be hereafter questioned And Doctor Manwaring censured by the Lords in Parliament and perpetually disabled from future Ecclesiastical preferments in the Church of England was immediately presented to the Rectory of Stamford-Rivers in Essex and had a dispensation to hold it together with the Rectory of St. Giles in the fields The Town of Rochel was at this time straitly beleagured by the French King and the King of England had prepared a Fleet to relieve it under the Command of the Duke of Buckingham who being advanced as farre as Portsmouth on Saturday August 23. being Bartholomew Eve was suddenly slain in his own Lodgings there by one Leivtenant Felton about nine in the morning who with one blow having got a knife for the purpose struck the Duke under the left rib and up into the heart leaving the knife in his body and got away undiscovered In the fall to the ground the Duke was heard to say The villaine hath killed me Company coming presently in found him weltring in his blood and each person looking upon another marvelled who should do so horrid an act a jealousie was presently had of Monsieur Sobeez who was then there labouring for speedy relief to be sent to Rochel but he protesting his innocency Felton immediately stept out and said I am the man that did the deed let no man suffer that is innocent whereupon he was immediately apprehended sent to London and there imprisoned The King was within four miles of Portsmouth when the news was brought him of the death of the Duke he bid secure the murderer and Bishop Laud had advertisement of his death the 24th of August being then at Croiden with Bishop Neal and other Bishops consecrating Bishop Montague for Chichester Notwithstanding the death of the Duke the King pursued the design of relieving Rochel and again set out a Fleet with provision and fire-ships to put relief into the Town the Fleet went from Plymouth the beginning of September did several times attempt the Barricado but in vaine and so was enforced to give over any further attempt which the Rochellers perceiving gave themselves for lost and immediately came to a capitulation upon very mean tearmes as to themselves yet Lowes King of France was careful by Articles had they been performed that those outrages should not be committed upon the entry of the Town which the few remaining inhabitants were much afraid of and afterwards felt and so mixt mercy with his conquest yet presently after high outrages were committed and great was the persecution of the Reformed Churches which constrained them again to send to the King of England to implore aid with these expressions that what they writ was with their teares and their blood but the treaty being shortly after made between the two Crowns all things were setled in peace between the King and those of the reformed Religion Concerning the state of Rochel at the surrender we have seen a Relation to this purpose that the misery of the besieged was almost incredible having lived long upon Horse-flesh Hides and Leather Dogs and Cats hardly leaving a Horse alive still in hopes that the relief promised from England would prove effectual to them they held it so long till they were but about four thousand left alive of fifteen thousand souls most of them died with famine and when they begun to be pinched with the extremity of hunger they died so fast that they usually carried their Coffins into the Church-yard and other places and there laid themselves in and died great numbers of them being unburied when the forces of the King of France entred the Town and many corps eaten with Vermin Ravens and Birds The Fleet which thus put to sea for the Relief of Rochel was defective both in victuals which was tainted and in tackling and other materials insomuch as at the return thereof information being given to the King and Council of divers defaults and defects in the said ships victuals and provision of this and the former expedition to Rochel and in the discipline and performance of Commands and resolutions taken in that action to the great prejudice of the service it was ordered that the Earls of Denbigh Linsey and Morton and the Lord Wilmott and Master Secretary Cook should forthwith meet together and consider of the Relation made by the Earl of Linsey and inform themselves of defaults in the particulars before mentioned and make report thereof to the Board The Scots under the command of the Earl Morton and some Irish also were sent to quarter in the Isle of VVeight which Island was unacquainted with the quartering of Forreigners In Essex many robberies and outrages wâ—re committed by the Souldiers then returned from Sea Whereupon the Privy Councellors required the Justices of Peace in that County to choose a Provost Marshal for the apprehending of all such as wandred up and down the Country or behaved themselves dissorderly that they might be punished according to Law and to cause strong guards and watches to be kept in all passages And upon advertisement of some hostile preparations from forraign enemies the Privy Councel taking care for securing the coasts in Kent Sussex Hampshire Dorcetshire and Devonshire renued their directions to the Lords of those Counties for the careful watching of Beacons c. About the time the Fleet went last to the relief of Rochel the King being solicited by the Ambassadours of the King of Denmark and the united Provinces to send shipping to secure the Elbe and men for the defence of Lackstat resolved upon the sending of five Ships accordingly but first to dispatch the men for the relief of the Town the preservation whereof did mainly impart
Religion the precedency of Tunnage and poundage And in the Commitee Mr. Pymme spake as followeth TWo diseases there be said he the one old the other new the old Popery the new Arminianism there be three things to be inquired after concerning Popery 1. The cessation of the Execution of Laws against Papists 2. How the Papists have been imployed and countenanced 3. The Law violated in bringing in of superstitious ceremonies amongst us especially at Durham by Mr. Cozens as Angels Crucifixes Saints Altars Candles on Candlemas day burnt in the Church after the Popish manner For Arminianisme let it be advised 1. That a way be open for the truth 2. That whereas by the Articles set forth 1562. and by the Catechism set forth in King Edward the sixths days and by the writing of Martin Bucer and Peter Martyr who were employed in making our Articles and by the constant professions sealed by the blood of so many Martyrs as Cranmer Ridley and others and by the 36. Articles in Queen Elizabeths time and by the Articles agreed upon at Lambeth as the Doctrine of the Church of England which King Iames sent to Dort and to Ireland and were avowed by us and our State his Majesty hath expressed himself in preserving unity in Religion established though his royal intention notwithstanding hath been perverted by some to suppresse the truth Let us shew wherein these late opinions are contrary to those setled truths and what men have been since preferred that have professed these Heresies what pardons they have had for false doctrine what prohibiting of Books and writings against their doctrine and permitting of such books as have been for them Let us inquire after the Abettors Let us enquire also after the pardons granted of late to some of these and the presumption of some that dare preach the contrary to truth before his Majesty It belongs to the duty of Parliament to establish true Religion and to punish false we must know what Parliaments have done formerly in Religion Our Parliaments have confirmed general Councels In the time of King Henry 8. the Earl of Essex was condemned for countenancing books of Heresie For the convocation it is but a Provincial Sinod of Canturbury and cannot bind the whole Kingdom As for York that is distant and cannot do any thing to bind us or the Laws For the High-Commission it was derived from Parliament Wednesday 28. Secretary Cook delivered another message to the House concerning the precedency of Tunnage and Poundage declaring that his Majesty intends not thereby to interrupt them as to Religion so that they do not intrench on that which belongs not to them which message was seconded by Sir Thomas Edmonds in these words I am sorry the House hath given cause to so many messages about Tunnage and Poundage after his Majesty hath given us so much satisfaction you may perceive his Majesty is sensible of the neglect of his businesse we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you You your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his fathers time and since what inlargement he hath made of our Liberties and still we give him cause to repent him of the good he hath done Consider how dangerous it is to alienate his Majesties heart from Parliaments Master Corriton replied WHen men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean And I see not how we do neglect the same I see it is in all our hearts to expedite the Bill of Tunnage and Poundage in due time our businesse is still put back by these Messages and the businesse in hand is of God and his Majesties affairs are certainly amisse and every one sees it and woe be to us if we present them not to his Majesty The House resolved to send an answer to the King that these messages are inconvenient and breed debates and losse of time and did further resolve that Tunnage and Poundage arising naturally from this House they would in fit time take such a course therein as they hoped would be to his Majesties satisfaction and honour and so again agreed to proceed at present in matters of Religion Sir Iohn Eliot upon this occasion spake to this purpose I have always observed said he that in the proceedings of this House our best advantage is order and I was very glad when that noble Gentleman my Country-man gave occasion to state our proceedings for I fear it would have carried us into a Sea of confusion and disorder and having now occasion to present my thoughts in this great and weighty businesse of Religion I shall be bold to speak a few words There is a jealousie conceived as if we meant to dispute in matters of faith it is our profession this is not to be disputed it is not in the Parliament to make a new Religion nor I hope shall it be in any to alter the body of the truth which we now professe I must confess amongst all those fears we have contracted there ariseth to me not one of the least dangers in the Declaration that is made and publisht in his Majesties name concerning disputing and preaching let not this my saying bear the least suspition or jealousie of his Majesty for if there be any misprision or Error I hope it is those Ministers about him which not only he but all Princes are subject unto and Princes no doubt are subject to mis-informations and many actions may be intitled to their Names when it is not done by themselves Antiochus King of Asia sent his Letters and missives to several Provinces that if they received any dispatches in his name not agreeable to justice Ignoto se litteras esse scriptas ideoque iis non parerent and the reason of it is given by Gratian because that oftentimes by the importunity of Ministers Principes saepe constringuntur ut non concedenda concedant are drawn to grant things by them not to be granted and as it was in that age so it may be in this And now to the particular in the Declaration we see what is said of Popery and Arminianism our Faith and Religion is in danger by it for like an Inundation it doth break in at once upon us It is said if there be any difference in Opinion concerning the seasonable interpretation of the 39. Articles the Bishops and the Clergy in the Convocation have power to dispute it and to order which way they please and for ought I know Popery and Arminianism may be introduced by them and then it must be received by all a slight thing that the power of Religion should be left to the persons of these men I honour their profession there are among our Bishops such as are fit to be made examples for
Laud look to thy self be assured thy life is sought as thou art the fountain of wickedness repent of thy monstrous sins before thou be taken out of the world and assure they self neither God nor the world can endure such a vile Counsellor or whisperer to live The other was as bad against the L. Treasurer Weston The King purposing to proceed against the Members of the House of Commons who were committed to Prison by him in the Star-Chamber caused certain Questions to be proposed to the Judges upon the 25 of April WHereupon all the Judges met at Sergeants-Inne by command from his Majesty where Mr. Atturney proposed certain Questions concerning the offences of some of the Parliament-men committed to the Tower and other prisons at which time one Question was proposed and resolved viz. That the Statute of 4 H. 8.8 intituled An Act concerning Richard Strode was a particular Act of a Parliament and extended onely to Richard Strode and to those persons that had joyned with him to prefer a Bill to the House of Commons concerning Tynners And although the Act be private and extendeth to them alone yet it was no more then all other Parliament-men by priviledge of house ought to have viz. Freedom of speech concerning those matters debated in Parliament by a Parliamentary course The rest of the Questions Mr. Atturney was wished to set down in writing against another day Upon Munday following all the Judges met again and then Mr. Atturney proposed these Questions 1. Whether if any Subject hath received probable Information of any Treason or treacherous attempt or intention against the King or State that Subject ought not to make known to the King or his Majesties Commissioners when thereunto he shall be required what Information he hath received and the grounds thereof to the end the King being truly informed may prevent the danger And if the said Subject in such Case shall refuse to be examined or to answer the Questions which shall be demanded of him for further inquiry and discovery of the truth whether it be not a high contempt in him punishable in the Star-Chamber as an offence against the general Iustice and Government of the Kingdom Sol. The resolution and answer of all the Justices That it is an offence punishable as aforesaid so that this do not concern himself but another nor draw him to danger of Treason or contempt by his answer 2. Whether it be a good answer or excuse being thus interrogated and refusing to answer to say That he was a Parliament-man when he received this Information and that he spake thereof in the Parliament-house and therefore the Parliament being now ended he refused to answer to any such Questions but in the Parliament-house and not in any other place Sol. To this the Judges by advise privately to Mr. Atturney gave this Answer That this excuse being in Nature of a Plea and an errour in judgement was not punishable until he were over-ruled in an orderly manner to make another answer and whether the party were brought in Ore tenus or by Information for this Plea he was not to be punished 3. Whether a Parliament-man committing an offence against the King or Council not in a Parliament way might after the Parliament ended he punished or not Sol. All the Judges una voce answered He might if he be not punished for it in Parliament for the Parliament shall not give priviledge to any contra morem Parliamentarium to exceed the bounds and limits of his place duty And all agreed That regularly he cannot be compelled out of Parliament to answer things done in Parliament in a Parliamentary course but it is otherwise where things are done exorbitantly for those are not the Acts of a Court. 4. Whether if one Parliament-man alone shall resolve or two or three shall covertly conspire to raise false slanders and rumours against the Lords of the Council and Iudges not with intent to question them in a Legal course or in a Parliamentary way but to blast them and to bring them to hatred of the people and the Government in contempt be punishable in the Star-Chamber after the Parliament is ended Sol. The Judges resolve that the same was punishable out of Parliament as an offence exorbitant committed in Parliament beyond the office and besides the duty of a Parliament-man There was another Question put by Mr. Atturney viz. Whether if a man in Parliament by way of digression and not upon any occasion arising concerning the same in Parliament shall say The Lords of the Council and the Judges had agreed to trample upon the Liberty of the Subject and the priviledges of Parliament he were punishable or not The Judges desired to be spared to make any answer thereunto because it concerned themselves in particular The next day Mr. Atturny put the Judges another Case It is demanded of a Parliament-man being called Ore tenus before the Court of Star-Chamber being charged that he did not submit himself to examination for such things as did concern the King and the Government of the State and were affirmed to be done by a third person and not by himself if he confess his hand to that refusal and make his excuse and plead because he had priviledg of Parliament Whether the Court will not over-rule this plea as erronious and that he ought to make a further answer It is the justest way for the King and the party not to proceed Ore tenus because it being a point in Law it is fit to hear Counsel before it be over-ruled and upon an Ore tenus by the Rules of Star-Chamber Counsel ought not to be admitted and that it would not be for the Honor of the King nor the safety of the subject to proceed in that manner Pasca 5 Car. upon a Habeas Corpus of this Court to bring the body of William Stroud Esq with the cause of his imprisonment to the Marshal of the Kings Bench It was returned in this manner That Mr. William Stroud was committed under my custody by vertue of a certain Warrant under the hands of twelve of the Lords of the Privy-Council of the King the tenor of which Warrant followeth in these words YOu are to take knowledge that it is his Majesties pleasure and commandment that you take into your custody the Body of William Stroud Esq and keep him close prisoner till you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated this 2 of April 1629. And the direction of the Warrant was To the Marshal of the Kings Bench or his Deputy He is also detained in prison by vertue of a Warrant under his Majesties hand the tenor of which Warrant followeth in these words C.R. WHereas you have in your custody the Body of William Stroud Esq by Warrant of Our Lords of our Privy-Council by Our special Command you are to take notice that this
they or any of them had been true as indeed they were not should or could be at that time entertained or pursued in any legal or Parliamentary way but meerly and onely to express and vent his and their own Malice and Dis-affection of your Majesty and your happy Government And your Majesty upon the said second day of March now last past having signified Your Royal pleasure unto the said Sir Iohn Finch then the Speaker of that House That the said House should then be presently adjourned until the tenth day of the said Moneth of March without any further speech or proceedings at that time and the said Speaker then delivered Your Majesties pleasure and commandment to the said House accordingly and declared unto them Your Majesties express charge and command unto him That if any should notwithstanding disobey Your Majesties command that he must forthwith leave the charge and wait upon Your Majesty unto which commandment of Your Majesty and signification of Your Royal pleasure in that behalf for a present adjournment of the House the greatest number of the Members of that House in their duty and Allegeance unto your Majesty were willing to have given a ready Obedience as the Lords Spiritual and Temporal of the Lords House upon the very same day upon the like signification made unto them of your Majesties pleasure by your Lord Keeper of your Great Seal of England the Speaker of that House had done yet so it is May it please your most Excellent Majesty That the said Sir Iohn Ellyot for the satisfying of his own malice and disloyal affections to your Majesty and by the confederacy and agreement aforesaid and in a high contempt and disobedience unto your Majesties command aforesaid and with set purpose to oppose your Majesties said command did stand up and several times offered to speak Whereupon the said Speaker in obedience to your Majesties said command endeavoring to have gone out of the chair the said Denzil Holles and Benjamin Valentine being then next the Speakers chair and the one of them on the one hand and the other of them on the other hand of the Speaker where they so placed themselves of purpose on that day out of their disobedience to your Majestie and by the confederacy and agreement aforesaid violently forcibly and unlawfully and with purpose to raise a tumult in the said House kept and held the said Speaker in the said chair against his will and the said Speaker again endeavoring to leave the chair and having then gotten out of the chair they the said Denzil Holles and Benjamin Valentine laid violent hands upon the said Speaker forcibly and unlawfully and by strong hand thrust him into his chair again and then the said Sir Iohn Ellyot again stood up and used these speeches viz. We have prepared a short Declaration of our intentions which I hope shall agree with the honour of the House and the Justice of the King and with that he threw down a paper into the floor of the said House desiring it might be read and the said Denzil Holles Benj. Valentine and all other the Confederates aforesaid in disobedience and high contempt of your Majesties said command called and cryed out to have the same paper read But some others of the House spake to the contrary that it might not be read and the House thereupon by reason of the disorderly behaviour of the said Confederates was much troubled many pressing violently and tumultuously to have the said paper read and others dutifully and obediently urging the contrary to the great disquiet and discomfort of many well-affected Members of that House And the said William Corriton in this distemper demeaned himself so passionately and violently that he then and there violently forcibly and unlawfully assaulted and stroke Winterton Gent. then being a Member of the said House and divers of the Members of the said House being then desirous and endeavoring to have gone out of the said House the said Sir Miles Hobert did of his own head lock the door of the said House and kept the key thereof and imprisoned the Members of the said House being then in the said House against their wills so that none of them could go out And the said William Strode for the further expressing of his malignity and undutifulness towards your Majesty and in pursuance of the agreement and confederacy aforesaid openly moved and with much earnestness urged that the said paper or declaration might be first read to the end as he then in great contempt of your Royal Majestie said that we meaning the Members of the house may not be turned off like scattered sheep and sent home as we were last Sessions with a scorn put upon us in print meaning thereby the words which your Majesty in your own Person spake at the ending of the last Session and caused the same to be printed and the said Stroud in a very disorderly manner further moved That all those who would have the said paper read should stand up which divers of them thereupon did do accordingly and he the said Stroud amongst others did stand up and in this heat of contention and height of disobedience by the confederacy aforesaid to have the said paper read the said Sir Peter Hayman with rough and reproachful words reproved the said Speaker for being constant and resolute in his obedience to your Majesty in not putting the reading of the said paper to the Question as by all the said Confederates with many Reasons and Arguments he was urged to do and the said Sir Peter Hayman then further said That the said Speaker was made an Instrument to cut up the Liberty of the Subjects by the roots But when by no means the said Speaker would be drawn to transgress your Majesties Royal command aforesaid and lest the said paper should not be read the said Iohn Selden moved that the Clerk of the said House might read the same and when the said Sir John Ellyot found that he and his Confederates aforesaid could not procure the said paper to be read he the said Sir Iohn Ellyot to the end he might not lose that opportunity to vent and publish those malitious and seditious Resolutions which he and his Confederates had collected and prepared as aforesaid took back the said paper again and then immediately in the said house said I shall non express that by Tongue which this paper should have done and then spake these words The miserable condition we are in both in matters of Religion and Policy makes me look with a tender eye both to the Person of the King and to the Subjects and then speaking of them whom he intended to be ill Instruments in this State at whom he principally aimed he said There are amongst them some Prelates of the Church the great Bishop of Winchester and his fellows it is apparent what they have done to cast an aspersion upon the honor and piety and goodness of the King These are
not all but it is extended to some others who I fear in guilt of Conscience of their own desert do joyn their power with that Bishop and the rest to draw his Majesty into a jealousie of the Parliament amongst them I shall not fear to name the great Lord Treasurer in whose person I fear is contracted all that which we suffer If we look into Religion or Policy I find him building upon the ground laid by the Duke of Buckingham his great Master from him I fear came those ill Counsels which contracted that unhappy conclusion of the last session of Parliament I find that not only in the affections of his heart but also in relation to him and I doubt not to fix it indubitably upon him and so from the power and greatness of him comes the danger of our Religion For Policy in that great Question of Tunnage and Poundage the interest which is pretended to be the Kings is but the interest of that person to undermine the Policy of this Government and thereby to weaken the Kingdom while he invites strangers to come in to drive out Trade or at least our Merchants to trade in strangers bottoms which is as dangerous Therefore it is fit to be declared by us that all that we suffer is the effect of new counsels to the ruine of the Government of the State and to make a protestation against all those men whether greater or subordinate that they shall all be declared as Capital Enemies to the King and Kingdom that will perswade the King to take Tunnage and Poundage without grant of Parliament and that if any Merchants shall willingly pay those Duties without consent of Parliament they shall be declared as Accessaries to the rest Which Words of the said Sir Iohn Elliot were by him uttered as aforesaid falsly and malitiously and seditiously out of the wickedness of his own affections towards your Majesty and your gratious and religious Government and by the Confederacie Agreement and Privity of the â—aid other Confederates and to lay a slander and scandal thereupon and not with a purpose or in way to rectifie any thing which he conceiâ—ed to be amiss but to traduce and blast those persons against whom he â—ad conceived malice for so himself the same day in that house said and laid down as a ground for that he intended to say That no man was ever blasted in that house but a curse fell upon him And further so it is may it please your most excellent Majesty That when the said Sir Iohn Elliot had thus vented that malice and wickedness which lay in his heart and as appeareth by his own words were expressed in the said paper which was prepared as aforesaid the said Walter Longe out of his inveterate malice to your Majesty and to your Affairs and by the confederacy aforesaid then and there said That man who shall give away my Liberty and Inheritance I speak of the Merchants I note them for Capital Enemies to the Kingdome And lest the hearers should forget these wicked desperate Positions laid down as aforesaid and to the end the same might have the deeper impression and be the more divulged abroad to the prejudice of your Majesty and of your great Affairs and to the scandal of your Government the said Denzil Holles collected into several heads what the said Sir Iohn Elliot had before delivered out of that paper and then said Whosoever shall counsel the taking up of Tunnage and Poundage without an Act of Parliament let him be accompted a capital Enemy to the King and Kingdom And further What Merchant soever shall pay Tunnage and Poundage without an Act of Parliament let him be counted a Betrayer of the Liberty of the Subjects and a Capital Enemy of the King and Kingdom Which Positions thus laid the said Denzil Holles neither being Speaker nor sitting in the Chair as in a Committee by direction of the House but in an irregular way and contrary to all course of orderly proceedings in Parliament offered to put these things so delivered by him as aforesaid to the Question and drew from his confederates aforesaid an applause and assent as if these things had been voted by the house And further so it is may it please your most excellent Majesty That the disobedience of the said Confederates was then grown to that height that when Edward Grimston the Serjeant at Arms then attending the Speaker of that house was sent for by your Majestie personally to attend your Highness and the same was made known in the said house the said Confederates notwithstanding at that time forcibly and unlawfully kept the said Edward Grimston locked up in the said house and would not suffer him to go out of the house to attend your Majesty and when also on the same day Iames Maxwel Esquire the Gentleman-Usher of the Black Rod was sent from your Majesty to the said Commons house with a message immediately from your Majesties own person they the said Confederates utterly refused to open the door of the house and to admit the said Iames Maxwel to go to deliver his message After all which the said house was then adjourned until the said tenth day of March then following and on the said tenth day of March the said Parliament was dissolved and ended In consideration of all which premises And for as much as the contempt and disobedience of the said Sir John Ellyot and other the confederates aforesaid were so great and so many and unwarranted by the priviledge and due proceeding of Parliament and were committed with so high a hand and are of so ill example and so dangerous consequence and remain all unpardoned Therefore they pray'd a process against them to answer their contempts in the high Court of Star-Chamber Memorandum That the 29. of May Anno quinto Car. Reg. these words viz. After all which the said House was then adjourned until the said tenth day of March and on the said tenth day of March the said Parliament was dissolved and ended were added and inserted by order of the Court immediately before In tender consideration c. At the same time Sir Robert Heath the Kings Atturny General preferr'd an Information in the Star-Chamber against Richard Chambers of the City of London Merchant wherein first he did set forth the gracious Government of the King and the great Priviledges which the Merchants have in their Trading by paying moderate duties for the goods and merchandises exported and imported and setting forth that the raising and publishing of undutiful and false speeches which may tend to the dishonour of the King or the State or to the discouragement or discontentment of the subject or to set discord or variance between his Majesty and his good People are offences of dangerous consequence and by the Law prohibited and condemned under several penalties and punishments That nevertheless the said Richard Chambers the 28. day of September last being amongst some other merchants
of the opinion of Mr. Atturney General that the word proditore would have made this Treason And for the other matters he agreed with the Judges Therefore by the Court the Defendants were ruled to plead further and Mr. Lenthal of Lincolns-Inn was assigned of Counsel for them Inasmuch as the Defendants would not put in other Plea the last day of the Term judgment was given against them upon a nihil dicit which judgment was pronounced by Iones to this effect The matter of the Information now by the confession of the Defendants is admitted to be true and we think their Plea to the jurisdiction insufficient for the matter and manner of it And we hereby will not draw the true Liberties of Parliament-men into Question to wit for such matters which they do or speak in Parliamentary manner But in this case there was a conspiracy between the Defendants to slander the State and to raise sedition and discord between the King his Peers and People and this was not a Parliamentary course All the Iudges of England except one have Resolved the Statute of 4 Hen. 8. to be a private Act and to extend to Strood only But every Member of the Parliament shall have such Priviledges as are there mentioned but they have no Priviledge to speak at their pleasure The Parliament is an high Court therefore it ought not to be disorderly but ought to give good example to other Courts If a Judg of our Court shall rayl upon the State or Clergy he is punishable for it A Member of the Parliament may charge any great Officer of the State with any particular offence but this was a malevolous accusation in the generality of all the Officers of State therefore the matter contained within the Information is a great offence and punishable in this Court 2. For the punishment although the offence be great yet that shall be with a light hand and shall be in this manner 1. That every of the Defendants shall be imprisoned during the Kings pleasure Sir John Elliot to be imprisoned in the Tower of London and the other Defendants in other Prisons 2. That none of them shall be delivered out of Prison until he give security in this Court for his good behaviour and have made submission and acknowledgment of his offence 3. Sir John Elliot inasmuch as we think him the greatest offender and the ringleader shall pay a fine to the King of 2000 l. and Mr. Holles a fine of 1000 marks and Mr. Valentine because he is of less ability then the rest shall pay a fine of 500 l. And to all this all the other Justices with one voice accorded FINIS APPENDIX His Majesties Declaration to all his Loving Subjects of the Causes which moved him to dissolve the last Parliament March 10. 1628. HOwsoever Princes are not bound to give accompt of their Actions but to God alone yet for the satisfaction of the minds and affections of Our Loving Subjects We have thought good to set down thus much by way of Declaration that We may appeare to the world in the truth and sincerity of Our Actions and not in those Colours in which We know some turbulent and ill-affected spirits to masque and disguise their wicked intentions dangerous to the State would represent Us to the publick view We assembled our Parliament the 17th day of March in the third yeer of Our Reigne for the safety of Religion for securing Our Kingdoms and Subjects at home and Our friends and Allies abroad And therefore at the first sitting down of it We declared the miserable afflicted estate of those of the reformed Religion in Germany France and other parts of Christendome the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that Party which was united against Us That besides the Pope and the house of Austria and their antient confederates the French King professed the rooting out of the Protestant Religion That of the Princes and States on Our party some were over-run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessity of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readinesse they agreed to grant a liberall aid But before it was brought to any perfection they were diverted by a multitude of Questions raised amongst them touching their Liberties and Priviledges and by other long disputes that the Bill did not passe in a long time and by that delay Our affairs were put into a far worse case then at the first Our Foraigne Actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardnesse We attribute it that it was Propounded and Resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causlesse jealousies stirred up by men of another temper did much lessen both the reputation and reality of that Supply And their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not onely of Our great occasâ—ons but of the presidents of former Subsidies and of the intentions of all well-affected men in that House In those large Disputes as We permitted many of Our high prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We did endeavour to have shortned those debates for winning of time which would have much advantaged Our great affairs both at home and abroad And therefore both by speeches and messages We did often declare Our gratious and clear resolution to maintain not onely the Parliament but all our People in their antient and just liberties without either violation or diminution and in the end for their full satisfaction and security did by an Answer framed in the form by themselves desired to their Parliamentary Petition confirm their antient and just Liberties and Rights which We resolve with all constancy and justice to maintain This Parliament howsoever besides the setling Our necessary supply and their own liberties they wasted much time in such proceedings blasting Our Government as We are unwilling to remember yet We suffered them to sit untill themselves desired Us to appoint a time for their Recesse not naming either Adjournment or Prorogation Whereupon by advice of Our Councill We resolved to prorogue and make a Session and to that end prefixed a day by which they might as was meet in so long a Sitting finish some profitable and good Lawes and withall gave order for a gratious Pardon to all Our Subjects which according to the use
their severall imprisonments thereupon was against the Law and priviledge of Parliament That the severall proceedings against Mr. Hollis and the rest by committing them and prosecuting them in the Star-Chamber and in the Kings Bench is a grievance That Mr. Hollis Mr. Stroud Mr. Valentine and Mr. Long and the heires and Executours of Sir Iohn Eliot Sir Miles Hubbard and Sir Peter Heyman respectively ought to have reparation for their respective dammages and sufferings against the Lords and others of the Councill by whose warrants they were apprehended and committed and against the Councill that put their hands to the Information in the Star-Chamber and against the Judges of the Kings Bench. That Mr. Lawrence Whitaker being a Member of the Parliament 3 Car. entring into the Chamber of Sir Iohn Eliot being likewise a Member of the Parliament searching of his Trunck and Papers and sealing of them is guilty of the breach of the priviledge of Parliament this being done before the dissolution of Parliament Resolved upon the question That Mr. Lawrence Whitaker being guilty of the breach of the priviledges as aforesaid shall be sent forthwith to the Tower there to remain a prisoner during the pleasure of the House Mr. Whitaker was called down and kneeling at the Bar Mr. Speaker pronounced this Sentence against him accordingly Mr. VVhitaker being at the Bar did not deny but that he did search and seal up the Chamber and Trunck and Study of Sir Iohn Eliot between the second and tenth of March during which time the Parliament was adjourned But endeavoured to extenuate it by the confusion of the times at that time the length of the time since the crime was committed being thirteen years the command that lay upon him being commanded by the King and twenty three Privy Counsellors Afterwards Mr. Recorder Glin made a further Report to the House of Commons viz. HE likewise reported the state of the case concerning the losses dammages sufferings imprisonments sustained and undergone by Mr. Vassell for denying to pay Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Vote of this House The Warrant which issued and was subscribed by twelve Privy Counsellors to summon nine of the Members of the House of Commons in the Parliament of tertio Caroli to appear before them during the Parliament viz. Mr. William Stroud Mr. Benjamin Valentine Mr. Hollis Sir Iohn Eliot Mr. Selden Sir Miles Hobert Sir Peter Heyman Mr. Walter Long and Mr. VVilliam Coriton bearing date tertio Marâ—ii quarto Caroli and the names of the twelve Privy Counsellors that signed this Warrant were read The Parliament being adjourned the second of March to the tenth of March and then dissolved The Warrants under the hands of sixteen Privy Counsellors for committing of Mr. Denzill Hollis Sir Iohn Eliot Mr. Iohn Selden Mr. Benjamin Valentine and Mr. William Coriton close prisoners to the Tower bearing date Quarto Martii quarto Caroli during the Parliament were read And the names of the Privy Counsellors that subscribed them were read The Warrants under the hands of twenty two Privy Counsellors directed to William Boswell Esq to repair to the lodgings of Denzil Hollis Esq and to Simon Digby Esq to repair to the lodgings of Mr. Iohn Selden and to Lawrence VVhitaker Esq to repair to the lodgings of Sir Iohn Eliot requiring them to seal up the Truncks Studies and Cabinets or any other thing that had any Papers in them of the said Mr. Hollis Mr. Iohn Selden and Sir Iohn Eliot were read and likewise the names of the Privy Counsellors that subscribed the said Warrants A Warrant under the hands of thirteen Privy Counsellors for the commitment of Mr. William Stroud close prisoner to the Kings Bench bearing date 2d April 1628. was read and the names of the Privy Counsellors that subscribed it The like Warrant was for the commitment of Mr. VValter Long close prisoner to the Marshall-sea The humble Memoriall of the losses dammages sufferings and imprisonments sustained and undergone by Alderman Richard Chambers for denying to pay Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Vote of this House was this day read Ordered that it be referred to the Committee for the Members of tertio Caroli where Mr. Recorder hath the Chair and the Committee of the Navy joyned as to this businesse to consider of the Memoriall of the losses dammages sufferings and imprisonments sustained and undergone by Alderman Richard Chambers for his denying to betray the Liberty of the Subject in paying the illegall Tax of Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Order of this House And the Committee are to make report on Munday fortnight Resolved c. That Mr. Hollis shall have the sum of five thousand pounds for his dammages losses imprisonments and sufferings sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That Mr. Iohn Selden shall have the sum of five thousand pounds for his dammages losses imprisonments and sufferings sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five thousand pounds be assigned for the dammages losses imprisonments and sufferings sustained and undergone by Sir Iohn Eliot for his service done to the Common-wealth in the Parliament of tertio Caroli to be disposed of in such manner as this House shall appoint Resolved c. That the sum of two thousand pounds part of four thousand pounds paid into the late Court of Wards and Liveries by the heires of Sir Iohn Eliot by reason of his marriage with Sir Daniel Norton's daughter shall be repaid to Mr. Eliot out of the arrears of monies payable into the late Court of Wards and Liveries before the taking away of the said late Court Ordered that it be referred to the Committee who brought in this Report to examine the Decree made in the late Court of Wards and Liveries concerning the marriage of Sir Eliot's heir with Sir Norton's daughter and what monies was paid by reason of the said Decree and by whom and to report their opinions thereupon to the House Ordered That it be referred to the Committee of the Tower to examine after what manner Sir Iohn Elyot came to his death his usage in the Tower and to view the roomes and places where he was imprisoned and where he dyed and to report the same to the House Resolved c. That the sum of five thousand pounds shall be paid unto the of Sir Peter Heyman for the dammages losses sufferings and imprisonments sustained and undergone by Sir Peter Heyman for his service done to the Common-wealth in the Parliament in tertio Caroli Resolved c. That Mr. VValter Long shall have the sum of five thousand pounds paid unto him for the dammages losses sufferings and imprisonment
Voyages and Land Travels by Englishmen and others By Samuel Purchas in Four Volumes Folio The History of the Parliament of England which began November the Third 1640. With a short and necessary view of some precedent years By Thomas May Esq Folio The Text of the New Testament of Jesus Christ Translated out of the Vulgar Latine by the Papists of the Traiterous Seminary of Rhemes Whereunto is added the Translation out of the Original Greek commonly used in the Church of England c. By W. Fulke D. D. and sometimes Master of Pembroke-Hall in Cambridge Folio The History of the Reformation of the Church of Scotland containing Five Books together with some Treatises conducing to the History By Iohn Knox. Folio Two Treatises In the one of which the Nature of Bodies in the other the Nature of Mans Soul is looked into In way of discovery of the Immortality of Reasonable Souls By Sir Kenelme Digby Folio Histoire de l'entre de la Reyne Mere du Roy tres Chrestien danâ— les Provinces Vnies des pays has avec des Figures Histoire de l'entre de la Reyne Mere du Roy tres Chrestien dans la Grande Britaigne avec des Figures par le Sieur de la Serre Historiographe Folio Ad Serenissimum Jacobâ—m primum Britanniarum Monarcham Ecclesiae Scoticanae libellus supplex Authore Jacobo Melvino Quarto Polycarpi Ignatii Epistolae unà cum vetere vulgata interpretatione Latina ex trium Manuscriptorum codicum collatione integritati suae restitutae quibus praefixa est Iacobi Vsserii Archiepiscopi Armachani dissertatio Quarto Appendix Ignatiana in qua continentur 1. Ignatii Epistolae Genuinae 2. Ignatii Martyriam à Philone Agathopode aliis descriptum 3. Tiberiani Plinii Secundi Trajani imp de Constantia Martyrum illius temporis Epistolae 4. Smyrnensis Ecclesiae de Polycarpi Martyrio Epistola 5. In Ignatii Polycarpi Acta atque in Epistolas etiam Ignatio perperà m adscriptas Annotationes Iacobi Vsserii Armachani Quarto 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Clementis ad Corinthios Epistola Prior. Patritius Junius ex lateris Reliquiis vetustissimi examplaris Bibliotherae Regiae eruit Quarto Purchas his Pilgrim Microcosmus or the History of Man relating the wonders of his Generation Vanities in his Degeneration necessity of his Regeneration meditated on the words of David Psal. 39.5 By Samuel Purchas Octavo Saint Augustine his Enchyridion to Laurence or the cheif and principal Heads of all Christian Religion the Second Edition Twelves Theologia Naturalis sive liber Creaturarum Specialiter de homine de Natura ejus in quantum homo de his quae sunt ei necessaria ad cognoscendum Deum seipsum omne debitum ad quod homo tenetur obligatur tam Deo quà m proximo Authore Raymundo de Sabunde Octavo Frederici Spanhemii Epistola ad Nobilisstmum Virum Davidem Buchananum super controversiis quibusdam quae in Ecclesiis Anglicâ—nis agitantur Octavo The Works of Edward Reynolds D. D. containing three Treatises of the Vanity of the Creature Sinfulness of Sin the Life of Christ. An Explication of Psal. C X. Meditations on the Sacrament of the Lords Supper An Explication of the Fourteenth Chapter of Hosea A Treatise of the Passions and Faculties of the Soul Collected in Folio Divers Sermons Preached upon several occasions by Edward Reynolds D. D. Quarto A Treatise touching the Peace of the Church or an Apostolical Rule how to judge aright in differences which concern Religion Published by Authority Quarto A Treatise of Use and Custome By Mer. Causabon D. D. Quarto Deus Natura Gratia sive tractatus de Praedestinatione de meritis peccatorum Remissione sen de Justificatione denique de sanctorum invocatione reliquiarum imaginum veneratione de indulgentiis Purgatorio sub finem de Excommunicatione Accessit Paraphrastica Expositio reliquorum Articulorum confessionis Anglicae Per Fr. Franciscum Sancta Clara. Octavo Apologia Episcoporum seu Sacri Magistratus Propugnatio Multa multorum vocibus ventilantur mendacia adversus sacerdotes Dei de Diaboli ore prolata ad rumpendam Catholicae unitatis concordiam ubique jactantur Authore Francisco à Sancta Clara. Octavo King Iames much desired to match his Son Henry with a daughter of Spain After Prince Henry's death the King propounded a match with France In this interim the Spaniard gives the overture of a match Sir Digby's advice to the King in that matter Gondomar mannages the Treaty on the Spaniards part The English Navie neglected The Cautionary Towns rendred to the Hollander The Spaniard proceeds not sincerely in the Treaty Articles of Religion agreed upon between the Kings of England and Spain The people of England averse from the march The Catholicks desirous of it Gondomar contrives the death of Sir Walter Rawleigh an enemy to Spain A War begins in Germany Both parties Protestant and Catholicks grow jealous and each enter into League The Emperor Matthias Adopts his Cousin-German Ferdinand For joy of this Adoption the Catholicks keep a Jubilee and the Protestants another in memory of Luther An Assembly of the Protestants and States of Bohemia at Prague The first occasion of the troubles of Bohemia A Ryot committed by the Protestants in the Castle of Prague The Protestants put forth a Declaration The Emperor disgusted with the Declaration He publishes a Manifesto Both Parties Arm. A Comet appears at this time King Iames ingages not in these troubles flattering himself with the Spaniards seeming forwardness to effect the Match A Letter from a great Minister of State to Mr. Cottington Nov. 17. Queen Anne dieth Matthias the Emperor dies A Cessation of Arms proposed by Ferdinand is refused King Iames interposes by his Ambassador the Viscount Doncaster The Elector Palatine sends an Ambassador to oppose the Election of Ferdinand The Bohemians chuse the Palatine for their King Bethlem Gabor makes a union with the Protestants The Palatine craves the advice of King Iames touching his accepting the Crown Before answer came he had accepted it King Iames disavows the Act and â—â—â—ars himself of it to the King of Spainâ— The King of Spain testifies his resentment of Viscount Doncasters proceedings in Germany The King of Poland aids the Emperor Ferdinand publishes a Proscription against the Palatine Prince Anhalt Generalissimo of the Bohemians Marquess Ansbach commands the forces of the Princes of the Union Kings Iames will not engage in the War sends Sir Walter Aston Ambassador into Spain to negotiate the March and Gondomar returns Great immunities promised by King Iames to the Catholicks 18 Iacob 1620. A great Army levied in Flanders under the command of Spinola A Regiment under the command of Sir Horatiâ— Vere sent from England The Protestant States of Austria renounce the confederacy of the Bohemians The Elector of Saxony assists the Emperor and executes the Ban against the Palatine Spinola prevails much in the Palatinate The Armies
take up their Winter Quarters A Letter of the Duke of Buckinghams to Gondomar touching King Iames his bent to the German War Octob. 25. Frederick's Forces totally routed in the Battel at Prague His calamity joined with loss of Honor. An Order at the Council-Table for recovering the Palatinate The Spaniards flatter the King Private Instructions to the Spanish Ambassador into England The King calls a Parliament The Protestant Union declines in Germany The Palatine propounds a Peace to the Elector of Saxony The King puts forth a Proclamation forbidding discourse of State-affairs The Kings Speech to the Parliament * Buckingham The Lo. Digby sent Ambassador into Flanders and Mr. Gage to Rome The Palatine and his Princess go into Holland The Emperor proceeds severely with the Bohemians Imperial Protestant Towns reconcile themselves to the Emperor and intercede for the Palatine but in vain Grievances proposed in Parliament Sir Giles Mompesson imprisoned but escapes beyond Sea 19 Iac. An. 1621. The Kings Speech to the Lords Sentence given against Sir Giles Mompesson And Sir Francis Michel his Compartner in Projects Lord Chancellor Bacon accused and convicted of Bribery Sir Henry accused by the Commons Gondomar reviled and assaulted in London streets Sir Rob. Mansel sent into the Mediterranean Sea The Emperor calls in question the Authors of the Commotions in Bohemia The King intends to adjourn the Parliament The Commons take it not well The King resents it The Commons Declaration touching the Palatinate The King by Proclamation reforms the late grievances handled in Parliament Puts forth another Proclamation against Talking of State-affairs The King is sollicited from Spain to enlarge his favors towards Catholicks The chief heads of the Lord Digby's Embassie to the Emperor The Emperors Reply to those Demands The L. Digby's second Proposal to the Emperor The Emperors Answer The English Ambassador goes to the Duke of Bavaria The Emperors Letter to Don Baltazar de Zuniga The Parliament begins again Nov. 20. The Substance of the Lord Keepers Speech Lord Digby's Speech Lord Treasurer's Speech The Commons Petition and Remonstrance to the King At this time the Protestants are ill treated in France The Kings Letter to Sir Tho. Richardson The Commons send the Remonstrance accompanied with another Petition The Kings Answer to the later Petition The Lord Keepers judgment touching the Kings sharp Answer The Lo. Digby to the Peers The Commons Protestation The King takes the Protestation out of the Journal-book with his own hand In the mean time the King dissolves them Some Eminent Members of the Parliament in Prisoned Others sent for punishment into Ireland The Council write to Judges concerning such as speak of State Affairs The Palatine spoiled of his hereditary dominions The terms which King Iames desires the Emperor to accept in behalf of the Palatine The Emperors Answer to King Iames Ian. 14. 1621. King Iames to Philip the Fourth of Spain King Iames his Letter to the King of Spain Prince Charls to the King of Spain King Iames his Letter to the Lord Balthazar of Zuniga The Privy Council by the Kings command issue out an Order for raising Money for the defence of the Palatinate Archbishop Abbot not relished at Court an advantage taken against him Bishop Laud suspected to incline to Popish Tenents while he was of Oxford as appears by a notable passage The Arminians begin to be favored by the King by means of Bishop Laud. Favors shewed to Recusants by the Kings Order Iacobi 20. 1622. The Lord Keepers Letter excusing the Kings favor towards Papists The Kings Letter to the Archbishop for regulating the Clergy Directions concerning Preachers The new K. of Spain Philip the Fourth procures the Popes assent to the Match The Infanta cools in tâ—e Palsgraves business The pretended Obstacles of the Treaty removed Heidelburgh besieged New Conditions demanded of the King before the Pope gives a Dispensation The Kings Answer to the said Demands The King sends his Resolution to Digby in Spain now made Earl of Bristol Likewise a Letter was â—ent to â—ondomar 〈◊〉 recalleâ— into Spain The Answer to the Memorial presented by the Earl of Bristol to the Spanish King Bristol gives the King hope of the Match Heidelburgh taken The King provoked sends his former Resolutions with anew dispatch into Spain In the mean time Manheim is taken The Emperors Intentions to King Iames not good Nor the King of Spains witness his Letter to Conde Olivares Olivares Answer Bristols Answer from the King of Spain The Popes Demands signed by the King and Prince Frankendale block'd up by Papenheim The King writes to Bristol The Electorate conferred upon the Duke of Bavaria in the Diet at Ratisbone The Protestant Princes plead for the Palatine's restitution The Catholick Princes reply The Protestants reassume the argument The Emperor takes up the debate Sir Dudley Carlton Resident at the â—â—gue sends his judgment of the matter to the Marquis of Buckingham The Prince and the Marquis of Buckingham go to Spain Buckingham visits Olivares and by him is conducted to the King Orders for the Prince's entertainment The Prince sees the Infanta Is entertained honorably by the King Makes his entrance publiquely into Madrid The King sends the Prince two Golden Keys The Grandees are commanded to attend his Highness The Marquis of Buckingham made Duke The people talk that the Prince is come to change his Religion Endeavors to make the Prince change his Religion * Quare Apostoliâ—is literis hortamur Catholicam Majestatem ut eum Principem redigere suaviter conetur sub Romanae Ecclesiae ditionem cui veteres Magnae Britanniae Domini coronatum caput imperii fasces Coelo plaudente submiserunt Quare te monemus ut ad Catholicum Regem religiosus Consiliarius accedas easque rationes despicias quibus insigne aliquod beneficium Britanniae Regnis Romanae Ecclesiae in praesenti rerum opportunitate comparetur Res ipsa magna atque gravissima est quare eum verbis amplificare non debemus Regnum Coelorum Britanniae Principi patefacere Regnum Britanniae sedi Apostolicae restituere incipiet qui Regii istius Adoloscentis animum Catholicae Religionis studio inflamaverit atque haeriticae impietatis odio impleverit c. The Pope's Letter to the Prince of Wales There is another Copy of the Princes Letter to the Pope published by several hands somewhat different from this Allurements to make the Prince change his Religion The Prince stedfast in his Religion Is not well dealt with in his Address to the Infanta The Dispensation is at last procured The Dispensation comes clogged Olivares proposes ways of Accommodation The King of Spain proffers to engage himself on the behalf of the King of England and the Prince His Ghostly Fathers approve his intentions The Match is declared publickly The Archbishops Letter to the King against Toleration of Popery Articles sworn to by the King Prince and Privy Council The Oath Private Articles sworne to by the King in
done to Catholicks procure envy to us and thank to themselves then that some of our Countreymen Zealous of the Truth though differing from the Religion which we have suckek from our Infancy should have an honorable occasion of making their abode in the Court of Rome from whom your Holiness may be certainly informed of the state of our Affairs In this regard we recommend unto you the Bishop of Vazion who as he doth impute whatsoever increase of his condition to your Holiness alone so we are earnest Suitors that for our sake especially the honor of a Cardinals Cap may be added to his former advantages By this means the Calumnies of our Enemies will cease when such are present with you who may be able to assert the truth of our doings We do not desire any of our actions should be concealed from just Arbitrators for though we have been bred up in the truth of that Religion which we now profess yet we have always determined that there is nothing better and safer then piously and without ostentation to endeavor the promoting of those things which really belong to the glory of Gods Name and laying aside the goaâ—ds of Envy and applying the warmth and fomentation of Charity diligently to consider what belongeth not to the empty name of Religion but to the holy Symbol of true Piety But because we have discoursed more at large of these things with the bearer hereof a man not unlearned and indifferently well conversant in our Affairs we have thought best to be no more tedious by a long Letter Your Holiness most dutiful Son J. R. From Holy Rood 24 Sept. 1599. SUmma mandatorum Edwardi Drummond Jurisconsulti quem ad Pontificem Maximum Ducem Etruriae Ducem Sabaudiae caeterosque Principes Cardinales ablegamus Salutabis imprimis nostro nomine quà m potes officiosissimè Pontificiem Maximum caeterosque Principes Cardinales datisque nostris literis fiduciariis significabis Capere nos vehementer eum quem decet amoris benevolentiae modum cum iis conservare omnemque removere non suspicionem modo sed suspicionis levissimam quamcunque occasionem Quod quamvis in ea persistimus Religione quam à teneris hausimus annis non tamen ita esse Charitatis expertes quin de Christianis omnibus bene sentiamus modo in officio primum erga Deum Optimum Maximum deinde erga Magistratus quorum subsunt imperio permanserint Nullam nos unquam saevitiam contra quoscunque Catholicos Religionis ergo exercuisse Et quia plurimum interest nostra ut pari diligentia qua malevoli mentiuntur nos per amicos subditos veritatem possimus adstruere idcirco inniteris in hoc totis viribus ut Pontifex Maximus tam rogatu nostro quam precibus Illustrissimorum Principum quos per literas nostras ad hoc rogavimus ad hoc induci possit ut Episcopus Vazionensis in Cardinalium Collegium adsciscatur in quo si profeceris ut de eo redditi fuerimus certiores ulterius progrediemur Cavebis ne in hoc negotio ad Pontificem Maximum aut Illustrissimos Cardinales ulterius progrediaris nisi prius subsit certa spes optati eventus This Letter was conveyed by Edward Drummond the Lawyer whom the King sent to the Pope the Duke of Tuscany the Duke of Savoy and other Princes and Cardinals First You shall most respectively Salute in our Name the Pope and those other Princes and Cardinals and having delivered our Letters of Credence shall signifie That we exceedingly desire to reserve with them the measure of Love and good Will which is sitting to remove not onely all suspition but any thing that may be the cause of Suspition That although we persist in the Religion which we suck'd in from our Infancy yet we are not so void of Charity but to think well of all Christians if so be they continue in their duty first towards God and then towards the Magistrate whose Subjects they are That we never exercised any cruelty against the Catholicks for Religion sake And because it doth very much concern us that we may be able to assert the truth by our Friends and Subjects with the same diligence that slanderers lie therefore you shall endeavor to the utmost to perswade the Pope as well at our entreaty as for the desire of these most Illustrious Princes whom in our Letters we have sollicited in our behalf to make the Bishop of Vazion Cardinal wherein if you be successful as soon as we shall be certified thereof we will proceed further You must be cautelous not to proceed any further in this business either with the Pope or the most Illustrious Cardinals unless there be a certain hope of our wished event The High mighty Monarch Charles by the grace of God King of Great Brittaine France Ireland Defender of the Faith Historical Collections Primo CAROLI ON the same day when King Iames departed this life at Theobalds the Lord President of the Council and the Lord Marshal of England were immediately sent by the Body of the Council to Prince Charles who was then retired to his Chamber to give him notice of his Fathers decease and that they were all there ready to present themselves unto him if his pleasure were to admit them but he being in sadness wished them to forbear their coming till the next morning In the mean time the Privy-Counsellors assembled themselves drew up the form of a Proclamation to proclaim King Charles which was forthwith published at the Court-Gate at Theobalds which being done the King signified his pleasure that the Lord Keeper the Lord Treasurer the Lord President the Lord Chamberlain the Treasurer of the House and the Comptroller should attend him they all came and rendred up their Offices and Places to him which his Majesty presently restored to them again The Privy-Counsellors gave notice to the Lord Major of London that he and all the Aldermen should that day appear in their Robes at Ludgate whither the Lords and others would repair to proclaim King Charles Accordingly the Lords went from Theobalds to the Palace of Whitehall where the Nobility then about London were gathered together At Whitehall-Gate the King was proclaimed by sound of Trumpet all the Nobility Privy-Counsellors and Gentry being on Horse-back went thence and proclaimed the King at Charing-Cross Denmark-house Temple-Bar at the great Conduit in Fleetstreet and thence they rode up to Ludgate where the Lord Major and Aldermen were on Horse-back expecting within the Gates and the Lords and others entered and proclaimed him there and then they rode all to Cheapside-Cross where they proclaimed the King again and the Lords returning thence left order with the Lord Major to go on with the Proclamation in other parts of the City The same day King Charles removed from Theobalds and came to St Iames's in the Evening and the Corps of the deceased King remained at Theobalds
State when they were none Recovered Henry the Fourth of France his Kingdom when he had nothing left but the Town of Diep Conquered the Invincible Navy of Spain in Anno 1588. Took Towns in Portugal the Year following and marched One hundred miles upon the Firm ground Fired or brought away the Spanish Navy before Cadiz and sack'd the Town took the Spanish ships daily and spoiled the Port-Towns of the West-Indies never losing but one ship during the Spanish War reducing the Condition of that King from a Fifth Monarchy to so low an Ebb that in one Year he paid Two thousand five hundred Millions of Duckets for Interest so as after he was enforced to beg Treaties of Peace and low Terms at the last Queen-Regents hands III. The Cause of the good Success then A Carriage and readiness to assist their Soveraign in purse and person A Wisdom and Gravity of Council who ordered nothing but by publick Debate and then assisted with the Military Professors either by Land or Sea of the best repute and such only imployed IV. In what Condition we now stand By the loss of Reputation by the ill success in the Voyage for Algier in the Palatinate in the Expedition with Mansfield in the last to Cadiz The Reasons are The uncheerfulness we have either to adventure our purses or persons occasioned by a distrust we have of the success the want of the like Courses and Councils that were formerly used It was wished that for every of the Four Heads there were a particular Committee to examine and prepare a Report for the Houses and the House upon every Report to put it self into a Committee of the whole Assembly and after a full and deliberate Debate to order a Model or Form for a Conference with the Lords and so together humbly to present to his Majesty a Remonstrance of their Labor offering withall a second Consultation and Debate amongst themselves for finding out the fittest means both for the defence of the State and our Allies Reformation of the Errors and a constant way to raise such Supplies as may enable his Majesty to proceed cheerfully and as they hoped assuredly in this his glorious Action not only for himself and State but all that profess the same Religion and are like to be overwhelmed in the Ambition of the Spanish Monarchy Also a Committee was named concerning Religion and the Growth oâ— Popery and Montague's Appeal to Caesar was again brought in question This Book the Commons referred to the Committee for Religion from whom Mr. Pym Reported to the House the several Erroneous Opâ—nions therein contained and the House passed their Votes thereupon That Mr. Montague endeavored to reconcile England to Rome and to alienate the Kings affections from his well-affected Subjects The Articles exhibited against him were these Articles exhibited by the Commons against Richard Montague Clerk THat he the said Richard Montague in or about the 21. year of the Reign of our late Soveraign Lord King Iames of famous memory hath caused to be Printed and in his name to be Published one Book called An Answer to the late Gagg of Protestants and in or about Anno 22. of the same King he caused to be Printed and Published one other Book Entituled A Treatise of the Invocations of Saints and likewise in the First year of his Majesties Reign that now is he procured to be Printed and in his name to be Published another Book Entituled An Appeal to Caesar In every of which Books he hath maintained and confirmed some Doctrine contrary or repugnant to the Articles agreed by the Archbishops and Bishops of both Provinces and the whole Clergy holden in the Convocation at London Anno Domini 1562. according to the computation of the Church of England for avoiding Diversity of Opinions and for establishing Consent touching true Religion All which appears in the places hereafter mentioned and in divers other places and passages of the same Books And by his so doing hath broken the Laws and Statutes of this Realm in that Case provided and very much disturbed both the Peace of Church and Commonwealth I. Whereas in the Five and thirtieth Article of the Articles aforementioned it is declared That the Second Book of Homilies doth contain a Godly and wholesom Doctrine in the sixteenth Homily of which Book it is determined That the Church of Rome as it is at present and hath been for the space of Nine hundred years and odd is so far wide from the nature of a True Church that nothing can be more He the said Richard Montague in several places of his said Book called The Answer to the Gagg and in his other Book called The Appeal doth advisedly maintain and affirm That the Church of Rome is and ever was a True Church since it was a Church II. Whereas in the same Homily it is likewise declared That the Church of Rome is not built upon the Foundation of the Prophets and Apostles and in the Eight and twentieth Article of the said Articles That Transubstantiation overthroweth the nature of a Sacrament and in the Five and twentieth of the same Article That five other reputed Sacraments of the Church of Rome are not to be accounted Sacraments yet contrary and repugnant hereunto he the said Richard Montague doth maintain and affirm in his Book aforesaid called The Answer to the Gagg That the Church of Rome hath ever remained firm upon the same Foundation of Sacraments and Doctrine instituted by God III. In the nineteenth of the same Article it is further determined That the Church of Rome hath erred not onely in their living and matters of Ceremony but also in matters of Faith He the said Richard Montague speaking of those Points which belong to Faith and good manners Hope and Charity doth in the said Book called The Gagg affirm and maintain That none of these are controverted in their Points meaning the Protestants and Papists and notwithstanding that in the One and thirtieth Article it is resolved That the Sacrifice of Masses in which as it is commonly said the Priest did offer Christ for the Quick and the Dead to have remission of Pain and Guilt too is a Blasphemous Fable and dangerous Deceit this being one of the Points controverted between the Church of England and the Church of Rome The said Richard Montague in his Book called The Gagg doth affirm and maintain That the controverted Points are of a lesser and inferior nature of which a man may be ignorant without any danger of his Soul at all a man may resolve to oppose this or that without peril of perishing for ever IV. Whereas in the second Homily Entituled Against Peril of Idolatry contained in the aforesaid Book of Homilies approved by the Seven and thirtieth mrticle aforementioned It is declared That Images teach no good Lesson neither of God nor Godliness but all Error and Wickedness He the said Richard Montague in the Book of Gagg aforesaid doth affirm and maintain
ignorant that in a Session of Parliament though it continue as many weeks as this hath done days yet there is nothing Prius Posterius but all things are held and taken as done at one time if so what a strange Collection was this that at the same time the House of Commons should oblige themselves by a fearful adjuration to assist and defend all Priviledges and Prerogatives belonging to the King and at the same time by a Petition cautiously conveyed endeavor or intend to divest and deprive the King of some Prerogatives belonging to his Crown If therefore such fear and sollicitude can neither be grounded upon the words of the Petition nor intention of the Petitioners I humbly pray your Lordships to lay them aside as we do believe that the Proposition of this addition from your Lordships was not onely excuseable but commendable as proceeding from your love So now having heard 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 Commons a House whose temper mildness and moderation in this Parliament hath been such as we should be unthankful 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 solemn and publique 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 bosoms 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 would not serve their turns but new severe commissions to hear and determine offences against their Liberties publique 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 blood 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 cheerful conjunction ex congruo condigno If a Worm being trodden upon could speak a Worm would say tread upon me no more I pray you higher we rise not lower we cannot descend 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 favors that the time is not seasonable now for this Addition it is true that of it self Soveraign Power is a thing always so Sacred that to handle it otherwise then tenderly is a kind of Sacriledge and to speak of it otherwise then reverently is a kind 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 vertue 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 or approbation as the Teachers or Professors are worse 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 five Subsidies If in perusing of this Petition they fall upon the mention of Soveraign Power they presently fall to arguing and reasoning and descanting 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 veneration not when it is profaned by publique hearings or examinations Our last Argument is drawn from our Duty and Loyalty to his Majesty in consideration whereof we are fearful at this time to take this Addition into our Petition lest 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 and 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 unproperly and unapt at this time this Addition will 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 Counsellors of 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 this 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 Prerogative since the moderation of our Petition deserveth your Lordships cheerful 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 conclude with the House of Commons in presenting this Petition to his Sacred Majesty as it is without this Addition Monday 26. of May The Lord Keeper made this Speech at a Conference Gentlemen YE that are Knights Citizens and Burgesses of the House of Commons I have many times this Parliament by Command from my Lords declared the great zeal and affection which my Lords have to maintain and nourish the good Concurrence and Correspondency which hath hitherto continued between both Houses that there might be a happy issue in this great business for the common good of the King and Kingdom Now that which I have to say this day from my Lords is to let you know this fair proceeding is not a profession of words onely but really and indeed concerning the Petition which hath been long in agitation as the weight of the cause required since the last Conference my Lords have taken it into their serious and instant consideration and at length are faln upon a Resolution which I am to acquaint you with The Lords have unanimously agreed with you in omnibus and have voted that they will joyn with you in your Petition with the onely alterations of the word means to be put in stead of the word pretext and for the word unlawful to be put out and in place thereof to adde not warrantable by the Laws and Statutes of the Realm which two alterations your selves consented unto So that concerning this business there remains nothing now but that ye having the Petition in your hands will if ye have not already vote it as they have done and so prepare it for his Majesty and my Lords will take order that the King be moved for a speedy access to present the same to his Majesty And after some pause he said There rests one thing which my Lords have commanded me to adde that in regard this Petition toucheth upon certain Charges raised by the Lords Lieutenants and other Persons many times for good use for the service and safety of the Kingdom That ye take it into your Care and Consideration and to provide a Law for assessing of such Charges as the occasion of the time shall require The Lords and Commons being thus happily accorded the Petition with the aforesaid amendments was read in the House two several times together Then it was Voted upon question and that it should be ingrossed and read the third time and the House to sit in the afternoon till it was ingrossed and read and ordered to be presented to the King to which there was not a negative Vote And the Bill of Subsidie was also read the second time and committed Wednesday 28 May the Lords and Commons had a Conference about the maner of delivery of the Petition and Sir Edward Cook reported That their Lordships were agreed that no Addition or Preface be used to the King but that the Petition be preferred to his Majesty by command of the Lords and Commons and his Majesty be desired that to the content of his People he would be pleased to give his gracious Answer in full Parliament About this time Mr. Rouse brought in a Charge against Doctor Ed. Manwaring which some days after was seconded with a Declaration Mr. Speaker I Am to deliver from the Committee a Charge against Mr. Manwaring a Preacher in Divinity but a man so Criminous that he hath turned his Titles into Accusations for the better they are the worse is he that dishonors them Here is a great Charge that lies upon him it is great in it self and great because it hath many great Charges in it Serpens qui serpentem devorat fit draco his Charge having digested many Charges into it becomes a Monster of Charges The main and great one is this Plot and Practise to alter and subvert the Frame and Fabrick of this Estate and Commonwealth This is the great one and it hath others in it that gives it more light To this end 1. He labors to infuse into the Conscience of his Majesty the perswasion of a power not bounding it self with Laws which King James of famous Memory calls in his Speech to the Parliament Tyranny yea Tyranny accompanied with Perjury 2. He endeavors to perswade the Conscience of the Subjects that they are bound to obey Commands illegal yea he damns them for not obeying them 3. He robs the Subjects of the propriety of their Goods 4. He brands them that will not lose this propriety with most scandalous Speeches and odious Titles to make them both hateful to Prince and People so to set a division between the Head and the Members and between the Members themselves 5. To the same end not much unlike to Faux and his fellows he seeks to blow up Parliaments and Parliamentary Powers The fifth being duly viewed will appear to be so many Charges and they make up all the great and main Charge a mischievous Plot to alter and subvert the frame and government of this State and Common-wealth And now though you may be sure that Mr. Manwaring leaves us no propriety in our Goods yet he hath an absolute propriety in this Charge here himself making up his own Charge Here he read several Passages out of his Book and then