especially are to be taken into consideration the defence of Rochell the Elve and the Forts He perswades to give bountifully and though the people do not presently pay it yet it gives the King credit abroad and much advanceth his affairs We have already by our carriage and temper taken the Kings heart which he adviseth we make good use of S r. DUDLY DIGGS FOr to try and examine faithfully the Propositions he refers it to the Judgement of the House whether it be fit to handle the business in order or to give in gross considering that the Bill of Tonnage and Poundage is now brought into the House which he thinks they conceive to be given for the safe-guarding of the Seas Mr. SPENCER IN no Case to enter into particulars That formerly hath been given 5. Subsedies for the repairing of the Forts and no penny bestowed on them but the money wasted in dishonour Mr. IOHN ELLIOT THat our late disasters at Calis Reez might discourage us from thinking of forreign attempts At Calis when we neglected the taking of the Spanish Fleet in the Harbour nothing attempted at our landing but drincking and disorder no good account given at the return Concerning service at S. Martins the whole account carried against the Judgement of the best Commanders which makes all the World despise and condemne us besides the inriching of the Enemy with kindenesses and parling with the Forts with presents which time will bring to light Sr. EDWARD COKE THat when England stood alone without friends and addition of Kingdoms as 42. E. 3. the King wholly guided by his Parliament-Councel brought alwayes home Victories both against France and Scotland his 4. reasons of it were 1. Good Councel 2. Valiant Leaders 3. Timely provision 4. Good imployment and fore-cast And likewise in Ric. 2. Hen. 4. Hen. 5. He desires to give plentifully and that in gross not to examine the particulers alleadging Solomon's rule qui repetit separat for said he if we rip them up we sever them for ever And in that Proposition for setting forth 30. ships shall we both pay Tonnage and Subsedies for them This will draw a dangerous President Likewise that other in setting forth God knows whether a 1000. Horse and 10000. Foot being not able to set them forth how shall we look to maintain them abroad That in an Iland the defensive War is best and most proper To conclude our guift in gross will serve best with these times for by that course we shall seem to allow all the Propositions and except against none S r. THOMAS WENTWORTH THat he will look after the Iland of England and no further except our Fortunes were better That as he is bound in duty to the King so in faithfull love to his Countrey That our freedom and Liberty being known and granted we then may proportion our guift His conclusion was that the â—inal debate of this question may be laid aside untill Friday and in the mean time go on with our grievances S r. HENRY MARTIN NOt to dash the Ship of the Common-wealth twice upon one Rock The disease that we are now sick of is the Kings Evil which none but himself can cure and Iacob's example is our best Predent who wrestling with the Angel would not give over till he got the blessing That our often repetition of grievances breeds hate and dislike And because we have not to give what is asked Yet to give freely what we intend to give and so by this freeness we shall win the Kings heart M r. KERTON HE desires to know the Rock to the end we may avoid it and not to go back but forward in our conclusion S r. ROBERT PHILIPS HIs good hopes are in his Majesties royal care and wisdom That the free and great Councel is the best but time and hope of change is coming towards us Rome and Spain trench deeply into our Councels That heretofore there hath been a fair progress on both parts according to the saying of the late King If the Parliament did or should give more then the Countrey could bear they gave him a purse with a knife in it Serjant HOSKINS THat knowing our own rights we shall be better enabled to give Two legs go best together our just grievances and our supply which he deâ—ires may not be seperated for by presenting them together they shall be both taken or both refused Serjant ASHLEYS Argument seconding M r. ATTORNEY in the behalf of his MAJESTIE I Hope it will be neither offensive nor tedious to your Lordships if I said somewhat to second M r. Attorney which I the rather desire because yesterday it was taken by the Gentlemen of and argued on the behalf of the Commons that the cause was as good as gained by them and yielded by us in that we acknowledged the Statute of Magna Charta and the other subsequent Statutes to be yet in force for on this they inforced this general conclusion That therefore no man could be committed or imprisoned but by due process presentment or indictment Which we say is a non sequitur upon such our acknowledgement for then it would follow by necessary consequence that no imprisonment could be justified but by process of Law which we utterly deny For in the cause of the Constable cited by M r. Attorney it is most clear that by the ancient Law of the Land a Constable might ex officio without any Warrant Arest and restrain a man to prevent an affray or to suppress it And so is the Authority 38. Hen. 8. Brooks abstract So may he after the affray apprehend and commit to Prison the Person that hath wounded a man that is in peril of death and that without Warrant or Process as it is in 38. E. 3. fol. 6. Also any man that is no Officer may apprehend a Fellon without Writ or Warrant or pursue him as a Wolf and as a common enemy to the Common-wealth as the Book is 14. H. 8. fol. 16. So might any one arrest a Night-walker because it is for the common profit as the reason is given 4. Hen. 7. fol. 7. In like manner the Judges in these several Courts may commit a man either for contempt or misdemeanour without either Process or Warrant other then take him Shrief or take him Marshall or Warden of the Fleet. And the Adversaries will not deny but if the King will alleadge cause he may commit a man per mandatum as the Judges do without Process or Warrant And various are the cases that may be instanced wherein there may be a Lawfull commitment without Process Wherefore I do possitively and with confidence affirm that if the imprisonment be Lawfull whether it be by Process or without Process it is not prohibited by the Law Which being granted then the question will aptly be made whether the King or Councel may commit to Prison per legâ—m terrâ— were onely that part of the Municipal Law of this Realm which we call the
will advise A note very remarkable It shewes the indulgence of Kings it shews also the wisdom and judgement of the Houses the King not willing to deny his People People not willing to presse their King to a deniall the one wise and modest in their requests and the other moderate and sweet in the answer This is the ancient and right way of union in Parliament The God of unity keep it in this and all insuing Parliaments This union you rightly call the union of Hearts and a greatnesse beyond the Kingdomes which the King inherits so then its a present fit for a wise people to offer to their gracious King Wise and magnanimous Kings are a speciall gift from God having hearts capable of greatnesse union of hearts is greatest and greatnesse was never unwelcome to Kings and therefore present and offer it to your King you cannot doubt of acceptance Having spoken of union you fall presently into a memoriall of the great and glorious actions of his Majestie 's Predecessours and into the height and contemplation of greater that remain If I mistake not your meaning you would have it understood that the union of Prince and people make way to those remarkable acts of former times and that we that wish the like successe in our time should look back upon our Forefathers Wisdome requires it Honour and the Time requires it that we should shew our selves the sonnes of our Auncestours at least in holding that which they left us The pride of Rome abated as you say by England now lifts up her horns against Religion Gods vine planted and deeply rooted here overspread into our neighbour Countreys hath of late lost many of her goodly branches The Austrian Eagle that wanted feathers till of late now soares and preys at will over all Spain so often foiled by us hath by disguised treaties dispoiled of their patrimonie those princely Branches of our royall Cedar and posts apace to his universall Monarchy to the ruine of us our Friends and Religion God hath his time and I trust a time to stop their course I know not but we may expect it as well now as ever There is a resolution in our King and there is I trust for I am sure there was a resolution in our Parliament for great actions Our king as he hath a Solomon so hath he many Davids in the glorious catalogue of his royall Descent and hath linked himself in the House of Henry the Great and he bears a glorious and auspicious name sutable to his thoughts and desires and therefore since Honour and Religion call for it and since you have incouraged him to fight Iehovah's battels let all put to their hands that our King and Nation may have the honour to set Christendome in her right Balance And now to come to the petitions you have made for the House his Majestie most graciously and readily grants them all according to your true and ancient Rights and Priviledges of Parliament which his Majestie trusts you will have care not to exceed or transgresse and therefore you may go chearfully together and speedily settle about the publick affairs And the almighty God prosper the works of your hands I say the almighty God prosper your handy-work M r. Goodwin's Speech March 22. 1627. Mr. Speaker IT hath pleased his Majestie in his last Speech to intimate unto us the cause of our meeting which is supply against the great and common dangers that threaten the ruine of this Kingdome and the time of our sitting cannot be long and therefore he wisheth to avoid tedious resolutions In conformity whereunto I propound that laying aside all other matters we addresse our selves to that for which we were called hither wherein as in the first place we have well begun in our pious humiliation towards almighty God so let us now proceed to serve and to supply the king yet so as we satisfie our Countrey that sent us hither and preserve our Rights and Priviledges which have as surely been broken and infringed as undoubtedly they belong â—o us S r. Francis Seymour's Speech March 22. 1627. THis is the great Councel of the Kingdome and here if not here alone his Majestie may see as in a true glasse the state of the Kingdome We are all called hither by his Majestie 's writs to give him faithfull counsel such as may stand with his honour but that we must do without flatterie and chosen by the Commons to deliver up their just grievances and this we must do without fear Let us not be like Cambyses Judges who being demanded of him concerning something unlawfull said Though there were no written Law the Persian Kings might do what they liâ—t This was base flatterie fitter for reproof then imitation and as flatterie so fear taketh away the judgement For mine own part I shall shun both these and speak my conscience with as much duty to his Majestie as any man not neglecting the Publick But how can we speak our affections while we retein our fears or speak of giving till we know whether we have any thing to give or not For if his Majestie shall be perswaded to take what he will what need we to give That this hath been done appeareth by the billetting of Souldiers a thing no way advantageous to his service and a burthen to the Common-wealth the imprisonment of Gentlemen for the Loane who if they had done the contrary for fear their faults had been as great as theirs who were Projectours in it To countenance these proceedings hath it not been preached in the pulpit or rather praâ—ed All we have is the Kings But when they forsake their own calling and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick It is too apparent the people suffer more now then ever will you know the true reason we shall find those Princes have been in greatest wants and necessities that have exacted most from their Subjects The reason is plain A Prince is strongest by faithful and wise Counsel I would I could truly say such had been imployed abroad I speak this to this end to shew the defect proceeded not from this House I must confesse he is no good Subject that would not willingly and freely lay down his life when the End may be the service of his Majestie and the good of the Common-wealth But he is no good Subject but a slave that will have his goods taken from him against his will and his Liberty against the Laws of the Kingdome In doing this we shall but â—read the steps of our Fore-fathers who still preferred the publick interest before their own rights nay before their own lives It will be a wrong to Us to our Posterities to our Consciences if we shall forgo this This we shall do well to present to his Majestie I offer this in the generall thinking the particulars fitting for Committees What I may now say or shall then I submit
to shew clearly it shall not be his fault if this be not a happy Parliament His Majesty hath commanded me to desire this House clearly to let him know whether they will rest upon his Royal word and promise made at several times and especially by my Lord Keepers Speech made in his own presence which if they do he doth assure you that it shall be royally and really performed After speaking of himself and the nature of his place under his Majesty he proceeded in these words GIve me leave freely to tell you that I know by experience that by the place I hold under his Majesty if I will discharge the duty of my place and the Oath I have taken to his Majesty I must commit and neither express the cause to the Jaylor nor to the Judges nor to any Councellour in England but to the King himself yet do not think I go without ground fo reason or take this power committed to me to be unlimmitted Yea rather it is to me a charge burthen and danger for if I by this power shall commit the poorest porter if I do it not upon a just cause if it may appear the burthen will fall upon me heavier then the Law can inflict for I shall loose my credit with his Majesty and my place And I beseech you consider whether those that have been in the same place have not committed freely and not any doubt made of it nor any complaint made by the Subject Veneris 2. May 1628. A Report was this day made from the grand Committee for grievances concerning the cause of Nicholas Clegat Cittizen and Vintner of London imprisoned by the Lord Major and Aldermen of the said Citie for refusing to lend a certain summe of money assessed upon him by the Company of Vintners of London whereof he is free towards the proportion of money imposed upon the Company by an Act of Common-Councel of the said Citie in pursuance of a contract of Land with his Majesty By which report it appeared that the said grand Committee had unanimously agreed that the said Citie might make Acts of Councel so as they were consonant to Law and reason and for regulating and deciphering of trade agreeable to reason and the Law of the Realm and might leavy money of the Cittizens by Act of Common-Councel for building or repairing of their Walls Gates or making or cleansing of Sewers or other like causes tending to the general and publick good and welfare of the Citie or towards Triumphs or other like occasions tending to the Honour of the Citie in general but could not by such Act of Common-Councel tax or leavy money towards the purchasing of Lands or other like occasion forreign to the government of the Citie Whereupon it is resolved by the House of Commons super totam materiam that the said Commitment of the said Nicholas Clegat was unlawfull and that a Petition should go from the House to his Majesty for the inlargement of the said Nicholas Clegat his commitment by the Lord Major and Aldermen being since strengthned by special command Henry TOMPSON one of the Shrieffs and Robert HENISVVORTH Alderman of the Citie of YORK their submission for their indirect chusing of S r. Thomas SAVIL Knight I Henry Tompson one of the Shrieffs of the Citie of York do hereby acknowledge to have offended the Lord Major and all the Cominalty of the Citie by the undue pronouncing and return of S r. Thomas Savil Knight to be one of the Cittizens to serve in this Parliament for the said Citie whereas I ought of right to have pronounced and returned in his place M r. Thomas Royle Alderman of the said Citie I am hartily sorry for my said offence and misdemeanour and crave pardon of my Lord Major and all the Cominalty and in particuler of the said Alderman Hoyl for the same I Robert Henisworth Alderman of the Citie of York do acknowledge that I have offended the Lord Major and all the Cominalty of of the said Citie by my undue preparing and practising the election of S r. Thomas Savill Knight to be chosen one of the Cittizens for the said Cittie of York to serve in this present Parliament I am hartily sorry for my said offence and do desire my Lord Major and all the said Cominalty to pardon me for the same Propositions drawn for the defence of this Kingdom and the annoyance of the enemies of the same by Sea THat every Shire in England shall be injoyned on the charge of the Countrey to set forth one Ship well maned and victualled for 7. Moneths and to be of the burthen of 500 300 or 140. Tuns at the least according to the ability of the Shire in the opinion of the State That every Port or Sea-Town according to their abillity be injoyned to do the like London may well furnish 10. Bristol 3. and the rest according to their abillity And such of the Sea-Towns as are not of abillity to set forth Ships of the burthen aforesaid to furnish out Pinnaces of 60 or 80 Tuns for Light-Horsmen or Intelligencers Those Ships will amount to 80. Sail and above and these to be divided into 4. Squadrons adjoyning unto every Squadron one of the Kings Ships for their Admiral The first Squadron to lye off and on the Western Ilands and as â—igh as theiâ— aâ—â—ries for 〈◊〉 men the Caracks and the Plate-Fleet and all other trading that way 〈…〉 The fourth Squadron to keep the Narrow Seas to awe the Dunkerkers to take all the French trade and so Northward and this Squadron to be still relieved with fresh Ships as the other shall grow foul or come to any misfortune so as this Squadron may continually keep the Seas most part of the year That no Master of these Ships be owner or have any part in her that he goeth in Master of for they will be unwilling to bring their Shin in fight or danger and use many tricks and devices especially if there be an ignorant Captain Therefore it is expedient likewise that every Shire should nominate a Captain for the Ship that they furnish out for the avoiding of ignorant and insufficient Captains That in London Pâ—rtsmouth or elsew here where the State shall think fit there be Store-houses appointed for the receipt of such Prizes as shall be taken by any of the 4. Squadrons That every County or Sea-Town that furnisheth the said shipping may nominate and have a Master of their own free election that may have power in the behalf of the Counties and Sea-Towns as the other Officers that shall be appointed for the King for the opening of decks of the Prizes receiving the goods into the said Store-houses and for the divideing and disposing them according That what Prizes any of the 4. Squadrons shall take be brought into one of the Port Towns where those Store-houses are appointed and the benefit of all Prizes what Squadron soever of the 4. sendeth them in be divided the Kings part
Fifthly By faults of inferior Ministers men and ships discharged after presses or imbarques are put to such charge that all decline not onely the service but the Trade of fishing and Sea-fareing Those that are really prest come far from the West or the North to Chatham early in the year and so with few Cloaths at the end of the Summer nasty and weak infect themselves and others And in the imployment FIrst Are Commanders weak young ignorant Captains c. Secondly Are not provided of good Chirurgeons and extraordinaries necessary for sick men Thirdly Both ships and men contrary to the wisdom of former times are set out in Winter Voyages long and dark nights and in our Northern Seas upon our dangerous Coasts which have consumed a World of our Marriners and discouraged others After the imployment FIrst If the Marriners come home sick no Hospitals or Guest-Houses as in other Countreys to relieve them Secondly If after all their miseries they return well they are forced to sue for their due Wages till all they have is spent Opportunity of new imployment is lost and themselves so discouraged or put out of heart that they either run away to the Enemy or put themselves in forraign service or betake themselves to any thing rather then the Sea life And those whose ships have been taken up 36. Moneths some 30. some 20. some more some less still complain they are not paid the small fraight of 2. shill. per Tun at first promised By this means they have neither Money nor will to repair their ships and none build new almost in any part by reason of their discouragements and those that do build take care to build them unserviceable to avoid pressing or taking up The Remedies proposed in general FIrst That the State would be pleased to give all possible countenance and comfort to all sorts of Merchants and Fishermen both by better guarding of the Seas by settling of the Book of Rates and Customes and duties and by orderly regulating the many affairs according to the wisdom of former times imploying of skilfull and experienced men and more particulerly in allowing the old 5. shill. per Tun to all such as shall build new serviceable ships of 150. Tuns or upwards upon a Certificate made before the Judge of the Admiralty to be duly paid by some Collectors of the Customes without further trouble Secondly To increase the fraight from 2. shill. to 3. shill. per Tun and Tonnage to agree of the measure of Tonnage before the ships go into service that upon return speedy payment may be made by some setled and published assignment Thirdly That all arrearages due to owners of ships and Marriners that have served may be paid out of the subsedies and that a certain course of payment for the future may be established and published His Majesties Message to the House of Commons by the SPEAKER 6. June 1628. WHereas his Majesty understanding that you did conceive his last Message to restrain you in your just Priviledges These are to declare his intention that he had no meaning of barring you from what hath been your Right but in the manner to avoid all scandals on his Councel and actions past his Ministers might not be nor himself under their names taxed for their Councels and that no such particulers should be taken in hand as would ask a longer time of consideration then what he hath already prefixed and still resolves to hold that so for this time Christendom might have notice of a sweet parting between him and his people which if it falls out his Majesty will not be long from another meeting when such grievances if there be any at their leasure and convenience may be considered The KINGS speech 7 June THe answer I have already given you was made with so good deliberation and approved by the judgement 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 that there is no doubleness in my meaning I am willing to please you in words as well as in substance Read your Petition and you shall have an answer I am sure will please you Then the Petition of Right was read and again the whole PARLIAMENT spake MAy it please your most Excellent Majesty The Lords spiritual and temporal and Commons in Parliament Assembled taking into their considerations 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 an unanimous consent unto your Majesty Do most humbly beseech your Majesty that you will be gratiously pleased to give a satisfactory answer thereunto in full Parliament Soit droit fait come est desire par le Petition Let right be done as is desired by the Petition The KING again THis I am sure is full yet no more then I granted you in my first answer for the meaning of that was to confirm all your Liberties knowing according to your own protestations that you neither mean nor can hurt my Prerogative And I assure you my Maxim is that the peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the peoples Liberties You see now how ready I have shewn my self to satisfie your demands so that I have done my part wherefore if this Parliament hath not a happy conclusion the sin is yours I am free of it The Motions of the Lower-house to the Higher 7. June 1628. THat the new granted subsedies might be expended especially upon three or four of the most necessary of those Propositions propounded by his Majesty That they thought the most necessary imployments for the subsedies were first the repairing of our new impaired Navy Royal and the decayed Sea munition Secondly the re-edifying of the breaches made in our Forts and haven Towns Thirdly by a supply and speedy aid and assistance for Denmark And whether in these they have judged rightly or not the eminent and incroaching dangers of the present times might be a guide Also they made Declaration of the late Suits and Petitions of our Marriners having lately received from them a Bill of grievances against the Duke for defect of payment and that not of some few but the whole Company And that if herein they had not sudden redress they must be forced to right themselves upon him as they shall finde opportunity Herein the Commons did declare that they thought themselves bound in Conscience as helping the oppressed and in pollicie in preventing all such combustions to patronize and cherish them Also they thought it expedient that all such books as have been questioned in Parliament and since tollerated might after the dissolving thereof by the virtue of the former Protection pass uncontroulable and the Authors thereof without molestation In the interim that this latter Proposition was debating upon just occasion being offered S r. THOMAS WENTVVORTH delivered