ends And he vindicated the Duke in point of Religion 'T is true said he his Mother is a Recusant but never any thing more grieved him and never did a Son use more means then he to convert her and he hath no power over her and for his own Lady whom he found not firm in his Religion he hath it used means to confirm her As for Arminians I have often heard him protest and vow against these Opinions It is true many that have skill therein may have some credit with him and make use of his noble nature for their own ends One particular I know well that some Gentlemen and Preachers of great esteem were questioned for a matter wherein there was some error in the manner of which they were presented I told him of them and that they were questioned and he answered me he would do the best he could for to countenance them Sir Benjamin Rudyard gave his judgement that if the matter be urged home it will proclaim the man lowder then we can in words If we name excess of Power and abuse of Power it will reach to the Duke and all others in future times and to a Gentleman of honour nothing is so dear as sense of Honour I am witness and do know that he did many great and good Offices to this House If the forfeiture of my life could breed an Opinion that ye should have no occasion to complain at your next meeting I would pawn it to you Nor let any man say it is fear makes us desist we have shewed already what we dare do And because the imployment of Dalbeer had given much offence Sir Thomas Jermin stood up in his defence and said he had given great evidence of his Trust and Fidelity When the Count Palatine retired himself and the Councel agreed to send a Party under Count Mansfield to make a head and the King sent word to the Palatine to be present in Person Dalbeer went along with him with one more and being in a Village in Germany a Troop of fifty Horse met them Dalbeer went to the Captain and said we are in a Service I will give you so many crowns to conduct us which was done and Dalbeer went along with him In conclusion Iune the 13. it was Ordered upon the Question that the excessive Power of the Duke of Buckingham is the cause of the Evils and Dangers to the King and Kingdom And that this be added to the Remonstrance At this very time being Iune 18. 1628. Doctor Lamb so called having been at a Play-house came through the City of London and being a person very notorious the Boys gathered thick about him which increased by the access of ordinary People and the Rabble they presently reviled him with words calling him a Witch a Devil the Duke's Conjurer c. he took Sanctuary in the Wind-mill Tavern at the lower end of the Old Jury where he remained a little space but there being two Doors opening to several Streets out of the said House the Rout discovering the same made sure both Doors lest he should escape and pressed so hard upon the Vintner to enter the House that he for fear the House should be pulled down and the Wines in his Cellar spoiled and destroyed thrust the imaginary Devil out of his House whereupon the tumult carried him in a croud among them howting and showting crying a witch a Devil and when they saw a Guard coming by order of the Lord Mayor for the rescue of him they fell upon the Doctor beat him and bruised him and left him for dead With much ado the Officers that rescued him got him alive to the Counter where he remained some few houres and died that night The City of London endeavoured to find out the most active persons in this Riot but could not finde any that either could or if they could were willing to witnesse against any person in that businesse This happened to be in Parliament time and at that instant of time when they were about the Remonstrance against the Duke And shortly after so high was the rage of people that they would ordinarily utter these words Let Charles and George do what they can The Duke shall die like Doctor Lamb. What fine the City underwent for this miscarriage we shall observe in order of time Two days after the Privy Councel writ this ensuing Letter to the Lord Mayor Aldermen and Sheriffs of London WHereas we are given to understand that the fury and outrage of divers dissolute and disorderly person assembled together in great numbers without any resistance made or course taken to suppresse them by the Magistrates to whom it appertained one Lamb was in a barbarous manner slaine and murdered wherewith his Majesty having been likewise made acquainted as he is very sensible of the scandal that may hereby be cast upon the Peace and Government of the Realme in general when the chief City thereof and where his own Person is resident should by the remissnesse and neglect of Magistrates in the Execution of his Laws suffer a fact and misdemeanour of so high a nature to be committed and to passe unpunished So he is very highly displeased thereat and hath therefore commanded us in his name hereby streightly to charge and require your Lordship c. that with all care and diligence you do forthwith enquire out the principal Actors and Abettors therein and to cause them to be apprehended and committed to Prison and to be proceeded with and punished in the sevarest manner that by the Laws of the Realme is provided against offenders in so high a nature And so c. The Commons at this time voted that Doctor Neal Bishop of Winchester and Dr. Laud Bishop of Bath and Wells be named to be those near about the King who are suspected to be Arminians and that they are justly suspected to be unsound in their opinions that way The House was turned again into a Committee concerning the Remonstrance And Mr. Selden proposed that to the excessive power of the Duke should be added the abuse of that power since that abuse is the cause of these evils that it be presented to his Majesty to consider whether it be safe for the King and Common-wealth that a man of his power should be so near his Majesty and it was ordered accordingly All the parts of the Remonstrance being agreed unto it was perfected to be presented to the King being as followeth MOst Dread Sovereign as with humble thankfulnesse we your dutiful Commons now assembled in Parliament do acknowledge the great comfort which we have in your Majesties pious and gracious disposition so we think it a meet and most necessary Duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth finding them at this time in apparent danger of ruine and destruction faithfully and dutifully to informe your Majesty thereof
used towards them as they expected and with so many Answers from the Earl had on their part been undertaken the said Prince our now gratious Soveraign was inforced out of his love to his Countrey to his Allies Friends and Confederates and to the peace of Christendom who all suffered by those intolerable delays in his own person to undertake his long and dangerous journey into Spain that thereby he might either speedily conclude those Treaties or perfectly discover that on the Emperors and King of Spains part there was no true and real intention to bring the same to conclusion upon any fit and honorable terms and conditions and did absolutely and speedily break them off By which journey the person of the said Prince being then Heir-Apparant to the Crown of this Realm and in his person the peace and safety of this Kingdom did undergo such apparant and such inevitable danger as at the very remembrance thereof the hearts of all good Subjects do even tremble II. Offences done and committed by the said Earl during the time of the Princes being in Spain VII THat at the Princes coming into Spain during the time aforesaid the Earl of Bristol cunningly falsly and traiterously moved and perswaded the Prince being then in the power of a foreign King of the Romish Religion to change his Religion which was done in this manner At the Princes first coming to the said Earl he asked the Prince for what he came thither the Prince at first not conceiving the Earls meaning answered You know as well as I. The Earl replied Sir Servants can never serve their Master industriously although they may do it faithfully unless they know their meanings fully Give me leave therefore to tell you what they say in the Town is the cause of your coming That you mean to change your Religion and to declare it here And yet cunningly to disguise it the Earl added further Sir I do not speak this that I will perswade you to do it or that I will promise you to follow your example though you will do it but as your faithful Servant if you will trust me with so great a secret I will endeavor to carry it the discreetest way I can The Prince being moved at this unexpected motion again said unto him I wonder what you have ever found in me that you should conceive I would be so base and unworthy as for a Wife to change my Religion The said Earl replying desired the Prince to pardon him if he had offended him it was but out of his desire to serve him Which perswasions of the said Earl was the more dangerous because the more subtile whereas it had been the duty of a faithful Servant to God and his Master if he had found the Prince staggering in his Religion to have prevented so great an error and to have perswaded against it so to have avoided the dangerous consequence thereof to the true Religion and to the State if such a thing should have hapned VIII That afterwards during the Princes being in Spain the said Earl having conference with the said Prince about the Romish Religion he endeavored falsly and traiterously to perswade the Prince to change his Religion and to become a Romish Catholick and to become obedient to the usurped Authority of the Pope of Rome And to that end and purpose the said Earl traiterously used these words unto the said Prince That the State of England never did any great thing but when they were under the obedience of the Pope of Rome and that it was impossible they could do any thing of note otherwise IX That during the time of the Princes being in Spain the Prince consulting and advising with the said Earl and others about a new offer made by the King of Spain touching the Palatinates Eldest Son to marry with the Emperors Daughter but then he must be bred up in the Emperors Courts the said Earl delivered his opinion That the Proposition was reasonable whereat when Sir Walter Aston then present falling into some passion said That he durst not for his head consent to it the Earl of Bristol replied That he saw no such great inconvenience in it for that he might be bred up in the Emperors Court in our Religion But when the extream danger and in a manner the impossibility thereof was pressed unto the said Earl he said again That without some great Action the Peace of Christendom would never be had which was so dangerous and so desperate a Counsel that one so near the Crown of England should be poysoned in his Religion and become an unfriend to our State that the consequences thereof both for the present and future times were infinitely dangerous and yet hereunto did his disaffection to our Religion the blindness in his Judgment misled by his sinister respects and the too much regard he had to the House of Austria lead him III. Offences done and committed by the said Earl after the Princes coming from Spain X. THat when the Prince had clearly found himself and his Father deluded in these Treaties and hereupon resolved to return from the Court of Spain yet because it behoved him to part fairly he left the powers of the Desponsories with the Earl of Bristol to be delivered upon the return of the Dispensation from Rome which the King of Spain insisted upon and without which as he pretended he would not conclude the Marriage The Prince foreseeing and fearing lest after the Desponsories the Infanta that should then be his Wife might be put into a Monastery wrote a Letter back to the said Earl from Segovia thereby commanding him not to make use of the said Powers until he could give him assurance that a Monastery should not rob him of his Wife which Letter the said Earl received and with speed returned an Answer thereto into England perswading against this Direction yet promising Obedience thereunto Shortly after which the Prince sent another Letter to the said Earl into Spain discharging him of his farther command But his late Majesty by the same Messenger sent him a more express direction not to dispatch the Desponsories until a full Conclusion were had of the other Treaty of the Palatinate with this of the Marriage for his Majesty said That he would not have one Daughter to laugh and leave the other Daughter weeping In which Dispatch although there were some mistaking yet in the next following the same was corrected and the Earl of Bristol tyed to the same Restriction which himself confessed in one of his Dispatches afterwards and promised to obey punctually the Kings command therein yet nevertheless contrary to his Duty and Alleagiance in another Letter sent immediately after he declared That he had set a day for the Desponsories without any Assurance or so much as treating of those things which were commanded to him as Restrictions and that so short a day that if extraordinary diligence with good success in the Journey had not concurred
not doubting but we shall confine our selves within the limits of Duty And because this great business may give us occasion often to resort to your Majesty That upon our Publick Suit you will be pleased to give us your own fit time of access And that all our actions may have a benign interpretation and a good acceptation and opinion Lastly That I may not onely be a Speaker but an humble Suitor protesting by the great God by whom Kings do reign That whatsoever I have said hath proceeded from a Loyal Heart I therefore desire that may be covered with the vail of your Gratious Construction or acquitted by your Gratious Pardon The King having referred the whole business of the Spanish Match to the Advice of Parliament the Duke of Buckingham made to both Houses in the Pallace at Whitehal a long Narration of all the Transactions in Spain which was accompained with the Princes Attestation In the Narration it self his Grace observed Six distinct and several parts The first was the Motives of the Prince his Iourney to Spain The second the Treaty of the Marriage set on foot in Spain severally and by its self The third the Treaty of the Marriage and Restitution united together by a Reciprocal Subordination The fourth the Prince his Highness return from Spain The fifth his Majesties subsequent proceedings in both the Treaties since the return The last was the stating of the Question super totam materiam wherein both the Houses were to offer unto his Majesty their humble Advice and Counsel Of these parts his Grace spake very distinctly and orderly I. The Motives to the Princes Journey to Spain THe Negotiation of Master Chancellor of the Exchequer with the Arch-Dutchess which ministred unto his Majesty the first occasion of Jealousie and made a kinde of discovery of the Spaniards indirect dealing with this State Then was read the aforementioned Letter of the Third of October 1622. from the King to the Earl of Bristol wherein Bristol was required to let the King of Spain know how sensible King Iames was of the Emperors proceedings towards him and that he should demand of the King of Spain a promise under Hand and Seal that Heidelburgh should be delivered within Seventy days after Audience and the like for Manheim and Frankendale if they be taken and if this be denied to press to have leave to march through the King of Spains Territories with an Army for the recovery of his Childrens Patrimony and that the King of Spain should assist us with his Forces The Duke desired the Houses to take for truth what ever he should say granted and attested by the Princes presence and declared That this Letter was not put home to the uttermost by Bristol Hereupon a Dispatch was sent away to my Lord of Bristol expresly commanding him to press his Directions more home then yet he had done and in case he should be denied or delayed by the King of Spain then to take his leave and come away This was not so fully exacted by my Lord of Bristol Porter that carried these Letters was commanded not to stay above Ten days who after he had been there some Four or five days and saw nothing towards a Dispatch went himself to the Conde Olivares having been his Creature and desired him that he would speed his Dispatch Olivares asked him what he would have who replied No more then what had been formerly promised that in case the Emperor should deny the Restitution of the Palatinate the King of Spain should assist our King by Arms to recover it or else give way to our Forces to March thither through his Countrey Olivares replied That this was a preposterous demand What to assist with Arms against the Kings Uncle and the Catholick League Porter speaking to him of the Marriage of our Prince with the Infanta of Spain he told him That he understood not a word of it Porter acquainting Bristol herewith he said He would call Olivares to an account if he held this Language with him and would make him understand That an Earl of England was as good a maâ— as a Conde of Spain But sending for Porter the next morning he changed his resolution and concluded to carry the business more calmly and said the Conde was so reserved because he was slie and dainty to report those Mysteries with that freedom to him who was not qualified as a Publick Minister The Conde was angry with Porter for communicating what he said to Bristol Mr. Porter returned with a Dispatch fraught with Generalities without any one particular or certainty at all made in relation to the Prince's Highness who thereupon took his resolution to go in person to Spain and gave himself these Reasons for the enterprise He saw his Fathers Negotiation plainly deluded Matters of Religion gained upon and extorted his Sisters cause more and more desperate and that this was the way to put things off or on and that in this particular delay was worse then a denial and that according to the usual Proverb A desperate disease must have a desperate remedy Hereupon the King commanded the Duke to accompany his Highness in his Journey II. The Treaty of the Marriage severed and by it self WHen the Prince had arived at Madrid the Conde gave him a visit magnified exceedingly the Princes journey amplified the Obligations his Highness had put upon that King and said That now without all peradventure it must be a Match and we must part and divide the whole World between us The next day the Conde taking the Duke into his Coach and Mr. Porter for his Interpreter falling into discourse of the Match he said unto the Duke Let us dispatch this Match out of hand and strike â— up without the Pope The Duke answered He liked the manner very wâ—ll but desired to understand the Means The Means quoth the Conde is very easie it is but the Conversion of the Prince which we cannot conceive but his Highness intended upon his Resolution for this Journey The Duke answered forthwith That with freedom they came thither and with freedom they would return again they were no Juglers neither came they to Spain to make new bargains That the Prince was setled in his Religion his Conscience was troubled with no scruples in that kinde If they struck any more upon that string they would mar all the harmony Then said the Conde there is no way but to send to Rome to hasten the Dispensation to which the Duke assented Hereupon the Conde wrote his Letter to the Cardinal Lodovisia the Popes Nephew which being shewed to the Duke seemed to him to be very heavy the Duke therefore desired to quicken it with this Postscript That now the Prince being arived must not be sent back without a Wife that delay to a Suitor is a kinde of refusal that Clogging Instructions would amount to a denial and new Conditions to an absolute breach The Conde fell into Choller said directly it
gave you thanks for your general offer by which you did engage your selves in your Lives and Estates which is more then Forty Subsidies if you had named them and more worth then a Kingdom for the strength of a King next under the protection of God stands in the hearts of his people And I must needs say in this particular it is without example that ever any Parliament for a beginning gave to a King so great a supply to be levied in so short a time This may well serve for a preparation And for my part first considering your general offer which is ten times more to me then all Subsidies and next considering that these particulars coming from you be as much as at once you are able to pay in so short a time being within a year and as much as may be well expected Therefore with as much love and as great thanks as a loving and kinde King can give to so loving and dutiful a people I thank you for your offer and do accept it I told you before that I would never have craved your Advice to reject it and so to put a scorn upon you Think me not the Man It is true I think no wise King can undertake so great a bargain but he must well be-think himself before-hand And I account it better that a King advise well before he take a Resolution then advise rashly and after repent Therefore my Lords and Gentlemen I declare unto you That as I am willing to follow your Advice in the annulling and breach of the two Treaties both of the Match and of the Palatinate so on the other part I assure my self you will make good what you have said That what you advise me unto you will assist me with your Wisdom and Council and Forces if need require I pray you have a charitable opinion of me as you are to have of a King who hath so long ruled and governed over you and I may vaunt my self thus far to have done it with Justice and Peace But as I told you before all my forbearance hath been for sparing the effusion of Christian Blood and as the most easie and probable way for recovering the Palatinate for my Children It is true I have been so long delayed and paid with generals that I dare not trust longer unto that which made me erre The Duke of Buckingham made a particular relation unto you of all that business and I am sure such an accompt was never before given in Parliament that thereby you may know what to trust to I could in this case have resolved my self but I thought it could not but be both a strength and honor to me to have the Advice of my people My Lords in the late Parliament I then declared it unto you that I was resolved without respect of Friendship or Match or whatsoever to have the Palatinate one way or other I hope you remember it God is my Judge and Saviour I never had any other end and it is pitty I should live to have any other end and for my part except by such means as God may put into my hands I may recover the Palatinate I could wish never to have been born I am old but mine onely Son is yong and I will promise for my self and him both that no means shall be unused for the recovery of it and this I dare say as old as I am if it might do good to the business I would go in mine own person and think my labor and travel well bestowed though I should end my days there For if I should spare any means possible for the recovery of it then let me not be thought worthy to Reign over you and in good faith I never resolved to live with other minde and I will say more there was never any Enemy of my Son-in-law with whom I talked on of the business or any that I ever spake with of the same which did not say and confess I had reason to have the Palatinate one way or other And when they say that it is good reason and themselves allow it it is a good spur to me to think on it My Lords and Gentlemen thus far assure your selves I will go chearfully about it to prepare all things possible for it and as you have given the means so will I employ them toward it In the next degree I hope you will think of me but that I leave to your own Counsel and Consideration But I protest to God a penny of this Money shall not be bestowed but upon this Work and by your own Committees and I assure my self you will think of me for a double Reason My Customs are likely to fall by occasion of the War and my Charges increase but undertaking the War I must go through with it one way or other though I sell my Jewels and all In the next Session you will consider how this hath been husbanded and according to that think what is next to be done and it will spur you the more to enable me for the rest whereof I spake to you before His Majesty further said I will clear you in some things for I will not deal with you in any thing but fairly and clearly as a King Though I have broken the Necks three of Parliaments one after another I hope that in this Parliament you shall be so resolved of the sincerity of my heart and of your duties and affections that this shall be a happy Parliament and make me greater and happier then any King of England ever was In my last Speech I promised you that if I accepted your offer I would follow your Advice and would not after hearken to any Treaty of Peace without first acquainting you and requiring your Advice and I likewise promised nothing should be spent of your Moneys but by your own Committees But I desire you to understand That I must have a faithful secret Counsel of War that must not be ordered by a multitude for so my designs may be discovered before hand and one penny of this Money shall not be bestowed but in sight of your own Committees But whether I shall send Twenty thousand pounds or Ten thousand pounds whether by Sea or Land East or West by Diversion or otherwise by Invasion upon the Bavarian or Emperor you must leave that to your King Assure your selves my delay hitherto was upon hope to have gotten it without a War I held it by a hair hoping to have gotten it by a Treaty but since I see no certainty that way I hope that God who hath put it into your hearts thus to advise me and into my heart to follow your Advice will so bless it that I shall clear my Reputation from obliquy and in despight of the Devil and all his Instruments shew that I never had but an honest heart And I desire that God would bless our labors for the happy Restitution of my Children and whosoever did the wrong
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
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
That Images may be used for the instruction of the Ignorant and excitation of Devotion V. That in the same Homily it is plainly expressed That the attributing the defence of certain Countries to Saints is a spoiling God of his honor and that such Saints are but Dii tutelares of the Gentiles Idolators The said Richard Montague hath notwithstanding in his said Book Entituled A Treatise concerning the Invocation of Saints affirmed and maintained That Saints have not onely a Memory but a more peculiar Charge of their Friends and that it may be admitted That some Saints have a peculiar Patronage Custody Protection and Power as Angels also have over certain Persons and Countries by special deputation and that it is no impiety so to believe Whereas in the seventeenth of the said Articles it is resolved That God hath certianly Decreed by his Counsel secret to us to deliver from Curse and Damnation those whom he hath chosen in Christ out of mankinde and to bring them by Christ to everlasting Salvation wherefore they which be endued with so excellent a benefit of God be called according to Gods purpose working in due season they through Grace obey the Calling they be justified freely walk Religiously in good works and at length by Gods mercy attain to everlasting felicity He the said Richard Montague in the said Book called The Appeal doth maintain and affirm That men justified may fall away and depart from the state which once they had they may arise Again and become new men possibly but not certainly nor necessarily and the better to countenance this his opinion he hath in the same Book wilfully added falsified and charged divers words of the sixteenth of the Articles before mentioned and divers other words both in the Book of Homilies and in the Book of Common-Prayer and so misrecited and changed the said places he doth alleadge in the said Book called The Appeal endeavouring thereby to lay a most wicked and malicious scandal upon the Church of England as if he did herein differ from the Reformed Churches of England and from the Reformed Churches beyond the Seas and did consent to those pernitious Errors which are commonly called Arminianism and which the late famous Queen Elizabeth and King Iames of happy memory did so piously and diligently labour to suppress That the said Richard Montague contrary to his Duty and Allegiance hath endeavored to raise great Factions and Divisions in this Common-wealth by casting the odious and scandalous name of Puritans upon such his Majesties loving Subjects as conform themselves to the Doctrine and Ceremony of the Church of England under that name laying upon them divers false and malicious Imputations so to bring them into jealousie and displeasure with his most Excellent Majesty and into reproach and ignominy with the rest of the people to the great danger of Sedition and Disturbance in the State if it be not timely prevented That the Scope and end of the said Richard Montague in the Books before mentioned is to give encouragement to Popery and to withdraw his Majesties Subjects from the true Religion established to the Roman Superstition and consequently to be reconciled to the Sea of Rome All which he laboreth by subtile and cunning ways whereby Gods True Religion hath been much scandalized those Mischiefs introduced which the wisdom of many Laws hath endeavored to prevent the Devices and Practices of his Majesties Enemies have been furthered and advanced to the great peril and hazard of our Soveraign Lord the King and of all his Dominions and loving Subjects That the said Richard Montague hath inserted into the said Book called The Appeal divers passages dishonorable to the late King his Majesties Father of famous memory full of bitterness railing and injurious Speeches to other persons disgracefull and contemptible to many worthy Divines both of this Kingdom and of other Reformed Churches beyond the Seas impious and profane in scoffing at preaching meditating and conferring Pulpits Lectures Bible and all shew of Religion all which do aggravate his former Offences having proceeded from malicious and envenomed heat against the Peace of the Church and the sincerity of the Reformed Religion publickly professed and by Law established in this Kingdom All which Offences being to the dishonor of God and of most mischievous effect and consequence against the good of this Church and Commonwealth of England and of other his Majesties Realms and Dominions The Commons assembled in Parliament do hereby pray That the said Richard Montague may be punished according to his Demerits in such exemplary manner as may deter others from attempting so presumptuously to disturb the Peace of Church and State and that the Book aforesaid may be suppressed and Burnt Whether an Answer was made to these Articles by Mr Montague we cannot tell for upon search we can finde none About the same time his Majesty being informed that there was great liberty taken by divers of his Subjects to resort to the hearing of Masse at Durham-house in the Lodgings of a Foraign Ambassodor the Privy Council taking notice thereof and accounting it scandalous to this Church and of ill example to be suffered at any time but much more in this time of Parliament required the Bishop of Durham to apprehend such of his Majesties Subjects as should be present at the Masse and to commit them to Prison There was also a Letter sent from the Attorney-General to the Judges of the Circuits to direct their Proceedings against Recusants to this effect THat their Lordships will not omit to publish the Kings Gracious and Religious Determination to go on really and constantly in this way and that out of his bounty and goodness he hath published his Resolution under the Great Seal of England That whatsoever Revenue or Benefit shall arise hereby from Purses of Popish Recusants shall be set apart from his own Treasure and be wholly imployed for the Service of the Commonwealth and shall not be dispensed with to any of what degree soever nor diverted by any the Suits of his Servants or Subjects 2. That their Lordships will be pleased at their first coming into every County within their Circuit to command the Clerk of Assise and Clerk of the Peace to be carefull for the Indictment of Popish Recusants without respect of Persons of what Degree of Honor or Office soever and that they neither make nor suffer to be made any omission or mistaking in their Indictment or other proceedings and that the next Term within ten dayes of the beginning of the Term they give or send to him viz. the Attorney a note in writing who stand indicted of new and that they fail not to certifie the Recusants convicted into the Exchequer by that time That at their Lordships first coming into the County they call the Iustices of Peace then present and the Grand-Iury men to give their Lordships true Information of the Recusants of any Note or Name in that Country and that
upon the Priviledges of the Peers of this Land and upon mine and their safety hereafter For if the Writ be not obeyed the Law calleth it a Misprission and highly fineable whereof we have had late examples and a missive Letter being avowed or not is to be doubted would not be adjudged a sufficient discharge against the Great-Seal of England On the other side if the Letter be not obeyed a Peer may De facto be committed upon a Contempt in the interim and the Question cleared afterwards so that in this case it is above mine abilities I can onely answer your Lordship that I will most exactly obey and to the end I may understand which obedience will be in all kindes most suitable to my duty I will presently repair to my private Lodging at London and there remain until in this and other Causes I shall have petitioned his Majesty and understand his further pleasure For the second part of your Lordships Letter where your Lordship saith That his Majesties meaning is not thereby to discharge any former directions for restraint of your Lordships coming hither but that you continue under the same restriction as before so that your Lordships personal attendance here is to be forborne I conceive your Lordship intendeth this touching my coming to Parliament onely for as touching my comning to London I never had at any time one word of prohibition or colourable pretence of restraint but on the contrary having his late Majesties express leave to come to London to follow my affairs out of my respect to his Majesty then Prince and to the Duke of Buckingham I forbore to come until I might know whether my coming would not be disagreeable unto them whereunto his Majesty was pleased to answer both under the hand of the Duke and of Mr Secretary Conway That he took my respect unto him herein in very good part and would wish me to make use of the leave the King had given me since which time I never received any Letter or Message of restraint onely his Majesty by his Letter bearing date June the last commandeth me to remain as I was in the time of the King his Father which was with liberty to come to London to follow mine own affairs as I pleased as will appear unto your Lordship if you will afford me so much favor as to peruse them I have writ this much unto your Lordship because I would not through misunderstanding fall into displeasure by my coming up and to intreat your Lordship to inform his Majesty thereof And that my Lord Conway by whose Warrant I was onely restrained in the late Kings time of famous memory may produce any one word that may have so much as any colourable pretence of debarring my coming up to London I beseech your Lordship to pardon my desire to have things clearly understood for the want of that formerly hath caused all my troubles and when any thing is misinformed concerning me I have little or no means to clear it so that my chief labor is to avoid misunderstanding I shall conclude with beseeching your Lordship to do me this favor to let his Majesty understand that my coming up is onely rightly to understand his pleasure whereunto I shall in all things most dutifully and humbly conform my self And so with my humble service to your Lordship I recommend you to Gods holy protection and remain Your Lordships most humble Servant BRISTOL Sherborn April 12. 1626. Hereupon the Lord Keeper delivered this Message from the King to the House of Lords THat his Majesty hath heard of a Petition preferred unto this House by the Earl of Bristol so void of duty and respects to his Majesty that he hath great cause to punish him That he hath also heard with what duty and respectfulness to his Majesty their Lordships have proceeded therein which his Majesty conceiveth to have been upon the knowledge they have that he hath been restrained for matters of State and his Majesty doth therefore give their Lordships thanks for the same and is resolved to put the Cause upon the honor and justice of their Lordships and this House And therefore his Majesty commanded him the Lord Keeper to signifie to their Lordships his Royal pleasure That the Earl of Bristol be sent for as a Delinquent to answer in this House his Offences committed in his Negotiations before his Majesties being in Spain and his Offences since his Majesties coming from Spain and his scandalizing the Duke of Buckingham immediately and his Majesty by reflection with whose privity and by whose directions the Duke did guide his Actions and without which he did nothing All which his Majesty will cause to be charged against him before their Lordships in this House The Lords appointed a Committee to attend the King and to present their humble thanks to his Majesty for the trust and confidence he had placed in the honor and justice of their House About this time the Marshal of Middlesex petitioned to the Committee of the House of Commons touching his resistance in seising of Priests goods A Warrant was made by Mr Attorney General to Iohn Tendring Marshal of Middlesex and other therein named to search the Prison of the Clink and to seise all Popish and Superstitious matters there found A Letter also was directed to Sir George Paul a Justice of Peace in Surrey to pray him to take some care and pains to expedite that service On Good Friday April 7. Sir George Paul was ready by six a clock in the morning five or six Constables being charged and about an hundred persons to aid and assist them The Marshall being attended with the persons named in the Warrant and divers others of his own servants and the Aid being provided by Sir George Paul came to the Clink and finding a door open without any Porter or Door-keeper at all entred without resistance at the first appearing But immediately upon discovery of his purpose the Concourse of people without and his unexpected entrance giving occasion thereto the Porter steps up shuts the door and keeps the Marshal and some few that entred together with him within and his Aid without resisting them that would enter their Warrant being shewed notwithstanding until by force another door was broken open by which the other persons named in the Warrant the Marshals men with the Constables and others appointed for their assistance with Halberts did enter also leaving sufficient company without to guard the three several doors belonging to the House Being within the Marshall gave direction to his followers to disperse themselves into several parts of the House to the end that whilest he did search in one part the other parts and places might be safely guarded and so he proceeded in his search in the prosecution whereof he found four several Priests in the house viz. Preston Cannon Warrington Prator Preston was committed to the Clink about 16 years since and discharged of his imprisonment about
default in continuing upon Generalities without pressing to Particulars but hath been caused as well by Difficulties which the business brought with it as also with exterior Accidents viz. The Wars of Bohemia the death of two Popes and of the late King of Spain without the least fault of the said Earl as is acknowledged by his late Majesty of blessed memory in the said Earl his Instructions on the 14. of March 1621. Neither could any delay herein be attributed unto him the said Earl For he was imployed in those times into Germany and Flanders and Sir Walter Aston and Sir Francis Cottington for the space of three or four years were resident in Spain from whence the hopes they gave were upon all the discreet grounds that Ministers can expect from a State But the Earl reassumed this business six moneths before his Majesties coming into Spain and he was so desirous to see his Majesty then Prince bestowed that he pressed nothing so much both to the King and Prince as that the Prince might lose no more time and rather to break the Match with Spain then suffer any further delays as will appear by his Dispatches from his first arrival at the Court of Spain until his Majesties then Prince his coming For in his Letters of Iune 20. 1622. being the first he wrote after his first Audience he was so desirous that no time might be lost that in them he craveth leave of his Majesty that in case he should find any Delays in Spain he might without expecting any Order take his leave and come home Upon the return of Sir Francis Cottington in September following he wrote both to the King and his Majesty then Prince To the King as followeth I Shall presume to add to that which Mr. Cottington shall deliver unto your Majesty by word of mouth of the present estate of the Match what I conceive to be the right way to bring it to a speedy issue That your Majesty will be pleased positively to declare what you will do in point of Religion and that you will appoint me a certain limited time by which this King should procure the Dispensation or conclude the Match without it And in case there shall be any further delay therein that I may then declare your Majesty to be free and disengaged to bestow the Prince in such sort as you shall judge most convenient And to the Prince at thesame wrote in these subsequent words viz. THat which will be necessary for his Majesty presently to do on his Majesties part is to declare himself how far he will be pleased to yield in point of Religion as Mr. Cottington will approve unto your Highness And that he set a prefixed time to break or conclude the Match either with the Dispensation or without the same For the rest it may be left to my Negotiation But your Highness may be pleased to hasten his Majesties resolution with all possible speed And the said Earl saith That having received from his said late Majesty his resolution in point of Religion and a limited time according to his desire he was so precise and punctual therein that although the making or breaking of the Marriage depended upon it he would not give one moneths respite longer time for the procuring of the Dispensation until he had first acquainted his late Majesty therein and received his Directions under his own hand as will appear by his Majesties Letters of Octob. 25. 1622. as followeth RIght Trusty and welbeloved Cousin and Counsellor We greet you heartily well Whereas by your last Letter written to our Secretary dated Sept. 29. you are desirous to have our pleasure signified unto you under our own hand Whether we will be content or not to grant a Moneths time longer for the coming of the Dispensation from Rome then we have already limited unto you in case they shall there conclude all things else to our contentment with a Resolution to send the Infanta hither the next Spring We do hereby declare unto you that in that case you shall not break with them for a Moneths longer delay We also wish you not to trouble your self with the rash Censure of other men in case your business should not succeed resting in that full assurance of our Iustice and Wisdom that we will never judge a good and faithful Servant by the effect of things so contingent and variable And with this assurance we bid you heartily farewell And he further saith That when he had agreed to the Articles of Religion and that a certain time was set for the coming of the Dispensation and a Conclusion of the Match although he would bind himself to nothing without his Majesties approbation yet for that no time might be lost he agreed to the Propositions De bene esse sent by Mr. Porter Decemb. 10. 1622. to the end the Articles might immediately be sent to Rome without losing so much time as to hear first from England And humbly moved that in case his Majesty should like of the said Articles he would send his Approbation directly to Rome for the gaining of time which his Majesty was pleased to do And at the same time he wrote both to his said late Majesty and his Majesty then Prince as followeth viz. To his Majesty This is the true state of the business as it now standeth If your Majesty approve of what is done I hope it will be a happy and a short Conclusion If your Majesty think it not fit to allow and condescend to the said Articles I have done the uttermost of my endeavors and shall humbly perswade your Majesty not to lose a day longer in the Treaty so much it importeth your Majesty and your Kingdoms that the Prince were bestowed And to the Prince in Letters of the like date in this sort I have presumed to write to his Majesty that which I think my duty to say to your Highness That in case you shall not approve of what is now conditionally agreed you permit not a day more to be lost in this Treaty For it is of so great consequence that your Highness were bestowed that it importeth almost as much that you were speedily as â—itly matched But I hope his Majesty and your Highness will in such sort approve of this last Agreement as you will speedily bring this long Treaty to a happy conclusion I am out of hope of bringing things to any better terms therefore I deal clearly with your Highness and do not only most humbly perswade but on my knees beg it of you that you either resolve to conclude this Match as you may or speedily to break it and bestow your self elswhere for no less then the happiness of your Kingdom and the security of the King your Father and your self depend upon it All which things being considered the Earl most humbly submitteth himself to the Judgment of that most high and honorable Court whether the Delays which accidents have brought forth in
his Majesties will and pleasure is that a Legal and Authentical Pardon shall be passed under the Great Seal wherein shall be freely pardoned all those Penalties Forfeitures and Seisures Indictments Convictments and Incumbrances whatsoever whereunto the Roman Catholicks are lyable or have been proceeded against or might be as well Priests as others for matters of Conscience onely and to which the rest of his Majesties Subjects are not liable And to the end his Majesty may make himself clearly understood where it shall happen that any of those Forfeitures and Pecuniary Mulâ—s have béen given away under his Majesties Great Seal his Majesty will not hide that it is not in his power so to make void those Letters Patents except they be voidable by Law and then his Majesty is well pleased that all Roman Catholicks may in these Cases plead in Law if they finde it good and shall have equal and legal Tryal And his Majesty is likewise pleased that his General Pardon shall remain in being Five years to the end all that will may in that time take it out and his Majesty will give order for the comfort of the poorer sort that the Pardon shall not be costly but such like course shall be taken as was in a like occasion at his majesties coming into England and that it shall be lawful to put as many as can be possible into one Pardon And we do further Declare That his Majesties will and pleasure is to the end the Roman Catholicks his Majesties Subjects may have a present and a frée fruition of as much as is intended them by the Articles of Treaty of Marriage to cause a present Suspension under his Majesties Seal of all those Penal Laws Charges and Forfeitures whereunto the Roman Catholick Subjects of his Majesty have heretofore béen subject and to which the rest of his Majesties Subjects have not béen liable and in the same Grant and under the same Seal to give a Dispensation and Toleration to all the Roman Catholicks his Majesties Subjects as well Priests as Temporal persons and others of and from all the Penalties Forfeitures Troubles and Incumbrances which they have béen or may be subject to by reason of any Statute or Law whatsoever to the observation whereof the rest of his Majesties Subjects are not bound We do likewise declare That his Majesty hath promised in his Royal Word that the execution shall be no ways burthensome or penal to the Roman Catholicks but that for the manner of priviledging and fréeing them from that he must confer with Bishops and Advocates into which he will presently enter and expedite by all means And we do further declare That his Majesties intention is presently to pursue his former Directions which had béen before executed if their Excellencies had so thought good to put under his Seal severally the said Pardon and Suspension and Dispensation and that his Majesties Attorney and learned Council shall have referred to them the charge to pen them with all those effectual words clauses expressions and reservations which may presently give fruition to the Roman Catholicks his Majesties Subjects and make them inviolable in the fruition of all that is intended and promised by his Majesty in the Articles of Marriage and his Majesties further Grace And we do declare That his Majesties further will and pleasure is for the better satisfaction and discharge of the care and endeavor of their Excellencies the Ambassadors that it shall be lawful to them to assign a discréet person to entertain such sufficient Lawyers as shall be thought sit to take care to the strength validity and security of the said Grants and his Majesties Attorney shall have charge to receive and admit the said Lawyers to the sight and judgment of the said Draughts and in any doubts to give them satisfaction or to use such legal necessary and pertinent words and phrases as he the said Lawyer shall propound for the security of the Roman Catholicks and sure making of the said Grants And we do further declare That his Majesties pleasure is to make a Dispatch into Ireland unâ—o his Deputy there by the hands of the Lord Treasurer and Secretary of State Sir George Calvert for the present confirming and sealing the things concerning the Roman Catholicks answerable to the Articles of Treaty his Royal Promise and Procéedings here And for Scotland That his Majesty according to the constitution of his Affairs there and regard to the Publick good and peace of that Kingdom and as soon as possible will do all that shall be convenient for the accomplishment of his Promise in Grace and Favor of the Roman Catholicks his Subjects conformable to the Articles of Treaty of Marriage But this Declaration the said Earl saith and affirmeth was the effect of the Duke of Buckinghams Negotiation and treated and concluded by the Lord Conway with the Spanish Ambassador here whilst the Prince was in Spain neither was his privity or advice in it For if he had known it he should have protested against it All which together with the difference betwixt the Conditions of Religion agreed at the Treaty of Madrid 12 December 1622. by the said Earl and the said Sir Walter Aston being by their Lordships considered the said Earl doubteth not but it will manifestly appear whose endeavor it was to advance the Romish Religion and the Professors thereof and judge the said Earl most unfortunate to be charged with an Article of this kinde VI. To the Sixth Article the Earl saith That the Assurances which he gave his late Majesty and his Majesty that now is concerning the Treaties were such That it had been dishonesty and breach of his duty and trust for him to have held them back being the same that were given him by the Emperor and the King of Spain and their Ministers upon as great Assurances as can pass between Ministers of Princes in the like case And for the Delays of Spain they could be never so ill and with so little colour complained of as at the time of his Majesties coming thither for that a certain time was before then prefixed for the coming of the Dispensation viz. in April 1623. at the furthest which was the next moneth after the Princes arival at Madrid the Desponsories were to be within four days following and the Infanta to begin her journey into England twenty days after So as three moneths patience longer would have shewed the issue of the business without putting of the person of the Prince being Heir-Apparant to the Crown in so eminent a hazard for the trying of an experiment And it is an argument of great suspition because the Spaniards were suspected to have dealt falsly and so the less to be trusted with the person of the Prince to be put into their hands to try conclusions But the truth is though that were made the pretended ground and the occasion of the journey it was neither the Assurances of the said Earl nor the Jealousies of Spain
but look upon it and for want of Perspectives commend the nearer examination to your Lordships who may behold it at a nearer distance Such a prodigious Comet the Commons take this Duke of Buckingham to be against whom and his irregular ways there are by learned Gentlemen legal Articles of Charge to be delivered to your Lordships which I am generally first commanded to lay open 1. The Offices of this Kingdom that are the Eyes the Ears and the Hands of this Commonwealth these have been ingrossed bought and sold and many of the greatest of them holden even in the Dukes own hands which severally gave in former ages sufficient content to greatest Favorites and were work enough for wisest Counsellors by means whereof what strange abuses what infinite neglects have followed The Seas have been unguarded Trade disturbed Merchants oppressed their Ships and even one of the Royal Navy by cunning practice delivered over into Foreign hands and contrary to our good Kings intention employed to the prejudice almost to the ruine of Friends of our own Religion 2. Next Honors those most pretious Jewels of the Crown a Treasure inestimable wherewith your Noble Ancestors my Lords were well rewarded for eminent and publick Service in the Common-wealth at home for brave exploits abroad when covered all with dust and blood they sweat in service for the honor of this Crown What back-ways what by-ways have been by this Duke found out is too well known to your Lordships whereas antiently it was the honor of England as among the Romans the way to the Temple of Honor was through the Temple of Vertue But I am commanded to press this no further then to let your Lordships know one instance may perhaps be given of some one Lord compelled to purchase Honor 3. As divers of the Dukes poor Kinred have been raised to great honors which have been and are likely to be more chargeable and burthensome to the Crown so the Lands and Revenews and the Treasuries of his Majesty have been intercepted and exhausted by this Duke and his Friends and strangely mis-employed with strange confusion of the Accounts and overthrow of the well established antient Orders of his Majesties Exchequer 4. The last of the Charges which are prepared will be an injury offered to the person of the late King of Blessed memory who is with God of which as your Lordships may have heard heretofore you shall anon have further information Now upon this occasion I am commanded by the Commons to take care of the honor of the King our Soveraign that lives long may he live to our comfort and the good of the Christian World and also of his Blessed Father who is dead on whom to the grief of the Commons and their great distaste the Lord Duke did they conceive unworthily cast some ill odor of his own foul ways whereas Servants were antiently wont to bear as in truth they ought their Masters faults and not cast their own on them undeservedly It is well known the King who is with God had the same power and the same wisdom before he knew this Duke yea and the same affections too through which as a good and gratious Master he advanced and raised some Stars of your Lordships Firmament in whose hands this exorbitancy of will this transcendency of power such placing and displacing of Officers such irregular runing into all by-courses of the Planets such sole and single managing of the great Affairs of State was never heard of And therefore onely to the Lord Duke and his procurement by mis-informations these faults complained of by the Commons are to be imputed And for our most Gratious Soveraign that lives whose name hath been used and may perhaps now be for the Dukes justification the Commons know well That among his Majesties most Royal Virtues his Piety unto his Father hath made him a pious nourisher of his Affections ever to the Lord Duke on whom out of that consideration his Majesty hath wrought a kinde of wonder making Favor Hereditary but the abuse thereof must be the Lord Dukes own And if there have been any Commands such as were or may be pretended his mis-informations have procured them whereas the Laws of England teach us That Kings cannot command ill or unlawful things when ever they speak though by their Letters Patents or their Seals If the things be evil these Letters Patents are void and whatsoever ill event succeeds the Executioners of such Commands must ever answer for them Thus my Lords in performance of my duty my weakness hath been troublesome unto your Lordships it is now high time humbly to entreat your pardon and give way to a learned Gentleman to begin a more particular charge Then were read the First Second and Third Articles viz. 1. THat whereas the great Offices expressed in the said Dukes Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employed by the Royal Progenitors of our Soveraign Lord the King in places of less Dignity were much encouraged with the hopes of advancement And whereas divers of the said places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able person He the said Duke being yong and unexperienced hath of late years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them II. Whereas by the Laws and Statutes of this Kingdom of England if any person whatsoever give or pay any sum of Money Fee or Reward directly or indirectly for any Office or Offices which in any-wise touch or concern the Administration or Execution of Justice or the keeping of any of the Kings Majesties Towns Castles or Fortresses being used occupied or appointed for places of strength and defence the same person is immediately upon the same Fee Money or Reward given or paid to be adjudged a disabled person in the Law to all intents and purposes to have occupy or enjoy the said Office or Offices for the which he so giveth or payeth any sum of Money Fee or Reward He the said Duke did in or about the Moneth of Ianuary in the Sixteenth year of the late King Iames of Famous memory give and pay to the Right Honorable Charles then Earl of Nottingham for the Office of Great Admiral of England and Ireland and the Principality of
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
the old Rent remaining still the Land may be surendred at the same value Whether this have been practised he could not affirm not having had time to examine it yet he desired the Lords to enquire after it the rather for that the Manor of G. in Lincolnshire being dismembred and Seventeen pounds of the old Rents sold out of it was by a Surrender turned back upon his Majesty 4. The fourth point of this Branch was The colourable Tallies divers parcels of these Lands had from the Crown in lieu of this surrender being sold and contracted for by his own Agent and the money received by himself or to his use and yet Tallies were stricken out as if it had really come to the Exchequer for his Majesties service This is to be proved by his own Officers by the Officers of the Exchequer and by the Tallies themselves which Tallies amount unto 20563 l. 16 s. 8 d. Whence he observed First That there ran a trade of Falshood toward the King throughout all this his dealing Secondly That this was a Device thought upon to prevent the wisdom of Parliament for by this means the Grant seems to have the face of valuable purchases whereas they were indeed free gifts Thirdly If the Title of those Lands should prove questionable it appearing by Record as if the King had received the money he was bound in honor to make restitution and yet the Duke had the profit But it may be said This was the Purchasors desire for their own security Of which objection he made this use That the Subjects generally took notice of so much Lands given to the Duke that there is good cause 〈◊〉 expect a Resumption In the second general branch of this Article concerning Money the first point observed was the Total sum received by him in Ten years space amounting to 162995 l. besides the Grant he hath of the Overplus above Three thousand pounds per annum to be made of the Third imposed upon Strangers goods and besides the Moyetie of Seven thousand pounds out of the Customs of Ireland which he is bound to pay to the King but whether it hath been paid or no is doubtful This he delivered as a Sum Estimative yet so computed as it may be more but not less And this Total ariseth by free gifts by Pensions to himself else by profit of Farms by Pensions to others For Offices whereof he received the profit as the Admiralty and Mastership of the Horse All which appear by a Schedule annexed to this Charge The Grievances consist in this That the Commonwealth hath been bereaved of the use and imployment of so Publick Treasure in a time of as great want and great occasions in this State as it hath had in many Ages when the expences of the Kings Court can hardly be supplied when his Houses and Castles are unfurnished when the Seas have been unguarded the Coasts subject to the incursion and spoil of Enemies by default of provision in the Navy to the dishonor of the Nation and damage of the Subjects and the hazard of the whole And the offence in this that the wants in the Navy and the Stores being within his own Charge he was no more sensible of them whereby it appears he preferred the serving of his own turn before his duty and before the safety of this State The second point observed in this branch was That the Duke under pretence of secret services hath procured great sums of money to be issued by Privy-seals to sundry persons named by himself but afterward imployed to his own use Hereof two instances are propounded The one of Eight thousand pounds paid to Sir Robert Pye 12 Aug. 1620. and by him disbursed for the Dukes purchase of Burleigh and Sir Robert Pye discharged by another Privy-seal 4 Iunii following The second instance is of Sixty thousand pounds paid to Burlimach by a Privy-seal in September 1625. Which time he rather noted because the Parliament at Oxford was broken up a little before out of discontent that the King was not supplied for the setting out of the Fleet which would have been done with a less sum For the proof of that the House of Commons will offer to your Lordships Witnesses The quality of this offence he left to their Lordships judgment yet propounding some things by way of enquiry from whence it might receive measure and proportion 1. Whether it had not affinity with the Crime in the Civil Law called Crimen peculatus which was when a man did unjustly turn to his own use that money which was either sacra dedicated to Gods service religiously or religiosa used about Funerals and Monuments of the dead or publica of which kind the matter now in question is And this offence by that Law was Death and Confiscation of goods and estate Which he notes the rather that their Lordships might perceive that in the wisest State the Publick Treasure was held in the same reputation with that which was dedicated to God and Religion 2. And whether it doth not resemble◠other Crime in the same Law termed Crimen falsi and is defined to be when a man shall imitatione veri suum compendium alieno dispendio per dolum facere by semblance of truth make gain to himself of other mens losses Which in the case of a Bondman was Death and in case of another man Banishment and Confiscation or otherwise very penal as the Judges should find cause of moderation or rigor in the nature and circumstances of the Fact 3. Whether their Lordships will estimate it according to any Sentences in the Star-chamber which have been very frequent in cases of Fraud Or according to the Common-Law which so much detests this kind of dealing as that they term it Covin and make it vitiate ordinary and lawful actions Or lastly whether they will measure it by that Judgment which the Duke hath pass'd against himself in the guilt of his own Conscience Direct Actions are not afraid to appear open-faced but Injustice and Fraud desire to be masked with Subtilty and Closeness It were offence enough if there were no more but a cunning concealing of unthankfulness to hide his Majesties bounty or guilt of unworthiness as if he durst not avow the receit of that which he had not merited both which proceed from Malum culpae Or else that other kind of guilt which proceeds from Malum poenae the fear of punishment foreseeing this Inquisition into his actions and hoping under this disguise of Publick service to escape their Lordships censure The third point in this branch is That he hath received sundry sums of money intended for the maintenance of the Navy whereof there are two instances the one whereof is 20000 l. the other of 30000 l. both in Ianuary 1624. By Privy-seal by the which these sums are issued they appear to be Free gifts But by the affirmation of some in answer for the Duke it hath been said He was only the hand
said Drink or Potion to his said late Majesty who thereupon at the same times within the seasons in that behalf prohibited by his Majesties Physitians as aforesaid did by the means and procurement of the said Duke drink and take divers quantities of the said Drink or Potion After which said Plaisters and Drink or Potion applied and given unto and taken and received by his said Majesty as aforesaid great distempers and divers ill symptoms appeared upon his said Majesty insomuch That the said Physitians finding his Majesty the next morning much worse in the estate of his health and holding a Consultation thereabout did by joynt consent send to the said Duke praying him not to adventure to minister to his Majesty any more Physick without their allowance and approbation And his said Majesty himself finding himself much diseased and affected with pain and sickness after his then fit when by the course of his Disease he expected intermission and ease did attribute the cause of such his trouble unto the said Plaister and Drink which the said Duke had so given and caused to be administred unto him Which said adventrous act by a person obliged in duty and thankfulness done to the Person of so great a King after so ill success of the like formerly administred contrary to such Directions as aforesaid and accompanied with so unhappy event to the great grief and discomfort of all his Majesties Subjects in general is an Offence and Misdemeanor of so high a nature as may justly be called and is by the said Commons deemed to be an act of transcendent presumption and of dangerous consequence Mr. Wandesford deputed to enlarge and aggravate upon the Thirteenth Article commended the charity and providence of that Law which makes it penal for unskilful Empyricks and all others to exercise and practice Physick upon common persons without a lawful Calling and Approbation branding them that thus transgress as Improbos Ambitiosos Temerarios Audaces homines But he that without skill and calling shall direct a Medicine which upon the same person had wrought bad effects enough to have disswaded a second adventure and then when Physitians were present Physitians selected for Learning and Art prepared by their Office and Oaths without their consent nay even contrary to their Direction and in a time unseasonable He must needs said he be guilty albeit towards a common person of a precipitate and unadvised rashness much more towards his own Soveraign And so pious are our selves to put the Subjects in minde of their duty towards their Princes Persons so Sacred that in the attempt of a Madman upon the King his want of Reason which towards any of his fellow Subjects might have quit him of Felony shall not excuse him of Treason And how wary and advised our Ancestors have been not to apply things in this kinde to the Person of a King may appear by a President 32 Hen 6. where Iohn Arundel and others the Kings Physitians and Chirurgeons thought it not safe for them to administer any thing to the Kings Person without the assent of the Privy Council first obtained and express Licence under the Great Seal of England This Medicine found his Majesty in the declination of his desease and we all wish it had left him so but his better days were shortly turned into worse and instead of health and recovery we hear by good testimony that which troubles the poor and loyal Commons of England of great distempers as Droughts Raving Fainting an intermitting Pulse strange effects to follow upon the applying of a Treacle Plaister But the truth is Testimony tells us That this Plaister had a strange smell and an invective quality striking the malignity of the disease inward which Nature otherwise might have expelled outward Adde to this the Drink twice given to his Majesty by the Duke his own hands and a third time refused and the following Complaint of that blessed Prince the Physitians telling him to please him for the time That his second impairment was from cold taken or some other ordinary cause No no said his Majesty it is that which I had from Buckingham And though there be no President said he of an act offered to the Person of a King so insolent as this yet is it true that divers persons as great as this have been questioned and condemned for less offences against the Person of their Soveraign It was an Article amongst others laid against the Duke of Somerset for carrying Edward the Sixth away in the night time out of his own head but from Hampton Court to Windsor and yet he was trusted with the Protection of his person Presidents failing us in this point the Common Law will supply us The Law judgeth a deed done in the execution of an unlawful act Man-slaughter which otherwise would but have been Chance-medley and that this act was unlawful the House of Commons do believe as belonging to the Duty and Vocation of a sworn and experimented Physitian and not the unskilfulness of a yong Lord. And so pretious are the lives of men in the Eye of the Law that though Mr. Stanford saith If a Physitian take one into his Cure and he die under his hands it is not Felony because he did it not Feloniously Yet it is Mr. Bractons opinion That if one that is no Physitian or Chirurgeon undertake a Cure and the party die under his hands this is Felony And the Law goeth further making Physitians and Chirurgeons themselves accomptable for the Death of their Patients if it appear they have transgressed the Rules of their own Art that is by undertaking a thing wherein they have no experience or having yet failed in the care and diligence Lastly He said he was commanded by the House of Commons to desire their Lordships That seeing the Duke hath made himself a President in committing that which former Ages knew not their Lordships will out of their Wisdom and Justice make him an example for the time to come The several Articles being thus enlarged and aggravated by the said respective Members Sir Iohn Elliot was appointed to make the Epilogue to the Impeachment who spake thus My Lords YOur Lordships have heard in the Labors of these two days spent in this Service a Representation from the Knights Citizens and Burgesses of the Commons House of Parliament of their Apprehension of the present Evils and dangers of this Kingdom of the Causes of the same and of the Application of them to the Duke of Buckingham so clearly and fully as I presume your Lordships expect I should rather conclude then adde any thing to his charge Your Lordships have heard how his Ambition was expressed in procuring and getting into his hands the greatest Offices of strength and power of this Kingdom by what means he had attained them and how Money stood for Merit There needs no Argument to prove this but the common sense of the Miseries and Misfortunes which we suffer
to the Acts and Law of State in that behalf A Committee was appointed to prepare an Answer to his Majesties Letter which was ingrossed and allowed of but the Copy thereof we cannot finde yet the Substance was delivered by the Speaker Sir Henage Finch in these words Most gracious and dread Soveraign ACcording to that liberty of access and liberty of speech which your Majesty and your Royal Progenitors have ever vouchsafed to your House of Commons your Majesties most humble and Loyal Subjects the Commons now assembled in Parliament have been Suitors for this access to your Royal Throne And out of their consideration of the nature and of the weight and importance of the business they have thought the attendance of the whole house with their Speaker not too solemn and yet they have not thought fit barely to commit those words which express their thoughts to the trust of any mans Speech but are bold to present them in writing to your gracious hands that they may not vanish but be more lasting then the most powerfull words of a more able Speaker like to be I have much to read and shall therefore as little as I can weary your Majesty with Speeches This Parchment contains two things the one by way of Declaration to give your Majesty an accompt and humble satisfaction of their clear and sincere endeavors and intentions in your Majesties service and the other an humble Petition to your Majesty for the removal of that great person the Duke of Buckingham from access to your Royal presence For the first They beseech your most excellent Majesty to beleeve that no earthly thing is so dear and precious to them as that your Majesty should retain them in your grace and good opinion and it is a grief to them beyond my expression that any misinformation or misinterpretation should at any time render their words or proceedings offensive to your Majesty It is not proper for any to hear the Eccho of a voice that hears not the voice and if Eccho's be sometimes heard to double and redouble the Eccho of the Eccho is still fainter and sounds not lowder I need not make the Application words misreported though by an Eccho or but an Eccho of an Eccho at a third or fourth hand have oft a lowder sound then the voice it self and may sound disloyalty though the voice had nothing undutifull or illoyal in it Such misinformations they fear have begot those interruptions and diversions which have delayed the ripening and expediting of those great Counsels which concern your Majesties important service and have enforced this Declaration I pass from that to the Petition in which my purpose is not to urge those Reasons which your Majesty may hear expressed in their own words in the language of the people I am onely directed to offer to your great wisdom and deep judgement that this petition of theirs is such as may stand with your Majesties honor and justice to grant Your Majesty hath been pleased to give many Royal Testimonies and Arguments to the world how good and gracious a Master you are and that which the Queen of Sheba once said to the wisest King may without flattery be said to your Majesty Happy are those Servants which stand continually before you But the Relations by which your Majesty stands in a gracious aspect towards your people do far transcend and are more prevalent and binding then any relation of a Master towards a Servant and to hear and satisfie the just and necessary desires of your people is more honorable then any expression of grace to a servant To be a Master of a Servant is communicable to many of your Subjects to be a King of people is Regal and incommunicable to Subjects Your Majesty is truly stiled with that name which the greatest Emperors though they borrowed names and titles from those Countries which they gained by conquest most delighted in Pater Patriae and desires of children are preferred before those of servants and the servant abideth not in the house for ever but the son abideth ever The Government of a King was truely termed by your Royal Father a Politick Marriage between him and his People and I may safely say there was never a better union between a married Pair then is between your Majesty and your People Afterwards the Commons made what haste they could to perfect a Remonstrance or Declaration against the Duke and concerning Tonage and Poundage taken by the King since the death of his Father without consent in Parliament which was no sooner finished but they had intimation the King would that day dissolve the Parliament whereupon they ordered every Member of the House to have a Copy of the Remonstrance And at the same time the Lords prepared this ensuing Petition to stay his purpose in dissolving the Parliament May it please your Excellent Majesty WE your faithfull and loyal Subjects the Peers of this Kingdom having received this morning a Message from your Majesty intimating an intention to dissolve this Parliament remembring that we are your Majesties hereditary great Council of the Kingdom do conceive that we cannot deserve your Majesties gracious opinion expressed in this Message unto us nor discharge our duty to God your Majesty and our Country if after expression of our great and universal sorrow we did not humbly offer our loyal and faithfull advice to continue this Parliament by which those great and apparent dangers at home and abroad signified to us by your Majesties command may be prevented and your Majesty made happy in the duty and love of your people which we hold the greatest Safety and Treasury of a King for the effecting whereof our humble and faithfull endeavor shall never be wanting The Lords sent the Vicount Mandevile Earl of Manchester Lord President of his Majesties Council the Earl of Pembrook the Earl of Carlile and the Earl of Holland to intreat his Majesty to give audience to the whole House of Peers But the King returned Answer That his Resolution was to hear no motion to that purpose but he would dissolve the Parliament and immediately caused a Commission to pass under the Great-Seal to that purpose in haec verba CAROLUS Dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Reverendissimo in Christo Patri fideli Consiliario nostro Georgio Archiepisc. Cantuar. totius Angliae Primati Metropolitano Ac perdilecto fideli Consiliar nostro Thomâ—e Coventry militi Dom. Custod Magni Sigilli nostri Angliae Ac etiam Reverendiss in Christo Patri Tobiae Archiep. Ebor. Angliae Primati Metropolitano Nec non charissimis Consanguineis Consiliariis nostris Iacobo Comiti Marlborough Thesaurario nostro Angliae Henrico Comiti Manchester Dom. Presidenti Consilii nosâ—ri Edwardo Comiti Wigorn. Custod Privati Sigilli nostri Georgio Duci Buckingham Magno Admirallo nostro Angliae Willielmo Comiti Pembroke Camerario Hospitii nostri Ac etiam
for the continuance of that service and safety Which we cannot hope for and we beséech your most excellent Majesty graciously to receive this our humble and frée protestation That we cannot hope for it so long as we thus suffer under the pressures of the power and ambition of the said Duke and the divers and false Informations so given to your Majesty on his behalf and for his advantage especially when we observe also that in such his greatness he preventeth the giving of true Information to your Majesty in all things that may any ways reflect on his own misdoings to shew unto your Majesty the true state of your Subjects and Kingdoms otherwise then as it may be represented for his own ends And to that purpose also hath he procured so many persons depending on him either by alliance or advancement to places of eminencie near your Sacred person Through his misinformations of that kind also and power we have séen to our great grief both in the time of your Majesties Royal Father of blessed memory and of your Majesty divers Officers of the Kingdom so often by him displaced and altered that within these few years past since the beginning of his greatness more such displacings and alterations have by his means happened then in many years before them Neither was there in the time of your Royal Father of blessed memory any such Course held before it was by the practice of the said Duke thus induced And since that time divers Officers of the Crown not only in this your Kingdom of England but also in Ireland as they have béen made friends or adverse to the said Duke have béen either so commended or mispresented by him to his Soveraign and by his procurement so placed or displaced that he hath always herein as much as in him lay made his own ends and advantage the measure of the good or ill of your Majesties Kingdoms But now at length may it please your most excellent Majesty we have received from the Lords a Copy of the said Dukes Answer to our Charge transmitted against him whereunto we shall presently in such sort reply according to the Laws of Parliament that unless his power and practice again undermine our procéedings we do not doubt but we shall upon the same have Iudgment against him In the times also most gracious Soveraign of these Interruptions which came amongst us by reason of the procurement of two of our Members committed A gracious Message was formerly received from your Majesty wherein you had been pleased to let us know That if you had not a timely Supply your Majesty would betake your self to New Counsels which we cannot doubt were intended by your most excellent Majesty to be such as stood with Iustice and the Laws of this Realm But these words New Counsels were remembred in a Speech made amongst us by one of your Majesties Privy-Council and lately a Member of us who in the same Speech told us He had often thought of those words New Counsels That in his consideration of them he remembred that there were such kinds of Parliaments antiently among other Nations as are now in England That in England he saw the Country-people live in happiness and plenty but in these other Nations he saw them poor both in persons and habit or to that effect Which state and condition happened as he said to them where such New Counsels were taken as that the use of their Parliaments ended This intimation may it please your Majesty was such as also gave us just cause to fear there were some ill Ministers near your Majesty that in behalf of the said Duke and together with him who is so strangely powerful were so much against the Parliamentary Course of this Kingdom as they might perhaps advise your most excellent Majesty such New Counsels as these that fell under the memory and consideration of that Privy-Counsellor And one especial reason among others hath increased that fear amongst us For that whereas the Subsidies of Tonnage and Poundage which determined upon the death of your most Royal Father our late Soveraign and were never payable to any of your Majesties Ancestors but only by a special Act of Parliament and ought not to be levied without such an Act yet ever since the beginning of your Majesties happy Reign over us the said Subsidies have béen levied by some of your Majesties ministers as if they were still due although also one Parliament hath béen since then begun and dissolved by procurement of the said Duke as is before shewed wherein no Act passed for the same Subsidies Which example is so much against the constant use of former times and the known Right and Liberty of your Subjects that it is an apparent effect of some new Counsels given against the antient setled Course of Government of this your Majesties Kingdom and chiefly against the Right of your Commons as if there might be any Subsidy Tax or Aid levied upon them without their consent in Parliament or contrary to the setled Laws of this Kingdom But if any such do so ill an office as by the misrepresentation of the state and right of your Majesties loyal Subjects advise any such new Counsels as the levying of any Aid Tax or Subsidy among your people contrary to the setled Laws of your Kingdom We cannot most gracious Soveraign but esteem them that so shall advise not only as Uipers but Pests to their King and Commonwealth as all such were to both Houses of Parliament expresly stiled by your most Royal Father but also Capital Enemies as well to your Crown and Dignity as to the Commonwealth And we shall for our parts in Parliament shew as occasion shall require and be ready to declare their offences of this kind such as that may be rewarded with the highest punishment as your Laws inflict on any Offenders These and some of these things amongst many other Most gracious Soveraign are those which have so much prevented a right understanding betwéen your Majesty and us and which have possessed the hearts of your people and loyal Commons with unspeakable sorrow and grief finding apparently all humble and hearty endeavors misinterpreted hindred and now at last almost frustrated utterly by the interposition of the excessive and abusive power of one man Against whom we have just cause to protest not only in regard of the particulars wherewith he hath béen charged which in Parliamentary way we are enforced to insist upon as matters which lie in our notice and proof but also because we apprehend him of so unbridled Ambition and so averse to the good and tranquillity of the Church and State that we verily believe him to be an Enemy to both And therefore unless we would betray our own duties to your Majesty and those for whom we are trusted We cannot but express our infinite grief that he should have so great power and interest in your Princely affections and under your Majesty wholly in
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
by the Books of our Laws that Liberty is a thing so favored of the Law that the Law will not suffer the continuance of a man in prison for any longer time then of necessity it must And therefore the Law will neither suffer the Party Sheriffs or Judges to continue a man in prison by their power and pleasure It doth speak of the delivery of a man out of prison with as reasonable expedition as may be And upon this reason it hath been resolved that howsoever the Law alloweth that there may be a Term between the Teste of an Original Writ and the Return of the same where there is only a Summons and no Imprisonment of the body yet the Law will not allow that there should be a Term between the Teste of a Writ of Capias and the Return of the same where the body of a man is to be imprison'd insomuch that it will give no way that the party shall have power to continue the body of a man longer time in prison then needs must so tender is the Law of the Subjects Liberty Monday the 27. of November the Attorney-General argued for the King That this was a very great Cause and hath raised great expectation and he was afraid that those Gentlemen whom it concerns have rather advised their Councils then their Councils them For the first Exception That the Return is not positive but hath relation to some others He did conceive it was positive enough For said he the words are Quod detentus est sub custodia mea per speciale mandatum Domini Regis The other words mihi significatum they follow after but are not part of the affirmation made before it And if they will have it as they seem to understand it then they must return the words thus Quod significatum est mihi per Dominos Privati Consilii quod detentus est per speciale mandatum Domini Regis And then it had not been their own proper Return but the signification of another the Lords of the Council The turning of the sentence would resolve this point the thing it self must speak for it self It is clear it is a positive Return that the detaining is by the command of the King and the rest of the Return is rather satisfaction to the Court then any part of the Return And for the other Exception That the Cause of the Cause is returned and not the Cause it self He said Among the Logicians there are two Causes there is Causa causans and Causa causata The Causa causans here in this Case is not the Warrant from the Lords of the Council for that is Causa causata But the primary and original Cause which is Causa causans is Speciale mandatum Domini Regis the other is but the Councils signification or testification or Warrant for him that made the Return And for the other Exception The Cause is imperfect because it shews only the Cause of detaining in Prison and not the Cause of the first Commitment He conceives it is sufficient for an Officer of the Law to answer That the Writ is a Command to make a Return of the detaining of the Prisoner and he accordingly makes a Return of the Detention and if the Keeper of the Prison had only said they were detained per speciale mandatum c. it had been good Then he proceeded to the matter of the Return and to answer the Book-Cases and Records that had been cited by the Council for the Prisoners and to produce Presidents on the Kings behalf which are extant in Print to which the Reader is referred Afterwards Sir Nicholas Hide Chief Justice Justice Dodderidge Justice Iones and Justice Whitlock being upon the Bench and Sir Iohn Heveningham and the forementioned Prisoners being brought to the Bar Sir Nicholas Hide Lord Chief Justice by the consent and direction of the Judges spake to this purpose That the Court hath seriously considered what hath been spoken by either side and are grown to a resolution And that his Brothers have enjoined him to deliver unto you the resolution of the whole Court And therefore said he though it be delivered by my mouth it is the resolution of us all I am sure you expect Justice from hence and God forbid we should sit here but to do Justice to all men according to our best skill and knowledge as it is our oaths and duties so to do But this is a Case of very great weight and great expectation and requires more solemn Arguments then the time will now permit The Exceptions which have been taken to this Return are two the one for the form the other for the substance First for the form because it is not returned as they say positively and absolutely but with reference to a Warrant of the Lords of the Council Now the Court is of opinion That this is a positive and absolute Return upon this reason That the Keeper of the Prison first returns that they are detained by the special command of the King And if they had ceased there it had been positive And for that which follows That it was signified to him by the Lords of the Council this is only to certifie the Court that he returned the Cause truly and not to shew us that he had no knowledge of the Cause but by the signification of the Lords of the Council There is not one word in the Writ that demands the cause why they were taken but why they are detained So that that point in the Writ is sufficiently answered which was only to certifie the cause of the detention And therefore we resolve That the form of this Return is good The next thing is the main point in Law Whether the substance or matter of the Return be good or no Where in the substance is this He doth certifie that they are detained in Prison by the special command of the King And whether this be good in Law or no is the Question Here the Lord Chief Justice did mention the several Presidents and Book-Cases cited by each side too long to be here related And concluded That that which is now to be judged by us is this Whether one that is committed by the Kings authority and no Cause shewn of his Commitment according as here it is upon this Return whether we ought to deliver him by Bail or to remand him back again Where by the way you must know that we can take notice only of this Return That when the Case appears to us no otherwise then by the Return we are not bound to examine the truth thereof but the sufficiencie of the Return We cannot judge upon rumors or reports but upon that which is before us on Record which is examinable by us whether it be sufficient or not Mr. Attorney hath told you That the King hath done it And we trust him in great matters And we make no doubt but the King if you seek to him knowing the cause why you
unuseful It is needful that you make a good and timely supply of Treasure without which all Councels will prove fruitless I might press many Reasons to this end but I will but name few First for his Majesties sake who requires it Great is the duty which we owe him by the Law of God great by the Law of Nature and our own Allegiance great for his own merit and the memory of his ever blessed Father I do but point at them But methinks our thoughts cannot but recoil on one Consideration touched by his Majesty which to me seems to sound like a Parliamentary Pact or Covenant A War was advised here Assistance professed yea and protested here I do but touch it I know you will deeply think on it and the more for the example the King hath set you His Lands his Plate his Jewels he hath not spared to supply the War What the People hath protested the King for his part hath willingly performed Secondly for the Cause sake It concerns us in Christian charity to tender the distresses of our Friends abroad It concerns us in Honor not to abandon them who have stood for us And if this come not close enough You shall find our Interest so woven and involved with theirs that the Cause is more ours then theirs If Religion be in peril we have the most flourishing and Orthodox Church If Honor be in question the Stories and Monuments in former Ages will shew that our Ancestors have left us as much as any Nation If Trade and Commerce be in danger we are Islanders it is our life All these at once lie at stake and so doth our safety and being Lastly in respect of the manner of his Majesties demand which is in Parliament the way that hath ever best pleased the Subjects of England And good cause for it For Aids granted in Parliament work good effects for the People they be commonly accompanied with wholsom Laws gracious Pardons and the like Besides just and good Kings finding the love of their People and the readiness of their Supplies may the better forbear the use of their Prerogatives and moderate the rigor of the Laws towards their Subjects This way as his Majesty hath told you he hath chosen not as the onely way but as the fittest Not as destitute of others but as most agreeable to the goodness of his own most gracious disposition and to the desire and weal of his people If this be deferred Necessity and the Sword of the Enemy make way to the others Remember his Majesties Admonition I say remember it Let me but add and observe Gods mercy towards this Land above all others The Torrent of War hath overwhelmed other Churches and Countries but God hath hitherto restrained it from us and still gives us warning of every approaching danger to save us from surprise And our gracious Soveraign in a true sense of it calls together his High Court of Parliament the lively Representation of the Wisdom Wealth and Power of the whole Kingdom to join together to repell those hostile Attempts which have distressed our Friends and Allies and threatned our selves And therefore it behoves all to apply their Thoughts unto Councel and Consultations worthy the greatness and wisdom of this Assembly To avoid discontents and divisions which may either distemper or delay And to attend that Unum Necessarium the Common Cause propounding for the scope and work of all the Debates the general good of the King and Kingdom whom God hath joined together with an indissoluble knot which none must attempt to cut or untie And let all by unity and good accord endeavour to pattern this Parliament by the best that have been that it may be a Pattern to future Parliaments and may infuse into Parliaments a kind of Multiplying power and faculty whereby they may be more frequent and the King our Soveraign may delight to sit on his Throne and from thence to distribute his graces and favors amongst his people His Majesty hath given you cause to be confident of this you have heard from his Royal mouth which nevertheless he hath given me express command to redouble If this Parliament by their dutiful and wise proceedings shall but give this occasion His Majesty will be ready not onely to manifest his gracious acceptation but to put out all memory of those distastes that have troubled former Parliaments I have but one thing more to adde and that is As your Consultations be serious so let them be speedy The Enemy is before-hand with us and â—lies on the wings of Success We may dally and play with the Hour-glass that is in our power but the Hour will not stay for us and an Opportunity once lost cannot be regained And therefore resolve of your Supplies that they may be timely and sufficient serving the Occasion Your Councel your Aid all is but lost if your Aid be either too little or too late And his Majesty is resolved that his Affairs cannot permit him to expect it over-long Sir Iohn Finch being chosen Speaker made this Address to his Majesty Wednesday the Nineteenth of March. Most Gracious Soveraign YOur obedient and loyal Subjects the Knights Citizens and Burgesses by your Royal Summons here assembled in obedience to your gracious direction according to their antient usage and priviledge have lately proceeded to the Choice of a Speaker And whether sequestring their better Judgments for your more weighty Affairs or to make it known that their Honor and Wisdom can take neither increase or diminution by the value or demerit of any one particular Member in what place soever serving them Omitting others of worth and ability they have fixed their eyes of favor and affection upon me Their long knowledge of my unfitness every way to undergo a charge of this important weight and consequence gave me some hope they would have admitted my just excuse Yet for their further and clearer satisfaction I drew the Curtains and let in what light I could upon my inmost thoughts truly and really discovering to them what my self best knew and what I most humbly beseech your Royal Majesty to take now into your consideration that of so many hundreds sitting amongst them they could have found few or none whose presentation to your Majesty would have been or less repute or advantage to them for et impeditioris linguae sum and the poor experience I have of that Royal Assembly is so ill ballanced with true Judgement that every gust and wave hath power on me whereby I shall not onely suffer in my own particular but which I apprehend with much more care and sorrow do prejudice to their common interest Wherefore dread and dear Soveraign as low as the lowest step of your Royal Throne I humbly bend appealing to your great and Soveraign Judgement for my discharge from this so unequal a burthen imposed on me most humbly and earnestly beseeching your most excellent Majesty for the Honor of that Great
Duke of Bucks made a Speech at the Councel Table and Mr. Secretary at that time acquainted the House therewith The Speech was this SIr me thinks I behold you a great King for love is greater then Majesty opinion that the people loved you not had almost lost you in the opinion of the world But this day makes you appear as you are a glorious King loved at home and now to be feared abroad this falling out so happily give me leave I beseech you to be an humble suitor to your Majesty 1. For my self That I who have had the honour to be your Favorite may now give up that title unto them they to be your Favorites and I to be your Servant My second suit is That they having done also well you will account of them as one a body of many members but of all one heart opinion might have made them differ but affection did move them all to joyn with like love in this great gift for proportion although it be less then your occasions may ask yet it is more then ever Subjects did give in so short a time nor am I perswaded it will rest there for this is but as an earnest of their affections to let you see and the world know what Subjects you have that when the honor and the good of the State is ingaged and Aid asked in the ordinary way of Parliament you cannot want This is not the gift of five Subsidies alone but the opening of a Mine of Subsidies that lieth in their hearts This good beginning hath wrought already these effects they have taken your heart drawn from you a Declaration that you will love Parliaments And again this will meet I make no question with such respect that their demands will be just dutiful and moderate for they that know thus to give know well what is fit to ask Then cannot your Majesty do less then out-go their demands or else you do less then your self or them for your Message begot trust their truth and your promises must then beget performances This being done then shall I with a glad heart behold this work as well ended as now begun and then shall I hope that Parliaments shall be made hereafter â—o frequent by the effects and good use of them as they shall have this further benefit to deter from approaching your ears those projecters and inducers of innovation as disturbers both of Church and Commonwealth Now Sir to open my heart and to ease my grief please you to pardon me a word more I must confess I have long lived in pain Sleep hath given me no rest Favors and Fortunes no content such have been my secret sorrows to be thought the man of separation and that divided the King from his People and them from him but I hope it shall appear they were some mistaken minds that would have made me the evil spirit that walketh between a good Master and loyal People by ill offices whereas by your Majesties favor I shall ever endeavour to approve my self a good spirit breathing nothing but the best of services to them all Therefore this day I account more blessed to me then my birth to see my self able to serve them to see you brought in love with Parliaments to see a Parliament express such love to you and God so love me and mine as I joy to see this day Mr. Secretary Cook also at this time repeated the substance of the Kings Answer to the Petition concerning Recusants And after he had done Sir Iohn Elliot expressed the great satisfaction which he apprehended the House in general and himself in special had received touching each particular of his Majesties gracious Answer but shewed his dislike that Mr. Secretary in the close of his Relation made mention of another in addition to his Majesty which formerly hath been a matter of complaint in the House the mixture with his Majesty not onely in the business but in his name Is it said he that any man conceives the mention of others of what quality soever can add incouragement or affection to us in our duties and loyalties towards his Majesty or give them greater latitude or extent then naturally they have or is it supposed that the power or interest of any man can add more readiness to his Majesty in his gracious inclination to us then his own goodness gives him I cannot believe it And as the sweetness and piety of his Majesty which we have in admiration makes me confident in this so the expressions of our duty so perspicuous and clear as already hath been given is my assurance for the other But Sir I am sorry there is this occasion that these things should be argued or this mixture which was formerly condemned should appear again I beseech you Sir let it not be hereafter let no man take this boldness within these Walls to introduce it though I confess for my particular I shall readily commend nay thank that man whose endeavors are applied in such Offices as may be advantageable for the publique Yet in this matter so contrary to the Customs of our Fathers and the honor of our Times I cannot without Scandal apprehend it nor without some Character or Exception pass it by that such interposition may fol the future be left Now let us proceed said he to those services that concern his Majesty and the Subject which I doubt not in the end will render us so real unto him that we shall not need more help to endear us to his favor The Commons having expressed their dutiful affections towards his Majesty in giving him so large a Gift as five Subsidies and having also shewed their care of the Subjects in the liberty of their Person and propriety in their Goods did now prepare to transmit their Resolves to the Lords for their concurrence and several Members were appointed to manage a Conference with the Lords concerning the same We shall briefly touch some Passages of that Conference as to the rational and historical Part thereof omitting to mention Precedents and Book-Cases lest they should prove tedious to the Reader SIr Dudly Diggs began with this Introduction I am commanded to shew unto your Lordships in general that the Laws of England are grounded on Reason more ancient then Books consisting much in unwritten Customs yet so full of Justice and true Equity that your most honorable Predecessors and Ancestors propugned them with a Nolumus mutari and so ancient that from the Saxon days notwithstanding the injuries and ruines of time they have continued in most part the same as may appear in old remaining Monuments of the Laws of Ethelbert the first Christian King of Kent Ina the King of the West Saxons Osfa of the Mercians and of Alfred the great Monarch who united the Saxon Heptarchie whose Laws are yet to be seen published as some think by Parliament as he says to that end ut qui sub uno rege sub una
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
well performed would require the time and industry of the ablest men both of Counsel and Action that your whole Kingdome will affoard especially in these times of common danger And our humble desire is further that your most excellent Majesty will be pleased to take into your Princely consideration whether in respect the said Duke hath so abused his power it be safe for your Majesty and your Kingdom to continue him either in his great Offices or in his place of nearness and Councel about your sacred Person And thus in all humility aiming at nothing but the honour of Almighty God and the maintenance of his true Religion the safety and happiness of your most excellent Majesty and the preservation and prosperity of this Church and Common-wealth We have endeavoured with faithfull hearts and intentions and in discharge of the duty we owe to your Majesty and our Countrey to give your Majesty a true Representation of our present danger and pressing calamities which we humbly beseech your Majesty graciously to accept and take the same to heart accounting the safety and prosperity of your people your greatest happiness and their love your Richest Treasure A rufull and lamentable spectacle we confess it must needs be to behold those Ruines in so fair an House So many diseases and almost every one of them deadly in so strong and well tempered a body as this kingdom lately was But yet we will not doubt but that God hath reserved this Honor for your Majesty to restore the safety and happiness thereof as a work worthy so excellent a Prince for whose long life and true felicity we daily pray and that your fame and never dying Glory may be continued to all succeeding Generations HEreupon a Message was sent to his Majesty desiring access to his Person with the Remonstrance and the Speaker was appointed to deliver it who much desired to be excused but the House would not give way thereunto The House also sent up the Bill of Subsidy unto the Lords Soon after the King sends a Message by Sir Humphrey May that he means to end this Session on the 26. of Iune whereupon the Commons fall upon the Bill of Tunnage and Poundage In the mean time this ensuing Order concerning the Duke was made in the Starchamber upon the signification of his Majesties pleasure In Interiori Camera Stellatâ 16. Junii Anno quarto Caroli Reg. FOrasmuch as his Majesty hath been graciously pleased to signifie unto his Highness Atturney General that his Royal pleasure is that the Bill or information Exhibited into this Court against the Right Honourable George Duke of Buck. for divers great offences and misdemeanours objected against him for that his Majesty is fully satisfied of the innocency of that Duke in all those things mentioned in the said information as well by his own certain knowledge as by the proofs in the Cause shall therefore together with the said Dukes Answer thereunto and all other proceedings thereupon be taken off the File that no memory thereof remain of Record against him which may tend to his disgrace It is therefore Ordered that the said Information or Bill the Answer thereunto and all other Proceedings thereupon be forthwith taken from the File by his Majesties said Atturney General according to his Majesties pleasure therein to him signified under his hand and now remaining in the custody of the Register of this Court Dated this present 16. day of Iune 4. Caroli Exam. per Jo. Arthur 16. Iunii 1628. ON this very day the Duke signified unto the House that he is informed that one Mr. Christopher Eukener of the House of Commons hath affirmed that his Grace did speak these words at his own Table Viz. Tush it makes no matter what the Commons or Parliament doth for without my leave and authority they shall not be able to touch the hair of a Dogg And his Grace desired leave of their Lordships that he might make his Protestation in the House of Commons concerning that Speech And to move them that he which spake it of him being a Member of that House might be commanded to justifie it and his Grace heard to clear himself Their Lordships considering thereof ordered that the Duke shall be left to himself to do herein what he thinks best in the House of Commons Whereupon the Duke gave their Lordships thanks and protested upon his Honour that he never had those words so much as in his thoughts Tho which Protestation the Lords Commanded to be entred that the Duke may make use thereof as need shall be The Duke also charged one Mr. Melvin for speaking words against him Viz. First That Melvin said That the Dukes plot was that the Parliament should be dissolved and that the Duke and the King with a great Army of Horse and Foot would war against the Commonalty and that Scotland should assist him so that when war was amongst our selves the Enemy should come in for this Kingdom is already sold to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Jesuites Scotishmen and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the Duke could alter it 4. That when the Ordnance were shipt at St. Martins the Duke caused the Souldiers to go on that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his blood and Marquess Hamiltons with others cries out for vengeance to heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poisoned by Sir Thomas Overbury and he himself served with the same sauce and that the Earl of Somerset and others could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence About the same time the Lord Keeper reported to the House of Lords what his Majesty said touching the Commission of Excise Viz. That their Lordships had reason to be satisfied with what was truly and rightly told them by the Lords of the Councel that this Commission was no more but a warrant of advice which his Majesty knew to be agreeable to the time and the manifold occasions then in hand but now having a supply from the loves of his people he esteems the Commission useless and therefore though he knows no cause why any jealousie should have risen thereby yet at their desires he is content it be cancelled and he hath commanded me to bring both the Commission and Warrant to him and it shall be cancelled in his own presence The day following the Lord Keeper reported that his Majesty had cancelled the Commission and the Warrant for putting the Seal thereunto and did there openly shew it and a Message was sent to the Commons to
agreed in one that he ought not by the Law to be tortured by the Rack for no such punishment is known or allowed by our Law And this in case of Treason was brought into this Kingdom in the time of Henry 6. note Fortescue for this Point in his Book de laudibus legum Angliae see the preamble of the Act 28. H. 8. for the Trial of Fellony where Treasons are done upon the Sea and Statute 14. Edw. 3. Ch. 9. of Jaylours or Keepers who by duresse make the prisoners to be approvers Since the last Session of Parliament certain Merchant who traded in Wines had been committed to the Fleet for the non-payment of an Imposition of 20. s. the Tun and were now at liberty upon their entring into bond for the payment of that Imposition Moreover the King in full Councel declared his absolute will and pleasure to have the entry of 2. s. 2. d. the hundred upon all Currens to be satisfied equally with that of 3. s. 4. d. before the landing of that Commodity it being a duty laid by Queen Elizabeth who first gave being to the Levant Company and which had been paid both in his Fathers time and his own and that their Majesties were equally possessed of the whole summe of 5. s. 6. d. the hundred by a solemn and Legal Judgement in the Exchequer and he straightly charged his Councel to examine the great abuse in this point and to make a full reparation to his Honour by inflicting punishment as well upon Officers as Merchants that for the future they may beware of committing such contempts And Divers Merchants of London having forcibly Landed and endeavoured to carry away their Goods and Merchandises from the Custom-house Key without payment of duties were summoned to the Councel-table And the Councel was informed against them that they had caused great and unlawful assemblies of people to be gathered together to the breach of the Kings Peace and Mr. Chambers was committed to prison by the Lords of the Councel for some words spoken at that time Michaelmas 4. Car. Richard Chambers being in Prison in the Marshalsie Del hostel de Roy desired an Habeas Corpus and had it which being returable upon the 16. day of October the Marshall returned that he was committed to prison the 28. day of Septemb. last by command of the Lords of the Councel The Warrant verbatim was That he was committed for insolent behaviour and words spoken at the Councel-Table which was subscribed by the Lord Keeper and twelve others of the Councel The words were as information was given though not expressed in the Return That such great Customes and Impositions were required from the Merchants in England as were in no other place and that they were more screwed up then under the Turk And because it was not mentioned what the words were so as the Court might adjudge of them the Return was held insufficient and the Warden of the Prison advised to amend his Return and he was by Rule of the Court appointed to bring his prisoner by such a day without a new Habeas Corpus and the Prisoner was advised by the Court That in the mean time he should submit to the Lords and Petition them for his enlargement The Warden of the Prison bringing the Prisoner in again in Court the 23. day of October Then Mr. Iermin for the Prisoner moved That forasmuch as it appeared by the Return that he was not committed for Treason or Felony nor doth it appear what the words were whereto he might give answer he therefore prayed he might be dismissed or bailed But the Kings Attourney moved That he might have day untill the 25. of October to consider of the Return and be enformed of the words and that in the interim the Prisoner might attend the Councel-Table and Petition But the Prisoner affirmed that he oftentimes had assayed by Petition and could not prevail although he had not done it since the beginning of October and he prayed the Justice of the Law and the inheritance of a Subject Whereupon at his importunity the Court commanded him to be bailed and he was bound in a Recognizance of four hundred pounds and four good Merchants his Sureties were bound in Recognizance of one hundred pound a piece that he should appear here in Crastino animarum and in the interim should be of the good behaviour And advertized him they might for contemptuous words cause an Indictment or Information in this Court to be drawn against him if they would The Lords of the Councel were much dissatisfied with the Bailing of Chambers Whereupon the Judges were â—ent for to the Lord Keeper at Durham House where were present besides the Lord-Keeper the Lord Treasurer Lord Privy Seal and the Chancellor of the Dutchy And the Lord Keeper then declared unto them that the said enlargement of Chambers was without due regard had to the Privy Councel in not first acquainting them therewith To this the Judges answered that to keep a fair correspondency with their Lordships they had by the Lord Chief-Justice acquainted the Lord Keeper in private therewith before they baild the party And that what they had done as to the bailing of the prisoner was according to Law and Justice and the conscience of the Judges To this it was replied that it was necessary for the preservation of the State that the power and dignity of the Councel Table should be preserved and that it could not be done without correspondency from the Courts of Justice so they parted in very fair tearms On Thursday the 27. of November Felton was removed from the Tower to the Gate-house in order to his tryal and was the same day brought by the Sheriffs of London to the Kings-bench Bar and the indictment being read he was demanded whether he were guilty of the murder therein mentioned he answered he was guilty in killing the Duke of Buc. and further said that he did deserve death for the same though he did not do it out of malice to him So the Court passed sentence of death upon him whereupon he offered that hand to be cut off that did the fact but the Court could not upon his own offer inflict that further punishment upon him neverthelesse the King sent to the Judges to intimate his desire that his hand might be cut off before execution but the Court answered that it could not be for in all murthers the Judgement was the same unlesse when the Statute of 25. E. 3. did alter the nature of the offence and upon a several indictment as it was in Queen Elizabeths time when a Felon at the Bar flung a stone at a Judge upon the Bench for which he was indicted and his sentence was to have his hand cut off which was accordingly done and they also proceeded against him upon the other indictment for Felony for which he was found guilty and afterwards hanged and Felton was afterwards hung up
commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up sedition against Us for which you are to detain him in your custody and to keep him close prisoner until Our pleasure be further known concerning his deliverance Given at Greenwich the 7 of May 1629. in the 5 yeer of Our Reign The direction being To the Marshal of Our Bench for the time being hae sunt causae captionis detentionis praedicti Gulielmi Stroud And upon another Habeas Corpus to the Marshal of the Houshold to have the Body of Walter Long Esq in Court it was returned according as the Return of Mr. Stroud was Mr. Ask of the Inner-Temple of Counsel for Mr. Stroud and Mr. Mason of Lincolns-Inn of Counsel for Mr. Long argued against the insufficiency of the Return which with the Arguments of the Kings Counsel we here forbear to mention lest it be too great a diversion to the Reader from the Historical part yet those and other Arguments we have nevertheless postponed at the end of this first Volume for the benefit of the Students of the Law which course as to Arguments in Law wherein the Prerogative of the one hand and Liberty and Propertie of the other hand are concerned we purpose to observe in our next and other Volumes as matter of that nature falls out in series of Time The seventh of May an Information was exâ—ibited in the Star-Chamber which because it is a remarkable Proceeding we give you here at large Iovis Septimo die Maii Anno Quinto Ca. R. To the Kings most excellent Majesty HUmbly sheweth and informeth unto Your most excellent Majesty Sir Robert Heath Knight Your Majesties Attorney General for and on Your Majesties behalf That whereas by the Ancient and Fundamental Laws of this Kingdom the high Court of Parliament consisteth of the Lords Spiritual and Temporal in the Lords House and of the Knights Citizens and Burgesses in the Commons House of Parliament and those two Houses thus composed do together make up that great and honourable Body whereof Your most excellent Majesty as the supreme Soveraign is the head and whereas the Power of summoning and assembling of Parliaments and of continuing proroguing adjourning and dissolving thereof within this Realm at Your good pleasure is the undoubted Right of your Majesty and the Liberty and Freedom of Speech which the Members of the said Houses of Parliament have according to the Priviledges of those several Houses to debate consult and determine of those things which are propounded amongst them is and ever hath been and ought to be limited and regulated within the bounds of Moderation and Modesty and of that Duty which Subjects owe to their Soveraign and whereas Your Majesty for many weighty Causes and for the general Good and Defence of the Church and State of this Your Kingdom lately summoned a Parliament to be holden at Your City of Westminster the seventeenth day of March in the third year of Your Majesties Reign which continued from thence by prorogation until the twentieth day of Ianuary last from which day until the twenty fifth day of February following the said Houses continued sitting And although the great part of the House of Commons being zealous of the Common Good did endeavour to have effected those good things for which they were called thither yet between the said twentieth day of Ianuary and the said twenty fifth day of February by the malevolent Disposition of some ill-affected Members of the said House sundry Diversions and Interruptions were there made and many Jealousies there unjustly raised and nourished to the disturbance of those orderly and Parliament proceedings which ought to have been in so grave a Council During which time of the said last meeting in Parliament as aforesaid so it is may it please your most excellent Majesty that Sir Iohn Elliot Knight then and all the time of the said Parliament being one of the Members of the said Commons House wickedly and malitiously intending under a feigned Colour and Pretence of debating the necessary Affairs of the present estate to lay a scandal and unjust Aspersion upon the right honorable the Lords and others of your Majesties most honourable Privy-Council and upon the reverend Judges and your Counsel learned and as much as in him lay to bring them into the hatred and ill opinion of the people after the said twentieth day of Ianuary and before the said twenty fifth day of February last did openly and publickly in the said House of Commons falsly and malitiously affirm That your Majesties Privy-Council all your Judges and your Counsel learned had conspired together to trample under their feet the Liberties of the said Subjects of this Realm and the priviledges of that House And further so it is may it please your most excellent Majesty that when your Majesty upon the twenty fifth day of February had by Sir Iohn Finch Knight then Speaker of the said house of Commons signified your Royal pleasure to the said house that the said house of Commons should be instantly adjourned until the second day of March then following he the said Sir Iohn Elliot and Denzil Holles Esquire Benjamin Valantine Gent. Walter Longe Esquire William Corriton Esquire William Strode Esquire Iohn Selden Esquire Sir Miles Hobert and Sir Peter Hayman Knights all Members at that time of the said Commons house conceiving with themselves that your Majesty being justly provoked thereto would speedily dissolve that Parliament They the said Sir Iohn Elliot Denzil Holles Benjamin Valentine Walter Longe William Corriton William Strode Iohn Selden Sir Miles Hobert and Sir Peter Hayman and every of them by unlawful Confederacie and Combination between them in that behalf before had did malitiously resolve agree and conspire how and by what means before that Parliament should be dissolved they might raise such false and scandalous rumours against your Majesties Government and your Counsellours of Estate attending your person that thereby as much as in them lyeth they might disturb the happy Government of this Kingdom by and under your Majesty interrupt the course of traffique and trade discourage your Merchants and raise Jealousies and Suspitions in the hearts of your people that the Sincerity of the true Religion professed and established in this Kingdom was neglected and in pursuance of this their Resolution and Confidence aforesaid the said Sir Iohn Elliot with the privitie and consent of the said Denzil Holles and all other the said confederates did prepare a paper or writing wherein he had written or caused to be written divers false and scandalous Assertions touching your Majesties Government and touching the persons of divers of your Privy-Council which he and they resolved and conspired and agreed should be delivered into the said house of Commons and there publickly read to the wicked and seditious intents and purposes aforesaid and not with any purpose or opinion that those things that were therein contained if
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
London SHEWING THat in the Parliament held in the years 1627 and 1628 it was voted and declared by the honourable house of Commons That whosoever shall counsel or advise the taking or levying of the Subsidie of Tonnage and Poundage not granted by Parliament or shall be any Actor or Instrument therein shall be reputed an Innovator in the Government and a capital Enemy to the Kingdom and Commonwealth and if any Merchant or person whatsoever shall voluntarily yeild or pay the said Subsidie of Tonnage and Poundage not being granted by Parliament they shall likewise be reputed Betrayers of the Liberties of England and Enemies to the same as may appear by the said Order upon Record In submission and obedience whereunto the Petitioner first opposed and withstood the payment of Tonnage and Poundage until they were setled by Parliament and all other illegal Taxes for which submission and obedience in the years 1628 and 1629 the Petitioner had 7060 pounds of his Goods wrongfully taken and detained from him by the late Kings Officers and Farmers of the Custome-house of London for pretended duties and a heavy Sentence and Fine in the Star-Chamber which was imposed upon him in the year 1629. besides which losses the Petitioner further suffered in his person by six whole years imprisonment in the Fleet for not submitting to that Sentence and Fine and in the year 1637 nine moneths imprisonment in Newgate for withstanding ship-money by which losses and imprisonments the Petitioner was put by the exercise of his calling and was wounded in his credit and reputation Which sufferings the honourable house of Commons upon the Petioners complaint in the year 1640 taking into their grave considerations were pleased to refer the examination thereof to a Committee of 50 Members wherein were included the Committee for the Navy and Customs who being well satisfied of the truth thereof by oath and other good sufficient proofs upon Record drew up their Report That the Petitioner ought then to have 13680 pounds in part of Reparation leaving the rest of those Reparations to the further judgement of the honourable House as by the annexed Copy of that report may further appear In pursuit of which report the Parliament then levied and received from the old Farmers and Officers of the Customs 50 thousand pounds for wrongs and abuses done to the Petitioner chiefly and other Merchants intending first to give to the Petitioner satisfaction out of the same because he was the first man that opposed the pretended duties and the greatest sufferer Whereupon in the year 1642. the Petitioner was chosen Alderman and in the year 1644. Sheriff of the City of London which places the Petitioner earnestly endeavoured to shun but such were the earnest importunities and perswasive encouragements of divers Members of the honourable House who then desired to have the Petitioner in place of trust for his former service to the Commonwealth that the Petitioner was constrained to accept not onely of the place of Alderman but further underwent the office and charge of Sheriff of London which stood the Petitioner in 4000 pounds that year But notwithstanding the aforesaid promises and intents of the Parliament to give the Petitioner satisfaction such were the great compulsive exigents and urgent necessities of those times caused by the publick distractions that the said monies were converted to the publick use therefore the Parliament desired the Petitioner to have a little patience promising him speedy satisfaction as well for the forbearance as for the principal debt but the distractions continuing and the Petitioner had neither interest nor any part of his principal the Parliament in the year 1648 in part of satisfaction setled the Petitioner in the office of Surveyor and Check in the Custom-house of London then worth at least 600 pounds per annum but the Petitioner having enjoyed that place onely eight months was causlesly outed by sinister information of intruders who have enjoyed that office and divided the profit thereof between them ever since that intrusion Moreover the late King by Privy Seal owes to the Petitioners wife who is the Relict of Mr. Thomas Ferrer for Linen Cloth 5000 pounds and for money lent 1200 pounds for which she was assigned satisfaction out of the Customs of Tobacco besides she was further assigned out of Sir Thomas Dawes Office 100 marks per annum all which debts likewise lie wholly unsatisfied to the Petitioners great prejudice Besides the aforesaid losses hinderances expences sufferings and forbearances of the profit of the said Office the Petitioner from time to time hath laid out himself for the common good in acting lending spending and serving when others refused exposed himself to that eminent danger at Branford by leading out a Troop of Horse for the Priviledges Liberties and Rights of the City of London and Commonwealth insomuch that thereby and for want of his satisfaction aforesaid the Petitioner having consumed his Estate hath been constrained to sell and morgage some part of his Lands to pay Creditors and to maintain his Family having a Wife and nine Children and is likely to be undone for obeying the Parliaments Commands unless by the justice and commiseration of this honourable Assembly he be speedily relieved and righted for that ever since the said reported sum the Petitioner from time to time hath made his humble addresses to the supreme powers for the time being for satisfaction thereof and to be restored to the said Office but could not prevaile The Petitioner therefore humbly prays That he may not perish for acting for the publick good according to the Declaration of Parliament but that now after 26 years suffering whereof twelve years in fruitless and wearisome waitings this honourable Assembly would now be pleased to take the unparallel'd sufferings of the Petitioner into their grave considerations for some speedy course for the Petitioners satisfaction to pay his Debts and redeem his Lands by ordering him the one moyety of his Debt in ready money out of the dayly customs of London from whence his first losses and sufferings sprang and the other moâ—ty to be discompted upon such Goods as the Petitioner shall make entries of by Exportation or importation in the Custome-house London until his debt with the interest be fully satisfied and paid or any other speedy way as in your grave wisdoms shall seem meet and in like manner for his wives Debt which is to pay Debts and Legacies and that the Petitioner may forthwith be restored to and setled in the said Office and have Reparations from the Intruders And the Petitioner with his shall as in all duty ever pray c. Richard Chambers Sept. 6. 1654. The Petitioner being wearied out with twelve yeers attendance upon one Parliament in hopes of reparation for his imprisonment troubles and losses during the eleven years former interval of Parliament in standing for the Liberty of the Subject grew infirm and being not relieved was reduced to a low estate
unto the said Information the benefit whereof was by order of the Court reserved unto the Defendant to be debated and considered of at the hearing of this cause and of divers other matters now urged for the Defendant both to have justified his the said Defendants attendance in Parliament and his not residence in person in the County whereof he was then Sheriff and amongst other things that it properly belonged to the house of Parliament to judge of the justness or unjustness of the said Election and upon grave and mature consideration thereof had and taken by the Court their Lordships did not onely conceive the said Demurrer and Plea and other the Arguments and Reasons used by the Defendant and his Council to be of no weight or strength but also to be in opposition and derogation of the Jurisdiction of the Court the reasons moved and urged for the Defendants excuse or justification being clearly answered and the charges of the Information made good by Mr. Atturney General and others of his Majesties Counsel learned And therefore the whole Court were clear of opinion and did so declare That the said Defendant who at that time as high Sheriff had the custody and charge of the County of Wilts committed unto him by his Majesty and had taken his Oath according to the Law to abide in his proper person within his Bayliffwick during all the time of his Sheriffwick as aforesaid and whose trust and imployment did require his personal attendance in the said Countie had not onely committed a great offence in violating the said Oath so by him taken but also a great misdemeanor in breach of the trust committed unto him by his Majesty and in contempt of his Majesties pleasure signified unto him by and under his Highness great Seal when he granted unto him the said Office of Sheriffwick aforesaid For which said several great Offences in breach of his said Oath neglect of the trust and duty of his Office and the great and high contempt of his Majesty their Lordships did hold the said Defendant worthy the sentence of the Court the rather to the end that by this example the Sheriffs of all other Counties may be deterred from committing the like offences hereafter and may take notice that their personal residence and attendance is required within their Bayliffwicks during the time of their Sheriffwick The Court therefore thought fit ordered adjudged and decreed That the said Defendant should stand and be committed to the prison of the Tower there to remain during his Majesties pleasure and also pay a Fine of two thousand Marks to his Majesties use and further make his humble submission and acknowledgement of his offence both in the Court of Star-Chamber and to his Majesty before his thence enlargment The same Term Mr. Mason argued in the kings Bench for Sir Iohn Elliot against the Information preferred against him amongst others by Sir Robert Heath the kings Atturney General and the same day the Atturney General argued in maintenance of the said Information the Judges also the same day spake briefly to the Case and agreed with one Voyce That the Court as this Case is shall have Jurisdiction although that these offences were committed in Parliament and that the imprisoned Members ought to answer Iones began and said That though this Question be now newly moved yet it is an ancient Question with him for it had been in his thoughts these eighteen yeers For this Information there are three Questions in it 1. Whether the matters informed be true or false and this ought to be determined by Iury or Demurrer 2. When the matters of the Information are found or confessed to be true if the Information be good in substance 3. Admit that the offences are truly charged if this Court hath power to punish them and that is the sole Question of this day And it seems to me that of these offences although committed in Parliament this Court shall have jurisdiction to punish them The Plea of the Defendents here to the jurisdiction being concluded with a Demurrer is not peremptory unto them although it be adjudged against them but if the Plea be pleaded to the jurisdiction which is found against the Defendant by verdict this is peremptory In the discussion of this point I decline these Questions 1. If the matter be voted in Parliament when it is finished it can be punished and examined in another Court 2. If the matter be commenced in Parliament and that ended if afterward it may be Questioned in another Court I question not these Matters but I hold That an Offence committed criminally in Parliament may be questioned elsewhere as in this Court and that for these Reasons First Quia interest Reipublicae ut malesicia non maneant impunita and there ought to be a fresh punishment of them Parliaments are called at the Kings pleasure and the King is not compellible to call his Parliament and if before the next Parliament the party offending or the witnesses die then there will be a â—ayler of Justice Secondly The Parliament is no constant Court every Parliament mostly consists of several men and by consequence they cannot take notice of matters done in the foregoing Parliament and there they do not examine by oath unless it be in Chancery as it is used of late time Thirdly The Parliament cannot send Process to make the offenders to appear at the next Parliament and being at large if they hear a noise of a Parliament they will fugam facere and so prevent their punishment Fourthly Put the case that one of the Defendants be made a Baron of Parliament now he cannot be punished in the House of Commons and so he shall be unpunished It hath been objected That the Parliament is the Superior Court to this therefore this Court cannot examine their proceedings To this I say That this Court of the Kings Bench is a higher Court then the Justices of Oyer and Terminer or the Justices of Assize But if an offence be done where the Kings Bench is after it is removed this offence may be examined by the Justices of Oyer and Terminer or by the Justices of Assize We cannot Question the Judgments of Parliaments but their particular offences 2. Obj. It is a Priviledge of Parliament whereof we are not competent Iudges To this I say That Privilegium est privata lex privat legem And this ought to be by grant prescription in Parliament and then it ought to be pleaded for the manner as is 33 Hen. 8 Dy. as it is not here pleaded Also we are Judges of all Acts of Parliament as 4 Hen. 7. Ordinance made by the King and Commons is not good and we are Judges what shall be said a Session of Parliament as it is in Plowden in Patridges Case We are Judges of their lives and lands therefore of their Liberties And 8 Eliz. which was cited by Mr. Atturney it was the opinion of Dyer Oatlyn Welsh Brown
sufficient to raise a jealousie against our proceedings in such as were not well acquainted with the sincerity and clearnesse of them There followed another of no lesse skill for although Our proceeding before the Parliament about matters of Religion might have satisfied any moderate men of Our zealous care thereof as we are sure it did the most yet as bad stomachs turn the best things into their own nature for want of good digestion so those distempered persons have done the like of Our good intents by a bad and sinister interpretation For when they did observe that many honest and religious minds in that House did complain of those dangers that did threaten the Church they likewise took the same word in their mouth and their cry likewise was Templum Domini Templum Domini when the true care of the Church never came into their hearts and what the one did out of zeal unto Religion the other took up as a plausible Theam to deprave Our Government as if We Our Clergy and Councill were either senslesse or carelesse of Religion And this wicked practise hath been to make Us seem to walk before Our people as if We halted before God Having by these artifices made a jealous impression in the hearts of many and a day being appointed to treat of the Grant of Tunnage and Poundage at the time prefixed all expresse great willingnesse to grant it But a new strain is found out that it could not be done without great perill to the right of the Subject unlesse We should disclaim any right therein but by grant in Parliament and should cause all those Goods to be restored which upon commandment from Us or Our Councill were stayed by our Officers untill those Duties were paid and consequently should put Our Selves out of the possession of the Tunnage and Poundage before they were granted for else it was pretended the Subject stood not in fit case to grant it A fancy and cavill raised of purpose to trouble the businesse it being evident that all the Kings before named did receive that Duty and were in actuall possession of it before and at the very time when it was granted to them by Parliament And although We to remove all difficulties did from Our Own Mouth in those clear and open tearms that might have satisfied any moderate and well-disposed minds declare That it was Our meaning by the gift of Our people to enjoy it and that we did not challenge it of right but took it de bene esse shewing thereby not the right but the necessity by which We were to take it wherein We descended for their satisfaction so far beneath Our self as We are confident never any of Our Predecessors did the like nor was the like ever required or expected from Them Yet for all this the Bill of Tunnage and Poundage was laid aside upon pretence they must first clear the right of the Subject therein under colour whereof they entertain the complaints not onely of Iohn Rolles a Member of their House but also of Richard Chambers John Fowkes and Bartholomew Gilman against the Officers of Our Customs for detaining their goods upon refusall to pay the ordinary Duty accustomed to be paid for the same And upon these complaints they send for the Officers of the Customes enforcing them to attend day after day by the space of a month together they cause them to produce their Letters Patents under Our Great Seal and the Warrants made by Our Privy Councill for levying of those Duties They examine the Officers upon what questions they please thereby to entrap them for doing Our service and commandment In these and other their proceedings because We would not give the least shew of interruption We endured long with much patience both these and sundry other strange and exorbitant incroachments and usurpations such as were never before attempted in that House We are not ignorant how much that House hath of late years endeavoured to extend their priviledges by setting up generall Committees for Religion for Courts of Justice for Trade and the like a course never heard of untill of late So as where in former timos the Knights and Burgesses were wont to communicate to the House such businesse as they brought from their Countries now there are so many Chairs erected to make enquirie upon all sorts of men where complaints of all sorts are entertained to the unsufferable disturbance and scandall of Justice and Government which having been tolerated a while by Our Father and Our Self hath daily grown to more and more height insomuch that young Lawyers sitting there take upon them to decry the opinions of the Judges and some have not doubted to maintain That the Resolutions of that House must bind the Judges a thing never heard of in Ages past But in this last assembly of Parliament they have taken on them much more then ever before They sent messengers to examine Our Atturney Generall who is an Officer of trust and secrecy touching the execution of some commandements of Ours of which without Our leave first obtained he was not to give account to any but Our Self They sent a captious and directory message to the Lord Treasurer Chancellor and Barrons of the Exchequer touching some judiciall proceedings of theirs in Our Court of Exchequer They sent messengers to examine upon sundry questions Our two Chief Justices and three other of Our Judges touching their judiciall proceedings at the Gaol-Delivery at Newgate of which they are not accountable to the House of Commons And whereas Suits were commenced in Our Court of Star-Chamber against Richard Chambers John Fowks Bartholomew Gilman and Richard Phillips by Our Atturney Generall for great misdemeanours they resolved that they were to have priviledge of Parliament against us for their persons for no other cause but because they had Petitions depending in that House and which is more strange they resolved that a Signification should be made from that House by a Letter to issue under the hand of their Speaker unto the Lord Keeper of Our Great Seal that no attachments should be granted out against the said Chambers Fowks Gilman or Phillips during their said priviledge of Parliament Whereas it is far above the power of that House to give direction to any of Our Courts at Westminster to stop Attatchments against any man though never so strongly priviledged the breach of Priviledge being not in the Court that grants but in the Party or Minister that puts in execution such Attachments And therefore if any such Letter had come to the Lord Keeper as it did not he should have highly offended Us if he had obeyed it Nay they went so far as they spared not the honour of Our Councill-board but examined their proceedings in the case of Our Customers interrogating what this or that man of Our Councill said in direction of them in the businesse committed to their charge And when one of the Members of that House speaking of our
Counsellors said We had wicked Counsell and another said that the Councill and Judges sought to trample under feet the liberty of the Subject and a third traduced Our Court of Star-Chamber for the Sentence given against Savage they passed without check or censure by the House By which may appear how far the Members of that House have of late swollen beyond the rules of moderation and the modesty of former times and this under pretence of priviledge and freedom of speech whereby they take liberty to declare against all authority of Councill and Courts at their pleasure They sent for Our Sheriff of London to examine him in a cause whereof they had no jurisdiction their true and antient jurisdiction extending onely to their own Members and to the conservation of their priviledges and not to the censure of forrain persons and causes which have no relation to their priviledges the same being but a late innovation And yet upon an enforced strain of a Contempt for not answering to their satisfaction they commit him to the Tower of London using that outward pretext for a cause of committing him the true and inward cause being for that he had shewed himself dutifull to Us and Our commandements in the matter concerning Our Customs In these innovations which We will never permit again they pretended indeed Our service but their drift was to break by this means through all respects and ligaments of Government and to erect an universall over-swaying power to themselves which belongs onely to Us and not to them Lastly in their proceedings against Our Customers they went about to censure them as Delinquents and to punish them for staying some goods of some factious Merchants in Our Store-house for not paying those Duties which themselves had forâ—erly paid and which the Customers without interruption had received of all other Merchants many years before and to which they were authorised both by Our great Seal and by severall directions and commandements from Us and Our Privy Councill To give some colour to their proceedings herein they went about to create a new priviledge which We will never admit That a Parliament-man hath priviledge for his goods against the King the consequence whereof would be That he may not be constrained to pay any Duties to the King during the time of priviledge of Parliament It is true they would have this case to have been between the Merchants and Our Farmers of Our Customs and have severed them from Our interest and commandment thereby the rather to make them lyable to the censure and punishment of that House But on the other side We holding it both unjust and dishonorable to with-draw Our self from Our Officers in any thing they did by Our commandement or to disavow any thing that we had enjoyned to be done upon Munday the 23d of February sent a message unto them by Secretary Cook thanking them for the respect they had shewed in severing the interest of Our Farmers from Our Own interest and commandment Neverthelesse We were bound in honour to acknowledge a truth that what was done by them was done by our expresse commandement and direction and if for doing thereof Our Farmers should suffer it would highly concern Us in honour Which message was no sooner delivered unto them but in a tumultuous and discontented manner they called Adjourn Adjourn and thereupon without any cause given on Our part in a very unusuall manner adjourned untill the Wednesday following On which day by the uniform wisdom of Our Privy Council We caused both Houses to be adjourned until the second day of March hoping that in the mean time a better and more right understanding might bee begotten between Us and the Members of that House whereby the Parliament might come to a happy Issue But understanding by good advertisment that their discontent did not in that time digest and passe away We resolved to make a second adjournment untill the tenth of March which was done as well to take time to Our Self to think of some means to accommodate those difficulties as to give them time to advise better and accordingly We gave commandment for a second adjournment in both Houses and for cessation of all businesse till the day appointed which was very dutifully obeyed in the Higher House no man contradicting or questioning it But when the same commandment was delivered in the House of Commons by their Speaker it was streight-waies contradicted and although the Speaker declared unto them it was an absolute right and power in Us to adjourn as well as to prorogue or dissolve and declared and readd unto them divers presidents of that House to warrant the same yet Our commandment was most contemptuously disobeyed and some rising up to speak said They had businesse to do before the House should be adjourned Whilst the Duke of Buckingham lived he was intituled to all the distempers and ill events of former Parliaments and therefore much endeavour was used to demolish him as the onely wall of separation between Us and Our people But now he is dead no alteration was found amongst those envenomed spirits which troubled then the blessed harmony between Us and Our Subjects and continue still to trouble it For now under the pretence of publick care of the Common-wealth they suggest new and causlesse fears which in their own hearts they know to be false and devise new Engines of mischief so to cast a blindnesse upon the good affections of Our people that they may not see the truth and largenesse of Our heart towards them So that now it is manifest the Duke was not alone the mark these men shot at but was onely as a near minister of Ours taken up on the By and in their passage to their more secret designes which were onely to cast Our Affairs into a desperate condition to abate the powers of Our Crown and to bring Our Government into obloquy that in the end all things may be over-whelmed with Anarchy and Confusion We do not impute these dysasters to the whole House of Commons knowing that there were amongst them many religious grave and well-minded men but the sincerer and better part of the House was over-born by the practises and clamours of the other who carelesse of their duties and taking advantage of the times and Our necessities have enforced Us to break off this Meeting which had it been answered with like duty on their parts as it was invited and begun with love on Ours might have proved happy and glorious both to Us and this whole Nation We have thus declared the manifold causes We had to dissolve this Parliament whereby all the world may see how much they have forgotten their former engagements at the entry into the War themselves being perswaders to it promising to make Us feared by Our enemies and esteemed by Our friends And how they turned the Necessities grown by that War to enforce us to yield to Conditions incompatible with Monarchy And now that
Our People may discern that these provocations of evill men whose punishments we reserve to a due time have not changed Our good intentions to Our Subjects We do here professe to maintain the true Religion and Doctrine established in the Church of England without admitting or conniving at any back-sliding either to Popery or Schism We do also declare That vve will maintain the antient and just rights and liberties of Our Subjects with so much constancy and justice that they shall have cause to acknowledge That under Our government and gratious protection they live in a more happy and free estate then any subjects in the Christian world Yet let no man hereby take the boldnesse to abuse that liberty turning it to licentiousnesse nor misinterprett the Petition by perverting it to a lawlesse liberty wantonly or frowardly under that or any other colour to resist lawfull and necessary authority For as We will maintain Our Subjects in their just liberties so We do and will expect that they yield as much submission and duty to Our Royal prerogatives and as ready obedience to Our authority and commandments as hath been performed to the greatest of Our Predecessors And for Our Ministers We vvill not that they be terrified by those harsh proceedings that have been strained against some of them For as we will not command any thing unjust or dishonourable but shall use Our authority and prerogatives for the good of Our People so we will expect that Our Ministers obey Us and they shall assure themselves We will protect them As for Our Merchants We let them know We shall alwaies endeavour to cherish and enlarge the Trade of such as be dutifull without burthening them beyond what is fitting but the Duty of Five in the Hundred for guarding of the Seas and defence of the Realm to which we hold Our selves still obliged and which Duty hath continued without interruption so many succession of Ages We hold no good or dutifull Subject will deny it being so necessary for the good of the whole Kingdom And if any factious Merchant vvill affront Us in a thing so reasonable and vvherein we require no more nor in no other manner than so many of Our Predecessors have done and have been dutifully obeyed Let them not deceive themselves but be assured that We shall find honourable and just means to support Our Estate vindicate Our Soveraignty and preserve the Authority vvhich God hath put into Our Hands And now having laid down the truth and clearnesse of Our proceedings all wise and discreet men may easily judge of those rumours and jealous fears that are malitiously and vvickedly bruited abroad and may discern by examination of their own hearts whether in respect of the free passage of the Gospel indifferent and equall administration of Justice freedom from oppression and the great peace and quietnesse which every man enjoyeth under his own Vine and Fig-tree the happinesse of this Nation can be parallel'd by any of Our neighbour-Countries and if not then to acknowledge their own blessednesse and for the same be thankfull to God the Author of all goodnesse A Proposition for His Majestie 's Service to bridle the Impertinency of Parliaments Afterwards questioned in the Star-Chamber THe Proposition for your Majestie 's service containeth two parts the one to secure your State and to bridle the impertinency of Parliaments the other to increase your Majestie 's Revenue much more then it is Touching the first having considered divers means I find none so important to strengthen your Majesties Regall authority against all oppositions and practises of troublesome spirits and to bridle them than to fortifie your Kingdome by having a Fortresse in every chief Town and important place thereof furnished with Ordnance Munition and faithfull Men as they ought to be with all other circumstances fit for to be digested in a businesse of this nature ordering withall the trained Souldiers of the County to be united in one dependency with the said Fort as well to secure their beginning as to succour them in any occasion of suspect and also to retain and keep their Armes for more security whereby the Countries are no lesse to be brought in subjection than the Cities themselves and consequently the whole Kingdom your Majesty having by this course the power thereof in your own hands The reasons of the suggests are these 1. That in Policy it is a greater tye of the People by force and necessity then meerly by love and affection for by the one the Government resteth alwaies secure but by the other no longer then the people are contented 2. It forceth obstinate subjects to be no more presumptuous than it pleaseth your Majesty to permit them 3. That to leave a State unfurnished is to give the Bridle thereof to the Subject when by the contrary it resteth onely in the Prince's hands 4. That modern Fortresses take long time in winning with such charge and difficulty as no Subjects in these times have means probable to attempt them 5. That it is a sure remedy against Rebellions and popular Mutinies or against forraigne powers because they cannot well succeed when by this course the apparent means is taken away to force the King and Subject upon a doubtfull fortune of a set Battle as was the cause that moved the pretended invasion against the land attempted by the King of Spain in the year 1588. 6. That your Majestie 's government is the more secure by the people's more subjection and by their subjection your Parliament must be forced consequently to alter their style and to be conformable to your will and pleasure for their words and opposition import nothing where the power is in your Majesties own hands to do with them what you please being indeed the chief purpose of this discourse and the secret intent thereof fit to be concealed from any English at all either Counsellors of State or other For these and divers other weighty reasons It may be considered in this place to make your Majesty more powerfull and strong some orders be observed that are used in fortified Countries the government whereof imports as much as the States themselves I mean in times of doubt or suspect which are these Imprimis That none wear Arms or Weapons at all either in City or Country but such as your Majesty may think fit to priviledge and they to be inrolled 2. That as many high-waies as conveniently may be done be made passable through those Cities and Townes fortified to constrain the passengers to travell through them 3. That the souldiers of Fortresses be sometimes chosen of another Nation if subject to the same Prince but howsoever not to be born in the same Province or within forty or fifty miles of the Fortresse and not to have friends or correspondency near it 4. That at all the Gates of each walled Town be appointed Officers not to suffer any unknown passengers to passe without a Ticket shewing from
People to pray for him hoping that God would enable him by some satisfactory benefit to make amends and comfort his Subjects for those pressures To these temporal Precedents of antient times which were alledged he added an Ecclesiastical Precedent out of a book called Pupilla Oculi being published for the instruction of Confessors in the Title De participantibus cum excommunicatis fol. 59. All the Articles of Magna Charta are inserted with this direction Hos articulos ignorare non debent quibus incumbit confessiones audire infra provinciam Cantuariensem He likewise remembred the Proclamation 8. Iac. for the calling in and burning of Doctor Cowel's book for which these reasons are given For mistaking the true state of the Parliament of the Kingdom and fundamental constitution and priviledges thereof For speaking irreverently of the Common Law it being a thing utterly unlawful for any Subject to speak or write against that Law under which he liveth and which we are sworn and resolve to maintain From these Precedents he collected that if former Parliaments were so careful of false rumors and news they would have been much more tender of such doctrines as these which might produce true occasions of discord betwixt the King and his People If those who reported the King would lay Impositions and break his Laws were thought such hainous offenders how much more should this man be condemned who perswaded the King he is not bound to keep those Laws If that great King was so far from challenging any right in this kinde that he professed his own sorrow and repentance for grieving his Subjects with unlawful charges If Confessors were enjoyned to frame the Consciences of the People to the observance of these Laws certainly such Doctrine and such a Preacher as this would have been held most strange and abominable in all these times The third general part was the conclusion or prayer of the Commons which consisted of three Clauses First they reserved to themselves liberty of any other accusation and for this he said there was great reason that as the Doctor multiplied his offences so they may renew their accusations Secondly they saved to themselves liberty of replying to his Answer for they had great cause to think that he who shifted so much in offending would shift much more in answering Thirdly they desire he might be brought to examination and judgement this they thought would be very important for the comfort of the present age for security of the future against such wicked and malitious practises And so he concluded that seeing the cause had strength enough to maintain it self his humble suit to their Lordships was That they would not observe his infirmities and defects to the diminution or prejudice of that strength NOt long after the Commons by their Speaker demanded Judgement of the Lords against the Doctor who not accounting his submission with tears and grief a satisfaction for the great offence wherewith he stood charged gave this Sentence 1. That Dr. Manwaring Doctor in Divinity shall be imprisoned during the pleasure of the House 2. That he be fined one thousand pounds to the King 3. That he shall make such submission and acknowledgement of his offences as shall be set down by a Committee in writing both at the Bar and in the House of Commons 4. That he shall be suspended for the time of three years from the exercise of the Ministery and in the mean time a sufficient preaching Minister shall be provided out of his livings to serve the Cure This suspension and provision to be done by the Ecclesiastical jurisdiction 5. That he shall be hereafter disabled to have any Ecclesiastical Dignity or secular Office 6. That he shall be for ever disabled to preach at the Court hereafter 7. That his said Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be all burnt accordingly in London and both the Universities and for the Inhibiting the printing thereof upon a great penalty Doctor Manwarings submission was in these words MAy it please this Honorable House I do here in all sorrow of Heart and true Repentance acknowledge the many Errors and Indiscretions which I have committed in preaching and publishing those two Sermons of mine which I called Religion and Allegiance and my great fault in falling upon this Theame again and handling the same rashly and unadvisedly in my own Parish Church of St. Giles in the Fields the fourth of May last past I do humbly acknowledge those three Sermons to have been full of many dangerous Passages Inferences and scandalous Aspersions in most part of the same And I do humbly acknowledge the Justice of this Honorable House in that Judgement and Sentence passed upon me for my great offence And I do from the bottom of my Heart crave pardon of God the King and this Honorable House and the Church and this Common-wealth in general and those worthy Persons adjudged to be reflected upon by me in particular for these great Errors and Offences Roger Manwaring Another Message was brought from his Majesty by the Speaker Tuesday 5 of June HIs Majesty wished them to remember the Message he last sent them by which he set a day for the end of this Session and he commanded the Speaker to let them know that he will certainly hold that day prefixed without alteration and because that cannot be if the House entertain more business of length he requires them that they enter not into or proceed with any new business which may spend greater time or which may lay any Scandal or Aspersion upon the State-government or Ministers thereof SIr Robert Phillips upon this occasion expressed himself thus I perceive that towards God and towards man there is little hope after our humble and careful endeavors seeing our Sins are many and so great I consider my own infirmities and if ever my Passions were wrought upon then now this Message stirs me up especially when I remember with what moderation we have proceeded I cannot but wonder to see the miserable straight we are now in What have we not done to have merited Former times have given wounds enough to the peoples Liberty we came hither full of wounds and we have cured what we could and what is the return of all but misery and desolation What did we aim at but to have served his Majesty and to have done that that would have made him Great and Glorious if this be a fault then we are all Criminous What shall we do since our humble purposes are thus prevented which were not to have laid any aspersion on the Government since it tended to no other end but to give his Majesty true information of his and our danger And to this we are enforced out of a necessity of duty to the King our Countrey and to Posterity but we
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