hither that by a timely provision against those great imminent dangers our selves may be strengthened at home our Friends and Allies incouraged abroad and those great causes of feare scattered and dispelled And because in all warlike preparations Treasure bears the name and holds the semblance of the nerves and finewes and if a finew be too short or too weak if it be either shrunk or strained the part becomes unusefull it is needfull that you make a good and timely supply of treasure without which all counsells will prove fruitlesse I might presse many reasons to this end 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 Allegeance great for his own merit and the memory of his ever blessed Father I do but point at them but me thinks our thoughts cannot but recoyle on our consideration touched by his Majestie which to me seemes to sound like a Parliamentarie part or Covenant A Warre 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 Jewells 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 concernes us in Christian Charity to tender the distresses of our Friends abroad it concernes us in honour not to abandon them that have stood for us and if this come not close enough you shall finde our Interest so woven and involved with theirs that the Cause is more ours then theirs If Religion be in perill wee have the most flourishing and orthodoxe Church if Honour be in question the steps and monuments in former ages will shew that our Ancestours have left us as much as any Nation if Trade Commerce be in danger we are Islanders it is our life all these at once lye 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 Aides granted in Parliament work good effects for the People they be commonly accompanied with wholesome Lawes gracious Pardons and the like Besides just and good Kings finding the love of their people and the readinesse of their supplies may the better forbear the use of their Prerogatives and moderate the rigour of the Lawes towards their Subjects This way as his Majestie 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 goodnesse of his own most gracious disposition and to the desire and weale 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 adde and observe Gods mercy towards this land above all others the torrent of Warre 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 surprize And our gracious Sovereign in a true sense of it calls together his High Court of Parliament the lively representation of the wisdome wealth and power of the whole Kingdome to joyn 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 Counsell and Consultations worthy the greatnesse and wisdome of this Assembly to avoid discontents 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 generall good of the King and Kingdome whom God hath joyned 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 kinde of multiplying power and faculty whereby they may be more frequent and the King our Sovereign may delight to sit on this Throne and from hence to distribute his graces and favours amongst his people His Majestie hath given you cause to be confident of this you have heard from his royall mouth which neverthelesse he hath given me expresse command to redouble If this Parliament by their dutifull and wise proceedings shall but give this occasion his Majestie will be ready not onely to manifest his gracious acceptation but to put out all memory of those disasters that have troubled former Parliaments I have but one thing to adde and that is As your consultations be serious so let them be speedy The Enemy is beforehand with us and flies on the wings of Succese we may dallie and play with the houre-glasse that is in our powers but the houre 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 Counsel your Aid all is but lost if your Aid be either too little or too late And his Majestie is resolved that his affaires cannot permit him to expect it overlong And now having delivered what his Majestie hath commanded me concerning the cause of this Assembly his Majestie willeth that you of the House of Commons repaire to your owne House to make choice of a Speaker whom his Majestie will expect to be presented unto him on Wednesday next at two of the clock The Speaker Sir John Finches Speech March 19. 1627. Most Gracious Sovereign YOur obedient and loyall Subjects the Knights Citizens and Burgesses by your royall 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 Judgements for your more weighty affairs or to make it known that their honour and wisdome can suffer neither increase nor diminution by the value or demerits of any one particular Member in what place soever serving them omitting others of worth and ability they have fixed their eyes of favour and affection on Mee Their long knowledge of my unfitnesse every way to undergo a charge of this important weight and consequence gave mee 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 owne inmost thoughts truely and really discovering to them what my self best knew and what I most humbly beseech your royall Majestie to take now into consideration that of so many hundreds sitting amongst them they could have found few or none whose presentation to your Majestie would have been of lesse repute
or advantage to them For impeditioris linguae sum and the poore experience I have of that royall 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 prejudice their common Interest Wherefore dread and dear Sovereign as low as the lowest step of your royal throne I humbly bend appealing to your great sovereign judgement for my discharge from this so unequall a burthen imposed on me most humbly and earnestly beseeching your most excellent Majestie for the honour of that great Councell and the better digestion of publick Services there and withall to avert so ill an Omen as the choice of Me in the beginning of a Parliament ordained I hope for the joy of our own and the envy of other Nations that by your gracious Command the House may re-consult and settle their better thoughts on some more worthy their election and your Majestie 's approbation The Lord Keeper Coventry's Reply M r. Speaker HIs Majestie with a most gracious care and princely attendance hath heard your humble excuse he knowes well the importance of your place but your ability to discharge it he approves and commends the election of the House of Commons and therein receives the more content because they have followed the light taken from himself who formerly made choice of you to serve in a place of Trust both about himself and his royall Consort The Omen cannot be ill and the People so readily follow him whom God hath ordained to go in and out before them And therefore knowing your tackling to be strong and finding your saile moderate and not over-born his Majestie doth doubt neither gust nor wave to endanger your passage But since you are duely chosen his Majestie counsells and commands that unto your humility you adde resolution and courage they stand well together and being well joyned they will arme all your abilities to that great Imployment of service to your King and Countrie which as the Commons by their uniforme voice have put upon you so his Majestie by his royall approbation doth girt unto you and settle you Speaker The Speaker Sir John Finches Reply IT is now no time nor manners longer to dispute with my Lord the King but with all joy of heart and alacrity humbly and thankfully to meet so great a favour from the best of Masters and the best of Men. Therefore first I lift up my heart to him that sits on the Throne of heaven per quem Principes imperant Potentes decernunt justitiam humbly begging at his hands that made the tongue to give me speech and that framed the heart of man to give me understanding for I am but as Clay in the hands of the Potter and he will mould me for honour or dishonour as best seemes good unto him Next I bow my knees unto your most excellent Majestie in all humble and hearty acknowledgement of this and many other your great and gracious Favours The truth of mine heart full of zeale and duty to your Majestie and the publike as any mans quits me from all feare of running into wilfull and pregnant errours and your Majestie 's great goodnesse of which I have been so large a partaker gives me strong assurance that having by your gracious beames drawn me up from earth and obscurity you will so uphold me by a benigne and gracious interpretation of all my words and actions that I fall not down again like a crude and imperfect vapour but consome the remainder of my dayes in the zeal of your Majestie 's service This great and glorious Assembly made perfect by your royall presence like a curious Perspective the more I behold it with the more joy and comfort I finde a lively representation of that true happinesse which under your Majestie 's gracious government we all enjoy A better tongue were fitter to expresse it but a rich Stone retaines his value though ill set Here in the fulnesse and height of your Glorie like the Sun in the exaltation of his Orbe sits your most excellent Majestie the sovereigne Monarch of this famous Isle in a Throne made glorious by a long succession of many and great Princes A meditation worthy our better thoughts that we live neither enthralled to the fury of the giddy-headed multitude nor yet to the distracted wills of many Masters but under the command of a King the stay and strength of a People one as Homer saith well of a King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to be laid in common ballance with other men for Kings know no other Tenure but God's service and their value it is onely tried at his Beam whence the Poets said the Parents of the first Kings were Coelum Terra Divine institution and Humane approbation Besides that it is a Sovereigntie also hereditarie which makes the Common-wealth the King's care as that which is the King 's own Patrimony and the inheritance of his Children when elective Monarchies quickly runne to ruine and are commonly made poor by the enriching of several Families On your right hand are the reverend religious and learned Prelates the Lights of the Church fit to be set in golden Candlesticks and not made contemptible by Paritie or Povertie lively Idea's of that blessing above the rest which by God's great goodnesse and your Majestie 's great pietie this Realme enjoyes the libertie of the Gospell and the free profession of God's true Religion Your Majestie passed the fierie tryall in Spaine and gave us then assurance that your faith was built on that rock against which the gates of hell shall never prevaile Since your coming to the Crowne by your royall Edict you have banished those Incendiaries of Rome the Priests and Iesuites enemies to our Church and State so as now they are either gone or lurk in corners like the sonnes of darknesse You have given life to the Lawes against Recusants and by your own exemplarie pietie have drawn more then you have compelled to come to Church Euge ingredi ut impleatur domus mea was his command that made the great Feast and is the duty of Magistrates And certainly dread Sovereigne true Religion will ever be a target to them that are a buckler to it No cement so strong to hold your Subjects hearts together in their true obedience Our Religion never bred a Clement or a Ravillack and that execrable Villany never to be forgotten here when all of us horresco referens in an instant should have been turned into ashes and those scattered in the winde was a Monster could never have been ingendred but by the Divel or the Iesuites On your left hand sit your Nobles the Lights of Honour full of courage and magnanimitie yet in right distance between Crown and People neither over-shadowing the one or oppressing the other Before your Throne like the twelve Lyons under Solomon's
viz. That his Majesty understanding that the Remonstrance was called for to take away all question commanded me to deliver it to you but hopeth that you proceed with the Bill of Tonnage and Poundage and give precedence to that business and to give an end to further dispute between some of his Subjects or else he shall think his Speech that was with a good applause accepted had not that good effect which he expected But before his Messege there was a report made by Mr. Pym for a Committee for Religion where a motion was made about the Remonstrance the last Session concerning that part which toucheth Religion and the Clark answered that by command from the King he delivered it to the Lord Privy Seal and so the Committee proceeded no farther SIr Walter Earl replied to the Message The last part of the Message calls me up For point of precedency Religion challengeth the precedence and the right of our best endeavors Vbi dolor ibi digitus I know justice and liberty is Gods cause but what will justice and liberty do when Popery and Arminianisme joyn hand in hand together to bring in a Spanish Tyranny under which those Laws and liberties must cease What hath been done for Religion since the last Session We know what declarations have been made what persons have been advanced what truthes confirmed by all Authority of Church Councels and King For my part I will forgo my life and estate and liberty rather than my Religion And I dare boldly affirm that never was more corruption between Religion and matters of state than is at this present time Humana consilia castigantur ubi coelestibus se praeferunt Let us hold our selves to method and that God that carried us through so many difficulties the last Parliament Session will not be wanting to us now Mr. Corrington LEt us not do Gods work negligently We receive his Majesties Message withall duty for our proceedings let us so proceed as it may soonest conduce to his Majesties desire Unity concerns all of us the unity of this house is sweet especially in Gods cause let us cry and cry again for this let us be resolved into a Committee and presently fall to debate thereof UPon Mr. Pyms motion It was ordered that Religion should have the precedency and that the particulars before named should be taken into consideration by a Committee of the whole House Wensday 28. Secretary COOKE delivered another Message from his Majesty HIs Majesty upon occasion of dispute in this House about Tonnage and Poundage was pleased to make a gracious declaration wherein he commended unto us the speedy finishing thereof and to give precedency thereto and since his Majesty understanding the preferring the Cause of Religion his Majesty expected rather thanks than a Remonstrance yet he doth not interrupt you so you do not intrench upon that which doth not belong unto you But his Majesty still commanded me to tell you that he expects precedency in Tonnage and Poundage assuring himself he hath given no occasion to put it back and so you will not put it off To this Mr. Long replied I Cannot see but with much sorrow how we are still pressed to this point I hoped those near the Chair would have truly informed his Majesty of our good intentions but we see how unhappy we are still some about his Majesty makes him diffident of us Sir Thomas Edmonds I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage after his Majesty hath given us a full satisfaction You may perceive his Majesty is sensible of the neglect of his business we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you Your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his Fathers time and since that what enlargement he hath made of our liberties and yet still we give him cause to repent him of the good he hath done Consider how dangerous it is to Alienate his Majesties heart from Parliamens Mr. Corington When men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean I see not how we do neglect the same I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time our business is still put back by these Messages and the business in hand is of God and his Majesty Things are certainly amiss and every one sees it and wo be to us if we present them not to his Majesty Sir Iohn Elliot His Speech to the same effect IT was ordered that a Committee should be appointed to pen an Answer to his Majesties Message and shew that it is their resolution to give him all expeditions in his service and that they hold it fit not onely to give him thanks but further to shew what perill we are in and that Tonnage is their own gift and it is to arise from themselves and that they intend not to enter into any thing that belongs not unto themselves Thursday 29. THe former part of the day was spent in dilating of the transportation of corn and victuals into Spain and it was ordered that Message should be sent to his Majesty that it is now evident that diverse ships are bound for Spain and to desire a stay of them After the House sat at a Committee about Religion after long debate it was resolved by the Commons-House as before Friday 30. THe House received an answer from his Majesty touching the Ships which was that he would consider of it and send them an answer in due time Also this day a Committee of the Lower-House went to the King in the Privy-Chamber with the Petition for the Fast and the Arch-Bishop of York after he had made a short Speech presented it to his Majesty in the name of both Houses To which the King answered Munday Febr. 2. THe Lower-House presented a declaration to his Majesty in answer to two Messages sent by him Tuesday 3. SEcretary Cook reported that himself and the rest of the Committees attended his Majesty upon Munday and he said For my part I have used all diligence to do all the commands of my Master and this House and I find that some exceptions have been taken at some words by me used when I delivered the Bill of Tonnage and Poundage Indeed I used many Arguments in speaking of his Majesty I said it much concerned him and that his Majesty much desired it and I required it in his name which I did not intend but to avoide dispute and I said not this was an ordinary revenue but this Tonnage was the means to inable his Majesty to set his Fleet to sea After this Apology he read his Majesties answer to the Petition of the Lower-House Sir Iohn Elliot Mr. Speaker I confess this hath given great satisfaction for present
THE SOVEREIGNS PREROGATIVE AND THE SUBJECTS PRIVILEDGE Discussed betwixt Courtiers and Patriots in Parliament the third and fourth yeares of the reign OF KING CHARLES Together With the Grand Mysteries of State then in Agitation LONDON Printed for Marthâ—a Harrison and are to be sold at the Lamb in S t. Paul's Church-yard ANNO 1657. THE PREFACE ONe of the most lawfull wayes whereby man in some sort may be said to revenge himself of the shortnesse of his life and extend the measure thereof to a larger proportion then nature allows him is by the studie of Historie For Historie is the remembrancer of the time past it is the monument generall erected over actions long since dead and interred acquainting such as read the Epitaph thereon with the most remarkable passages of the ages past so that a Dwarf by the advantage of the ascent of History may suddenly start up if not a Giant one of competent stature to oversee all transactions long before him But of all Histories none more pleasant or profitable then those of our Native Countrey which as it is an Island and so a little entire world in it self hath in all ages afforded as many signall observables as any content of ground of the same proportion neither Greece nor Italie it self excepted which indeed overmatch us not in Histories but Historians Otherwise if workmen might be had as fair an Edifice might be erected of English affaires such the plenty variety and curiosity of materials concurring thereunto And truly I cannot but accuse the blame-worthy negligence of many able men who under the pretended plea of modesty and humble distrust of their own sufficiency preferre rather to moulder away in obscuritie then industriously to preserve both their own memory and the honour of their nation And those also seem to me equally worthy of reproof who sharp-sighted abroad are little better then blinded at home know the way from Paris to Lions better then from London to York can give a better account from Pharamond to the last French Lewis then from our Lucius to King Charles A very preposterous knowledge seeing Historie like unto good mens charitie is though not to end yet to begin at home and thence to make its methodicall progresse into Forreign parts Now of all English Historie the greatest shame is to be ignorant in the Accidents of our own Age of nearest concernment unto our selves Those starres which are lowest seem lightest unto us yea a candle at hand illuminates more then a torch at distance A man is most as I may say morally edified by reading such men and matters as are his own contemporaries Chiefly because therein not so subject to be deceived by partiallity of reports because not taking up so much upon trust as conducted to his belief by his own eyes and eares witnesses of all transactions The consideration of the premises hath principally moved me to the setting forth of this work wherein I confesse rather fidelitie then industry yet rather industrie then any wit or learning hath been required Some works resent too much of their Authour frequently infusing his own judgement and affections clean through the contexture of his writings to the great prejudicing of the truth and misguiding of his Reader And this is likely to be the Epidemicall disease of the books in our Age wherein all are so engaged in parties that their writings will rather appear pleadings then reports VVhat by generall errour is falsely told of the Iews that they are alwayes crook-backed will be found most true of Authours of this age that they are crook-sided warped and bowed to the right or to the left so hard it will be to find a streight upright and unbiassed Historian For mine own part I can professe integrity herein the only thing I can assume to my self in this work And indeed I have had no occasion nor opportunitie to expresse my own inclinations who have no commission to be an Authour but a Transcriber There is an Officer in the Exchequer who though sitting with the Barons on the Bench hath no power to vote with them nor interposeth his judgement as decisive in any cause but observing silence in pleading speaketh sometimes as to the regulation of the time how it passeth away Such and no other my employment in this Book being a true tell-time and no more to marshall the speeches in due order and to acquaint the Reader with the day of the moneth when they were spoken which done my task is performed The Book containeth the transactions of the Parliament tertio quarto Caroli A distance of time of fit proportion for the Presse not too late nor too soon not so farre off as that the footsteps of truth are worn out as in some ancient stories where the most cunning Hunters are at a losse nor yet so near that the heels of truth ought to be feared though he hath but a servile soul who overvalueth his own safety in such cases to the poysoning of posterity with a falshood Here may one behold the severall traverses of State betwixt the upholders of the Royall Prerogative the Asserters of the Subjects Liberties The former endeavoured to support and perchance to enlarge the Kings Prerogative how in some cases it is too high to come under the roof of the Law and the discretion of the Sceptre as Guardian for the generall good of the Commonwealth must be intrusted on some emergencies with the managing of its own might And seeing Crownes commonly keep what they once catch loath to abate a whit of that power invested in them at leastwise exercised by them no wonder if the Courtiers stickled for their Master his right and as the appurtenances were zealous for that Power and Honour on whom they depended On the other side the Asserters of the Subjects Liberties Trustees for the Countreys good engage earnestly to retrench the Prerogative within the known limits of Law that so Subjects may be at a certainty how to square their loyalty and obedience For Allegiance is willingly and cheerfully paid where there is a sure and standing Rule whereto Sovereigns commands and Subjects duty is to be conformed Otherwise their loyalty flatteth and deadeth by degrees when exposed to an unbounded Arbitrary power so that they never know an end of their own obeying but are in daily fear of new pressures from a lawlesse power whose pleasure is all the reason of imposing them Besides unlimited power in a Prince carrieth in it self a strong temptation to Tyranny and mortall man his corruption is scarce to be trusted with so great a command for fear of abusing thereof Now although in this Parliament these two Parties are plainly to be discovered yet the judicious reader will observe that there was as yet lesse eagerness more moderation in either party matters not being then heightened with such mutuall animosities as since we have beheld Yea it seems that the sins of our Nation began even then to cry so loud
Throne sit the Lights of Justice your grave Iudges and Sages of the Law learned and just as many Ages have known and learning justice by your example Our Lawes as excellent as they are I am sure no humane Lawes excell them nor could so well suite with the constitution of this People were they in the power of corrupt or ignorant men I know not which were worse for one will perhaps oftner erre then the other bribe Justice could never keep her right chanel nor runne cleare as in your Majestie 's reigne it ever hath I must not forget the other Lights the Knights Citizens and Burgesses the Representative of their Estate who although they move lower and at more distance from your royall Person yet I am confident will ever be found constant to the Poles of Love and Loyaltie 'T is a gracious Favour of your Majestie and our former Kings I have often thought on that when both these Houses are humble suitors for any thing they are never denyed Le Roy s'aviserà The King will advise of it is the greatest denyall And I assure my self your Majestie shall finde all your Subjects so full of dutie to your Crown and of true and loyall affection to your royall Person that you shall never have cause to think your gracious Favours ill bestowed on them The Union of Hearts Sir is a greatnesse beyond that of the Kingdome to which you are Heire Et penitus toto divisos orbe Britannos it is a Name of advantage to this Island if the Division be not amongst our selves which the God of Unitie for his mercies sake forbid and so knit our Hearts in love one to another and all of us in duty and loyalty to your most excellent Majestie that this renowned Island perish not by our Distractions but may ever flourish and be like Ierusalem the Citie of God where his Name may be for ever honoured Great and glorious have been the Actions of your royal Predecessours yet greater remaine for your Majestie and most of theirs attend you for their perfection The first Christian King of Europe the first that abated the swelling pride of Rome by banishing his usurped power and God's true Vice-gerent the first that established the true Religion now profest were all Kings of England and the last a young one Queen Elizabeth was a woman yet Spaine hath cause to remember her the Protestants of France and the Low-Countries will never forget her And were Henry the Great alive he would say That in requitall of the love of this Kingdome shewed him he hath sent us one of his owne Loynes your royall Consort our most gracious Queen to propagate these blessings to us and our posteritie for ever Your royall Father of ever blessed and famous memorie had a Reigne like Solomon's for Religion no man knew more a lustre or advantage to him this Age shall deliver it to the next and all Ages shall see it in his Kingly Workes But while under his glorious Reigne we abode in peace and plenty our hands had forgot to warre and our fingers to fight till at last by your Princely mediation upon the humble suite of both these Houses the two Treaties were dissolved and a foundation laid for your Majestie to restore us to our antient and Military honour which I doubt not will quickly be Eritis sicut Dii was the Serpent's Counsell and ruined Mankinde nor is it fit for private men much lesse for me to search into the Counsells or Actions of Kings Onely Sir give me leave from an heart full of zeale to your glorie and greatnesse to say to your Majestie the Times require you Religion calls upon you to goe on with that Kingly Courage you have begune till the state of Christendome be settled in the right Balance again We see how the Eagle spreads his wings in Germany reaching with his talons as farre as the Sound and Baltick sea Denmark and Sweden in danger of utter ruine by seizing the Electorates the choice of the Empire invested in a manner solely in the House of Austria Our Religion in France and every where never so neare a period And we know who it is for whom all this works he of whom the boast is made Allà qui Monarqui nasciendo d'el monendo who by the ruine of us and our Religion will make a new Zodiack and draw an Ecliptick line through the East and West Indies But he that sits on high will in his good time laugh them to scorne and as that wife Woman said to King David God will make to my Lord the King a sure house if my Lord shall continue to fight the battels of Iehovah and let all England say Amen I have presumed too farre upon your royall Patience and therefore I will conclude with a few words for them that sent me who are humble suitours to your excellent Majestie First for our better attending the publick and important services that our selves and our necessary Attendants may be free both in our persons and goods from all arrests and troubles according to our ancient priviledge and immunities Next that since that in all great Councells where difference of opinion is truth is best discovered by free debates your Majestie according to our like ancient use and priviledge will be graciously pleased to allow us liberty and freedome of speech and I assure my self we shall not passe the latitude of duty and discretion That upon all occurrences of moment fit for resort to your owne person your Majestie upon humble suit at your best leisure will vouchsafe us accesse to your royall person And lastly that all our proceedings being lodged in your royall heart with belief of our zeal and loyalty we may reap the fruits of it by your Majestie 's gracious and favourable interpretation One word more I humbly begg for myself That though it be the beginning of a Parliament I may now and ever enjoy your Majestie 's most gracious and generall free Pardon The Lord Keeper Coventry's second Reply M r. Speaker HIs Majestie with no lesse content then attention hath heard your learned Discourse he observes your beginning with his gracious incouragement and advice not forsaking your humble modestie but adding to it thankfulnesse alacrity and joy of heart a just and right temper He observes you derive these aright first from the Throne in heaven he lookes thither with you and joynes in prayer that both you and all this Assemblie by that Divine hand and power be moulded and procured for the honour safety and good of the Church and Kingdome Next you apply your self to the Throne on earth his Majestie doth graciously accept your protestations of the truth of your heart the fulnesse of your zeale and duty to his Majestie and the Publick he believes it and that not in you alone but in all this Assembly so that you are secure not onely from wilfull and pregnant errours but from doubt of sinister interpretation My Lord the
in generall and to the grievous and insupportable vexation and detriment of many Countreys and persons in particular a new and heretofore almost unheard of way hath been invented and put in practise to lay Souldiers upon them scattered in Companies here and there even in the heart and bowels of this Kingdome and to compell many of your Majesties Subjects to receive and lodge them in their own houses and both themselves and others to contribute towards the maintenance of them to the exceeding great disservice of your Majesty to the generall terrour of all and utter undoing of many of your poor people Insomuch that we cannot sufficiently nor in any sort proportionable to the lively sense that we have of our miserie herein are we able to represent unto your Majesty the innumerable mischiefs and continuall vexations that by this meanes alone we do now suffer whereof we will not presume to trouble your sacred eares with particular instances Only most gracious Sovereign we beg leave to offer unto your gracious view and compassionate Consideration a few of them in generall First The service of almighty God is hereby greatly hindred the people in many places not daring to repair to the Churches least the Souldiers in the mean time should rifle their houses 2. The ancient and good government of the Countrey is hereby neglected and contemned 3. Your Officers of Justice in performance of their duties have been resisted and indangered 4. The rents and revenues of your Gentrie greatly and generally diminished Farmers to secure themselves from the Souldiers insolencie being by the clamours and solicitation of their fearfull and injured wives and children inforced to give up their wonted dwellings and to retire themselves into places of more secure habitation 5. Husbandmen that are as it were the hands of the Countrey corrupted by ill example of the Souldiers and incouraged to idle life give over work and rather seek to live idly at another mans charge then by their own labours 6. Tradesmen and Artificers almost discouraged being inforced to leave their trades and to imploy their time in preserving themselves and their families from violence and cruelty 7. Markets unfrequented and our wayes grown so dangerous that your people dare not passe to and fro upon their usuall occasions 8. Frequent robberies assaults batteries burglaries rapes rapines murthers barbarous cruelties and other most abominable vices and outrages are generally complained of from all parts where these Companies have been and had their abode few of which insolencies have been so much as questioned and fewer according to their demerits punished These and many other lamentable effects most dread and dear Sovereign have by this billetting of Souldiers fallen upon your loyall Subjects tending no lesse to the disservice of your Majesty then to their own impoverishing and destruction so that they are thereby exceedingly disabled to yield your Majesty those supplies for your urgent occasions which they heartily desire And yet they are further perplexed with apprehension of more approching dangers one in regard of your Subjects at home and the other from Enemies abroad In both which respects it seems to threaten no small Calamitie For the first the meaner sort of your people being exceeding poor whereof in many places be great multitudes and therefore in times of most settled and constant administration of Justice not easily ruled are most apt upon this occasion to cast off the reines of government and by joyning themselves with these disordred Souldiers are very likely to fall into mutinie and rebellion which in faithfull discharge of our duties we cannot forbear most humblie to present to your high and excellent Wisdome being prest with probable feares that some such mischief will shortly ensue if an effectuall and speedie course be not taken to remove out of the land or else otherwise to disband those unruly Companies For the second we do most humbly beseech your Majesty to take into your Princely consideration that many of these Companies besides their dissolute dispositions and carriages are such as do openly professe themselves to be Papists and therefore to be suspected that if occasion serve they will rather adhere to a forreign Enemy of that Religion then to your Majestie their liege Lord and Sovereign especially some of their Captaines and Commanders being as Popishlie affected as themselves and having served in the warres in the behalf of the King of Spain and the Arch-Dutchesse against your Majesties Allyes which of what pernicious consequence it may prove and how prejudiciall to the safety of all your Kingdome we humblie leave to your Majesties high and Princely Wisdome And now upon this and many more which might be alledged most weightie and important reasons grounded upon the maintenance of the worship and service of almightie God the continuance and advancement of your Majesties high honour and profit the preservation of the ancient and undoubted Liberties of your people and therein of Justice and Industrie and Valour which clearly concernes the glorie and happinesse of your Majestie and all your Subjects and the preventing of imminent calamities and ruine both of Church and Common-wealth we your Majesties most humble and loyall Subjects the Knights Citizens and Burgesses of your House of Commons in the name of all the Commonaltie of the Kingdome who are upon this occasion most miserable disconsolate and afflicted prostrate at the throne of your Grace and Justice do most humbly and ardently beg a present remove of this insupportable burthen and that your Majesty would be graciously pleased to secure us from the like pressure for time to come The nine Heads of the House of Commons to the Speaker 1. THat it is the ancient right of Parliament to dispose of matters there debated in their own method 2. That it is their ancient custome to consider of Grievances before matters of Supplie 3. That yet neverthelesse in this Parliament to expresse our affection to his Majesty contrarie to ordinarie proceedings we have proceeded in the Supply as farre as we could in that Committee 4. That we have been so farre from delaying that post-posing the common and pressing grievances we have given precedencie to the supply joyning with it only the fundamentall and vitall Liberties of the Kingdome that give substance to the Subjects 5. Further to expresse the fulnesse of our affections we have exceeded our order in that particular concerning the supplie which though later in proposition yet hath been first made readie for conclusion in the Committee 6. No person or Councell can be greater lovers of or more carefull to maintain the sacred Rights and Prerogatives of the Crown then we and we do conceive that the maintaining of the fundamentall Rights and Liberties of the Subject is an especiall meanes to establish the glory of a Monarch and that by it his Subjects are the better enabled to do him service which hath been the cause of many glorious victories wone by this Nation above other Kingdomes of larger
an accompt of my actions to none but to God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merrit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truely informed that a second Remonstrance is preparing for me to take away the profit of my Tonnage and Poundage one of the chief maintenances of the Crown by alleadging that I have given away my right thereof by my answer to your Petition This is so prejudiciall to me that I am forced to end this Session some few hours before I meant it being not willing to receive any more Remonstrances to which I must give an harsh answer And since I see to that end the House of Commons beginneth already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no was to trench upon my prerogative saying they had neither intention nor power to hurt it Therefore it must needs be conceived that I have granted no new but confirmed the ancient Liberties of my Subjects yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare that those things which have been done whereby many had some cause to suspect the libertie of the Subject to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn in example for your prejudice and in time to come in the word of a King you shall not have like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask never meant I am sure by me to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted in your Petition but especially you my Lords the Judges for to you onely under me belongs the interpretation of Laws for none of the Houses of Parliament either joynt or separate what new doctrine soever may be raised have any power either to make or declare a Law without my consent The Second Remonstrance Most Gratious Soveraign YOur Majesties most Loyall and Dutifull Subjects the Commons in this present Parliament Assembled being in nothing more carefull then of the Honour and prosperity of your Majesty and the Kingdom which they know doth much depend upon your happy Union and relation betwixt your Majestie and your people do with much sorrow apprehend that by reason the incertainty of their continuance together the unexpected interruptions which have been cast upon them and the shortness of time in which your Majestie hath determined to end this Session they cannot bring to maturity and perfection diverse businesses of waight which they have taken into consideration and resolution as most important for the common good Amongst diverse other things they have taken in especial care for preparing a Bill for the granting to your Majestie such a subsedy of Tonnage and Poundage as might uphold your profit and revenew in as ample manner as their just care and respect of Trade wherein not onely the prosperity but even the life of the Kingdom would permit but being a work which will require much time and preparation by conference with your Majesties Officers and with the Merchants not onely of London but also of other remote parts they finde it not possible to be accomplished at this time wherefore considering it will be much more prejudiciall to the right of the Subject if your Majestie should continue to receive the same without Authority of Law after the determination of a Session then if there had been a recess by adjournment onely in which case that intended grant would have related to the first day of the Parliament and assuring themselves your Majesty is resolved to observe that your Royall answer which you have lately made to the Petition of Right of both Houses of Parliament Yet doubting lest your Majesty may be misinformed concerning the particular case as if you might continue to take those subsedies of Tonnage and Poundage and other impositions upon Merchants without breaking that answer they are forced by that dutie which they owe to your Majestie and to those whom they represent to declare that there ought not any imposition to be laid upon the goods of Merchants exported or imported without common consent by Act of Parliament which is the right and inheritance of your Subjects founded not onely upon the most ancient and Original constitution of this Kingdom but often confirmed and declared in divers Statute Laws And for the better manifestation thereof may it please your Majestie to understand that although your Royall predecessors the Kings of this Realm have often had such subsedies and impositions granted unto them upon diverse occasions especially for the guarding of the Seas and safe-guard of Merchants yet the Subjects have been ever carefull to use such cautions and limmitations in those grants as might prevent any claim to be made That such subsedies do proceed from duty not of free gift of the Subject and that they have heretofore used to limmit a time in such grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of cessation and intermission that so the right of the Subject might be more evident At other times it hath been granted upon occasions of War for a certain number of years with proviso that if the War were ended in the mean time then the grant should cease And of course it hath been sequestred into the hands of some Subjects to be imployed for the guarding of the coasts and it is acknowledged by the ordinary answers of your Majesties predecessors in their assent to the Bills of subsedy of Tonnage and Poundage That it is of the nature of other subsedies proceeding from the good will of the Subject Very few of your predecessors had it for life until the raign of Hen. 7. who was so far from conceiving he had any right thereunto that although he granted commissions for collecting certain duties and customes due by Law yet he made no commissions for receiving the subsedy of Tonnage and Poundage untill the same was granted unto him in Parliament Since his time all the Kings and Queens of England have had the like grants for life by the free love and good will of the Subject And whensoever the people have been grieved by laying any imposition or other charges upon their goods or Merchandizes without Authority of Law which hath been very seldom yet upon complaint in Parliament
That Mr. Attorney having made a rough Draught being often urged to expedition by the Bishop of Winchester he sent the same to the Bishop who inter-lined and corrected the same adding the names of Cosens Manwering and Sibthorp to the pardon That Mr. Attorney may be asked whether any of these Lords were made acquainted with the affidavit about Cosens A Messenger is sent to the Lord Keeper to know the reason wherefore he made stop of the Great Seal and by what solicitations he was prest thereunto Thursday 5. A Petition in complaint of an imposition upon Mault by the Citie of London was this day preferred to the House which is prefered to the Committee for Grievances Some differences being observed in the Articles as in the twentieth Article c. a Committee is to Compare the old and new Articles with the Records at Lambeth and consider how all those differences come in Mr. Long COmplaineth that a Prosecution hath been against him in the Star-chamber for sitting in this House the last Session he being High Sheriff of Wiltshire and chosen Burgess of Bath in Somersetshire The Preachers are to be chosen to morrow at the Committee for Religion Mr. Ogle IS called who averreth his Petition and will prove the same by witnesses It is Ordered that Cosens shall have intimation to attend to answer here if he will on Munday come fortnight to be sent for by a Serjeant at Arms and if he be not of the Convocation but if he be then to have notice by the Speakers letters and if thereupon he appear not then to proceed with him as is usuall in like Cases If Witnesses be sent for to this House in any Publick business they are to pay their own Charges Secretarie Gook SAith He hath very now received from a Noble person this Message from his Majestie That he hath appointed the eighteenth of this Moneth for the Fast for this place and the twentieth of the next Moneth for the whole kingdom Sir Robert Phillips MOveth in the behalf of the Lord Peircie that having a Cause in dispute in the Lords House and three Members of this House being of his Counsel desires they may have leave to plead his Cause Which being conceived to be a Cause that is not to receive any Judgement here it is granted Friday A Petition exhibited against one Wittington a Papist in Northumberland Ordered to be sent for by a Serjeant at Arms. Mr. Harris of St. Margarets Westminster Mr. Harris of Hanwell in Oxfordshire Mr. William Fitz-Ieofferies of Cornwall are chosen for three Preachers for the day of the Fast and for the precedence is referred to the Preachers themselves Mr. Shervill REported one Parson Scall procured the Pardon for Mountague one Bartholomew Baldwin solicited the Pardon for Manwering There is also another Pardon found to be granted to Manwering pardoning the Judgement late he had given by the High Court of Parliament and all sums due to the King thereby Sir Nathaniel Ritch THat we may do somewhat which may give content to those who sent us hither and make expedition to the business of his Majestie and the Common-wealth That therefore the business of Mr. Mountague may be expedited to the Lords that they may enter into these things as well as we The Councel of Mr. Iones the Printer are to be heard upon Munday next Sir O. Roberts REporteth from the Committee sent to Mr. Attorney that Mr. Attorney staid for the Affidavits taken by Sir Euball Thelwall That one Heath a Gentleman of Grays-Inne told Mr. Attorney that Cosens should say that the King was not supream of the Church and that he had no more to do with Religion than he that rubs his horse heels Mr. Attorney acquainted the King whereupon the King charged him to make a strict Inquisition herein but the King would not believe the same to be true Mr. Attorney sent for his Kinsman again and being examined he said so as affidavits were made thereon There was further certificate from the Dean and others at Durham so that the business was much lessened thereby but Mr. Attorney pressing the business further casually met with the Bishop of Winchester who said to Mr. Attorney that this business will come to nothing and King that made the affidavit was but a vain fellow The Affidavit of Thomas King was read which verifieth the same Mr. Selden made the rest of this Report and delivered the Warrant by which Mr. Attorney drew the Pardons for the Bishop of Winchester The effect was that what Mr. Mountague had done or writ was not out of any ill meaning such a Pardon should be drawn as Mr. Mountagues Councel should direct This Warrant was under the Lord Dorchester being the Lord Carleton Mr. Selden delivereth likewise the Copie of the Pardon interlined and razed by the Lord Bishop of Winchester Sir Iohn Elliot HEre is high Treason upon oath a Deposition upon oath an opposition is not in Law to be admitted for here is not onely an Admission but an Invitation of Certificates for defence and allowed to sway the case of so high a nature that therefore the parties that made the Affidavits and Mr. Attorney may be examined to make a better disquisition in this for I fear the intimation of the Bishop of Winchester swayed too far with Mr. Attorney Be matter true or false the neglect of the dutie of the Attorney is not to be excused I am much grieved to see his Majesties mercie run so readily to these kind of persons and his justice so readily upon others trifling occasions nay upon no occasions nay upon no occasion onely the misinformation of some Minister Mr. Attorney being by Writ to attend the Lords House cannot be injoyned to attend this House or to appear upon Warrant wherefore Mr. Littleton and Mr. Selden being of the same Inne of Court have undertaken to give notice to Mr. Attorney that there being as accusation here against him he may here answer and satisfie the House on Munday next Saturday A Bill against Spirituall Symonie and a Bill against buying or selling of places of Judicature Mr. Kirton moved That a time may be appointed to take into consideration the business of Tonnage and Poundage Sir Walter Earl secondeth his motion that all the world may know that we will give to God that which is Gods and to Cesar that which is Cesars and to our Countrey that which is theirs Sir Walter moveth That the Merchants may have their goods and that his Majestie may be moved therein It is Ordered That the House on Tuesday next in a Committee shall take into consideration the business of Tonnage Poundage and all things incident thereto Mr. Shervill is nominated to take the Chair of the Committee Sir Rober Phillips REported from the Committee for Course of Justice A Petition of Complaints was exhibited by Mr. Noell a Member of this House against Sir Ed. Moseley Attorney of the Dutchie Court and his man in point of injustice That
the Secretarie Super totam maternam It is evident that the Colledge at Clarkenwell is a Colledge of Iesuits holden under a Forreign Supream power Sir Francis Seymour taxeth Mr. Attorneys affection and judgement in this and also declareth continual Letters from Mr. Attorney in stay of proceedings against Recusants You see in this how slightly Mr. Attorney hath put over a business of this weight to Mr. Long. Cross the Pursevant saith there was an Eleventh man in the New Prison and the Keeper of that Prison said he was delivered by Warrant from the Councel-board Sir Iohn Elliot No man could find a way on which to vent his malice so much to this Church and State as by protecting these men That this may be fixed home on that great Lord of Dorset that I fear hath defiled his fingers too far in this business and on Mr. Attorney whom I am sorrie I have occasion to nominate so often in this matter of Religion in stopping of proceedings against Recusants Mr. Recorder is ordered to be sent for and to be examined in this rather than to be sent for having had the Honor formerly to sit in the Chair Secretarie Cook saith we shall find that the King being mercifull in case of shedding bloud gave direction for the repriving of those Priests Sir Iohn Elliot I doubt not when we shall declare the depth of this to his Majestie but he will render them to judgement that gave him advice herein Sir Nath. Ritch These Iesuits are bound by Sureties to answer further at the Councel-board I wish these Bonds would produce these Men that by examination of them we may find out the whole pack of their Benefactors and Countenancers Mr. Long saith that he offering at Session the Evidence by order from M. Attorney the Lord Chief Justice Richardson interrupted him and told him he must speak to the point in issue whether Priests or no Priests and hereupon the Judges consulted amongst themselves Mr. Selden saith he was present at the Sessions and plain Treason was proved and nothing done in it The further examination of this is referred to a select Committee Munday 16. A Petition of Complaint against Sir Henry Martin for disposing of the goods of one Brown who died intestate to his own private use Sir Henry Martin If I prove not my self as clear of this as St. Iohn Baptist let me be reckoned to be a Jew Referred to the Committee for course of Justice At the Committee for Religion MAster Stroud That the Lord Chief Justice may be called to give an account of his stay of Justice in the execution of the condemned Priests which he ought not to have done though his Majestie signified his pleasure to the contrarie Chancellor of the Dutchie That was a thing ordinarie for a Chief Justice to do in Queen Elisabeths and King Iames times as also a Declaration in the Star-chamber that all condemned Priests should be sent to the Castle of Wisbitch and from hence though the King had given no order for the replevie he might have taken his Warrant for his proceedings Mr. Selden reporteth from the Committee for the further examination of Mr. Long concerning the proceeding at Newgate against the Iesuits whereby plainly appeareth that the evidence tendered in the Court at Newgate did plainly testifie these men to be Priests yet the Lord Chief Justice Richardson did reject the same against the sence of the rest of the Judges and Justices present whereby it is plain he dealt under-hand to some of the Iesuites Ordered That two Members shall be sent to each Judge that were present at the Sessions at Newgate who were said to be the Lord Chief Justice of the Kings Bench the Chief Justice of the Common-pleas Justice Whitlock Justice Iones and Justice Crook Tuseday 17. MAster Chambers preferreth another Petition in complaint of a Warrant newly proceeding from the Councel-board for the stay of the Merchants goods unless they payed the duties that were due in King Iames his time Sir Iohn Elliot You see as by the last answer from the Exchequer the Merchants were bounded within the Court to sue for their own so they are now debarred from all means of coming by their own It is Ordered that the Customers shall attend the House on Thurseday next In the mean time it is referred to the former Committee Ordered a Committee of six to Collect and take all the names at the Fast and to meet at eight of the Clock in the Morning Ordered That a Committee shall consider of a speedie way to put the Merchants in Possession of their goods without which it is warned we sit here in vain Sir Thomas Hobbie Reported from my Lord Chief Justice Hide that he doth not remember any Papers tendred by Mr. Long were rejected or that he affirmed they were dangerous persons and a Colledge of Iesuits but howsoever Mr. Long tendred nothing to prove them so but that he had diverse papers in his hand Mr. Wansford Reported from the Lord Chief Justice Richardson who saith that Mr. Long did discourse of the place and house but did not press the reading of any papers neither doth he know what was in the papers neither knew he any thing to prove the persons Priests Sir Thomas Barrington delivereth the answer of Justice Iones who saith the same papers were offered by Mr. Long but he knoweth not the Contents thereof nor the reason why they were refused but he came late for want of his health and the second day was not there at all The like was Reported by Sir Will. Constable from Justice Crook Sir Thomas Barrington saith Although that Justice Iones did not write the name of my Lord Chief Justice Richardson yet in discourse named him to be the man that said The point in proof is not whether they be Priests or no Priests Sir Nath. Ritch Here is a charge of a high nature on the Judges by Mr. Long. That Mr. Long now may make good his Charge or suffer for it for there were witnesses enough in the Court. Ordered Mr. Long to be here on Thurseday Morning Ordered That the Justices about this time shall be required to deliver in the names of all Recusants remaining about the Town and their conditions and what Countrey they be It is Moved That the Gentlemen of the Inns of Court and of the Chancerie may give in their knowledge what Recusants are there Sir Iohn Stanhope That the Court may give in the names of Recusants there likewise by what Warrant these be about the Town and what publick charge of Office any of these persons have also what Priests and Iesuites are in any prison in London for they have libertie sometimes to go five miles to say Mass. Wednesday 18. A Publick Fast was kept by this House in Westminster where were three Sermons Thursday 19. MAster Dawes one of the Customers called in to answer the point of Priviledge in taking Mr. Rolles his goods being a Member of this