hereby will and command you out of our Treasury remaining in the receipt of the said Exchequer forthwith to pay or cause to be paid unto Phillip Burlamachi of London Merchant the summ of 30000 l. to be paid by him over by Bill of Exchange unto the Low-Countries and Germany unto our trustie and well be loved Sir William Balfoore Knight and Iohn Dalber Esquire or either of them for levying and providing certain numbers of Horse with Arms for Horse and Foot to be brought over into this Kingdom for our service viz. For the levying and transporting of a 1000 Horse 15000 l. for 5000 Muskets 5000 Corslets 5000 Pikes 10500 l. and for 1000 Curasiers compleat 200 Corslets and 200 Carbines 4500 l. Amounting in the whole to the said summ of 30000 l. And this our Letter shall be your sufficient warrant and discharge in this behalf Given under our privy Seal at our Palace of Westminster 30. of Ianuary in the third year of our raign The Commission to the Lords and others of the privy Councel concerning the present raising of money CHARLES by the grace of God King of England Scotland France and Ireland defender of the faith c. To Sir Thomas Coventry Lord Keeper of the great Seal of England Iames Earl of Marlburgh Lord Treasurer Henry Earl of Manchester Lord President of the Councel Edward Earl of Worcester Lord Keeper of the privy Seal George Duke of Buckingham our high Admiral of England William Earl of Pembroke Lord Steward of our Houshould Phillip Earl of Mongommery Lord Chamberlain of our Houshould Theophilus Earl of Suffolk Edward Earl of Dorcet William Earl of Salisbury Thomas Earl of Exceter Iohn Earl of Bridgwater Iames Earl of Carlile Henry Earl of Holland William Earl of D. George Earl of Totnes Sir George Hay Knight Lord Chaunceller of Scotland William Earl of Morton Thomas Earl of Kelly Thomas Earl of Melros Edward Viscount Conway one of our principall Secritaries of State Edward Viscount Wimbleton Oliver Viscount Grandison Henry Viscount Falkland Lord Deputy of Ireland To the Lord Bishop of Winchester William Lord Bishop of Bath and Wells Fulk Lord Brook Dudly Lord Carleton vice Camberlain of our Houshould Sir Thomas Edmonds Treasurer of our Houshould Sir Iohn Savill Comptroller of our Houshould Sir Robert Nawton Master of our Court of Wards Sir Iohn Cooke one of the principal Secritaries of our State Sir Richard Weston Chancellor and under Treasurer of our Exchequer Sir Iulius Caesar Master of the Roll. Sir Humfry May Knight Chancellor of our Dutchy of Lancaster GREETING WHereas the present Conjuncture of the pressing affairs of Christendom and our own particular interest in giving assistance to our oppressed Allies and for the providing for the defence and safety of our own dominions And people do call upon us to neglect nothing that may conduce to those good ends And because monies the principall sinews of War and one of the first and chiefest in all great preparations and actions necessary to be provided in the first place and we are carefull the same may be raised by such ways as may best stand with the State of our Kingdoms and Subjects and yet may answer the pressing occasions of the present times We therefore out of the experience we have had and for the trust we repose in your wisdoms fidelities and dutifull care of your services and for the experience you have of all great causes concerning us and our State both as they have relation to forraign parts abroad and as to our Common-Wealth and People at home Ye being Persons called by us to be of our privy Councel have thought fit amongst those great and important matters which so much concern us in the first and chiefest place to recommend this to your speciall care and dilligence And we do hereby authorize and appoint and stricktly will and require you speedily and seriously to enter into consideration of all the best and speediest ways and means yee can for raising of money for the most important occasions aforesaid which without extreamest hazard to us our dominions and people and to our friends and Allies can admit of no long delay The same to be done by imposition or otherwise as in your wisdom and best Judgments ye shall finde to be most convenient in a case of this inevitable necessity wherein form and circumstance must be dispensed with rather then the substance be lost or hazarded And herein our will and pleasure is that you or as many of you as from time to time can be spared from attendant upon our Person or other our necessary services do use all dilligence by your frequent meetings and serious consultations and when you have brought any thing to maturity ye make report thereof unto us and advertise us of those things ye shall either resolve upon or thinck fit to represent unto us for the advancement of this great service which with the greatest affection we can we recommend to your best care and Iudgement Whereof you must not fail as you tender our honour and the honour and safety of our Dominions and People and for the doing hereof these presents shall be to you and every of you a sufficient warrant In witness whereof we have caused these our Letters to be made Letters Patents Witnes our selfe at Westminster the last day of February in the third yeare of our Raigne Per ipsum Regem Articles to be propounded to the Captains and Masters as well English as French touching the service in hand at ROCHEL 4. May 1628. the ships rideing before the Town 1. WHether in your opnion and judgments by the means and strength we have the Floates and Pallizadoes may be forced and the entrance into the Town may be thereby made for the victuallers 2. If you shall think it fit what in your opinions will be the best and readiest way to open the same 3. Whether you hold it fit to send in the victuallers at the same instant together with the fire ships and barks considering that if it should not take effect instead of relieving the Town we relieve the Enemy 4. If in this attempt part shall get through and the greater part be taken by the Enemies whether the service or dishonour will be greater 5. If in case you think it fit to give the attempt whether you hold it likewise necessary that the Merchant ships should second or follow them and how far you hold it safe for them to go 6. Whether the more to countenance the service you hold it fit for the Kings ships to put themselves under sail being they are to be exposed to shallow water and a narrow Channel and to lye under command of many of the Enemies Forts where by an unlucky accident many of them may be brought on ground and miscarry 7. You are here to deliver your opinions upon your allegiance the rather because the onely service the Kings ships there can do is to cause the Enemies Fleet which rides
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
this Land And when according to the Lawes and Statutes of this Realm redresse hath been sought for in a legall way by demanding Habeas Corpus from the Judges and a discharge or triall according to the Law of the Land successe hath failed which hath now inforced the Commons in this present Parliament assembled to examine by Acts of Parliaments Presidents and Reasons the truth of English Subjects Liberties which I shall leave to learned Gentlemen whose weightie Arguments I hope will leave no place in your Lordships memories for the errours and infirmities of your humblest Servant that doth thankfully acknowledge the great favour of your most honourable and patient attention The Argument made by M r Littleton at the command of the House of Commons out of Acts of Parliament and Authorities of Law expounding the same at the first Conference with the Lords concerning the Liberty of the Person of every Free-man My Lords UPon the occasions delivered by the Gentleman that last spake your Lordships have heard the Commons have taken into their serious Consideration the matter of Personall Libertie and after long debate thereof on divers dayes as well by solemn Arguments as single propositions of doubts and answers to the end no scruple might remaine in any mans breast unsatisfied they have upon a full search and cleer understanding of all things pertinent to the Question unanimously declared That no Free-man ought to be committed or detained in prison or otherwise restrained by the command of the King or the Privie Councell or any other unlesse some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with some other of their Members to represent unto your Lordships the true grounds of such their resolutions and have charged me particularly leaving the reasons of Law and Presidents for others to give your Lordships satisfaction that this Libertie is established and confirmed by the whole State the King the Lords Spirituall and Temporall and the Commons by severall Acts of Parliament The authority whereof is so great that it can receive no answer save by interpretation or repeal by future Statutes And these that I shall mind your Lordships of are so direct to the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the Grand Charter of the Liberties of England first granted in the 17 yeare of King Iohn and renewed in the 9 yeare of King Hen. 3. and since confirmed in Parliament above 30 times Cap. 29. the words are these Nullus liber homo capiatur vel imprisonetur aut diseisietur de libero tenemento suo vel libertatibus vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatur nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum vel per legem terrae These words Nullus liber homo c. are expresse enough yet it is remarkable that Matthew Paris an Authour of speciall credit doth observe fo 432. that the Charter of the 9. H. 3. was the very same as that of the 17. of King Iohn in nullo dissimiles are his words and that of King Iohn he setteth down verbatim fol. 342. and there the words are directlie Nec eum in carcerem mittemus and such a corruption as is now in the print might easily happen 'twixt 9. H. 3. and 28. E. 1. when this Charter was first exemplified But certainly there is sufficient left in that which is extant to decide this question for the words are That no Free-man shall be taken or imprisoned but by the lawfull judgement of his Peeres which is by Jury Peeres for Pares ordinary Jurours for others who are their Peeres or by the Law of the Land Which words Law of the Land must of necessity be understood in this Nation to be by due processe of Law and not the Law of the Land generally otherwise it would comprehend Bond-men whom we call Villains which are excluded by the word liber for the generall Law of the Land doth allow their Lords to imprison them at pleasure without cause wherein they only differ from the Free-men in respect of their persons who cannot be imprisoned without a cause And that this is the true understanding of those words per legem terrae will more plainly appear by divers other Statutes that I shall use which do expound the same accordingly And although the words of this Grand Charter be spoken in the third person yet they are to be understood of Suites betwixt partie and partie at least not of them alone but even of the Kings Suites against his Subjects as will appear by the occasion of the getting of that Charter which was by reason of the differences betwixt those Kings and their people and therefore properlie to be applyed to their power over them and not to ordinarie questions 'twixt Subject and Subject The words per legale judicium parium suorum immediately precedeing the other per legem terrae are meant of trialls at the Kings Suit and not at the prosecution of a Subject And therefore if a Peer of the Realm be arraigned at the Suit of the King upon any Indictment of Murther he shall be tried by his Peeres that is Nobles But if he be appealed of Murther by a Subject his triall shall be by an ordinarie Jury of 12 Free-holders as appeareth in 10. Edw. 4. It is said such is the meaning of Magna Charta By the same reason therefore as per judicium parium suorum extends to the Kings Suit so shall these words per legem terrae And in 8. E. 2. Rot. Parliam num 7. there is a Petition that a Writ made under the Privie Seal went to the Guardians of the Great Seal to cause lands to be seized into the Kings hands by force of which there went a Writ out of the Chauncery to the Exchequer to seize against the forme of the Grand Charter That the King or his Ministers shall out-law no man of Free-hold without reasonable Judgement And the partie was restored to his land Which sheweth the Statute did extend to the King There was no invasion upon this personall liberty till the time of King Edw. the 3. which was soon restrained by the Subject For in the 5. E. 3. cap. 9. it is ordained in these words It is enacted that no man from henceforth shall be attached by any accusation nor forejudged of life or limbe nor his lands tenements goods nor cattells seized into the Kings hands against the forme of the great Charter And the Law of the Land 25. E. 3. cap. 4. is more full and doth expound the words of the Grand Charter and it is thus Whereas it is contained in the great Charter of the Franchises of England That no Free-man be imprisoned or put out of his Free-hold nor of
and not by way of information out of another mans mouth may not be good as appeareth by the severall books of our law 23 Ed. 3. Rex vic 181. upon a Homine replegiando against the Abbot of C. the Sheriffe returneth that he had sent to the Bailiffe of the Abbot that answered him that he was the villain of the Abbot by which he might not make deliverance and a Sicut alias was awarded for this return was insufficient insomuch that he had returned the answer of the Bailiffe of the Abbot where he ought to have returned the answer of the Abbot himself out of his own mouth Trin. 22. Ed. 2. Rot. 46. parent vill Burg. Evesque de Norwich repl 68. Nat. Br. Case 34. Fitz. Nat. Br. 65. 34. Ed. 3. Excom 29. the case appeareth to be such in a trespasse the defendant pleadeth the plaintiffe is excommunicate and sheweth forth the letter of the Bishop of Lincoln witnessing that for divers contumacies c. and because he had certified no excommunic done by himself but by another the letter of excommunication was annulled for the Bishop ought to have certified his own act and not the act of another Hillarii 22 Hen. 8. Rot. 37. it appeareth by the return of an Habeas corpus that Iohn Parker was committed to prison for security of the peace and for suspicion of felony as per mandatum Domini Regis nunciatum per Robertum Peck de Cliffords Inne and upon his return Iohn Parker was bailed for the return Commiss fuit per speciale mandatum domini Regis nunciatum per Robertum Peck was not good insomuch that it was not a direct return that he was committed per mandatum Domini Regis And for the first point I conclude that this return is insufficient in form insomuch that it doth not make a precise and direct return that he was committed and detained by the speciall command of the King but onely as he was signified by the warrant of the Lords of the Councell which will not serve the turn and upon the book of 9 Hen. 6.44 the return of the cause of a mans imprisonment ought to be precise and direct upon the Habeas corpus insomuch as thereby to be able to judge of the cause whether it be sufficient or not for there may not any doubt be taken to the return be it true or false but the Court is to accept the same as true and if it be false the party must take his remedy by action upon the case And as concerning the matter of the return it will rest upon these parts First whether the return be that he is detained in prison by speciall commandment of our Lord the King be good or not without shewing the nature of the commandment or the cause whereupon the commitment is grounded in the return The second is whether the time of the first commitment by the commandment of the King not appearing to the Court is sufficient to detain him in prison Thirdly whether the imprisonment of the subjects without cause shewed but onely by the commandment of the King be warantable by the laws and statutes of this Realm As unto the first part I find by the books of our law that commandments of the King are of severall natures by some of which the imprisonment of a mans body is utterly unlawfull and by others of them although the imprisonment may be lawfull yet the continuance of him without bail or mainprise will be utterly unlawfull There is a verball command of the King which is by word of mouth of the Kings onely and such commandment by the King by the books of our law will not be sufficient either to imprison a man or to continue him in prison 16.6 Monstrans de faict si upon an action of trespasse brought for cutting of trees the defendant pleadeth that the place where he cut them is parcell of the Manor of D. whereof the King is seised in fee and the King commanded him to cut the trees and the opinion of the Court there is that the plea in barre was ill because he did not shew any speciall commandment of the King and there it is agreed by the whole Court that if the King commandeth one to arrest another and the party commanded did arrest the other an action of trespasse or false imprisonment is maintainable against the party that arrested him although it were done in the presence of the King 39 H. 6.17 where one justifieth the seisure of the goods of a person that is outlawed by the commandment of the King such a party being no Officer may not in an action brought against him have any aid of the King for such a commandment given to one that is not an Officer will not any wayes avail him that is to justifie himself by the return of that commandment 37 Hen. 6.10 If the king give me a thing and I take the same by his commandment by word of mouth it is not justified by law nothing may passe without matter of Record 10 Hen. 7.7 17.18 it is agreed that Justices may command one to arrest another that is in their view or presence but not one that is out of their view or presence And Keble 10 Hen. 7.13 said that where one is arrested by a parroll command in their view or presence it is fitting that a record may be made of it insomuch that without such a record there can hardly be a justification in another Term. Secondly there is a commandment of the King by his Commission which according unto Calvins case in the seventh Report it is called by him breve mandatum non remediabile and by virtue of such a commandment the King may neither seise the goods of his subject nor imprison his body as it is resolved in 42 Ass. pl. 5. where it is agreed by all the justices that a Commission to take a mans goods or imprison his body without indictment or suit of the party or other due processe is against the Law Thirdly there is a commandment of the King which is grounded upon a suggestion made to the King or to his Councell and if a man be committed to prison by such a suggestion by commandment of the King it is unlawfull and not warranted by the Law of the Realm The 25 of Edward the third cap. 4. de Provisoribus whereas it is contained in the great Charter of the Franchises of England that none shall be imprisoned or arrested of his Free-hold or of his Franchises nor of his free customes but by the Law of the land It is awarded consented and established that from henceforth none shall be taken by petition or suggestion made to our Soveraign Lord the King or to his Councell untill it be by indictment or presentment of his good and lawfull neighbours where such deeds are done in due manner or by processe made by writ originall at the common law nor of his free-hold unlesse he be duely brought
who by this Innovation will be much vilified and of small reckoning in the Common-Wealth And unto the Magistrates of this Kingdom who in respect of their offices and place wherein they serve as also the gravity and wisdom of their Persons in publick services and assemblies have used to have precedence before others but now they must give place unto Barronets and their descendants albeit some of them are and many of them in time to come may be mean in birth poor in state and of small worth and desert And unto the whole Communalty whose descendants by their virtues and good fortunes may hereafter attain unto credit and reputation in the Common-Wealth Inconveniences that will arise to his Majestie and the State by reason of this new institution THere will be always dislike envy and heart-burning between the Gentry of the Kingdom and the Barronets The Honour of Knight-hood which was wont to incourage generous mindes unto high exploits will now come in t contempt for be they of never so good prowess and valour they must by this institution be inferior unto Barronets of small worth Knight-hood hath been held a competent reward for forraign and home imployments and now his Majestie must be driven to search new ways for the recompence and satisfaction of such services Gentlemen of Lively-hood and estimation will refrain his Majesties service in publick Assemblies for the Administration of Justice and otherwise because they scorn to give place unto many of the Barronets whom they account their inferiors The reputation of Knight-hood and antiquity of discent hath in former times much advanced the Gentry so quallified in preferment to marriage who are very much prejudiced by this Hereditary Tittle Great Noble men of this Kingdom have been degraded from thein particular dignity for want of means to support their Honours but these Barronets albeit they shall happen to be of no worth either in estate or desert must have precedence before Knights of greater reputation Nothing is more commended then Honour springing out of virtue and desert but to purchase Honour with money as Barronets have done is a temporall symmony and dishonorable to the States The Communalty of the Kingdom ever since the first institution thereof hath consisted of certain degrees known and legall additions without change or alteration may by way of president alter the whole strain of the Common-Wealth His Majestie by his prerogative Royall Creates Barrons Viscounts Earls and many other degrees of Nobillity as other his Ancestors and Predecessors have done but the creation of this or any other in Communalty is not warranted by any former president usage or custom The Examination of ANDREVV Le BRUN a Frenchman Captain of the MARY of ROCHEL taken before ABRAHAM CELMER Merchant Major of the Burrough of PLIMOUTH 16 May 1628. THe examinate saith that one Sunday being the 17 of April last past he departed from Plimouth harbor in company with the English Fleet whereof the Earl of Denbigh is General and one the first day of May then following the said Fleet arrived and came at Anchor at Charleboy in the rode of Rochell about 4 of the clock in the afternoone where at the said arriuall they found 20 sail of the King of France his ships whereof six were ships of about 300 Tuns and the rest were smaller ships and forthwith the said French ships put themselves to sail and went in nearer to the Fortifications where they also Anchored within two cannon shot of the English Fleet And saith that one of his Majestie ships shot off one peece of Ordinance and no more and the said French ships as they returned from the English Fleet shot off oftentimes to them and that the same Fleet remained there untill the 8 day of the same month of May in which time there was a Wherry sent from the fleet into Rochell wherein there were two English and one French man to inquire the State of the said Town and that if they were there safe arrived they should make a fire upon one of the Towers of the Town to give notice thereof which accordingly they did and also to make so many fires more one the Walls of the said Town as they have moneths victualls there but they made not any answer thereof Whence it was collected that they had but a small quantity of victualls and said that the said English as he hath heard promised to sink the said French ships when the waters did increase and the winde came at West North-West it being then neap tides and about two days after the water did increase and the windes came accordingly and being then intreated to fight with them yet did not but came away without fighting or releiving the Town and saith that one the 8 day of May the said English Fleet weighed Anchor and set sail to depart and 4 of the French great ships weighed Anchor also and came after them and shot divers times at the said Fleet and the said Fleet shot at them again and the said examinate came in company with the said Fleet as far as Bell Isle where he departed from them one the 10 of this instant and lastly saith that during all the time the English Fleet was there the Town of Rochel shot to the King of France his ships and Fort but chiefly upon the arrival of the said Fleet there Articles wherewith MELVINE is charged 1. MR. Melvine 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 Fott would War against the cominalty and that Scotland should assist him so that when War was amongst our selves the Enemy should come in for this Kingdom is already sould to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Iesuites Scotish men 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 Ordinance were shipt at S. Martins the Duke caused the Souldiers to go one that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his bloud and Marquess Hambletons with others cries out for vengeance to Heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poysoned by Sir Thomas Overbury and he himself served with the same sawce and that the Earl of Sommerset could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence A Privy Seal for the transporting of Horses 30 January 3. CAROLI CHarles by the grace of God King of England Scotland France and Ireland defendor of the faith c. To the Treasurer and under Treasurer of our Exchequer for the time being greeting We do
doth Dissolve this Parliament wherefore you have all free leave to depart to your Residences c. His MAIESTIES Letter with Queres concerning Ship-money and the Answer thereunto To Our trustie and welbeloved Sir Iohn Bramston Knight Chief Justices of our Bench Sir Iohn Finch Knight Chief Justice of our Court of Common-pleas Sir Humphrey Davenport Knight Chief Baron of Our Court of Exchequer and to the rest of the Judges of Our Courts of Kings Bench Common-pleas and the Barons of our Court of Exchequer CHARLES R. TRustie and welbeloved We greet you well Taking into Our Princely consideration that the Honor and Safetie of this our Realm of England the preservation whereof is onely intrusted to Our care was and is now more dearly concerned than in late former times as well by diverse Counsels and attempts to take from Us the Dominion of the Seas of which We are sole Lord and rightfull Owner or Propriator and the loss whereof would be of greatest danger and peril to this Kingdom and other our Dominions and many other wayes We for the avoiding of these and the like dangers well weighing with Our self that where the good and safety of the Kingdom in general is concerned and the whole Kingdom in danger there the charge and defence ought to be born by all the Realm in general did for preventing so publick a mischief resolve with Our self to have a Royal Navie provided that might be of force and power with Almightie Gods blessing and assistance to protect and defend this our Realm and our Subjects therein from all such perils and dangers and for that purpose We issued forth Writs under Our Great Seal of England directed to all Our Sheriffs of Our several Counties of England and Wales Commanding thereby all Our said Subjects in every Citie Town and Village to provide such a number of Ships well furnished as might serve for this Royal purpose and which might be done with the greatest equallitie that could be In performance whereof though generally throughout all the Counties of this Our Realm We have found in Our Subjects great chearfulness and alacritie which We graciously interpret as a testimonie as well of their dutifull affections to Us and Our service as of the respest they have to the publick which well becometh every good Subject nevertheless finding that some few happily out of ignorance what the Laws and Customs of this Realm are or out of a desire to be eased and freed in their particulars how general soever the charge be or ought to be have not yet paid and contributed the several Rates and Assesments that were set upon them foreseeing in our Princely wisdom that from hence diverse Suits and Actions are not unlikely to be commenced and prosecuted in Our several Courts at Westminster We desireous to avoid such inconveniences and out of Our Princely love and affection to all our people being willing to prevent such errors as any of Our loving Subjects may happen to run into have thought fit in a Case of this nature to advise with you Our Iudges who we doubt not are all well studied and informed in the rights of Our Sovereigntie And because the Trials in Our several Courts by the formalities in pleading will require a long protraction We have thought fit by this Letter directed to you all to require your Iudgements in the Case as it is set down in the inclosed Paper which will not onely gain time but also be of more Authoritie to over-rule any prejudicate opinions of others in the point Given under Our Signet at Our Court of White-hall the Second day of Febr. in the Twelfth Year of our Reign 1636. CHARLES R. WHen the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Whether may not the KING by Writ under the Great Seal of England Command all the Subjects of this Kingdom at their charge to provide and furnish such number of Ships with Men Victuals and Munition and for such time as he shall think fit for the defence and safeguard of the Kingdom from such danger and peril and by Law compel the doing thereof in case of refusal or refractoriness And whether in such case is not the KING the sole Judge both of the danger and when and how the same is to be prevented and avoided CHARLES REX Answer MAy it please Your most excellent Majestie We have according to Your Majesties Command severally every man by himself and all of us together taken into serious consideration the Case and Questions signed by your Majestie and inclosed in your Royal Letter and we are of opinion that when the good and safetie of the Kingdom in general is concerned and the whole Kingdom in danger Your Majestie may by Writ under the Great Seal of England Command all the Subjects of this Your Kingdom at their charge to provide and furnish such number of Ships with Men Victual and Munition and for such time as Your Majestie shall think fit for the defence and safeguard of the Kingdom from such danger and peril and that by Law Your Majestie may compel the doing thereof in Case of refusal or refractoriness And we are also of opinion That in such Case Your Majestie is the sole Iudge both of the danger and when and how the same is to be prevented and avoided John Bramston John Finch Humfrey Davenport John Denham Richard Hutton William Jones George Crook Thomas Trevor George Vernon Robert Barkley Francis Crawley Richard Weston FINIS
judging of a Parliament to be the antient speediest best way in this time of common Danger to give such supply as to secure our selves and to save our Friends from imminent ruine have called you together Every man must do according to his conscience Wherefore if you which God forbid should not doe your duties in contributing what the State at this time needs I must in discharge of my conscience use those other meanes which God hath put into my hands to save that which the follies of particular men may hazard to loose Take not this as a threatning for I scorn to threaten any but my equals but an admonition from him that both out of nature and dutie have most care of your preservations and prosperities and though I thus speak I hope that your endeavours at this time will be such as shall not onely make me approve your former Counsels but lay on me such obligations as shall binde me by way of thankfulness to meet often for be assured that nothing can be more pleasing to me then to keep a good correspondence with you I will onely adde one thing more and then leave my Lord Keeper to make a short paraphrase upon the Text I have delivered you which is to remember a thing to the end we may forget it You may imagine that I came here with a doubt of success of what I desire remembring the distractions at the last meeting but I assure you that I shall very easily and gladly forget and forgive what is past so that you will at this present time leave the former waies of distractions and follow the counsell late given you to maintain the unity of the Spirit in the bond of Peace The Lord Keeper Coventry's Speech 17. March 1627. My Lords and you the Knights Citizens and Burgesses of the House of Commons IF I had been delighted in long speaking yet the example and commandment of his Majestie hath been more then enough to refraine the superfluitie of that humour but here is yet more For that short and excellent compacted Speech which you have heard from his Majestie begins with a reason It is a time for action and not for speech Examples and Command master the VVill and Reason the Understanding and therefore you may expect nothing from me but brevity You have heard the matter already and I doubt not but with reverence as the weight and authority requires you have imprinted it in your mindes and the matter being known long speeches from me were but babling to beat the aire Yee are here in Parliament by his Majesties writ and royall command to consult and conclude of the weightie and urgent businesse of this Kingdome VVeighty it is and great as great as the honour safety and protection of Religion King and Country and what can be greater Urgent it is It is little pleasure to tell or think how urgent and to tell it with circumstances were a long work I will but touch the summe of it in few words The Pope and House of Austria have long affected the one a Spiritual the other a Temporal Monarchie and to effect their ends to serve each others turn the House of Austria besides the rich and vast Territories of both the Indies and in Africa joined together are become Masters of Spain and Italy and the great country of Germany And although France be not under their subjection yet they have endeavoured all about him the very bowells of the Kingdome swaied by the Popish faction they have gotten such a part and such interest in the Government that under pretence of Religion to root out the Protestants and our Religion they have drawn the King to their adherence so farre that albeit upon his Majesties interposition by his Ambassadours and his engagement of his royall word there was between the King and his Subjects Articles of agreement and the Subjects were quiet whereby his Majestie interessed in that great Treaty was bound to see a true accomplishment yet against that strict alliance that Treaty hath been broken and those of the Religion have been put to all extremity and undoubtedly will be ruinated without present help so as that King is not onely diverted from assisting the common Cause but hath been misled to engage himself in hostile acts against our King or other Princes making way thereby for the House of Austria to the ruine of his own and other Kingdomes Other Potentates that in former times did ballance and interrupt the growing greatnesse of the House of Austria are now removed and diverted The Turk hath made peace with the Emperour and turned himself wholly into warrs with Asia the King of Sweden is embroiled in a warre with Poland which is invented by Spanish practices to keep that King from succouring our part the King of Denmark is chased out of his Kingdome on this and on that side the Sound so as the house of Austria is on the point to command all the Sea-coasts from Danâ—zick to Emden and all the Rivers falling into the Sea in that great extent so as besides their power by Land they beginne to threaten our part by Sea to the subversion of all our State In the Baltique Sea they are providing and arming all the ships they can build or hire and have at this time their Ambassadours threatning at Lubeck to draw into their service the Hans-Townes whereby taking from us and our neighbours the East-land trade by which our Shipping is supplied they expect without any blow given to make themselves masters of the Sea In those Western parts by the Dunkerkers and by the now French and Spanish Admirall to the ruine of Fishing of infinite consequence both to us and the Low Countries they infest all our coast so as wee passe not safely from port to port And that Fleet which lately assisted the French at the Isle of Ree is now preparing at St. Andrea with other ships built in the coast of Biscai to re-inforce it and a greater Fleet is making ready at Lisbon where besides their own they do serve themselves upon all strangers bottoms coming to that coast for trade And these great preparations are no doubt to assault us in England or Ireland as they shall finde advantage and a place fit for their turn Our friends of the Netherlands besides the feare that justly troubles them lest the whole force of the Emperour may fall down upon them are distracted by their Voyages into the East which hath carried both men and money into another world and almost divided them at home Thus are we even ready on all sides to be swallowed up the Emperour France and Spain being in open warr against us Germany over-run the King of Denmark distressed the King of Sweden diverted and the Low-Countrey-men disabled to give us assistance I speak not this to increase fear unworthy of English courages but to presse to provision worthy the wisdome of a Parliament And for that cause his Majestie hath called you
till his pleasure be first known Thus did the Lord Chief Justice Coke in Raynards Case They say this would have been done if the King had not written but why then was the Letter read and published and kept and why was the Town Clark sent carefully to enquire because the Letter so directed whether these men offered for bayl were subsedy men the Letter sheweth also that Beckwith was committed for suspition of being acquainted with the Gun-Pouder-Treason but no proof being produced the King left him to be bayled The Earle of WARVVICKS speech 21. April 1628. MY Lords I will observe something out of the Law wherein this liberty of the Subjects Person is founded and some things out of Presidents which have been alleadged For the Law of Magna Charta and the rest concerning these points they are acknowledged by all to be of force and that they were to secure the Subjects from wrongfnll imprisonment as well or rather more concerning the King then the Subject why then besides the grand Charter and those 6. other Acts of Parliament in the very point we know that Magna Charta hath been at least 30. times confirmed so that upon the matter we have 6. or 7. and thereby Acts of Parliament to confirm this liberty although it was made a matter of derision the other day in this House One is that of 36. E. 3. No. 9. and another in the same year No. 20. not printed but yet as good as those that are and that of 42. E. 3. cap. 3. so express in the point especially the Petition of the Commons that year which was read by M r. Littleton with the Kings answer so full and free from all exception to which I refer your Lordships that I know not have any thing in the World can be more plain and therefore if in Parliament ye should make any doubt of that which is so fully confirmed in Parliament and in case so clear go about by new glosses to alter the old and good Law we shall not onely forsake the steps of our Ancestors who in Cases of small importance would answer nolumus mutare leges Angliae but we shall yield up and betray our right in the greatest inheritance the Subjects of England hath and that is the Laws of England and truely I wonder how any man can admit of such a gloss upon the plain Text as should overthrow the force of the Law for whereas the Law of Magna Charta is that no Free-man shall be imprisoned but by lawfull judgement of his Peers or the Law of the Land the King hath power to commit without Cause which is a sence not onely expresly contrary to other Acts of Parliament and those especially formerly cited but against Common sence For Mr. Attorney confesseth this Law concerns the King why then where the Law saith the King shall not commit but by the Law of the Land the meaning must be as M r. Attorney would have it that the King must not commit but at his own pleasure and shall we think that our Ancestors were so foolish to hazard their Persons Estates and labour so much to get a Law and to have it 30. times confirmed that the King might not commit his Subjects but at his own pleasure and if he did commit any of his Subjects without a Cause shewen then he must lie during pleasure then which nothing can be imagined more ridiculous and contrary to true reason For the Presidents I observe that there hath been many shewen by which it appears to me evidently that such as have been committed by the Kings Councel they have been delivered upon Habeas Corpus and that constantly It is true that some Presidents were brought on the Kings part that when some of these persons desired to be delivered by Habeas Corpus the King or his Councel signified his Majesties pleasure that they should be delivered or the Kings Attorney hath come into the Court and related the Kings Command but this seems to make for the Subject For that being in his Majesties power to deliver them who by his special Command were imprisoned May not we well think that his Majesty would rather at that time have stayed their deliverance by Law then furthered it with his Letters and made the Prisoners rather beholding to him for his grace and mercy then to the Judges for Justice had not his Majesty known that at that time they ought to have been delivered by Law I think no man would imagine a wise King would have suffered his Grace and Prerogative if any such Prerogative were to be so continually questioned and his Majesty and his Councel so far from commanding the Judges not to proceed to deliver the Prisoner by them committed without Cause shewn as that on the other side which is all the force of these Presidents the King and the Councel signified to the Judges that they should proceed to deliver the parties certainly if the King had challenged any such Prerogative that a Person committed without any cause shewn ought not to be delivered by the Judges without his consent it would have appeared by one President or other amonst all that have been produced that his Majesty would have made some claim to such a Prerogative But it appears to the contrary that in many of these cases the King or his Councel did never interpose and where they did it was alwayes in affirmation and incouragement to that Court to proceed And besides the writing of Letters from his Majesty to the Judges to do Justice to his Majesties Subjects may with as good reason be interpreted that without those Letters they might not do Justice also the King signified his willingness that such such Persons which were committed by him should be delivered therefore they could not be delivered without it which is a strange reason So that findeing the Laws so full so many and so plain in the point and findeing that when ever any were committed without cause shewn brought their Habeas Corpus they were delivered and no Command ever given to the contrary or claim made on the Kings part to any such Prerogative I may safely conclude as the House of Commons have done and if any one President or two of late can be shewn that the Judges have not delivered the Prisoners so committed I think it is their fault and to be enquired of but contrary it seems to me to be an undoubted Liberty of the Subject that if he be committed without cause or without cause shewn yet he may have some speedy course to bring himself to Trial either to justifie his own innocencie or to receive punishment according to his fault for God forbid that an innocent man by the Laws of England should be put in worse case then the most grievous Malefactors are which must needs be if this should be that if a cause be shewed he may have his Trial but if none he must lie and pine in Prison during pleasure
Mr. Serjeant Ashley the other day told your Lordships of the Embleme of a King but by his leave made wrong use of it For a King bears in one hand the Globe and in the other the golden Scepter the tipes of Soveraignty and mercie but the Sword of Justice is ever carried before him by a Minister of Justice which shews Subjects may have their remedies for unjustice done and appeals done to higher powers for the Laws of England are so favourable to their Princes as they can do no unjustice Therefore I will conclude as all disputes I hold do Magna est veritas praevalebit so I make no doubt we living under so good a Prince as we do when this is represented unto him he will answer us Magna est Carta praevalebit The ARCH-BISHOPS of CANTERBURIES Speech at the Conference of both Houses 25. April 1628. GEntlemen of the House of Commons the service of the King and safety of the Kingdom do call on us my Lords to give all convenient expedition to dispatch some of those great and weighty businesses for the better effecting whereof my Lords have thought fit to let you know that they do in general agree with you and doubt not but you will agree with us to the best of your power to maintain and support the fundamental Laws of the Kingdom and the fundamental Liberties of the Subject for the particulers which may hereafter fall in debate they have given me in charge to let you know that what hath been presented by you to their Lordships they have laid nothing of it by they are not out of love with any thing you have tendered to them they have voted nothing neither are they in love with any thing proceeding from themselves for that which we shall say and propose unto you is out of an intendment to invite you to a mutual and free conference that you with confidence may come to us and we with confidence may speak to you so that we may come to a conclusion of those things which we both unanimously desire we have resolved of nothing defined or determined nothing but desire to take you with us praying help of you as you have done of us My Lords have thought upon some Propositions which they have ordered to be read here and then left with you in writing that if it seem good to you we may uniformly concur for the substance and if you differ that you may be pleased to put out or add or alter or diminish as you shall think fit that so we the better come to the end that we do both so desireously embrace Then the 5. Propositions were read by the Lord BISHOP of NORVVHICH The 5. Propositions 25. April 1628. 1. THat his Majesty would be pleased gratiously to declare that the good old Law called Magna Charta and the 6. Statutes conceived to be Declarations or Explanations of that Law do stand still in Force to all intents and purposes 2. That his Majesty would be pleased gratiously to declare that according to Magna Charta and the Statutes aforesaid as also according to the most ancient Customes and Laws of this Land every free Subject of this Realm hath a fundamental propriety in his goods and a fundamental Liberty of his Person 3. That his Majesty would be pleased gratiously to declare that it is his Royal pleasure to ratifie and confirm unto all and every his faithfull and Loyal Subjects all their antient several just Liberties Priviledges and Rights in as ample and beneficial manner to all intents and purposes as their Ancestors did enjoy the same under the Government of the best of his most Noble Progenitors 4. That his Majesty would be pleased gratiously to declare for the good contentment of his Loyal Subjects and for the secureing them from future fears that in all causes within the Cognizance of the Common-Law and concerning the Liberty of his Subjects his Majesty would proceed according to the Laws established in the Kingdom and in no other manner or wise 5. And as touching his Majesties Royal Prerogative intrincical to his Soveraignty and intrusted him from God ad communem totius populi salutem non ad destructionem his Majesty would resolve not to use or divert the same to the prejudice of any his loyal People in the propriety of their goods and liberty of their Persons And in case for the security of his Majesties Royal Person the Common safety of his People or the peaceable Government of his Kingdom his Majesty shall finde just cause of State to imprison or restrain any mans Person his Majesty would gratiously declare that within a convenient time he shall and will express the cause of his commitment or restraint either general or special and upon a cause so expressed will leave him immediatly to be tried according to the Common Justice of the Kingdom Then S r. DUDLEY DIGGS in the behalf of the Commons saith MY Lords it hath pleased Almighty God many wayes to bless the Knights Cittizens and Burgesses now assembled in Parliamen with great comforts and strong hopes that this will prove as happy a Parliament as ever was in England and in their Consultations for the service of his Majesty and the safety of this Kingdom one especial comfort and strong hope hath risen from the continued good respects which your Lordships so nobly from time to time have been pleased to shew unto them particulerly at this present in your so Honourable profession to agree with them in general in desire to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like fort they have been are and will be as ready to propugne the just Prerogatives of his Majesty of which in all their Arguments searches of Records and resolutions they have been most carefull according to that which formerly was and now again is protested by them Another Noble Argument of your Honourable disposition towards them is exprest in this that you are pleased to expect no present answer from them who are as your Lordships in your general wisdoms they doubt not have considered a great body that must advise upon all new Propositions and resolve upon them before they can give answer according to the ancient usage of our House but is manifest in general God be thanked for it there is a great concurrence of affection to the same end in both Houses and such a good Harmony that I intreat your Lordships leave to borrow a comparison from nature or natural Philosophy as two Lutes well strung and tun'd brought together if one be plaid on little straws or sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and proposed cannot but work in our hearts and we will faithfully report these passages to our House from whence in due time we hope your Lordships shall receive a contentfull Answer S r. BENJAMIN RUDDIERDS Speech 28.
and free Customes of the Realm from your Majestie or your privy Councel And where also by the Statute called the great Charter of the Liberties of England It is declared and enacted That no Freeman may be taken nor imprisoned nor be disseised of his Freehold nor Liberties nor his free Customes nor be outlawed or exiled or in any manner destroyed but by the Lawfull judgement of his Peers or by the Law of the Land And in the 28. year of the Raign of King Edw. 3. it was declared and enacted by Authority of Parliament that no man of what Estate or condition he be shall put out of his Land or Tenement nor taken nor imprisoned nor disinherited nor put to death without being brought to answer by due process of Law Nevertheless against the Tenour of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties Writ of Habeas Corpus there to undergo and receive as the Court should order and the Keepers commanded to certefie the causes of their detainer no cause was certified but that they were detained by your Majesties special command signified by the Lords of your privy Councel and yet were returned back to several Prisons without being charged with any thing the which they might make answer to and to Law And whereas of late great Companies of Souldiers and Marriners have been dispersed into divers Countreys of the Realm and the Inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourn against the Laws and Customes of this Realm and to the great grievance and vexation of the people And whereas also by Authority of Parliament in the 25. E. 3. it is declared and enacted that no man shall be fore-judged of Life or Limb against the form of the great Charter and the Law of the Land and by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm Nevertheless of late times divers Commissions under your Majesties great Seal have issued forth by which certain Persons have been assigned and appointed Commissioners with power and Authority to proceed within the Land according to the Justice of Martial Law against such Souldiers or Marriners or other dissolute Persons joyning with them as should commit any Murther Robbery Fellony Mutiny or other outrage or misdemeanour whatsoever and by such summary course and order as is agreeable to Martial Law and is used in Armies in time of War to proceed to the trial and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by none other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming and exemption have escaped the punishment due to them by the Laws and Statutes of this your Realm By reason whereof divers of your Officers and Ministers of Justice have unjustly refused or forbore to proceed against such offenders according to the same Laws and Statutes upon pretence that the said offenders were punishable onely by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty that no man hereafter be compelled to make or yield any Guift Loan Benevolence Tax or such like charge without common consent by Act of Parliament And that none be called to make answer or to take such an Oath or to give attendance or to be confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman may man such manner as is before mentioned be imprisoned or detained And that your Majesty would be pleased to remove the said Souldiers and Marriners and that your people may not be so burthened in time to come And that the aforesaid Commissions for proceeding by Martial Law may be revoked annulled and that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid least by colour of them any your Majesties Subjects be destroyed and put to death contrarie to the Laws and Franchises of the Land All which they most humbly pray of your most Excellent Majestie as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majestie would also vouchsafe to declare that the Awards doings and proceedings to the prejudice of your people in any the premises shall not be drawn hereafter into consequence or example And that your Majestie would be pleased gratiously for the further comfort and safety of your people to declare your Royal will and pleasure that in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honour of your Majestie and the prosperity of this Kingdom S r. BENJAMIN RUDDIERDS Speech Mr. Pym I Did not think to have spoken again to this Bill because I was willing to believe that the forwardness of this Committee would have prevented me but now I hold my self bound to speak and to speak in earnest In the first year of the King and the second convention I first moved for the increase and inlarging of poor Ministers liings I shewed how necessarie it was that it had been neglected this was also commended to the House by his Majestie there were as now many accusations on foot against scandalous Ministers I was bolde to tell the House that there were scandalous livings which were much the cause of the other livings of 5. Marks of 5. l. a year that men of worth and of parts would not be musled up to such pittances that there were some places in England which were scarce in Christendom where God was little better known then amongst the Indians I exampled it in the utmost skirts of the North where the prayers of the common people are more like Spells and Charms then devotions the same blindeness and ignorance is in divers parts of Wales which many of that Countrey doth both know and lament I declared also that to plant good Ministers was the strongest and surest means to establish true Religion that it would prevail more against Papistry then the making of new Laws or executing of old that it would counterwork Court Conivence and Luke-warm accommodation that though the calling of Ministers be never
means left of refuge or defence for if we have these Enemies at home how can we strive with those that are abroad If we be free from these no other can impeach us our antient English virtue that old Sparton valour cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficency of Generals Incorruption of Officers opulency in the King Liberty in the People repletion in Treasures restitution of Provisions reparation of Ships preservation of Men. Our Antient English virtue thus rectefied I say will secure us and unless there be a speedy reformation in these I know not what hopes or expectations we may have These things Sir I shall desire to have taken into consideration That as we are the great Councel of the Kingdom and have the apprehension of these dangers we may truely represent them unto the King wherein I conceive we are bound by a treble Obligation of duty unto God of duty to his Majesty and of duty to our Countrey And therefore I wish it may so stand with the wisdom and Judgement of the House that they may be drawn into the body of a Remonstrance and therein all humbly expressed with a prayer unto his Majesty for the safety of himself and for the safetie of the Kingdom and for the safety of Religion That he will be pleased to give us time to make perfect inquisition thereof or to take them into his own wisdom and there give them such timely reformation as the necessity of the cause and his Justice doth import And thus Sr. with a large affection and Loyalty to his Majesty and with a firm duty and service to my Countrey I have suddenly and it may be with some disorder expressed the weak apprehension I have wherein if I have erred I humbly crave your Pardon and so submit to the censure of the House A Report from the COMMITTEE for Trade 4. June 1628. IN all other parts of Christendom there is great care with much cost to raise Forts and walled Towns onely for defence in time of War and great charge to make Engines and Weapons to offend the Enemy of little or no use in time of Peace Whereas in England the Rampires the Bulwarks and Ships and those also for offence of the Enemy our best Weapons are Engines And this also in time of Peace best instruments of our Wealth even as usefull as the Plough or Cart. But our shipping and our strength of Marriners within these three years is much decayed in general But the decay of Trade through disturbance of the Merchant by new Impositions and troubles for want of a certain and well established book of Rate and Bill of Tonnage and Poundage used heretofore to be given for guarding of the Seas By reason that the Seas are not guarded so That our Coasts are infested Our Fishermen driven from their Trade And all our Coasting smaller shipping so disturbed or taken that in all parts of the Kingdom Sea-faring men give over and the Seas are forsaken More particularly THat of our shipping of countenance of 100. Tuns or upwards in the last three years there have been decayed cast away and taken by the Enemy between Dover and New-Castle 248. great ships and with them proportionable number of Marriners besides great and inestimable losses in less Vessels The causes whereof are diverse disorders in the late mannaging of Sea Affairs before the imployment of Ships and Men in his Majesties service FIrst By pressing and taking up Merchants ships laden and bound out upon Voyages Secondly By too frequent and general imbarques of shipping Thirdly By taking out of ships unseasonably and and unreasonable numbers their best men so forcing them ill Mann'd to Winter Voyages c. Fourthly By giving too little allowance of Wages and 2. shill. per Tun for Fraight of ships so taken being but half that which Marchants allow Fifthly By faults of inferior Ministers men and ships discharged after presses or imbarques are put to such charge that all decline not onely the service but the Trade of fishing and Sea-fareing Those that are really prest come far from the West or the North to Chatham early in the year and so with few Cloaths at the end of the Summer nasty and weak infect themselves and others And in the imployment FIrst Are Commanders weak young ignorant Captains c. Secondly Are not provided of good Chirurgeons and extraordinaries necessary for sick men Thirdly Both ships and men contrary to the wisdom of former times are set out in Winter Voyages long and dark nights and in our Northern Seas upon our dangerous Coasts which have consumed a World of our Marriners and discouraged others After the imployment FIrst If the Marriners come home sick no Hospitals or Guest-Houses as in other Countreys to relieve them Secondly If after all their miseries they return well they are forced to sue for their due Wages till all they have is spent Opportunity of new imployment is lost and themselves so discouraged or put out of heart that they either run away to the Enemy or put themselves in forraign service or betake themselves to any thing rather then the Sea life And those whose ships have been taken up 36. Moneths some 30. some 20. some more some less still complain they are not paid the small fraight of 2. shill. per Tun at first promised By this means they have neither Money nor will to repair their ships and none build new almost in any part by reason of their discouragements and those that do build take care to build them unserviceable to avoid pressing or taking up The Remedies proposed in general FIrst That the State would be pleased to give all possible countenance and comfort to all sorts of Merchants and Fishermen both by better guarding of the Seas by settling of the Book of Rates and Customes and duties and by orderly regulating the many affairs according to the wisdom of former times imploying of skilfull and experienced men and more particulerly in allowing the old 5. shill. per Tun to all such as shall build new serviceable ships of 150. Tuns or upwards upon a Certificate made before the Judge of the Admiralty to be duly paid by some Collectors of the Customes without further trouble Secondly To increase the fraight from 2. shill. to 3. shill. per Tun and Tonnage to agree of the measure of Tonnage before the ships go into service that upon return speedy payment may be made by some setled and published assignment Thirdly That all arrearages due to owners of ships and Marriners that have served may be paid out of the subsedies and that a certain course of payment for the future may be established and published His Majesties Message to the House of Commons by the SPEAKER 6. June 1628. WHereas his Majesty understanding that you did conceive his last Message to restrain you in your just Priviledges These are to declare his intention that he had