touching this point The King saith he and the Subject hath two liberties Two Mannors joyning one upon another the King is informed the Subject hath intruded upon him but upon triall it appeareth not to be so were it fitting think you that the Subject should give security that he should not incroach or intrude on that Mannor of his because the King had been informed he did so I think you will be of another minde wherefore I am commanded seeing we cannot admit of this addition to desire your Lordships to joyn with us in the Petition which being granted and the hearts of the King and people knit togeather I doubt not but his Majestie will be safe at home and feared abroad Sir HENRY MARTINS Speech MY Lords the work of this day wherein the House of Commons hath implyed the Gentleman that spake last and my self was to reply to the answer which it hath pleased the Lord Keeper to make to those reasons which we had offered to your Lordships consideration in justification of our refusall not to admit into our Petition the addition commended by your Lordships which reasons of ours since they have not given such satisfaction as we desired and well hoped as by the Lord Keepers answer appeared It was thought fit for our better order and method in replying to divide the Lord Keepers answer into two parts a Leagall and a Rationall The reply to the leagall your Lordships have heard my self comes intrusted to reply to the rational which also consisted of two branches the first deduced from the whole context of the additional clause the second inforced out of some part In the first were these reasons that the same deserved our acceptance First as satisfactory to the King Secondly to your Lordships Thirdly agreeable to what our selves had often protested and professed expresly by the mouth of our Speaker I must confess these motives were weighty and of great force and therefore to avoid misunderstanding and misconceit which otherwise might be taken against the House of Commons upon refusall of the propounded addition It is necessary to State the question rightly and to set down the true difference between your Lordships and us Now indeed there is no difference or question between your Lordships and us concerning this additional clause in the nature and quality of a proposition For so considered we say it is most true and to be received and imbraced by us In toto qualibet parte qualibet syllaba yea and were that the question we should add to this addition and instead of due regard say we have had have and ever will have a special and singular regard where to leave entire Sovereign power were to intimate as if we had first cropt it and then left it but our regard was to acknowledge and confess it sincerely and to maintain it constantly even to the hazard of our goods and lives if need be To which purpose your Lordships may be pleased to remember that strict oath every Member of our House hath taken this very session in these words I A. B. do utterly testifie and declare in my Conscience that the Kings highness is the Supreme or Sovereign Governour of this Realm in all Causes c. and to my utmost power will assist and defend all Iurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Kings Highness or united or annexed to the Imperial Crown of this Realm c. So that your Lordships need not to borrow from our protestations any exhortations to us to entertain a writing in assistance of the Kings Sovereign power since we stand obliged by the most Sacred bond of a solemn Oath to assist and defend the same if cause or occasion so required So that the onely question between your Lordships and us is whether this clause should be added to our Petition and received into it as part thereof which to do your Lordships reasons have not perswaded us because so to admit it were to overthrow the fabrick and substance of our Petition of Right and to annihilate the Right pretended by us and the Petition it felf in effect For these words being added to our Petition viz we humbly present this Petition c. with due regard to leave intire your Sovereign power c. do include manifestly an exception to our Petition and an exception being of the nature of the thing whereunto it is an exception Exceptio est de regula must of necessity destroy the rule or Petition so far as to the Case excepted Exceptio firmat regulam in Casibus non exceptis in Casibus exceptis distruit Regulam Then this construction followeth upon our Petition thus inlarged that after we have Petitioned That no Freeman should be compelled by imprisonment to lend or contribute money to his Majestie without his assent in Parliament nor receive against his will Souldiers into his house or undergo a commission of Martiall Law for life or Member in time of peace We should add except his Majestie be pleased to require our monies and imprison us for not lending and send Souldiers into our houses and execute us by Martiall Law in time of peace by virtue of his Soveraign power Which construction as it followeth necessarily upon this inlargment so it concludeth against our Right in the premisses and utterly frustrateth all our Petition neither may it seem strange if this clause additionall which of it self in quallity of a proposition we confess being added to our Petition which also is true should overthrow the very frame and fabrick of it seeing the Logicians take knowledge of such a Fallacy called by them Fallacia à bene divisis ad male conjuncta Horace the Poet giveth an instance to this purpose in a painter who when he had painted the head of a Man according to Art would then joyn to it the neck of a horse and so marr the one and the other whereas each by it self might have been a peice of right good workmanship The second branch of my Lordkeepers rationall parte was enforced out of the last words of this addition by which his Lordship said that they did not leave intire all Soveraign power but that wherewith his Majestie is trusted for the protection safety and happiness of the people as if his Lordship would infer that Soveraign power wherewith c. in this place to be terminum diminuentem â— term of diminution or quallification and in that consideration might induce us to accept it but under his Lordships correction we cannot so interpret it For first we are assured that there is no Sovereign power wherewith his Majestie is trusted either by God or Man but onely that which is for the protection safety and happiness of his people and therefore that limitation can make no impression upon us but we conceive it rather in this place to have the force termini adaâ—gentis to be a term of important advantage against our Petition a term of restriction and that
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
give speedy command for the present putting in practice those Laws that prohibite all Popish Recusants to come to the Court or within ten miles of the City of London as also those Law that confine them to the distance of five miles from their dwelling houses and that such by-past licenses not warranted by law as have been granted unto them for their repair to the city of London may be discharged and annulled 4. That whereas it is more then probably conceived that infinite summes of money have within these two or three yeares last past been exacted out of the Recusants within the Kingdome by colour of Composition and small proportion of the same returned into your Majesties Coffers not onely to the suddain inriching of private persons but also to the imboldning of the Romish Recusants to entertain Massing Priests into their private houses and to exercise all the mimick Rites of their grosse Superstition without fear of controll amounting as by their daily practice and ostentation we may conceive to the nature of a concealed Toleration your Majesty would be graciously pleased to receive this particular more nearly into your Princely wisdome and consideration to dissolve this Mystery of Iniquity patch't up of colourable Licenses Contracts or Preconveyances being but masks on the one part of fraud to deceive your Majesty and stales on the other side for private men to accomplish their corrupt ends 5. That as the persons of Ambassadours from forraigne Princes their houses be free for exercise of their own Religion so their houses may not be made free Chappell 's and Sanctuaries for your Majesties Subjects Popishly affected to heare Masse and to participate in all other Rites and Ceremonies of that Superstition to the great offence of almighty God and scandall of your Majesties people loyally and religiously affected That either the concourse of Recusants to such places may be restrained or at least such a vigilant watch set upon them at their returne from those places as they may be apprehended and severely proceeded withall ut qui palaâ— in luce peccant in luce puniantur 6. That no place of authority or command within any the Counties of this your Majesties Kingdome or in any ships of your Majesties or which shall be imployed in your service be committed to Popish Recusants or to Non-communicants by the space of a year past or to any such persons as according to direction of former Acts of State are justly to be suspected as the place and authority of Lords Lieutenants Deputy Lieutenants Justices of Peace of Captains or other Officers or Ministers mentioned in the Statute made in the third year of the reign of your Father of blessed memory and that such as by connivance have crept into such places may by your Majesties royall Command be discharged of the same 7. That all your Majesties Justices Judges and Ministers of Justice unto whose care and trust Execution which is the life of your Majesties Laws is committed may by your Majesties Proclamation not only be commanded to put in speedy execution those Laws that stand in force against Jesuits Priests Seminaries and Popish Recusants but that your Majesty would be further pleased to command the said Judges and Justices of Assize to give a true and strict accompt of their proceedings at their return out of their Circuits to the Lord Keeper and by the Lord Keeper to be presented to your Majesty 8 And for a fair and clear eradication of all Popery for the future and for the breeding and nursing up of an holy generation and a peculiar people sanctified to the true worship of almighty God That untill a provisionall Law may be made for the trayning and educating of the Children of Popish Recusants in the grounds and principles of our holy Religion which we conceive will be of more power and force to unite your people unto your Majesty in fastnesse of Love Religion and loyall Obedience then all pecuniary mulcts and penalties that can possibly be devised your Majesty will be pleased to take it into your Princely care and consideration These our humble Petitions proceeding from hearts and affections loyally and religiously devoted to God and your Majesties service and to the safety of your Majesties Sacred Person we most zealously present to your Princely Wisdome craving your Majesties chearful and gracious approbation The King's Answer to the Petition against Recusants March 31. 1628. My Lords and Gentlemen I Do very well approve the method of your proceeding à Jove principium hoping that the rest of your Consultations will succeed the happier And I like the preamble of my Lord Keeper otherwise I should a little have suspected that you thought me not so carefull of Religion as I have been and ever shall be wherein I am as forward as you can desire As for the Petition I answere first in generall that I like it well and will use those as well as all other means for the maintenance and propagation of that Religion wherein I have lived and doe resolve to die But for the particulars you shall receive a more full answer hereafter And now I will only add this that as we pray to God to help us so we must help our selves for we can have no assurance of his assistance if we do ly in bed and only pray without using other means And therefore I must remember you that if we do not make provision speedily we shall not be able to put one Ship to sea this year Verbum sapienti satis est The Answer to the same Petition by the Lord Keeper Coventrey TO the first point his Majesty answereth That he will accorâ—ding to your desire give both life and motion to the Laws thaâ— stand in force against Iesuits Seminary Priests and all that havâ— taken Orders by authority of the Sea of Rome and to that end his Maâ—jesty will give strict order to all his Ministers for the discovering and apprehending of them and so leave them being apprehended to the triall of the Law and in case after tryall there shall be cause to respite the execution of any of them yet they shall be committed according to the example of best times to the Castle of Westbitch and there be safely kept from exercising their functions or spreading their Superstitious and dangerous Doctrine and for the receivers and abettors they shall be left to the Law To the second His Majesty granteth all that is desired in this Article and to this end will give order to the Lord Treasurer Lord high Admirall and Lord Warden of the Cinque Ports that in their severall places they be carefull to see this Article fully executed giving strict charge to all such as have place or authority under them to use all diligence herein and his Majesty requireth them and all other his Officers and Ministers to have a vigilant eye upon such as dwell in dangerous places of advantage or opportunity for receiving or transporting any such as are here
territories and greater number of people 7. What information is given to his Majesty contrary to this doth proceed from such persons as to serve their own ends under colour of advancing his Majesties Prerogative do weaken Royall power 8. We trust to be cleared in his Majesties judgement that there hath been no unnecessary stop but a most cheerfull proceeding in the matter of Supply and therefore we do humbly desire that his Majesty will take no information in this or any other businesse from private relations but to judge of our proceedings by the resolution that shall be presented to his Majestie from the House 9. Being thus rightly and graciously understood we assure our selves that the end of this Parliament shall be more happy then the beginning The Speaker Sir John Finche's Speech upon the 9 Heads 14. April 1628. Most Gracious and dread Sovereign YOur dutifull and loyall Commons here assembled were lately humble Suitours for accesse to your Royall presence The occasion that moved their desires herein was a particle of importance worthy your Princely Consideration and which as it well deserves should have been the only subject of my Speech at this time But since your gracious answer for this accesse obtained by a Message from your Majestie they have had some cause to doubt that your Majestie is not so well satisfied with the manner of their proceedings as their heartie desire is you should be especially in that part which concernes your Majesties present Supply as if in the prosecution thereof they had of late used some slacknesse or delay And because no unhappinesse of theirs can parallell with that which may proceed from a misunderstanding in your Majestie of their cleer and loyall intentions they have commanded me to attend your Majestie with an humble and summarie declaration of their proceedings since this short time of their sitting which they hope will give your Majestie abundant satisfaction that never people did more truly desire to be endeared in the favour and gracious opinion of their Sovereign And withall to let your Majestie see that as you can no where have a more faithfull Councell so your great designes and occasions can no way be so speedily or heartily supported as in this old and ancient way of Parliament For this purpose they humbly beseech your Majestie to take into your Royall Consideration that although by ancient right of Parliament the matters there debated are to be disposed in their true method and order and that their constant custome hath been to take into their consideration the common Grievances of the Kingdome before they enter upon matter of Supplie yet to make a full expression of that zeal and affection which they beare to your Royall Person equalling at least if not exceeding the best affections of their predecessours to the best of your Progenitours they have in this Assemblie contrary to ordinary proceeding in Parliament given your Majesties supply precedency before the common Grievances of the Subject how pressing soever joyning only with it those fundamentall and vitall Liberties of the Kingdome which give subsistence and ability to your Subjects This was their originall order and resolution and was grounded upon a true discerning that these two considerations could not be severed but did both of them intirely concern your Majesties service consisting no lesse in encouraging and inabling your Subjects then in proportioning a Present suting to your Majesties occasions and their own abilities Nay so farre have they been from using any unnecessary delaies as that though of the two that of Supply were later in proposition amongst them yet the Grand Committee to which both were referred have made that of your Majesties Supply first ready for conclusion And to be sure your Majesties Supply might receive no interruption they differing from custome and usage in cases of this nature sent up of those that concern the Subject by parcels some to your Majestie and some to the Lords to the end your Majestie may receive such speedy content as sutes with the largest and best extent of their first order Sir you are the breath of our nostrils and the light of our eyes and besides the many Comforts which under you and your Royall Progenitours in this frame of Government this Nation hath enjoyed the Religion we professe hath taught us whose Image you are And we do all most humbly declare to your Majestie that nothing is or can be more deare unto us then the sacred Rights and Prerogatives of your Crown no Person or Councell can be greater lovers of them nor more truly carefull to maintain them And the fundamentall Liberties which concern the freedome of our persons and propriety of our goods and estates are an essentiall meanes to establish the true glorie of a Monarch for rich and free Subjects as they are best governed so they are most able to do your Majestie service either in peace or warre which under God hath been the cause of the happie victories of this Nation beyond other Kingdomes of larger Territories and greater numbers of people What information soever contrarie to this shall be brought to your Majestie can come from no other then such as for their own ends under colour of advancing the Prerogative do in truth undermine and weaken Royall Power and by impoverishing the Subject render this Monarchie lesse glorious and the people lesse able to serve your Majestie Having by this which hath been said cleared our hearts and proceedings to your Majesty our trust is that in your Royall Judgement we shall be free from the least opinion of giving any unnecessary shop to our proceeding in the matter of Supply and that your Majestie will be pleased to entertain belief of our alacritie and cheerfulnesse in your service and that hereafter no such misfortune shall befall us to be misunderstood by your Majestie in any thing We all most humblie beseech your Majestie to receive no information either in this or any other businesse from private relations but to weigh and judge of our proceedings by those resolutions of the House which shall be presented from our selves This rightly and graciously understood we are confident from the knowledge of your goodnesse and our own hearts that the ending of this Parliament shall be much more happy then the beginning and that it shall be stiled to all ages The Blessed Parliament which making perfect union betwixt the best people your Majestie may ever delight in calling us together and we in the Comforts of your Gracious Favour towards us In this hope I return to my first errand which will best appear by that which I shall humbly desire your Majesty to hear read being an humble Petition from the House of Commons for redresse of those many inconveniences and distractions that have befallen your Subjects by the billetting of Souldiers Your Royall Progenitours have ever held their Subjects hearts the best Garrison of this Kingdome And our humble suit to your Majesty is that our Faith and
April 1628. Mr. Speaker WE are now upon a great business and the manner of handling it may be as great as the business it self I need not tell you that Liberty is a pretious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for my own part I am clear without scruple that what we have resolved it according to Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him before now Out of all question the very point the scope and drift of Magna Charta was to reduce the Regal to a Legal power in matters of imprisonment or else it had not been worth so much contending for But there have been Presidents brought to prove the practise and interpretation of the Law I confess I have heard many Presidents of utillity and respect but none at all of truth or of Law Certainly there is no Court of Justice in England that will discharge a Prisoner committed by the King Rege inconsulto without acquainting the King yet this good manners was never made or mentioned as a legal part of the delivery It is Objected that the King ought to have a trust left and deposited in him God forbid but he should And I say that it is impossible to take it from him for it lies not in the wit of man to devise such a Law as should be able to comprehend all particulers all accidents but that extraordinary cases must happen which when they come If they be disposed of for the Common good there will be no Law against them yet must the Law be general for otherwise admissions and exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of nature to govern the ordinary course of things he hath made no Laws for miracles Yet there is this observation of them that they are rather praeter naturam then contra naturam and alwayes propter bonos fines for Kings Prerogatives are rather besides the Law then against it and when they are directed to right ends for the publick good they are not onely concurring Laws but even Laws in singularity and excelling But to come nearer M r. Speaker let us consider where we are now what steps we have gone and gained the Kings learned Councel have acknowledged all the Laws to have been still in force the Judges have disallowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolution intire and without prejudice All this hitherto is for our advantage but above all his Majesty himself being publickly present declared by the mouth of my Lord Keeper before both the Houses that Magna Charta and the other six Statutes are in force that he will maintain his Subjects in the liberty of their Persons and the propriety of their goods that he will govern according to the Laws of the Kingdom this is a solemne and bindeing satisfaction expressing his gracious readiness to comply with his People in all their reasonable and just desires The King is a good man and it is no diminution to be called so for whosoever is a good man shall be greater then a King that is not so The King certainly is exceeding tender of his present Honour and of his same hereafter he will think it hard to have a worse mark set upon him and his Government then any of his Ancestors by extraordinary restraints his Majesty hath already intimated unto us by a message that he doth willingly give way to have the abuse of power reformed by which I do verily believe that he doth very well understand what a miserable power it is which hath produced so much weakness to himself and to the Kingdom and it is our happiness that he is so foreward to redress it For my own part I shall be very glad to see that good old decrepit Law of Magna Charta which hath so long kept in and lain as it were bedrid I should be glad I say to see it walk abroad again with new vigour and lustre attended by the other six Statutes questionless it will be a general hartning to all the People I doubt not but by a debating conference with the Lords we shall happily fall upon a fair and fit accommodation concerning the Liberty of our Persons and propriety of our goods I hope we have a Bill to agree in the point against imprisonment for Loanes or privy Seals as for intrincical power and reason of State they are matters in the clouds where I desire we may leave them and not meddle in them at all least by way of admittance we may loose somewhat of that which is our own already Yet this by the way I will say of reason of State that in the latitude as it is used it hath eaten out almost not onely all the Laws but all the Religion of Christendom Now M r. Speaker I will onely remember you of one precept and that of the wisest Man Be not overwise be not over just and he cited his reason for why wilt thou be desolate Sir if Justice and Wisedom may be stretcht to desolation let us thereby learn that moderation is the virtue of virtues and the wisedom of wisedomes Let it be our Master-piece so to carry our business as we may keep Parliaments on foot for as long as they are frequent there will be no irregular power which though it cannot be broken at once yet in short time it will fade and moulter away there can be no total and final loss of Liberty but by loss of Parliaments as long as they last what we cannot get at one time we may have at another Let no man think that what I have said is the language of a private end my aim is upon the good success of the whole for I thank God my minde stands above any fortune that is to be gotten by base and unworthy means No man is bound to be rich or great no nor to be wise but every man is bound to be honnest out of which heart I have spoken The Lord KEEPERS speech 28. April 1628. MY Lords Knights and Burgesses of the House of Commons I cannot but remember the great and important affairs concerning the safety both of State and Religion declared at first from his own mouth to be the cause of assembling this Parliament the fear whereof as it doth dayly increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger encreaseth every day both by effluction of time and preparation of the enemy Yet his Majesty doth well weigh that this expence of time hath been occasion by the debate that hath risen in both Houses touching the Liberty of both Subjects in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and
wheresoever his Majesties Soveraign power should be exercised upon us in all or any the particulars mentioned in the Petition we should without further inquiry submit thereunto as assuming and taking it pro concesso it induced to our safety and happiness c. Since therefore as the Petition is now conceived it carrieth the form and face of a picture which representeth to the life the pressures and grievances of the peoples with the easie remedies And therefore we hope that his Majesties casting upon it a gratious eye will compassionate his poor loyall Subjects and afford a comfortable answer I do humbly pray your Lordships not to marr or blemish the grace and face of this picture with this unnecessary addition and unnecessary I prove it to be according to that Rule expressio ejus quod tacitè inest nihil operatur And Soveraign power in Cases where it hath place and ought to be used is alwayes necessarily understood and though not expressed yet supplied by reasonable intendment or by the opinion of all Learned men And therefore as it neither is nor can be by us expresly included especially in this Petition where the addition thereof would make such a confusion of the whole sence and substance The Kings Soveraign power and Prerogative is alwayes able to save it self and if it were not we must without this addition save it to our utmost powers if we will save our Oath and save our selves The true state of the cause thus standing between your Lordships and us the House of Commons doth not a little marvel upon what grounds your Lordships are so earnest to urge upon them this addition to be inserted into their Petition they nothing doubt but that the same proceeded out of a sollicitude and fear which your Lordships have least otherwise the simple and absolute passage of this Petition might be construed hereafter in prejudice of his Majesties Soveraign power And this your Lordships sollicitude and fear proceedeth from your love as the Poet saith Res est solliciti plena Timoris Amor But I humbly pray your Lordships to examine with us the grounds of this your sollicitude and fear which grounds needs must be laid either upon the words of the Petition or the intention of the Petitioners Upon the words there is no possibility to lay them for therein is no mention of the Soveraign power And were the words doubtfull as thus we pray the like things be not done hereafter under pretext of your Majesties Soveraign power yet in respect of the Protestations preceeding concommitant and subsequent to the Petition such doubtfull words ought reasonably to be interpreted onely of such Soveraign power as was not applyable to the cases wherein it was exercised and of such Soveraign power as should be justly practised But there are no such doubtfull words and therefore it followeth that your Lordships fear and sollicitude must be grounded upon the intention of the Petitioners Now your Lordships well know that the House of Commons is not ignorant that in a Session of Parliament though it continue as many weeks as this hath done dayes yet there is nothing prius posterius but all things are held and taken as done at one time If so what a strange collection was this that at the same time the House of Commons should oblige themselves by a fearfull adjuration to assist and defend all Priviledges and Prerogatives belonging to the King and at the same time by a Petition cautiously conveyed indeavour or intend to divest and deprive the King of some Prerogatives belonging to his Crown If therefore such fear and sollicitude can neither be grounded upon the words of the Petition nor intention of the Petitioners I humbly pray your Lordships to lay them aside as we do believe that the proposition of this addition from your Lordships was not onely excuseable but commendable as proceeding from your love so now having heard our reasons your Lordships would rest satisfied that our refusal to admit them into our Petition proceedeth from the conscience of the integrity and uprightness of our own hearts That we in all this Petition have no such end to abate or diminish the Kings just Prerogative And so much in reply to that rational part whereby my Lord Keeper laboured to perswade the entertainment of this addition This being done it pleased the House of Commons to instruct and furnish me with certain reasons which I should use to your Lordships to procure your absolute conjunction with us in presenting this Petition which albeit I cannot set forth according to their worth and the instructions given me by the House yet I hope their own weight will so press down into your Lordships consciences and judgements that without further scruple you will cheerfully vouchsafe to accompany this Petition with your right noble presence A Personis The first argument wherewith I was commanded to move your Lordships was drawn from the consideration of the Persons which are Petitioners The House of Common a House whose temper mildness and moderation in this Parliament hath been such as we should be unthankfull and injurious to Almighty God if we should not acknowledge his good hand upon us upon our tongues upon our hearts procured no doubt by our late solemne and publick humiliation and prayers This moderation will the better appear if in the first place we may be remembred in what passion and distemper many Members of this House arrived thither what bosomes what pockets full of complaints and lamentable grievances the most part brought thither and those every day renewed by Letters and Packets from all parts and quarters You know the old proverb ubi dolor ibi digitus ubi amor ibi oculus It is hard to keep our fingers from often handling the parts ill affected but yet our moderation overcame our passion our discretion overcame our affection This moderation also will the better appear if in the second place it be not forgotten how our Ancestors and Predecessors carried themselves in Parliaments when upon lighter provocations less could not serve their turns but new severe Commissions to hear and determine offences against their Liberties publick Ecclesiastical curses or excommunications against the Authors or Actors of such violations accusations condemnations executions banishments But what have we said all this Parliament we onely look forward not backward we desire amendment hereafter no mans punishment for ought done heretofore Nothing written by us in bloud nay not one word spoken against any mans Person in displeasure The conclusion of our Petition is That we may be better intreated in time to come And doth not this moderate Petition deserve your Lordships cheerfull conjunction ex congruo condigno If a Worm being troden upon could speak a Worm would say tread upon me no more I pray you higher we rise not lower we cannot discend And thus much we think in modesty may well be spoken in our own commendation thence to move your Lordships to
of other wayes of raising of monies so particularlie by imposition gave us just cause to suspect that what ever was your Majesties own gratious intention yet there wanted not those that under some colourable pretence might secretlie by this as by other wayes contrive to change the frame both of Religion and Government and thereby undermine the safetie of your Majestie and your Kingdoms these men could not be ignorant that the bringing in of strangers for aid hath been pernitious to most States where they have been admitted but to England fatall We do bless God that hath given your Majestie a wise and understanding heart to discern of the mischief of such courses and that such power produceth nothing but weakness and calamitie And we beseech your Majestie to pardon the vehemencie of our expressions if in the loyall and zealous affections we bear to your Majestie and your service we are bould to declare to your Majestie and the whole world that we hold it far beneath the heart of any free English man to think that this victorious Nation should now stand in need of Germaine Souldiers to defend their own King and Kingdom But when we consider the courses formerlie mentioned concerning the undermining of Religion and these things tending to an apparant change of government the often breach of Parliaments where by your Majestie hath been deprived of the faithful Councels and free aids of your people The taking of tonnage and pondage without any grant thereof by Act of Parliament ever since the beginning of your Majesties raign to this present The standing commission granted to the Duke of Buckingham to be General of an Army within the land in the time of peace The displaceing of faithfull and sufficient Officers and Ministers some from Judicial places and others from the Offices and Authorities which formerly they held in the Common-Wealth we cannot but at the sight of such an approaching desolation as must necessarilie follow these courses out of the depth of sorrow lift up our cries to Heaven for help and next under God humbly applie our selves to your sacred Majestie and falling down at your feet do beseech you to harken to the voice of all your people who if you could hear so many thousands speaking altogether would all joyntly implore speedy help and reformation And if yet your Majestie will be pleased to take a further view of the present estate of your Realm we do humblie pray you to consider whether the miserable disasters and ill success that hath accompanied all your late designes and actions particularly those of Cales the Isle of Rhee and the last expedition to Rochel have not extreamlie wasted that stock of honour that was left unto this Kingdom sometimes terrible to all other Nations and now declining to contempt beneath the meanest together with our honour we there lost those and that not a few who had they lived we might have had some better hope of recovering it again Our valiant Collonels Captains and Commanders and many thousand common Souldiers and Marriners though we have some cause to think that your Majestie is not as yet rightlie enformed thereof and that of six or seaven thousand of your Subjects lost at the Isle of Rhee your Majesty received information but of a few hundreds And that all this dishonour and loss hath been purchased with the Consumption of above a million of Treasure many of your Forts are exceeding weak and decayed and want both men and munition And here we cannot but with grief consider and complain of a strange improvidence we think your Majestie will call it treacherie That your store of powder which by order of your privy Councel dated the tenth day of December 1626. should be constantly three hundred last besides a continual supplie of Twentie last a moneth for ordinarie expences and were now fit as we conceive to be double That proportion is at this time in the Tower the present warrants being served but nine last and forty pound in all which we tremble to think of And that notwithdanding this extream scarcitie of powder great quatities have been permitted to be sould out of your Majesties store to particular persons for private gain whereof we have seen a certificate of fortie six last sould since the fourteenth of Ianuary last And your Majesties store being unfurnished of powder which by a contract made with Mr. Evelin by the advise of the Lords in Parliament ought to be supplied monthly with twentie last at the rate of 3 l. 10. s. 10. d. the barrel Your Majestie hath been forced to pay above 7. l. a barrel for powder to be brought from beyond the Seas for which purpose 12400. l. hath been imprest to Mr. Burlamacho the last year and that powder not so good as that which by contract your Majestie should have of your own by one third part All which are most fearfull and dangerous abuses But what the poverty weakness and miserie your Kingdom is now grown unto by decay of trade by destruction and loss of ships and Marriners within these three last years we are almost afraid to declare And could we have been assured that your Majesty should any other way have had a true information thereof we should have been doubtfull to have made our weakness and extreamity of misfortune in this kinde to appear But the importunate and most pittifull complaints from all the parts of your Kingdom near adjoyning to the sea in this kinde would rend we think the strongest heart in the world with sorrow And the sence we have of the miserable condition your Kingdoms is in by reason thereof especially for that we see no present possible means being now shortly to end this session how to help the same adds such a weight of grief unto our sadd thoughts as we have no words to express it But for your Majesties more exact reformation herein we beseech you be pleased to peruse the Kallandar of particulars which with this our Remonstrance we most humbly present unto your Majestie One reason amongst many others of this decay of trade and loss of ships Marriners is the not guarding seas the Regalitie whereof your Majesty hath now in a manner wholly lost and that wherein a principal part of the honour and safetie of this Kingdom heretofore consisted in having the absolute command of the seas is now so neglected that the Town of Dunkerk doth so continuallie beat robb and spoil your Subjects that we can assure your Majestie if some present and effectual remedie be not forthwith provided the whole trade of this Kingdom the shipping and Marriners belonging thereunto will be utterly lost and consumed The principal cause of these Evils and Dangers we conceive to be the excessive power of the Duke of Buckingham and the abuse of that power And we humbly submit it to your Majesties Excellent wisdom whether it can be either safe for your self or your Kingdom that so great power as rests in him both by