of the Kings Bench this Law will not bend and when it lights on Subjects fitting if it do not bend it is unjust And there comes in the Law of the Chancery and of Equity this is Application of Law in private mens Causes when it comes to Meum tuum And thus the general Government of Cases with relation to the common State of the Kingdom is from the Council Board and there they are to vary from the Law of the Kingdom Suppose it be in time of Dearth Propriety of Goods may in that time be forced and be brought to the Market We saw the experience of it in Coals in London and the Council Board caused them to be brought forth and sold. In a time of Pestilence men may be restrained If a Schism be like to grow in a Church the State will enquire after the favorers of it if there be feaâ— of Invasion and it be encouraged by hope of a Party amongst us it is in the power of Government to restrain men to their houses In the Composure of these things there is great difference What differences have been between the Courts of Chancery and Kings Bench It is hard to put true difference between the Kings Prerogative and our Liberties His Majesty saw expence of time would be prejudicial it pleased God to move his Majesty by a Divine hand to shew us a way to clear all our difficulties let us attend to all the parts of it there be Five Degrees and there is more assurance then we could have by any Law whatsoever His Majesty declares That Magna Charta and the other Statutes are in force This is not the first time that the Liberty of the Subject was infringed or was in Debate and confirmed all times thought it safe that when they came to a Negative of Power it was hard to keep Government and Liberty together but his Majesty stopped not there but according to the sense of these Laws That he will govern his Subjects in their just Liberties he assures us our Liberties are just they are not of Grace but of Right nay he assures us he will govern us according to the Laws of the Realm and that we shall finde as much security in his Majesties Promise as in any Law we can make and whatsoever Law we shall make it must come to his Majesties allowance and if his Majesty finde cause in his Government he may not put life to it We daily see all Laws are broken and all Laws will be broke for the Publique good and the King may pardon all Offenders his Majesty did see that the best way to settle all at unity is to express his own heart The Kings heart is the best guarder of his own promise his promise is bound with his heart What Prince can express more care and wisdom Lastly he saith That hereafter ye shall never have the like cause to complain May we not think the breach is made up is not his Majesty ingaged in his Royal word The conclusion is full of weight and he prayes God that as God hath blessed this Kingdom and put it into his heart to come amongst us so to make this day successful The wrath of a King is like the roaring of a Lyon and all Laws with his wrath are to no effect but the Kings favour is like to the dew of the grass there all will prosper and God made the Instruments to unite all hearts His Majesty having thus discharged himself he prayes us to proceed to the business that so much concerns him As his Majesty hath now shewed himself the best of Kings let us acknowledge his Majesties goodness and return to that Union which we all desire But this motion was not received with general acceptation and Sir Benjamin Rudyard replyed to it in these words WE are now upon a great business and the maner of handling it may be as great as the business it self Liberty is a precious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for mine own part I am clear without scruple that what we have resolved is according to the Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him ere now out of all question the very scope and drift of Magna Charta was to reduce the Regal to a Legal Power in matter of Imprisonment or else it had not been worthy so much contending for It is true That the King ought to have a trust reposed in him God forbid but he should and I hope it is impossible to take it from him for it lies not in the wit of man to devise such a Law as shall comprehend all particulars all accidents but that extraordinary Causes may 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 Law for Miracles yet there is this observation of them that they are rather praeter naturam then contra naturam and always propter bones fines So the Kings Prerogatives are rather besides the Law then against it and when they are directly to their ends for the publique good they are not onely concurring Laws but even Laws in singularity and excellency But to come nearer let us consider where we are now what steps we have gone and gained The Kings learned Councel have acknowledged all the Laws to be still in force the Judges have not allowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolutions intire and without prejudice All this hitherto is for our advantage but above all his Majesty hath this day himself being publiquely present declared by the mouth of the Lord Keeper before both the Houses That Magna Charta and the other six Statutes are still in force That he will maintain his Subjects in the Liberties of their Persons and Proprieties of their Goods That he will govern them according to the Laws of the Kingdom this is a solemn and binding satisfaction expressing his gracious readiness to comply with his people in their reasonable and just desires The King is a good Man and it is no diminution to a King to be called so for whosoever is a good Man shall be greater then a King that is not so The King certainly is very tender of his present Honor and of his Fame hereafter He will think it hard to have a worse mark set upon him then upon 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
proceeded and said You have heard his Charge made up by his own words and withall I doubt not but you seem to hear the voice of that wicked one Quid dabitis what will you give me and I will betray this State Kingdom and Commonwealth But there are two Observations I might adde a third which is like unto a threefold Cord which cannot be easily broken will draw the Charge more violently upon him The first is of the Time when this Doctrine of destruction was set forth it was Preached in the heart of the Loan and it was Printed in the beginning of that Term which ended in a Remittitur So that you might guess there might be a double Plot by the Law and Conscience to set on fire the frame and estate of this Commonwealth And one of these intailed Foxes was Mr. Manwaring Another note may be taken of the time that is the unseasonableness of it for this Doctrine of the Loan in case of necessity was the year after an assent in Parliament to four Subsidies and three Fifteens which might serve for a sufficient stopple for the Doctors mouth to keep in his Doctrine of Necessity A second observation may be of the Means by which he seeks to destroy this Commonwealth his means are Divinity yea by his Divinity he would destroy both King and Kingdom The King for there can be no greater mischief to a Prince then to put the opinion of Deity into his ears for if from his ears ti should have passed to his heart it had been mortal You know how Herod perished Now this man gives a participation of Divine Omnipotence to Kings and though a part may seem to qualifie yet all doth seem again to fill up that qualification and very dangerously if we remember that God saith of himself I am a jealous God He goes about to destroy the Kingdom and Commonwealth by his Divinity but do we finde in Scripture such a destroying Divinity Surely I finde there that God is a God of order and not of confusion and that the Son of God came to save and not to destroy By which it seems he hath not his Divinity from God nor from the Son of God And that we may be sure he went to Hell for Divinity he names sundry Jesuits and Fryers with whom he consulted and traded for his Divinity But not to belye Hell it self the Jesuits are honester then he for if he had not brought more hell unto them then he found with them he had not found this Divinity in them which he hath brought forth yea in his quotations he hath used those shifts and falshoods for which Boyes are to be whipt in Schools and yet by them he thinks to carry the Cause of a Kingdom But for a conclusion to give the true Character of this man whom I never saw I will shew it you by one whom I know to be contrary to him Samuel we know all to be a true Prophet now we read of Samuel that he writ the Law of the Kingdom in a Book and laid it up before the Lord. And this he did as one of Mr. Manwarings own Authors affirms that the King may know what to command and the People what to obey But Mr. Manwaring finding the Law of this Kingdom written in Books tears it in pieces and that in the presence of the Lord in a Pulpit that the King may not know what to command nor the People what to obey Thus Mr. Manwaring being contrary to a true Prophet must needs be a false one and the Judgement of a false Prophet belongs to him I have shewed you an evil Tree that bringeth forth evil fruit and now it rests with you to determine whether the following sentence shall follow Cut it down and cast it into the fire ABout this time the Mayor of Plimouth certified to the Burgesses serving for that Town in Parliament the Examination of Le Brun a Frenchman Captain of the Mary of Rotchel taken the 16 of May 1628. viz. The Examinate saith That on 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 on the first day of May then following the said Fleet arrived and came at Anchor at Charleboy in the Rode of Rotchel about four of the Clock in the afternoon where at the said arrival they found twenty sail of the King of France his Ships whereof six were Ships of about 300 Tuns and the rest were small Shâ—ps and forthwith with the said French Ships put themselves to sail and went in nearer to the fortifications where they also anchored within two Canon shot of the English Fleet and saith That one of his Majesties Ships shot off one piece of Ordinance and no more and that the said French Ships as they returned from the English Fleet shot off oftentimes to them and that the same Fleet remained there until the eighth day of the said moneth of May in which time there was a Wherry sent from the Fleet into Rotchel wherein there were two English and one Frenchman 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 on the Walls of the said Town as they have moneths victuals there but they made not any answer thereof whence it was collected that they had but a small quantity of victuals and said That the said English as he hath heard promised to sink the said French Ships when the waters did increase and the wind came at West-north-west it being then Neap-tides and about two days after the waters did increase and the winds came accordingly and being then intreated to fight with them yet did not but came away without fighting or relieving the Town and saith That on the eighth day of May the said English Fleet weighed Anchor and set sail to depart and four 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 on the tenth of this instant and lastly saith That during all the time the English Fleet was there the Town of Rotchel shot to the King of France his Ships and Fort but chiefly upon the arrival of the said Fleet there This Examination being communicated to the Councel Table it procured this ensuing Letter from the Privy Councel to the Duke dated the 30 of May 1628. viz. WHereas it is his Majesties pleasure that the Earl of Denbigh shall return back to relieve the Town of Rotchel with the Fleet under his Charge We do therefore pray your Grace to signifie this his Majesties pleasure unto the said Earl and to give him
baylable And 33 Eliz. it was resolved by all the Iustices of England which I have viewed in chief Iustice Andersons Book under his own hand and it was produced in Parliament That all men committed by the Privy Councill are baylable if the commitment be not for high treason In all cases of commitment an accuser is understood Suppose that the accusation mentioned in Russel's case of sedition had been an accusation of treason then the Iudges ought not to have bayled him of right and no man will say but that the said accusation was a good cause to commit him But the discovery of the offence ought to be afterward in an Indictment Fourthly I come to the objections which have been made on the contrary 1 st It was objected That this was a case of great consequence I confesse it but this consequence is not to the King for if it be truly treason then they might have returned Treason and then the party was not to be bayled of right till there should be a failer of prosecution as was lately in Melvins case who was bailed for lack of prosecution the Return being for high treason 2 ly It was objected that there can be no conviction as this case is therefore there ought to be coercive power to restrain the prisoner This is strange newes to me that there shall be any offence for which a man cannot be convict And if there can be no conviction it hence followes that there is no offence and if there be no offence there ought by consequence to be no imprisonment 3 ly The case of 14 H. 7.8 hath been objected that a Iustice of Peace may commit Rioters without bayl I confesse it for this is by force of a Statute which ordains it 4 ly It hath been objected That if a house be on fire it is lawfull to pull down the neighbours house for the prevention of further mischief and the cases of 22 ass and 22 E. 4. that every man may justifie the coercion of a mad-man I answer That these cases are true for of necessity and no other evasion but here bayl is proffered which is body for body Fire is swift and cannot be punished and no caution can be obtained thereof But observe the true inference and consequence of this Argument If my house be on fire my neighbours house must be pulled down Mr Selden is seditious ergo Mr. Herbert his neighbour must be imprisoned 5 ly It hath been objected out of Br. Treason 24. 1 Mar. That the said Statute of 25 E. 3. is taken largely and that the detaining of a Castle or Fortresse is treason To this I answer That the bare detaining of a Castle is not treason unlesse it be with intention of the death of the King but the taking of a Castle is treason And the case there meant by Brook is Constables case Dy. 128. And I confesse 13 Eliz. Dy. 298. Doctor Story 's case that conspiracy to invade the Kingdom is treason for this cannot be without great danger of the death of the King for arma tenenti Omnia dat qui justa negat and all those Indictments were that they intended the death of the King but no such intention is expressed here 6 ly It hath been objected That this case is out of the Petition of Right because in this Return there is a cause shewed But the grievance whereupon the Petition of Right was framed was where no cause was returned It is true that the grievance goes no further but where no cause was returned for that was the grievance at that time But the words of the Petition of Right are further without being charged with any thing to which they might make answer by the Law which implies that such cause ought to be contained in the Return which being put into an Indictment the party may have his answer thereto 7 ly It was objected that the Return shall not be construed and expounded by fractions I answer That we need not make such an exposition for the joynt-construction thereof makes more for us then the severall as is shewed before 8 ly That a generall Return is sufficient and it need not have tearms of Art in it as an Indictment ought to have For answer I confesse it but I affirm as above that a Return ought to be so particular that the nature of the offence ought to appear out of it And it is not to be compared to generall Writs as Apostatâ capiendo Idiota examinando Leproso amovendo and the like for those Writs are good enough because they contain the very matter And although it hath been said that there are two kinds of Lepers yet I never heard but of one And the Writ de Haeretico comburendo is generall and good because it is but a Writ of Execution upon a Iudgment given by the Spirituall power But because they might not meddle with the blood of any man the execution is by the Secular power 9 ly It hath been objected out of 30 ass p. 19. that the King would have one drawn and hanged for bringing in into England the Buls of the Pope But the Book answers it self for he was not drawn and hanged 10 ly The Statute of Westm. 1. cap. 15. was objected But as oft as that Statute is objected I will alwaies cry out The Petition of Right the Petition of Right as the King of France cryed out nothing but France France when all the severall Dominions of the King of Spain were objected to him 11 ly A curious distinction hath been taken by Serjeant Davenport between stirring To sedition and stirring Up sedition for the first implies an inclination onely to do it the second implies an act done But this is too nice for if a man stir up sedition or to sedition if it be with intention of the death of the King the one and the other is treason 12 ly The opinion of Fortescue in 31 H. 6.10 b. hath been objected That for an offence done to the Court a man may be committed before conviction To this I answer 1 st That the Book does not say That he shall be committed without bayl 2 ly The offence being done in face of the Court the very view of the Court is a conviction in Law 13 ly There was objected the 24 of E. 3.23 Sir Fitchet's case who for going armed in the Palace was committed by this Court without bayl or mainprize which seems to be the strongest and hardest case that hath been objected But the answer to it is clear and undeniable for the Statute of 2 E. 3. c. 3. is That if any one come armed before the Iustices he shall forfeit his Armour and shall be imprisoned during the Kings pleasure so that by the expresse purview of the Statute such a man is not baylable So my conclusion remains firm notwithstanding any of those objections That the prisoner here being committed before conviction of any offence it being not possible to understand this
highly displeased with some of the Commons House whom he called Ill-tempered spirits Sir Edward Cook Sir Robert Philips were committed to the Tower Mr. Selden Mr. Pym Mr. Mallery to other Prisons and Confinements Order was given for the sealing up the locks and doors of Sir Edward Cooks Chambers in London and in the Temple for the seising of his Papers and the Council debating about the General Pardon that should have passed this last Parliament had consulted about the ways of excluding him from that benefit either by preferring a Bill against him before the publication of the Pardon or by exempting him by name whereof they said they had presidents Likewise Sir Dudley Diggs Sir Tho. Crew Sir Nathaniel Rich and Sir Iames Perrot for punishment were sent into Ireland joined in Commission with others under the Great Seal of England for the enquiry of sundry matters concerning his Majesties service as well in the Government Ecclesiastical and Civil as in point of his Revenue and otherwise within that Kingdom Proclamations had formerly issued out against the Peoples too liberal speaking of matters above their reach Which at this time occasioned Letters from the Council to the Judges of the next Assises taking notice of licentious and undutiful speeches touching State and Government notwithstanding several Proclamations prohibiting the same which the King was resolved no longer to let pass without severest punishment and thereupon required the Judges to give this in Charge in their several Circuits and to do exemplary Justice where they find any such Offenders The King still walked in his beaten path of Sollicitations and Treaties after the constant bad success of his former Mediations For at the very time when he treated of Peace his Son in law was despoiled of his Hereditary patrimony by the Emperors commandment who after the suspension of the Ban or Proscription commanded the taking up of Arms again in the Lower Palatinate the Upper Palatinate being already subdued Which misery King Iames acknowledged to be the fruit of his own patience delays and doubtfulness Nevertheless he ceaseth not to pursue the favor of an implacable Enemy He wrote to the Emperor Ferdinand declaring his earnest endeavors to appease the Bohemian War and his ardent zeal for Peace from the beginning and expressed the Terms which he had prescribed to his Son in law As That he shall for himself and his Son renounce all pretence of Right and Claim to the Crown of Bohemia That he shall from henceforth yield all constant due devotion to the Imperial Majesty as do other obedient Princes Electors of the Empire That he shall crave pardon of the Imperial Majesty That he shall not hereafter any manner of way demean himself unfittingly toward the Imperial Majesty nor disturb his Kingdoms and Countries And that he shall upon reasonable Conditions reconcile himself to other Princes and States of the Empire and hold all good correspondence with them And he shall really do whatsoever like things shall be judged reasonable and necessary King Iames requested of the Emperor the acceptance of these Conditions as a notable testimony of his Imperial Majesties goodness and grace which he said should be by himself acknowledged in all willing service and unfeigned friendship to the Emperor himself and the most renowned House of Austria But if these his just Demands and well-willed Presentations shall not find acceptance or be slightly waved by some new tergiversation or a pretence of that long and tedious way of Consultation with the Princes of the Empire he is resolved to try his utmost power for his Childrens relief judging it a foul stain to his Honor if he shall leave them and their Partizans without counsel aid and protection The Emperor replied and confessed That in this exulcerate business so much moderation and respect of justice and equity hath shined forth in the King of Great Britain that there is not any thing that he should refuse to render thereunto reserving his Cesarean authority and the Laws of the Empire Yet that Person whom it most concerns hath given no occasion by the least sign of repentance to a condescension to this Treaty of Pacification For he is still so obstinate as by continual machinations by Iagerndorf and Mansfeld and other cruel disturbers of the publique peace to call up Hell rather then to acquiesce in better counsels and desist from the usurped Title of a Kingdom Howbeit in favor of the King of Great Britain he shall consent to a Treaty to be held at Bruxels wherein he would devolve his power upon the Illustrious Elizabetha Clara Eugenia Infanta of Spain The appointment of the Treaty at Bruxels was accepted by King Iames whither he sent his Ambassador Sir Richard Weston Chancellor of the Exchequer In the mean while misfortune and misery over-ran the Palatinate The Enemy having prevailed in several grand encounters proceeded to subdue the Country without regard to the Treaty of Peace at Bruxels Which was more easily effected the Commotions in Hungaria Bohemia Silesia Moravia being now ended in a Treaty of Peace between the Emperor and Bethleem Gabor the Emperor having made use of the Palsgrave's submission and resignation of the Crown of Bohemia to accelerate this Treaty About this time Philip the Third King of Spain departed this life and the Lord Digby was sent Extraordinary Ambassador into Spain as well to condole his death as â—o advance the Match and by all means possible to bring it to a final conclusion To which end he was accompanied with Letters from his Majesty and the Prince to that King as also a private Letter to Don Baltazar de Zuniga MOst Serene and Potent Prince Kinsman and dearly beloved Friend when we heard of the Death of your Majesties Father Philip the Third with whom we had great Amity and by our Amity managed very important Matters which he being dead could not but of necessity be interrupted It was no less grief to us then if he had been our own natural and most intimate Brother Which grief we have certified both to your Majesty by our Letters as was fitting and intimated to our people in a solemn and due manner And thus far we have satisfied our selves but in the next place we must also give Custom its due For which end we send unto your Majesty our Publick Ambassador and Messenger of this our Grief the Baron John Digby our Counsellor and Vice-Chamberlain adjoyning unto the rest of his Instructions this our wish That your Serenity may rule your Fathers Kingdoms which you have received under a most prosperous Star with his and your Ancestors Prudence and that we may really finde that love which alway passed between your Father of most happy memory and us propagated with the same candor unto you his Successor the which we also hope Given at our Pallace of Theobalds Mar. 14. 1621. Your Majesties most Loving Brother I. R. Jacobus c. Serenissimo
to this Crown for it will be a thing necessary for them to do so And those even against their own Religion will foment and assist the Hereticks for hatred to us Without doubt they will follow the other party onely to leave your Majesty with that blemish which never hath beâ—aln any King of these Dominions The King of England will remain offended and enraged seeing that neither interest nor helps do follow the Alliance with this Crown as likewise with Pretext of particular resentment for having suffered his Daughter and Grand-children to be ruined for respect of the said Alliance The Emperor though he be well-affected and obliged to us in making the Translation at this time as businesses now stands the Duke of Bavaria being possessed of all the Dominions although he would dispose all according to our Conveniencies it will not be in his power to do it as your Majesty and every body may judge and the Memorial that the Emperors Ambassador gave your Majesty yesterday makes it certain since in the List of the Soldiers that every one of our League is to pay he sheweth your Majesty that Bavaria for himself alone will pay more then all the rest joyned together the which doth shew his power and intention which is not to accommodate matters but to keep to himself the Superiority of all in this broken time the Emperor is now in the Dyet and the Translation is to be made in it The Proposition in this estate is by considering the means for a Conference which your Majesties Ministers will do with their Capacities Zeal and Wisdom and it is certain they will herein have enough to do For the difficulty consists to finde a way to make the present estate of affairs straight again which with lingring as it is said Both the power and time will be lost I suppose the Emperor as your Majesty knoweth by his Ambassador desires to marry his Daughter with the King of Englands Son I do not doubt but he will be likewise glad to marry his Second Daughter with the Palatines Son Then I propound that these two Marriages be made and that they be set on foot presently giving the King of England full satisfaction in all his Propositions for the more strict Union and Correspondency that he may agree to it I hold for certain that all the Conveniences that would have followed the Alliance with us will be as full in this and the Conveniencies in the great Engagement are more by this for it doth accommodate the matter of the Palatinate and Succession of his Grand-children with Honor and without drawing a Sword and wasting Treasure With this Interest the Emperor with the Conveniencies of the King of England and the Palatinate the onely means in my way of understanding to hinder those great dangers that do threaten may accommodate the business and not sever himself from the Conveniencies and Engagements of Bavaria and after I would reduce the Prince Elector that was an enemy to the obedience of the Church by breeding his Sons in the Emperors Court with Catholick Doctrine The Business is great the Difficulties greater perchance then have been in any other case I have found my self obliged to present this unto your Majesty and shall shew if you command me what I think fit for the disposing of the things and of the great Ministers which your Majesty hath I hope with the particular Notes of these things and all being helped with the good zeal of the Conde Gondomar it may be God will open a way to it a thing so much for his and your Majesties service Such Consultations had the Catholick King in his Cabinet-Council whilst he pretended so much zeal to a Closure with England Insomuch that King Iames professed to have taken great contentment in the Dispatches of the Earl of Bristol as full and satisfactory And though the Order sent to the Archduchess for the Relief of Anheim arrived too late yet he acknowledged it to be an argument of that Kings sincere intentions But the Kings hopes were still deferred and these Delays were palliated by the stop of the Dispensation till the Pope were further satisfied in the time of the Childrens education under the Mothers government and the exemption of Ecclesiastical persons from all Secular jurisdiction And the Spaniards did not spare to stretch the Kings ductile spirit For he was willing to stand obliged by a private Letter that the Children should be kept under the Mothers wing till the age of Nine years but he desired for Honors sake that no more then Seven might be exprest in the Publique Articles But this Enlargement would not satisfie He must come up to the allowance of Ten years which was the lowest of all to be expected and so he was brought at length to wave his Honor and to insure this Concession by a Publique Ratification And for the Exemption of Ecclesiasticks from the Secular power thus far he yielded That the Ecclesiastical Superior do take notice of the offence that shall be committed and according to the merit thereof either by Degradation deliver him to Secular Justice or banish him the Kingdom Bristol's importunate Negotiation procured this Answer from the King of Spain First touching the Marriage being desirous to overcome all difficulties that might hinder this union he had endeavoured to conform himself with the Resolutions given by the King of Great Britain to the Popes Propositions and had dispatched a Post to Rome that his Holiness judging what hath been here concluded and held sufficient might grant the Dispensation which he engageth to procure within three or four moneths at the farthest And in the interim that no time be lost the remaining Temporal Articles shall be treated and concluded As touching the Palatinate by his late Dispatches into Flanders due course is taken to settle all things as may be desired But until it be known what effects the same hath wrought and what the Emperor will reply no Answer can be given in writing to the Particulars contained in the Ambassadors Memorial Moreover the Popes Demands to which King Iames took exceptions being now accommodated by the King of Spain were sent into England and presently signed by the King and Prince without the change of a word King Iames having strong assurance that the Dispensation must needs be granted speedily appointed his Agent Gage who was now again at Rome to present to the Pope and certain Cardinals those Letters which lay in his hand to be delivered at a fit season The Kings Letter to the Pope gave him the stile of Most Holy Father Likewise he directed the Earl of Bristol to proceed to the Temporal Articles and to consummate the whole business But while the King had so much zeal and confidence in his Applications to Spain and Rome the Palatinate is left at random upon the Spaniards loose and general promises For Colonel Papenheim had block'd up Frankendale the onely Hold whereby the Palsgrave
sent from England This magnificent Entertainment and the universal Joy in Spain was grounded on the hope of the Prince's turning Catholick For the voice of the people went That he was come to be a Christian And the Conde Olivares when he gave him the first Visit did congratulate his Arrival with these expressions That the Match should be made presently and that the Kings of Spain and England should divide the World between them For that he did not question but he came thither to be of their Religion Whereunto the Prince answered That he came not thither for Religion but for a Wife But there wanted no endeavors to reconcile the Prince and by him the British Dominions to the Sea of Rome Gregory the Fifteenth then Pope exhorted the Bishop of Conchen Inquisitor-General of Spain to improve the opportunity And he sought to charm the Prince by writing a very smooth Letter to him Yea he condescended to write to Buckingham his Guide and Familiar to incline him to the Romish religion And the Pope also wrote a Letter to the Prince the tenor whereof followeth MOst Noble Prince We wish you the health and light of Gods grace Forasmuch as Great Britain hath always been fruitful in vertues and in men of great worth having filled the one and the other World with the glory of her renown She doth also very often draw the thoughts of the Holy Apostolical Chair to the consideration of her praises And indeed the Church was but then in her infancie when the King of Kings did choose her for his inheritance and so affectionately that 't is believed the Roman Eagles were hardly there before the Banner of the Cross. Besides that many of her Kings instructed in the knowledge of the true salvation have preferred the Cross before the Royal Scepter and the Discipline of Religion before Covetousness leaving examples of piety to other Nations and to the Ages yet to come So that having merited the Principalities and first places of blessedness in Heaven they have obtained on Earth the triumphant ornaments of Holiness And although now the state of the English Church is altered We see nevertheless the Court of Great Britain adorned and furnished with Moral vertues which might serve to support the charity we bear unto her and be an ornament to the name of Christianity if withall she could have for her defence and protection the Orthodox and Catholick truth Therefore by how much the more the glory of your most Noble Father and the apprehension of your Royal inclination delights us with so much more zeal we desire that the gates of the Kingdom of Heaven might be opened unto you and that you might purchase to your self the love of the Universal Church Moreover it being certain that Gregory the Great of most blessed memory hath introduced to the people of England and taught to their Kings the law of the Gospel and the respect of Apostolical authority We as inferior to him in holiness and vertue but equal in name and degree of dignity think it very reasonable that we following his blessed footsteps should endeavor the salvation of those Provinces especially at this time when you design most Noble Prince elevates us to the hope of an extraordinary advantage Therefore as you have directed your journey to Spain towards the Catholick King with desire to ally your self to the House of Austria We do commend your design and indeed do testifie openly in this present business that you are he that takes principal care of our Prelacy For seeing that you desire to take in marriage the Daughter of Spain from thence we may easily conjecture that the antient seeds of Christian piety which have so happily flourished in the hearts of the Kings of Great Britain may God prospering them revive again in your soul. And indeed it is not to be believed that the same man should love such an Alliance that hates the Catholick Religion and should take delight to oppress the Holy Chair To that purpose we have commanded that most humble prayers be made continually to the Father of lights that he would be pleased to put you as a fair Flower of Christendom and the onely Hope of Great Britain in possession of that most noble Heritage which your Ancestors purchased for you to defend the authority of the Soveraign High-Priest and to fight against the Monsters of Heresie Remember the days of old enquire of your Fathers and they will tell you the way that leads to Heaven and what way the Temporal Princes have taken to attain to the everlasting Kingdom Behold the gates of Heaven opened The most holy Kings of England who came from England to Rome accompanied with Angels did come to honor and do homage to the Lord of Lords and to the Prince of the Apostles in the Apostolical Chair their actions and their examples being as so many voices of God speaking and exhorting you to follow the course of the lives of those to whose Empire you shall one day attain Is it possible that you can suffer that the Hereticks should hold them for impious and condemn those whom the faith of the Church testifies to reign in the Heavens with Iesus Christ and have command and authority over all Principalities and Empires of the Earth Behold how they tender you the hand of this truly happy Inheritance to conduct you safe and sound to the Court of the Catholick King and who desire to bring you back again into the lap of the Roman Church beseeching with unspeakable sighs and groans the God of all mercy for your salvation and do stretch out to you the arms of the Apostolical charity to embrace you with all Christian affection even you that are her desired Son in shewing you the happy hope of the Kingdom of Heaven And indeed you cannot give a greater consolation to all the people of the Christian world then to put the Prince of the Apostles in possession of your most noble Island whose authority hath been held so long in the Kingdom of Britain for the defence of Kingdoms and for a Divine Oracle The which will easily come to pass and that without difficulty if you open your heart to the Lord that knocks upon which depends all the happiness of that Kingdom It is from this our great charity that we cherish the praises of the Royal Name and that which makes us desire that you and your Royal Father may be stiled with the names of Deliverers and Restorers of the antient and paternal Religion of Great Britain This is it we hope for trusting in the goodness of God in whose hands are the hearts of Kings and who causeth the people of the earth to receive healing to whom we will always labour with all our power to render you gracious and favorable In the interim take notice by these Letters of the care of our charity which is none other then to procure your happiness And it will never grieve us
as no Ceremony or other thing intervene which shall be contrary to the Roman Catholick Apostolick Religion III. That the most Gratious Infanta shall take with her such Servants and Family as are convenient for her service which Family and all persons to her belonging shall be chosen and nominated by the Catholick King So as he nominate no Servant which is Vassal to the King of Great Britain without his will and consent IV. That as well the most Gratious Infanta as all her Servants and Family shall have free use and publick Exercise of the Roman Catholick Religion in manner and form as is beneath capitulated V. That she shall have an Oratory and Decent Chappel in her Palace where at the pleasure of the most Gratious Infanta Masses may be celebrated and in like manner she shall have in London or wheresoever she shall make her abode a Publick and Capacious Church near her Palace wherein all Duties may be solemnly celebrated and all other things necessary for the Publick Preaching of Gods Word the Celebration and Administration of all the Sacraments of the Catholick Roman Church and for burial of the Dead and Baptizing of Children That the said Oratory Chappel and Church shall be adorned with such decency as shall seem convenient to the most Gratious Infanta VI. That the Men-servants and Maid-servants of the most Gratious Infanta and their Servants Children and Descendents and all their Families of what sort soever serving her Highness may be freely and publickly Catholicks VII That the most Gratious Infanta her Servants and Family may live as Catholicks in form following That the most Gratious Infanta shall have in her Palace her Oratory and Chappel so spatious that her said Servants and Family may enter and stay therein in which there shall be an ordinary and publick door for them and another inward door by which the Infanta may have a passage into the said Chappel where she and other as abovesaid may be present at Divine Offices VIII That the Chappel Church and Oratory may be beautified with decent Ornaments of Altars and other things necessary for Divine Service which is to be celebrated in them according to the custom of the Holy Roman Church and that it shall be lawful for the said Servants and others to go to the said Chappel and Church at all hours as to them shall seem expedient X. That the care and custody of the said Chappel and Church shall be committed to such as the Lady Infanta shall appoint to whom it shall be lawful to appoint Keepers that no body may enter into them to do any undecent thing XI That to the Administration of the Sacraments and to serve in Chappel and Church aforesaid there shall be Four and twenty Priests and Assistants who shall serve weekly or monethly as to the Infanta shall seem fit and the Election of them shall belong to the Lady Infanta and the Catholick King Provided That they be none of the Vassals of the King of Great Britain and if they be his will and consent is to be first obtained XII That there be one Superior Minister or Bishop with necessary Authority upon all occasions which shall happen belonging to Religion and for want of a Bishop that his Vicar may have his Authority and Jurisdiction XIII That this Bishop or Superior Minister may Correct and Chastise all Roman Catholicks who shall offend and shall exercise upon them all Jurisdiction Ecclesiastical And moreover also the Lady Infanta shall have power to put them out of her service whensoever it shall seem expedient to her XIV That it may be lawful for the Lady Infanta and her Servants to procure from Rome Dispensations Indulgences Jubilees and all Graces as shall seem fit to their Religion and Consciences and to get and make use of any manner of Catholick Books whatsoever XV. That the Servants and Family of the Lady Infanta who shall come into England shall take the Oath of Allegiance to the King of Great Britain Provided That there be no clause therein which shall be contrary to their Consciences and the Roman Catholick Religion and if they happen to be Vassals to the King of Great Britain they shall take the same Oath that the Spaniards do XVI That the Laws which are or shall be in England against Religion shall not take hold of the said Servants and onely the foresaid Superior Ecclesiastical Catholick may proceed against Ecclesiastical persons as hath been accustomed by Catholicks And if any Secular Judge shall apprehend any Ecclesiastical person for any offence he shall forthwith cause him to be delivered to the aforesaid Superior Ecclesiastick who shall proceed against him according to the Canon Law XVII That the Laws made against Catholicks in England or in any other Kingdom of the King of Great Britain shall not extend to the Children of this Marriage and though they be Catholicks they shall not lose the right of Succession to the Kingdom and Dominions of Great Britain XVIII That the Nurses which shall give suck to the Children of the Lady Infanta whither they be of the Kingdom of Great Britain or of any other Nation whatsoever shall be chosen by the Lady Infanta as she pleaseth and shall be accounted of her Family and enjoy the priviledges thereof XIX That the Bishop Ecclesiastical and Religious persons of the Family of the Lady Infanta shall wear the Vestment and Habit of their Dignity Profession and Religion after the Custom of Rome XX. For security that the said Matrimony be not dissolved for any cause whatsoever The King and Prince are equally to pass the Word and Honor of a King and moreover that they will perform whatsoever shall be propounded by the Catholick King for further confirmation if it may be done decently and fitly XXI That the Sons and Daughters which shall be born of this Marriage shall be brought up in the company of the most Excellent Infanta at the least until the age of Ten years and shall freely enjoy the right of Successions to the Kingdoms as aforesaid XXII That whensoever any place of either Man-servant or Maid-servant which the Lady Infanta shall bring with her nominated by the Catholick King her Brother shall happen to be void whether by death or by other cause or accident all the said Servants of her Family are to be supplied by the Catholick King as aforesaid XXIII For security that whatsoever is capitulated may be fulfilled The King of Great Britain and Prince Charls are to be bound by Oath and all the Kings Council shall confirm the said Treaty under their hands Moreover the said King and Prince are to give their Faiths in the Word of a King to endeavor if possible That whatsoever is capitulated may be established by Parliament XXIV That conformable to this Treaty all these things proposed are to be allowed and approved of by the Pope tâ—at he may give an Apostolical Benediction and a Dispensation necessary to effect the Marriage The Oath taken
of all such as should serve their Princes with the like loyalty had sent him a Blank signed by himself wherein he might set down his own Conditions both in point of Title and Fortune And this he did in no wise to oblige another Princes Subject but only to give encouragement to honest and faithful proceedings And therefore he would not make these offers in private but open and justifiable to all the world and would accompany all that he should do with a Declaration or Patent That what he had done for the Earl of Bristol was for the fidelity wherewith he had served his own Master Hereunto the Earl made answer That he was sorry and much afflicted to hear such language And desired that they should understand that neither this King nor Spain were beholding to him For whatsoever he had done he thought the same to be fittest for his Masters service and his own honor having no relation to Spain and that he served a Master from whom he was assured both of justice and due reward And nothing doubted but his own Innocencie would prevail against the wrong intended by his powerful Adversaries And were he sure to run into imminent danger he had rather go home and cast himself at his Masters feet and mercy and therein comply with the duty and honor of a faithful Subject though it should cost him his head then be Duke or Infantado of Spain And that with this resolution he would imploy the utmost of his power to maintain the Amity between the two Kings and their Crowns and to serve his Catholick Majesty After he had taken his leave and was ready to come away he had another Profer made unto him in private of Ten thousand Crowns to take with him in his purse to make his way and go through with his troubles if haply his own monies might be seised upon And it was told him no body should know it Yes said he one would know it who he was assured would reveal it to his Majesty viz. the Earl of Bristol himself and it would make him not so clear in his own heart as now he was and so he refused the offer The Match was now truly broken but as yet the breach was not declared nor the Treaty quite fallen to the ground but continued after a languishing manner in the hands of Sir Walter Aston The Spaniards by all Advertisements from England were advised to expect a War and accordingly they went seriously to work and prepared themselves for what might happen And Aston being there upon the place conceived it high time that King Iames should resolve upon some course to allay the storm arising or to go hand in hand with them in equal preparations All that was left alive of the Marriage-business was no more then that those Jewels which the Prince had left at his Farewel were not yet returned But if the Letter then expected from England brought no better Answer to their last Offer concerning the Palatinate then such as they had hither to received they will return the Jewels and declare the Marriage broken For by this time they had received intelligence of the Princes treating a Marriage with a Daughter of France the Lady Henrietta Maria. And so it was that King Iames had lately sent the Lord Kensington afterwards Earl of Holland to enquire covertly whether the Match were feasible before he would enter into a Publick Treaty The Lord Kensington returned this Accompt of his Negotiation That there appeared in the face of that Court an extraordinary sweetness smoothness and clearness towards an Alliance with England The Princess herself was observed seldom to have put on a more cheerful countenance then she had done the first night of his appearance in that Court The Queen though a Daughter of Spain wished this Match more then that intended with her own Sister And the Queen-mother who will have the chief stroke in the business expressed her good will and favor as much as might stand with her Daughters honor For the French observe the aspiring of the King of Spain to the Monarchy of Christendom and his approaches to the Kingdom of France and his encompassing it on all sides And they discern that an Alliance with England is the surest way to oppose the mightiness of that King And upon the same accompt they promised brave assistance to the United Provinces gave great encouragement to Count Mansfield and Duke Christian of Brunswick A Gentleman of the Religion was sent to Liege to offer them the Kings protection if that Town will seek it Nevertheless they have not directly embraced this Overture of Marriage because we have not as yet wholly abandoned the Treaty with Spain lest they should lose the Friendship of a Brother-in-law to gain another which may possibly fail them But they say that their hearts are not capable of more content then to see this Motion upon a Publick Commission and all that may touch upon the way of Spain dissolved Neither are they like to strain us to unreasonable Conditions in favor of the Roman Catholicks in his Majesties Dominions For in that matter their Pulse beats so temperately as to promise a good Crisis therein And in case his Majesty be drawn to banish the Priests and Jesuites and to quicken the Laws against other Catholicks to keep a good Intelligence with his Parliament yet they say they hope he will not tie his hands from some moderate favor to flow hereafter from the mediation of that State which is all they pretend unto for the saving of their honor who otherwise would hardly be reputed Catholicks Thus the Lord Kensington having rendred an accompt of his diligence advised to go on roundly with the Match lest otherwise though never so well affected they be altered with the Arts of Spain For saith he undoubtedly the King of Spain will resolve if possible to oblige one side And as the French do think he may please England with the restitution of the Palatinate so we may think he will please the French with rendring of the Valtoline But without the assistance of Parliament and compliance with the people the King could not go through with those weighty works which he was now to take in hand Now the things which troubled the People were set forth to the King in three particulars As That for the Subsidies granted in the two last Parliaments they received no retributions by Bils of Grace That some of their Burgesses were proceeded against after the Parliament was dissolved And that when they have satisfied the Kings demands he will nevertheless proceed to the conclusion of the Spanish Match Hereupon some of his nearest Council perswaded him to begin the work by removing the peoples Jealousies and to cast away some crums of his Crown amongst them and those crums would work miracles and satisfie many thousands And whereas the aim of the former Treaties was the setling of an universal peace in Christendom
gave you thanks for your general offer by which you did engage your selves in your Lives and Estates which is more then Forty Subsidies if you had named them and more worth then a Kingdom for the strength of a King next under the protection of God stands in the hearts of his people And I must needs say in this particular it is without example that ever any Parliament for a beginning gave to a King so great a supply to be levied in so short a time This may well serve for a preparation And for my part first considering your general offer which is ten times more to me then all Subsidies and next considering that these particulars coming from you be as much as at once you are able to pay in so short a time being within a year and as much as may be well expected Therefore with as much love and as great thanks as a loving and kinde King can give to so loving and dutiful a people I thank you for your offer and do accept it I told you before that I would never have craved your Advice to reject it and so to put a scorn upon you Think me not the Man It is true I think no wise King can undertake so great a bargain but he must well be-think himself before-hand And I account it better that a King advise well before he take a Resolution then advise rashly and after repent Therefore my Lords and Gentlemen I declare unto you That as I am willing to follow your Advice in the annulling and breach of the two Treaties both of the Match and of the Palatinate so on the other part I assure my self you will make good what you have said That what you advise me unto you will assist me with your Wisdom and Council and Forces if need require I pray you have a charitable opinion of me as you are to have of a King who hath so long ruled and governed over you and I may vaunt my self thus far to have done it with Justice and Peace But as I told you before all my forbearance hath been for sparing the effusion of Christian Blood and as the most easie and probable way for recovering the Palatinate for my Children It is true I have been so long delayed and paid with generals that I dare not trust longer unto that which made me erre The Duke of Buckingham made a particular relation unto you of all that business and I am sure such an accompt was never before given in Parliament that thereby you may know what to trust to I could in this case have resolved my self but I thought it could not but be both a strength and honor to me to have the Advice of my people My Lords in the late Parliament I then declared it unto you that I was resolved without respect of Friendship or Match or whatsoever to have the Palatinate one way or other I hope you remember it God is my Judge and Saviour I never had any other end and it is pitty I should live to have any other end and for my part except by such means as God may put into my hands I may recover the Palatinate I could wish never to have been born I am old but mine onely Son is yong and I will promise for my self and him both that no means shall be unused for the recovery of it and this I dare say as old as I am if it might do good to the business I would go in mine own person and think my labor and travel well bestowed though I should end my days there For if I should spare any means possible for the recovery of it then let me not be thought worthy to Reign over you and in good faith I never resolved to live with other minde and I will say more there was never any Enemy of my Son-in-law with whom I talked on of the business or any that I ever spake with of the same which did not say and confess I had reason to have the Palatinate one way or other And when they say that it is good reason and themselves allow it it is a good spur to me to think on it My Lords and Gentlemen thus far assure your selves I will go chearfully about it to prepare all things possible for it and as you have given the means so will I employ them toward it In the next degree I hope you will think of me but that I leave to your own Counsel and Consideration But I protest to God a penny of this Money shall not be bestowed but upon this Work and by your own Committees and I assure my self you will think of me for a double Reason My Customs are likely to fall by occasion of the War and my Charges increase but undertaking the War I must go through with it one way or other though I sell my Jewels and all In the next Session you will consider how this hath been husbanded and according to that think what is next to be done and it will spur you the more to enable me for the rest whereof I spake to you before His Majesty further said I will clear you in some things for I will not deal with you in any thing but fairly and clearly as a King Though I have broken the Necks three of Parliaments one after another I hope that in this Parliament you shall be so resolved of the sincerity of my heart and of your duties and affections that this shall be a happy Parliament and make me greater and happier then any King of England ever was In my last Speech I promised you that if I accepted your offer I would follow your Advice and would not after hearken to any Treaty of Peace without first acquainting you and requiring your Advice and I likewise promised nothing should be spent of your Moneys but by your own Committees But I desire you to understand That I must have a faithful secret Counsel of War that must not be ordered by a multitude for so my designs may be discovered before hand and one penny of this Money shall not be bestowed but in sight of your own Committees But whether I shall send Twenty thousand pounds or Ten thousand pounds whether by Sea or Land East or West by Diversion or otherwise by Invasion upon the Bavarian or Emperor you must leave that to your King Assure your selves my delay hitherto was upon hope to have gotten it without a War I held it by a hair hoping to have gotten it by a Treaty but since I see no certainty that way I hope that God who hath put it into your hearts thus to advise me and into my heart to follow your Advice will so bless it that I shall clear my Reputation from obliquy and in despight of the Devil and all his Instruments shew that I never had but an honest heart And I desire that God would bless our labors for the happy Restitution of my Children and whosoever did the wrong
the Council That both the English and Dutch Ships designed to block up Dunkirk whilst our Fleet was gone to Spain were dispersed by a sudden storm and that Two and twenty Ships of Dunkirk Men of War having Four thousand Land-soldiers were at liberty to rove up and down and do mischief at Sea Hereupon the Council by their Letters to the Lords Lieutenants of the Counties upon the Seacoasts required that the Trained-Bands be in readiness with compleat Armor and other Furniture to march upon all Alarms to what place soever the necessary defence thereof shall require Also upon intelligence that these Two and Twenty Dunkirkers intended to land their Four thousand men in Ireland in case their design failed as to England Letters were expedited to the Lord Deputy of Ireland to guard those Sea-coasts for that it were alike mischievous if they should land in either Kingdom In the beginning of October the Fleet consisting of Eighty Ships great and small the Anne-Royal a Ship of Twelve hundred Tun being Admiral put forth from Plimouth for the Coasts of Spain with these Regiments aboard the Fleet according as we find it mentioned in an old List viz. The Duke of Buckingham's The Lord Wimbleton's Sir William St. Leger's Serjeant-Major-General and Colonel Burrough's Regiments were shipped in the Admirals Squadron which carried 2093 Seamen and 4032 Land-soldiers The Lord Valentia's Regiment The Earl of Essex's and Colonel Harwood's were shipped in the Vice-Admirals Squadron carrying 1765 Seamen and 3008 Land-soldiers The Earl of Essex was Vice-Admiral and commanded this Squadron Sir Charls Rich his Regiment Sir Edward Conway's and Colonel Regiments were shipped in the Rear-Admirals Squadron carrying 1833 Mariners 2998 Soldiers The Fleet after four days sail was encountred with a furious storm which so dissipated the Ships that of Fourscore no less then Fifty were missing for seven days Afterwards they all came together upon the Coasts of Spain where they found a Conquest ready the Spanish Shipping in the Bay of Cadez the taking whereof was granted feasible and easie and would have satisfied the Voyage both in point of honor and profit This was either neglected or attempted preposterously Then the Army landed and Sir Iohn Burroughs took a Fort from the Spaniard but the Soldiers finding good store of Spanish Wines abused themselves and hazarded the ruine of all had the Enemy known in what condition they were notwithstanding all Commands to the contrary So they were presently shipp'd again and the General putting to Sea intended to wait about Twenty days for the Plate-Fleet which was daily expected from the West-Indies But the evil condition of his Men by reason of a general Contagion enforced him to abandon the hopes of this great Prize So the English having effected nothing returned home with dishonor in November following It gave no small occasion of clamor That a Fleet so well provided and manned should land their men in an Enemies Country and return without some honorable Action But where the fault lay hath not been yet adjudged neither was any ever punished for failing in that duty The General for some time was not admitted into the Kings presence and some of the Colonels of his Army accused him and some Seamen aggravated the Accusation The General was examined before the Council and laid the fault on others in the Fleet who let the King of Spain's Ships pass without fighting them according to Order They on the other hand said they had no Order from their General to fight Thus was there fending and proving which contributed little to salve the dishonor which the Nation sustained by this unprofitable and ill-managed Design Upon the Fleets return to Plimouth in December and Consideration of the present use of the Soldiers therein imployed a Proclamation issued forth to command that no Soldiers of the Fleet should depart from their Colours or be discharged of their Service till the King shall signifie his pleasure how and when he will use their further Service So the Forces that returned from Cades were kept on foot and dispersed into several parts of the Kingdom There was also a strict Commandment That no Subject of this Realm of England shall have intercourse of Trade with any of the Dominions of the King of Spain or the Arch-Dutches of Flanders upon pain of Confiscation both of Ships and Goods that shall be found upon Voyage of Trade into any of the said Dominions Moreover in regard of the Subjects apparent danger and the encouragement of the Enemies of this State by putting Ships to Sea being weakly manned and ill furnished the King ordained that none should set forth any Ship or Pinnace of the burthen of Threescore Tuns or upwards unless they furnish the same with serviceable Muskets and Bandaliers sufficient for the arming of half the number of persons that sail therein together with a quantity of Ammunition answerable to the length of their intended Voyage Furthermore for the instructing and exercising of the Trained-Bands as well Officers as Soldiers by men experienced in Military Exercises The King gave Commandment that divers Low-Countrey Soldiers should be assigned to the several Counties and that the Trained-Bands should be ready at the times appointed for their Direction in their Postures and use of Arms. The Plague still continuing in London and Westminster and the places near adjoyning the King to prevent a general infection had adjourned a part of Michaelmas Term from the Utas thereof to the Fourth Return and afterwards to the Fifth and then the residue of the Term from the City of Westminster as also the Receipt of the Revenue from Richmond to the Town of Reading in Berkshire In which Term a Commission issued forth under the Great Seal for executing the Laws against Recusants according to the Petition of the late Parliament which was read in all the Courts of Judicature at Reading Which Commission together with Pricking of Sir Edward Cook and certain other Gentlemen Sheriffs who had appeared the last Parliament against the Duke and being Sheriffs could not be chosen Parliament-men gave occasion of discourse and hopes of a new Parliament At Hampton Court in December following this ensuing Order was made WHereas Four Articles concerning the Oath used to be taken by the High Sheriffs of Counties were this day presented unto the Board unto which Articles Sir Edward Cook Knight at this present High Sheriff of the County of Bucks Did upon tender of the Oath unto him take Exceptions and sent his Exceptions and the Reasons thereof in writing to Mr. Attorny General who by direction of the Board did attend all the Iudges of England to receive their Advice thereupon and the said Iudges having advised thereof did with one unanimous consent Resolve and so Report to the Lord Keeper That they found no cause to alter the said Oath but onely in one of the said Articles hereafter mentioned It is thereupon this day Ordered by their
to the performance of this weighty and publick Charge wherein as I do and shall to the end most humbly desire your gratious acceptance of my good intentions and endeavors So I could not but gather some confidence to my self that your Majesty will look favorably upon the works of your own hands And in truth besides this particular these publick things which are obvious to every Understanding are so many Arguments of Comfort and Encouragement where I contemplate and take a view of those great and inestimable blessings which by the goodness of God we do enjoy under your Majesties most pious and prudent Government If we behold the frame and the face of the Government in general we live under a Monarchy the best of Governments the nearest resemblance unto the Divine Majesty which the Earth affords the most agreeable to Nature and that in which other States and Republicks do easily fall and reverse into the Ocean and are naturally dissolved as into their Primam Materiam The Laws by which we are governed are above any value my words can set upon them time hath refined and approved them they are equal at least to any Laws Humane and so curiously framed and fitted that as we live under a temperate climate so the Laws are temperate yielding a due observance to the Prerogative Royal and yet preserving the Right and Liberty of the Subject That which Tacitus saith of two of the best Emperors Res olim insociabiles miscuerunt imperium libertas and so far is this from the least diminution of Soveraigns that in this your Majesty is truly stiled Pater Patriae and the greatest King in the World that is King of such and so many Free-born Subjects whose persons you have not onely power over but which is above the greatest of Kings to command their hearts If time or corruption of manners breed any Mists or Grievance or discover any defects in the Law they are soon reformed by Parliament the greatest Court of Justice and the greatest Council of the Kingdom to which all other Courts and Councils are subordinate Here your Royal Person sits inthroned in the Seat of Majesty attended by a Reverend and Learned Prelacy a great and full Nobility inthroned like Stars in the Firmament some of a greater some of a lesser magnitude full of light and beauty and acknowledging to whom they owe their lustre and by a choise number of worthy Knights and Gentlemen that represent the whole body of your Commons But to leave generals We live not under a Monarchy only the best of Goverments and under a Government the best of Monarchies but under a King the best of Monarchs Your Royal Person and those eminent graces and vertues which are inherent in your Person in whom Greatness and Goodness contend for superiority it were presumption in me to touch though with never so good a meaning they will not be bounded within the narrow compass of my discourse And such Pictures of such a King are not to be made in Limning but for Publick things and actions which the least eye may see and discern and in them obliquely and by reflexion cheerfully and with comfort behold your Person What Age shall not record and eternise your Princely magnanimities in that Heroick action or venturous Journey into Spain or hazarding your Person to preserve the Kingdom Fathers will tell it to their children in succession After-ages will then think it a Fable Your piety to the Memory of your dear Father in following and bedewing his Herse with your tears is full in every mans memory The Publick Humiliation when Gods hand lay heavy upon us and the late Publick Thanksgiving to Almighty God for removing his hand both commanded and performed in person by your Majesty is a work in piety not to be forgotten and I trust the Lord will remember them and reward them with mercy and blessing to your Majesty and the whole Kingdom Your love to Justice and your care in the administration of Justice we all behold with comfort and rejoice to see it The great Courts of Justice from the highest to the lowest furnished with Judges of that wisdom and gravity learning and integrity The Thrones of Kings are established by Justice and may it establish and I doubt not but it will establish the Throne of your Majesty in your Person and in your Royal Line to the end of time But above all and indeed it is above all as far as Heaven is distant from Earth your care and zeal for the advancement of Gods true Religion and Worship are cleerly and fully exprest and do appear both in your Person and by your many Publick Acts and Edicts It is true that is said of Princes Quod faciunt praecipiunt Of your Majesty both are true and a Proposition made convertible We have received a most gracious Answer from your Majesty to all our late Petitions concerning Religion seconded with a Publick Declaration under the Great Seal and Inrolled in all the Courts of Justice for your Royal pleasure and direction to awaken and put life into these Laws by a careful Execution with provision that the Penalties be not converted to your Private Coffers and yet the Coffers of Kings are not Private Coffers but by your express direction set apart to Publick uses such as concern the immediate Defence of the Kingdom wherein we all have our share and interest Your Royal Proclamation hath commanded those Romish Priests and Jesuites to Banishment those Incendiaries that infect the State of this Church and Commonwealth Their very entrance into this Kingdom is by a just and provident Law made Treason their aims being in truth how specious soever their pretences be nothing else but to plot and contrive Treason against the State and to seduce your Natural born Subjects from their true obedience nourishing in their posterities Factions and Seditions Witness those many Treasons and Conspiracies against the person of that glorious Lady whose memory will never die and that horrible matchless Conspiracie the Powder-Treason the Master-piece of the Devil But God that preserved her and your Royal Father against all their treacherous Conspiracies and hath given you a heart to honor him will honor and preserve you Religion will more truly keep your Kingdoms then the Seas do compass them It is the joy of heart to your Majesties loyal and well-affected Subjects and will ever be the honor of your Regal Diadem and the Crown of your Crown The Spanish Invasion in Eighty Eight I hope will ever be remembred in England with thankful acknowledgment to God for so great a deliverance And I assura my self it is remembred in Spain but with another mind a mind of Revenge they are too constant to their Counsels to acquit their Resolutions and Purposes that drew on that Attempt It was long before discovered and since printed not without their liking That they affect an Universal Monarchy Videor mihi vidore saith Lipsius of their State Solem
not but to give you an honest accompt of all my Actions herein And if I shall first to my grave I desire if you find me cleer the reputation of an Honest man and an English-man may attend me thereunto Thus I rest Your dutiful and humble Servant SAMUEL TURNER To the Honorable Sir Henage Finch Speaker of the House of Commons The Monday following Sir W. Walter if the Name be not miswritten in our Collections represented to the House That the Cause of all the Grievances was for that according as it was said of Lewis the Eleventh King of France All the Kings Council rides upon one horse And therefore the Parliament was to advise his Majesty as Iethro did Moses to take unto him Assistants with these qualities 1. Noble from among all the People not Upstarts and of a Nights growth 2. Men of Courage such as will execute their own Places and not commit them to base and undeserving Deputies 3. Fearing God who halt not betwixt two opinions or incline to False worship in respect of a Mother Wife or Father 4. Dealing truly for Courtship Flattery and Pretence become not Kings Councellors but they must be such as the King and Kingdom may trust 5. Hating Covetousness No Bribers nor Sellers of Places in Church or Commonwealth much less Honors and Places about the King and least of all such as live upon other mens ruines 6. They should be many set over Thousands Hundreds Fifties and Tens one Man not ingrossing all Where there is abundance of Counsel there is Peace and Safety 7. They must judge of small matters the greater must go to the King himself not all to the Council much less any one Counsellor must alone manage the whole weight but Royal actions must be done only by the King 8. Lastly Moses chose them Elders not Young men Solomon by miracle and revelation was wise being young but neither his Son nor his young Counsellors had that priviledge No more is it expected in any of our Counsellors until by age and experience they have attained it Sir Iohn Elliot continued the Debate and thus spake WE have had says he a representation of great fear but I hope that shall not darken our understandings There are but two things considerable in this business First the Occasion of our Meeting and secondly the present State of our own Country The first of these we all know and it hath at large been made known unto us and therefore needeth no dispute The latter of these we ought to make known and draw and shew it as in a Perspective in this House For our wills and affections were never more clear more ready as to his Majesty but perhaps bauk'd and check'd in our forwardness by those the King intrusts with the affairs of the Kingdom The last Action was the Kings first Action and the first Actions and Designs of Kings are of great observance in the eye of the World for therein much dependeth the esteem or disesteem of their future proceedings And in this Action the King and Kingdom have suffered much dishonor We are weakned in our strength and safety and many of our men and ships are lost This great Design was fixed on the person of the Lord General who had the whole Command both by Sea and Land And can this great General think it sufficient to put in his Deputy and stay at home Count Mansfield's Actions were so miserable and the going out of those men so ill managed as we are scarce able to say they went out That handful of men sent to the Palatinate and not seconded what a loss was it to all Germany We know well who had then the Kings ear I could speak of the Action of Algier but I will not look so far backward Are not Honors now sold and made despicable Are not Judicial Places sold and do not they then sell Justice again Vendere jure potest emerat ille prius Tully in an Oration against Verres notes That the Nations were Suitors to the Senate of Rome that the Law De pecuniis repetundis might be recalled Which seems strange that those that were Suitors for the Law should seek again to repeal it but the reason was it was perverted to their ill So it is now with us besides inferior and subordinate persons that must have Gratuities they must now feed their great Patrons I shall to our present Case cite two Presidents The first is 16 H. 3. The Treasure was then much exhausted many Disorders complained on the King wronged by some Ministers many Subsidies were then demanded in Parliament but they were denied And then the Lords and Commons joined to desire the King to reassume the Lands which were improvidently granted and to examine his great Officers and the Causes of those Evils which the People then suffered This was yielded unto by the King and Hugo de Burgo was found faulty and was displaced and then the Commons in the same Parliament gave Supply The second President was in the Tenth year of Richard the Second Then the Times were such and Places so changeable that any great Officer could hardly sit to be warmed in his Place Then also Monies had been formerly given and Supply was at that Parliament required but the Commons denied Supply and complained that their Monies were misimployed That the Earl of Suffolk then overruled all and so their Answer was They could not give And they petitioned the King that a Commission might be granted and that the Earl of Suffolk might be examined A Commission at their request was awarded and that Commission recites all the Evil then complained of and that the King upon the Petition of the Lords and Commons had granted that Examination should be taken of the Crown-Lands which were sold of the Ordering of his Houshold and the Disposition of the Jewels of his Grandfather and Father I hear nothing said in this House of our Jewels nor will I speak of them but I could wish they were within these walls We are now in the same case with those former Times we suffer alike or worse And therefore unless we seek redress of these great Evils we shall find disability in the wills of the People to grant I wish therefore that we may hold a dutiful pursuance in preparing and presenting our Grievances For the Three Subsidies and Three Fifteens which are proposed I hold the proportion will not suit with what we would give but yet I know it is all we are able to do or can give and yet this is not to be the stint of our affections but to come again to give more upon just occasions In the heat of these Agitations the Commons notwithstanding remembred the Kings Necessities and took the matter of Supply into consideration and Voted Three Subsidies and Three Fifteens to be paid the last day of Iune and the last of October next following and that the Act be brought in as soon as Grievances are
presented to and answered by the King And the Commons the same day resumed the Debate again concerning the Duke and Misgovernment and Misimployment of the Revenue c. Ordered the Duke to have notice again thereof The next day the King sent a Message to the House of Commons That they do to morrow at Nine of the clock attend his Majesty in the Hall at Whitehall and in the mean time all Proceedings in the House and Committee to cease Where his Majesty made this ensuing Speech My Lords and Gentlemen I Have called you hither to day I mean both Houses of Parliament but it is for several and distinct reasons My Lords you of the Upper House to give you thanks for the Care of the State of the Kingdom now and not only for the Care of your own Proceedings but for inciting your Fellow-House of the Commons to take that into their consideration Therefore my Lords I must not only give you thanks but I must also avow that if this Parliament do not redound to the good of this Kingdom which I pray God it may it is not your faults And you Gentlemen of the House of Commons I am sorry that I may not justly give the same thanks to you but that I must tell you that I am come here to shew you your errors and as I may call it Unparliamentary proceedings in this Parliament But I do not despair because you shall see your faults so cleerly by the Lord Keeper that you may so amend your Proceeding that this Parliament shall end comfortably and happily though at the beginning it hath had some rubs Then the Lord Keeper by the Kings command spake next MY Lords and you the Knights Citizens and Burgesses of the House of Commons You are here assembled by his Majesties commandment to receive a Declaration of his Royal pleasure which although it be intended only to the House of Commons yet his Majesty hath thought meet the matter being of great weight and importance it should be delivered in the presence of both Houses and both Houses make one General Council And his Majesty is willing that the Lords should be Witnesses of the Honor and Justice of his Resolutions And therefore the Errand which by his Majesties direction I must deliver hath relation to the House of Commons I must address my self therefore to you Mr. Speaker and the rest of that House And first his Majesty would have you to understand That there was never any King more loving to his People or better affectioned to the right use of Parliaments then his Majesty hath approved himself to be not only by his long patience since the sitting down of this Parliament but by those mild and calm Directions which from time to time that House hath received by Message and Letter and from his Royal mouth when the irregular humors of some particular persons wrought diversions and distractions there to the disturbance of those great and weighty Affairs which the Necessity of the Times the honor and safety of the King and Kingdom called upon And therefore his Majesty doth assure you that when these great Affairs are setled and that his Majesty hath received satisfaction of his reasonable Demands he will as a just King hear and answer your just Grievances which in a dutiful way shall be presented unto him and this his Majesty doth avow Next his Majesty would have you know of a surety That as never any King was more loving to his People nor better affectioned to the right use of Parliaments so never King more jealous of his Honor nor more sensible of the neglect and contempt of his Royal Rights which his Majesty will by no means suffer to be violated by any pretended colour of Parliamentary Liberty wherein his Majesty doth not forget that the Parliament is his Council and therefore ought to have the liberty of a Council but his Majesty understands the difference betwixt Council and Controlling and between Liberty and the Abuse of Liberty This being set down in general his Majesty hath commanded me to relate some particular passages and proceedings whereat he finds himself agrieved First Whereas a seditious speech was uttered amongst you by Mr. Cook the House did not as they ought to do censure and correct him And when his Majesty understanding it did by a Message by Mr. Chancellor of the Exchequer delivered to the House require Justice of you his Majesty hath since found nothing but protracting and delaies This his Majesty holds not agreeable to the wisdom and the duty which he expected from the House of Commons Secondly Whereas Doctor Turner in a strange Unparliamentary way without any ground of knowledge in himself or offering any particular proof to the House did take upon him to advise the House to enquire upon sundry Articles against the Duke of Buckingham as he pretended but in truth to wound the Honor and Government of his Majesty and of his renowned Father And his Majesty first by a Message and after by his own Royal mouth did declare That that Course of Enquiry was an Example which by no way he could suffer though it were against his meanest Servant much less against one so neer him and that his Majesty did much wonder at the foolish insolencie of any man that can think that his Majesty should be drawn out of any end to offer such a Sacrifice so unworthy of a King or a good Master Yet for all this you have been so far from correcting the Insolencie of Turner that ever since that time your Committees have walked in the steps of Turner and proceeded in an Unparliamentary Inquisition running upon generals and repeating that whereof you have made Fame the groundwork Here his Majesty hath cause to be exceeding sensible that upon every particular he finds the Honor of his Father stained and blemished and his own no less and withal you have manifested a great forwardness rather to pluck out of his bosom those who are neer about him and whom his Majesty hath cause to affect then to trust his Majesty with the future reformation of these things which you seem to aim at And yet you cannot deny but his Majesty hath wrought a greater Reformation in matters of Religion Execution of the Laws and concerning things of great importance then the shortness of his Reign in which he hath been hindred partly through sickness and the distraction of things which we could have wished had been otherwise could produce Concerning the Duke of Buckingham his Majesty hath commanded me to tell you That himself doth better know then any man living the sincerity of the Dukes proceedings with what cautions of weight and discretion he hath been guided in his publick Imployments from his Majesty and his blessed Father what Enemies he hath procured at home and abroad what peril of his person and hazard of his estate he ran into for the service of his Majesty and his ever blessed Father and how
Wales and for the Office of General-Governor of the Seas and Ships of the said Kingdoms and for the Surrender of the said Offices then made to the said King by the said Earl of Nottingham being then Great Admiral of the said Kingdoms and Principality and General-Governor of the Seas and Ships to the intent the said Duke might obtain the said Offices to his own use the sum of Three thousand pounds of lawful Money of England and did also about the same time procure from the said King a further Reward for the Surrender of the said Office to the said Earl of an Annuity of One thousand pounds by the year for and during the life of the said Earl and by the procurement of the said Duke the said late King of Famous memory did by his Letters Patents dated the Seven and twentieth of Ianuary in the said year of his Reign under the Great Seal of England grant to the said Earl the said Annuity which he the said Earl accordingly had and enjoyed during his life and by reason of the said sum of Money so as aforesaid paid by the said Duke And of his the said Dukes procurement of the said Annuity the said Earl of Nottingham did in the same Moneth surrender unto the said late King his said Offices and his Patents of them and thereupon and by reason of the premisses the said Offices were obtained by the Duke for his life from the said King of Famous Memory by Letters Patents made to the said Duke of the same Offices under the Great Seal of England dated the Eight and twentieth day of Ianuary in the said Sixteenth year of the said late King And the said Offices of Great Admiral and Governor as aforesaid are Offices that highly touch and concern the Administration and Execution of Justice within the provision of the said Laws and Statutes of this Kingdom which notwithstanding the said Duke hath unlawfully ever since the first unlawful obtaining of the said Grant of the said Offices retained them in his hands and exercised them against the Laws and Statutes aforesaid III. The said Duke did likewise in or about the beginning of the Moneth of December in the Two and twentieth year of the said late King Iames of Famous memory give and pay unto the Right Honorable Edward late Lord Zouch Lord Warden of the Cinque Ports and of the Members thereof and Constable of the Castle of Dover for the said Offices and for the Surrender of the said Offices of Lord Warden of the Cinque Ports and Constable of the said Castle of Dover to be made to the said late King of Famous memory the sum of One thousand pounds of lawful Money of England and then also granted an Annuity of Five hundred pounds yearly to the said Lord Zouch for the life of the said Lord Zouch to the intent that he the said Duke might thereby obtain the said Offices to his own use And for and by reason of the said sum of Money so paid by the said Duke and of the said Annuity so granted to the said Edward Lord Zouch he the said Lord Zouch the Fourth day of December in the year aforesaid did surrender his said Offices and his Letters Patents of them to the said late King And thereupon and by reason of the premisses he the said Duke obtained the said Offices for his life from the said late King by his Letters Patents under the Great Seal of England dated the Sixth day of December in the said Two and twentieth year And the said Office of Lord Warden of the Cinque Ports and of the Members thereof is an Office that doth highly touch and concern Administration and Execution of justice and the said Office of Constable of the Castle of Dover is an Office that highly concerneth the keeping and defence of the Town and Port and of the said Castle of Dover which is and hath ever been appointed for a most eminent place of strength and defence of this Kingdom which notwithstanding the said Duke hath unlawfully ever since this first unlawful obtaining of the said Office retained them in his hands and exercised them against the Laws and Statutes aforesaid These Three Articles were discoursed upon by Mr. Herbert and touching Plurality of Offices he observed That in that vast power of the Duke a young unexperienced man there is an unfortunate complication of Danger and Mischeif to the State as having too much ability if he be false to do harm and ruine the Kingdom and if he be faithful and never so industrious yet divided amongst so many great places whereof every one would employ the industry of an able and provident man there must needs be in him an insufficiency of performance or rather an impossibility especially considering his necessary attendance likewise upon his Court places To the Second and Third namely The buying the Office of Admiralty and Cinque-Ports both which he comprised in one he said That to set a price upon the Walls and Gates of the Kingdom is a Crime which requires rather a speedy remedy than an aggravation and is against the express Law of 5 Edw. 6. upon this foundation That the buying of such places doth necessarily introduce corrupt and insufficient Officers And in the Parliament of 12 Edw. 4. it is declared by the whole Assembly That they who buy those places these are the express words binde themselves to be Extortioners and Offenders as if they pretended it warrantable or as if they did lay an Obligation upon themselves to sell again And though the buying of such places be not against any particular Law enjoyning a penalty for them the breach whereof is a particular Offence yet as far as they subvert the good and welfare and safety of the people so far they are against the highest Law and assume the nature of the highest Offences IV. Whereas the said Duke by reason of his said Offices of Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of Admiral of the Cinque Ports and General Governor of the Seas and Ships of the said Kingdoms and by reason of the trust thereunto belonging ought at all times since the said Offices obtained to have safely guarded kept and preserved the said Seas and the Dominion of them and ought also whensoever there wanted either Men Ships Munition or other strength whatsoever that might conduce to the better safeguard of them to have used from time to time his utmost endeavor for the supply of such wants to the Right Honorable the Lords and others of the Privy Council and by procuring such supply from his Soveraign or otherwise He the said Duke hath ever since the dissolution of the two Treaties mentioned in the Act of Subsidies of the One and twentieth year of the late King Iames of Famous memory that is to say the space of Two years last past neglected the just performance of his said Office and Duty
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
their Lordships as followeth YOur Lordships may have observed how in handling the former Articles I have in my Discourse used the method of time which I hold to be best for the discovery of the truth I shall therefore by your Lordships patience whereof now I have had some good experience use the like order in my enlargment upon these later Articles touching which that which I have to say is thus In or about the Two and twentieth year of the reign of our late dear Soveraign Lord King Iames of famous memory there being then a Treaty between our said late Soveraign and the French King for a Marriage to be had between our then most Noble Prince now our most gratious King and the French Kings Sister our now Queen and for entring into an Active War against the King of Spain and his Allies in Italy and the Valtoline Our said late Soveraign passed some promise to the French Kings Ambassador here the Marquess D' Effiat for procuring or lending some Ships to be employed by the French in that Service upon reasonable conditions but without thought or intent that they should be employed against the Rochellers or any others of our Religion in France For it was pretended by the French Kings Ministers to our King That the said Ships should be employed particularly against Genoa and not otherwise But afterwards some matter of Suspition breaking forth from those of our Religion in France that the Design for Italy was but a pretence to make the Body of an Army fall upon the Rochellers or other of our Religion in that Kingdom the King grew so cautious in his Conditions that as he would perform his promise to lend his Ships so to preserve those of our Religion he contracted or gave directions that the greater part of the Men in the same Ships should be English whereby the power of them should be ever in his hands And the Duke of Buckingham then and yet Lord Great Admiral of England well knowing all this to be true pretended he was and would be very careful and proceed with art to keep the said Ships in the hands of our King and upon our own Coasts and yet nevertheless under hand he unduly intended practised and endeavored the contrary For afterwards by his direction or procurement in or about the Two and twentieth year aforesaid a Ship of his Majesties called the Vantguard being of his Majesties Royal Navy was allotted and appointed to be made ready for the service of the French King and seven other Merchants Ships of great burthen and strength belonging to several persons Natural Subjects of our said late Soveraign Lord were by the Dukes direction impressed as for the service of his said late Majesty and willed to make themselves ready accordingly The Names and Tunage of the said Seven Merchants Ships were as followeth 1. The Great Neptune whereof Sir Ferdinando Gorge was Captain 2. The Industry of the burthen of Four hundred and fifty Tuns whereof Iames Moyer was Captain 3. The Pearl of Five and forty Tuns Anthony Tench was Captain 4. The Marigold of Three hundred Tuns Thomas Davies Captain 5. The Loyalty of Three hundred Tuns Iasper Dare Captain 6. The Peter and Iohn of Three hundred and fifty Tuns Iohn Davies Captain 7. The Gift of God of Three hundred Tuns Henry Lewen Captain Also about the same time a Contract was made by and between Sir Iohn Cooke and other the Commissioners of his Majesties Navy as on behalf of his Majesty for his said Ship the Vantguard and on behalf of the Captains Masters and Owners of the said Seven Merchants Ships but without their privity or direction for the service of the French King upon conditions to be safe and reasonable for our King this Realm and State as also for the said Captains Masters and Owners of the said seven Merchants Ships and for the Companies For Sir Iohn Cooke drew the Instructions for the Direction of the said Contract which Instructions passed and were allowed by the King and such of the Council as were made acquainted therewith and used in this business In which Instructions as Sir Iohn Cooke hath since alleaged in the House of Commons there was care taken for provision to be made that the said Ship of his Majesty called Vantguard should not serve against the City or Inhabitants of Rochel or those of the Religion in France nor take into her more men of the French then she could from time to time be well able to command and master But whether the Instructions for the Merchants Ships and the Kings said Ship were all one is not yet cleared unto the Commons howbeit it appeareth not but that the intent of our King and State was to be a like careful for both Nevertheless a Form of Articles dated the Five and twentieth day of March in the Three and twentieth year of his said late Majesties raign was prepared ingrossed and made ready to be sealed without the knowledge of the Captains Masters and Owners of the said Merchants Ships between the said Marquess D' Effiat the Ambassador on the one part and the several Owners of the said Merchants Ships respectively on the other part viz. A several Writing or Instrument for every of the said Ships respectively whereby amongst other things as by the same appeareth it was covenanted and agreed by and on the part and behalf of the owners to and with the said Marquess D' Effiat to this effect namely 1. That their said Ships respectively with a certain number of men for every of them limitted with Ordnance Munition and other necessaries should be ready for the French Kings service the Thirteenth of April then next following 2. That they should go on in that Service under a French General to be as Captain in every of the said Merchants Ships respectively of the appointment of the French King or his Ambassador 3. That they should serve the French King against any whomsoever but the King of Great Britain 4. That they should take in as many Soldiers into their said several Ships as they could stow or carry besides their Victual and Apparel 5. That they should continue six moneths or longer in the Service so that the whole time did not exceed eighteen moneths 6. That they should permit the French to have the absolute Command of their Ships for Fights and Voyages And it was amongst the said Articles besides other things Covenanted and agreed by the said Marquess D' Effiat as for and on the behalf of the French King to this effectly namely I. That there should be paid to every owner a moneths freight in hand after the rate agreed on and freight for two moneths more after the same rate within Fifteen days after the date of the Articles the computation of the moneths to begin from the 28 of March II. And that the Ships should be ready in a certain form prescribed at the end of the Service When all things were in a
his hands great sums which were intendded by his Majesty to be disbursed for the preparing furnishing and victualling of his Royal Navy by which secret and colourable devices the constant and ordinary course of the Exchequer hath been broken there being no means by matter of Record to charge either the Treasurer or Victualler of the Navy with those sums which ought to have come to their hands and to be accompted for to his Majesty and such a confusion and mixture hath been made between the Kings Estate and the Dukes as cannot be cleared by the Legal Entries and Records which ought to be truely and faithfully made and kept both for the safety of his Majesties Treasure and for the indempnity of his Officers and Subjects whom it doth concern And also in the Sixteenth year of the said King and in the Twentieth year of the said King he did procure to himself several Releases from the said King of divers great sums of the Money of the said King by him privately received and which he procured that he might detain the same for the support of his Places Honors and Dignities And these things and divers other of the like kinde as appeareth in the Schedule annexed hath he done to the exceeding diminution of the Revenues of the Crown and in deceit both of our Soveraign Lord the King that now is and of the late King Iames of famous memory and to the detriment of the whole Kingdom Before Mr Sherland entred to open and enlarge upon the Twelfth Article he discoursed in general concerning Honors mentioned in the preceding Article and spake as followeth My Lords IT hath pleased God who hath the disposing even of all things in his hands to cast this service now upon me who did formerly my endeavor to decline it considering the weightiness of the business the greatness of this presence and my manifold defects best known to my self But another that should have with better contentment I doubt not performed this service being fallen now sick there is a necessity imposed on me by the House of Commons wherein I shall be very plain and short according to the warning I had yet I shall deal plainly and faithfully according to the sense of that House by whose command I now appear And since I am now thrust as a Bush into the Gap I hope your Lordships will not expect such a composure and strength of Speech which you have had from others of my Companions The Subject that falls to my lot to speak of before your Lordships are Honor and Iustice two great Flowers of the Crown I confess my self exceeding unfit and unable to speak of these Points before so great an Assembly of such Persons of so great Honor and such Superior Judges of this Kingdom but I must take my Lot It pleaseth your Lordships as in Sphere to take knowledge of the Grievances presented by the Commons House which I desire and hope your Lordships will not take presumption May it please your Lordships the parts of this Charge as you discern upon the reading of it are two the one general the other particular The general is perverting the ancient and noble course of attaining to the Titles of Honor. 2. The other the compulsion or inforcement of men unwilling to purchase Honor. For the first by way of Protestation I am commanded by the House of Commons to say that they repine not at their advancement upon whom those Honors were conferred but they think them worthy thereof yet they wish for their sakes and the safety of this Nation their vertues had solely raised them and that they had not been forced and constrained to contribute to this bottomless Gulf to attain their Titles They complain again of this unworthy way brought in by this great man they fall upon this in this manner and found the Evils under which the Commonwealth suffers and the Causes of them being two principal Evils which are the decay and stopping of the Trade and the Determination of Honor. In examination of which second Evil the Trade and Comerce of Honor we have as the Commons do conceive confitentem reum For he endeavouring to colour the matter sayes for himself That he was not the onely introducer and first bringer in of this but they finde that he was the first that defiled this Virgin of Honor so publickly making an accompt that all things and persons should stoop and subject themselves to his vain desires and extravagancy Now that this comerce of Honor is an Offence then to prove what kinde of Offence it is is the onely thing I shall trouble your Lordships with 1. And first that it is an Offence I shall draw my first Argument from the Nature of Honor Honor is a Beam of Vertue now this Honor can be no more fixed upon an undeserving Person for Money then Fire can be struck out of a Stick 2. From the Suject of Honor which is Merit for the which no price ought to be paid to any great man by any undeserving person for the same but their own merit and desert Then he passed to the Grievances which are caused by the selling of Titles and they are Three 1. First it is prejudicial to the Noble Barons of this Kingdom 2. To the King by disabling him to reward extraordinary vertues 3. To the Kingdom which comprehends both King Lords and people For the first He said he would not trouble their Lordships with recital how Ancient how Famous the Degree of Barons hath been in these Western Monarchies He said the Baronage of England hath longer upheld that Dignity and doth yet retain a greater height then in any other Nation they are great Judges a Court of the last resort they are great Counsellors of State and not onely for the present but as Law-makers Counsellors for the time to come and this not by Delegacy and Commission but by Birth and Inheritance So that when any man shall be made a Member of this great Body who is not qualified for the performance of such noble Functions it must needs be a prejudice to the whole body and dishonor to the head As if a little water be put into a great vessel of Wine as it receives spirit and strength from the Wine so it doth impart some degrees of its own infirmity and coldness to the Wine Secondly It is prejudicial to the King not that it can disable him from giving Honor for that is a power inseparable but by making Honor ordinary it becomes as an incompetent Reward for extraordinavertue when men are made noble they are taken out of the Press of the common sort and how can it chuse but fall in estimation if Honor it self be made a Press Thirdly It is prejudicial to the Kingdom the Stories and Records are full of the great assistance which the Crown hath received from the Barons both in Forein and Domestick Actions not onely by their own persons but by their Retinue and
to convey them to the Treasury of the Navy If the truth be according to the Privy-seal they are to be added to the former Total as parcel of his own gain If according to that allegation it may prove a president of greater damage to the King then the money is worth for by this way his Majesty hath no means by matter of Record to charge the Treasurer of the Navy with these sums and may lose the benefit of the Act of Parliament 13 Eliz. whereby Accomptants Lands are made liable to the paiment of their Debts to the King and in many cases may be sold for his Majesties satisfaction The Treasurer of the Navy is a worthy man but if he should die the King loseth the benefit The fourth point of this branch is That he hath caused so great a mixture and confusion between the Kings Estate and his own that they cannot be distinguished by the Records and Entries which ought to be kept for the safety of his Majesties Treasure and indempnity of the Subject This is proved in divers instances whereof the last alleaged is one and others follow By the wisdom of the Law in the constitution of the Exchequer there be three Guards set upon the Kings Treasure and Accompts The first is a legal Impignoration whereby the Estates personal and real of the Accomptants are made liable to be sold for the discharge of their Debts which I mentioned before The second an apt Controlment over every Office by which the King relies not upon the industry and honesty of any one man but if he fail in either it may be discovered by some other sworne to take notice of it and either to correct his Errors or amend his Faults The third is a durable Evidence and Certainty not for the present time only but for perpetuity because the King can neither receive or pay but by Record All these Guards have been broken by the Duke both in the Cases next before recited and in these which follow The Custom of the Exchequer is the Law of the Kingdom for so much as concerneth the Kings Revenue Every breach of a Law by a particular offence is punishable but such an offence as this being destructive of the Law itself is of a far higher nature The fifth point of this second branch is concerning two Privy-seals of Release the one 16 the other 20 Iac. whereby this Duke is discharged of divers sums secretly received to his Majesties use but by vertue of these Releases to be converted to the support of his own Estate The proof hereof is referred to the Privy-seals themselves From which he made one observation of the subtilty he used to winde himself into the possession of the Kings money and to get that by cunning steps and degrees which peradventure he could not have obtained at once A good Master will trust a Servant with a greater sum that is out of his purse then he would bestow upon him being in his purse and yet after it is out of his hands may be drawn more easily to make a Release then at first to have made a Free gift This is a proper instance to be added to the proof of the point of mingling his own Estate with the Kings and of the same kind be other particulars mentioned in the Schedule though not expressed in the Charge as Twenty thousand pounds received in Composition for the Earl of M. his Fine which cannot be discovered whether part or all be converted to the Dukes benefit and yet it appears by a Privy-seal to be cleerly intended to the Kings own service for the Houshold and Wardrobe till by the Dukes practice it was diverted into this close and by-way Another instance in this is His endeavor to get the money which should be made of Prize-goods into his own hands And for this purpose he first labored to procure that his man Gabriel Marsh might receive it and when it was thought fit some Partner should be joined with him trial was made of divers but none of any credit would undertake the Charge with such a Consort And the Commons have reason to think there was good cause of this refusal for he is so ill an Accomptant that he confessed in their House being examined that by authority from the Duke he received divers bags of gold and silver out of the S. Peter of Newhaven which he never told When this practice of imploying his own man would take no effect then he procured a Commission from Sir William Russell who is indeed without exception an able and worthy Officer but that is not enough for the Kings security For howsoever he was to receive the money it was to be disbursed by and to the Dukes warrant and profit Which Clause hath been altered since this was questioned in Parliament and now it is to be issued from an immediate Warrant from his Majesty But as it was before it may be noted as an incroachment upon the Office of my Lord Treasurer whereby he might make a more easie way to some sinister end of his own so that upon the matter Sir William was but a safeguard of the money for the Duke himself And this I must note of some guilt in the very act of it The last point upon this whole Charge was a reduction of the value of the Land together with the mony into one totall and to that purpose he rated the Land being valued at a reasonable value at forty years purchase for although some of it was sold for thirty yet a great part was worth more then a hundred years purchase so as forty years is conceived to be an easy Medium at this rate 3035 l. amounteth to 121400 l. which being added to the total of the mony received 162995 l. both together make the sum of 284395 l. besides the Forrest of Leyfeild and besides the profit made out of the thirds of Strangers goods and the Moyetie of the profit made out of the Customes of Ireland This is a great sum in it self but much greater by many Circumstances if we look upon the time past never so much came into any private mans hands out of the publique purse if we respect the time present the King never had so much want never so many forreign occasions important and expensive the Subjects never have given greater supplies and yet those supplies unable to furnish these expences But as the Circumstances make the sum greater so there be other Circumstances which make it less if it be compared with the inestimable gain he hath made by the sale of Honors and Offices and by projects hurtfull to the State both of England and Ireland or if it be compared to his profusion it will appear but a little sum All these gifts and other ways of profit notwithstanding he confest before both Houses of Parliament that he was indebted 100000 l. If this be true how can we hope to satisfie his prodigality if false how can we hope to satisfie
his Covetousness and therefore their Lordships need not wonder if the Commons desire and that earnestly to be delivered from such a Grievance That this complaint and proceedings of theirs may appear to be suitable to the proceedings of their Predecessors in like Cases he alleaged three Presidents which he said were Presidents in kinde but not in proportion because there hath never been the like The first 10 Rich. 2. in the Complaint against Michael de la Pool Earl of Suffolk out of which he took Three Articles the first That being Chancellor and sworn to the Kings profit he had purchased divers Lands from the King more then he had deserved and at an under rate yet this was thought to be an offence against the State The second That he had bought of one Tydman an Annuity of Five hundred pound per annum which Grant was void by the Laws yet he being Chancellor procured the King to make it good by a new Grant upon Surrender of the old This was complained of in Parliament and there punished The third Whereas the Master of St. Anthonies being a Schismatick had forfeited his Possessions into the Kings hand this Earl took them in Farm at Twenty Marks a year converting the overplus which was One thousand Marks to his own profit which should have come to the King The next President II Rich. 2. in the Judgment against Robert de Vere of Oxford and others out of which he took two Articles the Fifth and the Seventh The Fifth was for taking Mannors and Lands annexed to the Crown whereby they themselves were inriched and the King made poor the Seventh was for intercepting the Subsidies granted for the defence of the Kingdom The third President is that of 28 Hen. 6. in the Parliament Roll out of the Complaint against William de la Pool Duke of Suffolk Article 29. That he being next and primest of Council to the King he had procured him to grant great Possessions to divers persons whereby the King was much impoverished the expence of his House unpaid Wages Wardrobe Castles Navy Debts unsatisfied and so by his subtile Council and unprofitable Labor the Revenues of the Crown and the Dutchy of Lancaster and other the Kings Inheritances so much diminished and the Commons of the Kingdom so extreamly charged that it was near to a final destruction The fourth was That the Kings Treasure was mischievously distributed to himself his friends and well-willers so that for lack of Money no Army nor Ordnance could be provided in time and because these great persons were not brought to judgment upon these Articles alone but for other misdemeanors he made this observation That ravening upon the Kings Estate is always accounted with other great faults that deserve judgment Then he said he had done with that which had been left to him and so he left the Duke to their Lordships Justice That as he had exceeded others in this Offence so he might not come behinde them in punishment And so he humbly desired their Lordships to be pleased to pardon his Delivery and to give a favorable censure of him Lastly The Thirteenth Article was read XIII Whereas especial care and order hath been taken by the Laws of the Realm to restrain and prevent the unskilful Administration of Physick whereby the health and life of men may be much endangered And whereas most especially the Royal Persons of the Kings of the Realm in whom we their Loyal Subjects humbly challenge a great interest are and always have been esteemed by us so sacred that nothing ought to be prepared for them or administred unto them in the way of Physick or Dyet in the times of their sickness without the consent and direction of some of their sworn Physitians Apothecaries or Surgeons And the boldness of such how near soever to them in place and favor who have forgotten their Duties so far as to presume to offer any thing unto them beyond their experience hath been always ranked in the number of high Offences and Misdemeanors And whereas the sworn Physitians of our late Soveraign Lord King Iames of Blessed memory attending on his Majesty in the moneth of March in the Two and twentieth year of his most glorious Raign in the times of his sickness being an Ague did in due and necessary care of and for the recovery of his health and preservation of his Person upon and after several mature Consultations in that behalf had and holden at several times in the same moneth resolve and give directions That nothing should be applied or given unto his Highness by way of Physick or Dyet during his said sickness but by and upon their general advice and consents and after good deliberation thereof first had more especially by their like care and upon like consultations did justly resolve and publickly give warning to and for all the Gentlemen and other Servants and Officers of his said late Majesties Bed-chamber That no Meat nor Drink whatsoever should be given unto him within two or three hours next before the usual time of and for the coming of his Fit in the said Ague nor during the continuance thereof nor afterwards until his cold Fit were past The said Duke of Buckingham being a sworn Servant of his said late Majesty of and in his Majesties said Bed-chamber contrary to his duty and the tender respect which he ought to have had of his Majesties most Sacred Person and after the Consultations Resolutions Directions and Warning aforesaid did nevertheless without any sufficient warrant in that behalf unduly cause and procure certain Plaisters and a certain Drink or Potion to be provided for the use of his said Majesty without the direction or privity of his said late Majesties Physitians not prepared by any of his Majesties sworn Apothecaries or Chirurgeons but compounded of several ingredients to them unknown Notwithstanding the same Plaisters or some Plaister like thereunto having been formerly administred unto his said Majesty did produce such ill effects as that some of the said sworn Physitians did altogether disallow thereof and utterly refused to meddle any further with his said Majesty until these Plaisters were removed as being hurtful and prejudicial to the health of his Majesty yet nevertheless the same Plaisters as also a Drink or Potion was provided by him the said Duke which he the said Duke by colour of some insufficient and slight pretences did upon Monday the One and twentieth day of March in the Two and twentieth year aforesaid when his Majesty by the judgment of his said Physitians was in the declination of his Disease cause and procure the said Plaisters to be applied to the Brest and Wrists of his said late Majesty And then also at and in his Majesties Fit of the said Ague the said Munday and at several times within two hours before the coming of the same Fit and before his Majesties then cold Fit was passed did deliver and cause to be delivered several quantities of the
a manner to engross to himself the administration of your Affairs of the Kingdom which by that means is drawn into a Condition most miserable and hazardous Give us then leave most dear Soveraign in the name of all the Commons of this your Kingdom prostrate at the féet of your Sacred Majesty most humbly to beséech you even for the Honor of Almighty God whose Religion is directly undermined by the practice of that Party whom this Duke supports For your Honor which will be much advanced in the relieving of your people in this their great and general grievance For the honor safety and welfare of your Kingdom which by this means is threatned with almost unavoidable dangers And for the love which your Majesty as a good and loving Father bears unto your good people to whom we profess in the presence of Almighty God the Searcher of all hearts you are as highly estéemed and beloved as ever any of your Predecessors were That you would be graciously pleased to remove this Person from access to your sacred presence and that you will not ballance this one man with all these things and with the Affairs of the Christian world which do all suffer so far as they have relation to this Kingdom chiefly by his means For we protest to your Majesty and to the whole world That until this Great person be removed from intermedling with the Great Affairs of State we are out of hope of any good success and do fear that any money we shall or can give will through his misimploiment be turned rather to the hurt and prejudice of this your Kingdom then otherwise as by lamentable experience we have found in those large Supplies we have formerly and lately given But no sooner shall we receive redress and relief in this which of all others is our most insupportable grievance but we shall forthwith proceed to accomplish your Majesties own desire for Supply and likewise with all cheerfulness apply our selves to the perfecting of divers other great things such as we think no one Parliament in any Age can parallel tending to the stability wealth and strength and honor of this your Kingdom and the support of your Friends and Allies abroad And we doubt not but through Gods blessing as you are the best so shall you ever be the best beloved and greatest Monarch that ever sate in the Royal Throne of this famous Kingdom The Grounds and Causes which the King held forth for dissolving of this and the former Parliament appear in the ensuing Declaration THe Kings most Excellent Majesty since his happy access to the Imperial Crown of this Realm having by his Royal Authority summoned and assembled two several Parliaments the first whereof was in August last by Adjournment held at Oxford and there dissolved and the other begun in February last and continued until the Fiftéenth day of this present moneth of June and then to the unspeakable grief of himself and as he believeth of all his good and well-affected Subjects dissolved also Although he well knoweth that the Calling Adjourning Proroguing and Dissolving of Parliaments being his great Council of the Kingdom do peculiarly belong unto himself by an undoubted Prerogative inseparably united to his Imperial Crown of which as of his other Regal actions he is not bound to give an Accompt to any but to God only whose immediate Lieutenant and Uicegerent he is in these his Realms and Dominions by the Divine providence committed to his charge and government Yet forasmuch as by the assistance of the Almighty his purpose is so to order himself and all his Actions especially the great and publck Actions of State concerning the weal of his Kingdoms as may justifie themselves not only to his own Conscience and to his own People but to the whole World His Majesty hath thought it fit and necessary as the Affairs now stand both at home and abroad to make a true plain clear Declaration of the Causes which moved his Majesty to assemble and after enforced him to dissolve these Parliaments That so the mouth of malice it self may be stopped and the doubts and fears of his own good Subjects at home and of his Friends and Allies abroad may be satisfied and the deserved blame of so unhappy Accidents may justly light upon the Authors thereof When his Majesty by the death of his dear and Royal Father of ever blessed memory first came to the Crown he found himself engaged in a War with a potent Enemy not undertaken rashly nor without just and honorable grounds but enforced for the necessary defence of himself and his Dominions for the support of his Friends and Allies for the redéeming of the antient Honor of this Nation for the recovering of the Patrimony of his dear Sister her Confort and their Children injuriously and under colour of Treaties and Friendship taken from them and for the maintenance of the true Religion and invited thereunto and encouraged therein by the humble Advice of both the Houses of Parliament and by their large promises and protestations to his late Majesty to give him full and real assistance in those Enterprises which were of so great importance to this Realm and to the general peace and safety of all his Friends and Allies But when his Majesty entred into a view of his Treasure he found how ill provided he was to proceed effectually with so great an Action unless he might be assured to receive such Supplies from his loving Subjects as might enable him to manage the same Hereupon his Majesty being willing to tread in the steps of his Royal Progenitors for the making of good and wholsom Laws for the better Government of his people for the right understanding of their true Grievances and for the Supply of monies to be imployed for those publick services he did resolve to summon a Parliament with all convenient spéed he might And finding a former Parliament already called in the life of his Father he was desirous for the the spéedier dispatch of his weighty affairs and gaining of time to have continued the same without any alteration of the Members thereof had he not beacute en advised to the contrary by his Iudges and Council at Law for that it had béene subject to question in Law which he desired to avoid But as soon as possibly he could he summoned a new Parliament which he did with much confidence and assurance of the love of his people that those who not long before had with some importunity won his Father to break off his former Treaties with Spain and to effect it had used the mediation of his now Majesty being then Prince and a Member of the Parliament and had promised in Parliament their uttermost assistance for the enabling of his late Majesty to undergo the War which they then foresaw might follow would assuredly have performed it to his now Majesty and would not have suffered him in his first Enterprise of so great an
to his duty To this Sir Thomas Darnell replied That such words never came into his thoughts And did humbly pray they might make no impression upon the Court to the disparagement of his Cause for he was accused of that he was in no manner guilty of Upon which Sir Nicholas Hide Chief Justice said That he had made a fair and temperate Answer And you may perceive said the Chief Justice the upright and sincere proceedings which have been in this business You no sooner moved for a Habeas Corpus but it was granted you you no sooner desired Council but they were assigned you though any Council might move for you without being assigned and should have had no blame for it The Kings pleasure is his Law should take place and be executed and for that do we sit here And whether the Commitment be by the King or others this Court is the place where the King doth sit in person to do right if injury be done And we have power to examine it and if it appear that any man hath wrong done him by his Imprisonment we have power to deliver and discharge him if otherwise he is to be remanded by us to Prison again And the Attorney-General after the Chief Justice had spoken said Though this be a Case which concerns the King in an high degree yet he hath been so gracious and so just as not to refuse the Examination and Determination thereof according to the Laws of the Kingdom Then the Court proceeded to hear the Arguments made in the Prisoners behalf Mr. Noy argued for Sir Walter Earl Serjeant Bramston for Sir Iohn Heveningham Mr. Selden for Sir Edward Hampden Mr. Calthrop for Sir Iohn Corbet who were all assigned of Council with the Prisoners by the Court of Kings-Bench upon a Petition delivered by them to that purpose After they had argued Mr. Attorney had a day appointed to argue for the King It is not our intention to take up the Readers time with the Arguments at large either by the one side or the other We shall only hint unto you some generals chiefly concerning the form of the Return of the Writ The first Exception taken by the Council for the imprisoned Gentlemen was to the form of the Return 1. For that the Return is not positive but referred to the signification made by another by the Lords of the Council 2. The Keepers of the Prisons have not return'd the Cause of the Commitment but the Cause of the Cause which they held not to be good 3. That the Return of the Commitment is imperfect for that it sheweth onely the Cause of the detaining in Prison and not the Cause of the first Commitment Lastly That the Return is contradictory in it self For that in the first part thereof it is certified that the detaining of those Gentlemen in Prison is per speciale mandatum Domini Regis And when the Warrant of the Lords of the Council is shewn it appeareth that the Commitment is by the command of the King signified by the Lords of the Council The second general Exception was to the matter of the Return and that was touching the Imprisonment per speciale mandatum Domini Regis by the Lords of the Council without any Cause expressed Wherefore said Mr. Selden by the constant and setled Laws of this Kingdom without which we have nothing no man can be justly imprisoned either by the King or Council without a Cause of the Commitment and that ought to be expressed in the Return The Law saith expresly No Free-man shall be imprisoned without due Process of the Law Nullus liber homo capiatur vel imprisonetur nisi per legem terrae c. And in the Charter of King Iohn there are these words Nec eum in carcerem mittimus We will not commit him to Prison that is The King himself will not This right said Serjeant Bramston is the onely means that a Subject hath whereby to obtain his Liberty and the end of it is to return the Cause of the Imprisonment that it may be examined in this Court whether the parties ought to be discharged or not Which cannot be done upon this Return for the Cause of the Imprisonment is so far from appearing particularly by it that there is no Cause at all expressed And the Writ requires that the Cause of the Imprisonment should be returned and the Cause ought to be expressed so far as that it ought to be none of those Causes for which by the Laws of the Kingdom the Subject ought not to be imprisoned and it ought to be expressed that it was by Presentment or Indictment or upon Petition or Suggestion made unto the King For said he observe but the consequence If those Gentlemen who are committed without any Cause shewn should not be bailed but remanded the Subjects of the Kingdom may be restrained of their Liberty for ever and by Law there can be no remedy We shall not reflect upon the present time and Government but we are to look what may betide us in time to come hereafter The Laws are called the great Inheritance of every Subject and the Inheritance of Inheritances without which we have nothing that deserves the name of Inheritance If upon a Habeas Corpus a Cause of Commitment be certified then said Mr. Noy the Cause is to be tryed before your Lordships but if no Cause be shewn the Court must do that which standeth with Law and Justice and that is to deliver the party The Commons did complain in Ed. 3. his time that the great Charter and other Statutes were broken They desired that for the good of himself and his people they may be kept and put in execution and not infringed by making any Arrest by special command or otherwise And the Answer which was given them was this That the said great Charter and other Statutes should be put in execution according to the Petition without disturbance of Arrests by special command And the King granteth the Commons desire in the same words as they were expressed in their Petition And afterwards complaining again That notwithstanding this Answer of the King they were imprisoned by special command without Indictment or other legal course of Law The Kings Answer was upon another Petition unto him That he was therewith well pleased And for the future he added further If any man be grieved let him complain and right shall be done And forasmuch as it doth not appear to the Court that there was any Cause of the Commitment of these Members no Charge against them no Indictment or Process according to the Laws Wherefore Mr. Noy prayed they might be no longer detained in Prison but be bailed or discharged Admit the Commitment of the Command of the King was lawful yet said Mr. Calthorp when a man hath continued in prison a reasonable time he ought to be brought to answer and not to continue still in prison without being brought to answer For that it appeareth
Protestant League with the Princes on the other part drawing in secret oâ— State the countenance of France to give the more reputation of assistance to them and security to it self Spain seeing his hopes thus fruitless by these Unions and streights began first to break if he might the Amity of France and England But finding the Common danger to be a fast tie he raiseth up a party in that Kingdom of his own by which the French King was so distressed that had not the English Council assisted and relieved him Spain had there removed that next and greatest Obstacle of his Ambition His Council now tells him from these examples That the way to his great work is impossible so long as England lay a let in his way And adviseth him that the remove of that Obstacle be the first of his intents This drew on those often secret practises against the person of the Queen and his open fury in Eighty Eight against the body of the State which she perceiving following the advice of a free Council would never after admit of a Peace winning thereby the hearts of a loving people who ever found hands and money for all occasions at home and keeping sacredly all her Alliances abroad securing to her Confederates all her time freedom from fear of Spanish slavery and so ended her old and happy days in glory Spain then by the wisdom and power of that great Lady despoiled so of his means to hurt though not of his desires makes up with her Peaceful Successor of happy memory that Golden League That disarming us at home by the opinion of Security and giving them a power in our Councils by believing their Friendships and pretended Marriage gave them way to cherish amongst us a Party of their own and benefit of power abroad to lead in Jealousie and some division between us and our Confederates By which we see they have swallowed up the Fortune of your Majesties Brother's Estate with the rest of the Imperial States distressed the King of Denmark by that quarrel diverted Sweden's assistance by the Wars with the Pole and moving them now with offer of the Danish Crown And now whether from the Plot of our Fatality hath cast such a bone between France and us as hath made themselves by our quarrel of Religion a fast Confederate and us a dangerous Enemy So as now we are left no other assurance against their malice and ambition but the Netherlands where the tie of mutual safety is weakned by daily discontents bred and fed between us by some ill-affected to both our securities that from the doubtfulness of friendship as we now stand we may rather suspect from our own domestick Faction if they grow too furious they will rather follow the example of Rome in her growing that held that equal safety honorable and more easie dare regnum then subjugare provinciam considering the power they have in their hands then to give any friendly assistance to save the present condition of a State You may therefore see in what terms we stand abroad and I fear we are at home for resistance in no better state There must be to withstand a Forein Invasion a proportion both of Sea and Land-Forces For to give an Enemy an easie passage and a Port to relieve him in is no less then to hazard all at one stake And it is to be considered That no March by Land can be of that speed to make head against the landing of an Enemy Then that follows That there is no such prevention as to be Master of the Sea To this point of Necessary Defence there can be no less then Two hundred and forty thousand pounds For the Land-Forces if it were for an Offensive War the men of less livelihood were the best spared and we used formerly to make such War Purgamenta reipub if we made no further purchase by it But for the safety of a Commonwealth the wisdom of all times did never intrust the Publick Cause to any other then to such as had a portion in the Publick Adventure And that we saw in Eighty Eight when the care of the Queen and of the Council did make the body of that large Army no other then of the Trained Bands which with the Auxiliaries of the whole Realm amounted to no less then Twenty four thousand men Neither were any of these drawn from forth their Country and proper habitations before the end of May that they might be no long grievance to the Publick such Discontentments being to us a more fatal Enemy then any Forein forces The careful distributing and directing of their Sea and Land-forces being more fitting for a Council of War then a private man to advise of I pass over yet shall ever be willing and ready when I shall be called humbly to offer up such Observations as I have gathered by the former like occasion in this Realm To make up this Preparation there are requisite two things Money and Affections for they cannot be properly severed It was well and wisely said of that great and grave Councellor the Lord Burleigh in the like case to the late Queen Win hearts and you have their hands and purses And I find that of late Diffidence hath been in the one and hath unhappily prevented the other In gathering then of Money for this present need there are three things requisite Speed Assurance and Satisfaction And the way to gather as in other like cases hath been done must be by the path-way formerly called Via regia being more secure and speedy For by unknown and untrodden ways it is both rough and tedious and never succeedeth well This last way although it took place as it were by a Supply at first and received no general denial yet since it hath drawn many to consult with themselves and others in the consequence as it is now conceived a pressure on their Liberties and against Law I much fear if that now again it be offered either in the same face or by Privy-seal it will be refused wholly Neither find I that the restraint of the Recusants hath produced any other effect then a stiff resolution in themselves and others to forbear Besides although it were at the first with some assurance yet when we consider the Commissions and other forms incident to such like services as that how long it hangs in hand and the many delays that are we may easily see that such a Sum granted by the Parliament is far sooner and easier levied If any will make the succession of times to produce an inevitable necessity to enforce it if denied whether in general by Excise or Imposition or in particular on some select persons which is the custom of some Countries and so conclude it as there for the Publick State suprema lege He must look for this to be told him That seeing Necessity must conclude always to gather Money 't is less speedy or assured then that by a Parliament The sucess
Friends and Allies be not sufficient then no Eloquence of Men or Angels will prevail Only let me remember you That my duty most of all and every one of yours according to his degree is to seek the maintenance of this Church and Commonwealth And certainly there never was a time in which this duty was more necessarily required then now I therefore judging a Parliament to be the antient speediest and 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 now must do according to his conscience Wherefore if you as God forbid should not do your duties in contributing what the State at this time needs I must in discharge of my conscience use those other means which God hath put into my hands to save that which the follies of particular men may otherwise hazard to lose Take not this as a Threatening for I scorn to threaten any but my Equals but an Admonition from him that both out of nature and duty hath most care of your preservations and prosperities And though I thus speak I hope that your demeanors at this time will be such as shall not only make me approve your former Councels but lay on me such obligations as shall tie me by way of thankfulness to meet often with you For be assured that nothing can be more pleasing unto me then to keep a good Correspondence with you I will only 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 of 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 ways of distractions and follow the Councel late given you To maintain the unity of the Spirit in the bond of Peace The Lord Keeper seconded his Majesty on this manner YE are here-in Parliament by his Majesties Writ and Royal command to consult and conclude of the weighty and urgent Business of this Kingdom Weighty it is and great as great as the honor 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 sum of it in few words The Pope and House of Austria have long affected the one a Spiritual the other a Temporal Monarchy 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 invironed all about it The very Bowels of the Kingdom swayed by the Popish Faction They have gotten such a part and such intercession 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 far that albeit upon his Majesties interposition by his Ambassadors and his engagement of his Royal word there was between the King and his Subjects Articles of Agreement and the Subjects were quiet whereof his Majesty 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 ruined 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 and other Princes making way thereby for the House of Austria to the ruine of his own and other Kingdoms Other Potentates that in former times did ballance and interrupt the growing greatness of the House of Austria are now removed and diverted The Turk hath made Peace with the Emperor and turned himself wholly into Wars with Asia The King of Sweden is embroiled in a War with Poland which is invented by Spanish practices to keep that King from succoring our part The King of Denmark is chased out of his Kingdom on this and on that side the Zound so as the House of Austria is on the point to command all the Sea-coasts from Dantzick to Embden and all the Rivers falling into the Sea in that great extent So as besides their power by Land they begin 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 Ambassadors treating at Lubeck to draw into their service the Hans-Towns whereby taking from us and our Neighbors the Eastland-Trade by which our Shipping is supplied they expect without any blow given to make themselves Masters of that Sea In these Western parts by the Dunkirkers and by the now French and Spanish Admiral to the ruine of Fishing of infinite consequence both to us and the Low-Countries they infest all our Coast so as we pass not safely from Port to Port. And that Fleet which lately assisted the French at the Isle of Rhee is now preparing at S. Andrews with other Ships built in the Coast of Biscay to reinforce it and a great Fleet is making ready in 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 doubâ— to assault us in England or Ireland as they shall find advantage and a place fit for their turn Our friends of the Netherlands besides the fear that justly troubles them lest the whole force of the Emperor may fall down upon them are distracted by their Voyages into the East which hath carried both Men and Money into another World and much weakened them at home Thus are we even ready on all sides to be swallowed up The Emperor France and Spain being in open War against us Germany overrun the King of Denmark distressed the King of Sweden diverted and the Low-Country-men disabled to give us assistance I speak not this to increase fear unworthy of English courages but to press to provision worthy the wisdom of a Parliament And for that cause his Majesty hath called you hither that by a timely provision against those great imminent dangers our selves may be strengthened at home our Friends and Allies encouraged abroad and those great causes of fear scattered and dispelled And because in all Warlike preparations Treasure bears the name and holds the semblance of the nerves and sinews And if a sinew be too short or too weak if it be either shrunk or strained the part becomes
meanings Touching which it was observed that most of his places are such as were intended by the Authors concerning absolute Monarchies not regulated by Laws or Contracts betwixt the King and his People and in answer to all Authorities of this kinde were alledged certain passages of a Speech from our late Soveraign King Iames to â—he Lords and Commons in Parliament 1609. In these our times we are to distinguish betwixt the state of Kings in their first original and between the state of setled Kings and Monarchs that do at this time govern in Civil Kingdoms c. Every just King in a setled Kingdom is bound to observe the paction made to his People by his Laws in framing his Government agreeable thereunto c. All Kings that are not Tyrants or perjured will be glad to bound themselves within the limits of their Laws and they that perswade them to the contrary are Vipers and Pests both against them and the Commonwealth It was secondly observed that in the 27. page of his first Sermon he cites these words out of Suarez de legibus lib. 5. cap. 17. Acceptationem populi non esse conditionem necessariam ex vi Iuris naturalis aut gentium neque ex Iure communi the Jesuit adds neque ex antiquo Jure Hispaniae which words are left our by the Doctor lest the Reader might be invited to enquire what was antiquâ—m jus Hispaniae and it might have been learned from the same Author in another place of that Work that about two hundred years since this liberty was granted to the People by one of the Kings that no Tribute should be imposed without their consent And the Author adds further that after the Law introduced and confirmed by Custome the King is bound to observe it From this place he took occasion to make this short digression That the Kings of Spain being powerful and wise Princes would never have parted with such a mark of absolute Royalty if they had not found in this course more advantage then in the other and the success and prosperity of that Kingdom through the valor and industry of the Spanish Nation so much advanced since that time do manifest the wisedom of that change The third observation of fraud in perverting his Authors was this In the twentieth Page of the first Sermon he cites these words out of the same Suarez de legibus li. 5. ca. 15. fol. 300. Tributa esse maximè naturalia prae se ferre Justitiam quia exiguntur de rebus propriis This he produceth in proof of the just right of Kings to lay Tributes And no man that reads it doubts but that in Suarez opinion the Kings Interest and Propriety in the Goods of his Subjects is the ground of that Justice But the truth is that Suarez in that Chapter had distributed Tributes into divers kinds of which he calls one sort tributum reale and describes it thus Solent ita vocari pensiones quaedam quae penduntur regibus principibus exteris agris quae a principio ad sustentationem illis applicata fuerunt ipsi vero in feodum aliis ea donarunt sub certa pensione annua quae jure civili Canon appellari solet quia certa regula lege praescripta erat So that the issue is this which Suarez affirms for justification of one kinde of Tribute which is no more then a Fee farm of rent due by reservation in the grant of Kings own lands the Doctor herein worse then a Jesuit doth wrest to the justification of all kinds of Tribute exacted by Imposition upon the goods of the Subjects wherein the King had no interest or propriety at all 4. The last aggravation was drawn from his behaviour since these Sermons preached whereby he did continue still to multiply and increase his offence yea even since the sitting of the Parliament and his being questioned in Parliament upon the fourth of May last he was so bold as to publish the same doctrine in his own parish Church of St. Giles the points of which Sermons were these That the King had right to order all as to him should seem good without any mans consent That the King might require in time of necessity Aid and if the Subjects did not supply the King might justly avenge it That the Propriety of Estate and Goods was ordinarily in the Subject but extraordinarily that is in case of the Kings need the King hath right to dispose them These Assertions in that Sermon he said would be proved by very good testimony and therefore desired the Lords that it might be carefully examined because the Commons held it to be a great contempt to the Parliament for him to maintain that so publikely which was here questioned They held it a great presumption for a private Divine to debate the Right and Power of the King which is a matter of such a nature as to be handled only in this High Court and that with moderation and tenderness and so he concluded that point of aggravation In the last place he produced some such precedents as might testifie what the opinion of our Ancestors would have been if this case had fallen out in their time And herein he said he would confine himself to the reigns of the first three Edwards two of them Princes of great glory He began with the eldest Westm. 1. Ca. 33. By this Statute 3. Edw. 1. provision was made against those who should tell any false News or devise by which any discord or scandal may arise betwixt the King his People and great Men of the Kingdom 27. Edw. 3. Rot. part nu 20. It was declared by the Kings Proclamation sent into all the Counties of England That they that reported that he would not observe the Great Charter were malitious people who desired to put trouble and debate betwixt the King and his Subjects and to disturb the peace and good estate of the King the People and the Realm 5. Edw. 2. Inter novas ordinationes Henry de Beamond for giving the King ill Counsel against his Oath was put from the Councel and restrained for coming into the presence of the King under pain of confiscation and banishment 19. Edw. 2. Clause Minidors Commissions were granted to inquire upon the Statute of W. 1. touching the spreading of News whereby discord and scandal might grow betwixt the King and his People 10. Edw. 3. Clause M. 26. Proclamations went out to arrest all them who had presumed to report that the King would lay upon the Wools certain sums besides the antient and due Customes where the King calls these reports exquisita mendacia c. quae non tantum in publicam laesionem sed in nostrum cedunt damnum dedecus manifestum 12. Edw. 3. Rot. Almaniae The King writes to the Archbishop of Canterbury excusing himself for some impositions which he had â—aid professeth his great sorrow for it desires the Archbishop by Indulgences and other ways to stir up the
House fearing a sudden dissolution fell into consideration of the weak estate of the Kingdom and of our Friends and Allies abroad of the great strength of the House of Austria and the King of Spains ambition aspiring to an universal Monarchy and his present great preparations for war Hereupon the House was moved to name a select Committee to represent these things to his Majesty with the danger like to insue to this Kingdom if the Parliament be dissolved without a happy conclusion But being satisfied by the Lords of the privy Councel that there was no such cause of fear as the House apprehended the naming of a Committee was for that time deferred Having met in our Collections with a Letter of Mr. Allureds to old Mr. Chamberlain of the Court of Wards and being a concurrent proof to the Passages this day in the House We have thought fit here to mention it viz. Sir YEsterday was a day of desolation among us in Parliament and this day we fear will be the day of our dissolution Upon Tuesday Sir John Elliot moâ—ed that as we intended to furnish his Majesty with money we should also supply him with Counsel which was one part of the occasion why we were sent by the Countrey and called for by his Majesty And since that House was the greatest Councel of the Kingdom where or when should his Majesty have better Counsel then from thence So he desired there might be a Declaration made to the King of the danger wherein the Kingdom stood by the decay and contempt of Religion the insufficiency of his Generals the unfaithfulness of his Officers the weakness of his Councels the exhausting of his Treasure the death of his men the decay of Trade the loss of Shipping the many and powerful Enemies the sew and the poor Friends we had abroad In the enumerating of which the Chancellor of the Dutchy said it was a strange language yet the House commanded Sir John Elliot to go on then the Chancellor desired if he went on that himself might go out whereupon they all bad him begon yet he stayed and heard him out and the House generally inclined to such a Declaration to be presented in an humble and a modesâ— manner not prescribing the King the way but leaving it to his Iudgment for reformation So the next day being Wednesday we had a Message from his Majesty by the Speaker that the Session should end on Wednesday and that therefore we should husband the time and dispatch the old businesses without entertaining new intending to pursue their Declaration they had this Message yesterday morning brought them which I have here inclosed sent you which requiring not to casâ— or lay any aspersion upon any Minister of his Majesty the house was much affected to be so restrained since the House in former times had proceeded by finding and committing John of Gaunt the Kings Son and others and of late have medled with and sentenced the Lord Chancellor Bacon and the Lord Treasurer Cranfield Then Sir Robert Philips spake and mingled his words with weeping Mr. Prynne did the like and Sir Edward Cook overcome with passion seeing the desolation likely to ensue was forced to sit down when he began to speak through the abundance of tears yea the Speaker in his Speech could not refrain from weeping and shedding of tears besides a great many whose great griefs made them dumb and silent yet some bore up in that storm and incouraged others In the end they desired the Speaker to leave the Chair and Mr. Whitby was to come into it that they might speak the freer and the frequenter and commanded no man to go out of the House upon pain of going to the Tower Then the Speaker humbly and earnestly besought the House to give him leave to absent himself for half an hour presuming they did not think he did it for any ill intention which was instantly granted him then upon many Debates about their Liberties hereby infringed and the eminent danger wherein the Kingdom stood Sir Edward Cook told them he now saw God had not accepted of their humble and moderate carriages and fair proceedings and the rather because he thought they dealt not sincerely with the King and with the Countrey in making a true Representation of the causes of all these miseries which now he repented himself since things were come to this pass that he did it not sooner and therefore he not knowing whether ever he should speak in this House again would now do it freely and there protested that the author and cause of all those miseries was the Duke of Buckingham which was entertained and answered with a chearful acclamation of the House as when one good Hound recovers the scent the rest come in with a full cry so they pursued it and every one came on home and laid the blame where they thought the fault was and as they were Voting it to the Question whether they should name him in their intended Remonstrance the Sole or the Principall cause of all their miseries at home and abroad The Speaker having been three hours absent and with the King returned with this Message That the House should then rise being about eleven a clock and no Committees stould sit in the afternoon till to morrow morning What we shall expect this morning God of Heaven knows We shall meet timely this morning partly for the businesse sake and partly because two days since we made an Order that whosoever comes in after prayers payes twelve pence to the poor Sir excuse my hast and let us have your prayers whereof both you and we have here need So inscribling haste I rest Affectionately at your service Thomas Alured This 6. of June 1628. The Message mentioned in this Letter of the 6. of Iune is already before expressed Friday 6. Iune Mr. Speaker brings another Message from the King the day following IN my service to this House I have had many undeserved favours from you which I shall ever with all humbleness acknowledge but none can be greater then that testimony of your confidence yesterday shewed unto me whereby I hope I have done nothing or made any representation to his Majesty but what is for the honour and service of this House and I will have my tongue cleave to my mouth before I will speak to the disadvantage of any Member thereof I have now a Message to deliver unto you Whereas his Majesty understanding that ye did conceive his last Message to restrain you in your just Priviledges to complain of any of his Ministers These are to declare his intentions that he had no meaning of barring you from what hath been your Right but only to avoid all scandals on his Councel and Actions past and that his Ministers might not be nor himself under their names taxed for their Counsel unto his Majesty and that no such particulars should be taken in hand as would ask a longer time of consideration then what
all Ages who shine in vertue and are firm for our Religion but the contrary Faction I like not I remember a character I have seen in a Diary of E. 6. that young Prince of famous memory where he doth expresse the condition of the Bishops of that time under his own hand writing That some for sloath some for age some for ignorance some for luxury and some for Popery were unfit for Discipline and Government We see there are some among our Bishops who are not Orthodox nor sound in Religion as they should be witness the two Bishops complained of the last meeting of the Parliament I apprehend such a feare that should we be in their power we may be in danger to have our Religion overthrown some of these are Masters of Ceremonies and they labour to introduce new Ceremonies into the Church Yet some Ceremonies are useful give me leave to joyn that I hold it necessary and commendable that at the repetition of the Creed we should stand up to testifie the resolution of our hearts that we will defend the Religion which we profess and in some Churches it is added they did not only stand upright with their bodies but with their Swords drawn Let us go to the ground of our Religion and lay down a Rule on which all others may rest then when that is done it will be time to take into consideration the breakers and offendors of that Rule Hereupon after some Debate the Commons entered into this Vow The Vow of the House of Commons in Parliament WEE the Commons in Parliament Assembled do Claim Protest and Avow for truth the sence of the Articles of Religion which were established by Parliament in the thirteenth year of our late Queen Elizabeth which by the publique Act of the Church of England and by the generall and currant Expositions of the Writers of our Church have been delivered unto us And we reject the sence of the Jesuites and Arminians and all others wherein they differ from us Friday the thirtieth of January 1628. Both Houses joyn in Petitioning the King for a Fast. MOst Gracious Soveraign It is the very earnest desire of us your most dutiful Subjects the Lords Spiritual and Temporal and Commons in this Parliament Assembled that this meeting may be abundantly blessed with all happy successe in the great affairs of Church and State upon which we are to consult and that by a cleare understanding both of your Majesties goodness unto us and of our ever faithfull and Loyal hearts to your Majesties Royal Person and service all jealousies and distractions which are apparent signs of Gods displeasure and of ensuing mischief being removed there may this Session and for ever be a perfect and most happy union and agreement between your Majesty and all the Estates of this Realm But acknowledging that neither this nor any other blessing can be expected without the especiall favour of Almighty God upon the observation of the continued increasing miseries of the Reformed Churches abroad whose cases with bleeding hearts we compassionate as likewise of those punishments already inflicted And which are like in great measure to fall upon our selves we have just cause to conceive that the Divine Majesty is for our sins exceedingly offended against us wherefore we do in these and all other pious respects most Dread Soveraign humbly beseech your most excellent Majesty by your Royal consent and Commandment that not only our selves but all people of your Kingdom may be speedily enjoyned upon some certain day by your Majesty to be prefixed by publique Fasting and Prayer to seek reconciliation at the merciful hands of Almighty God So that the prayers of the whole Kingdom joyned with your Majesties most Princely care and the faithful hearts and endeavours of this great Councel assembled may procure honour to Almighty God in the preservation of his true Religion much honour to your Majesty prosperity to your people and comfort to your Majesties Friends and Allies The Kings Answer to the Petition MY Lords and Gentlemen The chief Motive of your Petition being the deplorable Condition of the Reformed Churches abroad is too true And our duty is so much as in us lieth to give them all possible help But certainly fighting will doe them more good then fasting though I doe not wholly disallow of the latter yet I must tell you that the custome of fasting every Session is but lately begun and I confesse I am not fully satisfied with the necessity of it at this time Yet to shew you how smoothly I desire your businesse to go on eschewing as much as I can Questions or jealousies I doe willingly grant your request herein but with this Note That this shall not hereafter be brought into president for frequent Fasts except upon great occasions And for form and time I will advise with my Lords the Bishops and then send you a particular Answer Soon after the House of Commons presented a Declaration to the King touching their resolutions to give precedency to Religion MOst Gracious Sovereign We have within these three dayes received from your Majesty a Message putting us in minde of our present entring upon the consideration of a Grant of Tunnage and Poundage but the manner of possessing the House therewith being disagreeable to our Orders and Priviledges that we could not proceed therein And finding our selves in your Majesties name pressed in that businesse and that we should give precedency thereunto we cannot but expresse some sence of sorrow fearing that the most hearty and forward affections wherewith we desire to serve your Majesty are not clearly represented unto you besides such is the solicitous care we have in preserving our selves in your Majesties most gracious and good opinion that it cannot but breed much trouble in us when ever we find our selves as now we are enforced to spend that time in making our humble Apologies from whence doe usually arise long Debates which we conceive might very profitably be applyed in the greater Services of your Majesty and the Common-wealth which we did with all humble diligence apply our selves unto and finding the extream dangers wherewith our Religion is threatned clearly presenting it unto our thoughts and considerations We thought and we think we cannot without impiety to God disloyalty to your Majesty and unthankfulnesse to those from whom we are put in trust retard our proceedings until something be done to secure us in this maine point which we prefer above our lives and all earthly things whatsoever And here we do with all humble thankfulnesse acknowledge your Majesties most pious care and Princely Intentions to suppresse both Popery and Arminianism the Professor of the one being an open enemy 〈◊〉 the maintainer of the other a subtil and more dangerous underminer of the Religion of Almighty God established within your Realmes and Dominions The truth of which our whole Religion or any part thereof as being sufficiently known and received generally here
Propositions from either side to give distaste and lessen the Friendship between the two Crowns The Duke returned answer that all assurance and satisfaction shall be given concerning this Alliance And after Sir Digby's arrival at the Court of Spain he protested to him solemnly that the King desired it and swore for himself that he desired nothing more Hereupon Digby debated with him That the remembrance of their former Demands was yet unpleasing in England the difference of Religion the Opinions of Divines and the Cases of Conscience were still the same insomuch that his Majesty and his Servants had just cause to cease for ever from all thoughts this way Nevertheless they did not slight nor disrelish an Alliance with Spain for many of the greatest eminency in England judge it equally valuable with any other of Christendom though it be esteemed a matter of infinite difficulty Here the subtil Spaniard might perceive our forwardness though our Ambassador seemed to speak aloof off and with reservation The debate had this result that the difficulties should be digested into certain Heads and select Persons appointed for Conference but the Intent thereof was that the Kings on either side should not be interessed nor their names therein used till by the clearing of particulars there should be great appearances that the business would take effect Now because the difference of Religion was supposed the onely difficulty of moment it was thought fit to break the matter to the Cardinal of Toledo and the Kings Confessor and one Father Frederick a learned Jesuite having the repute of a Moderate man Upon the review of these proceedings Sir Iohn Digby advised the King not to suffer his other resolutions to be interrupted by this Overture which might be set on foot as a meer device to stagger the French Treaty and to keep his Majesty from declaring himself opposite to Spain in the business of Cleves and Iuliers which still remained uncompounded nevertheless he might be pleased for a while to suspend the conclusion of the Match with France and entertain this motion and to this end he desired from him not a formal Commission to treat but onely a private Instruction for his Direction and Warrant Such remote Conferences made way for that solemn slow-paced Treaty of the many years following wherein the advantage lay on the Spaniards side who were indeed very formal and specious in it but no way vehement and vigorous if we might suppose them in any sort real But the King of England having a prevalent inclination this way when he was once drawn in and elevated with hope was so set upon it that he would grant all things possible rather then break it off and was impatient of dissembling his own eagerness The business was mainly carried on by Conde Gondomar who was exquisitely framed for it and by facetious wayes taking the King in his own humor prevailed mightily The King removes all blocks that lie in the way of this Darling Design and studies all the wayes of rendring himself acceptable to Spain The Wall of this Island the English Navy once the strongest of all Christendome now lyes at road unarmed and fit for ruine Gondomar as was the common voice bearing the King in hand that the furnishing of it would breed suspition in the King his Master and avert his minde from this alliance Moreover the Town of Flushing the Castle of Ramakins in Zealand and Brill in Holland which were held by way of caution from the united Provinces to insure their dependency upon England the King resolved to render up as being meerly cautionary and none of his Propriety He rid his hands of those places to prevent requests and Propositions from the King of Spain who claimed the propriety in them and Gondomar put hard for them being accounted the Keys of the Low Countries Such was the Kings care and contrivance to keep faith with those Confederates and not offend Spain And to render this a politick action it was urged that the advantage of those Holds was countervailed by the vast expence in keeping them Howbeit the power of the English Interest in that State was by this means cut off and taken away and the alienation between King Iames and the United Provinces which appeared in latter times and was nourished by Bernevelt the head of the Arminian Faction and a Pensioner of Spain is now increased by the discovery and observation of these late Spanish compliances But the King of Spain and his Ministers had given but slender proof of any great affection yea or of sincere intention and upright dealing in this great affair For Sir Iohn Digby received certain Articles in matter of Religion after a Consultation had with their Divines which appeared very unworthy and were utterly rejected by him Yet afterwards upon a private Conference between him and some others to whom the cause had been committed a Qualification was therein conceived though not delivered as a matter there approved And the same Speeches after his return into England proceeded between him and Gondomar and were brought to that Issue that the King thought fit to acquaint a select number of his Council therewith who having heard the report of the former proceeding delivered their opinion That they found very probable ground for him to enter into a publike Treaty with as much assurance of good success as in such a case might be expected whereupon Sir Iohn Digby by Commission under the Great Seal was authorized to treat and conclude the Marriage and because the matter of Religion was in chief debate those qualified Articles that were brought out of Spain were sent back signed with the Kings hand who added something to them by way of clearer explanation They were to this effect THat the Popes Dispensation be first obtained by the meer Act of the King of Spain That the Children of this Marriage be not constrained in matter of Religion nor their Title prejudiced in case they prove Catholikes That the Infanta's Family being Strangers may be Catholikes and shall have a decent place appointed for all Divine Service according to the use of the Church of Rome and the Ecclesiasticks and Religious persons may wear their proper Habits That the Marriage shall be celebrated in Spain by a Procurator according to the Instructions of the Council of Trent and after the Infanta's arrival in England such a solemnization shall be used as may make the Marriage valid according to the Laws of this Kingdome That she shall have a competent number of Chaplains and a Confessor being Strangers one whereof shall have power to govern the Family in Religious matters In the allowing of these Articles the King thus exprest himself Seing this Marriage is to be with a Lady of a different Religion from us it becometh us to be tender as on the one part to give them all satisfaction convenient so on the other to admit nothing that may blemish our Conscience or
discreet a hand that I little fear the handsome carriage of it And I hope that before these Letters arive with you we shall hear from you in such a stile that this advice of mine shall be of no use I pray you be very earnest with the Conde Gondomar that he will not forget to negotiate the liberty of Mr. Mole for whom I hope now my Lord Ross is dead for that which you and I know it will not be so difficult to prevail You may put him in minde how when Father Baldwills liberty was granted unto him although he could not absolutely promise Mr. Moles release yet he then faithfully protested he would use the mediation of the Duke of Lerma and of the Kings Confessor and of that King if need were and that he would try the best friends he had for the procurement of his enlargement wherein you may desire him to deal effectually for that there is great expectance that he should proceed honorably and really therein I my self likewise will use all the means I can for his relief for it is a thing which is very much desired here and would give a great deal of satisfaction As touching Osulivare it is very fit that you let them know that the report of the honor they did him hath come unto his Majesties ears and that although they will alleage that in the time of Hostility betwixt England and Spain it may be he did them many services and may then have deserved well at their hands for which they have just cause to reward him Yet since by his Majesties happy coming to these Crowns those differences have had an end and that there is a perfect League and Amity betwixt them his Majesty cannot chuse but dislike that they should bestow upon him any title or dignity which onely or properly belongeth unto him towards his own Subjects that therefore he would be glad that they would forbear to confer any such titulary Honors upon any of his Subjects without his Privity This you shall do well to insist upon so that they may understand that his Majesty is very sensible that they should endeavor to make the Irish have any kinde of dependence on that State Queen Anne died this year at Hampton Court and was thence brought to her Palace at Denmark-house in the Strand The common people who were great Admirers of Princes were of opinion that the Blazing-Star rather be-tokened the Death of that Queen then that Cruel and Bloody War which shortly after hapned in Bohemia and others parts of Germany IN the beginning of the year One thousand six hundred and nâ—neteen the Emperor Matthias died but immediately before his death to engage Persons of Honor in the Service of the Empire he instituted Knights of several Orders for the defence of the Catholick Religion who were bound by Oath to be faithful to the Apostolick Sea and to acknowledge the Pope their cheif Protector The Count Palatine of Rhine who in the interregnum is cheif Vicar of the Empire published his right by the Golden Bull to govern in cheif till a new Emperor be chosen and by Advice assumed the Power requiring the people to demean themselves peaceably under his Government King Ferdinand in his broken Estate propounded a Cessation of Arms and offered fair terms of peace but was not answered for the breach would not be made up The Bohemians declared that their Kingdom was Elective not Hereditary that the States-General ought to have the free Election of their King who always ought to be one of the Royal House of Bohemia That Ferdinand took the Government upon him by vertue of his Coronation in the Emperors life time and had thereby made the Kingdom a Donative The Evangelicks in the Upper Austria demanded equal Priviledges with the Catholicks and resolved to make union with the Bohemians The Protestant States of Moravia Silesia and Hungaria banish the Jesuites The Bohemians prospered in these beginnings but the Austrian party received vigor by supplies out of Hungary and Flanders and were able to stand their ground and the Emperor capitulated with the Duke of Bavaria to levy forces to his use for the expence of which service he engaged part of his Country to him The War grows to a great height and the King of England interposed in these differences and sent the Viscount Doncaster Extraordinary Ambassador to mediate a Reconciliation His constant love of Peace and his present fear of the sad issue of these Commotions and the request of the King of Spain moved him to take this part in hand It was the Spaniards policy to make him a Reconciler and by that means to place him in a state of Neutrality and so frustrate the hopes of that support which the Princes of the Union might expect from him by the Interest of the Count Palatine For which cause the King of Spain speaks out large promises That he should be the sole and grand Arbiter of this Cause of Christendom Nevertheless his Mediation was slighted by the Catholick Confederates and his Ambassador shufled out of the business And at the same time Mr. Cottington being very sensible of their unworthy dealings in the Court of Spain professed That his most useful service and best complying with his own Conscience would be to disengage the King his Master The Archbishop of Ments the Representers of the Duke of Saxony and the other Electors Brandenburgh Cullen and Tryers met at Franckford to chuse the Emperor Upon the Eighth day of August Ferdinand was chosen King of the Romans and upon the Nineteenth of September had the Imperial Crown set upon his Head Ambassadors from the Elector Palatine came to oppose Ferdinand but were denied entrance at Franckford The Bohemians disclaimed the said Election and being assembled for that purpose with the consent of their Confederates elected for their King Count Frederick Palatine of Rhine At that time Bethlem Gabor Prince of Transylvania made known to the Directors Evangelick his great sense of their condition since those troubles began desired union with them and offered to come in with an Army hoping for the Great Turks consent to peace during the time of that Service The Directors return their thanks accept the offer and Prince Bethlem immediately entred Hungary to the Emperors great vexation danger and detriment marching with an Army even to the Walls of Vienna The Count Palatine Elected King of Bohemia craved advice to his Father in Law the King of Great Brittain touching the acceptation of that Royal Dignity When this important business was debated in the Kings Council Archbishop Abbot whose infirmities would not suffer him to be present at the Consultation wrote his minde and heart to Sir Robert Nanton the Kings Secretary That God had set up this Prince his Majesties Son in Law as a Mark of Honor throughout all Christendom to propagate the Gospel and to protect the oppressed That for his own part he
strength of the Enemies Forces now in the Palatinate Moreover The King to encourage the Princes of the Union and to keep them in Arms sent them Thirty thousand pounds yet withall resolved to treat for Peace and dispatched Sir Edward Villers into Silesia to fetch the Palsgraves Submission to the Emperor upon Conditions to be conceived according to equity and conveniencie Never did the Spaniards more flatter King Iames then after the Defeat at Prague They affirm that he shall ordain according to his pleasure in the Palsgrave's Restitution and be obeyed That the Infanta's Portion was preparing and that the Pope was obliged to grant the Dispensation from whom they resolve to take no denial Cottington the Agent in Spain now attested the Honesty of Gondomar's Dispatches hither and cryed him up for a Cordial man and well deserving His Majesties favor This notable Spanish Engine had so wrought himself into the Kings affections that he gained the accoss of a Favorite rather then of an Ambassador from a Foreign Prince Some in the English Court were then suspected to be Pensioners to Spain as may be gathered from the Spanish Ambassadors Instructions received from the King his Master BEsides that which I enjoin you in your General Instructions given you for England whither I send you to reside I thought good to advertise you apart by themselves of the chiefest things of Importance which you shall there negotiate and endeavor to further and advance It is well known that I have desired and endeavored to favor the Cause of the Catholicks of that Kingdom and to further it to their best advantage as well in the time of the Queen deceased who did so much prosecute and oppress them as since the time that the present King hath succeeded yet that calamity still continues upon them by reason of the ill offices done unto them by the Puritans and Protestants of whom the greater part of that Kings Council doth consist Howbeit because it is a thing that I could not well urge or press without breeding jealousies and so cause thereby a greater harm to the Catholicks I have proceeded on my part with that wariness and dissimulation as is fit D.A. shall inform you of what hath passed in this matter as also in what estate things are at this present and how you shall govern your self for the time to come according to the orders given unto him whose example we wish you to follow And of this take special heed That although it be believed that we may be very confident of the trustiness of those Catholicks by whose means the business of the rest is undertaken that they will be secret notwithstanding lest any Heretick shall come in the name or shew of a Catholick only to make some discovery It shall be fit that in all speeches you shall have with them concerning that which shall touch the Catholicks that you tell them how much I desire to see them freed from those pressures under which Queen Elizabeth put them and that God would inspire the Kings heart that he may reduce himself to the obedience of the Roman Catholick Church And advise them to endeavor to win the King unto them by shewing themselves good and loyal and obedient Subjects in temporal duties and not to meddle any thing against his State that by their deeds he may see what security may be expected from them and may also bind himself to favor them these being things that do no way contradict the observing the Catholick Religion and are due from them to the dignity of their King and Natural Lord And for the same reason they ought to abstain from all ill practices or unfitting speech or actions against his Person as is said some heretofore have used especially seeing no good hath or can come thereof and thereby they shall justly provoke him against themselves and by holding this course they shall win the Kings good will and the Peace shall be preserved and by the Peace by little and little be won and attained that which is desired By this manner of proceeding it is certain there can come no inconvenience But in case that this your manner of dealing shall come to the Kings knowledge as possibly it may it will breed a great obligation of brotherhood and friendship between us when he shall see that I carry my self in this sort in his affairs and consequently will be the more confident of our amity and will thereby be induced the better to subdue all malice in them that shall endeavor to perswade the contrary And therefore you shall have a special care to do this dexteriously in due time and season and to inform your self very particularly from the said D. A. concerning those with whom you may deal confidently and how far you may trust the Negotiants for the Catholicks though you shall do well alway to proceed with the aforesaid caution and wariness You shall understand from the said D.A. what Pensions are allotted to certain Ministers of that King and to other persons It will be necessary to inform your self throughly of all that concerns this point and that you know both the Persons and Pensions to serve your self of them and to make the best use of them in all occasions that shall be most behoveful for your better direction in the Businesses given you in charge and all others that may be offered of consequence seeing the said Pensions were appointed to that end Whatsoever of the said Pensions you shall find unpaid for the time past D. A. is to discharge and you shall undertake for the time to come telling every one what his Pension is to the end they may be deceived of no part thereof by the Third person who conveys it unto them and let it be punctually paid at the days that their good payment may bind them to persevere and do their service punctually for the which you shall be furnished with all that shall be necessary And have a special care to advertise me how such persons employ themselves in the things that shall occur disguising their names in such manner as D.A. doth Above all You must take great care to dive into the estate of the affairs of that King What his Treasure is In what Estimation he is with his Subjects and what Correspondeneie and good meaning there is betwixt them How the English Scotch and Irish stand affected among themselves and one towards another and towards their Neighbors and how they are bent against me and my Common Estates or any of my particular Kingdoms whence they draw their Intelligences and particularly what amity and correspondencie that King entertaineth with France and with the Neutrals of Holland and Zealand and with the Venetians and upon what causes it is founded what matters they treat of what designs they have in hand All which is very necessary to be known for the attaining of which D.A. will open unto you some ways which you must follow besides those
Navies in the charge of my Munition I made not choice of an old beaten Soldier for my Admiral but rather chose a Young man whose honesty and integrity I knew whose care hath been to appoint under him sufficient men to lessen my Charges which he hath done Touching the miserable dissentions in Christendom I was not the cause thereof For the appeasing whereof I sent my Lord of Doncaster whose journey cost me Three thousand five hundred pounds My Son in law sent to me for Advice but within three days after accepted of the Crown which I did never approve of for three Reasons First for Religion's sake as not holding with the Jesuites disposing of Kingdoms rather learning of our Saviour to uphold not to overthrow them Secondly I was not Iudge between them neither acquainted with the Laws of Bohemia Quis me Judicem fecit Thirdly I have treated a Peace and therefore will not be a Party Yet I left not to preserve my Childrens Patrimony For I had a Contribution of my Lords and Subjects which amounted to a great sum I borrowed of my Brother of Denmark Seven thousand five hundred pounds to help him and sent as much to him as made it up Ten thousand and Thirty thousand I sent to the Princes of the Union to hearten them I have lost no time Had the Princes of the Union done their parts that handful of men I sent had done theirs I intend to send by way of Perswasion which in this Age will little avail unless a strong hand assist Wherefore I purpose to provide an Army the next Summer and desire you to consider of my Necessities as you have done to my Predecessors Qui cito dat bis dat I will engage my Crown my Blood and my Soul in that Recovery You may be informed of me in things in course of Justice but I never sent to any of my Iudges to give sentence contrary to Law Consider the Trade for the making thereof better and shew me the reason why my Mint for these eight or nine years hath not gone I confess I have been liberal in my Grants but if I be informed I will amend all hurtful Grievances But who shall hasten after Grievances and desire to make himself popular he hath the spirit of Satan If I may know my Errors I will reform them I was in my first Parliament a Novice and in my last there was a kind of beasts called Undertakers a dozen of whom undertook to govern the last Parliament and they led me I shall thank you for your good office and desire that the World may say well of our agreement In this Parliament the Commons presented Sir Tho. Richardson for their Speaker The King minded his former engagements and in the beginning of the Parliament sends Sir Iohn Digby now made Lord Digby into Flanders to the Archduke Albertus to gain a present Cessation from War and to make way for a Treaty of Peace with the Emperor And also about the same time he sent Mr. George Gage to Rome to join with Padre Maestre the Spanish Agent in negotiating the Popes Dispensation The Archduke at Bruxels assented to a Reconciliation in favor of our King and obtained from Marquis Spinola a suspension of all hostility against the Country and Subjects of the Elector Palatine which continued till the death of Archduke Albert who died 17º Iulii following So the Lord Digby returned into England bringing the Cessation of Arms about the same time that Sir Edward Villers brought the Palsgrave's Submission But the Twelve years Peace between Spain and the United Provinces at this time expiring Spinola returned into Flanders and left the Palatinate to the Imperial Forces After the Assembly at Segenburgh the Palatine and his Princess took their journey into Holland where they found a refuge and noble entertainment with the Prince of Orange who gave a high testimony of honor to the Electress at her first arrival for her magnanimous carriage in Bohemia The Ambassage of Weston and Conway prevailed little The Emperor went on in a severe Reformation and frequent Executions among that vanquished people He destroyed most of their antient Laws and made new Ordinances declaring a soveraignty over them not as an Elected King but as a Lord by right of Conquest More Princes of the Union reconcile themselves to the Emperor The Imperial Protestant Towns Strasburgh Worms and Nuremburgh subscribe to Conditions of Peace The reconciled Princes and States intercede for the Elector Palatine but their motion displeased the Emperor who alleadged that the Palatine did not acknowledge his faults nor sue for Pardon but made Levies in Holland and elswhere to renew the War in the Empire For the King of Denmark the United Provinces and divers German Princes did adhere to the Palsgrave's cause and stickle for him But the Princes Confederates being already scattered and the heart of the Union broken Those counsels and enterprises of War on his behalf in stead of repressing the progress of the Austrian party did minister occasion of their more absolute and plenary Conquest But to return to the Parliament in England They petition the King for the due execution of Laws against Jesuites Seminary Priests and Popish Recusants Likewise they take in hand to redress the Peoples Grievances by illegal Patents and Projects and chiefly that of Inns and Alehouses for which there was a great Fine and an Annual Revenue throughout the Kingdom and the Monopoly of Gold and Silver-thread whereby the People were abused with base and counterfeit Wares But the examination of these Abuses was accompanied with the grant of Two Subsidies which was very acceptable to the King Sir Giles Mompesson was convented before the House of Commons for many heinous offences and misdemeanors in this kind to the intolerable grievance of the Subject the great dishonor of the King and the scandal of his Government This Delinquent was committed to prison but he escaped thence and got beyond sea and was pursued by the Kings Proclamation The Commons at a Conference with the Lords offered to prove That the Patents of Gold and Silver-Thread of Inns and Alehouses and of power to Compound for obsolete Laws of the Price of Horse-meat Starch Cords Tobacco-pipes Salt Train-oil and the rest were all illegal Howbeit they touch'd not the tender point of Prerogative but in restoring the Subjects liberty were careful to preserve the Kings honor The Lords resolved to admit no other business till this were ended Hereupon the King came to the House of Lords and there made a Speech MY Lords The last time I came hither my errand was to inform you as well as my memory could serve me of things so long past of the verity of my proceedings and the caution used by me in passing those Letters-Patents which are now in question before you to the effect that they might not be abused in the execution And this I did by way of
Declaration But now I am come understanding the time of your Censure at hand to express my readiness to put in Execution which is the life of the Law those things which ye are to sentence For even the Law it self is a dead letter without Execution For which office God hath appointed me in these Kingdoms And though I assure my self that my former behaviour in all the course of my life hath made me well known for a just King yet in this special case I thought fit to express my own intentions out of my own mouth for punishment of things complained of The first proof whereof I have given by the diligent search I caused to be made after the person of Sir Giles Mompesson who though he were fled yet my Proclamation pursued him instantly And as I was earnest in that so will I be to see your Sentence against him put in execution Two reasons move me to be earnest in the execution of what ye are no sentence at this time First That duty I owe to God who hath made me a King and tied me to the care of Government by that Politique Marriage betwixt me and my People For I do assure you in the heart of an honest man and by the faith of a Christian King which both ye and all the world know me to be had these things been complained of to me before the Parliament I would have done the office of a just King and out of Parliament have punished them as severely and peradventure more then ye now intend to do But now that they are discovered to me in Parliament I shall be as ready in this way as I should have been in the other For I confess I am ashamed these things proving so as they are generally reported to be that it was not my good fortune to be the onely Author of the Reformation and punishment of them by some Ordinary Courts of Justice Nevertheless since these things are new discovered by Parliament which before I knew not of nor could so well have discovered otherwise in regard of that Representative Body of the Kingdom which comes from all parts of the Countrey I will be never a whit the slower to do my part for the execution For as many of you that are here have heard me often say and so I will still say so pretious unto me is the Publick Good that no private person whatsoever were he never so dear unto me shall be respected by me by many degrees as the Publick Good not onely of the whole Commonwealth but even of a particular Corporation that is a Member of it And I hope that ye my Lords will do me that right to publish to my people this my Heart and purpose The second Reason is That I intend not to derogate or infringe any of the Liberties or Priviledges of this House but rather to fortifie and strengthen them For never any King hath done so much for the Nobility of England as I have done and will ever be ready to do And whatsoever I shall say and deliver unto you as my thought yet when I have said what I think I will afterwards freely leave the Judgment wholly to your House I know you will do nothing but what the like hath been done before And I pray you be not jealous that I will abridge you of any thing that hath been used For whatsoever the Precedents in times of good Government can warrant I will allow For I acknowledge this to be the Supream Court of Justice wherein I am ever present by Representation And in this ye may be the better satisfied by my own presence coming divers times among you Neither can I give you any greater Assurance or better Pledge of this my purpose then that I have done you the honor to set my onely Son among you and hope that ye with him shall have the means to make this the happiest Parliament that ever was in England This I Profess and take comfort in That the House of Commons at this time have shewed greater love and used me with more respect in all their proceedings then ever any House of Commons have hitherto done to me or I think to any of my Predecessors As for this House of yours I have always found it respective to me and accordingly do I and ever did favor you as you well deserved And I hope it will be accounted a happiness for you that my Son doth now sit among you who when it shall please God to set him in my place will then remember that he was once a Member of your House and so be bound to maintain all your lawful Priviledges and like the better of you all the days of his life But because the World at this time talks so much of Bribes I have just cause to fear the whole Body of this House hath bribed him to be a good Instrument for you upon all occasions He doth so good Offices in all his Reports to me both for the House in general and every one of you in particular And the like I may say of one that sits there Buckingham he hath been so ready upon all occasions of good Offices both for the House in general and every Member in particular One proof thereof I hope my Lord of Arundel hath already witnessed unto you in his Report made unto you of my Answer touching the Priviledges of the Nobility how earnestly he spake unto me of that matter Now my Lords the time draws near of your Recess whither formality will leave you time for proceeding now to Sentence against all or any of the persons now in question I know not but for my part since both Houses have dealt so lovingly and freely with me in giving me a free gift Two Subsidies in a more loving manner than hath been given to any King before and so accepted by me And since I cannot yet retribute by a General Pardon which hath by Form usually been reserved to the end of a Parliament the least I can do which I can forbear no longer is to do something in present for the ease and good of my people Three Patents at this time have been complained of and thought great Grievances 1. That of the Inns and Hosteries 2. That of Ale-houses 3. That of Gold and Silver Thred My purpose is to strike them all dead and that time may not be lost I will have it done presently That concerning Ale-houses I would have to be left to the Managing of Justices of the Peace as before That of Gold and Silver Thred was most vilely executed both for wrong done to mens persons as also for abuse in the Stuff for it was a kinde of false Coyn. I have already freed the persons that were in prison I will now also damn the Patent and this may seem instead of a Pardon All these three I will have recalled by Proclamation and wish you to advise of the fittest Form to that purpose I hear also there is
Letter quickned the Pope whereupon there ensued a Congregation of Cardinals to determine the matter and afterwards the Popes assent And then the Court of Spain declared such an intire Agreement for the Alliance with England that King Iames was satisfied and could expect no further difficulty But his intelligence from Bruxels and all other parts of the World did quickly cool and almost quench his hopes Sir Richard Weston was a man approved by Gondomar who commended the Kings wisdom in the Election of so fit a Minister for the Treaty at Bruxels yet the man so well disposed and suited to the Kings designs wrote desperate Letters of the Infanta's cold and unworthy manner of Treating in that important business of restoring the Palsgrave Whilest the King of Englands proceedings were so just and clear the Count Palatine was retired to Sedan and there sojourned with his Uncle the Duke of Bouillon and his Partizans Duke Christian of Brunswick and Count Mansfield the pretended obstacles of the Treaty were removed and had taken another course Mansfield went for Holland where the States intended to use him for the raising of the siege of Bergen by cutting off the Convoys between Antwerp and the Spanish Leagure And King Iames had lately offered That in case the forces of Mansfield and Brunswick would not rest but still perturb the Treaty he would joyn with the Emperor and the Arch-Dutchess to quiet them And the English Companies in the Palatinate being penned up in Garrisons could not cause disturbance In the mean while that miserable Countrey was burnt and sacked in the sight of the English Ambassador And now the Imperial and Bavarian forces fall to the besieging of Heidelburgh When the Ambassador at Bruxels complained of these proceedings he received frivolous Answers mixed with Recriminations All that Weston obtained was onely Letters of intreaty from the Infanta to the Emperors Generals to proceed no further though she had before acknowledged a full power from the Emperor to conclude the desired Cessation But they pretended that they would restore all when all was taken For this cause Sir Richard Weston acquainted the Marquess of Buckingham that he could not discern how the weak Hopes given him at Bruxels could agree with those strong Assurances given by the Lord Digby from the Court of Spain Moreover to protract the Palsgraves business the Emperor takes occasion to appoint a Dyet at Ratisbone contrary to his own promise as himself acknowledged Mr. Gage returned from Rome with no better fruit of his Agency for the Dispensation cannot pass till the King give satisfaction to a number of new Conditions which before were never dreamed of and had this mischief in them to bring the King in jealousie with the greatest part of his Subjects A peece of Juggling was observed in this Negotiation For some points of larger Indulgence whereunto King Iames had yielded were concealed from the Pope by the Ministers of the King of Spain The Court then devised to put a good face upon an ill Game and good Sawce to an unsavory Dish For all the World expecting that Gage should bring the Dispensation at his first arival they made him give out That it was passed in Rome and sent from thence to Spain But the King made a close pursuit and resolved they should not escape him The Popes Demands superadded to the Articles of Marriage were taken in hand and Resolutions were given upon them in manner following To the Demand of a Publick Church in London besides a Domestick Chappel assigned to the Infanta and her Family the King made Reply That it was more then was assumed by himself or his Son the Prince That the Chappel allowed was not a private Oratory but in effect a Church where the World might take notice of the Religion which the Infanta professed in publick manner To another Demand That the Superior Minister having Ecclesiastical Authority be in Ordine Episcopali he answered That he would leave it to the King of Spain to appoint as he shall judge expedient But whereas the Pope required That the Ecclesiasticks be subject to no Laws but of their own Ecclesiastical Superiors his answer was That exemption seemed strange as not allowed in all States and Countreys that were of the Roman Religion As for the Education of the Children under the Mothers government Let the King of Spain judge indifferently said the King how unfit it were for us to declare to the World That we engaged our self to permit our Grand-children to be brought up unto years of Marriage in a Religion which we profess not and which is not publickly professed in our Kingdom And further then we have already assented in general to leave the Children under the Mothers tuition for a longer or shorter time according to their constitution and health which may possibly reach unto the time required by the Pope We can by no means condiscend unless the King of Spain think it fit to limit the time to a certainty And whereas the Pope expected some larger offers for the general good of the Roman Church the King shewed That the Articles of Religion agreed upon between himself and the late King of Spain were accounted so satisfactory in the judgment of the Learnedst and greatest Clergy of Spain That they declared their opinion that upon the offer of such Conditions the Pope ought not to withhold the Dispensation And he said further That the Pope was satisfied that he of his own Authority could not grant a general Liberty of exercising the Roman Religion And what is it that they would have For setting that aside he had in a manner done already all that was desired as all the Roman Catholicks have found out of his gratious Clemency towards them and will no doubt acknowledge This Resolution the King sent into Spain for he would not seem to Treat with Rome and therewith this Letter to the Lord Digby now made Earl of Bristol Right Trusty and Welbeloved OUr pleasure is that immediately you crave Audience of that King and represent unto him the merit that we may justly chalenge to our self for our sincere proceedings with the Emperor and him Notwithstanding the many Invitations and Temptations we have had to engage our self on our Son in Laws part That we have both from the Emperor and from him hopes given us from time to time of extraordinary respect howsoever our Son in Law had deserved which we have attended and expected even to the last with much patience and in despight as it were of all opposition which might shake our Resolution in that behalf If now when all impediments are removed and the way is so prepared as that the Emperor may give an end unto the War and make some present Demonstration of his respect towards us in leaving us the honor of holding those poor places which yet remain quietly and peaceably until the general Accommodation the same shall nevertheless be violently taken
to have written them if the reading of them stir but the least spark of the Catholick faith in the heart of so great a Prince whom we wish to be filled with long continuance of joy and flourishing in the glory of all Vertues Given at Rome in the Palace of S. Peter the 20. of April 1623. in the Third year of our Popedom Gregorius P. P. XV. Duci Buckinghamiae NObilis Vir Salutem lumen Divinae gratiae Authoritas qua Nobilitatem tuam in Britanna Regia florere accepimus non modo meritorum praemium sed virtutis patrocinium habetur Egregium plane decus atque adeo dignum cui populi illi addi cupiant diuturnitatem Verum vix dici potest quantus ei cumulus gloriae in orbe terrarum accederet si Deo favente foret Catholicae religionis praesidium facultatem certe nancisceris qua te eorum Principum conciliis inserere potes qui nominis immortalitatem adepti ad coelestia regna pervenerunt Hanc tibi à Deo tributam à Pontifice Romano commendatam occasionem ne elabi patiare Nobilis vir Non te praeterit regalium consiliorum conscium quo in loco Britanna res hac aetate sit quibusque Spiritus sancti loquentis vocibus Principum tuorum aures quotidie personent Quae gloria esset nominis si te hortatore ac suasore Anglicani Reges coelestem illius gloriae haereditatem recuperarent quam Majores eorum amplissimam in iis regnis reliquerunt divini cultus incrementa curando Pontificiae authoritatis ditione non solum tuenda sed etiam propaganda Multi fuerunt atque erunt in posterum quos benevolentia Regum perituris divitiis locupletavit invidiosis titulis auxit atque ut id Nobilitas tua consequatur non ideo sempiternis laudibus nomen tuum memor posteritas colet at enim si consilia tua potentissimos Reges populosque ad Ecclesiae gremium reducerent scriberetur nomen tuum in libro viventium quos non tangit tormentum mortis ac te Historiarum Monumenta in eos sapientes referrent in quorum splendore Reges ambulaverunt Quibus autem te praesentis vitae solatiis futurae praemiis remunetaretur Deus ille qui dives est in miseâ—icordia omnes facile provident quibus nota est ars vis qua Regnum Coelorum expugnatur Tantae te saelicitatis compotem fieri ut cupiamus efficit non solum Pontificia Charitas ad cujus curas totius humani generis salus pertinet sed etiam genetricis tuae pietas quae cum te mundo peperie Romanae etiam ecclesiae quam ipsa matrem suam agnovit iterum parere cupit Proin cum in Hispanias profectionem paret dilectus Filius religiosus vir Didacus de la Fuente qui gravissima principum tuorum negotia in urbe fapienter Administravit ei mandavimus ut Nobilitatem tuam adeat atque has Apostolicas literas deferat quibus Pontificiae Charitatis magnitudo salutis tuae cupido declaretur Cum ergo audire poteris sententiae nostrae interpretem atque iis virtutibus instructum quae exterarum Nationum amorem Catholico etiam Religioso Sacerdoti conciâ—lare potuerunt Ille quidem ea do te in hac orbis Patria praedicavit ut dignus sit quem singulari affectu complectaris Authoritate tua Munias Britannorum Regum populorumque saluti gloriae inservientem nos quidem Patrem Misericordiarum Orabimus ut Nobilitati tuae coelestis Regni fores patefaciat frequentia praebeat Clementiae suae documenta Datum Romae apud sanctam Mariam Majorem sub Annulo Piscatoris die 19 Maii. 1623 Pontificatus nostri Tertio Pope Gregory to the D. of Buckingham RIght honorable we wish you health and the light of Gods grace The authority which we understand you have in the Court of England is accounted not only the reward of merit but the patronage of vertue A remarkable honor indeed and of such worth that the people there ought to pray for its continuance But it can scarce be exprest what an access of glory it would receive in the world if by the grace of God it should become the safeguard of the Catholick Religion You have the means to ingraft your self into the assembly of those Princes who having obtained an immortal name have purchased the heavenly inheritance Suffer not Hononorable sir this ocasion to slip out of your hands afforded you by God and recommended to you by the Pope of Rome You are not ignorant as intimate in the Kings counsels in what condition the affairs of England are in this our Age and with what voices of the Holy Ghost speaking the ears of your Princes daily tingle How greatly would you be renown'd if by your perswasion and admonition the King of England should obtain the heavenly inheritance of that glory which their Ancestors left them most ample in those kingdoms by taking care of the increase of Gods worship and not only defending but propagating the dominions of the Pope's authority There have been and will be many hereafter whom the favor of Kings hath much enriched with wealth that fadeth away and honored with envious titles And if your Honor attain this Posterity will therefore adore your memory with everlasting praises But if your advice should reduce Potent Kings and Nations to the Lap of the Church your name would be written in the Book of the Living whom the pangs of death assault not and the Records of Historians would number you among those Sages in whose light and conduct Kings have walked And with what comfort of the present life and reward of the future that God who is rich in mercy would recompence you they easily foresee who are acquainted with the skill and violence by which the Kingdom of Heaven is conquered That we wish you to be partaker of so great happiness not onely our Papal Charity moves us to whose care the salvation of mankinde belongeth but also the Piety of your Mother who having brought you forth to the World desires to bring you forth again to the Church of Rome whom she acknowledges for her Mother Therefore Didacus de la Fuente our beloved Son a Fryer who hath prudently managed the most important affairs of your Princes here in Rome being to go to Spain we have commanded him to wait upon your Honor and to deliver you those Apostolical Letters to evidence the greatness of our Papal Charity and our desire of your salvation You may be pleased to hearken to him as the interpreter of our minde and one adorned with those vertues which have been able to purchase the love of Foreign Nations to a Catholick and a Regular Priest Truly he hath spoken such things of you in this Country of the World that he is worthy whom you should cherish with a singular affection and protect with your Authority as one studious of the glory and safety of the
from others but the Graces vouchsafed to them from himself and they were now confident that such potent intercessions having been made with him and all civil jealousies removed he will not onely command a real performance of what is promised but according to his own Loyal heart will enlarge the benefit Furthermore he assured the King That such difficulties as were already spent and were yet to come have been laid hold on by the Cardinals neither to frustrate nor prolong this Treaty but ouâ— of an opinion that otherwise they could not secure their Consciences proceed upon a just and valuable ground and satisfie the judgments of such discreet persons as may in times to come understand the Passages of this great Business So the long solicited Dispensation came from Pope Gregory the Fifteenth to the Court of Spain But whereas it was expected full and absolute it came with a Clog a Clause thrust in of purpose to retard the proceedings That whereas there were certain Articles condiscended unto by the King of England in favor of the Roman Catholicks in his Dominions Caution should be given for the performance of those Concessions The King answered That he could give no other Caution then his own and the Princes Oath exemplified under the Great Seal of England But this would not satisfie unless some Sovereign Catholick Prince would stand engaged for them Hereupon the frame of things was like to fall a sunder and a rumor went that the Prince intended to get away covertly Amidst the heats of this dispute Olivares whither in a humor or good earnest propounded three ways of accomodation The first was That Prince Charls should become Catholick The second That the Infanta should be delivered to him upon the former security without further condition The third was to binde him as fast as they could and not trust him with any thing And of these three ways he said The two former were good but the last was a bad one At length the King of Spain proffered to engage himself by Oath on the behalf of the King and Prince for the performance of the Articles Provided That he first consult with his Ghostly Fathers whither he might do it with a safe Conscience This was a fair contrivance whereby that King might not onely oblige our King and Prince but lay the ground-plot of a fair pretence of War against England if the Roman Catholicks received not satisfaction in the enjoyment of the Freedom promised Besides he would form a party in these Dominions to a Dependance upon his Protection A Iuncto of Divines were called to determine upon the Case and they go very gravely and tediously to work and protract the time almost beyond the bounds of the Princes patience but they conclude at last Affirmatively And in case the King of England fail to execute what was stipulated the King of Spain was to vindicate his Oath and right himself by the Sword Then was the Match declared publickly and the Prince had frequent access to the Infanta yet always in a publick manner and in the Kings presence Whilest these things were forging in Spain there were not wanting such as warned the King and tendred safer Counsels The Archbishop of Canterbury was bold to press him close in this serious Letter May it please Your Majesty I Have been too long silent and am afraid by my silence I have neglected the duty of the place it hath pleased God to call me unto and your Majesty to place me in But now I humbly crave leave I may discharge my Conscience towards God and my duty to your Majesty and therefore I beseech you freely to give me leave to deliver my self and then let your Majesty do with me what you please Your Majesty hath propounded a Toleration of Religion I beseech you take into your consideration what your Act is what the consequence may be By your Act you labor to set up the most Damnable and Heretical Doctrine of the Church of Rome the Whore of Babylon How hateful it will be to God and grievous to your good Subjects the Professors of the Gospel That your Majesty who hath often disputed and learnedly written against those Heresies should now shew your self a Patron of those wicked Doctrines which your Pen hath told the World and your Conscience tells your self are Superstitious Idolatrous and detestable And hereunto I adde what you have done in sending the Prince into Spain without consent of your Council the Privity and Approbation of your People And although you have a Charge and Interest in the Prince as Son of your Flesh yet have the people a greater as Son of the Kingdom upon whom next after your Majesty are their Eyes fixed and welfare depends and so tenderly is his going apprehended as believe it however his return may be safe yet the drawers of him into this Action so dangerous to himself so desperate to the Kingdom will not pass away unquestioned unpunished Besides this Toleration which you endeavor to set up by your Proclamation cannot be done without a Parliament unless your Majesty will let your Subjects see that you will take unto your self ability to throw down the Laws of your Land at your pleasure What dread consequence these things may draw afterward I beseech your Majesty to consider and above all lest by this Toleration and discountenancing of the true Profession of the Gospel wherewith God hath blessed us and this Kingdom hath so long flourished under it your Majesty do not draw upon this Kingdom in general and your self in particular Gods heavy wrath and indignation Thus in discharge of my duty towards God to your Majesty and the place of my Calling I have taken humble leave to deliver my Conscience Now Sir do what you please with me The King would not admit any Motion of drawing back but in going forward he would yield to all demands and was accordingly scrued up to the greatest height So at last the Difficulties in Rome and Spain were all surmounted and then these following Articles Stiled by the Cardinals Propositions for the right Augmentation and Weal of the Roman Catholick Religion were sworn unto by the King Prince and Privy Council I. THat the Marriage be made by Dispensation of the Pope but that to be procured by the endeavor of the King of Spain II. That the Marriage be once onely celebrated in Spain and ratified in England in form following In the Morning after the most Gratious Infanta hath ended her Devotions in the Chappel she and the most Excellent Prince Charls shall meet in the Kings Chappel or in some other Room of the Palace where it shall seem most expedient and there shall be read all the Procurations by vertue whereof the Marriage was celebrated in Spain and as well the most Excellent Prince as the most Excellent Infanta shall ratifie the said Marriage celebrated in Spain with all solemnity necessary for such an Act so
Laws made against any Roman Catholick whatsoever nor will execute any punishment inflicted by any of those Laws but in all things which belong to me will faithfully observe his Majesties word given in that behalf But in the taking of the solemn Publick Oath it is said there arose a difficulty between the King and the Spanish Ambassadors concerning the Popes title Most holy which the King refused to pronounce openly in the Chappel at Whitehall alleadging that it was repugnant to his Religion and might be an impeachment to his honor But the Ambassadors would proceed no further till the King had yielded to give him that Title There was another rub which the King soon removed The Ambassadors had heard that in the Kings Chappel when they should come to see the swearing of the Articles they should be present at such Prayers and Singing as were used in the Protestant Church whereunto they declared that they could not yield since the end of their coming thither was to maintain and warrant the Catholick Apostolical and Roman Church Whereupon the King commanded that nothing should then be sung but what was chanted when the Constable of Castile did swear the Peace between the two Crowns which was a Hymn of Joy in praise of Peace At that time England had swarms of Priests and Jesuites who were busie in drawing the people from the Protestant religion And a titular Bishop of Calcedon privately came to London to exercise Episcopal jurisdiction over the Catholicks of this Kingdom 'T is said that King Iames had now so much confidence of the Match as to say openly in the Court That now all the Devils in hell could not break it In Spain the Infanta was stiled the Princess of England and was kept no longer in her Virgin-retirements In England a Chappel was building for her at S. James and Don Carlos de Colona laid the first stone Her Picture was every-where to be seen and a Fleet was prepared for her passage And the greatest Enemies to this Alliance submitted to the Kings will But in all this Capitulation between the two Crowns hitherto the Restitution of the Palatinate was laid aside the King conceiving that the Consummation of the Match would overrule and settle that affair to his entire satisfaction In the height of the Spanish Treaty there was a notable Letter writ from Mr. Alured to the Duke perswading him not only to endeavor the breaking off the Match with Spain but also the preventing of any Match with a Princess of a different Religion THe Parable in the Gospel said he tells of a great King that married his Son and bade many thereunto yea upon the excusal of some and reâ—usal of others all of whatsoever condition as well out of the high-ways as the high-places were called and invited As every true Christian hath an interest in the Marriage of that Kings Son of Heaven so every good Subject as well as every great Subject hath an interest in the Marriage and welfare of the Kings Son here on Earth Which occasions so many and me the meanest of those many to wish that it may bring with it glory to Him on high good will and peace to those on earth Which is much doubted cannot be from Spain since the motioning of that Match makes a general fear that it can neither be safe for the Kings person nor good for his Church and Commonwealth because that thereby there may be an inlet to the Romish Locusts who like the Cankerworm may in an instant smite our Gourd under whose shadow we sit safe To address this poor discourse to your Lordships more particular Kings have almost ever used to have their Favorites Alexander had long since his Ephestion and Henry the Third of France of late his Espernon and Philip of Spain had since his Lermas Yea the best Princes have not wanted them For after the reckoning of David's great Officers Hushai the Archyte is called the Kings Friend and Ira the Iarite is set down to have been Chief about David Which stands to Reason and agrees with Nature For every private man is left to affect as he likes neither can Affection be forced Now to disallow or confine that in a King which is left at liberty in the meanest Subject were preposterous and injurious For though they command Nations as they are Kings yet they are subject to their Passions as they are men And if I may alleadge it without misinterpretation of others as I am free from ill meaning my self Who knows but Christ the rather to shew himself a Natural man expressed so much â—he more his Passion in his often weeping and his Affection to divers particulars but especially to S. John if I may not say his Favorite certainly the Disciple whom Iesus loved more then any of the rest It is Gods blessing and your happiness if you account it so to be the Kings Favorite As Peter therefore not presuming to ask Christ who it was he spake of beckoned to the Disciple whom Iesus loved on whose breast he leaned to ask for him so since most men neither may or ought to be so bold to ask or advise the King in this business so much spoken of yet they point at you who the higher you are in the Kings favor the more you are in the Peoples eye and observation and they expect you will not be wanting in the duty of a Subject a Councellor and a Favorite We do not read of any servant almost better respected of his Lord and Master then Eliezar of Damascus whom Abraham had meant had he died childless to have made his heir and we read not of any service he did Abraham more at least greater then in choice of a Wife for his son Isaac Among the Servants of our Patriarch the Defender of our Faith we observe none better respected then your self For the King hath manifested he loves not your person only but takes care for your soul and labors to make you as good as great and as happy in another world as high in this Yet we know not wherein you can do him better service then with Eliezar to help to choose a Rebeccah for our hopeful Prince We have not heard said he of any Protestant King that ever married with a contrary Religion save the last Henry of Navar with the last Margaret of France which Marriage so unfortunate to the parties having never Issue and being afterwards divorced was also so fatal to our Religion that there was more Blood spilt at those Nuptials then Wine spent For while the Protestants dreamed of the glory and security they should have by the Match they were most miserably massacred And who doubts but what the French Papists committed in their own Country upon that colour and occasion the Spanish Papists would be glad to see done in this Kingdom upon the like For without breach of charity we may doubt of their sincere meaning though there be
a Treaty of a Match since in Eighty Eight even while there was a Treaty of Peace their Armado came upon us Again we shall find it was forbidden in the best people in the world to marry with a differing Religion The injunction the reason and the effect are laid down in Deuteronomy to the Jews And if we descend to our own Books and Chronicles we shall find that God hath crossed if not cursed our alliance and association particularly with the Spanish Nation the position of that Country and the disposition of that People being as it were so malignant and ill-agreeing with us The Prince of the greatest performance that ever this Kingdom or Christendom had was the Black Prince Yet our Chronicle records that going into Spain to settle Don Pedro in that Kingdom besides the monstrous ingratitude and peafidiousness of the Spaniard who failed in the performance of those Conditions he had promised which caused the miserable Revolt in France to the loss of our inheritance the Prince was so poisoned in that Country that he never had his health after Moreover he beseeched his Lordship to observe that all the Marriages which the Heirs and Princes of this Crown have made in England for these last six-score years except the several second Matches of Henry the Eight have been onely and no-where else but with Spain which how little God hath blest the success shews Prince Arthur married the Spanish Kings daughter We know God took him away suddenly within a very small time and without any issue In a Politick respect we would yet make a second Match so Prince Henry afterwards King married the same daughter But doubtless God was less pleased with that Match which was less lawful and therefore God took away all the male-children of it and left only a daughter in whose short Reign was shed more blood for the true Religion in six years then for the false in these succeeding sixty years We made then a third Adventure and Marriage with Spain Queen Mary with King Philip which was so discontenting to the People that it caused Wyats Rebellion so discomfortable to the Queen that it brake her heart being left and neglected of her Husband and so dishonorable and prejudicial to the Kingdom that merely for the Spaniards sake we having no difference at all with France we lost Calis in six days which had been above two hundred years in our possession He added lastly Though I have not so much judgment nor so little wit as to presume to advise where to match yet I assume so much as to think a Match at home cannot be held any ways inconvenient We find the first and the last of our Kings that ever matched with their Subjects were Ed. 4. and Hen. 8. From which two Matches God as it were to shew the less we rely upon others abroad the more he will help us himself at home gave two daughters two Elizabeths two such Queens then which there were never two more blessed Instruments of Gods glory and this Kingdoms good by establishing Peace in the Land and Religion in the Church until his Majesties happy coming who brought both with him The French were very jealous of the Conjunction between Spain and England and thought it the safest way to make peace at home and imploy their strength to bound the Incroachments of Spain and the House of Austria By which means a bitter Persecution ceased in that Kingdom The Protestants of France were permitted to call home their banished Ministers to build their ruined Temples and to enjoy their liberty in Religion This benefit did the Kings closing with Spain procure to a people almost ruined But after all the Kings concessions the Spaniards contrived new delays and proposed harder terms The Pope had obliged the Catholick King to see the Conditions performed and to protract the Marriage till matters in England were in perfect execution Whereupon the Divines advise that King that the Promises of Marriage be made presently but the Consummation thereof and the delivering of the Infanta be deferred till May the year following And the death of Pope Gregory did strengthen this contrivance For the Spanish Ministers pretended that in regard there was no Contract but a Treaty only on foot the Dispensation which lay in the Nuncio's hands was by the Popes death suspended and a Ratification from the new Pope was requisite before any further progress could be made Cardinal Barberine was chosen Successor to Gregory the Fifteenth and took the name of Urban the Eight Soon after his election he wrote these ensuing Letters the one to King Iames the other to Prince Charls Serenissimo IACOBO Magnae Britanniae Regi Illustri URBANUS P. â— VIII SErenissime Rex salutem lumen Divinae gratiae Scotiae regnum quod inclytos terris Reges sanctissimosque coelo cives peperit cum ad Cardinalatus nostri patrocinium pertinuerit laetitiae simul ac moeroris uberem nobis materiam afferebat Exultabamus gaudio cogitantes in ea Regione quam Romanorum arma expugnare omnino non potuerunt Romanae Ecclesiae fidem feliciter triumphasse Scotumque Regem nullum hactenus extitisse qui Pontificiae authoritatis hostis obierit At enim vertebatur in luctum cythara nostra cum ad praesentium temporum miserias oculos lachrymis manantes converteremus Videmini enim laborante discordiarum patre obliti esse eum qui nutrivit vos contristati nutricem vestram Hierusalem Quare Apostolica sedes quae populos istos jampridem Christo genuit moerore conficitur dum tam praeclaâ—am haereditatem verti videt ad extraneos damnique sui magnitudinem Britannorum Regum laudibus istarumque Provinciarum gloria metitur Id vero praeter caetera dolendum orbi Christiano videtur Jacobum regem Catholicorum regum prolem sanctissimae Parentis filium à Pontifice Maximo atque à Majoribus suis in Religionis cultu dissentire Si enim sublime istud ingenium quod literarum studiis prudentiae artibus Rex celeberrimus excoluisti affulgenti Patri luminum assentiretur facilè conjicit Christiana Respublica quanto publicae concordiae bono factum esset ut Nationes istas Insulasque aut montium claustris aut Oceani gurgitibus dissitas Scoticus rex imperio conjungeres Videtur enim Majestas tua ob eam rem facta esse tot Provinciarum domina ut ab eo cui parent facilius celeriusque Regna ista medelam ac salutem acciperent Quare assiduis precibus jam tum eum venerabamur qui dat salutem Regibus ut to Divinae clementiae beneficia quibus in conspectu Potentium admirabilis es ad Britanniae incolumitatem Ecclesiae gaudium conferret Affulsit autem nobis non ita pridem beata spes oriens ex alto cum te Austriacae affinitatis cupidum cognovimus ex Catholica matre progigni exoptantem eos qui tuam haereditatem adire populosque istos ditione tenere debent
Proin vix dici potest quod nobis solatium obtulit sanctissimae recordationis Pontifex Gregorius XV. Praedecessor noster dum nos in eorum Cardinalium coetum ascivit quos Anglicani matrimonii causam cognoscere voluit Enituit in nobis tantum negotium disserentibus singularis quaedam propensio in Majestatem tuam cujus cum faveremus laudibus felicitati etiam consultum cupiebamus Nunc autem cum per Apostolici senatus suffragia ad hanc stationem pervenimus ubi pro omnibus terrarum regibus excubandum est non satis explicare possumus quanta nobis cura desiderium sit Magnae Britanniae ac tanti Regis dignitas Divinitus vero accidisse videtur ut primae literae quae nobis in B. Petri sede regnantibus redderentur eae fuerint quas Praedecessori nostro Nobilissimus Carolus Walliae Princeps scripserat testes suae in Romanos Pontifices voluntatis Nunc autem cum venerabile illud Conjugium benedicente Domino perfici cupiamus alloqui te decrevimus nullis Majestatis tuae literis expectatis Charitas enim Pontificii Imperii decus est quamvis in sede hac potentissimorum regum obsequiis culti commoremur magnificum tamen nobis existimamus suadente charitate ad humiles etiam preces descendere dum animas Christo lucremur Primum ergo credere omnino te volumus nullum esse in orbe Christiano Principem à quo plura expectare possis paternae benevolentiae documenta quà m à Pontifice Maximo qui te desideratissimum filium Apostolicae charitatis brachiis complecti cupio Scimus quibus te literis nuper ad tantum decus adipiscendum excitavit Gregorius XV. Cum in ejus locum venerimus ejus in te propensionem non imitabimur solum sed etiam superabimus Speramus enim Nuntios è Britannia propediem allatum iri qui Majestatem tuam rei Catholicae favere testentur Catholicosque isthic commorantes quos Pater misericordiarum asseruit in libertatem â—iliorum Dei poenarum formidine liberatos Regali tandem patrocinio perfrui Remunerabitur ille qui dives est in misericordia ejusdmodi consilium illustri aliqua felicitate Tum nomini Majestatis tuae plaudent regna terrarum militabunt acies coelestis exercitus Frendant licet dentibus suis peccatores minetur seditione potens impietas sperat Europa se visuram Jacobum Regem in Romana ecclesia triumphantem Majorum suorum exempla novis pietatis operibus augentem Non diffidimus adesse jam tempus Divini beneplaciti quo illiqui Britannicae religionis laudes monumentis consignant non semper alterius seculi facta loquentur sed praesentis etiam Principatus decora consequentibus aetatibus proponere poterunt ad imitandum Majores illi tui te vocant qui tibi tantae claritudinis potentiae haereditatem reliquerunt qui coelestis regni fores Pontificiis clavibus generi humano patefieri crediderunt Certè fieri non potest ut Majestas tua tot saeculorum fidem Regum de te praeclarè meritorum judicium aut contemnere audeat aut condemnare Nonne vides sententia Majestatis tuae iis omnino coelum eripi qui tibi Regnum reliquerunt dum eos in Religionis cultu aberrasse contendis Ita fieret ut quos universa Ecclesia cives coeli cohaeredes Christi in aeterna patria dominari credit tu exipsorum sanguine prognatus tuo suffragio è coelo detraheres atque in errorum abyssum poenarum carcerem detruderes Non sentis tanti cogitatione facinoris ingrati animi tui viscera perhorrescere Nonne ejusmodi consiliis Regalis ingenii indoles reclamitat quam tamen tot Europae Nationes dum ab Apostolica sede dissentit reprehendere coguntur Alliciat oculos tuos tantae gloriae splendor quae tibi è coelo caput ostentat manum porrigit in Sanctuarium Dei Britannos Reges per te reductura comitantibus Angelis hominibusque plaudentibus Jacebat olim in orbe terrarum deformata aerumnis Christiana religio tyrannorum minas expavescens Eam vero non solum è latibulis eduxit sed ad imperium etiam vocavit Imperator ille quem Magnae Britanniae debemus Constantinus Magnus Pontificiae authoritatis Propugnator Romanae fidei assertor Hic aptum Majestatis tuae Regalis imitationis exemplar non Reges illi qui sunt transgressi dissipantes foedus sempiternum In ejus gloriae Societatem nos ex hac terrarum specula te vocamus exoptissime Fili. Impone praeteritis annis diem unum grata totius posteritatis memoria celebrandum Impone Mitram capiti tuo honoris aeterni ut te rerum potiente dicere cum Sancto Apostolo possimus Vidi in Britannia Coelum novum Civitatem novam descendentem de coelo super muros ejus Angelorum custodiam Id si continget Pontificatus nostri tempora generi humano faelicia affulsisse arbitrabimur Coeterum tibi Sollicitudinem hanc nostram adeo gratam fore existimamus ut omnino speremus te his literis acceptis statim Catholicorum isthic degentium commoda aucturum Quod si praestiteris nos tibi mirum in modum devinxeris Majestati tuae tanti beneficii debitorem delegabimus ipsum Regem Regum qui dum Regalem istam Domum illustri aliqua faelicitate sospitabit Romanae Ecclesiae votis annuet Sacrorum Antistitum gaudio consulet Datum Romae apud Sanctum Petrum sub annulo Piscatoris die XV Oct. MDCXXIII Pontificatus 1o. To the most Illustrious Prince IAMES King of Great Britain MOst serene King We wish you health and the light of Gods grace When the Kingdom of Scotland which hath brought forth famous Kings to earth and most holy Citizens to heaven was under our protection whilst we were yet Cardinal it afforded us plentiful matter of joy and sorrow We were exceeding joyful when we considered that the faith of the Roman Church hath happily triumphed in that Country which the Roman Armies could never conquer and that there was never yet King of Scotland who died an Enemy to the Popes authority But our harp was turned into mourning when we cast our eyes flowing with tears upon the miseries of the present times For you seem while the Father of discords is active to have forgotten him who nourished you and to have made sad your nurse Ierusalem Wherefore the Apostles seat which brought forth that people to Christ is pierced with sorrow while it beholds so famous an inheritance to be given away to strangers and measure the greatness of its loss by the praises of the British Kings and the glory of those Dominions But this above all ought most to be lamented by the Christian world that King James the offspring of Catholick Kings and the Son of a most holy Mother should dissent from the Pope of Rome and from his own Ancestors in point of Religious worship For if those eminent parts which you a
most famous Prince have polished with Learning and Arts of Prudence would assent to the Father of lights illuminating the Christian world We easily apprehend how much it would conduce to the Publick peace that being King of Scotland you should join in one Kingdom those Nations and Islands divided either by the bars of the Mountains or by the depths of the Ocean For your Majesty seems for that very reason to be made Lord of so many Provinces that they might more easily and quickly receive healing and salvation from him whom they obey Wherefore we even then besought God by continual â—rayers who gives salvation to Kings that so many blessings by his grace conferred upon you by which you are admirable in the sight of Potentates might bring safety to Britain and joy to the Church A blessed hope from above not long ago shined upon us when we understood that you were desirous of a Catholick alliance and that the â—ssue which should succeed in the inheritance and government of those Nations might be begotten of a Catholick mother We can scarcely express how much joy Gregory the Fifteenth of blessed memory our Predecessor brought us when he made us one of the Congregation of those Cardinals whom he would have to take cognisance of the English Match While we discoursed of a matter of so great importance we expressed a singular propension of mind towards your Majesty and were both tender of your praises and desirous to provide for your happiness And now being by the consent of the Apostolical Senate advanced to this station where we are to watch and ward for all earthly Monarchs we cannot sufficiently declare what a care and desire we have of Great Britain and the honor of so great a King It seems to have been a special providence of God that the first Letters which we received reigning in the seat of S. Peter were those which the most noble Charls Prince of Wales wrote to our Predecessor as a testimony of his affection to the Popes of Rome And since we now desire that this venerable Marriage should by the blessing of God be perfected we resolved to write unto you without expecting Letters first from you for Charity is the honor of the Papal Empire and although most powerful Kings do homage to us in this seat yet we account it glorious charity so perswading to descend to humble prayers so that we may gain souls to Christ. First therefore we desire you to perswade your self that there is no Prince in the Christian world from whom you can expect more evidence of fatherly affection then from the Pope who desires to embrace you a most desired Son with the arms of Apostolical charity We know with what a Letter Gregory the Fifteenth excited you to obtain so great a glory And since we have succeeded him we will not only imitate his inclinations towards you but will exceed them We hope we shall shortly have news out of England that your Majesty is favorable to the Catholick interest and that the Catholicks who live there whom the Father of mercies hath vindicated into the liberty of the sons of God being freed from the fear of punishment enjoy your Royal protection He who is rich in mercy will reward such a purpose with some signal happiness The Kingdoms of the Earth will applaud your Majesty and the Host of Heaven will wage war for you Though sinners gnash their teeth and Impiety powerful to raise sedition threaten yet Europe hopes she shall see King James triumphing in the Roman Church and increasing the example of his Ancestors by new works of Piety We do not distrust that the time of Gods good pleasure is now at hand when they who recommend to History the praises of the British Religion shall not always speak of the deeds of another Age but may be able to propose the present Government as a pattern of imitation to the Ages following Your Ancestors call upon you who have left you so powerful and so famous an inheritance who believed that the gates of the kingdom of Heaven were opened to mankind with the Popes keyes Certainly it cannot be that your Majesty should dare either to contemn or condemn the belief of so many Ages and the judgment of so many Kings who have deserved well of you Do you not see that by your Majesties opinion they are deprived of Heaven who left you a Kingdom while you contend that they erred in the worship of their Religion By this means it would be that whom the Universal Church believes to be Citizens of Heaven and to reign as Coheirs with Christ in that everlasting Country you who are descended of them should snatch them out of Heaven and thrust them into the bottomless pit of Error and the prison of hellish torments Do you not perceive your bowels yearn at the thought of so ungrateful an offence Are not such deliberations repugnant to your Royal temper which nevertheless so many Nations of Europe are forced to reprehend while it dissents from the Seat of the Apostles Let the splendor of so great glory allure your eyes which looks out of Heaven upon you and reaches you out a hand ready to reduce by your means the Kingdom of Britain into the Sanctuary of God with the conduct of Angels and acclamations of men A long time ago Christian religion lay all along in the world squalid and deformed with anguish affrighted with the threats of Tyrants But that Emperor whom we owe to Great Britain Constantine the Great the Defender of the Popes authority and the Avoucher of the Roman Faith did not only bring her out of her lurking places but called her to an Empire He is a fit pattern of imitation for your Majesty not those Kings who have transgressed and dissipated the Everlasting Covenant We call you O most wished for Son from this Watch-Tower of the World into the Society of his Glory Adde one day to your past years which all posterity may celebrate with a grateful memory Put a Mitre of Eternal Glory upon your head that in the time of your Reign we may say with the Holy Apostle I have seen a new Heaven in Britain and a new City descending from Heaven and a guard of Angels upon her Walls If that should come to pass we shall make reckoning that our Reign hath been happy to mankinde This our Sollicitude we believe will be so grateful unto you That we verily hope upon the receipt of our Letter you will forthwith increase the advantage of the Catholicks which live there Which if you shall do you will exceedingly oblige us and we shall consign to you the King of Kings debtor of so great benefit who so long as he shall preserve your Royal Family in eminent Happiness shall second the wishes of the Roman Church and bring ioy to the holy Prelates Dated at Rome at St. Peters sub annulo Piscatoris 15 Octob. 1623. The first year of our Reign Nobilissimo
that your so vehement desire of a Catholick marriage is a certain voice of God calling you and disposing all things sweetly For it is not necessary that the Omnipotent should always thunder with the voice of his greatness because secret counsels themselves directing men into the way of Salvation are words by which the Eternal Wisdom speaks and declares the command of a Deity Wherefore we have ever endeavored to the utmost of our power that this Honorable Marriage by the blessing of God might be finished From hence you may perceive that none could have been advanced to this heighth of humane Affairs from whom you may expect more expressions of good will or fruits of bounty For your Ancestors which tamed Heretical Impieties and not onely revered but vindicated the Roman Hierarchy do recommend you a most Noble Prince to the Papal Charity For when Monsters of new Opinions broke into the Bulwarks of the Northern Ocean they bridled the endeavors of the wicked with wholesome arms and did not change the truth of God into a lye And if you as you write shall in good earnest glory more in the imitation of your Ancestors then that you are descended of Kings we easily foresee how great joy to the Church of Rome and how great felicity to the British Kingdoms these words do promise which deserve to be written in the Book of Life Such good turns O most desired Son the venerable Assembly of the Scotish Kings exacts and expects from you whose actions without doubt he condemns who revolts from their Religion The Catholick Kings of all Europe require this of you for how can their Concord be the Vow of your care as long as you dissent from them in a matter of the greatest importance that is in the veneration of holy Rites The Roman Church which England reverenced long ago as the Mistress of Truth whose belief you confess you hate not desires forthwith to open unto you the Gates of the Heavenly Kingdom and to bring you back into the possession of your Ancestors Think that now in Spain you are become a spectacle to God and Men and that you shall always be the desire and care of our Reign Take heed most Noble Prince that the Counsels of those who prefer worldly interests before heavenly do not obdure your heart Make glad the Host of Heaven which will fight in your Camps and return O most wished for Son into the embraces of the Church which desires you with the applause and favor of Men and Angels that so rejoycing in your Marriage we may sing with joy The Lord hath reigned and put on comeliness Certainly you who desire the Marriage of a Catholick Virgin ought to espouse the heavenly Bride with whose beauty Solomon the wisest of Kings boasts himself to have been enamored For this is the Wisdom by which Kings reign whose Dowry is the splendor of Glory and an eternal Principality and your Ancestors sought her in the Sanctuary of the Roman Church severed from the contagion of the World and reposing in the Wisdom of God We who write to you this Exhortation and testifie our Papal Charity desire to have your name renowned in the Histories of all Ages and that you may be recorded amongst those Princes who deserving well on Earth of the Kingdom of Heaven are become the example of Vertue to posterity and the measure of wishes We beseech the Father of Lights that this blessed hope by which he promiseth us the return of so great a Prince by the conduct of the Holy Ghost may forthwith fructifie and bring Salvation to Great Britain and joy to all the Christian World Dated at Rome at St. Peters sub annulo Piscatoris die 15 Octob. 1623. in the First year of our Reign Notwithstanding this great business of State began to look with an ill aspect by the concurrence of various Passages tending to a Rupture of the Treaty In England the Spanish Ambassadors demands grew high and peremptory yet the King to give them content directed the Lord Keeper and other Commissioners to draw up a Pardon of all Offences past with a Dispensation for those to come to be granted to all Roman Catholicks obnoxious to any Laws against Recusants and then to issue forth two General Commands under the Great Seal of England The one to all Judges and Justices of Peace and the other to all Bishops Chancellors and Commissaries not to execute any Statute against them The General Pardon was passed in as full and ample manner as themselves could desire or pen it But to that vast Prohibition to the Judges and Bishops some stop was made by the Advice of the Lord Keeper for these Reasons First Because the publishing of this General Indulgence at one push might beget a General Discontent if not a Mutiny but the instilling thereof into the peoples knowledge by little and little by the favors done to particular Catholicks might indeed loosen the Tongues of a few particular persons who might hear of their Neighbors Pardon and having vented their dislikes would afterwards cool again and so his Majesty might with more conveniency by degrees inlarge his favors Secondly Because to forbid the Judges against their Oaths and the Justices of Peace who are likewise sworn to execute the Law of the Land is a thing unpresidented in this Kingdom and would be a harsh and bitter Pill to be digested without some preparative The two Ambassadors with much ado consented That the matter should rest till the end of Six Moneths or the Infanta's arival yet they did it with a shew of discontent as if the King performed nothing The disaffection of these Ministers was supposed to be one rub in the way of this Alliance And on the other side some of the Princes followers in Spain being zealous of the Protestant Religion disliked the Match and shewed their aversness to it Sir Edmund Verney struck an English man a Sorbon Doctor a blow under the Ear for visiting and laboring to pervert one of the Princes Pages who was sick of a mortal Feaver Divers derided the Popish Ceremonies and Spanish Garb and slighted the Country and some committed irreverent actions in the Kings own Chappel Hereupon they began to disgust the English and to rail at Gondomar for informing the King and State That the Prince might be made a Catholick Moreover those many Irish that subsisted by Pensions from the Crown of Spain did no good offices and the French and Venetian Ambassadors in that Court were conceived not to be idle But there were greater things then these The Duke of Buckingham the Princes Companion and Guardian was much disrelished by the Court of Spain His French garb the height of his spirit and his over-great familiarity with the Prince were things opposite to the way and temper of that grave sober and wary people And the Council of Spain took exceptions that he should come with such a superintendent power in that great
could not be done This the Prince affirmed to be acted in his presence But the Earl of Bristol made a more benign construction thereof the Duke a right-down conclusion That this people never intended either Match or Restitution and so wished his Highness fairly at home again However the Messenger was dispatched to Rome Four or five days after his Highness was placed to see his Mistress in her passage through the streets as she made her visits from Church to Church But pressing for access he was delayed but at last obtained a visit But a very strange one He was not suffered to speak unto her but as they had set it down in words and syllables in writing saying They were no Astrologers and could not foresee the event of this Marriage and therefore they resolved to admit him as a Prince onely and not as a Suitor But the Conde salved this up with a Complement That if the Dispensation were once returned he should lie with her even that very night nay have her he should upon any terms If he could not be qualified to enjoy her as a Wife yet he should have her as a Mistress Soon after riding in a Coach it was urged by the Conde That the Infanta was of a tender Conscience and if she should come into England and finde the Prince an enemy to her Religion it would quite dishearten her His Highness consented to hear her upon this subject because he was as like to convert her as she was to pervert him A Conference with Divines was pressed upon his Highness which he refused and said If after Disputation with them they should not prevail against a yong man they would remain much disgusted and ill-affected to the whole Negotiation This kinde of importunity was still used toward the Prince till the return of the Dispensation Six weeks after the Princes arival came the Dispensation but his Highness understood from Rome by Mr. Gage that the Dispensation was returned much clogged in Matter and Manner especially with the annexed new Condition The King of Spain before the receiving of the Dispensation was to take an Oath to see all the Articles performed whereupon Faculty was issued really performed or else to make War in case of any failer upon the King of England His Highness signified his Resolution unto them that he neither could nor would adde or alter any thing of the first Articles sent to England A Iuncto of Divines are appointed to meet and consider whether the King might safely take the Oath By this time the Prince had gone through all the Articles sitting in person with the Committee onely leaving three undiscussed That of the Church that of the Nurse and that of the Education of the Children which his Highness reserved till he should speak with the King Then said the Conde Now the business is in a better way then ever it was a Match and without more ado she was his Wife But the next day came Gondomar and spake unto the Prince of the same Match as of a new thing and told him plainly That unless his Highness came to all the Conditions of the Dispensation as they were sent from Rome clearly and entirely nothing would be done for they had no power to remove or alter a word of false Latine Whereupon his Highness was justly distasted and offered to break Then they pressed the Prince that he would be pleased to stay twenty days until the King of Spain might receive an Answer from England The Prince resolved to stay upon condition that Sir Francis Cottington might be dispatched away within two days and some Messenger that might overtake him with the Articles that should be sent after as soon as ever they could be made ready But the two days of their hammering spun out to twenty at the end thereof they brought them with new Additions The Articles being at last sent to England the Iuncto of Divines delivered their opinions that the Infanta could not be sent over before the Spring at which his Highness was offended but the Conde prevailed with him to stay until their Ambassadors should certifie out of England that the Articles were assented unto by King Iames and put in execution and then the Lady should go with the Prince The Bishop of Segovia was pleased to say to the Duke That he had heard something of the State of our Kingdom and had received it from good hands That our King could not make a Toleration without a Rebellion and easily believed it because the King of Spain is not able in his Dominions to effect the like enterprise without incurring the like danger therefore he concluded it was unsafe to send the Lady thither at this time because we having granted as much in effect as a Toleration it was very probable she should be welcomed with a rising and rebellion To which the Duke replied That if the favors which the King his Master had exhibited to his Catholicks at the Mediation of that King and the Advice of that very Committee of which that Bishop was one be of so dangerous a consequence it seems their Lordships who gave the Advice for that Article though they pretended Religion intended plain and open Rebellion But you must know quoth the Duke if his Highness had been of my Lord Bishops opinion That these Conferences had amounted to a Toleration he had never accepted of these Articles to have gained any allowance For what was agreed unto was but a Temporary Suspension of Penal Laws but no Toleration for that could not be done but by consent of Parliament Then Gondomar hereupon said That for his part he did not hold it fit to send the Infanta thither before the Articles be perfectly put in execution And Gondomar privately infused to the Prince his Highness being incensed against the Duke That the Duke was in heart as he said all his Kinred were a Roman Catholick and he said to a Jesuite of great account and zeal in those parts That the Duke was a most obstinate perverse and refractory Puritan About this time it was reported that the Prince intended to steal away whereupon they laid in wait to intercept him Hereupon the Duke was sent to tell them That although they had stoln thither out of love they would never steal thence out of fear About this time the Prince sent a Message to his Father That if he should receive any Advertisement that he was detained by that State as a Prisoner he would be pleased for his sake never to think upon him any longer as a Son but reflect upon the good of his Sister and the safety of his own Kingdoms III. The Treaty of the Match and Restitution reciprocally subordinated IT is fit to observe this passage which is the thing whereupon all his Highness subsequent Actions are turned and moved He had never staid a sevennight longer in Spain he had never left any Proxy with Bristol he had never taken any Oath at the Escurial or
drawn upon us and cannot but foresee and fear least the like may hereafter happen and unevitably bring such peril to your Maiesties Kingdoms We are most humble Suitors to your gracious Maiesty to secure the hearts of your good Subiects by the engagement of your Royal word unto them that upon no occasion of Marriage or Treaty or other request in that behalf from any foreign Prince or States whatsoever you will take off or slacken the Execution of your Laws against the Popish Recusants To which our humble Petitions proceeding from our most loyal and dutifull affections toward your Maiesty our care of our Countries good and our confident perswasion that this will much advance the glory of Almighty God the everlasting honor of your Maiesty the safety of your Kingdom and the encouragement of all your good Subiects We do most humbly beseech your Maiesty to vouchsafe a gracious Answer This Petition after a Conference between both Houses was reduced to another form and so presented to the King To which his Majesty returned this Answer My Lords and Gentlemen of both Houses I Cannot but commend your zeal in offering this Petition to me yet on the other side I cannot but hold my self unfortunate that I should be thought to need a spur to do that which my Conscience and duty bindes me unto What Religion I am of my Books do declare my profession and behavior doth shew and I hope in God I shall never live to be thought otherwise surely I shall never deserve it and for my part I wish it may be written in Marble and remain to Posterity as a mark upon me when I shall swerve from my Religion for he that doth dissemble with God is not to be trusted with men My Lords for my part I protest before God that my heart hath bled when I have heard of the increase of Popery God is my Iudge it hath been such a great grief to me that it hath been as Thorns in my Eyes and Pricks in my Sides and so far I have been and shall be from turning another way And my Lords and Gentlemen you shall be my Confessors that one way or other it hath been my desire to hinder the growth of Popery and I could not be an honest man if I should have done otherwise And this I may say further that if I be not a Martyr I am sure I am a Confessor and in some sence I may be called a Martyr as in the Scripture Isaac was persecuted by Ishmael by mocking words for never King suffered more ill Tongues then I have done and I am sure for no cause yet I have been far from persecution for I have ever thought that no way more encreased any Religion then persecution according to that saying Sanguis Martyrum est Semen Ecclesiae Now my Lords and Gentlemen for your Petition I will not onely grant the substance of what you crave but add somewhat more of my own for the two Treaties being already annulled as I have declared them to be it necessarily follows of it self that which you desire and therefore it needs no more But that I do declare by Proclamation which I am ready to do that all Iesuites and Priests do depart by a day but it cannot be as you desire by our Proclamation to be out of all my Dominions for a Proclamation here extends but to this Kingdom This I will do and more I will Command all my Iudges when they go their Circuits to keep the same courses for putting all the Laws in Execution against Recusants as they were wont to do before these Treaties for the Laws are still in force and were never dispenced with by me God is my Iudge they were never so intended by me but as I told you in the beginning of the Parliament you must give me leave as a good horseman sometimes to use the Reins and not alwayes to use the Spurs So now there needs nothing but my Declaration for the disarming of them that is ready done by the Laws and shall be done as you desired and more I will take order for the shamefull disorder of the resorting of my Subjects to all foreign Ambassadors for this I will advise with my Councel how it may be best reformed It is true that the houses of Ambassadors are priviledged places and Major though they cannot take them out of their houses yet the Lord and Mr Recorder of London may take some of them as they come from thence and make them examples another point I will add concerning the education of their children of which I have had a principal care as the Lord of Canterbury and the Bishop of Winchester and other Lords of my Councel can bear me witness with whom I have advised about this business for in good faith it is a shame their Children should be bred here as if they were at Rome So I do grant not onely your desire but more I am sorry I was not the first mover of it to you but had you not done it I would have done it my self Now for the second part of your Petition you have here given me the best advice in the world for it is against the rule of wisdom that a King should suffer any of his Subjects to transgress the Laws by the intercession of other Princes and therefore assure your selves that by the Grace of God I will be carefull that no such conditions be foisted in upon any other Treaty whatsoever for it is fit my Subjects should stand or fall to their own Laws This Petition was furthered by the Duke of Buckingham who still retained the memory of his ill-usage in Spain and the Spanish Ambassador being netled thereat accused him to the King not without some reflection upon the Prince himself with some difficulty they procured a secret entercourse with the King and suggested unto him matters of near and high concernment to his Royal dignity and person They tell him that being besieged and closed up by the Dukes Servants and Vassals he was no more a freeman That he was to be confined to his Countrey-house and Pastimes the Prince having years and parts answerable for publick Government That the Duke had reconciled himself to all popular men such as Oxford Southampton Essex Say and others and sought to raise an opinion of his own greatness and to make the King grow less and that all looked towards the rising Sun Hereupon they advise the King to free himself from this Captivity and eminent Danger and to cut off so ungratefull an affecter of Popularity and greatness and so he should shew himself to be as he was reputed the oldest and wisest King in Europe These secrets were quickly blown abroad and brought to the Dukes Ear. But whatsoever impression the King received from them the thing whereupon he insisted openly was the demand of particular proofs But all their Answers consisted of Arguments against declaring the names of the Conspirators whereupon
against the Countrey or Dominion which of right appertain and are in truth the just and lawful possession of the King of Spain or the Lady Infanta Isabella And in case any such Hostility shall be acted contrary to this his Majesties intention all such Commissions which shall be granted to that purpose by the said Count Mansfield his Majesty doth declare to be void and that all payments shall cease That on the contrary if Obedience be given hereunto the King wisheth the Count all good success for the recovery of the Palatinate and reestablishment of the Peace in Germany against the Duke of Bavaria and those that are the troublers of the Peace And for the performance hereof the King caused Count Mansfield to take an Oath That he would conform according to the Contents of the said Commission and Declaration of his Majesty which Oath was almost in Terminis of what is before expressed This Army consisting of Twelve Regiments was intended to Land in France but being ready for Transport the French notwithstanding their Promise and the Treaty of Marriage demurred yet not plainly denied their passage Nevertheless the whole Army was shipped and put over to Calice and after a tedious stay in hope yet to land and pass through the Countrey they were forced to set sail for Zealand Neither were they suffered to land there coming so unexpectedly upon the States and in a hard Season for Provision of Victuals Thus they were long pent up in the Ships and suffered the want of all Necessaries by which means a Pestilence came among them and raged extreamly so that they were thrown into the Sea by Multitudes insomuch that scarce a Third part of the men were landed the which also afterward mouldred away and the Design came to nothing The Papist formerly danted by the Breach of the Spanish Match was now again revived by the Marriage-Treaty with France And at this time upon the Death of William Titular Bishop of Calcedon most of the English Secular Priests did Petition the Pope that another Bishop might be sent over into England there to Ordain Priests give Confirmation and exercise Episcopal Jurisdiction Among others Matthew Kellison and Richard Smith were presented And though the Regulars were opposite to the Seculars in this matter yet those of the Order of St. Benedict joyned with the Seculars and Rudesin Barlo President of the English Benedictines at Doway wrote a Letter in their behalf to the Congregation at Rome named of the Propagation of the Faith Dated the Twelfth of December One thousand six hundred twenty and four In which Letter was this passage That there were above Sixty Benedictine Monks in England and that it is not to be doubted said he For that it is already seen the good success under the First Bishop That another Bishop being Constituted there would be more joyful fruits within one two years in the English Mission then hitherto hath been for Sixty years now elapsed But not long after the Episcopal party prevailing Pope Urban the Eight created Richard Smith Bishop of Calcedon and sent him into England with Episcopal Authority over the Priests within the English Dominions King Iames after he had been troubled with a Tertian Fevor four Weeks finding himself near the end of his days called unto him Charles Prince of Wales his onely Son to whom he recommended the Protection of the Church of England advised him to love his Wife but not her Religion and exhorted him to take special care of his Grand-Children the Children of the Elector Palatine by his Daughter and to employ the power he left him to reestablish them in the Estate and Dignities of their Father And lastly he recommended to him his Officers who had faithfully served him and on the Seven and twentieth of March gave up the ghost And shortly after Bishop Laud delivered to the hands of the Duke of Buckingham brief Annotations or Memorables of the Life and Death of King Iames viz. I. HE was a King almost from his Birth II. His great Clemency that he should Reign so long and so moderately that knew nothing else but to Reign III. The difficult times in Scotland during his Minority as much perplexed with Church as State Factions IV. His admirable Patience in those yonger times and his Wisdom to go by those many and great difficulties till God opened him the ways to his just Inheritance of this Crown V. His peaceable Entry into this Kingdom contrary to the fears at home and the hopes abroad not without Gods great blessing both on him and us VI. His Ability as strong in Grace as Nature to forgive some Occurrences VII The continuance of full Two and twenty years reign all in Peace without War from Foreign Enemy or Rebellion at home VIII The infinite advantage which people of all sorts might have brought to themselves and the enriching of the State if they would have used such a Government with answerable care and not made the worst use of peace IX Gods great mercy over him in many deliverances from private Conspirators and above the rest that which would have blown up his Posterity and the State by Gun-powder X. That in all this time of his Reign of England he took away the life of no one Nobleman but restored many XI That the sweetness of his nature was scarce to be paralleld by any other XII It is little less then a Miracle that so much sweetness should be found in so great a heart as besides other things sickness and death it self shewed to be in him XIII Clemency Mercy Justice and holding the State in Peace have ever been accounted the great Vertues of Kings and they were all eminent in him XIV He was not onely a preserver of Peace at home but the great Peace-maker abroad to settle Christendom against the common enemy the Turk which might have been a glorious work if others had been as true to him as he was to the common good XV. He was in private to his Servants the best Master that ever was and the most free XVI He was the justest Man that could sit between parties and as patient to hear XVII He was bountiful to the highest pitch of a King XVIII He was the greatest Patron to the Church which hath been in many Ages XIX The most Learned Prince that his Kingdom hath ever known for matters of Religion XX. His integrity and soundness in Religion to write and speak believe and do live and die one and the same and all Orthodox XXI His tender love to the King his Son our most gratious Soveraign that now is and his constant Reverence in performance of all duties to his Father the greatest Blessing and greatest Example of this and many Ages XXII The Education of his Majesty whom we now enjoy and I hope and pray we may long and in happiness enjoy to be an able King as Christendom hath any the very first day of his Reign the benefit whereof is
ours and the Honor his XXIII His sickness at the beginning more grievous then it seemed a sharp melancholy humor set on fire though ushered in by an ordinary Tertian Ague XXIV He was from the beginning of his sickness scarce out of an opinion that he should die and therefore did not suffer the great Affairs of Christendom to move him more then was fit for he thought of his end XXV His devout receiving of the Blessed Sacrament XXVI His Regal Censure of the Moderate Reformation of the Church of England and particularly for the care of retaining of Absolution the comfort of distressed Souls XXVII His continual calling for Prayers with an assured confidence in Christ. XXVIII His death as full of patience as could be found in so strong a death XXIX His Rest no question is in Abrahams Bosome and his Crown changed into a Crown of Glory Another writes thus of that King in the Book entituled the Reign of King Charles IN the stile of the Court he went for Great Britains Solomon nor is it any Excursion beyond the Precincts of Verity to say That neither Britain nor any other Kingdom whatsoever could ever since Solomons days glory in a King for recondite Learning and abstruse Knowledge so near a Match to Solomon as he And though he was an Universal Schollar yet did he make other Sciences their most proper employment but Drudges and Serviteurs to Divinity wherein he became so transcendently eminent as he notoriously foiled the greatest Clerks of the Roman See Nor did his Theological Abilities more advantage the Cause of Religion abroad then at home they keeping the new-fangled Clergy aloof and at distance as not daring to infuse into so solid a Judgment their upstart and erroneous Fancies no nor disquiet the Churches peace with Heterodox Opinions A stout Adversary he was to the Arminians and Semipelagians whom he called as Prosper before him The Enemies of Gods Grace And as slender a Friend to the Presbytery of whose Tyrannical and Antimonarchical Principles he had from his Cradle smart experience He was an excellent Speaker the Scheme of his Oratory being more stately then pedantick and the Expressions argued him both a King and a Schollar In his Apparel and Civil Garb he seemed naturally to affect a Majestick carelesness which was so Hectick so Habitual in him as even in Religious Exercises where the Extern Demeanor is a grand part of that Sacred Homage he was somewhat too incurious and irreverent He was indulgent a little to his Palate and had a smack of the Epicure in Pecuniary Dispensations to his Favorites he was excessive liberal yea though the exigence of his own wants pleaded Retension Studious he was of Peace somewhat overmuch for a King which many imputed to pusillanimity and for certain the thought of War was very terrible unto him whereof there needs no further demonstration then his management of the Cause of the Palatinate For had he had the least scintillation of Animosity or Majestick Indignation would he have so long endured his Son-in-Law exterminated from his Patrimony while the Austrian Faction to his great dishonor cajoled and kept him in delusory Chat with specious fallacies would he in those several Negotiations of Carlisle Bristol Belfast and Weston have trifled away so vast sums the Moity whereof had they been disposed in Military Levies would have Modelled an Army able when Heidelburgh Manheim and Frankendale defended themselves to have totally dissipated all the Forces of the Usurpers to have mastered the Imperious Eagle enforcing her to forego her Quarry and reestated the Palsgrave would he so shamefully have Courted the Alliance of Spain to the very great regret of his Subjects whom his Predecessors had so often baffled and whom England ever found a worse Friend then Enemy What stronger evidence can be given in of a wonderful defect of Courage As this lipothymie this faint-heartedness lost him the reputation and respects of his people so his heavy pressures upon them and undue Levies by Privy Seals and the like alienated their Affections especially considering how those Moneys were mis-employed indeed rather thrown away partly in the two dishonorable Treaties of Spain and Germany and the Consequential Entertainments and partly in Largesses upon his Minion Buckingham Between this disaffection and contempt in his people there was generated a general disposition to turbulent and boisterous Darings and Expostulations even against his Darling Prerogative And though those dismal calamities which befel his Son were doubtless ampliated by a superfetation of Causes yet was their first and main existency derivative from those seminalities Let Court-Pens extol the calmness of his Halcyonian Reign with all artifice of Rhetorick yet can they never deny but that admired Serenity had its set in a Cloud and that he left to his Successor both an empty Purse and a Crown of Thorns Sir Francis Bacon when King Iames was living gave this Character of him WHerefore representing Your Majesty many times unto my minde and beholding you not with the eye of Presumption to discover that which the Scripture tells me is inscrutable but with the observant eye of Duty and Admiration leaving aside the other parts of your Virtue and Fortune I have been touched yea and possessed with an extream wonder at these your Virtues and Faculties which the Philosophers call Intellectuals The largeness of your Capacity the faithfulness of your Memory the swiftness of your Apprehension the penetration of your Judgment and the facility and order of your Elocution And I have then thought that of all the persons living that I have known Your Majesty were the best instance to make a man of Plato's opinion That all Knowledge is but Remembrance and that the Minde of Man by Nature knoweth all things and hath but her own Native and Original Notions which by the strangeness and darkness of the Tabernacles of the Body are sequestred again revived and restored Such a Light of Nature I have observed in your Majesty and such a readiness to take flame and blaze from the least occasion presented or the least spark of anothers Knowledge delivered And as the Scripture saith of the wisest King That his heart was as the Sand of the Sea which though it be one of the largest Bodies yet it consisteth of the smallest and finest Portions So hath God given your Majesty a composition of Understanding admirable being able to compass and comprehend the greatest Matters and nevertheless to touch and apprehend the least wherein it should seem an impossibility in Nature for the same Instrument to make it self fit for great and small Works And for your gift of Speech I call to minde what Cornelius Tacitus saith of Augustus Caesar Augusto prosâ—uens quae Principem deceret Eloquentia fuit For if we mark it well Speech that is uttered with labor and difficulty or Speech that savoreth of the affectation of Arts and Precepts or Speech that is framed after the imitation of some pattern
was done to this effect THat our Soveraign Lord King Iames of Famous Memory at the Suit of both Houses of Parliament and by the powerful operation of his Majesty that now is gave consent to break off the Two Treaties with Spain touching the Match and the Palatinate and to vindicate the many wrongs and scorns done unto his Majesty and his Royal Children Besides if the King of Spain were suffered to proceed in his Conquests under pretence of the Catholick Cause he would become the Catholick Monarch which he so much affects and aspires unto Also amidst these Necessities our late King considered That he might run a hazard with his people who being so long inured to Peace were unapt to War that the uniting with other Provinces in this undertaking was a Matter of exceeding Difficulty This drew him to new Treaties for regaining his Children right which were expulsed by the Friends and Agents of Spain and wherein his Majesty proceeded as far as the wisest Prince could go and suffered himself to be won unto that which otherwise was impossible for his Royal Nature to endure He considered also the many Difficulties abroad the Duke of Bavaria by Force and Contract had the Palatinate in his own possession most of the Electors and Princes of Germany were joyned with him The Estates of the other Princes most likely to joyn in a War of Recovery were seized and secured and all by a Conquering Army Besides the Emperor had called a Diet in which he would take away all possibility of recovering the Honor and Inheritance of the Palatinate thus it stood in Germany And in France the King there chose to sheath his Sword in the Bowels of his own Subjects rather then to declare against the Catholick Cause In the Low-Countreys the Sect of the Arminians prevailed much who inclined to the Papists rather then to their own safety notwithstanding that the Enemy had a great and powerful Army near them so that his Majesty was inforced to Protect and Countenance them with an Army of Six thousand from hence with a Caution of the like Supply from thence if required Moreover he sought Alliance with France by a Match for his Royal Majesty that now is thereby to have Interest in that King and to make him a Party The last consideration was his Majesties own Honor who had labored with the two Kings of Denmark and Sweden and the German Princes from whom he received but cold Answers they refusing to joyn unless they first saw his Majesty in the Field But of this he was very tender unless the League were broken or he first warred upon The Forces of an Army were considered and the way of proceeding whether by Invasion or Diversion The Charges thereof appeared in Parliament to be Seven hundred thousand pounds a year besides Ireland was to be fortified the Forts here repaired and a Navy prepared he thought it feasible to enter into a League with the French King and the Duke of Savoy and Venice Hereupon an Army was committed to Count Mansfield the charge whereof came to Seventy thousand pounds a Moneth for his Majesties part also he commanded the preparing of this great Fleet All which so heartned the Princes of Germany that they sent Ambassadors to the Kings of Denmark and Sweden and those two Kings offered a greater Army both of Horse and Foot to which his Majesty was to pay a proportion Count Mansfields Army though disastrous produced these happy effects First It prevented the Diet intended by the Emperor Secondly The German Princes gained new courage to defend themselves and oppose their Enemies Thirdly The King of Denmark hath raised an Army with which he is marched in person as far as Minden Moreover the Confederates of France and Italy have prosecuted a War in Milan and Peace is now made by the French King with his own Subjects so that by this means breath is given to our Affairs This Parliament is not called in meer Formality upon his Majesties first coming to the Crown but upon these Real Occasions to consult with the Lords and Commons Two Subsidies are already given and gratiously accepted but the Moneys thereof and much more are already disbursed A Fleet is now at Sea and hastning to their Rendezvous the Army is ready at Plimouth expecting their Commanders His Majesties Honor Religion and the Kingdomes safety is here engaged besides he is certainly advised of Designs to infest his Dominions in Ireland and upon our own Coasts and of the Enemies increase of Shipping in all parts These things have called the Parliament hither and the present Charge of all amounts to above Four hundred thousand pounds the further prosecution whereof the King being unable to bear hath left it to their Consultations His Majesty is verily perswaded That there is no King that loves his Subjects Religion and the Laws of the Land better then himself and likewise that there is no people that better loves their King which he will cherish to the uttermost It was thought that this place had been safe for this Assembly yet since the Sickness hath brought some fear thereof his Majesty willeth the Lords and Commons to put into the Ballance with the fear of the Sickness his and their great and weighty occasions Then the Lord Treasurer added That the late King when he died was indebted to the City of London 120000 l. besides Interest and indebted for Denmark and the Palatinate 150000 l. and indebted for his Wardrobe 40000 l. That these debts lie upon his Majesty that now is who is indebted upon London 70000 l. That he hath laid out for his Navy 20000 l. and 20000 l. for Count Mansfield And for Mourning and Funeral expences for his Father 42000 l. For expences concerning the Queen 40000. The Navy will require to set it forth in that Equipage as is requisit for the great Design his Majesty hath in hand and to pay them for the time intended for this Expedition 300000 l. After this Conference the Commons fell into high Debates alleaging That the Treasury was mis-employed that evil Councels guided the Kings Designs that our Necessities arose through Improvidence that they had need to Petition the King for a strait hand and better Counsel to Manage his Affairs And though a former Parliament did engage the King in a War yet if things were managed by contrary Designs and the Treasure misemployed This Parliament is not bound by another Parliament to be carried blindfold in Designs not guided by sound Counsel and that it is was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances redressed There were many Reflections upon the Dukes miscarriages likewise they reassumed the Debate concerning Montague and they resolved That Religion should have the first place in their Debates and next unto it the Kingdoms Safety and then Supplies Other particulars were likewise insisted on That the King be desired to Answer in full Parliament to the Petition
Majesty will be likewise pleased strictly to command all your Iudges and Ministers of Iustice Ecclesiastical and Temporal to sée the Laws of this Realm against Popish Recusants to be duly executed And namely that the Censure of Excommunication be declared and certified against them and that they be not absolved but upon publick satisfaction by yielding to Conformity Answ. His Majesty leaves the Lawes to their Course and will order in the point of Excommunication as is desired X. That your Majesty will be pleased to remove from places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State to be justly suspected Answ. This his Majesty thinks fit and will give order for it XI That present order be taken for disarming all Popish Recusants legally convicted or justly suspected according to the Laws in that behalf and the Orders taken by his late Majesties Privy-Council upon reason of State Answ. The Laws and Acts in this Case shall be followed and put in due execution XII That your Majesty be also pleased in respect of the great resort of Recusants to and about London to command forthwith upon pain of your indignation and severe execution of the Laws that they retire themselves to their several Countries there to remain confined within Five miles of their places Answ. For this the Laws in force shall be forthwith executed XIII And whereas your Majesty hath strictly commanded and taken order that none of the natural born Subjects repair to the hearing of Masses or other Superstitious Service at the Chappels or Houses of Foreign Ambassadors or in any other places whatsoever we give your Majesty most humble thanks and desire that your Order and Commandment therein may be continued and observed and that the Offenders herein may be punished according to the Laws Answ. The King gives assent thereto and will see that observed which herein hath been commanded by him XIV That all such Insolencies as any that are Popishly affected have lately committed or shall hereafter commit to the dishonor of our Religion or to the wrong of the true Professors thereof be exemplarily punished Answ. This shall be done as is desired XV. That the Statute of 1 Eliz. for the payment of Twelve-pence every Sunday by such as shall be absent from Divine service in the Church without a lawfull excuse may be put in due execution the rather for that the penalty by Law is given to the poor and therefore not to be dispenced withal Answ. It is fit that this Statute be executed and the Penalties shall not be dispenced withal XVI Lastly That your Majesty would be pleased to extend your Princely care also over the Kingdom of Ireland that the like courses may be there taken for the restoring and establishing of true Religion Answ. His Majesties cares are and shall be extended over the Kingdom of Ireland and he will do all that a Religious King should do for the restoring and establishing of true Religion there And thus most gracious Soveraign according to our duty and zeal to God and Religion to your Majesty and your safety to the Church and Common-wealth and their peace and prosperity we have made a faithfull Declaration of the present Estate the causes and remedies of this increasing disease of Popery humbly offering the same to your Princely care and wisdom The Answer of your Majesties Father our late Soveraign of famous memory upon the like Petition did give us great comfort of Reformation but your Majesties most gracious promises made in that kinde do give us confidence and assurance of the continual performance thereof In which comfort and confidence reposing our selves we most humbly pray for your Majesties long continuance in all Princely felicity The Petition and Answer being read it was further intimated to the Commons That as his Majesty took well their minding him of the care of Religion so he would have done and granted the same things though they had never petitioned him neither doth he place his Answer to this Petition as a wheel to draw on other affairs and designs but he leaves them to move in their own Sphere and what he hath done in this particular comes from these two Fountains Conscience and Duty to his Father who in his last speech recommended unto him the Person but not the Religion of his Queen At the same time the Duke signified to both Houses that by the Kings command he was to give an account of the Fleet and the preparations thereof and said that the first and last time he had the happiness to speak in that Auditory it was of the Spanish Treaty and then he was so happy as to be honored and applauded by both Houses of Parliament and he made no question but speaking now with the same heart he should be no less acceptable to them And he made this request to the House of Commons to believe that if any hath spoken or shall speak in discharge of his conscience his zeal of Reformation any thing which may seem to reflect upon some particular persons he shall be the last man that will apply this to himself because he is confidently assured of two things first that they are just not to fall upon him without cause and secondly that himself shall do nothing that unbecomes a faithfull Englishman And for the Method of his ensuing Discourse he chose rather to speak by way of Objection and Answer then in one continued Speech as a speedier means to give the Commons satisfaction Object 1. By what Counsel those Designs and Actions of War were carried and enterprised Answ. By the Counsel of the Parliament appointed according to the Act of both Houses the 23. of March 1623. by those Counsels his Majesty was guided and applied himself accordingly for the defence of the Realm the securing of Ireland the assisting of our Neighbors and others our Friends and Allies and for the setting forth the Navy-Royal His Majesty looking into his purse saw enough to do all the former Actions but not this latter For when he came to consider of the Navy there was neither money nor preparations yet looking upon the Affairs of Christendom he found that of most necessity Hereupon his Majesty of famous memory did him viz. the Duke the honor as to write from Newmarket to him at London a Letter to this effect That looking into the Affairs of Christendom he found it necessary that a Royal-Fleet shouâ—d be prepared and set in readiness but that he had no Money wherefore himself meaning the Duke and his Friends must begin to lay it out and no doubt but others would follow and by this means the King might lie the longer concealed and undiscovered in the Enterprise as bearing the name of the Subject onely and other Princes in hope to draw him on would sooner come to the business Upon this Letter the Duke said he leaped into the Action with all alacrity and
having received all he had from his Majesty was most desirous and held it a happiness to pour it out upon his service and occasions and had laid out of his own purse Four and forty thousands pounds and the Treasurer of the Navy at his request had laid out Fifty thousand pounds that he entred not into this business upon his own head but fortified with the Advice and Counsel of those worthy persons the Lord Conway the Lord Chichester Lord Grandison Lord Carew Sir Robert Mansel and Sir Iohn Cook Their last consultation was of the War next of the means but both one and the other was justified by more then himself he never did any thing but by them he either repairing unto them or else they did him the honor to resort to his Chamber afterward the business with the Kings leave was imparted to all the Lords of the Council and the account was made unto them and allowed by them who said there openly his Majesty being present that if this were put in execution it would do well and gave some Attribute unto it And Sir Iohn Cook justified the shewing and the approving of these Accounts at the Council Table the Accounts consisted of long particulars of Souldiers to be levied Mariners to be pressed forwarding of Ships and provisions and that nothing wanted but Money He proceeded yet further and shewed that he was so Religious to guide these great Affairs by Council as that at his journey into France which fell out about this time he desired his Majesty to recommend the business to a select Council which his Majesty did who in his absence took care of the same Object 2. Why did not his Majesty declare the Enemy presently upon granting those three Susidies Answ. His Majesty considered the State of Christendom at that Season and found it full of danger to declare the Enemy for three Reasons First because the great Enemy would be more prepared secondly Spain being the Enemy our Merchants goods would be imbarged which are now drawing home thirdly our Friends finding us so long unprepared after our Declaration would never believe any reality in our intentions Object 3. Whether a considerable sum of money be yet required Answ. Forty thousand pounds is yet necessary but our Master is exhausted his Treasure anticipated his Lands pawned his Plate offered to be pawned but not accepted and yet his Majesty must be maintained Object 4. Why was not this want of Money foreseen but now onely thought upon unexpectedly and dangerously considering the sickness Answ. It was foreseen before but interrupted by unfortunate accidents the death of the late King the Funeral which for decency could follow no sooner the Journey into France and the Marriage which procured more delay then was expected but necessary At the opening of the Parliament his Majesty did declare this Necessity and told the House plainly that this sitting must not be for Counsel but Resolution and when he understood the grant of two Subsidies he conceived that money to be a matter of Custom to welcom him to the Crown Object 5. Who gave counsel to his Majesty so suddenly when the sickness was so dangerously spread to convene this Parliamant Answ. His Majesty commanded him the Duke to say that it was the business it self that gave this counsel and the necessity of it else his Majesty would not have hazarded the two Houses nor the rest of the Kingdom if he had been able any way without the Parliaments Supply to set out the Navy Object 6. Is not the time of the year too far spent for the Navy to go forth Answ. The King answered this formerly better half the Navy perish then the going thereof should be stayed it would argue such want of Counsel Courage and Experience in the Design such beggerliness in being not able to go through with it that it may not be diverted the season of the year suiting with the Design as could be demonstrated if the Design might not be published thereby Object 7. Whether those Eight Ships lent to the French King which were imployed against the Rochellers were not paid with the Subsidy-money Answ. Those Eight Ships were imployed at the charge of the French King Secondly it is not alway fit for Kings to give account of their Counsels judge the thing by the event Object 8. Whether the Duke having been our Servant to break the Match with Spain made not a worse Match with France and upon harsher terms Answ. I hope the contrary will appear by the Answer to your Petition Object 9. Did not the Duke serve us in breaking the two Treaties with Spain out of spleen and malice to Conde Olivares Answ. There was no cause to hate Olivares who was the means to make him happy for out of his hands came those papers by which the Duke gained the love of this Nation which before thought not so well of him he was not vindicative in his Nature he can forgive those which had no such natural respect to their Country as Olivares had neither doth the Duke love that any man should be an instrument by ill means to do a good Action as Olivares intended to serve his Master and Kingdom by indirect means and he could make a proof that he was not vindicative he can forgive one of our own Nation that concurred with Olivares but he was minded to leave that business asleep which if it should awake would prove a Lion to devour him who as he said he meant one of our Nation who cooperated with Olivares Object 10. It will be objected That hitherto the Duke speaketh of immcense charges which the Kingdom is not able to bear as to assist the King of Denmark with Thirty thousand pounds per Moneth Count Mansfield with Twenty thousand pounds per Moneth the Low-Countries with Eight thousand pounds per Moneth and Two thousand six hundred pounds per Moneth for Ireland Answ. Make the King Chief of the War by a diversion and he will give a greater advantage to all his Allies then by allowing of them Fifty thousand pounds nay a Hundred thousand pounds per Moneth What is it for his Allies to scratch with the King of Spain to take a Town to day and lose it to morrow for it is almost impossible to hope for a Conquest in this kinde the King of Spain being so able by Land but let the King our Soveraign be Master of the Wars elsewhere and make a Diversion and let the Enemy be compelled to spend his Money and Men in other places and our Allies in those parts will be suddenly and perceivedly strengthened and enabled and by this kinde of War you send no Coyn out of the Land you issue nothing but Beef Mutton and Powder and the Kingdom is not impoverished but may make good Returns Object 11. But where is the Enemy Answ. Make the Fleet ready to go out and the King bids you name the Enemy your selves put the Sword into his Majesties hands
and he will improve it to your honor and the good of Religion as you issue nothing that is loss so you will bring home something that is gain and henceforward maintain the War by the perquisites thereof make but once an Entrance it may afterwards be maintained with profit when the Enemy is declared you may have Letters of Mart none shall be denied I have not been so idle but I shall make Propositions of advantage whither your selves may go and shall have the honey of the business August 9. 1625. After the Commons returned from the House of Lords they made Report of this Business unto the House which occasioned variety of Opinions Some were for giving the King present Supply who had made so gracious an Answer to the Petition for Religion and given direction that the same should be Inrolled pressing further That this Supply was not for the Kings own particular Wants but for the Honor and Defence of the Kingdom and that it might prove dangerous not to comply with the King in a modest and just desire Others were of a contrary minde and said It was requisite to present to his Majesty the means how he may live glorious at home and how he may be feared abroad by having his Designs better mannaged and an Enemy Declared Then may spurs be added to the Sea-horse and the King of Spain infested at a lesser charge and we better secured from Papists at home whose hearts are knit with the Spaniard and whose Estates may liberally contribute to the War and the great Sums given for Honors and Offices would go far in setting forth a Fleet at Sea and the Subject not be always importuned for Supply But the further Debate of this Business was put off till the next day being Wednesday the Tenth of August The next day the King sends a Message to the Commons wherein he takes notice that the House intended to enter into Consideration of divers heads concerning the King and the Common-wealth that he was pleased with their good intentions but desired them to consider his Affairs which require a speedy dispatch the season of the year was far spent yet the time not unseasonable for the Design that if the Plague should happen in the Navy the Action would be lost that if any of the House should be touched with the sickness much inconvenience would ensue by an abrupt breaking up therefore desires a present Answer about Supply if not he will take more care of the Commons then they will of themselves and will make as good a shift for himself as he can to go through with this present occasion and offereth that the Parliament shall meet again in Winter at what time they please upon his Royal word and hold together till they have perfected all things for the good of the Common-wealth and the King which are now in conception and desires them to consider it was the first Request that ever he made unto them Hereupon some earnestly pressed the giving of two Subsidies and two Fifteens his Majesties honor and the Necessity of his Affairs requiring it as it appeared out of Considerations already frequently represented Others replied that Necessity is a dangerous Counsellor and is a continual Argument of Supplies in all Parliaments that those Counsellors who have put the King and Kingdom into such a Necessity and hazard ought to answer for it whosoever they be that if the State of things will not admit a Redress of Grievances surely there is not so much necessity for money to give Subsidy upon Subsidy in one Parliament is not usual in the Eighteenth year of Henry the third there was one punished for pressing of more Subsidies when Subsidies had been granted before in that Parliament In the end it was proposed that a Report be made to the King that they have regard to his Honor Necessity and Safety and the safety of the Kingdom and that they will assist his Majesty in any honorable Action grounded upon sound Councils and that something be drawn up in writing to that purpose accordingly the House agreed upon a short Declaration which was assented unto without a Negative WE the Knights Cittzens and Burgesses of the Commons House of Parliament being the Representative body of the whole Commons of this Realm abundantly comforted in his Majesties late gracious Answer touching Religion and his Message for the care of our health do Solemnly protest and vow before God and the world with one heart and voice that we are all resolved and do hereby declare that we will ever continue most Loyal and obedient Subjects to our most gracious Soveraign Lord King Charles and that we will be ready in convenient time and in a Parliamentary way freely and dutifully to do our utmost endeavors to discover and reform the Abuses and Grievances of the Realm and State and in like sort of afford all necessary Supply to his most Excellent Majesty upon his present and all other his just Occasions and Designs most humbly beseeching our said Dear and Dread Soveraign in his Princely wisdom and goodness to rest assured of the true and hearty affections of his poor Commons and to esteem the same to be as we conceive it is indeed the greatest worldly reputation and security that a just King can have and to accompt all such as slanderers of the peoples affections and Enemies to the Common-wealth that shall dare to say the contrary This Declaration was sent to the King by such of the Privy-Council as were Members of the House Notwithstanding the King perceiving the House resolved against Supply without Redress of Grievances and in their Debates to reflect upon some great Persons near unto him the 12th of August sent to the House of Peers a Commission directed to several Lords for the Dissolution of the Parliament whereupon the Gentleman-Usher was commanded to signifie to the Speaker of the House of Commons that the Lords had received his Majesties Commission which was read unto both Houses whereupon the Commons with their Speaker went up presently to the Lords heard the Commission read and the Parliament declared to be dissolved At this Parliament begun and holden by Prorogation at Westminster the 18th day of Iune Anno Regis Caroli Primo 1625. these Acts were passed 1. AN Act for the punishing of divers Abuses committed on the Lords-Day commonly called Sunday 2. An Act to enable the King to make Leases of Lands parcel of the Dutchy of Cornwal 3. An Act for the ease of obtaining Licenses of Alienation and in the pleading of Alienations with licence or of Pardons of Alienations without licence in the Court of Exchequer or elsewhere 4. An Act to restrain Tipling in Inns and Ale-houses 5. An Act for the Subsidy of the Clergy 6. An Act for the two Subsidies of the Temporalty 7. An Act that this Session of Parliament shall not determine by his Majesties assent to this and some other Acts. 8. An Act
Coronation was briefly thus THe King went that day from Westminster-Hall to the Abbey Church attended by the Aldermen of London Eighty Knights of the Bath in their Robes the Kings Serjeants at Law Solicitor and Attorney Generals the Judges Barons Bishops Viscounts and such of the Earls who bore no particular Office that day in their Parliament Robes going two by two before the King all uncovered and after them followed his Officers of State being Eight Earls and one Marquess those persons according to their respective places and offices carried the Swords the Globe the Scepter the Crown and the Lord Major of London carried the short Scepter two Bishops carried the one the Golden Cup and the other the Plate for the Communion Next before his Majesty went the Earl of Arundel as Earl-Marshal of England and the Duke of Buckingham as Lord High-Constable of England for that day The King being cloathed in White Sattin went under a rich Canopy supported by the Barons of the Cinque Ports the King having on each hand a Bishop and his Train of Purple-Velvet was carried up by the Master of the Robes and the Master of the Wardrobe At the entring into the Church Bishop Laud delivered into the Kings hands the Staff of King Edward the Confessor with which the King walked up to the Throne then the Archbishop of Canterbury presented his Majesty to the Lords and Commons there present East West North and South who gave their consent to his Coronation as their lawful Soveraign After Sermon was done the King went to the Altar where the Old Crucifix amongst other Regalia stood as also the Ointment consecrated by a Bishop to take the Coronation Oath which as is said was performed in this manner viz. SIS says the Archbishop will You grant and kéep and by Your Oath confirm to the People of England the Laws and Customs to them granted by the Kings of England Your Lawful and Religious Predecessors and namely the Laws Customs and Franchises granted to the Clergy by the glorious King St. Edward Your Predecessor according to the laws of God the true Profession of the Gospel established in this Kingdom agréeable to the Prerogative of the Kings thereof and the Antient Customs of the Realm I grant and Promise to keep them Sir will You kéep Peace and Godly Agréement according to Your Power both to God the Holy Church the Clergy and the People I will keep it Sir will You to Your Power cause Law Justice and Discretion to Mercy and Truth to be executed to Your Judgment I will Sir will You grant to hold and kéep the Laws and Rightful Customs which the Communalty of this Your Kingdom have and will You defend and uphold them to the honor of God so much as in you lyeth I grant and promise so to do Then one of the Bishops read this Passage to the King Our Lord and King we beseech You to Pardon and to Grant and to Preserve unto us and to the Churches committed to Your Charge all Canonical Priviledges and do Law and Iustice and that You would Protect and Defend us as every good King to His Kingdoms ought to be Protector and Defender of the Bishops and the Churches under their Government The King answereth With a willing and devout Heart I promise and grant my Pardon and that I will preserve and maintain to you and the Churches committed to your Charge all Canonical Priviledges and due Law and Justice and that I will be your Protector and Defender to my Power by the assistance of God as every good King in his Kingdom in right ought to protect and defend the Bishops and Churches under their Government Then the King arose and was lead to the Communion Table where he takes a Solemn Oath in sight of all the People to observe all the Premisses and laying his hand upon the Bible said The things which I have here promised I shall perform and keep So help me God and the Contents of this Book After the Oath the King was placed in the Chair of Coronation and was Anointed by the Archbishop with a costly Ointment and the Antient Robes of King Edward the Confessor was put upon him and the Crown of King Edward was put upon his Head and his Sword girt about him and he offered the same and two Swords more together with Gold and Silver at the Communion Table He was afterwards conducted by the Nobility to the Throne where this Passage was read to his Majesty Stand and hold fast from henceforth the place to which You have been Heir by the Succession of Your Forefathers being now delivered to You by the Authority of Almighty God and by the hands of us and all the Bishops and Servants of God And as You see the Clergy to come nearer to the Altar then others so remember that in all places convenient You give them greater honor that the Mediator of God and Man may establish You in the Kingly Throne to be a Mediator betwixt the Clergy and the Laity and that You may Raign for ever with Iesus Christ the King of Kings and Lord of Lords Afterwards the Nobility were swâ—rn to be Homagers to the King and some other Ceremonies were performed which being done the Lord Keeper by the Kings command read a writing unto them which declared the Kings free Pardon to all his Subjects who would take the same under the Great Seal The Ceremonies of the Coronation being ended the Regalia were offered at the Altar by Bishop Laud in the Kings Name and then reposited The Bishop of Lincoln faln into disgrace by the displeasure of the Duke of Buckingham had not received his Writ of Summons which he represented to the King with Submission to his Majesties pleasure denied as he said to no Prisoners or condemned Peers in his Fathers Reign to enable him to make his Proxy if his Personal attendance be not permitted Likewise he besought his Majesty That he would be pleased to mitigate the Dukes causless anger towards him who was so little satisfied with any thing he could do or suffer that he had no means left to appease him but his Prayers to God and his Sacred Majesty Also that in his absence in this Parliament no use might be made of his Majesties Sacred Name to wound the Reputation of a poor Bishop who besides his Religion and Duty to that Divine Character which his Majesty beareth hath affectionately honored his very person above all Objects in this World as he desired the Salvation of the World to come And he craveth no Protection against any other Accuser or Accusation whatsoever On Monday the Sixth of February began the Second Parliament of the Kings Reign The King being placed in his Royal Throne the Lords in their Robes and the Commons below the Bar it pleased his Majesty to refer them to the Lord Keeper for what he had to say The Lord Keepers Speech My Lords ANd you the Knights
thereupon their Lordships will be pleased to take care that the Grand-Iury men either by Evidence or their own Knowledge indict them which are not already indicted before the end of the Assises and that their Lordships admit no Traverse unless the Persons convicted have first yeilded their bodies into the custody of the Sheriff as their Lordships know well all the Iudges with one voice resolved the Law to be 3 That there be special care taken of Schoolmasters and Teachers of any kinde who are Popish that they be presented and proceeded against 4. That their Lordships give knowledge to the Counties where they sit that the married Women who are Popish Recusants convicted by the Law ought to be committed to the Common-Goal without Bail unless their husbands redeem their liberty by the constant payment of 10 l. a moneth and that it must be executed Your Lordships ready to be commanded ROB. HEATH Inner-Temple Mar. 7. 1625. The Commons proceeded in the Examination of Grievances and had a Report made unto them That the reason wherefore our Merchants Ships and Goods were seised in France was by reason of Sir Iames Bagg Vice-Admiral for Cornwal and other mens dealings towards the French in seising upon their goods in several Ports in England and particularly the seising of the Ship called the Peter of New-haven and brought into Plymouth by order from the Lord Duke after the King and Council had ordered this Ship to be restored upon a just Claim and that the Court of Admiralty had also released her That till this action the French did not begin to seise any English Goods or Ships That twenty and three bags of silver and eight bags of gold were by Sir Francis Steward delivered to the Lord Duke the Duke having notice hereof said he would justifie the stay of the Ship by order from the King The Council of War appointed to manage the business for the relief of the Palatinate were called into the House of Commons and this Question was propounded unto them Whether their Advice was followed which they gave for the four Ends mentioned in the Act of Parliament 21 Iacobi for which the moneys given by that Act were to issue Lord Carey Earl of Totnes and Lord Brook desired to be excused from answering the Lord Vere said He had been much absent in the Low-Countries and could say little the Lord Grandison said that since Iuly last they had seldom met Sir Robert Mansel and Sir Iohn Oyle desired a Copy of the Question and that they might all confer together before they gave Answer to a Question of this Concernment Afterwards the same persons except the Lord Vere were called in again who gave unsatisfactory answers when they were pressed to deal clearly and fully in the business It was answered by some of them That they conceived by the Act of Parliament they were bound to make no other Answer then what they had done Others desired before they answered that they might have the Kings consent first That obtained and a special Order of the House requiring an Answer Sir Robert Mansel declared his readiness to give a cleer and full Account While matters were thus debated Mr Secretary Cook delivered a Message from the King to the Commons declaring his Majesties occasion for Supply This Message was strengthened by a Conference which the Lords desired with the Commons where William Earl of Pembrook represented the Affairs of Christendom how they stood before the breach of the Treaties with Spain and how at that present shewing That the condition of the Palatinate was nothing bettered That Count Mansfiels Army was raised for the diversion of the League Catholick in Germany That the King of Denmark had thereupon engaged himself to stand or fall in this Quarrel in case of Supplies That the Swedes were forward and lastly That his Majesty had made a strict Alliance with the Hollander upon these terms That they shall bear a fourth part of the expence of our Navy and onely have a fourth part of the spoils the Lands and Cities conquered to be the Kings The fruits of all rich advantages will be lost if a speedy Assistance be not resolved on The Commons not thinking fit to take into consideration the matter of Supply at present call for a Report from the Committee appointed to consider of the Causes and Remedies of Evils which being made by Mr Wandesford it was resolved That the Diminution of the Kingdom in strength and honor is a general Evil which we suffer under a second the increase and countenancing of Papists a third the not guarding of the narrow Seas a fourth Plurality of Offices in one hand a fifth sales of Honors and places of Judicature a sixth delivery up of Ships to the French a Seventh misimployment of three Subsidies and three fifteens c. And they further ordered That the Duke whom these Misdemenors especially reflected on have notice that the Commons House intend suddenly to resume the debate of these things and Mr Clement Cook said openly That it were better to die by an Enemy then to suffer at home The Lords at that time more readily complying with the Kings desires appointed a Committee to consider of the safety and defence of the Kingdom in general and particularly of the safeguard of the Seas the store of Ammunition and Arms and all things incident thereunto and of strengthening the Forts for this the King gave them thanks and desired them to proceed with alacrity The Committee of Lords made haste and reported their advice to the House That one Fleet be presently set to Sea against the King of Spain to annoy him and to prevent the Invasion of this Kingdom That another be set out to defend our own Coasts and the Merchants from Pirats and that consideration be had of maintaining the Armies under the King of Denmark and Count Mansfield but the House would give no opinion thereupon till they had Conference with the House of Commons which was desired upon this occasion To which Message the Commons onely returned this Answer That they desire to have a good correspondency with their Lordships and will be ever carefull of the safety and defence of the Kingdom and maintain their own priviledges as is fitting and immediately proceed with the debate concerning the Duke which was a little interrupted as well by a Letter of the Kings to the Speaker as by a Message delivered by Sir Richard Weston touching Supply King Charles to the Speaker Trusty and Welbeloved c. HAving assembled the Parliament early in the beginning of the year for the more timely help and advice of our People in our great and important Affairs and having of late not onely by Message but also of our self put our House of Commons in minde of our pressing occasions and of the present Estate of Christendom wherein they have equal interest with us as well in respect of their own former engagements
as of the common Cause we shall not need to tell them with what care and patience we have in the middest of our Necessities attended their Resolutions but because their unseasonable slowness may produce at home as ill effects as a Denial and hazard the whole Estate of things abroad we have thought fit by you the Speaker to let them know that without more loss of time we look for a full and perfect Answer of what they will give for our Supply according to our expectation and their promises wherein as we press for nothing beyond the present state and condition of our Subjects so we accept no less then is proportionable to the greatness and goodness of the Cause neither do we press them to a present Resolution in this with a purpose to precipitate their Counsels much less to enter upon their Priviledges but to shew that it is unfit to depend any longer upon uncertainties whereby the whole weight of the Affairs of Christendom may break in upon us upon the sudden to our dishonor and the shame of this Nation And for the business at home we command you to promise them in our Name that after they have satisfied us in this our reasonable Demand we shall not onely continue them together at this time so long as the season will permit but call them shortly again to perfect those necessary businesses which shall be now left undone and now we shall willingly apply â—it and seasonable remedies to such just Grievances which they shall present unto us in a dutifull and mannerly way without throwing an ill odor upon our present Government or upon the Government of our late blessed Father and if there be yet who desire to finde fault we shall think him the wisest reprehendor of errors past who without reflecting backward can give us counsel how to settle the present estate of things and to provide for the future safety and honor of the Kingdom The Heads of Sir Richard Westons Message for drawing a more speedy resolution from the House besides that formerly understood concerning the King of Denmark Count Mansfield and his Majesties Army in the Low-Countries were these I. THat his Majesties Fleet being returned and the victuals spent the men must of necessity be discharged and their wages paid or else an assured mutiny will follow which may be many wayes dangerous at this time II. That his Majesty hath made ready about forty ships to be set forth on a second voyage to hinder the Enemy which want onely victuals and some men which without present supply of money cannot be set forth and kept together III. That the Army which is appointed in every Coast must presently be disbanded if they be not presently supplied with victuals and clothes IV. That if the Companies of Ireland lately sent thither be not provided for instead of defending that Country they will prove the Authors of Rebellion V. That the season of providing healthfull victuals will be past if this Moneth be neglected And therefore his Majesty commanded me to tell you that he desired to know without futher delaying of time what supply you will give him for these his present occasions that he may accordingly frame his course and counsel Which Message produced this Answer from the Commons Most gracious Soveraign YOur Majesties Dutifull and Loyal Subjects the Commons now assembled in Parliament in all humility present unto your Royal wisdom this their Loyal Answer to the Message which your Majesty was pleased by the Chancellor of your Exchequer to send unto them desiring to know without any further deferring of time what Supply they would give to your Majesty for your present and extraordinary occasions that you might accordingly frame your Courses and Counsels First of all they most humbly beseech your Majesty to know and rest assured That no King was ever dearer to his people then your Majesty no people more zealous to maintain and advance the Honor and Greatness of their King then they which as upon all occasions they shall be ready to express so especially in the Support of that Cause wherein your Majesty and your Allies are now justly engaged And because they cannot doubt but your Majesty in your great wisdom even out of Justice and according to the Example of your most famous Predecessors will be pleased graciously to accept the faithfull and necessary Information and Advice of your Parliament which can have no end but the service of your Majesty and safety of your Realm in discovering the Causes and proposing the Remedies of these great Evils which have occasioned your Majesties Wants and your Peoples Grief They therefore in confidence and full assurance of Redress therein do with one consent propose though in former time such Course hath been unused that they really intend to assist and supply your Majesty in such a way and in so ample a measure as may make you safe at home and feared abroad for the dispatch whereof they will use such diligence as your Majesties pressing and present occasions shall require His Majesty makes this Reply to the Commons Answer Mr Speaker THe Answer of the Commons delivered by you I like well of and do take it for a full and satisfactory Answer and I thank them for it and I hope you will with all Expedition take a Course for performance thereof the which will turn to your own good as well as mine but for your Clause therein of presenting of Grievances I take that but for a Parenthesis in your Speech and not a Condition and yet for answer to that part I will tell you I will be as willing to hear your Grievances as my Predecessors have been so that you will apply your selves to redress Grievances and not to enquire after Grievances I must let you know that I will not allow any of my Servants to be questioned amongst you much less such as are of eminent place and neer unto me The old question was What shall be done to the man whom the King will honor but now it hath been the labor of some to seek what may be done against him whom the King thinks fit to honor I see you specially aim at the Duke of Buckingham I wonder what hath so altered your affections towards him I do well remember that in the last Parliament in my Fathers time when he was an Instrument to break the Treaties all of you and yet I cannot say all for I know some of you are changed but yet the House of Commons is alwayes the same did so much honor and respect him that all the honor conferred on him was too little and what he hath done since to alter or change your mindes I wot not but can assure you he hath not medled or done any thing concerning the Publick or Commonwealth but by special directions and appointment and as my Servant and is so far from gaining or improving his Estate thereby that I verily think he hath rather
good or evil they are to continue or not to be And remember that if in this time instead of mending your Errors by delay you persist in your Errors you make them greater and irreconcileable Whereas on the other side if you do go on cheerfully to mend them and look to the distressed State of Christendom and the Affairs of the Kingdom as it lieth now by this great Engagement you will do your selves honor you shall encourage me to go on with Parliaments and I hope all Christendom shall feel the good of it The Commons upon the Debate of what fell from his Majesty and the Lord Keeper turned the House into a Grand Committee ordered the doors to be locked and no Member to go forth and that all Proceedings in all other Committees shall cease till the House come to a Resolution in this business His Majesty being informed that some things in his own Speeches and the Lord Keepers Declaration were subject to misunderstanding commanded the Duke to explain them at a conference of both Houses in the Painted-Chamber held for that purpose WHereas it is objected by some who wish good Correspondency betwixt the King and People that to prefix a day to give or to break was an unusual thing and might express an inclination in the King to break to remove this as his Majesty was free from such thoughts he hath descended to make this Explanation That as his Majesty would not have you condition with him directly or indirectly so he will not lye to a day for giving further Supply but it was the pressing occasion of Christendom that made him to pitch upon a day His Majesty hath here a Servant of the King of Denmark and another from the Duke of Weymer and yesterday received a Letter from his Sister the Queen of Bohemia who signified that the King of Denmark hath sent an Ambassador with Power to perfect the Contract which was made at the Hague so it was not the King but time and the things themselves that pressed a time Therefore his Majesty is pleased to give longer time hoping you will not give him cause to put you in minde of it again so that you have a greater Latitude if the business require to think further of it I am commanded further to tell you that if his Majesty should accept of a less sum then will suffice it will deceive your expectations disappoint his Allies and consume the Treasure of the Kingdom whereas if you give largly now the business being at the Crisis it comes so seasonably it may give a Turn to the Affairs of Christendom But while we delay and suffer the time to pass others abroad will take advantage of it as the King of Spain hath done by concluding a Peace as 't is though in Italy for the Vatoline whereby our work is become the greater because there can be no diversion that way As it was a good Rule to fear all things and nothing and to be Liberal was sometimes to be Thrifty so in this particular if you give largly you shall carry the War to the Enemies door and keep that Peace at home that hath been Whereas on the contrary if you draw the War home it brings with it nothing but disturbance and fear all Courses of Justice stopt and each mans Revenues lessened and nothing that can be profitable Another Explanation I am commanded to make touching the grievances wherein his Majesty means no way to interrupt your Proceedings but hopes you will proceed in the antient wayes of your Predecessors and not so much seek faults as the means to redress them I am further commanded to tell you That his Majesty intends to elect a Committee of both Houses whom he will trust to take the view of his Estate the Defects whereof are not so fit for the Eyes of a Multitude and this Committee will be for your ease and may satisfie you without casting any ill odour on his Government or laying open any weakness that may bring shame upon us abroad That which is proposed is so little that when the payment comes it will bring him to a worse estate then now he is in therefore wishes you to enlarge it but leaves the augmentation to your selves but is sorry and touch'd in Conscience that the burthen should lie on the poorest who want too much already yet he will not prescribe but wish that you who were the Abettors and Counsellors of this War would take a greater part of the Burthen to your selves and any man that can finde out that way shall shew himself best affected and do the best service to the King and State The Duke then made his Address to them in his own behalf My Lords and Gentlemen YOu were all witnesses yesterday how good and gratious a Master I serve and I shall be likewse glad that you be witnesses how thankful a heart I have And I protest I have a heart as full of zeal to serve my Master as any man and it hath been my study to keep a good correspondency betwixt the King and his people And what ever thought hath been entertained of me I shall not alien my heart from that intention but shall adde spurs to my endeavours and actions to vindicate my self from ill opinion And however I lye under the burthen of the same it lies in your hands to make me happy or not and for my part I wish my heart and actions were known to you all then I assure my self you would resume me to your good opinions When I had with some hazard waited on my Master into Spain it is well known what Testimony I gave of my Religion and no man that comes to a true and near view of my action can justly charge me Let me be excused If I give accompt of this particular when I should speak of the general for this goes near my heart and to dissemble with my Conscience no ends of Fortunes in the World can make me do it For if I had any ill inclination I had such offers made to me in Spain as might have tempted me If I would have been converted my self I might have had the Infanta to put in my Masters Bed and if my discontent should have risen here I might have had an Army to have come with me But I thought the offer foolish ridiculous and scornful in that point of Religion I will now take the boldness to speak a little in the general business and I call it boldness to speak after one who did so well the other day But I had rather suffer in my own particular then not refresh your Memories with that which is materially needful I shall not need to reflect so far back as to the beginning of those Counsels which engaged my Master into the War they are well known onely I will so far touch it as to say That the last years preparations were not Voluntary or out of Wantonness but out of Necessity My Master
Peace as they doubted he would not be brought to enter into War But Count Mansfield procured the King of France to Contract to receive our Troops with promise to enter into the War upon condition it might be regulated by the Council of the French King and England This favor to Count Mansfield That France agreed that his Armies should joyn with the Kings Troops wrought the Princes of Germany to believe that the King would enter into a War Thereupon the Imperialists left their Dyet and sent Tilly to Friezland and to take up the River of Embden which if he had obtained they would have trampled the Low-Countreys under foot and would have become Governors of the Sea Upon this the King of Denmark sent to our King and offered to raise an Army of Thirty thousand men if our King would allow Thirty thousand pounds a Moneth and said He would admit no time of respite for if Tilly had not been presently met and headed all had been lost Whereupon our King called a Counsel and appointed Commissioners and from that time all the Warrants for the issuing of the Moneys were all under the Kings own hand to the Council of War and from them to the Treasurers and the Warrants were from the Lords of the Council for the Levying of Men and for Coats and Conduct-Money A List whereof is hereunder specified Thereupon the Duke asked the Question Whether any thing was done by single Council To which the Lord Conway answered No. For the Treaty of Denmark Project of Count Mansfield Treaties with France and the business of the Navy were done all by the King himself and who can say it was done by single Council when King Iames commanded it whose Council every man ought to reverence especially in matters of War whereunto that King was not hasty The Total of Moneys paid by Warrants of the Treasurers of the Subsidy Money IN Toto for the Four Regiments of the Low-Countries from the Thirtieth of Iune 1624. till the One and twentieth of Iuly 1624. 99878 l. 00 s. 06 d. For the Navy from the Thirteenth of Iuly 1624. till the Three and twentieth of December 37530 l. 08 s. 04 d. For the Office of the Ordinance and Forts in England from the Twentieth of Iuly 1624. till the Fifteenth of Iune 1625. 47126 l. 05 s. 05 d. To defray Charges for Forts in Ireland about October 1624. 32295 l. 18 s. 04 d. For the Service under Count Mansfield for Provisions of Arms transporting of Soldiers from the Fourth of October 1624. till the Tenth of December 1624. 61666 l. 13 s. 04 d. Sum Total 278497 l. 04 s. 11 d. MEmorandum That over and above the several Services before specified and the several Sums issued and to be issued by our Warrants for the same We did long since resolve and order accordingly that out of the Moneys of the Second and third Subsidies these further Services should be performed and Moneys issued accordingly viz. In full of the Supply of all the Forts and Castles before-mentioned Surveyed per Sir Richard Morison Sir Iohn Ogle Sir Iohn Kay in September 1613. with all sorts of Munitions according to several Proportions and Warrants for the same 4973 l. In full for the Reparations of all the said Forts and Castles according to the said Survey 10650 l. 06s 08 d. But the said Subsidies being not like to afford means to perform these so necessary Works We humbly commend the supply of what shall be wanting for the same unto your Majesties Princely consideration Whilest the Commons were inquiring into Publick Grievances the Lords represented to the King a Grievance to their own Order in this following Petition To the Kings most Excellent Majesty The Petition of your ever Loyal Subjects the Lords Spiritual and Temporal now in Parliament Assembled In all humility sheweth THat whereas the Péers and Nobility of this Your Kingdom of England have heretofore in Civility yeilded as to strangers Precedency according to their several degrées unto such Nobles of Scotland and Ireland as being in Titles above them have resorted hither Now divers of the natural born Subjects of those Kingdoms resident here with their Families and having their cheif Estates among us do by reason of some late created Dignities in those Kingdoms of Scotland and Ireland claim Precedency of the Péers of this Realm which tends both to the disservice of Your Majesty and these Realms and to the great disparagement of the English Nobility as by these Reasons may appear I. It is a novelty without president that men should inherit Honors where they possess nothing else II. It is injurious to those Countreys from whence their Titles are derived that they should have a Uote in Parliament where they have not a foot of Land III. It is a grievance to the Country where they inhabite that men possessing very large Fortunes and Estates should by reason of Foreign Titles be exempted from those Services of Trust and Charge which through their default become greater pressures upon others who bear the burthen IV. It is a shame to Nobility that Persons dignified with the Titles of Barons Viscounts c. should be obnoxious and exposed to arrest they being in the view of the Law no more then méer Plebeians We therefore humbly beséech your Majesty That you will be pleased according to the examples of the best Princes and times upon consideration of these inconveniencis represented to Your Majesty by the nearest Body of Honor to Your Majesty that some course may be taken and an order timely setled therein by Your Princely Wisdom so as the inconvenience to Your Majesty may be prevented and the prejudice and disparagement of the Péers and Nobility of this Kingdom be redressed To this Petition the King gave Answer That he would take order therein The Earl of Bristol who continued under Restraint and was debarred Access to his Majesty ever since his return out of Spain had been examined touching his Negotiation there by a Committee of Lords appointed by the King Certain Propositions were tendred unto him in order to his Release and composing of that Affair concerning which he had written to the Lord Conway and about this time received the ensuing Letter from him The Lord Conway to the Earl of Bristol My Lord I Received a Letter from your Lordship dated the Fourth of this Moneth written in Answer to a former Letter which I directed to your Lordship by his Majesties Commandment This last Letter according to my duty I have shewed unto his Majesty who hath perused it and hath commanded me to write back to you again That he findes himself nothing satisfied therewith The Question propounded to your Lordship from his Majesty was plain and clear Whether you did rather chuse to sit still without being questioned for any Errors past in your Negotiation in Spain and enjoy the benefit of the late gratious Pardon granted in Parliament whereof you may have the benefit Or
our Countrey That it hath béen the antient constant and undoubted Right and Usage of Parliaments to question and complain of all persons of what degree soever found grievous to the Commonwealth in abusing the power and trust committed to them by their Soveraign A course approved not onely by the examples in your Fathers days of famous memory but by frequent presidents in the best and most glorious Reigns of your Noble Progenitors appearing both in Records and Histories without which liberty in Parliament no private man no servant to a King perhaps no Counsellor without exposing himself to the hazard of great enmity and prejudice can be a means to call great Officers into question for their misdemeanors but the Commonwealth might languish under their pressures without Redress And whatsoever we shall do accordingly in this Parliament we doubt not but it shall redound to the Honor of the Crown and welfare of your Subjects Lastly We most humbly beseech Your Majesty gratiously to conceive that though it hath been the long Custom of Parliaments to handle the matter of Supply with the last of their businesses yet at this time out of extraordinary respect to your Person and care of your Affairs We have taken the same into more speedy consideration and most happily on the very day of your Majesties Inauguration with great alacrity and unanimous consent After a short Debate we grew to the Resolution for a present Supply well-known to your Maiesty To. which if Addition may be made of other great things for your Service yet in Consultation amongst us we doubt not but it will appear That we have not receded from the Truth of our first Intention so to supply you as may make you safe at home and feared abroad especially if your Maiesty shall be pleased to look upon the way intended in our promise as well as to the measure of the gift agreed With like humility we beseech your Majesty not to give ear to the officious reports of private persons for their own ends which hath occasioned so much loss of time nor to judge our proceedings whilst they are in agitation but to be pleased to expect the issue and conclusion of our labors which we are confident will manifest and justifie to your Majesty the sincerity and Loyalty of our hearts who shall ever place in a high degree of happiness the performing of that duty and service in Parliament which may most tend to your Majesties Honor and the good of your Kingdom Unto this Remonstrance the King said He could give no present answer but desired the House to adjourn for a week as the Lords had done and they adjourned accordingly In the interim it was intimated in Writing to the Duke that he should procure his Majesty to signifie to a certain number of Lords that he hath endeavored to divert the Charge against the Duke because his Majesty hath had sound knowledge and experience of his service and fidelity That his Majesty may let them know that he is now pleased to reveal some secrets and mysteries of State That the King his Father finding the Palatinate more then in danger to be lost and his Majesty being in Spain and there deluded and his abode and return both unsafe it was a necessity of State to sweeten and content the Spaniard with the hope of any thing which might satisfie and redeem those Engagements And that therefore the King willed the Duke to yield discreetly to what he should find they most desired and this was chiefly the point of Religion So as in this and all of the like kind the Duke upon his Majesties knowledge was commanded and but the Instrument trusted by the King in this Exigent or if you will say Extremity Upon the same ground though not in so high a degree the sending of the Ships to Rochel may be excused Touching the vast Creation of Nobility his Majesty may declare that his Father who was born a King and had long experience of that Regiment found that this State inclined much to popularity and therefore thought fit to enlarge the number of his Nobles that these being dispersed into several Counties might shine as Lamps of Soveraignty in protecting their own degrees and at their own chaâ—â—e inure the people with respect and obedience to greatness And the King may protest that this was a child of his Fathers best Judgment and the Duke the Instrument thereof And if you say there was money many times given for these Honors nay if you say that money hath been given for places of Clergy and Judicature take this of me it is so in all other Countreys as in France and Spain c. though I am not satisfied in this opinion And if it be said the King should have had the money which the Duke took to his own use I beleeve this last may the King say is more then any man can prove Neither will I deliver what I know therein onely this I will say I know the Dukes particular service and affection towards me and that he and his will lay down themselves and all they have at my feet Is it for a King to use his Servant and Instrument as he doth his Horses and being by hard riding in his service foundred and lame to turn them out to Grass or to the Cart I must therefore may the King say in right of the King my Fathers Honor protect a man though justly seeming guilty yet in my own knowledge innocent Will you therefore deny the King to favor whom he pleaseth which the King never denied to you that are his Subjects Well commend me to my Lords and tell them that if any thing hath been formerly done amiss by others I have power and will to redress it and to prevent the like At this time the King commanded all the Bishops to attend him and when they were come before him being fourteen in number he reprehended them that in this time of Parliament they had not made known unto him what might be profitable for the Church whose cause he was ready to promote And he laid this Charge upon them that in the Cause of Bristol and Buckingham their Consciences being their Guides they should follow onely proofs and not rumors The Commons sent again to the Duke by Sir Iohn Epsley to let him know that they were passing Articles against him and that they had given the Messengers leave to take Notes thereof out of the Clerks Book whereof he might take a Copy if he pleased and that they expected his Answer that day before ten of the Clock if he pleased to send any This the Duke signified to the Lords who did not think fit that he should answer as appears by the ensuing Report made by Sir Iohn Epsley This day his Grace gave us this Answer after he had moved the Lords that he should with great care make all due acknowledgment of your respect and favors in giving him this notice
which though it do invite him to render unto you such a satisfaction that he hopes may acquit and restore him to your good opinion and might prevent your proceedings which otherwise by a Parliamentary course are like to follow Yet according to his duty having moved the Lords of the Upper House upon your notice given him they would by no means as things now stand give him leave to answer in regard he is not ignorant you are presently to enter into consideration of his Majesties Message and that by a delay therein your own purposes will be in some sort disappointed and the affairs of Christendome much prejudiced but for that upon a resolution you have deferred and respited that service until those things depending against him be first determined he out of fear that his necessary defence would spin out a great deal of time which is more precious is the willinger to obey their Lordships that so he might hasten without obstacle or interruption given unto him to keep day with his Majesty And this he doth as he conceives to his own infinite prejudice knowing how grievous it is to be transmitted as a Grievance by the voice of this House But he doth profess he will rather hazard the safety of his Fortunes Reputation and himself then to be the least occasion of any that may work dis-affection or mis-understanding between the King and his People And it is his Protestation that whatsoever interruption is made by his actions his endeavors shall be as long as he hath any favor with his gracious Master to take opportunity of doing good offices to this House and of rendring all that he can be able for the safety of the State and the general good of the Common-wealth And this he saith you may the easier beleeve because his Majesty can witness that he hazarded in his Fathers time the loss of the best affection of the best of Masters to obtain for them their desire In this zeal he was desirous to have appeared unto you ever since the beginning of this Parliament and in this zeal he doth now present himself unto you But to return to the main point he lest we should be mistaken gave us occasion in plain words to remember you that it is not he that doth refuse to answer but the Lords commanded him not to answer which he the cheerfullier obeyed in respect of his fidelity to prefer the Universal Weal before his own particular And in the mean time he desireth the charitable opinion of this Noble House until he be convinced that he shall appear not worthy of it which his own innocency maketh him confident that he shall not Whilst the Duke stood ready to be impeacht his Grace propounded to the Lords of the Council to have it moved to the King that in regard of the important services by Sea the usual pay to the Sailers might be raised from Fourteen to Twenty shillings a Moneth which was as much as they ordinarily received for Merchants wages The King being therein moved was consenting Nevertheless multitudes of the pressed Mariners ran away leaving his Majesties Ships unfurnished and his Service disappointed There was a great Debate in the House of Commons Whether the Committee of Twelve where Mr. Glanvile had the Chair shall consider of any new matter not heretofore propounded in the House against the Duke And it was resolved in the Affirmative Mr. Glanvile reports from the Committee the Examination concerning a Plaister and a Posset applied and given to King Iames in his sickness when the Kings sworne Physicians had agreed upon other Directions Hereupon it was resolved That this should be annexed to the Charge against the Duke as a transcendent Presumption of dangerous consequence Hereupon his Majesty sent this Message to the Commons THat he having given way to Enquiry about the Duke of Buckingham and hearing that there is new matter intended to be brought against him nevertheless leaveth the House to their own way to present the business to him or to the Lords withal adviseth them to consider of the season of the year and to avoid all loss of time It was Ordered That thanks should be returned to his Majesty for this Message On Monday the First of May the Gentleman-Usher brought the Earl of Bristol to the Bar according to their Lordships Order and the Lord Keeper acquainted him That the King had commanded his Attorney General to charge the Earl of Bristol before their Lordships with High Treason and other Offences and Misdemeanors of a very high nature that they might proceed in a Legal course against him according to the Justice and usual proceedings of Parliament I. Offences done and committed by the Earl of Bristol before His Majesties going into Spain when he was Prince I. THat the said Earl being trusted and employed by the said late King as his Ambassador to Ferdinando then and now Emperor of Germany and to Philip the Fourth then and now King of Spain in Annis 1621.22 and 23. And having Commission and particular and special Direction to Treat with the said Emperor and the King of Spain for the plenary restoring of such parts of the Dominions Territories and Possessions of the Count Palatine of Rhine who married with the most Excellent Lady Elizabeth his now Royal Consort the onely Daughter of the said late King Iames which were then wrongfully and in hostile manner taken and possessed with and by the Armies of the said Emperor and King of Spain or any other and for preserving and keeping such other parts thereof as were not then lost but were then in the protection of the said late King Iames and to the use of the said Count Palatine and his Children And also to Treat with the said King of Spain for a Marriage to be had between the most High and Excellent Prince Charls then Prince of Wales the onely Son and Heir Apparant of the said King Iames and now our most Soveraign Lord and the most Illustrious Lady Donna Maria the Infanta of Spain Sister to the now King of Spain He the said Earl contrary to his duty and Alleagiance and contrary to the trust and duty of an Ambassador at Madrid in the Kingdom of Spain to advance and further the designs of the said King of Spain against our said Soveraign Lord his Children Friends and Allies falsly willingly and traiterously and as a Traitor to our said late Soveraign Lord the King by sundry Letters and other Messages sent by the said Earl from Madrid in the years aforesaid unto King Iames and his Ministers of State of England did confidently and resolutely inform advise and assure the said late King That the said Emperor and King of Spain would really fully and effectually make restitution and plenary restauration to the said Count Palatine and his Children of the said Dominions Territories and Possessions of the said Count Palatine and of the said Electoral Dignity And that the said King of
Spain did really fully and effectually intend the said Marriage between the said Lady his Sister and the said Prince our now Soveraign Lord according to Articles formerly propounded between the said Kings Whereas in truth the said Emperor and King of Spain or either of them never really intended such restitution as aforesaid And whereas the said King of Spain never really intended the Marriage according to those Articles propounded but the said Emperor and King of Spain intended onely by those Treaties to gain time to compass their own ends and purposes to the detriment of this Kingdom of all which the said Earl of Bristol neither was nor could be ignorant The said late King Iames by entertaining those Treaties and continuing them upon those false Assurances given unto him by the said Earl as aforesaid was made secure and lost the opportunity of time and thereby the said Dominions Territories and Possessions of the said Count Palatine and the Electoral Dignity became utterly lost and some parts thereof were taken out of the actual possession of the said King Iames unto whose protection and safe keeping they were put and committed by the said Count Palatine and the most Excellent Lady Elizabeth his Wife and their Children are now utterly dispossessed and bereaved thereof to the high dishonor of our said late Soveraign Lord King Iames to the disherison of the said late Kings Children and their Posterity of their Antient Patrimony and to the disadvantage and discouraging of the rest of the Princes of Germany and other Kings and Princes in Amity and League with his Majesty II. That the said Earl of Bristol being Ambassador for his late Majesty King Iames as aforesaid in Annis supradictis and having received perfect plain and particular Instructions and Directions from his said late Majesty That he should put the King of Spain to a speedy and punctual Answer touching the Treaties aforesaid And the said Earl well understanding the effect of those Instructions and Directions so given unto him and taking precise knowledge thereof and also knowing how much it concerned his late Majesty in honor and safety as his great Affairs then stood to put these Treaties to a speedy conclusion Yet nevertheless he the said Earl falsly willingly and traiterously contrary to his Alleagiance and contrary to the trust and duty of an Ambassador did continue those Treaties upon Generalities without effectual pressing the said King of Spain unto particular Conclusions according to his Majesties Directions as aforesaid and so the said Earl intended to have continued the said Treaties upon Generalities and without reducing them to Certainties and to direct Conclusions To the high dishonor of his said late Majesty and to the extream danger and detriment of his Majesties person his Crown and Dominions Confederates and Allies III. That the said Earl of Bristol being Ambassador for his said late Majesty as aforesaid in the years aforesaid to the intent to discourage the said late King Iames for the taking up of Arms entring into Hostility with the said King of Spain and for resisting him and his Forces from attempting the Invasion of his said late Majesties Dominions and the Dominions of his said late Majesties Confederates Friends and Allies the said King of Spain having long thirsted after an Universal Monarchy in these Western parts of the World hath many times both by words and Letters to the said late King and his Ministers extolled and magnified the greatness and power of the said King of Spain and represented unto his said late Majesty the supposed dangers which would ensue unto him if a War should happen between them and affirmed and insinuated unto his said late Majesty That if such a War should ensue his said late Majesty during the rest of his life must expect neither to Hunt nor Hawk nor eat his Meat in quiet Whereby the said Earl of Bristol did cunningly and traiterously strive to retard the Resolutions of the said late King to declare himself an enemy to the said King of Spain who under colour of Treaties and Alliances had so much abused him and to resist his Arms and Forces to the loss of opportunity of time which cannot be recalled or regained and to the extream danger dishonor and detriment of this Kingdom IV. The said Earl of Bristol upon his dispatch out of this Realm of England in his Ambassage aforesaid having communication with divers persons in London within this Realm of England before his going into Spain in and about his Ambassage concerning the said Treaty For the Negotiating whereof the said Earl purposely was sent and he the said Earl being then told That there was little probability that these Treaties would or could have any good success he the said Earl acknowledged as much and yet nevertheless contrary to his duty and alleagiance and to the faith and truth of an Ambassador he the said Earl said and affirmed That he cared not what the success thereof would be for he would take care to have his Instructions and to pursue them punctually and howsoever the business went he would make his Fortune thereby or used words at that time to such effect whereby it plainly appeareth That the said Earl from the beginning herein intended not the Service or Honor of his late Majesty but his own corrupt and sinister ends and for his own advancement V. That from the beginning of his Negotiation and throughout the whole managing thereof by the said Earl of Bristol and during his said Ambassage He the said Earl contrary to his faith and duty to God the true Religion professed by the Church of England and the Peace of this Church and State did intend and resolve that if the said Marriage so treated of as aforesaid should by his Ministry be effected that thereby the Romish Religion and Professors thereof should be advanced within this Realm and other his Majesties Realms and Dominions and the true Religion and Professors thereof discouraged and discountenanced And to that end and purpose the said Earl during the time aforesaid by Letters unto his late Majesty and otherwise often counselled and perswaded his said late Majesty to set at liberty the Jesuites and Priests of the Romish Religion which according to the good Religious and Politick Laws of this Kingdom were imprisoned or restrained and to grant and to allow unto the Papists and Professors of the Romish Religion free Toleration and silencing of all the Laws made and standing in force against them VI. That by the false Informations and Intelligence of the said Earl of Bristol during the time aforesaid unto his said late Majesty and to his Majesty that now is being then Prince concerning the said Treaties and by the Assurances aforesaid given by the said Earl his said late Majesty and the Prince his now Majesty being put into hopes and by the said long delay used without producing any effect their Majesties being put into jealousies and just suspition that there was no such sincerity
default in continuing upon Generalities without pressing to Particulars but hath been caused as well by Difficulties which the business brought with it as also with exterior Accidents viz. The Wars of Bohemia the death of two Popes and of the late King of Spain without the least fault of the said Earl as is acknowledged by his late Majesty of blessed memory in the said Earl his Instructions on the 14. of March 1621. Neither could any delay herein be attributed unto him the said Earl For he was imployed in those times into Germany and Flanders and Sir Walter Aston and Sir Francis Cottington for the space of three or four years were resident in Spain from whence the hopes they gave were upon all the discreet grounds that Ministers can expect from a State But the Earl reassumed this business six moneths before his Majesties coming into Spain and he was so desirous to see his Majesty then Prince bestowed that he pressed nothing so much both to the King and Prince as that the Prince might lose no more time and rather to break the Match with Spain then suffer any further delays as will appear by his Dispatches from his first arrival at the Court of Spain until his Majesties then Prince his coming For in his Letters of Iune 20. 1622. being the first he wrote after his first Audience he was so desirous that no time might be lost that in them he craveth leave of his Majesty that in case he should find any Delays in Spain he might without expecting any Order take his leave and come home Upon the return of Sir Francis Cottington in September following he wrote both to the King and his Majesty then Prince To the King as followeth I Shall presume to add to that which Mr. Cottington shall deliver unto your Majesty by word of mouth of the present estate of the Match what I conceive to be the right way to bring it to a speedy issue That your Majesty will be pleased positively to declare what you will do in point of Religion and that you will appoint me a certain limited time by which this King should procure the Dispensation or conclude the Match without it And in case there shall be any further delay therein that I may then declare your Majesty to be free and disengaged to bestow the Prince in such sort as you shall judge most convenient And to the Prince at thesame wrote in these subsequent words viz. THat which will be necessary for his Majesty presently to do on his Majesties part is to declare himself how far he will be pleased to yield in point of Religion as Mr. Cottington will approve unto your Highness And that he set a prefixed time to break or conclude the Match either with the Dispensation or without the same For the rest it may be left to my Negotiation But your Highness may be pleased to hasten his Majesties resolution with all possible speed And the said Earl saith That having received from his said late Majesty his resolution in point of Religion and a limited time according to his desire he was so precise and punctual therein that although the making or breaking of the Marriage depended upon it he would not give one moneths respite longer time for the procuring of the Dispensation until he had first acquainted his late Majesty therein and received his Directions under his own hand as will appear by his Majesties Letters of Octob. 25. 1622. as followeth RIght Trusty and welbeloved Cousin and Counsellor We greet you heartily well Whereas by your last Letter written to our Secretary dated Sept. 29. you are desirous to have our pleasure signified unto you under our own hand Whether we will be content or not to grant a Moneths time longer for the coming of the Dispensation from Rome then we have already limited unto you in case they shall there conclude all things else to our contentment with a Resolution to send the Infanta hither the next Spring We do hereby declare unto you that in that case you shall not break with them for a Moneths longer delay We also wish you not to trouble your self with the rash Censure of other men in case your business should not succeed resting in that full assurance of our Iustice and Wisdom that we will never judge a good and faithful Servant by the effect of things so contingent and variable And with this assurance we bid you heartily farewell And he further saith That when he had agreed to the Articles of Religion and that a certain time was set for the coming of the Dispensation and a Conclusion of the Match although he would bind himself to nothing without his Majesties approbation yet for that no time might be lost he agreed to the Propositions De bene esse sent by Mr. Porter Decemb. 10. 1622. to the end the Articles might immediately be sent to Rome without losing so much time as to hear first from England And humbly moved that in case his Majesty should like of the said Articles he would send his Approbation directly to Rome for the gaining of time which his Majesty was pleased to do And at the same time he wrote both to his said late Majesty and his Majesty then Prince as followeth viz. To his Majesty This is the true state of the business as it now standeth If your Majesty approve of what is done I hope it will be a happy and a short Conclusion If your Majesty think it not fit to allow and condescend to the said Articles I have done the uttermost of my endeavors and shall humbly perswade your Majesty not to lose a day longer in the Treaty so much it importeth your Majesty and your Kingdoms that the Prince were bestowed And to the Prince in Letters of the like date in this sort I have presumed to write to his Majesty that which I think my duty to say to your Highness That in case you shall not approve of what is now conditionally agreed you permit not a day more to be lost in this Treaty For it is of so great consequence that your Highness were bestowed that it importeth almost as much that you were speedily as â—itly matched But I hope his Majesty and your Highness will in such sort approve of this last Agreement as you will speedily bring this long Treaty to a happy conclusion I am out of hope of bringing things to any better terms therefore I deal clearly with your Highness and do not only most humbly perswade but on my knees beg it of you that you either resolve to conclude this Match as you may or speedily to break it and bestow your self elswhere for no less then the happiness of your Kingdom and the security of the King your Father and your self depend upon it All which things being considered the Earl most humbly submitteth himself to the Judgment of that most high and honorable Court whether the Delays which accidents have brought forth in
and spun out two days time It was managed by Eight Members and Sixteen more as Assistants The Eight cheif managers were Sir Dudley Diggs Mr. Herbert Mr. Selden Mr. Glanvile Mr. Pym Mr. Sherâ—and Mr. Wandesford and Sir Iohn Elliot Sir Dudley Diggs by way of Prologue made this Speech My Lords THere are so many things of great importance to be said in very little time to day that I conceive it will not be unacceptable to your Lordships if setting by all Rhetorical Affectations I onely in plain Country Language humbly pray your Lordships favor to include many excuses necessary to my manifold infirmities in this one word I am Commanded by the Knights Citizens and Burgesses of the Commons House to present to your Lordships their most affectionate thanks for your ready condescending to this Conference which out of confidence in your great Wisdoms and approved Justice for the service of his Majesty and the welfare of this Realm they desired upon this occasion The House of Commons by a fatal and universal Concurrence of Complaints from all the Sea-bordering parts of this Kingdom did finde a great and grievous interruption and stop of Trade and Traffick The base Pirates of Sally ignominiously infesting our Coasts taking our Ships and Goods and leading away the Subjects of this Kingdom into Barbarous captivity while to our shame and hindrance of Commerce our enemies did as it were besiege our Ports and block up our best Rivers mouths Our friends on slight pretences made Imbargoes of our Merchants Goods and every Nation upon the least occasion was ready to contemn and slights us So great was the apparent diminution of the antient Honor of this Crown and once strong Reputation of our Nation Wherewith the Commons were more troubled calling to remembrance how formerly in France in Spain in Holland and every where by Sea and Land the Valors of this Kingdom had been better valued and even in latter times within remembrance when we had no Alliance with France none in Denmark none in Germany no Friend in Italy Scotland to say no more ununited Ireland not setled in peace and much less security at home when Spain was as ambitious as it is now under a King Philip the Second they called their Wisest the House of Austria as great and potent and both strengthned with a malitious League in France of persons ill-affected when the Low-Countreys had no Being yet by constant Councils and old English ways even then that Spanish pride was cooled that greatness of the House of Austria so formidable to us now was well resisted and to the United Provinces of the Low-Countreys such a beginning growth and strength was given as gave us honor over all the Christian World The Commons therefore wondring at the Evils which they suffered debating of the Causes of them found they were many drawn like one Line to one Circumference of decay of Trade and strength of Honor and Reputation in this Kingdom which as in one Centre met in one great Man the cause of all whom I am here to name The Duke of Buckingham Here Sir Dudley Diggs made a little stop and afterwards read the Preamble to the Charge viz. The Commons Declaration and Impeachment against the Duke of Buckingham FOr the speedy Redress of great Evils and Mischeifs and of the cheif cause of these Evils and Mischeifs which this Kingdom of England now grievously suffereth and of late years hath suffered and to the honor and safety of our Soveraign Lord the King and of his Crown and Dignity and to the good and welfare of his people The Commons in this present Parliament by the Authority of our said Soveraign Lord the King assembled Do by this their Bill shew and declare against George Duke Marquess and Earl of Buckingham Earl of Coventry Viscount Villers Baron of Whaddon Great Admiral of the Kingdoms of England and Ireland and of the Principality of Wales and of the Dominions and Islands of the same of the Town of Calais and of the Marches of the same and of Normandy Gascoigne and Guienne General-Governor of the Seas and Ships of the said Kingdom Lieutenant-General Admiral Captain-General and Governor of his Majesties Royal Fleet and Army lately set forth Master of the Horse of our Soveraign Lord the King Lord Warden Chancellor and Admiral of the Cinque Ports and of the Members thereof Constable of Dover Castle Iustice in Eyre of all the Forests and Chases on this side the River Trent Constable of the Castle of Windsor Gentleman of his Majesties Bed-Chamber one of his Majesties most Honorable Privy Council in his Realms both in England Scotland and Ireland and Knight of the most Honorable Order of the Garter The Misdemeanors Misprisions Offences Crimes and other Matters comprised in the Articles following and him the said Duke do accuse and impeach of the said Misdemeanors Misprisions Offences and Crimes My Lords THis lofty Title of this Mighty Man methinks doth raise my spirits to speak with a Paulò Majora Canamus and let it not displease your Lordships if for Foundation I compare the beautiful structure and fair composition of this Monarchy wherein we live to the great work of God the World it self In which the solid Body of incorporated Earth and Sea as I conceive in regard of our Husbandry Manufactures and Commerce by Land and Sea may well resemble us the Commons And as it is incompassed with Air and Fire and Sphears Celestial of Planets and a Firmament of fixed Stars all which receive their heat light and life from one great glorious Sun even like the King our Soveraign So that Firmament of fixed Stars I take to be your Lordships those Planets the great Officers of the Kingdom that pure Element of Fire the most Religious Zealous and Pious Clergy and the Reverend Judges Magistrates and Ministers of Law and Justice the Air wherein we breathe All which encompass round with cherishing comfort this Body of the Commons who truly labor for them all and though they be the Foot stool and the lowest yet may well be said to be the setled Centre of the State Now my good Lords if that glorious Sun by his powerful Beams of Grace and Favor shall draw from the Bowels of this Earth an exhalation that shall take Fire and burn and shine out like a Star it needs not be marvelled at if the poor Commons gaze and wonder at the Comet and when they feel the effects impute all to the incorruptible matter of it But if such an imperfect mixture appear like that in the last age in the Chair of Cassiopeia among the sixed Stars themselves where Aristotle and the old Philosophers conceived there was no place for such corruption then as the Learned Mathematicians were troubled to observe the irregular motions the prodigious magnitude and the ominous prognosticks of that Meteor so the Commons when they see such a blazing Star in course so exorbitant in the Affairs of this Commonwealth cannot
but look upon it and for want of Perspectives commend the nearer examination to your Lordships who may behold it at a nearer distance Such a prodigious Comet the Commons take this Duke of Buckingham to be against whom and his irregular ways there are by learned Gentlemen legal Articles of Charge to be delivered to your Lordships which I am generally first commanded to lay open 1. The Offices of this Kingdom that are the Eyes the Ears and the Hands of this Commonwealth these have been ingrossed bought and sold and many of the greatest of them holden even in the Dukes own hands which severally gave in former ages sufficient content to greatest Favorites and were work enough for wisest Counsellors by means whereof what strange abuses what infinite neglects have followed The Seas have been unguarded Trade disturbed Merchants oppressed their Ships and even one of the Royal Navy by cunning practice delivered over into Foreign hands and contrary to our good Kings intention employed to the prejudice almost to the ruine of Friends of our own Religion 2. Next Honors those most pretious Jewels of the Crown a Treasure inestimable wherewith your Noble Ancestors my Lords were well rewarded for eminent and publick Service in the Common-wealth at home for brave exploits abroad when covered all with dust and blood they sweat in service for the honor of this Crown What back-ways what by-ways have been by this Duke found out is too well known to your Lordships whereas antiently it was the honor of England as among the Romans the way to the Temple of Honor was through the Temple of Vertue But I am commanded to press this no further then to let your Lordships know one instance may perhaps be given of some one Lord compelled to purchase Honor 3. As divers of the Dukes poor Kinred have been raised to great honors which have been and are likely to be more chargeable and burthensome to the Crown so the Lands and Revenews and the Treasuries of his Majesty have been intercepted and exhausted by this Duke and his Friends and strangely mis-employed with strange confusion of the Accounts and overthrow of the well established antient Orders of his Majesties Exchequer 4. The last of the Charges which are prepared will be an injury offered to the person of the late King of Blessed memory who is with God of which as your Lordships may have heard heretofore you shall anon have further information Now upon this occasion I am commanded by the Commons to take care of the honor of the King our Soveraign that lives long may he live to our comfort and the good of the Christian World and also of his Blessed Father who is dead on whom to the grief of the Commons and their great distaste the Lord Duke did they conceive unworthily cast some ill odor of his own foul ways whereas Servants were antiently wont to bear as in truth they ought their Masters faults and not cast their own on them undeservedly It is well known the King who is with God had the same power and the same wisdom before he knew this Duke yea and the same affections too through which as a good and gratious Master he advanced and raised some Stars of your Lordships Firmament in whose hands this exorbitancy of will this transcendency of power such placing and displacing of Officers such irregular runing into all by-courses of the Planets such sole and single managing of the great Affairs of State was never heard of And therefore onely to the Lord Duke and his procurement by mis-informations these faults complained of by the Commons are to be imputed And for our most Gratious Soveraign that lives whose name hath been used and may perhaps now be for the Dukes justification the Commons know well That among his Majesties most Royal Virtues his Piety unto his Father hath made him a pious nourisher of his Affections ever to the Lord Duke on whom out of that consideration his Majesty hath wrought a kinde of wonder making Favor Hereditary but the abuse thereof must be the Lord Dukes own And if there have been any Commands such as were or may be pretended his mis-informations have procured them whereas the Laws of England teach us That Kings cannot command ill or unlawful things when ever they speak though by their Letters Patents or their Seals If the things be evil these Letters Patents are void and whatsoever ill event succeeds the Executioners of such Commands must ever answer for them Thus my Lords in performance of my duty my weakness hath been troublesome unto your Lordships it is now high time humbly to entreat your pardon and give way to a learned Gentleman to begin a more particular charge Then were read the First Second and Third Articles viz. 1. THat whereas the great Offices expressed in the said Dukes Stile and Title heretofore have been the singular Preferments of several Persons eminent in Wisdom and Trust and fully able for the weighty Service and greatest Employments of the State whereby the said Offices were both carefully and sufficiently executed by several Persons of such Wisdom Trust and Ability And others also that were employed by the Royal Progenitors of our Soveraign Lord the King in places of less Dignity were much encouraged with the hopes of advancement And whereas divers of the said places severally of themselves and necessarily require the whole care industry and attendance of a most provident and most able person He the said Duke being yong and unexperienced hath of late years with exorbitant Ambition and for his own profit and advantage procured and ingrossed into his own hands the said several Offices both to the danger of the State the prejudice of that Service which should have been performed in them and to the great discouragement of others who by this his procuring and ingrossing of the said Offices are precluded from such hopes as their Vertues Abilities and Publick Employments might otherwise have given them II. Whereas by the Laws and Statutes of this Kingdom of England if any person whatsoever give or pay any sum of Money Fee or Reward directly or indirectly for any Office or Offices which in any-wise touch or concern the Administration or Execution of Justice or the keeping of any of the Kings Majesties Towns Castles or Fortresses being used occupied or appointed for places of strength and defence the same person is immediately upon the same Fee Money or Reward given or paid to be adjudged a disabled person in the Law to all intents and purposes to have occupy or enjoy the said Office or Offices for the which he so giveth or payeth any sum of Money Fee or Reward He the said Duke did in or about the Moneth of Ianuary in the Sixteenth year of the late King Iames of Famous memory give and pay to the Right Honorable Charles then Earl of Nottingham for the Office of Great Admiral of England and Ireland and the Principality of
and broken the said Trust therewith committed unto him And hath not according to his said Offices during the time aforesaid safely kept the said Seas insomuch that by reason of his neglect and default therein not onely the trade and strength of this Kingdom of England hath been during the said time much decayed but the same Seas also have been during the same time ignominiously infested by Pirates and Enemies to the loss both of very many Ships and Goods and of many of the Subjects of our Soveraign Lord the King and the Dominion of the said Seas being the antient and undoubted Patrimony of the Kings of England is thereby also in most eminent danger to be utterly lost V. Whereas about Michaelmas last past a Ship called the St Peter of Newhaven whereof Iohn Mallerow was Master laden with divers Goods Merchandise Monies Jewels and Commodities to the value of Forty thousand pounds or thereabouts for the proper accompt of Monsieur de Villieurs the then Governor of Newhaven and other Subjects of the French King being in perfect Amity and League with our Soveraign Lord the King was taken at Sea by some of the Ships of his Majesties late Fleet set forth under the command of the said Duke as well by direction from him the said Duke as great Admiral of England as by the Authority of the extraordinary Commission which he then had for the command of the said Fleet and was by them together with her said goods and lading brought into the Port at Plymouth as a prize among many others upon probabilities that the said Ship or Goods belonged to the Subjects of the King of Spain And that divers parcels of the said goods and lading were there taken out of the said Ship of St Peter that is to say Sixteen Barrels of Cocheneal Eight Bags of Gold Twenty three Bags of Silver two Boxes of Pearl and Emeralds a Chain of Gold Jewels Monies and Commodities to the value of Twenty thousand pounds or thereabouts and by the said Duke were delivered into the private custody of one Gabriel Marsh servant to the said Duke and that the said Ship with the residue of her goods and lading was from thence sent up into the River of Thames and there detained whereupon there was an arrest at Newhaven in the Kingdom of France on the seventh day of December last of two English Merchants Ships trading thither as was alleadged in certain Petitions exhibited by some English Merchants trading into France to the Lords and others of his Majesties most honorable Privy-Council after which that is to say on the 28 day of the said moneth his Majesty was pleased to order with the advice of his Privy-Council that the said Ship and Goods belonging to the Sucjects of the French King should be redelivered to such as should re-claim them and accordingly intimation was given unto his Majesties Advocate in the chief Court of Admiralty by the right honorable Sir Io. Cook Knight one of his Majesties principal Secretaries of State for the freeing and discharging of the said Ship and Goods in the said Court of Admiralty And afterwards that is to say on the Six and twentieth of Ianuary last it was decreed in the said Court by the Judge thereof with the consent of the said Advocate That the said Ship with whatsoever Goods so seised or taken in her Except Three hundred Mexico Hides Sixteen Sacks of Ginger one Box of gilded Beads Five Sacks of Ginger more mentioned in the said Decree should be clearly released from further detention and delivered to the Master and thereupon under Seal a Commission was in that behalf duty sent out of the said Court to Sir Allen Appesly Sir Iohn Worstenholme and others for the due execution thereof The said Duke notwithstanding the said Order Commission and Decree detained still to his own use the said Gold Silver Pearls Emeralds Jewels Monies and Commodities so taken out of the said Ship as aforesaid And for his own singular avail and covetousness on the sixth day of February last having no information of any new proof without any legal proceeding by colour of his said Office unjustly caused the said ship and goods to be again arrested and detained in publick violation and contempt of the Laws and Justice of this Land to the great disturbance of Trade and prejudice of the Merchants These were enlarged by Mr Selden who said That by nature of his Office the Duke as Admiral ought to have guarded the Seas By his Patent he is made Magnus Admirallus Angliae Hiberniae Walliae Normaniae Aquitaniae Villae Calesij Marchiarum ejusdem praefectus generalis classium Marium dictorum regnorum The Seas of England and Ireland are committed to the Admiral as a part of the Demesne and Possessions of the Crown of England not as if he should thereby have Jurisdiction onely as in case of the Admirals in France or Spain The State of Genoa Catalonia and other Maritine parts of Spain the Sea-Towns of Almain Zeland Holland Friezland Denmark Norway and divers other parts of the Empire shew That the Kings of England by reason that their said Realm hath used time out of minde to be in peaceable possession are Lords of the Seas of England and of the Islands belonging to them And though Grotius that Hollander wrote of purpose to destroy all Dominion in the East-Ocean yet he speaks nothing against the Dominion of our English Seas howsoever he hath been misapprehended but expressly elsewhere saith Meta Britanicis littora sunt oris the utmost limits of the Demesne of the Crown of England are the Shores of the neighbouring Countries the whole Sea or the Territorium maximum that intervenes being parcel of the possession of the Crown the keeping and safe-guard of these committed to the Lord Admiral by the name of the Praefectus Marium Admirallus being but the same anciently Before the use of the word Admiral came in which was under Edw. 1. the Admirals had the Titles of Custodes Maris And this Praefectura or Custodia or Office of safe-guarding the Seas binds him to all care and perpetual observance of whatsoever conduceth to that safe-guard as in Custos sigilli Custos Marchiarum Custos portium custos comitatuum agreeable to the practice of former times 1. In certifying yearly to the King and his Council the many Forces both of the Kings ships and ships of Merchants the names of the owners the number of Marriners c. That the King and his Council may always know his force by Sea 2. In shewing wants of ships c. for the safe-guarding of the Seas with the Estimates of the Supply that so they might be procured In personal attendance upon the service of guarding the Seas upon all occasions of weight In 7 H. 4. Nich. Blackborn and Rich. Cliderowe one of the Knights of Kent were made Admirals for keeping the Seas upon consideration had of it in Parliament and
then to believe That the said ships were never meant or any way in danger to be imployed against the Rochellors or those of our Religion in France and herein he did great injury and disservice to his Majesty to the great scandal and prejudice of our Religion and Affairs and highly abused both the Lords and Commons by this cautelous and subtile Speech and Insinuation and thereby gave both Houses occasion to forbear Petitioning or suing to his Majesty for Redress in this Business while the time was not then passed for the ships were not as then actually imployed against the Rochellors albeit in truth they were then delivered into the French Kings power And the same time before the Parliament was dissolved Captain Pennington who could have opened the whole truth of the business for the Service of the King and the Realm came to Oxford but was there drawn to conceal himself by means of the Duke and not to publish in due time his knowledge of the Premisses as was there shortly after reported The truth whereof the Lords in this Parliament may be pleased to examine as they shall see cause the Parliament at Oxford being shortly after viz. Aug. 12. unhappily dissolved In or about September 1625. The said ships were actually imployed against the Rochellors and their Friends to their exceeding great prejudice and almost utter ruine It hath been said by some of the French that the Vantguard she mowed them down like grass To the great dishonor of our Nation and the scandal of our Religion and to the disadvantage of the great affairs of this Kingdom and all Christendom Also the Ships themselves were in eminent peril to be utterly lost for lack of sufficient Cautions If they be come home since this Parliament sate down long after the matter was here expounded and taken into examination It may be well presumed that it is by some underhand procuring of the Duke and the secret complying of the French with him to colour out the matter which the Lords may examine as they see cause The one and onely English-man that presumed to stay in one of the Ships and serve against the poor Rochellors of our Religion at his return was slain in charging a Peece of Ordnance not by him well sponged In February last 1625. Monsieur de la Touche having speech with Master Thomas Sherwell a Member of the Commons House of Parliament at Salisbury as he was coming up to the Parliament and Monsieur de la Touche going down into Somerset-shire to Master John Pawlets to Monsieur Sobysa He told Master Sherwell in the hearing also of one Master Iohn Clements of Plymouth who is now in Town the words that the Duke had spoken to him the last Summer touching these Ships and thereupon used these words Ce Duque est un meshant homme Upon this whole Narration of the Fact touching the manner of Delivery of the Ships to the French divers things may be observed wherein the Dukes offences do consist As In betraying a Ship of the Kings Royal Navy unto a Foreign Princes hand without good Warrant for the same The dispossessing the Subjects of this Realm of their Ships and Goods by many artifices and subtilties and in conclusion with high hand and open violence against the good will of the Owners In breaking the duty of Lord Admiral and Guardian of the Ships and Seas of this Kingdom In varying from the original good Instructions and presuming to give others of his own head in matters of State In violating the duty of a sworne Privy-Counsellor to his Majesty In abusing both Houses of Parliament by a cautelous Misinformation under a colour of a Message from his Majesty And in disadvantaging the Affairs of those of our Religion in Foreign parts Offences of an high and grievous nature For the proof of some parts thereof which are not the least I offer to your Lordships consideration the Statute of the 2 3 E. 6. touching the Duke of Somerset wherein is recited That amongst other things he did not suffer the Piers called the Newhaven and Blackerst in the parts beyond the Seas to be furnished with victuals and money whereby the French were encouraged to invade and win the same Aud for this offence amongst others it was Enacted That a great part of his Land should be taken from him And if Non-feazance in a matter tending to lose a fixed Castle belonging to the King be an high offence then the actual putting of a Ship Royal of the Kings into the hand of a Foreign Prince which is a moveable and more useful Castle and Fortress of the Realm must needs be held a greater offence I will forbear to cite any more Presidents of this kind because some of those who have gone before me have touched at divers Presidents of this nature which may be applied to this my part Only because the abuse of the Parliament which is the chiefest Council of State and Court of Judicature in the Realm is not the least offence in this business I shall desire your Lordships to take into consideration the Statute of Westm. 1. cap. 30. whereby such as seem to beguile Courts of Justice are to be sore judged in the same Courts and punished as by that Statute appeareth So he concluded and left the Duke to their Lordships equal Justice The Ninth and Tenth Articles were read next IX Whereas the Titles of Honor of this Kingdom of England were wont to be conferred as great Rewards upon such vertuous and industrious Persons as had merited them by their faithful service The said Duke by his importunate and subtile procurement hath not only perverted that antient and most honorable way but also unduly for his own particular gain he hath enforced some that were rich though unwilling to purchase Honor As the Lord R. Baron of T. who by practice of the said Duke and his Agents was drawn up to London in or about October in the Two and twentieth year of Reign of the late King Iames of famous memory and there so threatened and dealt withall that by reason thereof he yielded to give and accordingly did pay the sum of Ten thousand pounds to the said Duke and to his use For which said sum the said Duke in the moneth of Ianuary in the Two and twentieth year of the said lake King procured the Title of Baron R. of T. to the said Lord R. In which practice as the said Lord R. was much wronged in his particular so the Example thereof tendeth to the prejudice of the Gentry and dishonor of the Nobility of this Kingdom X. Whereas no Places of Judicature in the Courts of Justice of our Soveraign Lord the King nor other like Preferments given by the Kings of this Realm ought to be procured by any Subject whatsoever for any Reward Bribe or Gift He the said Duke in or about the moneth of December in the Eighteenth year of the Reign of the late King Iames of famous
Scotland and Ireland and they will tell you Sejanus pride was so excessive as Tacitus saith he neglected all Councel mixed his businesses and service with the Prince seeming to confound their Actions and was often stiled Imperatoris laborum socius How lately and how often hath this Man commixed his Actions in Discourses with ACtions of the Kings My Lords I have done you see the Man onely this which was conceived by the Knights Citizens and Burgesses should be boldly by me spoken That by him came all these evils in him we finde the Cause and on him we expect the Remedies and to this we met your Lordships in Conference to which as your Wisdom invites us so we cannot doubt but in your Lordships Wisdom Greatness and Power we shall in due time finde Judgment as he deserves I conclude by presenting to your Lordships the particular Censure of the Bishop of Ely reported in the 11 Rich. 1. and to give you a short view of his faults He was first of all noted to be Luxurious secondly He married his own Kinred to Personages of highest rank and places thirdly No mans business was done without his help fourthly He would not suffer the Kings Council to advise in Matters of State fifthly He grew to such a height of Pride that no man was thought worthy to speak unto him and lastly His Castles and Forts of Trust he did obscuris ignotis hominibus tradere his doom was this Per totam insulam publicè proclamatur periat qui perdere cuncta festinat opprimatur ne omnes opprimat Sir Dudley Diggs having made the Prologuâ— and Sir Iohn Elliot the Epilogue in the Impeachment of the Duke they were both by the Kings Command committed to the Tower Upon the Impeachment of the Duke a Paper was privately conveyed to the King importing THat this great opposition against the Duke was stirred up and maintained by such as seek the destruction of this free Monarchy Because they finde it not yet ripe to attempt against the King himself they endeavor it through the sides of the Duke The persons agreeing in this one mischeif are of divers sorts and humors First Medling and busie persons who love popular Speeches Secondly Govetous Landlords Inclosers Depopulators c. who being of the Parliament ease themselves in Subsidies and lay it on the true Commons and cry out the grievances are caused by the Duke Thirdly Recusants who hate the Duke for the breach of the Spanish Match Fourthly Persons indebted who by priviledge of Parliament avoid payment Fifthly Puritans and Sectaries though two of them scarcely agree in what they would have Haters of Government and would have the Kings power extinguished in matters Ecclesiastical and limited in Civil Sixtly Male-contents who look upon the Duke with an evil eye because themselves are not preferred Seventhly Lawyers who are very fit in Parliaments to second any Complaint against â—oth Church and King and all his Servants with their Customs Antiquities Records Statutes Presidents and Stories Eighthly Merchants and Citizens who deceive the King of Custom Ninethly Innovators Plebicolae That since the time of Henry the Sixth these Parliamentary discoursings might never be suffered as being but certain symptomes of Subsequent Rebellions Civil Wars and the dethroning of our King and no one Patriot daring to oppose them least he incur the reputation of a Fool or Coward in his Countreys Cause His Majesty therefore strengthned himself ever with some Favorite as whom he might better trust then many of the Nobility tainted with this desire of Oligarchy It behoveth without doubt his Majesty to uphold the Duke against them who if he be but decourted it will be the Corner Stone on which the demolishing of his Monarchy will be builded For if they prevail with this they have hatched a thousand other demands to pull the Feathers of Royalty They will appoint him Counsellors Servants Alliances Limits of Expences and accompt of his Revenue cheifly if they can they will now dazle him in the beginning of his raign Lastly King James and King Charls are the Dukes Accusers in all the Aspersions that are laid upon him King James for the Money destined for the Wars in his time spent in Treaties c. And his Majesty can testifie for the things done in his time And all these though actions of the King are imputed to the Duke Who if he suffer for obeying his Soveraign the next attempt will be to call the King to accompt for any thing he undertakes which doth not prosperously succeed as all men would desire it If it please his Majesty to remove and set aside all these disadvantages he shall find the Charge against the Duke very empty and of small moment And if his Majesty and the Dukes Grace think it no impeachment to their Honors all that the Parliament hath objected against the Duke except two or three things that may receive an Answer is pardoned at the Kings Coronation which benefit every poor Subject enjoyeth May 11. The King came to the Parliament and spake to the House of Peers as followeth My Lords THe cause and onely cause of my coming to you this day is to express the sense I have of all your Honors for he that toucheth any of you toucheth me in a very great measure I have thought fit to take order for the punishing some insolent speeches lately spoken I have been too remiss heretofore in punishing such speeches as concern my self Not that I was greedy of their monies but that Buckingham through his importunity would not suffer me to take notice of them lest he might be thought to have set me on and that he might come the forwarder to his Trial. And to approve his innocencie as touching the matters against him I my self can be a Witness to clear him in every one of them I speak not this to take any thing out of your hands but to shew the reason why I have not hitherto punished those insolent speeches against my self And now I hope you will be as tender of my Honor when time shall serve as I have been sensible of yours And so his Majesty was pleased to depart The same day this following Message was brought from the Commons to the Lords by Sir Nathanael Rich. THe Commons taking into serious consideration the many mischiefs and inconveniences which this renowned Kingdom doth now suffer threatening apparent danger to the King and Common-wealth have by search and disquisition into the Causes thereof found that they do principally flow from the exorbitant power and abusive carriage of the Duke of Buckingham whereof he hath this Parliament béen impeached before their Lordships by the Commons besides an accusation of a Péer in their own House who hath charged him as they are informed of High Treason They therefore with one voice make an entire Declaration That they hold it a thing of dangerous Consequence both for the present and future times that a man of so
aside and that Consideration might be had how their Priviledges may be preserved unto posterity And the House was put into a Committee for the freer Debate thereof and afterwards resumed And it was ordered That the House be adjourned till to morrow and all businesses to cease The 26. of May the Lord Keeper delivered this Message from the King to the House of Lords viz. THat his Majesty hath willed him to signifie unto their Lordships That he doth marvel his meaning in his last Answer should be mistaken And for the better clearing of his intention hath commanded him to signifie unto their Lordships his further Answer which is That their Lordships last Petition was so acceptable to his Majesty that his intent was then and is still to satisfie their Lordships fully in what they then desired Whereupon it was ordered That all businesses be adjourned till that day seven night At the same time the Duke of Buckingham signified unto their Lordships his desire to have the Kings Council allowed him to plead his cause But the Lords would not hear him because they would entertain no business And so the House was adjourned to the second of Iune At which time the House sitting again the Lord Keeper delivered this Message from the King to the House of Lords viz. HIs Majesty hath commanded me to deliver unto your Lordships a Message touching the Earl of Arundel That his Majesty hath thought of that business and hath advised of his great and pressing affairs which are such as make him unwilling to enter into dispute of things doubtful And therefore to give you clear satisfaction touching that Cause whereby you may more cheerfully proceed in the business of the House he hath endeavored as much as may be to ripen it but cannot yet effect it but is resolved that at the furthest by Wednesday sevennight being the fourteenth of Iune he will either declare the Cause or admit him to the House And addeth further upon the word of a King That if it shall be sooner ripe which he hath good cause to expect he will declare it at the soonest And further That if the occasion doth enforce to stay to the time prefixed yet he doth not purpose to set such a short end to the Parliament but that there shall be an ample and good space between that and the end of the Sessions to dispatch affairs This Message being delivered the House was adjourned ad libitum and put into a Committee And being resumed it was agreed That all businesses should cease but this of the Earl of Arundel's concerning the Priviledges of the House and the House to meet thereon to morrow morning and to be put into a Committee to consider thereof And so the House was adjourned to the next day Then the Lord Keeper delivered this Message from the King Viz. THat in the matter concerning the Earl of Arundel his Majesty hath been very careful and desirous to avoid all jealousie of violating the Priviledges of this House that he continueth still of the same mind and doth much desire to find out some Expedient which might satisfie their Lordships in point of Priviledge and yet not hinder his Majesties service in that particular But because this will require some time his Majesty though his great affairs are urgent and pressing is unwilling to urge their Lordships to go on therewith till his Majesty hath thought on the other And therefore hath commanded him to signifie his pleasure That his Majesty is contented their Lordships adjourn the House till Thursday next and in the mean time his Majesty will take this particular business into further consideration Hereupon the Lords agreed That the Lord Keeper do render unto his Majesty from the House their humble thanks for his gracious respect unto their Priviledges Then the Lord Keeper demanded of the Lords whether their Lordships would adjourn the House till Thursday next Whereupon it was agreed by the Lords and the House was so adjourned On Thursday Iune 8. the Lord Keeper delivered this Message to the Lords from his Majesty viz. THat on Saturday last his Majesty sent word to the House That by this day he would send them such an Answer concerning the Earl of Arundel as should satisfie them in point of Priviledge And therefore to take away all dispute and that their Priviledges may be in the same estate as they were when the Parliament began his Majesty hath taken off the restraint of the said Earl whereby he hath liberty to come to the House The Earl of Arundel being returned to the House did render his humble thanks unto his Majesty for this gracious favor towards him and gave their Lordships also most hearty thanks for their often intercessions for him unto the King and protested his Loyalty and faithful service unto his Majesty Much about this time Mr. Moor a Member of the House of Commons having spoken some words which seemed to reflect upon his Majesty they were reported to the House viz. That he said We were born free and must continue free if the King will keep his Kingdom Adding these words Thanks be to God we have no occasion to fear having a just and pious King The House for these words committed Mr. Moor to the Tower of London And his Majesty shortly after sent a Message That he had passed by his offence Whereupon he was released While the Duke stood charged in the Parliament the Chancellorship of Cambridge became void by the death of the Lord Howard Earl of Suffolk who died on Whitsonday the 28. of May 1626. The University having understood by several hands That it was the Kings express will and pleasure that the Duke should be chosen in his stead were ambitious and forward to express their obedience to his Majesty in that behalf well knowing that in regard of their multitude and worthy Judgment and wisdom that is esteemed and ought to be in those Electors this was one of the most honorable Testimonies of Worth and Integrity that the Nation can afford And that whereas all other the Dukes Honors did but help the rather to sink him with their weight this would seem to shoar and prop him up Letters were pretended to be sent from his Majesty to the intent to disencourage all opposers But though the pretence of Letters served mainly to effect their ends yet the producing of them would have prejudiced the chief intendment of the Election namely the honor of the Testimony in it which chiefly lying in the freedom of the Votes had by Letters been cut off Many Heads of Houses bestirr'd themselves according to their several power and interest in their respective Societies and Trinity-Colledge alone the Master whereof was Doctor Maw one of the Kings Chaplains supplied the Duke with Forty three Votes the third part of those which served the turn for he had in all One hundred and eight He was chosen the Thursday following the
the Ship to be out of their Jurisdiction if the Warrant come from the Lord Admiral they will pretend it to be within the Jurisdiction of the Cinque Ports And so whilst the Officers dispute the opportunity of the service is lost 7. When the Kings Ships lie near the Ports and the men come on shore the Officers refuse to assist the Captains to reduce them to the Ships without the Lord Wardens Warrant 8. If the Kings Ships on the sudden have any need of Pilots for the Sands Coasts of Flanders or the like wherein the Portsmen are best experienced they will not serve without the Lord Wardens or his Lieutenants Warrant who perhaps are not near the place 9. When for great occasions for the service of the State the Lord Admiral and Lord Warden must both joyn their Authority if the Officers for want of true understanding of their several Limits and Jurisdictions mistake their Warrants the service which many times can endure no delay is lost or not so effectually performed For these and many other Reasons of the like kinde the Duke not being led either with ambition or hope of profit as hath been objected for it could be no encrease of Honor to him having been honored before with a greater place nor of profit for it hath not yielded him in any matter any profit at all nor is like to yield him above Three hundred pounds per annum at any time but out of his desire to make himself the more able to do the King and Kingdom service and prevent all differences and difficulties which heretofore had or hereafter might hinder the same He did entertain that motion and doth confess that not knowing or so much as thinking of the said Act of Parliament before mentioned he did agree to give the said Lord One thousand pounds in money and Five hundred pounds per annum in respect of his Surrender he not being willing to leave his place without such consideration nor the Duke willing to have it without his full satisfaction and the occasion why the Duke of Buckingham gave that consideration to the Lord Zouch was because the Duke of Richmond in his life time had first agreed to give the same consideration for it and if he had lived he had had that place upon the same terms And when the said Duke of Richmond was dead his late Majesty directed the Duke of Buckingham to go thorow for that place and for the Reasons before-mentioned to put both these Offices together and to give the same consideration to the said Lord which the Duke of Richmond should have given and his late Majesty said he would repay the money And how far this act of his in acquiring this Office accompanied with these Circumstances may be within the danger of the Law the King being privy to all the passages of it and encouraging and directing it he humbly submitteth to your judgement and he humbly leaves it to your Lordships judgments in what third way an antient servant to the Crown by age or infirmity disabled to perform his service can in an honorable course relinquish his place for if the King himself give the Reward it may be said it is a charge to the Crown if the succeeding Officer give the Recompence it may thus be objected to be within the danger of the Law And howsoever it be yet he hopeth it shall not be held in him a crime when his intentions were just and honorable and for the furtherance of the Kings service neither is it without president that in former times of great employment both these Offices were put into one hand by several Grants To this Article whereby the not guarding of the Narrow Seas in these last two years by the Duke according to the trust and duty of an Admiral is laid to his charge whereof the consequence supposed to have been meerly through his default are the ignominious infesting of the Coasts with Pirats and Enemies the endangering of the Dominion of these Seas the extream loss of the Merchants and the decay of the Trade and Strength of the Kingdom The Duke maketh this Answer That he doubteth not but he shall make it appear to the good satisfaction of your Lordships that albeit there hath hapned much loss to the Kings Subjects within the said time of two years by Pirats and Enemies yet that hath not hapned by the neglect of the Duke or want of care and diligence in his place For whereas in former times the ordinary Guard allowed for the Narrow Seas hath been but four Ships the Duke hath since Hostility begun and before procured their number to be much increased for since Iune 1624. there hath never been fewer then Five of the Kings Ships and ordinarily Six besides Pinnaces Merchants Ships and Drumblers and since open hostility Eight of the Kings Ships besides Merchants of greater number and Pinnaces and Drumblers and all these well furnished and manned sufficiently instructed and authorised for the service He saith he hath from time to time upon all occasions acquainted his Majesty and the Council-Bord therewith and craved their advice and used the assistance of the Commissioners for the Navy in this service and for the Dunkirkers who have of late more infested these Coasts then in former years he saith There was that Providence used for the repressing of them that his Majesties Ships and the Hollanders joyning together the Port of Dunkirk was blocked up and so should have continued had not a sudden storm dispersed them which being the immediate hand of God could not by any pollicy of man be prevented at which time they took the opportunity to Rove abroad but it hath been so far from endangering the Dominion of the Narrow Seas thereby as is suggested That his Majesties Ships or Men of War were never yet mastered nor encountred by them nor will they endure the sight of any of our Ships and when the Duke himself was in person the Dunkirkers run into their Harbors But here is a necessity that according to the fortune of Wars interchangeable losses will happen yet hitherto notwithstanding their more then wonted insolency the loss of the Enemies part hath been as much if not more then what hath hapned to us and that loss that hath faln hath cheifly come by this means that the Dunkirkers Ships being of late years exercised in continual hostility with the Hollanders are built of a Mold as fit for flight as for fight and so they pilfer upon our Coasts and creep to the shore and escape from the Kings Ships But to prevent that inconvenience for the time to come there is already order taken for the building some Ships which shall be of the like Mold light and quick of sail to meet with the adverse party in their own way And for the Pirates of Sallie and those parts he saith it is but very lately that they found the way into our Coasts where by surprise they might easily do
for the continuance of that service and safety Which we cannot hope for and we beséech your most excellent Majesty graciously to receive this our humble and frée protestation That we cannot hope for it so long as we thus suffer under the pressures of the power and ambition of the said Duke and the divers and false Informations so given to your Majesty on his behalf and for his advantage especially when we observe also that in such his greatness he preventeth the giving of true Information to your Majesty in all things that may any ways reflect on his own misdoings to shew unto your Majesty the true state of your Subjects and Kingdoms otherwise then as it may be represented for his own ends And to that purpose also hath he procured so many persons depending on him either by alliance or advancement to places of eminencie near your Sacred person Through his misinformations of that kind also and power we have séen to our great grief both in the time of your Majesties Royal Father of blessed memory and of your Majesty divers Officers of the Kingdom so often by him displaced and altered that within these few years past since the beginning of his greatness more such displacings and alterations have by his means happened then in many years before them Neither was there in the time of your Royal Father of blessed memory any such Course held before it was by the practice of the said Duke thus induced And since that time divers Officers of the Crown not only in this your Kingdom of England but also in Ireland as they have béen made friends or adverse to the said Duke have béen either so commended or mispresented by him to his Soveraign and by his procurement so placed or displaced that he hath always herein as much as in him lay made his own ends and advantage the measure of the good or ill of your Majesties Kingdoms But now at length may it please your most excellent Majesty we have received from the Lords a Copy of the said Dukes Answer to our Charge transmitted against him whereunto we shall presently in such sort reply according to the Laws of Parliament that unless his power and practice again undermine our procéedings we do not doubt but we shall upon the same have Iudgment against him In the times also most gracious Soveraign of these Interruptions which came amongst us by reason of the procurement of two of our Members committed A gracious Message was formerly received from your Majesty wherein you had been pleased to let us know That if you had not a timely Supply your Majesty would betake your self to New Counsels which we cannot doubt were intended by your most excellent Majesty to be such as stood with Iustice and the Laws of this Realm But these words New Counsels were remembred in a Speech made amongst us by one of your Majesties Privy-Council and lately a Member of us who in the same Speech told us He had often thought of those words New Counsels That in his consideration of them he remembred that there were such kinds of Parliaments antiently among other Nations as are now in England That in England he saw the Country-people live in happiness and plenty but in these other Nations he saw them poor both in persons and habit or to that effect Which state and condition happened as he said to them where such New Counsels were taken as that the use of their Parliaments ended This intimation may it please your Majesty was such as also gave us just cause to fear there were some ill Ministers near your Majesty that in behalf of the said Duke and together with him who is so strangely powerful were so much against the Parliamentary Course of this Kingdom as they might perhaps advise your most excellent Majesty such New Counsels as these that fell under the memory and consideration of that Privy-Counsellor And one especial reason among others hath increased that fear amongst us For that whereas the Subsidies of Tonnage and Poundage which determined upon the death of your most Royal Father our late Soveraign and were never payable to any of your Majesties Ancestors but only by a special Act of Parliament and ought not to be levied without such an Act yet ever since the beginning of your Majesties happy Reign over us the said Subsidies have béen levied by some of your Majesties ministers as if they were still due although also one Parliament hath béen since then begun and dissolved by procurement of the said Duke as is before shewed wherein no Act passed for the same Subsidies Which example is so much against the constant use of former times and the known Right and Liberty of your Subjects that it is an apparent effect of some new Counsels given against the antient setled Course of Government of this your Majesties Kingdom and chiefly against the Right of your Commons as if there might be any Subsidy Tax or Aid levied upon them without their consent in Parliament or contrary to the setled Laws of this Kingdom But if any such do so ill an office as by the misrepresentation of the state and right of your Majesties loyal Subjects advise any such new Counsels as the levying of any Aid Tax or Subsidy among your people contrary to the setled Laws of your Kingdom We cannot most gracious Soveraign but esteem them that so shall advise not only as Uipers but Pests to their King and Commonwealth as all such were to both Houses of Parliament expresly stiled by your most Royal Father but also Capital Enemies as well to your Crown and Dignity as to the Commonwealth And we shall for our parts in Parliament shew as occasion shall require and be ready to declare their offences of this kind such as that may be rewarded with the highest punishment as your Laws inflict on any Offenders These and some of these things amongst many other Most gracious Soveraign are those which have so much prevented a right understanding betwéen your Majesty and us and which have possessed the hearts of your people and loyal Commons with unspeakable sorrow and grief finding apparently all humble and hearty endeavors misinterpreted hindred and now at last almost frustrated utterly by the interposition of the excessive and abusive power of one man Against whom we have just cause to protest not only in regard of the particulars wherewith he hath béen charged which in Parliamentary way we are enforced to insist upon as matters which lie in our notice and proof but also because we apprehend him of so unbridled Ambition and so averse to the good and tranquillity of the Church and State that we verily believe him to be an Enemy to both And therefore unless we would betray our own duties to your Majesty and those for whom we are trusted We cannot but express our infinite grief that he should have so great power and interest in your Princely affections and under your Majesty wholly in
they Ordered That all such Duties and Merchandizes shall be levied and paid And they advised the King That the Attorney General prepare for his Majesties Signature an Instrument which may pass under the Great Seal of England to declare his pleasure therein until by Parliament as in former times it may receive an absolute settlement Which passed the Great Seal accordingly The Forfeitures arising to the Crown by the execution of the Laws against Priests Jesuites and Popish Recusants were dedicated to the vast and growing charge of the Designs in hand And Complaint being made against Inferior Officers whose service was herein employed that they had misdemeaned themselves to the oppressing of Recusants without advantage to the King Commissioners of honorable Quality were appointed for the regulating of these proceedings yet no Liberty given to the encouragement or countenance of such dangerous persons as might infect the People or trouble the Peace of Church and State The King therefore Grants a Commission under the Great Seal directed to the most Reverend Father in God Toby Archbishop of York Sir Iohn Savile Knight Sir George Manners Sir Henry Slingsby Sir William Ellis Knights and to divers other Knights and Gentlemen and therein recites THat his Majesty hath received credible Information of the great loss and damages which the Kings Subjects living in Maritime Towns especially in the Northern parts do suffer by depredations attempts and assaults at Sea from Foreign Enemies whereby Trade from those parts are interrupted and the City of London much endamaged for want of Coals and other Commodities usually transported thither from Newcastle upon Tine For redress of which evil his Majesty doth think fit to appropriate and convert all such Debts sums of Money Rents Penalties and Forfeitures of all Recusants inhabiting in the Counties of York Durham Northumberland Cumberland Westmorland Lancaster Nottingham Derby Stafford and Chester which at any time have grown due since the Tenth year of King James and are not yet satisfied or which hereafter shall grow due by reason of any Law or Statute against Recusants to be employed for the maintenance provision arming manning victualling and furnishing of Six able Ships of War for guarding and defending the Coast of this Realm from the furthest North-East point of the Sea unto the mouth of the River of Thames his Majesty further expressing in the said Commission That his Subjects who are owners of Coalâ—Pits the Oast-men of Newcastle upon Tine Owners of Ships and Merchants Buyers and Sellers of Newcastle Coals have béen and are willing to contribute and pay for every Chaldron for the uses aforesaid Wherefore his Majesty upon the considerations before-mentioned doth by his said Commission give power unto the said Commissioners or any four or more of them to treat and make Composition and Agréement with the said Recusants inhabiting within the said Counties for Leases of all their Manors Lands Tenements c. within those Counties for any term of years not excéeding One and forty years and for all Forfeitures due since the Tenth year of King James for their Recusancy in not going to Church to hear Divine Service according to the Laws and Statutes of this Realm under such Condition and Immunities as they or any four of them shall sée méet and convenient according to such Instructions as his Majesty hath or shall give for that purpose his Majesty rather desiring their Conversion then Destruction And such Leases his Majesty doth declare made to the said Recusants themselves or to any persons for their use shall be good and effectual any Law or Statute to the contrary notwithstanding And by the said Commission Sir Iohn Savile was appointed Receiver of all such sums of Money as shall be paid upon these Leases and Mr. Alexander Davison of the Town of Newcastle upon Tine Merchant Adventurer was appointed to receive out of the voluntary and free-wil Contribution of the Owners Buyers and Sellers of Coals the Six pence per Chaldron of Coals In pursuance of this Commission the Recusants did make their Composition upon very easie terms as was afterwards complained of in Parliament A Proclamation was published declaring the Kings Resolution to make his Revenue certain by granting his Lands as well holden by Copy as otherwise to be holden in Fee-farm To the Nobles the King sent particularly to let them know That according to the Presidents of former times wherein the Kings and Queens of England upon such extraordinary occasions have had recourse to those Contributions which arose from the Subjects in general or to the private helps of some that were well affected he doth now expect from them such a large and chearful testimony of their Loyalty as may be acceptable to himself and exemplary to his people His Majesty demanded of the City of London the Loan of an Hundred thousand pounds But the peoples excuses were represented to the Council Table by the Magistrates of the City Immediately the Council sent a very strict command to the Lord Major and Aldermen wherein they set forth the Enemies strong preparations as ready for an Invasion and the Kings great necessities together with his gratious and moderate Proposals in the sum required and the frivolous pretences upon which they excuse themselves Wherefore they require them all excuses being set apart to enter into the business again and to manage the same as appertaineth to Magistrates so highly intrusted and in a time of such necessities and to return to his Majesty a direct and speedy Answer that he may know how far he may relie upon their Faith and Duty or in default thereof may frame his Counsels as appertaineth to a King in such extream and important occasions Moreover a peculiar charge was laid upon the several Ports and Maritime Counties to furnish and set out Ships for the present service The Privy Council expressing his Majesties care and providence to guard his own Coasts against attempts from Spain or Flanders by arming as well the Ships of his Subjects as of his own Navy made a distribution to every Port that with the Assistance and Contribution of the Counties adjoyning they prepare so many Ships as were appointed to them severally and in particular the City of London was appointed to set forth Twenty of the best Ships that lay in the River with all manner of Tackle Sea-stores and Ammunition Manned and Victualled for Three Moneths The Deputy Lieutenants and Justices of the Peace of Dorset having received the Kings Commandment for the setting forth of Ships from the Ports of Pool Weymonth and Lime with the assistance of Contribution from the Counties adjoyning presented to the Council Table an excuse in the behalf both of the Ports and County and pleaded That the Case was without President The Council gave them a check for that instead of Conformity they disputed the Case letting them know That State occasions and the defence of the Kingdom in times of extraordinary danger were not
the Denmark Forces had the advantage of the Ground Tilly being much scanted in the Rear of his Army for want of ground to place his Reserves in The Dane stood to the shock a while but was presently put to his Retreat and all his Infantry dispersed Train of Artillery taken and Two and twenty peeces of Cannon He lost many great Commanders in the fight and many were taken prisoners In the Moneth of September the King being informed of the disaster that had befaln his Uncle and principally also the King of Denmark whose engagement was chiefly for the cause of the Elector Palatine commanded his Council to advise by what means and ways he might fitly and speedily be furnished with moneys suitable to the importance of the undertaking Hereupon after a Consultation of divers days together they came to this Resolution That the urgency of Affairs not admitting the way of Parliament the most speedy equal and convenient means were by a general Loan from the Subject according as every man was assessed in the Rolls of the last Subsidy Upon which Result the King forthwith chose Commissioners for the Loan and caused a Declaration to be published wherein he alledged for this course of Supply the Reasons set down at large in his late Declaration touching the Dissolution of the Parliament Adding further That the urgency of the occasion would not give leave to the calling of a Parliament but assuring the People that this way should not be made a President for the time to come to charge them or their Posterity to the prejudice of their just and antient Liberties enjoyed under his most Noble Progenitors endeavoring thereby to root out of their mindes the suspition that he intended to serve himself of such ways to the abolishing of Parliaments And promising them in the word of a Prince first To repay all such sums of Money as should be lent without Fee or Charge so soon as he shall in any ways be enabled thereunto upon shewing forth the Acquittance of the Collectors testifying the Receipt thereof And secondly That not one penny so borrowed should be bestowed or expended but upon those Publick and General Services wherein every of them and the Body of the Kingdom their Wives Children and Posterity have their Personal and common Interest Private Instructions were given to the Commissioners how to behave themselves in this Negotiation As first That they should themselves for a good example to others lend unto his Majesty the several sums of money required of them testifying it by their names with their own hands That when they shall in his Majesties name require others to lend they may discern the said Commissioners forwardness Secondly To take for their guide those Rates at which men were assessed in the Book of the last Subsidy and to require the Loan of so much money as the entire rate and value comes to at which they are rated and set as namely he that is set at a Hundred pounds in Goods to lend a Hundred marks and he that is set at a Hundred pounds in Land to lend a Hundred pounds in money and so per rata for a greater or lesser sum Thirdly To use all possible endeavors to cause every man willingly and chearfully to lend opening unto them the necessity and unavoidableness of this course the Honor and Reputation of the Nation the true Religion and common safety of Prince and People of our Friends and Allies engaged in the common Cause that there is no time now of disputing but of acting Fourthly That they appoint the days of payment to be within Fourteen days and perswade such as shall be able to pay it at one entire payment the better to accommodate his Majesties occasion otherwise to accept of the one half at Fourteen days and the other to be paid before the Twentieth of December now next coming Fifthly That they Treat apart with every one of those that are to lend and not in the presence or hearing of any other unless they see cause to the contrary And if any shall refuse to lend and shall make delayes or excuses and persist in their obstinacy That they examine such persons upon Oath whether they have been dealt withal to deny or refuse to lend or to make an excuse for not lending Who hath dealt so with him and what speeches or perswasions he or they have used to him tending to that purpose And that they shall also charge every such person in his Majesties name upon his Allegiance not to disclose to any other what his Answer was Sixthly That they shew their discretion and affections by making choice of such to begin with who are likely to give the best examples and when they have a competent number of hands to the Roll or List of the Leaders that they shew the same to others to lead them in like manner Seventhly That they endeavor to discover whether any publickly or underhand be workers or perswaders of others to dissent from or dislike of this course or hinder the good disposition of others And that as much as they may they hinder all discourse about it and certifie to the Privy Council in writing the names qualities and dwelling places of all such refractory persons with all speed and especially if they shall discover any Combination or Confederacy against these proceedings Eightly That they let all men know whom it may concern that his Majesty is well pleased upon lending these sums required to remit all that which by Letters in his name was desired upon the late Benevolence for free Grant and what ever hath been already paid upon that account shall be accepted for part of this Loan and if it exceed the sum desired that the overplus shall be repaid without Fee or Charge so likewise for Privy Seals if any have been already paid But if not that the agreeing of the Loan of the sum required be excused of the payment of the Privy Seal Ninethly That they admit of no Suit to be made or Reasons to be given for the abating of any sum the time and instant occasion not admitting any such dispute which would but disturbe and protract the Sheriff Lastly The Commissioners were required and commanded upon their Faith and Allegiance to his Majesty to keep secret to themselves and not to impart or disclose these Instructions to others To the Imposition of Loan was added The burthen of Billeting of Soldiers formerly returned from Cadiz and the Moneys to discharge their Quarters were for the present levied upon the Countrey to be repaid out of sums collected upon the general Loan The Companies were scattered here and there in the Bowels of the Kingdom and governed by Martial Law The King gave Commissions to the Lords Lieutenants and their Deputies in case of Felonies Robberies Murders Outrages or Misdemeanors committed by Mariners Soldiers or other disorderly persons joyning with them to proceed according to certain Instructions to the Tryal
and Command all and every other person and persons whom it may any way concern in their several places or Offices to be Attendant Observant and Obedient to you and every of you in the execution and performance of this Our Royal Will and Command as they and every of them will answer the contrary at their utmost perils Nevertheless We do hereby declare Our Royal Pleasure to be That they the said Sir Henry Martin Sir Charls Caesar Sir Thomas Ridley and Nathaniel Brent in their several Offices and places aforesaid and all other Registers Officers and Ministers in the several Courts Offices and Iurisdictions appertaining to the said Archbishop shall quietly and without interruption hold use occupy and enjoy their several Offices and places which they now hold by the Grant of the said Archbishop or of any other former Archbishop of Canterbury in such Manner and Form and with those Benefits Priviledges Powers and Authorities which they now have hold and enjoy therein or thereout severally and respectively they and every of them in their several places being Attendant and Obedient unto you the said George Bishop of London Richard Bishop of Durham John Bishop of Rochester John Bishop of Oxford and William Bishop of Bathe and Wells or to any four thrée or two of you in all things according to the Tenor of this Our Commission as they should or ought to have béen to the said Archbishop himself if this Commission had not béen had or made In witness whereof We have caused these Our Letters to be made Patents witness Our Self at Westminster The Nineth day of October in the Third year of Our Reign Per ipsum Regem Edmonds For a Memorial of these Proceedings the Archbishop left to Posterity this following Narrative penned with his own hand Archbishop ABBOT his NARRATIVE Pars Prima IT is an Example so without Example that in the Sunshine of the Gospel in the midst of Profession of the true Religion under a Gratious King whom all the World must acknowledge to be blemished with no Vice a man of my place and years who have done some service in the Church and Commonwealth so deeply laden with some furious infirmities of Body should be removed from his ordinary Habitation and by a kinde of deportation should be thrust into one end of the Island although I must confess into his own Diocess that I hold it fit that the reason of it should be truly understood least it may someways turn to the scandal of my Person and Calling Which Declaration notwithstanding I intend not to communicate to any but to let it lie by me privately That it being set down impartially whilst all things are fresh in memory I may have recourse to it hereafter if Questions shall be made of any thing contained in this Relation And this I hold necessary to be done by reason of the strangeness of that which by way of Censure was inflicted upon me being then of the age of Sixty five years incumbred with the Gout and afflicted with the Stone having lived so many years in a place of great service and for ought I know untainted in any of my actions although my Master King Iames who resteth with God had both a searching Wit of his own to discover his Servants whom he put in trust whether they took any sinister courses or no and wanted not some suggesters about him to make the worst of all mens actions whom they could misreport Yet this Innocency and good Fame to be overturned in a moneth and a Christian Bishop suddenly to be made Fabula Vulgi to be tossed upon the Tongues of Friends and Foes of Protestants and Papists of Court and Countrey of English and Foreigners must needs in common opinion presuppose some Crime open or secret Which being discovered by the King albeit not fully appearing to the World must draw on indignation in so high a measure I cannot deny that the indisposition of my Body kept me from Court and thereby gave occasion to Maligners to traduce me as withdrawing my self from publick services and therefore misliking some courses that were taken which abstaining perhaps neither pleased the King nor the great man that set them on foot It is true that in the turbulency of some things I had no great invitements to draw me abroad but to possess my Soul in Patience till God sent fairer weather But the true ground of my abstaining from solemn and publick places was the weakness of my Feet proceeding from the Gout which disease being hereditary unto me and having possessed me now nine years had debilitated me more and more So that I could not stand at all neither could I go up or down a pair of Stairs but besides my Staff I must have the service of one at least of my men which was not fit to be admitted in every place where I was to come And although I was oft remembred by the wisest of my Friends that I might be carried as the old Lord Treasurer Burleigh was yet I did not think my service so necessary for the Commonwealth as his Lordships by long experience was found to be I did not value my self at so high a rate but remembred that it was not the least cause of overthrow to Robert Earl of Essex that he prized himself so as if Queen Elizabeth and the Kingdom could not well have stood if he had not supported both the one and the other Now for me thus enfeebled not with Gout onely but with the Stone also and Gravel to wait on the King or the Council Table was by me held a matter most inconvenient In the Courts of Princes there is little feeling of the infirmities belonging to old age they like them that be yong and gallant in their actions and in their cloaths they love not that men should stick too long in any room of greatness Change and alteration bringeth somewhat with it What have they to do with Kerchiefs and Staves with lame or sickly men it is certainly true There is little compassion upon the bodily defects of any The Scripture speaketh of men standing before Kings it were an uncouth sight to see the Subject sit the day before the Coronation when on the morrow I had work enough for the strongest man in England being weak in my Feet and coming to Whitehal to see things in a readiness against the next day yet notwithstanding the Stone and Gout I was not altogether an inutile servant in the Kings Affairs but did all things in my house that were to be done as in keeping the High Commission Court doing all inferior Actions conducing thereunto and dispatching References from his Majesty that came thick upon me These Relations which are made concerning me be of certain truth but reach not to the reason wherefore I was discarded To understand therefore the verity so it is That the Duke of Buckingham being still great in the favor of the King could endure no
his Book and he will have you do this Archb. This is an occupation that my old Master King Iames did never put me to and yet I was then yong and had more abilities of body then now I have so that I see I must now learn a new lesson but leave it with me and when I have read it I shall know what to say unto it a day or two hence you shall understand my minde When I had once or twice perused it I found some words which seemed unto me to cross that which the King intended and in a sort to destroy it and therefore upon his return a day or two after I exprest my self thus Mr. Murrey I conceive that the King intendeth that this Sermon shall promote the service now in hand about the Loan of Money but in my opinion it much crosseth it for he layeth it down for a rule and because it should not be forgotten he repeateth it again That Christians are bound in duty one to another especially all Subjects to their Princes according to the Laws and Customs of the Kingdom wherein they live Out of this will men except this Loan because there is neither Law nor Custom for it in the Kingdom of England Secondly In my judgment there followeth a dangerous Speech Habemus necessitatem vindicandae libertatis For this was all that was then quoted out of Calvin no mention being made of any the other words which are now in the Printed Copy For when by the former Rule he hath set men at liberty whether they will pay or no he imposeth upon them a necessity to vindicate this Liberty and Vindicare may be extended to challenge with violence cum vi But for my part I would be most unwilling to give occasion to Sedition and Mutiny in the Kingdom Again here is mention made of Poll-Money which as I have heard hath already caused much distaste where the Sermon was Preached Moreover what a Speech is this That he observes the forwardness of the Papists to offer double according to an Act of Parliament so providing yea to profess that they would part with the half of their Goods where he quoteth in the Margent Anno 1 Caroli the Act for the Subsidy of the Layty whereby Popish Recusants were to pay double when indeed there is no such Act. And in the fifth place it is said in this Sermon that the Princes of Bohemia have power to depose their Kings as not being Hereditary which is a great question Such a one as hath cost much blood and must not in a word be absolutely defined here as if it were without controversie I pray you make his Majesty acquainted with these things and take the Book with you where it is to be noted That all this time we had but one single Copy which was some time at the Court and sometime left with me Murrey I will faithfully deliver these things to the King and then you shall hear further from me Some two or three days after he returneth again unto me and telleth me That he had particularly acquainted the King with my Objections and his Majesty made this Answer First For the Laws and Customs of the Kingdom he did not stand upon that he had a President for that which he did and thereon he would insist Archb. I think that to be a mistaking for I fear there will be found no such President King Henry the Eighth as the Chronicle sheweth desired but the Sixth paâ—t of mens estates Ten groats in the pound our King desireth the whole Six parts full out so much as men are set at in the Subsidy Book And in the time of King Henry although he were a powerful King yet for that Taxation there began against him little less then a Rebellion so that he held it wisdom to desist and laying the blame upon Cardinal Wolsey professed That he knew nothing of the matter Murrey Secondly The King saith for the words Habemus necessitatem vindicandae libertatis he taketh them to be for him and he will stand on his Liberty Thirdly For Poll-money he thinketh it lawful Fourthly It is true there was no such Act passed and therefore it must be amended and yet in the Printed Book it is suffered still to stand Such slight and I may say slovenly care was had by them that published this Sermon And fifthly For that of Bohemia he hath crossed it out of the Book Some other matters there were against which I took exception but Mr. Murrey being a yong Gentleman although witty and full of good behavior I doubted that being not deeply seen in Divinity he could not so well conceive me nor make report of my words to his Majesty And therefore I being lame and so disabled to wait on the King did move him That he would in my name humbly beseech his Majesty to send the Bishop of Bathe and Wells unto me and I would by his means make known my Scruples and so I dismissed Mr. Murrey observing with my self that the Answers to my Five Objections especially to two or three were somewhat strange As if the King were resolved were it to his good or to his harm to have the Book go forth After one or two days more the yong Gentleman cometh to me again and telleth me That the King did not think it fit to send the Bishop of Bathe unto me but he expecteth I should pass the Book In the mean time had gone over one High Commission day and this Bishop who used otherwise very few days to fail was not there which being joyned to his Majesties Message made me in some measure to smell that this whole business might have that Bishops hand in it especially I knowing in general the disposition of the man The mindes of those that were Actors for the publishing of the Book were not quiet at the Court that the thing was not dispatched and therefore one day the Duke said to the King Do you see how this business is deferred if more expedition be not used it will not be Printed before the end of the Term at which time it is fit that it be sent down into the Countreys So eager he was That either by my Credit his undertakings might be strengthned or at least I might be contemned and derided as an unworthy fellow This so quickned the King that the next Message which was sent by Mr. Murrey was in some degree minatory That if I did not dispatch it the King would take some other course with me When I found how far the Duke had prevailed I thought it my best way to set down in writing many Objections wherefore the Book was not fit to be published which I did modestly and sent them to the King The words were these which I culled out of the Written Sermon 1. Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative 2. Page 8. The Kings duty is
it was only commanded unto me to put such and such things in execution but I never understood any thing of the Councel whereby I might give my Judgment how fit or unfit they were or might speak to alter the Tenure whereunto in former times I had been otherwise used Variety of Reasons breedeth variety of Actions For the matter of the Loan I knew not a long time what to make of it I was not present when the Advice was taken I understood not what was the Foundation whereupon the Building was raised neither did ever any of the Council acquaint me therewith I saw on the one side the Kings necessity for Money and especially it being resolved that the Wat should be pursued And on the other side I could not forget that in the Parliament great Sums were offered if the Petitions of the Commons might be hearkened unto It ran still in my mind That the old and usual way was best That in Kingdoms the harmony was sweetest where the Prince and the People tuned well together That whatsoever pretence of Greatness he was but an unhappy man that set the King and the Body of the Realm at division That the People though not fit to be too much cockered yet are they that must pray that must pay that must fight for their Princes That it could not be but a Man so universally hated in the Kingdom as the Duke was must for the preservation of himself desperately adventure on any thing if he might be hearkened unto These Meditations I had with my self and God knoweth I frequently in my prayers did beg That he whom these things did most concern would seriously think upon them It ran in my mind that this new Device for Money could not long hold out That then we must return into the High-way whither it were best to retire our selves betimes the shortest Errors being the best But these thoughts I suppressed within my soul neither did I ever discourage any man from Lending nor encourage any man to hold back Which I confidently avouch At the opening of the Commission for the Loan I was sent for from Croyden It seemed to me a strange thing but I was told there That howsoever it shewed the King would have it so there was no speaking against it I had not heard that men throughout the Kingdom should lend Money against their will I knew not what to make of it But when I saw in the Instructions the Refusers should be sent away for Soldiers to the King of Denmark I began to remember Urias that was sent in the Forefront of the Battel and to speak truth I durst not be tender in it And when afterwards I saw that men were to be put to their Oath With whom they had had Conference and whether any did disswade them And yet further beheld that divers were to be imprisoned I thought this was somewhat a New world Yet all this while I swallowed my own spittle and spake nothing of it to any man Nay when after some trial in Middlesex the first Sitting was for Surrey in my House at Lambeth and the Lords were there assembled with the Justices of the whole County I gave them entertainment in no mean fashion And I sate with them albeit I said nothing for the confusion was such that I knew not what to make of it Things went on every day and speech was of much Money to be raised out of some Counties yet afterwards it was not so readily paid as preferred and at length some refused even in London it self and Southwark besides many Gentlemen of special rank and some Lords as it was said And though it was reported that they were but a contemptible company yet the Prisons in London demonstrated that they were not a very few but persons both of note and number The Judges besides concurring another way That they could not allow the Legality of the Demand and the Enforcement that is used thereupon did somewhat puzzle me for being too busie in promoting of that for which I might one day suffer Yet hitherto I remained silent hoping that time would break that off which was almost come to an absolute period But in stead of this by the permission of God I was called up to the King to look clearly into the Question When the Allowance of Sibthorp's Pamphlet was put upon me I then had some reason out of the grounds of that Sermon to fear and I pray God that my fear was in vain that the Duke had a purpose to turn upside down the Laws and the whole Fundamental Courses and Liberties of the Subject and to leave us not under the Statutes and Customs which our Progenitors enjoyed but to the pleasure of Princes of whom as some are gentle and benign so some others to ingrâ—at themselves might strain more then the string will bear Besides now it came in my heart that I was present at the Kings Coronation where many things on the Princes part were solemnly promised which being observed would keep all in order and the King should have a loving and faithful people and the Commons should have a a kinde and gracious King The contemplation of these things made me stay my Judgment not any unwillingness to do my Prince any dutiful service whom I must and do honor above all the Creatures in the world and will adventure as far for his true good as any one whatsoever But I am loth to plunge my self so over head and ears in these difficulties that I can neither live with quietness of conscience nor depart out of the world with good fame and estimation And perhaps my Soveraign if hereafter he looked well into this Paradox would of all the world hate me because one of my profession age and calling would deceive him and with base flattery swerve from the truth The hearts of Kings are in the hand of God and he can turn them as the rivers of water I draw to a conclusion Only repute it not amiss because so much falleth in here to observe a few words of the Duke of Buckingham not as now he is but as he was in his rising I say nothing of his being in France because I was not present and divers others there be that remember it well but I take him at his first repair to Court King Iames for many insolencies grew weary of Somerset and the Kingdom groaning under the Triumvirate of Northampton Suffolk and Somerset though Northampton soon after died was glad to be rid of him We could have no way so good to effectuate that which was the common desire as to bring in another in his room One nail as the Proverb is being to be driven out by another It was now observed that the King began to cast his eye upon George Villiers who was then Cup-bearer and seemed a modest and courteous Youth But King Iames had a fashion that he would never admit any to nearness about himself but such a one as
Council and the better digestion of Publick services there and withal to avert so ill an Omen as the choise of me in the beginning of a Parliament ordained I hope for the joy of our own and the envy of other Nations that by your gracious Command the House may reconsult and settle their better thoughts on some more worthy their Election and your Majesties Approbation But his Majesty not admitting his excuse approved of the choise Before the Commons had entred into any Debates this following Letter touching the Inconveniencies and Grievances of the State was communicated to the Members of the House and it was called A Speech without doors To my noble friends of the Lower-House of Parliament IF my Country had held me worthy to have served in this Parliament I had now been made a Member of your Lower-House as formerly I have been in sundry other Parliaments But how unkindly soever she dealeth with me I will ever shew my thankfulness to her and deliver by way of observation what I have heretofore learned in that grave and wise Assembly for admonishment to the elder and a path-way for the younger to walk in Parliaments in my time have been wont to take up some space at the first meetings to settle the House and to determine of unlawfull Elections and in this point they never had greater cause to be circumspect then at this time For by an Abuse lately crept in there is introduced a custom which if it be not foreseen and prevented will be a great derogation to the Honor and a weakning to the power of your House Where the Law giveth a freedom to Corporations to elect Burgesses and forbideth any indirect course to be taken in their Elections many of the Corporations are so base-minded and timerous that they will not hazard the indignation of a Lord Lieutenants Letter who underhand sticks not to threaten them with the charge of a Musket or a Horse at the Muster if that he hath not the Election of the Burgesses and not they themselves And commonly those that the Lords recommend are such as desire it for protection or are so ignorant of the place they serve for as that there being occasion to speak of the Corporation for which they are chosen they have asked their Neighbors sitting by whether it were a Sea or a Land Town The next thing that is required is Liberty of Speech without which Parliaments have little force or power Speech begets doubts and resolves them and doubts in Speeches beget understanding he that doubts much asketh often and learns much and he that fears the worst soonest prevents a mischief This Priviledge of Speech is anciently granted by the testimony of Philip Comines a Stranger who prefers our Parliaments and the Freedom of the Subject in them above all other Assemblies which Freedom if it be broken or diminished is negligently lost since the dayes of Comines If freedom of Speech should be prohibited when men with modesty make repetition of the Grievances and Enormities of the Kingdom when men shall desire reformation of wrongs and injuries committed and have no relation of evil thought to his Majesty but with open heart and zeal express their dutifull and reverent respect to him and his service I say if this kinde of liberty of Speech be not allowed in time of Parliaments they will extend no further then to Quarter-Sessions and their Meetings and Assembles will be unnecessary for all means of disorder new crept in and all remedies and redresses will be quite taken away As it is no manners to contest with the King in his Election of Councellors and Servants for Kings obey no men but their Laws So were it a great negligence and part of Treason for a Subject not to be free in Speech against the abuses wrongs and offences that may be occasioned by persons in Authority What Remedy can be expected from a Prince to the Subject if the enormities of his Kingdom be concealed from him Or what King so religious or just in his own nature that may not hazard the loss of the hearts of his Subjects without this Liberty of Speech in Parliament For such is the misfortune of most Princes and such is the unhappiness of Subjects where Kings affections are setled and their loves so far transported to promote servants as they onely trust and credit what they shall inform In this Case what Subject dares complain or what Subject dares contradict the words or actions of such a servant if it be not warranted by freedom of a Parliament they speaking with humility For nothing obtaineth favor with a King so much as diligent obedience The surest and safest way betwixt the King and his people which hath least scandal of partiality is with indifference with integrity and sincerity to examine the Grievances of the Kingdom without touching upon the person of any man further then the cause giveth occasion For otherwise you shall contest with him that hath the Princes ears open to hearken to his inchanting tongue he informs secretly when you shall not be admitted to excuses he will cast your deserved malice against him to your contempt against the King and seeking to lessen his Authority and so will make the Prince the Shield of his Revenge These are the sinister practices of such servants to deceive their Soveraigns when our Grievances shall be authentically proved and made manifest to the World by your pains to examine and freedom to speak No Prince can be so affectionate to a servant or such an Enemy to himself as not to admit of this indifferent proceeding If his services be allowable and good they will appear with glory if bad your labor shall deserve thanks both of Prince and Country When Justice shall thus shine people will be animated to serve their King with integrity For they are naturally inclined to imitate Princes in good and bad The words of Cicero will then appear That malicious and evil men make Princes poor and one perfect good man is able to make a Realm rich One Case I will instance that is common in the mouths of all men and generally vox Populi vox Dei One of quality in the last Expedition to the Isle of Rhee endeavored to conceale the number of men lost in the last encounter and confidently affirmed their number not to exceed three or four hundred till a Doctor of Physick out of tenderness of Conscience and duty to his Majesty could not dissemble the vulgar and true Report but acquainted his Majesty with Two thousand of his Subjects there lost This was so contrary to the first information and so displeasing to the Informer and his Designs that he caused the Physitians remove from his Highness presence who yet remains in kinde of a banished man The truth of these two Reports is easily determined by the Clerks of the Bands of each Company and is worthy to be discovered for Truth sake Truth being so Noble of it self as
it will make him Honorable that promoteth it Lyes may shadow it but not darken it They may blame but never shame it By this small President his Majesty shall see himself abused and it may be a means for him to reflect both upon men and matters The men slain are no less injured by concealing their Names whose lives were lost for King and Country The Romans would have held it the highest Honor for their friends and posterity so to die And a Parliament may fear that those that stick not so palpably to wrong a King may as unjustly cast Aspersions upon the House and other his loving Subjects There is no remedy left for these misreports but a freedom of Speech in Parliament For there is no wise man that speaks but knows what and when to speak and how to hold his peace Whilst Subjects tongues are tyed for fear they may reach him a rap whose conscience cries guilty the King and his people are kept from understanding one another The Enemy is heartened abroad and the Malignant humor of Discontent nourished at home and all for one who is like a Dragon that bites the ear of the Elephant because he knows the Elephant cannot reach him with his trunk and Princes are abused by false Reports whispered in their ears by Sycophants and Flatterers Diogenes being asked what beast bit sorest answered Of wilde beasts the Back-biter of tame the Flatterer Now to descend to Grievances which are of two kinds some concerning the Kingdom in general some in particular which have relation to the general The Grievances in general are so many in number as will serve for every Member of the House to present Two apiece to your views And because I cannot be admitted amongst you my self yet in regard I have been a Member of you I will prsume so far as to rank my self with you and to tender the number of Two unto unto your consideration My first Complaint is of Titles of Honor and in two kindes First in respect of the Parties themselves their Estates and Parentage Secondly in respect of the manner of their attaining thereunto which is mercenary base and corrupt which in reason should not hold For by Law the consideration is unlawfull Trajanus commended Plutarch for his Precepts in School when he taught that men should labor to deserve Honor but avoid the getting of it basely For if it were Reputation to have it by Desert it were Infamy to buy it for Money In that Age where Rich men were honored Good men were despised Honor is not to be valued according to the vulgar opinion of men but prized and esteemed as the Sirname of Vertue ingendred in the minde and such Honor no King can give or money can purchase He that will strive to be more honorable then others must abandon Passion Pride and Arrogancy that so his Vertue may shine above others For Honor consists not in the Title of a Lord but in the opinion people have of their vertue For it is much more honor to deserve and not to have it then to have it and not deserve it There is one of three things that commonly causeth mans advancement Desert Favor and Power The first makes a man worthy of it the other two are but abuses For Favor is but a blinde fortune an ounce of which at Court is better then a pound of wisdom Fortune never favoreth but flattereth She never promiseth but in the end she deceiveth She never raiseth but she casteth down again And this Advancement is meeter to be called Luck then Merit That Honor that is compassed by Power takes unto it self Liberty and desires not to be governed by wisdom but force It knows not what it desireth nor hath a feeling of any Injury It is neither moved with sweet words nor pitifull tears such men leave not to do evil because they have a desire to it but when their power faileth to do it The true Honor among the honorablest is where Fortune casts down where there is no fault But it is Infamy where Fortune raiseth where there is no Merit Examine the State and condition of men raised to Honor these 25 years past and whether it be desert favor or power that hath preferred them Enter into the mischief the Kingdom hath suffered and doth suffer by it and the cause of his Majesties great wants will soon appear If you collect with your selves how many hungry Courtiers have been raised to the highest top of honor After this examine their Princely expence in these Twenty five years their Estates in present and what is requisite to maintain them in their future degrees of honor to themselves and their Posterity and you shall finde his Majesties annual Revenues consumed and spent upon those unworthy persons Besides the impairing and impoverishing of the State it brings with it the contempt of Greatness and Authority it breeds an inward malice in Gentlemen better deserving of their Country and better able to maintain the degree of honor without charge to King or Kingdom and whose Houses and Alliance may better challenge it then the best of them The Character of a covetous man is that he getteth his goods with care and envy of his Neighbors with sorrow to his Enemies with travel to his body with grief to his Spirit with scruple to his conscience with danger to his soul with suit to his children and curse to his heirs his desire is to live poor to die rich But as these vices are made vertues even so is he honored for them with Title of Nobility When Philip the second King of Spain entred with Arms upon his Kingdom of Portugal and though with his sword he might have made fitting Laws yet were there some few Priviledges which the Portugals besought they might enjoy one whereof was That the King would make no unworthy person Noble or without their approbation which was granted them and to this day they hold that Freedom which keeps that Kingdom in the ancient State Honor and Dignity that is to say two Dukes one Marquis and Eighteen Earls And thus much for the point of Honor. The second Grievance I will recommend to your views is The carriage of our Wars the excessive charges vainly spent therein the unworthiness of the people imployed the grave and experienced neglected the designs not warranted by reason and discretion and the executions worse performed with many other circumstances that depend upon it But before I proceed herein I must crave leave to speak to two Points The one to declare the property and condition of Impostors and Deceivers of Princes In the other I must clear the House of Parliament of an Imputation cast upon it Abusers of Princes are they that perswade them to War to become poor when they may live in Peace and become rich when they may be loved cause them to be hated when they may enjoy their lives surely put them in hazard of cross fortune rashly and lastly having
it should be required of them and yet they to suffer all injuries from the hands of strange Souldiers when the meanest boy in the Island is taught to mannage Arms better then the best of them that are there billetted No but they would rather have thought it discretion upon the return of those voyages to have caused the men to repair to the place where they were pressed and to have ordered that each Parish should have set them on work for their maintenance with command to be ready upon warning to repair to the place of Rendezvous There is no place or part in England so remote from the Sea but they might have resorted to the Port assigned before the Ships could be furnished or drawn together They would have thought it more wisdom to have retired to their own Harbors and to have had their men discharged then to have continued this needless and expencefull course that is taken They would have judged it better to have supplied the Isle of Weight with Two thousand men out of the main Land when they feared any evil to the Island then to send for them out of Scotland and to keep them in continual entertainment They would have thought it more fit to have returned the barbarous Irish into the Country from whence they came then to make them a vexation to the places and parts where they remain seeing no shadow of reason can be pretended for it England wants no men and hath as good and able men as either of the other two Nations if his Majesty had occasion to use them England with small charge can raise what men his Majesty pleaseth to command and that suddenly and discharge them again without trouble or charge as quickly The wise men of England would have thought Two or three hundred thousand pounds better spared then thus wastfully consumed and disorders committed we may compute it to that sum and yet keep our selves within compass And notwithstanding the want of Money and the wayes to exact it of the Subject is all the Song now sung He that sees and complains of the evil mannaging of things is either imprisoned banished the Court or censured for a Discontent There is no Englishman but knoweth the heart of every other true heated Englishman and with one consent will all obey our Prince and to his person we owe all due reverence and we may truely say no King is more happy in Subjects for their love nor no Subjects readier to serve their King with their purses and persons nor never people was better blest with a King who is endued with all kinde of vertues and stained with no manner of vice False Informers and Misguiders of good Kings are much more perilous then if Princes themselves were evil for commonly as worms breed soonest in soft and sweet wood so are the best natures inclined to Honor and Justice soonest abused by false Flatterers The evil they commit under the Authority of good Princes is accounted as done by the Prince himself but commonly such people in the end pay for it for he that desires not to do good cannot be wise but will fall into Four thousand Follies One of the first Propositions made to the House will be for Money to support his Majesties vast expence at this time that the Enemy threatens thunder against the Kingdom Your often alarms upon such pretences may make you now too secure for true it is that the last Parliament books were published of invincible Preparations intended against us and nothing came of it But beware you be not deceived by an old saying That when one usually tells lyes he is not trusted when he speaks truth for certainly the danger is much more then by the power and greatness of another Enemy In this case you must give for your own sakes that so you may be sure to enjoy what is yours for your Soveraigns sake to maintain his greatness and state and for your Countries sake to keep it from oppression of the Enemy but withall you ought to lay down the condition of the Kingdom and to shew that your necessity cannot run paralel with your hearts and your desires that your mindes will be carried with a willingness to give but your hands will keep back your hearts for want of ability to give Themistocles demanding Tribute of the Athenians told them he brought two Gods with him that is to say Perswasion and Violence They answered that they had two other Gods in their Country both great and powerfull which were Poverty and Impossibility which hindred them from giving We may truely say that God hath so placed and seated this Isle of England that nothing but evil counsel can hurt it But true it is advice that is not warranted from wise men may prove more forcible and perilous then the power of an Enemy The Scripture telleth us that the thought perisheth that taketh not counsel A King of the Lacedemonians asked how a Kingdom might ever stand and was answered two wayes if a King take counsel of wise honest men and they speak freely and do Justice uprightly There was never Censor that judged Senator that ordered Emperor that commanded Council that executed Orator that perswaded nor any other mortal man but sometimes he committed Errors and deserved either blame or punishment for his misdoings and if he were wise desired advice what to do St Gregory saith No man can give so faithfull counsel as he who loves one more then his gifts Then who are or can be so true Councellors to our Noble King as a House of Commons that hath no relation to a Kings gift but only to his Honor flourishing estate and safety This is the time to amend evil Counsels past and to let evil Councellors see their Errors This is the time for all men to put to their helps some with their hands to fight others with their advice to counsel And for my Advice this it is That you present to his Majesty in all humbleness your willing mindes and hearts to repair and fit to Sea his Majesties Navy your selves to have power to make them able and serviceable with the advice of experienced men that you may call unto you This is a matter of great importance at this present for the safety of King Realm and Subject for the strength of the Kingdom much depends upon this Bulwark which we may well term The Walls of England His Majesty shall finde himself much eased by it Businesses shall be carried without his trouble or care Money shall not be sought for to that end but provided by you his Majesty may dispose of the rest of his Revenue at his pleasure By your frugality and husbandry his Majesty shall have occasion to judge of things past of yours in present and hereafter it will serve for a President to walk after it will stop the mouthes of Malignant tongues that inform his Majesty of the unwillingness of the Subject to give and it will make it
apparent that their true grief is not in the matter of giving but to see the Evil imploying of it when it is given If any man shall pervert this good meaning and motion of yours and inform his Majesty 't is a derogation from his Honor to yield to his Subjects upon Conditions His Majesty shall have good cause to prove such mens Eyes malitious and unthankfull and thereby to disprove them in all their other Actions For what can it lessen the Reputation of a Prince whom the Subject onely and wholy obeyeth that a Parliament which his Majesty doth acknowledge to be his highest Council should advise him and he follow the advice of such a Council What dishonor rather were it to be advised and ruled by one Councellor alone against whom there is just exception taken of the whole Commonwealth Marcus Portio saith That that Commonwealth is everlasting where the Prince seeks to get obedience and love and the Subjects to gain the affection of the Prince and that Kingdom is unhappy where their Prince is served out of ends and hope of Reward and hath no other assurance of them but their service Thursday the 20 of March the House setled their grand Committees for Religion Grievances Courts of Justice and Trade and agreed upon a Petition to the King for a Fast unto which the Lords also consented Most gracious Soveraign WE your most humble and loyal Subiects the Lords Spiritual and Temporal in this present Parliament assembled upon a tender and compassionate sence of the extream Calamities of the Reformed Churches abroad and with much sorrow apprehending the displeasure of Almighty God declared against our selves the manifold evils already faln upon us and those which are further threatned as by your sacred Majesty was intimated unto us even to the utter destruction and subversion of this Church and State and which our sins have justly deserved and being now by your Majesties gracious favor assembled in Parliament as the Great Council of this your Kingdom to consult of such means as we think fittest to redress the present and prevent the future evils wherein we through Gods blessing intend to imploy our utmost endeavors humbly beseech your Majesty that by your special Command one or more days may be forthwith solemnly set apart wherein both our selves and the whole Kingdom may by fasting and prayers seek reconciliation at the hands of Almighty God and with humble and penitant hearts beseech him to remove those miseries that lie upon us our neighbor Churches to avert those which are threatned to continue the favors we yet enjoy and particularly to bestow his abundant blessing upon your Majesty and this present Parliament so that all our Counsels and Resolutions being blessed by his Divine assistance may produce much honor and safety to your Majesty your People and Allies Saturday the 22 of March was spent in opening the grievances and state of the Kingdom as billeting of Soldiers Loans by Benevolences and Privy-Seal and the imprisoning certain Gentlemen who refused to lend upon that account who afterwards bringing their Habeas Corpus were notwithstanding remanded to prison nor did the House encline to Supply his Majesty till these Grievances were redressed To which purpose Sir Francis Seimour thus began This is the great Council of the Kingdom and here if not here alone his Majesty may see as in a true glass the state of the Kingdom we are called hither by his Majesties writs to give him faithful counsel such as may stand with his honor but this we must do without flattery we are sent hither by the Commons to discharge that trust reposed in us by delivering up their just grievances and this we must do without fear let us not therfore be like Cambyses Judges who being demanded of their King whether it were not lawful for him to do what in it self was unlawful They rather to please the King then to discharge their own consciences answered that the Persian Kings might do what they listed This base flattery tends to mischief being fitter for reproof then imitation and as flattery so fear taketh away the judgment let us not then be possessed with fear or flattery of corruptions the basest For my own part I shall shun both these and speak my conscience with as much duty to his Majesty as any man but not neglecting the Publick in which his Majesty and the Commonwealth have an Interest But how can we shew our affections whilst we retain our fears or how can we think of giving of Subsidies till we know whether we have any thing to give or no for if his Majesty be perswaded by any to take from his Subjects what he will and where it pleaseth him I would gladly know what we have to give It s true it is ill with those Subjects that shall give Laws to their Princes and as ill with those Princes which shall use force with those Laws that this hath been done appeareth by the billetting of Soldiers a thing no way advantageous to his Majesties service but a burden to the Commonwealth This also appeareth by the last Levy of money against an act of Parliament Again Mr Speaker what greater proof can there be of this then the imprisonment of divers Gentlemen for the Loan who if they had done the contrary for fear their fault had been as great as theirs that were the Projectors in it and to countenance these Proceedings hath it not been preached or rather prated in our pulpits that all we have is the Kings Iure Divino say these time-servers they forsake their own function and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick and Mr Speaker wee see how easie it is for a Prince how just and good soever to be abused in regard he must see with other mens eyes and hear with other mens ears Let us not flatter his Majesty it is too apparent to all the world the King and people suffer more now then ever His Majesty in his Affairs abroad and his People in their Estates at home But will you know the reason of all this let us look back to the Actions of former Princes and we shall find that those Princes have been in greatest want and extreamity that exacted most of their Subjects and most unfortunate in the choice of their Ministers and to have failed most in their undertakings happy is that Prince that hath those that are faithful of his Council That which his Majesty wanted in the management of his Affairs concerning France and Spain I am clear was his want of faithful Council to advise The reason is plain a Prince is strongest by faithfull and wise Council I would I could truly say such have been imployed abroad I will confess and still shall from my heart he is no good Subject nor well affected to his Majesty and the State that will not willingly and freely lay down his life
Decemviri there is some Claudius Appius that seek their own revenges we complain of Loans and Impositions but when Deputy Lieutenants may send warrants to imprison our persons at pleasure if we pay not what they sent for it concern us to preserve the Country in Freedom and to consider of this kind of people There is now necessity brought in for an argument all know that necessity is an armed man and that necessity is an evil Councellor I would we had never known that Council we are almost grown like the Turks who send their Janizaries who place the Halberd at the door and there he is master of the house We have Soldiers billetted and warrants to collect money which if they do not the Soldiers must come and rifle The Romans sending one into Spain found no greater complaint then the discontent that did arise from Soldiers placed amongst them I would you would look into Fortescue where he puts the Prince in minde what misery he saw where Soldiers were put upon the people But saith he No man is forced to take Soldiers but Inns and they to be paid by them I desire we resort to his Majesty for redress and to reduce all into bounds The other way of Grievance is a Judgement in a legal course of proceeding we have had three Judgements of late times all exceeding one another in prejudice of the Subject The first was That that was judged in all formality the Postnati Case which people I honor for we finde many of them love us more then we do our selves I do not complain of it but onely mention it The other Judgement was for Impositions which was given in the Exchequer and this House two times after damned that Judgement how remiss our eyes are upon that I grieve to see There is a Judgement if I may so call it a fatal Judgement against the Liberty of the Subject Mich. 3. Car. in Sir Iohn Heveninghams case argued at the Bar and pronounced but by one alone I can live although another without title be put to live with me nay I can live although I pay Excises and Impositions for more then I do but to have my liberty which is the soul of my life taken from me by power and to be pent up in a Goal without remedy by Law and this to be so adjudged to perish in Goal O Improvident Ancestors Oh unwise forefathers to be so curious in providing for the quiet possession of our Lands and Liberties of Parliament and to neglect our persons and bodies and to let them die in prison and that durante beneplacito remediless If this be Law what do we talk of our Liberties why do we trouble our selves with the dispute of Law Franchises Propriety of goods It is the Summa totalis of all miseries I will not say it was erroneous but I hope we shall speak our minds when that Judgment comes here to be debated What may a man call his if not Liberty Having passed in some confusion in the fashion of my deâ—â—very I conclude We will consider two particulars his Majesty and his People his Majesty cals to us and craves our assistance to revive again his Honor and the Honor of the Nation The people send us as we hope with that direction that we shall return to them with that Olive-branch that assurance of being free from those calamities under which they can hardly breathe Our sins have brought on us those miseries let us all bring our Portion to make up the wall we come with Loyal hearts his Majesty shall find that it is we that are his faithfull Councellors let all Sycophants be far removed from his Majesty since we cannot help this Majesty without opening our Grievances let us discharge our duties therein yet while we seek Liberty we will not forget Subjection all things a State can be capable of either blessings or punishments depend on this meeting if any think the King may be supplied and the Commonwealth preserved without redress of Grievances he is deceived The Kings of England were never more glorious then when they trusted their Subjects let us make all haste to do the Errand for which we came let the House consider to prepare our Grievances fit for his Majesties view not to make a Law to give us new Liberties but Declaratory with respective Penalties so that those which violate them if they would be vile they should fear infamy with men and then we shall think of such a Supply as never a Prince received and with our monies we shall give him our hearts and give him a new people raised from the dead Then I hope this Parliament will be entituled The Parliament of wonders and Gods judgements diverted and these beams of goodness shall give us life and we shall go home to our Countries and leave our Posterity as free as our Ancestors left us But this day as also the two next dayes Debate produced no Resolutions the time being spent in a general opening of Grievances from all parts of the Kingdom Monday 24 March Secretary Cook renewed the motion of Supplies for his Majesty yet so that Grievances be likewise taken into Consideration We all think fit said he that both these go hand in hand together but let me put you in mind of that which concerns the King let him have the precedency of honor if not of time let the heads of the Kings Supply first be propounded this will be an honor to the King and will do service to the House the end of this Parliament is the subsistence of the King as he himself hath declared and such a Command is not to be slighted the King himself propounded it and then he will agree with us in other requests that are fit for a King to give we that have the happiness to attend his Majesty can tell you that no King is more ready to hear the complaints of his Subjects and withal you know no King is more sensible of all reproaches which touch his Honor. Will it not be fit to grant him this Honor to have the Precedency It was the Speech of an ancient Parliament man Let us deal gently with our King by these Laws that we make we do bind our selves and it is an addition of his power None that dies but leaves his heir to the favor of the King none that lives but needs the favor of the King we having made our first union with God it is next intended that we be at one with our King is it not fit we be at peace with our Head his Majesty desires it and expects it After this unity with our head there is consideration to be had of unity with our selves after this we shall be all knit in one body we shall all pronounce clearly Shiboleth and we shall consider of the Grievances and irregularities of the times which none desires to be reformed more then his Majesty and those whom you think most averse Let us take
onely an Award and no Judgement and in the L. Chief Justice his Argument there was no word spoken that the King might commit or detain without cause For the King to commit a man is indignum Regi Mercy and Honor flow immediately from the King Judgement and Justice are his too but they flow from his Ministers the Sword is carried before him but the Scepter in his hands These are true Emblems of a good King The Law admits not the King power of detaining in Prison at pleasure In antient times Prisons were but pro custodia carceres non ad poenam sed ad custodiam Admit the King may commit a man yet to detain him as long as he pleaseth is dangerous and then a man shall be punished before his offence Imprisonment is a Maceration of the body and horror to the minde it is vita pejor morte Mr Selden last of all produced the Statutes Presidents and Book-Cases which were expresseâ— in point to the Question in hand and the House commanded that Case in the Lord Chief Justice Andersons Book all of his own hand-writing to be openly read And for the Presidentâ— cited by the Kings Council in 34 years of the Queen as the Opinion of all the Judges certainly there was a great mistake in it and the mistake was the greater when it passed as currant by the Judges of the Kings-Bench in the last Case of the Habeas Corpus And that the truth of the Opinion may clearly appear let us read the words out of the Lord Chief Justice Andersons Report out of the Book written with his own hand which will contradict all those Apocrypha Reports that go upon the Case The words of the Report were these Divers persons fueront committes a several temps a several prysons sur pleasure sans bon cause parte de queux estiant amesnes en banck le Roy. Et parte en le Commune banck fuerunt accordant a le ley de la terre mise a large discharge de le imprisonment pur que aucunt grands fueront offendus procure un commandment a les Iudges que ils ne fera ainsi apres Ceo nient meins les Iudges ne surcease mes per advise enter eux ils fesoint certain Articles le tenour de queux ensus deliver eux al seignieurs Chancelor Treasurer eux subscribe avec touts lour mainies les Articles sont come erisnoint We her Majesties Iustices of both Benches and Barons of the Exchequer desire your Lordships that by some good means some order may be taken that her Highness Subjects may not be committed or detained in prison by commandment of any Noble man or Councellor against the Laws of the Realm either else to help us to have access to her Majesty to the end to become Suitors to her for the same for divers have been imprisoned for suing ordinary Actions and Suits at the Common-Law until they have been constrained to leave the same against their wills and put the same to order albeit Iudgement and Execution have been had therein to their great losses and griefs for the aid of which persons her Majesties Writs have sundry times been directed to sundry persons having the Custody of such persons unlawfully imprisoned upon which Writs no good or lawfull cause of imprisonment hath been returned or certified Whereupon according to the Laws they have been discharged of their imprisonment some of which persons so delivered have been again committed to prison in secret places and not to any common or ordinary Prison or lawfull Officer or Sheriff or other lawfully authorized to have or keep a Goal So that upon complaint made for their delivery the Queens Courts cannot tell to whom to direct her Majesties Writs and by this means Iustice cannot be done And moreover divers Officers and Serjeants of London have been many times committed to Prison for lawfull executing of her Majesties Writs sued forth of her Majesties Court at Westminster and thereby her Majesties Subjects and Officers are so terrified that they dare not sue or execute her Majesties Laws her Writs and Commandments Divers others have been sent for by Pursevants and brought to London from their dwellings and by unlawfull imprisonment have been constrained not only to withdraw their lawfull suits but have been also compelled to pay the Pursevants so bringing such persons great sums of money All which upon complaint the Iudges are bound by Office and Oath to relieve and help by and according to her Majesties Laws And where it pleaseth your Lordships to will divers of us to set down in what Cases a Prisoner sent to custody by her Majesty or her Councel are to be detained in Prison and not to be delivered by her Majesties Court or Iudges We think that if any person be committed by her Majesties command from her person or by order from the Council board and if any one or two of her Council commit one for high Treason such persons so in the Cases before committed may not be delivered by any of her Courts without due Trial by the Law and Iudgement of acquittal had Nevertheless the Iudges may award the Queens Writ to bring the bodies of such Prisoners before them and if upon return thereof the causes of their commitment be certified to the Iudges as it ought to be then the Iudges in the Cases before ought not to deliver him but to remand the Prisoner to the place from whence he came which cannot conveniently be done unless notice of the cause in general or else in special be given to the Keeper or Goaler that shall have the Custody of such a Prisoner All the Iudges and Barons did subscribe their names to these Articles Ter. Paschae 34 Eliz. and delivered one to the L. Chancellor and another to the L. Treasurer after which time there did follow more quietness then before in the Cause before mentioned After the reading of this Report Sir Edw. Cook said That of my own knowledge this Book was written with my L. Andersons own hand it is no flying report of a young Student I was Solicitor then and Treasurer Burley was as much against Commitment as any of this Kingdom It was the White Staves that made this stir Let us draw towards a conclusion The Question is whether a Feeman can be imprisoned by the King without setting down the cause I leave it as bare as Aesops Crow they that argue against it Humores moti non remoti corpus destruunt It is a Maxime the Common-Law hath admeasured the Kings Prerogative that in no Case it can prejudice the Inheritance of the Subjects had the Law given the Prerogative to that which is taken it would have set some time to it else mark what would follow I shall have an Estate of Inheritance for life or for years in my Land or propriety in my Goods and I shall be a Tenant at will for my liberty I shall have
your Majesties Service and to the safety of your Majesties sacred Person we most zealously present to your Princely wisedom craving your Majesties chearful and gratious approbation His Majesties Answer to the eighth Article TO the eighth his Majesty doth well approve it as a matter of necessary consideration and the Parliament now sitting he recommendeth to both Houses the preparation of a fitting Law to that effect And his Majesty doth further declare that the mildeness that hath been used towards those of the Popish Religion hath been upon hope that forain Princes thereby might be induced to use moderation towards their Subjects of the Reformed Religion but not finding that good effect which was expected His Majesty resolveth unless he shall very speedily see better fruits to add a further degree of severity to that which in this petition is desired ON Wednesday the second of April the Propositions sent from the King were mentioned and several Gentlemen expressed themselves severally on that subject IT is said that the greatest grievance is want of supply but I hold it a greater grievance that his Majesty is brought into those necessities especially considering the supplies that of late have been given to the King two Subsidies of Parliament besides privy Seals the late Loan whereby five Subsidies were forcibly and unadvisedly taken and we have yet purchased to our selves nothing by all these but our own dishonor we have drawn and provoked two powerful enemies upon us it is not then what the Subjects do give unless his Majesty imploy men of integrity and experience otherwise all that we give will be as cast into a bottomless bag SOme propositions we shall not meddle with as a soveraign Army to be transported we are not fit for that yet but we will not reject it for great Princes who give out Rumors of raising great Armies do put their Enemies to great fears then the defence of our Coasts nothing is more necessary but the bill of Poundage is for that particular supply and how far it may prejudice us for a future Precedent to give other supply let us be advised Mr. Secretary Cook observing a distinction made upon the propositions as if some of them were to be omitted I know said he you will do it upon deliberation some there are not possible to be omitted as the Guarding of the Seas defence of the Elbe Rotchel and those draw on all the rest Ships must have Men and Munition and we cannot divide any of these This House is tender of the Countrey the King will not lay a burthen that cannot be born We may supply his Majesty without this give we now what we please the King may make use of it before the People are able to pay and we shall not onely make his Majesty subsist but advance his reputation in the world by the unity of his People more then by any treasure INdeed there may be some necessity for a war offensive but looking on one late dysaster I tremble to think of sending more abroad Let us consider those two great undertakings at Cales and Ree at Cales that was so gloriously pretended where our men arrived and found a Conquest ready namely the Spanish Ships a satisfaction sufficient and fit for us and this confessed by some then imployed and never but granted by all that it was feasible and easie why came this to nothing After that opportunity lost when the whole Army was landed with destruction of some of our men why was nothing done if nothing was intended why were they landed and why were they shipt again For Rees voyage was not the whole action carried against the judgement of the best Commanders was not the Army landed Not to mention the leaving of the Wines nor touch the wonder that Caesar never knew the enriching of the Enemy by curtesies Consider what a case we now are in if on the like occasion or with the like instruments we shall again adventure another expedition It was ever the wisedom of our Ancestors here to leave Forain Wars wholly to the State and not to meddle with them SIr Edw. Cook When poor England stood alone and had not the access of another Kingdom and yet had more and as potent Enemies as now it hath yet the King of England prevailed In the Parliament Roll in the 42. year of Edw. 3. the King and the Parliament gave God thanks for his victory against the Kings of Scotland and of France he had them both in Windsor Castle as Prisoners What was the reason of that Conquest four reasons were given 1. The King was assisted by good Counsel 2. There were valiant men 3. They were timely supplied 4. Good Imployment 3. R. 2. The King was inviron'd with the Flemins Scots and French and the King of England prevailed 13. R. 2. The King was invironed with Spaniards Scots and French and the King of England prevailed 17 R. 2. Wars were in Ireland and Scotland and yet the King of England prevailed and thanks were given to God here And I hope I shall live to give God thanks for our Kings victories 7 H. 4. One or two great men about the King so mewed him up that he took no other advice but from them whereupon the Chancellor took this Text and Theam in his Speech at the Parliament Multorum consilia requiruntur in magnis in bello qui maxime timent sunt in maximis periculis Let us give and not be afraid of our enemies let us supply bountifully cheerfully and speedily but enter not into particulars Solomons Rule is Qui repetit separat nay separat foederatos We are united in duty c. to the King the King hath fourscore thousand pounds a year for the Navy and to scowre the Narrow-seas it hath been taken and we are now to give it and shall we now give more to guard the Seas besides when that is taken of our gift it may be diverted another way It shall never be said we deny all supply I think my self bound where there is commune periculum there must be commune auxilium I Cannot forget that duty I owe to my Countrey and unless we be secured against our Liberties we cannot give I speak not this to make diversions but to the end that giving I may give cheerfully As for the Propositions to be considered of I incline to decline them and to look upon the State of our Countrey whether it be fit to give or no Are we come to an end for our Countries Liberties have we trenched on the rates of the Deputy Lieutenants are we secured for time future WE all desire remedies for our Grievances and without them we shall neither be willing nor able to give for my part I heartily desire remedy but which is the best and wisest way that is the question As we have made some progress in our Grievances so let us now go on to supply There is a Proverb Non bis
a free man imprisonable upon command or pleasure without cause expressed to be absolutely in worse case then a villain and if he did not make this plain he desired their Lordships not to believe him in any thing else and then produced two Book Cases 7. Edw. 3. fol. 50. in the new print 348. old print A Prior had commanded one to imprison his villain the Judges were ready to bayl him till the Prior gave his reason that he refused to be Bayliff of his Manour and that satisfied the Judges 2d Case 33. Edw. 3. title Tresp 253. in Faux imprisonment it was of an Abbot who commanded one to take and detain his villain but demanded his cause he gives it because he refused being thereunto required to drive his Cattel Ergo free men imprisoned without cause shewn are in worse case then villains that must have a cause shewn them why they are imprisoned 3. A Free man impisoned without cause is so far from being a Bondman that he is not so much as a man but is indeed a dead man and so no man imprisonment is in Law a civil death perdit domum familiam vicinos patriam and is to live amongst wretched and wicked men Malefactors and the like And that death and imprisonment was the same he proved by an Argument ab effectis because they both produce the like immediate effects he quoted a Book for this If a man be threatned to be killed he may avoid seoffment of Lands gifts of goods c. so it is if he be threatned to be imprisoned the one is an actual the other is a civil death And this is the first general Argument drawn a re ipsa from the nature of imprisonment to which res ipsa consilium dedit The second general Reason he took also from his books for he said he hath no Law but what by great pains and industry he learnt at his book for at ten years of age he had no more Law then other men of like age and this second reason is a minore ad majus he takes it from Bracton Minima poena corporalis est major qualibet pecuniaria But the King himself cannot impose a fine upon any man but it must be done judicially by his Judges per justitiarios in Curia non per regem in Camera and so it hath been resolved by all the Judges of England he quoted 3. R. 2. fo 11. The third general Reason is taken from the number and diversity of remedies which the Laws give against imprisonment Viz. Breve de homine replegiando De odio atia De Habeas Corpus An appeal of Imprisonment Breve de manucaptione The latter two of these are antiquated but the Writ De odio atia is revived for that was given by the Statute of Magna Charta Cha. 26. and therefore though it were repealed by Statute of 42. E. 3. by which it is provided that all Statutes made against Magna Charta are void now the Law would never have given so many remedies if the free men of England might have been imprisoned at free will and pleasure The fourth general Reason is from the extent and universality of the pretended power to imprison for it should extend not onely to the Commons of this Realm and their Posterities but to the Nobles of the Land and their progenies to the Bishops and Clergy of the Realm and their Successors And he gave a cause why the Commons came to their Lordships Commune periculum commune requirit auxilium Nay it reacheth to all persons of what condition or sex or age soever to all Judges and Officers whose attendance is necessary c. without exception and therefore an imprisonment of such an extent without reason is against reason The fifth general Reason is drawn from the indefiniteness of time the pretended power being limited to no time it may be perpetual during life and this is very hard to cast an old man into prison nay to close prison and no time allotted for his coming forth is a hard case as any man would think that had been so used And here he held it an unreasonable thing that a man had a remedy for his Horse or Cattle if detained and none for his body thus indefinitely imprisoned for a Prison without any prefixed time is a kinde of Hell The sixth and last Argument is a Fine and sapiens incipit a Fine and he wisht he had begun there also and this Argument he made three-fold Ab honesto This being less honourable Ab utili This being less profitable A tuto This Imprisonment by will and pleasure being very dangerous for King and Kingdom 1. Ab honesto It would be no honour to a King or Kingdom to be a King of Bond-men or Slaves the end of this would be both Dedecus Damnum both to King and Kingdom that in former times hath been so renowned Ab utili It would be against the profit of the King and Kingdom for the execution of those Laws before remembred Magna Charta 5. Ed. 3. 25. Ed. 3.28 Ed. 3. whereby the King was inhibited to imprison upon pleasure You see quoth he that this was vetus querela an old question and now brought in again after seven Acts of Parliament I say the execution of all these Laws are adjudged in Parliament to be for the common profit of the King and People and he quoted the Roll this pretended power being against the profit of the King can be no part of his Prerogative He was pleased to call this a binding Reason and to say that the wit of man could not answer it that great men kept this Roll from being Printed but that it was equivalent in force to the printed Rolls 3. A Reason a tuto It is dangerous to the King for two respects first of loss secondly of destroying of the endeavors of men First if he be committed without the expression of the cause though he escape albeit in truth it were for treason or felony yet this escape is neither felony nor treason but if the cause be expressed for suspicion of treason or felony then the escape though he be innocent is treason or felony He quoted a Cause in print like a reason of the Law not like Remittitur at the rising of the Court for the Prisoner traditur in ballium quod breve Regis non fuit susficiens causa The Kings Command He quoted another famous Case Commons in Parliament incensed against the Duke of Suffolk desire he should be committed The Lords and all the Judges whereof those great Worthies Prescot and Fortescue were two delivered a flat opinion that he ought not to be committed without an especial Cause He questioned also the name and etymologie of the Writ in question Corpus cum causa Ergo the Cause must be brought before the Judge else how can he take notice hereof Lastly he pressed a place in the Gospel Acts 25. last verse which Festus conceives is an
Petition his Majesty made this reply Mr. Speaker and Gentlemen when I sent you my last Message I did not expect a reply for I intended it to hasten you I told you at your first meeting this time was not to be spent in words and I am sure it is less fit for disputes which if I had a desire to entertain Mr. Speakers preamble might have given me ground enough The question is not now what Liberty you have in disposing of matters handled in your House but rather at this time what is fit to be done Wherefore I hope you will follow my example in eschewing Disputations and fall to your important business You make a Protestation of your affection and zeal to my Prerogative grounded upon such good and just Reasons that I must believe you But I look that you use me with the like charity to believe what I have declared more then once since your meeting with us that I am as forward as you for the preservation of your true Liberties Let us not spend so much time in this that may hazard both my Prerogative and your Liberties to our enemies To be short go on speedily with your businesses without any more Apologies for time calls fast on you which will neither stay for you nor me Wherefore it is my duty to hasten as knowing the necessity of it and yours to give credit to what I say as to him that sits at the Helm For what concerns your Petition I shall make answer in a convenient time FRom this time to the 25th of the same Moneth the House in a grand Committee spent most of their time in Debate about Martial Law and part thereof in giving the Lords a meeting at two Conferences concerning some Resolves in order to a Petition of Right transmitted by the Commons to their Lordships at which time Sir Robert Heath and Serjeant Ashley the Kings Councel were permitted to argue against the same and Serjeant Ashley in his discourse said The Propositions made by the Commons tended rather to an Anarchy then a Monarchy 2. That if they be yielded unto it is to put a Sword into the Kings hand with one hand and to take it out with the other 3. That they must allow the King to govern by Acts of State otherwise he is a King without a Councel or a Councel without a Power 4. That the question is too high to be determined by Law where the Conqueror or conquered will suffer irreparable loss For which expressions the Lords called the Serjeant to an account and committed him to custody and afterwards he recanted what he said Friday 25 of April The Lords had a Conference with the Commons where the Lord Archbishop of Canterbury spake as followeth Gentlemen of the House of Commons THe Service of the King and safety of the Kingdom do call on my Lords to give all speedy expedition to dispatch some of these great and weighty Businesses before us 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 powers to maintain and support the fundamental Laws of the Kingdom and the fundamental Liberties of the Subject For the particulars which may hereafter fall into Debate they have given me in charge to let you know That what hath been presented by you unto their Lordships they have laid nothing of it by they are not out of love with any thing that you have tendred unto them They have Voted nothing neither are they in love with any thing proceeding from themselves For that which we shall say and propose is out of an intendment to invite you to a mutual and free Conference that you with a confidence may come to us and we with confidence may speak with you so that we may come to a conclusion of those things which we both unanimously desire We have resolved of nothing designed or determined of nothing but desire to take you with us praying help from you as you have done from us My Lords have thought of some Proposions 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 would be pleased to put out adde alter or diminish as you shall think fit that so we may come the better to the end that we do both so desirously embrace Then the Propositions following were read by the Clerk of the upper House THat his Majesty would be pleased graciously to Declare That the good old Law called Magna Charta and the six Statutes conceived to be Declarations and Explanations of that Law do still stand in force to all intents and purposes 2. That his Majesty would be pleased graciously to Declare That according to Magna Charta and the Statutes afore named as also according to the most ancient Customs 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 graciously pleased to Declare That it is his Royal pleasure to ratifie and confirm unto all and every his Loyal and faithful Subjects all their ancient several just Liberties Priviledges and Rights in as ample and beneficial maner to all intents and purposes as their Ancestors did enjoy the same under the best of his most noble Progenitors 4. That his Majesty would be further pleased graciously to Declare for the good content of his loyal Subjects and for the securing of them from future fear That in all Cases within the Cognizances of the Common Law concerning the liberties of the Subject his Majesty would proceed according to the Common Law of this Land and according to the Laws established in the Kingdom and in no other maner or wise 5. As touching his Majesties Royal Prerogative intrinsical to his Soveraignty and betrusted him withal from God ad communem totius populi salutem non ad destructionem that 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 or 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 this Kingdom his Majesty shall finde just cause for reason of State to imprison or restrain any mans Person his Majesty would graciously Declare That within a convenient time he shall and will express the cause of the commitment or restraint either General or Special and upon a cause so expressed will leave him immediately to be tryed according to the common Justice of the Kingdom After the reading of the Propositions the Archbishop said THis is but a Model to be added unto altered or diminished as in your reasons and wisdoms ye shall think fit after ye
have communicated the same to the rest of the Members of the House To this Speech Sir Dudley Diggs it being at a free Conference made Reply MY Lords it hath pleased God many ways to bless the Knights Citizens and Burgesses now assembled in Parliament with great comfort 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 our special comforts and strong hopes have risen from the continued good respect which your Lordships so nobly from time to time have been pleased to shew unto them particularly at this present in your so honorable profession to agree with them in general and desiring to maintain and support the fundamental Laws and Liberties of England The Commons have commanded me in like sort to assure your Lordships they have been are and will be as ready to propugne the just Prerogative of his Majesty of which in all their Arguments searches of Records and Resolutions they have been most careful according to that which formerly was and now again is protested by them Another noble Argument of your honorable disposition towards them is expressed in this That you are pleased to expect no present answer from them who are as your Lordships in your great 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 Order of their House But it 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 good Harmony that I intreat your Lordships leave to borrow a Comparison from Nature or natural Philosophy As two Lutes well strung and tuned brought together if one be played on little straws and sticks will stir upon the other though it lye still so though we have no power to reply yet these things said and propounded 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 contentful Answer The Commons were not satisfied with these Propositions which were conceived to choak the Petition of Right then under consideration but demurred upon them Monday 28 April The Lord Keeper spake to both Houses of Parliament by the Kings command who was then present MY Lords and ye the Knights Citizens and Burgesses of the House of Commons ye cannot but remember the great and important Affairs concerning the safety both of the State and Religion declared at first from his Majesties own mouth to be the causes of the Assembling of this Parliament the sense whereof as it doth daily increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger increaseth every day both by effluxion of time and preparations of the Enemy Yet his Majesty doth well weigh that this expence of time hath been occasioned by the Debate which hath arisen in both Houses touching the Liberty of the Subject in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and frequently professed that they would not diminish or blemish his just Prerogative so he presumes that ye will all confess it a point of extraordinary Grace and Justice in him to suffer it to rest so long in dispute without interruption but now his Majesty considering the length of time which it hath taken and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious and foreseeing that the ordinary way of Debate though never so carefully husbanded in regard of the Form of both Houses necessarily takes more time then the Affairs of Christendom can permit his Majesty out of his great Princely care hath thought of this expedient to shorten the business by declaring the clearness of his own heart and intention And therefore hath commanded me to let you know That he holdeth the Statute of Magna Charta and the other Six Statutes insisted upon for the Subjects Liberty to be all in force and assures you that he will maintain all his Subjects in the just Freedom of their Persons and safety of their Estates And that he will govern according to the Laws and Statutes of this Realm And that ye shall finde as much security in his Majesties Royal Word and Promise as in the strength of any Law ye can make so that hereafter ye shall never have cause to complain The conclusion is That his Majesty prayeth God who hath hitherto blessed this Kingdom and put into his heart to come to you this day to make the success thereof happy both to King and People And therefore he desires that no doubt or distrust may possess any man but that ye will all proceed unanimously to the business The Commons being returned from the Lords House Mr. Secretary Cook perswaded them to comply with the King His Majesty said he puts us in minde of the great important Affairs of the State and of his sense thereof that by effluxion of time increaseth in him and he doubts not but that it doth increase in us Ye see his Majesties moderation in the interpretation of all our actions he saith that he hopes we have the same sense he hath he is pleased to consider of the occasion of expence of time that grew from the Debates in both Houses We see how indulgent he is that however the Affairs of Christendom are great yet he omits not this nay he takes in good part our Proceedings and our Declarations that we will not Impeach the Prerogative Also his Majesty presumes that we will confess that he hath used extraordinary Grace in that he hath indured dispute so long he acknowledgeth it Justice to stand as we have done Further out of a Princely care of the Publique he is careful no more time be lost and because he sees some extraordinary course to be taken to satisfie us he observes that in the Form of Debate such length is required as the nature of the business will not indure It is to be presumed that his Government will be according to the Law We cannot but remember what his Father said He is no King but a Tyrant that governs not by Law But this Kingdom is to be governed by the Common Law and his Majesty assures us so much the Interpretation is left to the Judges and to his great Council and all is to be regulated by the Common Law I mean not Magna Charta onely for that Magna Charta was part of the Common Law and the ancient Law of this Kingdom all our difference is in the Application of this Law and how this Law with difference is derived into every Court I conceive there are two Rules the one of Brass that is rigid and will not bend and that is the Law
we may assure our selves of the performance of it Besides we binde his Majesty by relying on his word we have Laws enough it is the execution of them that is our life and it is the King that gives life and execution Sir Thomas Wentworth concluded the Debate saying That never House of Parliament trusted more in the goodness of their King for their own private then the present but we are ambitious that his Majesties goodness may remain to posterity and we are accomptable to a publique trust and therefore seeing there hath been a publique violation of the Laws by his Ministers nothing will satisfie him but a publique mends and our desire to vindicate the Subjects Rights by Bill are no more then are laid down in former Laws with some modest Provision for Instruction Performance and Execution Which so well agreed with the Sense of the House that they made it the subject of a Message to be delivered by the Speaker to his Majesty AMidst those deliberations another Message was delivered from his Majesty by Mr. Secretary Cook That howsoever we proceed in this business we have in hand which his Majesty will not doubt but to be according to our constant professions and so as he may have cause to give us thanks yet his resolution is that both his Royal care and hearty and tender affection towards all his loving Subjects shall appear to the whole Kingdom and all the World that he will govern us according to the Laws and Customs of this Realm that he will maintain us in the Liberties of our Persons and Proprieties of our Goods so as we may enjoy as much happiness as our forefathers in their best times and that he will rectifie what hath been or may be found amiss amongst us so that hereafter there may be no just cause to complain Wherein as his Majesty will rank himself amongst the best of our Kings and shew he hath no intention to invade or impeach our lawful Liberties or Right so he will have us to match our selves with the best Subjects not by incroaching upon that Soveraignty or Prerogative which God hath put into his hands for our good but by containing our selves within the Bounds and Laws of our forefathers without restraining them or inlarging them by new Explanations Interpretations Expositions or Additions in any sort which he telleth us he will not give way unto That the weight of the Affairs of the Kingdom and Christendom do press him more and more and that the time is now grown to that point of maturity that it cannot endure long debate or delay so as this Session of Parliament must continue no longer then Tuesday come sevennight at the furthest In which time his Majesty for his part will be ready to perform what he promised and if the House be not as ready to do that is fit for themselves it shall be their own faults And upon assurance of our good dispatch and correspondence his Majesty declareth That his Royal intention is to have another Session of Parliament at Michaelmass next for the perfecting of such things as cannot now be done This Message was debated the next day being Saturday May 30. whereupon Sir Iohn Elliot spake to this effect The King saith he will rank himself with the best of Kings and therefore he would have us to rank our selves with the best Subjects we will not incroach upon that Soveraignty that God hath put into his hands This makes me fear his Majesty is misinformed in what we go about let us make some inlargement and put it before him that we will not make any thing new as for the time of this Session it is but short and look how many Messages we have so many interruptions and mis-reports and mis-representations to his Majesty produce those Messages Sir Miles Fleetwood continues the Debate and said That this business is of great importance we are to accommodate this The breach of this Parliament will be the greatest misery that ever befell us the eyes of Christendom are upon this Parliament the state of all our Protestant friends are ready to be swallowed up by the Emperors Forces and our own Kingdom is in a miserable straight for the defence of our Religion that is invaded by the Romish Catholicks by the colour of a Commission which is intolerable the defence of our Realm by Shipping is decayed the Kings Revenue is sold and gone where shall the relief be obtained but in Parliament Now we are in the way let us proceed by way of Bill in pursuance of the Kings Message to establish the Fundamental Laws in Propriety of our Goods and Liberty of our Persons It was declared to us that courses by Loan and Imprisonment were not lawful let us touch them in our Bill and that all Precedents and Judgements seeming to the contrary be void and that all Commitments against the Law be remedied and that we be protected against the fear of Commitments In conclusion the Commons agree to an Answer to all the preceding Messages and present it to the King by the mouth of their Speaker The Speakers Speech to the King in Answer to several Messages Most Gracious and Dread Soveraign YOur Loyal and Obedient Subjects the Commons now Assembled in Parliament by several Messages from your Majesty and especially by that your Declaration delivered by the Lord Keeper before both Houses have to their exceeding joy and comfort received many ample expressions of your Princely care and tender affections towards them with a gracious promise and assurance that your Majesty will govern according to the Laws of this Realm and so maintain all your Subjects in the just Freedom of their Persons and Safety of their Estates that all their Rights and Liberties may be by them enjoyed with as much freedom and security in their time as in any age heretofore by their Ancestors under the best of your Progenitors For this so great a favor enlarged by a comfortable intimation of your Majesties confidence in the proceedings of this House they do by me their Speaker make as full return of most humble thanks to your Majesty with all dutiful acknowledgement of your Grace and Goodness herein extended unto them And whereas in one of those Messages delivered from your Majesty there was an expression of your desire to know whether this House would rest upon your Royal Word and Promise assuring them that if they would it should be royally and really performed As they again present their humble thanks for the seconding and strengthning of your former Royal expressions so in all humbleness they assure your Majesty that their greatest confiâ—â—â—ce is and ever must be in your Grace and Goodness without which they well know nothing that they can frame or desire will be of safety or value to them Therefore are all humble Suiters to your Majesty That your Royal heart will graciously accept and believe the truth of theirs which they humbly present as
alledged must be such as may be determined by our Iudges of our Courts of Westminster in a Legal and ordinary way of Iustice whereas the Causes may be such as those Iudges have not capacity of Iudicature nor Rules of Law to direct and guide their Iudgement in cases of that transcendent nature which hapning so often the very incroaching on that constant Rule of Government for so many ages within this Kingdom practised would soon dissolve the very Foundation and Frame of our Monarchy Wherefore as to our Commons we made fair Propositions which might equally preserve the just Liberty of the Subject so my Lords we have thought good to let you know that without the overthrow of Soveraignty we cannot suffer this Power to be impeached notwithstanding to clear our conscience and just intentions this we publish That it is not in our heart nor will we ever extend our Royal Power lent unto us from God beyond the just rule of Moderation in any thing which shall be contrary to our Laws and Customs wherein the safety of our People shall be our onely aim And we do hereby Declare our Royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain That neither we nor our Privy Council shall or will at any time hereafter commit or command to Prison or otherwise restrain the persons of any for not lending Money to us nor for any cause which in our conscience doth not concern the publique good and safety of us and our people we will not be drawn to pretend any cause wherein our judgement and conscience is not satisfied with base thoughts we hope no man can imagine will fall into our Royal breast and that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or address of our Iudges unto us readily and really express the true cause of their Commitment or Restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed and that in all Causes Criminal of ordinary Iurisdiction our Iudges shall proceed to the Deliverance or Bailment of the Prisoner according to the known and ordinary Rules of the Laws of this Land and according to the Statute of Magna Charta and those other Six Statutes insisted upon which we do take knowledge stand in full force and which we intend not to abrogate and weaken against the true intention thereof This we have thought fit to signifie the rather to shorten any long Debate upon this great question the season of the year being so far advanced and our great Occasions of State not lending many more days for longer continuance of this Session of Parliament Given under our Signet at our Palace at Westminster 20º Maii the Fourth year of our Reign The same day the Kings Letter was communicated to the House of Commons they laid it aside and Sir Thomas Wentworth said it was a Letter of Grace but the people will onely like of that which is done in a Parliamentary way besides the Debate of it would spend much time neither was it directed to the House of Commons and the Petition of Right would clear all mistakes For said he some give out as if the House went about to pinch the Kings Prerogative But the further Debate of this matter took up several days May 17. the Lords propounded at a Conference an Addition to be made to the Petition of Right which was delivered by the Lord Keeper to this purpose THat whereas at the late Conference of both Houses there were some things propounded that came from their Lordships out of a desire the Petition might have the easier passage with his Majesty not intending to violate in any maner the substance of the Petition but it was then thought fit that there was another part of the Petition of as great importance and weight My Lords since the time of that Conference have imployed themselves wholly to reduce the Petition to such a frame and order that may give both to you and them hope of acceptance And after many deliberations and much advice taken my Lords have resolved to represent to you something which they have thought upon yet not as a thing conclusive to them or you and according to their desires having mentioned it in the beginning have held it fit to conclude of nothing till that you be made acquainted with it and that there may be a mature advisement between you and them so that there may be the happier conclusion in all their business This being the determination of the Lords that nothing that is now offered unto you should be conclusive yet they thought it convenient to present it unto you This alteration and not alteration but addition which they shall propound unto you to be advised and conferred upon which is no breach of the frame they think it meet if it shall stand with your liking to be put in the conclusion of the Petition which I shall now read unto you WE present this our humble Petition to your Majesty with the care not onely of preserving our own Liberties but with due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of the People This is the thing the Lords do present unto you this subject of this Conference concerning the adding of this in the conclusion of the Petition and that they know that this is new and that you cannot presently give an answer to it therefore they desire that you do with some speed consider of it and their Lordships will be ready this afternoon This Addition produced several Speeches LEt us look said he into the Records and see what they are what is Soveraign Power Bodin saith That it is free from any Condition by this we shall acknowledge a Regal as well as a Legal Power Let us give that to the King that the Law gives him and no more I Am not able to speak to this question I know not what it is All our Petition is for the Laws of England and this Power seems to be another distinct Power from the Power of the Law I know how to adde Soveraign to his Person but not to his Power Also we cannot leave to him Soveraign Power we never were possessed of it WE cannot admit of those words with safety they are applicable to all the parts of our Petition It is in the nature of a Saving and by it we shall imply as if we had incroached on his Prerogative all the Laws we cite are without a Saving and yet now after the violation of them we must adde a Saving Also I have seen divers Petitions and where the Subject claimed a Right there I never saw a Saving of this nature THis is Magnum in parvo this is propounded to be a conclusion of our Petition It is a matter of great weight and to speak plainly it
it is declared and enacted That no man shall be forejudged 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 either by the Customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late 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 Iustice of Martial Law against such Soldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanor 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 tryal 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 no other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn 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 wholly and 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 Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or he confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such maner as is before mentioned be imprisoned or detained And that your Majesty will be pleased to remove the said Soldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and proceedings to the prejudice of your People in any of the Premises shall not be drawn hereafter into Consequence or Example And that your Majesty would be also graciously pleased 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 Honor of your Majesty and the prosperity of this Kingdom Which Petition being read the 2 of June 2628. The Kings Answer was thus delivered unto it The King willeth that Right be done according to the Laws and Customs of the Realm And that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative On Tuesday June 3. the King's Answer was read in the House of Commons and seemed too scant in regard of so much expence of time and labour as had been imployed in contriving the petition Whereupon Sir Iohn Elliot stood up and made a long Speech wherein he gave forth so full and lively representation of all Grievances both general and particular as if they had never before been mentioned HE reduced the Cause of all our evils to Five heads Our insincerity and doubling in Religion which he exemplified by the freedome and increase of Papists by the composition with them in the North the slightness of those payments and the easiness in them by the hopes presumptions and reports of all the Papists generally by the disposition of Commanders the trust of Officers the confidence of secrecies of employments in this Kingdom in Ireland and elsewhere 2. Our want of Councel which sacrificed our honour and our men sent to the Palatinate stopping those greater supplies appointed for that Service by which it might have been made defensible this gave direction to that late expedition to Ree whose wounds are yet bleeding by means whereof the Protestants of France and their King by a necessary consequence are divided and that Countrey so prepared against us that we have nothing to promise our neighbours hardly for our selves insomuch as by the issue and success it may rather be thought a conception of Spain then begotten here by us 3. The insufficiency and unfaithfulness of our Generals Witness first the expedition to Cales where we arrived and found a Conquest ready viz. the Spanish ships fit for the satisfaction of a voyageâ— either in point of honour or in point of profit why was it neglected why was it not atchieved it being granted on all hands feasible when the whole Army landed why was there nothing attempted if nothing were intended wherefore did they land if there were a service why were they shipt again Witness secondly that to Ree where the whole action was carried against the judgement and opinion of the Officers viz. those that were of the Councel was not the first was not the last was not all at land in the intrenching in the continuance there in the assault in the retreat without their assent to say nothing of leaving the Wines and the Salt which were in our possession and of a value as they say to answer much of our expence nor of that wonder which no Alexander or Caesar ever did know the enriching of an enemy by curtesies when the Souldiers want help nor of the private entercourses and parlies with the Fort which continually were held what they intended may be
read in the success 3. Witness the last voyage to Rotchel which needs no observation and is fresh in memory 4. Head is the ignorance and corruption of our Ministers Survey the Court survey the Countrey the Church the City the Bar the Bench the Courts the Shipping the Land the Seas all will yield variety of proofs The Exchequer is empty the reputation thereof gone the ancient Lands are sold the Jewels pawn'd the Plate ingaged the debt still great almost all charges both extraordinary and ordinary by Projects 5. The oppression of the Subject it needs no demonstration the whole Kingdom is a proof and that oppression speaks the exhausting of our treasures what waste of our Provisions what consumption of our Ships what destruction of our men have been witness the voyage to Algier witness that of Mansfield witness that to Cales witness the next witness that to Ree witness the last witness the Palatinate witness the Turks witness the Dunkirks witness all we were never so much weakned nor had less hopes how to be restored These Mr. Speaker are our dangers these are they do threaten us and those are like that Trojan Horse brought in cunningly to surprize us in these do lurk the strongest of our enemies ready to issue on us and if we do not now the more speedily expel them these are the sign the invitation to others These will prepare their entrance that we shall have no 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 ancient English vertue that old Spartan valor cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficiency 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 ancient English vertue thus rectified 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 truly 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 safety 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 Sir 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 IT seemed to others not sutable to the wisdom of the House in that conjuncture to begin to recapitulate those misfortunes which were now obvious to all accounting it more discretion not to look back but forward and since the King was so near to meet him that the happiness expected might not be lost and these were for petitioning his Majesty for a fuller Answer IT was intimated by Sir Henry Martin that this Speech of Sir Iohn Elliot was suggested from disaffection to his Majesty and there wanted not some who said it was made out of some distrust of his Majesties Answer to the Petition but Sir Iohn Elliot protested the contrary and that himself and others had a resolution to open these last mentioned Grievances to satisfie his Majesty therein onely they stayed for an opportunity Which averment of Sir Iohn Elliots was attested by Sir Thomas Wentworth and Sir Robert Phillips WHilst Sir Iohn Elliot was speaking an interruption was made by Sir Humphrey May expressing a dislike but he was commanded by the Commons to go on and being afterward questioned for a Passage in that Speech viz. That some actions seemed to be but conceptions of Spain he explained himself That in respect of the affairs of Denmark the ingagement of that unfortunate accident of Ree he conceived was a conception of Spain rather then to have any motion from our Councel here IN this Debate Sir Edward Cook propounded That an humble Remonstrance be presented to his Majesty touching the dangers and means of safety of King and Kingdom which Resolution was taken by the House and thereupon they turned themselves into a Grand Committee and the Committee for the Bill of Subsidies was ordered to expedite the said Remonstrance A Message was brought from the King by the Speaker THat his Majesty having upon the Petition exhibited by both Houses given an Answer full of Justice and Grace for which we and our posterity have just cause to bless his Majesty it is now time to grow to a conclusion of a Session and therefore his Majesty thinks fit to let you know That as he doth resolve to abide by that Answer without further change or alteration so he will Royally and Really perform unto you what he hath thereby promised and further That he resolves to end this Session upon Wednesday the 11 of this Moneth and therefore wisheth that the House will seriously attend these businesses which may best bring the Session to a happy conclusion without entertaining new matters and so husband the time that his Majesty may with the more comfort bring us speedily together again at which time if there be any further Grievances not contained or expressed in the Petition they may be more maturely considered then the time will now permit After the reading of this Message the House proceeded with a Declaration against Doctor Manwaring which was the same day presented to the Lords at a Conference betwixt the Committees of both Houses of Parliament and Mr. Pimm was appointed by the House of Commons to manage that Conference The Declaration of the Commons against Dr. Manwaring Clerke and Doctor in Divinity FOr the more effectual prevention of the apparent ruine and destruction of this Kingdom which must necessarily ensue if the good and fundamental Laws and Customs therein established should be brought into contempt and violated and that form of Government thereby altered by which it hath been so long maintained in peace and happiness and to the Honor of our soveraign Lord the King and for the preservation of his Crown and Dignity The Commons in this present Parliament assembled do by this their
Bill shew and declare against Roger Manwaring Clerk Dr. in Divinity That whereas by the Laws and Statutes of this Realm the free Subiects of England do undoubtedly inherit this Right and Liberty not to be compelled to contribute any Tax Tollage Aid or to make any Loans not set or imposed by common consent by Act of Parliament And divers of his Majesties loving Subjects relying upon the said Laws and Customes did in all humility refuse to lend such sums of Moneys without Authority of Parliament as were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrarâ— to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is to say the fourth day of July last one of the said Sermons and upon the 29. day of the same Moneth the other of the said Sermons both which Sermons he hath since published in print in a Book intituled Religion and Allegiance and with a wicked and malitious intention to seduce and misguide the Conscience of the Kings most excellent Majesty touching the observation of the Laws and Customes of this Kingdom and of the Rights and Liberties of the Subjects to incense his Royal displeasure against his good Subjects so refusing to scandalize subvert and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to alienate his Royal heart from his People and to cause jealousies sedition and division in the Kingdom He the said Roger Manwaring doth in the said Sermons and Book perswade the Kings most excellent Majesty First that his Majesty is not bound to keep and observe the good Laws and Customes of this Realm concerning the Rights and Liberties of the Subjects aforementioned And that his Royal Will and Command in imposing Loans Taxes and other Aids upon his people without common consent in Parliament doth so far binde the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of eternal damnation Secondly that those of his Majesties loving Subjects which refused the Loan aforementioned in such manner as is before recited did therein offend against the Law of God against his Majesties Supreme Authority and by so doing became guilty of Impiety Dissoialty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several parts of his Book doth most falsly and malitiously lay upon them Thirdly that authority of Parliaments is not necessary for the raising of Aids and Subsidies that the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State but rather apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and Book but likewise by several Clauses Assertions and Sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and Book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the Consciences of all his Servants and chiefly of Soveraign Princes and Magistrates and for the maintenance of the peace and concord betwixt all men especially betwixt the King and his People and hath thereby most grievously offended against the Crown and Dignity of his Majesty and against the Prosperity and good Government of this State and Common-wealth And the said Commons by protestation saving to themselves the Liberty of exhibiting at any time hereafter any other occasion or impeachment against the said Roger Manwaring and also of replying to the answers which he the said Roger shall make unto any of the matters contained in this present Bill of Complaint and of offering further proof of the premises or of any of them as the Cause according to the Course of Parliament shall require do pray that the said Roger Manwaring may be put to answer to all and every the premises and that such proceeding examination trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Iustice. This Declaration ingrossed in Parliament being read Mr. Pym addressed himself to the Lords in this manner THat he should speak to this Cause with more confidence because he saw nothing out of himself that might discourage him If he considered the matter the Offences were of an high nature of easie proof if he considered their Lordships who were the Judges of their own interest their own honour the example of their Ancestors the care of their Posterity would all be Advocates with him in this Cause on the behalf of the Commonwealth if he considered the King our Soveraign the pretence of whose Service and Prerogative might perchance be sought unto as a Defence and Shelter for this Delinquent he could not but remember that part of his Majesties Answer to the Petition of Right of both Houses that he held himself bound in conscience to preserve those Liberties which this man would perswade him to impeach He said further that he could not but remember his Majesties love to Piety and Justice manifested upon all occasions and he knew love to be the root and spring of all other passions and affections A man therefore hates because he sees somewhat in that which he hates contrary to that which he loves a man therefore is angry because he sees somewhat in that wherewith 〈◊〉 â—ngry that gives impediment and interruption to the accomplishment of that which he loves If this be so by the same act of his Apprehension by which he believes his Majesties love to Piety and Justice he must needs believe his hate and detestation of this man who went about to withdraw him from the exercise of both Then he proceeded to that which he said was the Task enjoyned him to make good every Clause of that which had been read unto them which that he might the more clearly perform he prepounded to observe that order of parts unto which the said Declaration was naturally dissolved 1. Of the Preamble 2. The Body of the Charge 3. The Conclusion or Prayer of the Commons The preamble consisted altogether of recital first of the Inducements upon which the Commons undertook this complaint The second of those Laws and Liberties against which the offence was committed The third of the violation of those Laws which have relation to that offence From the connexion of all those recitals he said there did result three Positions which he was to maintain as the ground-work and foundation of the whole Cause The first that the form of Government in any State could not be altered without apparent danger of ruine to that State The second the Law of England whereby the Subjects was exempted from Taxes and Loans not granted by common consent of Parliament was not introduced by any Statute or by any Charter or Sanction of Princes but was
the Antient and Fundamental Law issuing from the first frame and constitution of the Kingdom The third that this Liberty of the Subject is not onely most convenient and profitable for the People but most honourable most necessary for the King yea in that point of supply for which it was endeavored to be broken The form of Government is that which doth actuate and dispose every part and member of a State to the common good and as those parts give strength and ornament to the whole so they receive from it again strength and protection in their several stations and degrees If this mutual relation and intercourse be broken the whole frame will quickly be dissolved and fall in pieces and in stead of this concord and interchange of support whilest one part seeks to uphold the old form of Government and the other part to introduce a new they will miserably consume and devour one another Histories are full of the calamities of whole States and Nations in such cases It is true that time must needs bring some alterations and every alteration is a step and degree towards a dissolution those things onely are eternal which are constant and uniform Therefore it is observed by the best Writers upon this Subject that those Commonwealths have been most durable and perpetual which have often reformed and recomposed themselves according to their first Institution and Ordinance for by this means they repair the breaches and counterwork the ordinary and natural effect of time The second question is as manifest there are plain footsteps of those Laws in â—he Government of the Saxons they were of that vigor and force as to overlive the Conquest nay to give bounds and limits to the Conqueror whose victory gave him first hope but the assurance and possession of the Crown he obtained by composition in which he bound himself to observe these and the other antient Laws and Liberties of the Kingdom which afterwards he likewise confirmed by oath at his Coronation from him the said Obligation descended to his Successors It is true they have been often broken they have been often confirmed by Charters of Kings by Acts of Parliaments but the Petitions of the Subjects upon which those Charters and Acts were founded were ever Petitions of Right demanding their antient and due Liberties not suing for any new To clear the third Position he said may seem to some men more a Paradox That those Liberties of the Subject should be so honorable so profitable for the King and most necessary for the supply of his Majesty It hath been upon another occasion declared that if those Liberties were taken away there should remain no more industry no more justice no more courage who will contend who will endanger himself for that which is not his own But he said he would not insist upon any of those points nor yet upon other very important he said that if those Liberties were taken away there would remain no means for the Subjects by any act of Bounty or Benevolence to ingratiate themselves to their Soveragn And he desired their Lordships to remember what profitable Prerogatives the Laws had appointed for the support of Soveraignty as Wardships Treasures trove Felons-goods Fines Amercements and other Issues of Courts Wrecks Escheats and many more too long to be enumerated which for the most part are now by Charters and Grants of several Princes dispersed into the hands of private Persons and that besides the antient Demeasnes of the Crown of England William the Conqueror did annex for the better maintenance of his Estate great proportions of those Lands which were confiscate from those English which persisted to withstand him and of these very few remain at this day in the Kings possession And that since that time the revenue of the Crown had been supplied and augmented by Attainders and other Casualties in the age of our Fathers by the dissolution of Monasteries and Chantries neer a third part of the whole Land being come into the Kings possession He remembred further that constant and profitable Grant of the Subjects in the Act of Tonnage and Poundage And all these he said were so alienated anticipated overcharged with annuities and assignments that no means were left for the pressing and important occasions of this time but the voluntary and free gift of the Subjects in Parliament The hearts of the People and their bounty in Parliament is the onely constant Treasure and Revenue of the Crown which cannot be exhausted alienated anticipated or otherwise charged and incumbred In his entrance into the second part he propounded these Steps by which he meant to proceed 1. To shew the state of the Cause as it stood both in the Charge and in the Proof that so their Lordships might the better compare them both together 2. To take away the pretences of mitigations and limitations of his Opinions which the Doctor had provided for his own defence 3. To observe those circumstances of Aggravation which might properly be annexed to his Charge 4. To propound some Precedents of former times wherein though he could not match the offence now in question for he thought the like before had never been committed yet he should produce such as should sufficiently declare how forward our Ancestors would have been in the prosecution and condemning of such offences if they had been then committed The Offence was prescribed in a double maner First by the general scope and intention and by the matter and particulars of the Fact whereby that intention was expressed In the description of the intention he observed six Points every one of which was a Character of extreme malice and wickedness 1. His attempt to misguide and seduce the Conscience of the King 2. To incense his Royal Displeasure against his Subjects 3. To scandalize impeach and subvert the good Laws and Government of the Kingdom and Authority of Parliaments 4. To avert his Majesties minde from calling of Parliaments 5. To alienate his royal Heart from his People 6. To cause Jealousies Sedition and Division in the Kingdom Of these particulars he said he would forbear to speak further till he should come to those parts of the Fact to which they were most properly to be applied The Materials of the Charge were contrived into three distinct Articles the first of these comprehended two Clauses 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the right and liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common consent in Parliament 2. That his Majesties Will and Command in imposing any Charges upon his Subjects without such consent doth so far bind them in their Consciences that they cannot refuse the same without peril of eternal damnation Two kinds of Proof were produced upon this Article The first was from some assertions of the Doctors concerning the power of Kings in general but by necessary consequence
to be applied to the King of England The next kinde of Proof was from his Censures and determinations upon the particular Case of the late Loan which by necessity and parity of reason were likewise applicable to all Cases of the like nature And lest by frailty of memory he might mistake the words or invert the sense he desired leave to resort to his Paper wherein the places were carefully extracted out of the Book it self And then he read each particular Clause by it self pointing to the Page for proof which we here forbear to mention referring the Reader to the Book it self Then he proceeded and said That from this evidence of the Fact doth issue a clear evidence of his wicked intention to misguide and seduce the Kings Conscience touching the observation of the Laws and Liberties of the Kingdom to scandalize and impeach the good Laws and Government of the Realm and the Authority of Parliaments which are two of those Characters of malice which he formerly noted and now inforced thus If to give the King ill Counsel in some one particular Action hath heretofore been heavily punished in this high Court how much more hainous must it needs be thought by ill Counsel to pervert and seduce his Majesties Conscience which is the soveraign Principle of all moral Actions from which they are to receive warrant for their direction before they be acted and Judgement for their reformation afterwards If Scandalum magnatum Slander and Infamy cast upon great Lords and Officers of the Kingdom have been always most severely censured how much more tender ought we to be of that Slander and Infamy which is here cast upon the Laws and Government from whence is derived all the Honor and Reverence which is due to those great Lords and Magistrates All men and so the greatest and highest Magistrates are subject to passions and partialities whereby they may be transported into overhard injurious Courses Which Considerations may sometimes excuse though never justifie the railing and evil speeches of men who have been so provoked it being a true rule That whatsoever gives strength and inforcement to the temptation in any sin doth necessarily imply an abatement and diminution of guilt in that sin But to slander and disgrace the Laws and Government is without possibility of any such excuse it being a simple act of a malignant Will not induced nor excited by any outward provocation the Laws carrying an equal and constant respect to all ought to be reverenced equally by all And thus he derived the Proofs and Inforcements upon the first Article of the Charge The second Article he said contained three Clauses 1. That these refusers had offended against the Law of God 2. Against the supreme Authority 3. By so doing were become guilty of Impiety Disloyalty Rebellion Disobedience and lyable to many other Taxes For proof of all these he said he needed no other evidence then what might be easily drawn from those places which he had read already for what impiety can be greater then to contemn the Law of God and to prefer humane Laws before it what greater disloyalty rebellion and disobedience then to depress supreme Authority to tye the hands and clip the wings of Soveraign Princes Yet he desired their Lordships patience in hearing some few other places wherein the Stains and Taint which the Doctor endeavored to lay upon the Refusers might appear by the odiousness of their comparisons in which he doth labor to rank them The first Comparison is with Popish Recusants yet he makes them the worst of the two and for the better resemblance gives them a new name of Temporal Recusants For this he alledgeth the 1. Sermon Page 31 32. and part of the fifth Consideration by which he would perswade them to yield to this Loan Fifthly If they would consider what advantage this their Recusancy in Temporals gives to the common adversary who for disobedience in Spirituals have hitherto alone inherited that name for that which we our selves condemn in them for so doing and profess to hate that Religion which teacheth them so to do that is to refuse subjection unto Princes in Spirituals the same if not worse some of our side now if ours they be dare to practise We must needs be argued of less Conscience and more Ingratitude both to God and the King if in Temporal things we obey not They in Spirituals deny subjection wherein they may perhaps frame unto themselves some reasons of probability that their offence is not so hainous if we in Temporals shall be so refractory what colour of reason can we possibly finde to make our defence withal without the utter shaming of our selves and laying a stain which cannot easily be washed out upon that Religion which his Majesty doth so graciously maintain and our selves profess The second Comparison is with Turks and Jews in the 2. Sermon Page 47. What a Paradox is c. What a Turk will do for a Christian and a Christian for a Turk and a Jew for both c. the same and much less Christian men should deny to a Christian King The third Comparison is with Corah Dathan and Abiram Theudas and Iudas which is taken out of the second Sermon Page 49. where he labors to deprive those refusers of all merit in their sufferings for this Cause Corah Dothan and Abiram whom for their murmurings God suddenly sunk into Hell fire might as well alledge their sufferings had some resemblance with that of the three Children in the Babylonian Furnace and Theudas and Iudas the two Incendiaries of the people in the days of Caesars tribute might as well pretend their Cause to be like the Maccabees Thus he ended the second Article of the Charge upon which he said were imprinted other two of these six Characters of malice formerly vented That is a wicked intention to increase his Majesties displeasure against his good Subjects so refusing and to alienate his heart from the rest of his People Both which were Points so odious that he needed not to adde any further inforcement or illustration The third Article conteined three Clauses 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry Impediments to the just designs of Princes and to give them occasion of displeasure and discontent For proof of all which he alledged two places conteining the two first of those six Considerations which are propounded by the Doctor to induce the refusers to yield to the Loan in the first Sermon Page 26 27. First if they would please to consider that though such Assemblies as are the highest and greatest Representations of a Kingdom be most Sacred and Honorable and Necessary also to those ends to which they were at first instituted yet know we must that ordained they were not to this end to
contribute any Right to Kings whereby to challenge tributary Aids and Subsidiary helps but for the more equal imposing and more easie exacting of that which unto Kings doth appertain by natural and original Law and Justice as their proper inheritance annexed to their Imperial Crowns from their Birth And therefore if by a Magistrate that is Supreme if upon necessity extreme and urgent such subsidiary helps be required a proportion being held respectively to the ability of the persons charged and the sum and quantity so required surmount not too remarkably the use and charge for which it was levyed very hard would it be for any man in the World that should not accordingly satisfie such demands to defend his conscience from that heavy prejudice of resisting the Ordinance of God and receiving to himself damnation though every of those circumstances be not observed which by the municipal Law is required Secondly if they would consider the importunities that often may be urgent and pressing necessaries of State that cannot stay without certain and apparent danger for the motion and revolution of so great and vast a Body as such Assemblies are nor yet abide their long and pausing deliberation when they are assembled nor stand upon the answering of those jealous and over-wary Cautions and Objections made by some who wedded overmuch to the love of epidemical and popular Errors and bent to cross the most just and lawful designs of their wise and gratious Soveraign and that under the plausible shews of singular liberty and freedom which if their Conscience might speak would appear nothing more then the satisfying either of private humors passions or purposes He said he needed not draw any Arguments or Conclusions from these places the substance of the Charge appeared sufficiently in the words themselves and to this third Article he fixed two other of these six Characters of malice That it is his wicked intention to avert his Majesties minde from calling of Parliaments and to cause Jealousies Seditions and Divisions in the Kingdom which he shortly inforced thus If Parliaments be taken away Mischiefs and Disorders must needs abound without any possibility of good Laws to reform them Grievances will dayly increase without opportunity or means to redress them and what readier way can there be to distractions betwixt the King and People to tumults and distempers in the State then this And so he concluded this third Article of the Charge The Limitations whereby the Doctor had provided to justifie or at least to excuse himself were propounded to be three 1. That he did not attribute to the King any such absolute Power as might be exercised at all times or upon all occasions according to his own pleasure but onely upon necessity extreme and urgent 2. That the sum required must be proportionable to the ability of the party and to the use and occasion 3. That he did not say That the substance of the Municipal or National Laws might be omitted or neglected but the Circumstances onely To these were offered three Answers the first general the other two particular The general Answer was this that it is all one to leave the Power absolute and to leave the judgement arbitrary when to execute that Power for although these limitations should be admitted yet it is left to the King alone to determine what is an urgent and pressing necessity what is a just proportion both in respect of the ability and of the use and occasion and what shall be said to be a Circumstance and what of the Substance of the Law and the Subject is left without remedy the legal bounds being taken away no private person shall be allowed to oppose his own particular opinion in any of these points to the Kings Resolution so that all these limitations though specious in shew are in effect fruitless and vain The first particular Answer applied to that limitation of urgent necessity was taken from the case of Normandy as it appears in the Comentaries of Guilme Jermie upon the customary Laws of that Dutchy they having been opprest with some grievances contrary to this Franchise made their complaint to Lewis the tenth which by his Charter in the year 1314. acknowledging the Right and Custome of the Countrey and that they had been unjustly grieved did grant and provide that from thence forward they should be free from all Subsidies and Exactions to be imposed by him and his Successors yet with this clause Si necessitie grand ne le requiret which small exception has devoured all these Immunities for though these States meet every year yet they have little or no power left but to agree to such Levies as the King will please to make upon them The second particular Answer applied to the limitation and diminution of this Power which may be pretended to be made by this word Circumstance as if he did acknowledge the King to be bound to the substance of the Law and free onely in regard of the manner whereas if the places be observed it will appear that he intends by that word the Assembly of Parliaments and assent of the People such Contribution which is the very Substance of the Right and Liberty now in question The Circumstances of Aggravation observed to be annexed to this Cause were these The first from the place where these Sermons were preached the Court the Kings own Family where such Doctrine was before so well believed that no man needed to be converted Of this there could be no end but either Simoniacal by flattery and soothing to make way for his own preferment or else extreme malitious to add new afflictions to those who lay under his Majesties wrath disgraced and imprisoned and to enlarge the wound which had been given to the Laws and Liberties of the Kingdom The second was from the consideration of his holy Function He is a Preacher of Gods Word and yet he had endeavoured to make that which was the onely rule of Justice and Goodness to be the warrant for violence and oppression He is a Messenger of Peace but he had endeavoured to sow strife and dissension not onely amongst private persons but even betwixt the King and his People to the disturbance and danger of the whole State He is a Spiritual Father but like that evil Father in the Gospel he hath given his Children Stones in stead of Bread in stead of Flesh he hath given them Scorpions Lastly he is a Minister of the Church of England but he hath acted the part of a Romish Jesuit they labour our destruction by dissolving the Oath of Allegiance taken by the People he doth the same work by dissolving the Oath of Protection and Justice taken by the King A third point of Aggravation was drawn from the quality of these Authors upon whose authority he doth principally rely being for the most part Fryers and Jesuits and from his fraud and shifting in citing those Authors to purposes quite different from their own
being stopped and stopped in such maner as we are enjoyned so we must now leave to be a Councel I hear this with that grief as the saddest Message of the greatest loss in the world but let us still be wise be humble let us make a fair Declaration to the King OUr sins are so exceeding great said Sir Iohn Elliot that unless we speedily return to God God will remove himself further from us ye know with what affection and integrity we have proceeded hitherto to have gained his Majesties heart and out of a necessity of our duty were brought to that course we were in I doubt a misrepresentation to his Majesty hath drawn this mark of his displeasure upon us I observe in the Message amongst other sad particulars it is conceived that we were about to lay some aspersions on the Government give me leave to protest That so clear were our intentions that we desire onely to vindicate those dishonors to our King and Countrey c. It is said also as if we cast some aspersions on his Majesties Ministers I am confident no Minister how dear soever can Here the Speaker started up from the seat of the Chair apprehending Sir Iohn Elliot intended to fall upon the Duke and some of the Ministers of State said There is a command laid upon me that I must command you not to proceed whereupon Sir Iohn Elliot sat down I Am as much grieved as ever said Sir Dudley Diggs Must we not proceed let us sit in silence we are miserable we know not what to do Hereupon there was a sad silence in the House for a while which was broken by Sir Nathaniel Rich in these words WE must now speak or for ever hold our peace for us to be silent when King and Kingdom are in this calamity is not fit The question is Whether we shall secure our selves by silence yea or no I know it is more for our own security but it is not for the security of those for whom we serve let us think on them some instruments desire a change we fear his Majesties safety and the safety of the Kingdom I do not say we now see it and shall we now sit still and do nothing and so be scattered Let us go together to the Lords and shew our dangers that we may then go to the King together Others said That the Speech lately spoken by Sir Iohn Elliot had given offence as they feared to his Majesty WHereupon the House declared That every Member of the House is free from any undutiful Speech from the beginning of the Parliament to that day and Ordered That the House be turned into a Committee to consider what is fit to be done for the safety of the Kingdom and that no man go out upon pain of going to the Tower But before the Speaker left the Chair he desired leave to go forth and the House ordered that he may go forth if he please And the House was hereupon turned into a grand Committee Mr. Whitby in the Chair I Am as full of grief as others said Mr. Wandesford let us recollect our English hearts and not sit still but do our duties two ways are propounded To go to the Lords or to the King I think it is fit we go to the King for this doth concern our Liberties and let us not fear to make a Remonstrance of our rights we are his Counsellors there are some men which call evill good and good evil and bitter sweet Justice is now called Popularity and Faction THen Sir Edw. Cook spake freely We have dealt with that duty and moderation that never was the like Rebus sic stantibus after such a violation of the Liberties of the Subject let us take this to heart In 30. E. 3. were they then in doubt in Parliament to name men that misled the King they accused Iohn de Gaunt the Kings Son and Lord Latimer and Lord Nevel for misadvising the King and they went to the Tower for it now when there is such a downfal of the State shall we hold our tongues how shall we answer our duties to God and men 7. H. 4. Parl. Rot. numb 31 32.11 H. 4. numb 13. there the Councel are complained of and are removed from the King they mewed up the King and disswaded him from the Common Good and why are we now retrived from that way we were in why may we not name those that are the Cause of all our evils In 4. H. 3. 27. E. 3. 13. R. 2. the Parliament moderateth the Kings prerogative and nothing grows to abuse but this House hath power to treat of it What shall we do let us palliate no longer if we do God will not prosper us I think the Duke of Buckingham is the cause of all our miseries and till the King be informed thereof we shall never go out with honour or sit with honour here that man is the Grievance of Grievances let us set down the causes of all our dysasters and all will reflect upon him As for going to the Lords that is not via Regia our Liberties are now impeached we are concerned it is not via Regia the Lords are not participant with our Liberties Mr. Selden advised that a Declaration be drawn under four heads 1. To express the Houses dutiful carriage towards his Majesty 2. To tender their Liberties that are violated 3. To present what the purpose of the House was to have dealt in 4. That that great Person viz. the Duke fearing himself to be questioned did interpose and cause this distraction All this time said he we have cast a mantle on what was done last Parliament but now being driven again to look on that man let us proceed with that which was then well begun and let the Charge be renewed that was last Parliament against him to which he made an Answer but the particulars were sufficient that we might demand judgement on that Answer onely IN conclusion the House agreed upon several heads concerning innovation in Religion the safety of the King and Kingdom misgovernment misfortune of our late designs with the causes of them And whilest it was moving to be put to the question that the Duke of Buckingham shall be instanced to be the chief and principal cause of all those evils the Speaker who after he had leave to go forth went privately to the King brought this Message THat his Majesty commands for the present they adjourn the House till to morrow morning and that all Committees cease in the mean time And the House was accordingly adjourned AT the same time the King sent for the Lord Keeper to attend him presently the House of Lords was adjourned ad libitum the Lord Keeper being returned and the House resumed his Lordship signified his Majesties desire that the House and all Committees be adjourned till to morrow morning AFter this Message was delivered the Lords
bring in Popery and the professors of those opinions the common disturbers of the Protestant Churches and incendiaries in those States wherein they have gotten any head being Protestants in shew but Iesuites in opinion which caused your Royal Father with so much pious wisdom and ardent zeale to endeavour the suppressing of them as well at home as in the neighbour Countreys And your gracious Majesty imitating his most worthy example hath openly and by your Proclamation declared your mislike of those persons and of their opinions who notwithstanding are much favoured and advanced not wanting friends even of the Clergy near to your Majesty namely Doctor Neale Bishop of Winchester and Doctor Lawd Bishop of Bath and Wells who are justly suspected to be unsound in their opinions that way And it being now generally held the way to preferment and promotion in the Church many Schollars do bend the course of their Studies to maintain those Errors Their Books and opinions are suffered to be printed and published and â—n the other side the imprinting of such as are written against them and in defence of the Orthodox Church are hindred and prohibited and which is a boldnesse almost incredible this restraint of Orthodox Books is made under colour of your Majesties formerly mentioned Proclamation the intent and meaning wherof we know was quite contrary And further to encrease our feares concerning Innovation of Religion we finde that there hath been no smal laboring to remove that which is the most powerful means to strengthen and encrease our own Relgion and to oppose both those which is the diligent teaching and instruction of the people in the true knowledge and worship of Almighty God And therefore means have been sought out to depresse and discountenance pious and painful and Orthodox Preachers and how conformable soever and peaceable in their disposition and carriage they be yet the preferment of such is opposed and instead of being encouraged they are molested with vexatious courses and pursuits and hardly permitted to Lecture And in those places where are no constant preaching Ministers whereby many of your good people whose souls in this case we beseech your Majesty to commiserate are kept in ignorance and are apt to be easily seduced to error and superstition It doth not a little also encrease our dangers and fears this way to understand the miserable condition of your Kingdome of Ireland where without controll the Popish Religion is openly confessed and practised in every part thereof Popish Iurisdiction being there generally exercised and avowed Monasteries Nunneries and other superstitious Houses newly erected re-edified and replenished with men and women of several Orders and in a plentiful manner maintained at Dublyn and most of the great Towns and divers other places of the Kingdome which of what ill consequence it may prove if not seasonably repressed we leave to your Majesties wisdome to Iudge But most humbly beseech you as we assure our selves you will to lay the serious consideration thereof to your royal and pious heart and that some speedy course may be taken for redresse therein And if now to all these your Majesty will be pleased to adde the consideration of the circumstances of time wherein these courses tending to the destruction of true Religion within these your Kingdomes have been taken here even then when the same is with open force and violence prosecuted in other Countreys and all the reformed Churches in Christendome either depressed or miserably distressed We do humbly appeal unto your Majesties Princely Iudgement whether there be not just ground of feare that there is some secret and strong co-operating here with the enemies of our Religion abroad for the utter extirpation thereof and whether if those courses be not speedily redressed and the profession of true Religion more encouraged we can expect any other but misery and ruine speedily to fall upon us especially if besides the visible and apparent dangers wherewith we are compassed about You would be pleased to remember the displeasure of Almighty God always bent against the neglect of his holy Religion the stroaks of whose divine Iustice we have already felt and do still feele with smart and sorrow in great measure And besides this feare of Innovation in Religion we do in like faithful of charge of our duties most humbly declare to your Majesty that the hearts of your people are full of feare of Innovation and change of Government and accordingly possessed with extreame griefe and sorrow Yet in this point by your Majesties late Answer to our Petition of Right touching our Liberties much comforted and raised againe out of that sadnesse and discontent which they generally had conceived throughout the whole Kingdome for the undue courses which were the last year taken for raising of moneys by loanes then which whatever your Majesty hath been informed to the contrary there were never any moneys demanded nor paid with greater grief and general dislike of all your faithful Subjects though many partly out of feare and partly out of other respects yet most unwillingly were drawn to yeeld to what was required The Billeting of Souldiers did much augment both their fears and grief wherein likewise they finde much comfort upon your gracious Answer to our petition of Right and to that we presented to your Majesty concerning this particular Yet we most humbly beseech your Majesty that we may informe you that the still continuance and late re-enforcing of those Souldiers the conditions of their persons many of them not being Natives of this Kingdome nor of the same but of an opposite Religion the placing of them upon the Sea Coast where making head amongst themselves they may unite with the Popish party at home if occasion serve and joyne with an invading enemy to do extreame mischief and that they are not yet dismissed doth still minister cause of Iealousie in your loving Subjects For that the Souldiers cannot be continued without exceeding great danger of the peace and safety of your Kingdom The report of the strange and dangerous purpose of bringing in German Horse and Riders would have turned our doubts into despaire and our feares into a certainty of confusion had not your Majesties gracious message for which we humbly give you thanks comforted us by the assurance of your Royal word that they neither are nor were intended by your Majesty for any service in England but that they were designed for some other forreigne employment Yet the sight of the Privy Seale by which it seemeth they were to be leavied the great summe of money which upon examinations we found to be paid for that purpose gave us just cause of feare That much about the same time there was a Commission under the Great Seal granted unto the Lords and others of the Privy Councel to consider of other ways for raising of moneys so particularly by impositions gave as just cause to suspect that whatsoever was your Majesties gracious intention yet there wanted not those
well performed would require the time and industry of the ablest men both of Counsel and Action that your whole Kingdome will affoard especially in these times of common danger And our humble desire is further that your most excellent Majesty will be pleased to take into your Princely consideration whether in respect the said Duke hath so abused his power it be safe for your Majesty and your Kingdom to continue him either in his great Offices or in his place of nearness and Councel about your sacred Person And thus in all humility aiming at nothing but the honour of Almighty God and the maintenance of his true Religion the safety and happiness of your most excellent Majesty and the preservation and prosperity of this Church and Common-wealth We have endeavoured with faithfull hearts and intentions and in discharge of the duty we owe to your Majesty and our Countrey to give your Majesty a true Representation of our present danger and pressing calamities which we humbly beseech your Majesty graciously to accept and take the same to heart accounting the safety and prosperity of your people your greatest happiness and their love your Richest Treasure A rufull and lamentable spectacle we confess it must needs be to behold those Ruines in so fair an House So many diseases and almost every one of them deadly in so strong and well tempered a body as this kingdom lately was But yet we will not doubt but that God hath reserved this Honor for your Majesty to restore the safety and happiness thereof as a work worthy so excellent a Prince for whose long life and true felicity we daily pray and that your fame and never dying Glory may be continued to all succeeding Generations HEreupon a Message was sent to his Majesty desiring access to his Person with the Remonstrance and the Speaker was appointed to deliver it who much desired to be excused but the House would not give way thereunto The House also sent up the Bill of Subsidy unto the Lords Soon after the King sends a Message by Sir Humphrey May that he means to end this Session on the 26. of Iune whereupon the Commons fall upon the Bill of Tunnage and Poundage In the mean time this ensuing Order concerning the Duke was made in the Starchamber upon the signification of his Majesties pleasure In Interiori Camera Stellatâ 16. Junii Anno quarto Caroli Reg. FOrasmuch as his Majesty hath been graciously pleased to signifie unto his Highness Atturney General that his Royal pleasure is that the Bill or information Exhibited into this Court against the Right Honourable George Duke of Buck. for divers great offences and misdemeanours objected against him for that his Majesty is fully satisfied of the innocency of that Duke in all those things mentioned in the said information as well by his own certain knowledge as by the proofs in the Cause shall therefore together with the said Dukes Answer thereunto and all other proceedings thereupon be taken off the File that no memory thereof remain of Record against him which may tend to his disgrace It is therefore Ordered that the said Information or Bill the Answer thereunto and all other Proceedings thereupon be forthwith taken from the File by his Majesties said Atturney General according to his Majesties pleasure therein to him signified under his hand and now remaining in the custody of the Register of this Court Dated this present 16. day of Iune 4. Caroli Exam. per Jo. Arthur 16. Iunii 1628. ON this very day the Duke signified unto the House that he is informed that one Mr. Christopher Eukener of the House of Commons hath affirmed that his Grace did speak these words at his own Table Viz. Tush it makes no matter what the Commons or Parliament doth for without my leave and authority they shall not be able to touch the hair of a Dogg And his Grace desired leave of their Lordships that he might make his Protestation in the House of Commons concerning that Speech And to move them that he which spake it of him being a Member of that House might be commanded to justifie it and his Grace heard to clear himself Their Lordships considering thereof ordered that the Duke shall be left to himself to do herein what he thinks best in the House of Commons Whereupon the Duke gave their Lordships thanks and protested upon his Honour that he never had those words so much as in his thoughts Tho which Protestation the Lords Commanded to be entred that the Duke may make use thereof as need shall be The Duke also charged one Mr. Melvin for speaking words against him Viz. First That Melvin said That the Dukes plot was that the Parliament should be dissolved and that the Duke and the King with a great Army of Horse and Foot would war against the Commonalty and that Scotland should assist him so that when war was amongst our selves the Enemy should come in for this Kingdom is already sold to the Enemy by the Duke 2. That the Duke had a stronger Councel then the King of which were certain Jesuites Scotishmen and that they did sit in Councel every night from one of the clock till three 3. That when the King had a purpose to do any thing of what consequence soever the Duke could alter it 4. That when the Ordnance were shipt at St. Martins the Duke caused the Souldiers to go on that they might be destroyed 5. That the Duke said he had an Army of 16000. Foot and 1200. Horse 6. That King Iames his blood and Marquess Hamiltons with others cries out for vengeance to heaven 7. That he could not expect any thing but ruine of this Kingdom 8. That Prince Henry was poisoned by Sir Thomas Overbury and he himself served with the same sauce and that the Earl of Somerset and others could say much to this 9. That he himself had a Cardinal to his Uncle or near Kinsman whereby he had great intelligence About the same time the Lord Keeper reported to the House of Lords what his Majesty said touching the Commission of Excise Viz. That their Lordships had reason to be satisfied with what was truly and rightly told them by the Lords of the Councel that this Commission was no more but a warrant of advice which his Majesty knew to be agreeable to the time and the manifold occasions then in hand but now having a supply from the loves of his people he esteems the Commission useless and therefore though he knows no cause why any jealousie should have risen thereby yet at their desires he is content it be cancelled and he hath commanded me to bring both the Commission and Warrant to him and it shall be cancelled in his own presence The day following the Lord Keeper reported that his Majesty had cancelled the Commission and the Warrant for putting the Seal thereunto and did there openly shew it and a Message was sent to the Commons to
shew them the said cancelled Commission and Warrant The Commons resume again the Debate upon the Bill of Tunnage and Poundage Whereupon Mr. Selden said Whereas the Kings Councel objected that 1. Eliz. saith It was Granted time out of mind to the King I fear his Majesty is told so and some body doth ascertain him so But we may clear that for not only 1. Eliz. but also in the Statute of 1. Iac. the word time out of mind is That whereas H. 7. and other his Majesties Progenitors have had some Subsidy for the guarding of the Seas And that there was never a King but had some Subsidie in that sense it is indeed time out of mind Yet is it a matter of free gift for publique Bills the King saith Le Roy se veult for Petitions of Right Soit droit fait come est desire For the Bill of Subsidies it is thus the King heartily thanking the Subjects for their good wills In all the Bills of Tunnage and Poundage is the very same Answer save one which was 1. Eliz. and but for that only mistake of the Clerk it hath ever the same assent as the Bill of Subsidie Upon this Debate it was Ordered that a Committee be appointed to draw a Remonstrance to his Majesty of the peoples Rights and of the undue taking of Tunnage and Poundage and Impositions without Act of Parliament and to shew the Reasons why the House cannot in so short a time prepare that Bill The Remonstrance was as followeth MOst Gracious Sovereign Your Majesties most Loyal and Dutiful Subjects the Commons in this present Parliament assembled being in nothing more careful then of the Honor and Prosperity of your Majestie and the kingdom which they know do much depend upon that happie union and relation betwixt your Majestie and your people do with much sorrow apprehend that by reason of the incertaintie of their continuance together the unexpected interruptions which have been cast upon them and the shortness of time in which your Majestie hath determined to end this Session they cannot bring to maturitie and perfection divers businesses of weight which they have taken into their consideration and resolution as most important for the common good Amongst other things they have taken into especial care the preparing of a Bill for the Granting of your Majestie such a Subsidie of Tunnage and Poundage as might uphold your Profit and Revenue in as ample a manner as their just care and respect of Trade wherein not only the Prosperity but even the Life of the Kingdom doth consist would permit But being a work which will require much time and preparation by conference with your Majesties Officers with the Merchants not only of London but of other remote parts they find it not possible to be accomplished at this time Wherefore considering it will be much more prâ—judicial to the right of the Subject if your Majestie should continue to receive the same without Authority of Law after the determination of a Session then if there had been a Recess by Adjournment only In which case that intended Grant would have related to the first day of the Parliament And assuring themselves that Your Majestie is resolved to observe that Your Royal Answer which â—ou have lately made to the Petition of Right of both Houses of Parliament Yet doubting least Your Majestie may be misinformed concerning this particular case as if you might continue to take those Subsidies of Tunnage and Poundage and other Impositions upon Merchants without breaking that Answer they are forced by that dutie which they owe to Your Majestie and to those whom they represent to declare That there ought not any Imposition to be laid upon the Goods of Merchants Exported or Imported without common consent by Act of Parliament which is the right and inheritance of your Subjects founded not only upon the most Ancient and Original constitution of this Kingdom but often confirmed and declared in divers Statute Laws And for the better manifestation thereof may it please Your Majestie to understand that although Your Royal Predecessors the Kings of this Realm have often had such Subsidies and Impositions Granted unto them upon divers occasions especially for the guarding of the Seas and safeguard of Merchants Yet the Subjects have been ever careful to use such Cautions and Limitations in those Grants as might prevent any claim to be made that such Subsidies do proceed from duty and not from the free gift of the Subject And that they have heretofore used to limit a tune in such Grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of Cessation or intermission that so the right of the subject might be more evident At other times it hath been Granted upon occasion of War for a certain number of years with Proviso that if the War were ended in the mean time then the Grant should cease And of Course it hath been sequestred into the hands of some Subjects to be imployed for the guarding of the Seas And it is acknowledged by the ordinary Answers of your Majesties Predecessors in their Assent to the Bills of Subsidies of Tunnage and Poundage that it is of the nature of other Subsidies proceeding from the good will of the Subject Uery few of your Predecessors had it for life untill the Reign of H. 7. who was so far from conceiving he had any right thereunto That although he granted Commissions for collecting certain duties and Customes due by Law yet he made no Commissions for receiving the Subsidie of Tunnage and Poundage untill the same was granted unto him in Parliament Since his time all the Kings and Queens of this Realm have had the like Grants for life by the free love and good will of the Subjects And whensoever the people have been grieved by laying any Impositions or other Charges upon their goods and Merchandises witâ—out authority of Law which hath been very sâ—ldom Yet upon complaint in Parliament they have been forthwith relieved saving in the time of your Royal Father who having through ill Councel raised the Rates and Charges upon Merchandises to that height at which they now are yet he was pleased so far forth to yield to the complaint of his people as to offer that if the value of those Impositions which he had set might be made good unto him He would binde himself and his Heirs by Act of Parliament never to lay any other Which offer the Commons at that time in regard of the great burden did not think fit to yield unto Nevertheless your Loyall Commons in this Parliament out of their especial zeale to your Service and especial regard of your pressing occasions have taken into their consideration so to frame a Grant of Subsidie of Tunnage and Poundage to your Majesty that both you might have been the better enabled for the defence of your Realm and your
agreed in one that he ought not by the Law to be tortured by the Rack for no such punishment is known or allowed by our Law And this in case of Treason was brought into this Kingdom in the time of Henry 6. note Fortescue for this Point in his Book de laudibus legum Angliae see the preamble of the Act 28. H. 8. for the Trial of Fellony where Treasons are done upon the Sea and Statute 14. Edw. 3. Ch. 9. of Jaylours or Keepers who by duresse make the prisoners to be approvers Since the last Session of Parliament certain Merchant who traded in Wines had been committed to the Fleet for the non-payment of an Imposition of 20. s. the Tun and were now at liberty upon their entring into bond for the payment of that Imposition Moreover the King in full Councel declared his absolute will and pleasure to have the entry of 2. s. 2. d. the hundred upon all Currens to be satisfied equally with that of 3. s. 4. d. before the landing of that Commodity it being a duty laid by Queen Elizabeth who first gave being to the Levant Company and which had been paid both in his Fathers time and his own and that their Majesties were equally possessed of the whole summe of 5. s. 6. d. the hundred by a solemn and Legal Judgement in the Exchequer and he straightly charged his Councel to examine the great abuse in this point and to make a full reparation to his Honour by inflicting punishment as well upon Officers as Merchants that for the future they may beware of committing such contempts And Divers Merchants of London having forcibly Landed and endeavoured to carry away their Goods and Merchandises from the Custom-house Key without payment of duties were summoned to the Councel-table And the Councel was informed against them that they had caused great and unlawful assemblies of people to be gathered together to the breach of the Kings Peace and Mr. Chambers was committed to prison by the Lords of the Councel for some words spoken at that time Michaelmas 4. Car. Richard Chambers being in Prison in the Marshalsie Del hostel de Roy desired an Habeas Corpus and had it which being returable upon the 16. day of October the Marshall returned that he was committed to prison the 28. day of Septemb. last by command of the Lords of the Councel The Warrant verbatim was That he was committed for insolent behaviour and words spoken at the Councel-Table which was subscribed by the Lord Keeper and twelve others of the Councel The words were as information was given though not expressed in the Return That such great Customes and Impositions were required from the Merchants in England as were in no other place and that they were more screwed up then under the Turk And because it was not mentioned what the words were so as the Court might adjudge of them the Return was held insufficient and the Warden of the Prison advised to amend his Return and he was by Rule of the Court appointed to bring his prisoner by such a day without a new Habeas Corpus and the Prisoner was advised by the Court That in the mean time he should submit to the Lords and Petition them for his enlargement The Warden of the Prison bringing the Prisoner in again in Court the 23. day of October Then Mr. Iermin for the Prisoner moved That forasmuch as it appeared by the Return that he was not committed for Treason or Felony nor doth it appear what the words were whereto he might give answer he therefore prayed he might be dismissed or bailed But the Kings Attourney moved That he might have day untill the 25. of October to consider of the Return and be enformed of the words and that in the interim the Prisoner might attend the Councel-Table and Petition But the Prisoner affirmed that he oftentimes had assayed by Petition and could not prevail although he had not done it since the beginning of October and he prayed the Justice of the Law and the inheritance of a Subject Whereupon at his importunity the Court commanded him to be bailed and he was bound in a Recognizance of four hundred pounds and four good Merchants his Sureties were bound in Recognizance of one hundred pound a piece that he should appear here in Crastino animarum and in the interim should be of the good behaviour And advertized him they might for contemptuous words cause an Indictment or Information in this Court to be drawn against him if they would The Lords of the Councel were much dissatisfied with the Bailing of Chambers Whereupon the Judges were â—ent for to the Lord Keeper at Durham House where were present besides the Lord-Keeper the Lord Treasurer Lord Privy Seal and the Chancellor of the Dutchy And the Lord Keeper then declared unto them that the said enlargement of Chambers was without due regard had to the Privy Councel in not first acquainting them therewith To this the Judges answered that to keep a fair correspondency with their Lordships they had by the Lord Chief-Justice acquainted the Lord Keeper in private therewith before they baild the party And that what they had done as to the bailing of the prisoner was according to Law and Justice and the conscience of the Judges To this it was replied that it was necessary for the preservation of the State that the power and dignity of the Councel Table should be preserved and that it could not be done without correspondency from the Courts of Justice so they parted in very fair tearms On Thursday the 27. of November Felton was removed from the Tower to the Gate-house in order to his tryal and was the same day brought by the Sheriffs of London to the Kings-bench Bar and the indictment being read he was demanded whether he were guilty of the murder therein mentioned he answered he was guilty in killing the Duke of Buc. and further said that he did deserve death for the same though he did not do it out of malice to him So the Court passed sentence of death upon him whereupon he offered that hand to be cut off that did the fact but the Court could not upon his own offer inflict that further punishment upon him neverthelesse the King sent to the Judges to intimate his desire that his hand might be cut off before execution but the Court answered that it could not be for in all murthers the Judgement was the same unlesse when the Statute of 25. E. 3. did alter the nature of the offence and upon a several indictment as it was in Queen Elizabeths time when a Felon at the Bar flung a stone at a Judge upon the Bench for which he was indicted and his sentence was to have his hand cut off which was accordingly done and they also proceeded against him upon the other indictment for Felony for which he was found guilty and afterwards hanged and Felton was afterwards hung up
Protestation was published in the House viz. Whosoever shall bring in Innovation of Religion or by favour or countenance seek to extend or introduce Popery or Arminianism or other opinion disagreeing from the Truth and Orthodox Church shall be reputed a Capital Enemy to this Kingdom and Commonwealth 2. Whosoever shall counsel or advise the taking and levying of the Subsidies of Tunnage and Poundage not being granted by Parliament or shall be an Actor or Instrument therein shall be likewise reputed an Innovator in the Government and Capital Enemy to the Kingdom and Commonwealth 3. If any Merchant or Person whatsoever shall voluntarily yeeld or pay the said Subsidies of Tunnage and Poundage not being granted by Parliament he shall likewise be reputed a Betrayer of the Liberties of England and an Enemy to the same Hereupon the King sent for the Sergeant of the House but he was detained the Door being lockt then he sent the Gentleman Usher of the Lords House with a Message and he was refused admittance till the said Votes were read and then in much confusion the House was adjourned to the tenth of March according as it was intimated from his Majesty Nevertheless his Majesty by Proclamation dated the second of March declares the Parliament to be dissolved The passages of this day and the preceding day in Parliament are hereafter more fully related in the proceedings in the Kings Bench. By the King A Proclamation about the dissolving of the Parliament WHereas We for the general good of our Kingdom caused our high Court of Parliament to assemble and meet by prorogation the 20 day of January last past sithence which time the same hath been continued And although in this time by the malevolent dispositions of some ill affected persons of the House of Commons We have had sundry Iust Causes of offence and dislike of their proceedings yet We resolved with patience to trie the uttermost which we the rather did for that We found in that House a great number of sober and grave Persons well-affected to Religion and Government and desirous to preserve unity and peace in all parts of Our Kingdom And therefore having on the five and twentieth day of February last by the uniform advice of our Privy-Council caused both Houses to be adiourned until this present day hoping in the mean time that a better and more right understanding might be begotten between Us and the Members of that House whereby this Parliament might have a happy end and issue And for the same intent We did again this day command the like Adiournment to be made until the tenth day of this Month It hath so happened by the disobedient and seditious carriage of those said ill affected persons of the House of Commons That We and Our Regal Authority and Commandment have been so highly contemned as our Kingly Office cannot bear nor any former age can paralel And therefore it is Our full and absolute resolution to dissolve the same Parliament whereof We thought good to give notice unto all the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of this present Parliament to all others whom it may concern That they may depart about their needful affairs without attending any longer here Nevertheless We will that they and all others shall take notice that We do and ever will distinguish between those who have shewed good affection to Religion and Government and those that have given themselves over to faction and to work disturbance to the peace and good order of Our Kingdom Given at our Court at Whitehal this second day of March in the fourth yeer of Our Reign of Great Britan France and Ireland This Proclamation was not published till after the tenth of March. The day following Warrants were directed from the Council to Denzil Holles Esq Sir Miles Hobert Sir Iohn Elliot Sir Peter Hayman John Selden Esq William Coriton Walter Long William Stroud Benjamin Valentine commanding their personal appearance on the morrow At which time Mr. Holles Sir Iohn Elliot Mr. Corriton Mr. Valentine appearing and refusing to answer out of Parliament what was said and done in Parliament were committed close prisoners to the Tower and Warrants were given the Parliament being still in being for the sealing up of the studies of Mr. Holles Mr. Selden and Sir Iohn Elliot Mr. Long and Mr. Stroud not then nor of some time after appearing a Proclamation issued out for the apprehending of them On the tenth of March being six days after the commitment of the said Members his Majesty being set in his Royal Throne with his Crown on his head and in his Robes and the Lords in their Robes also and divers of the Commons below the Bar but not their Speaker neither were they called his Majesty spake as followeth My Lords I Never came here upon so unpleasant an occasion it being the dissolution of a Parliament therefore men may have some cause to wonder why I should not rather chuse to do this by Commission it being a general maxime of Kings to leave harsh Commands to their Ministers themselves only executing pleasing things yet considering that Iustice as well consists in reward and praise of vertue as punishing of vice I thought it necessary to come here to day and to declare to you and all the world that it was meerly the undutiful and seditious carriage in the Lower House that hath made the dissolution of this Parliament and you My Lords are so far from being any causers of it that I take as much comfort in your dutiful demeanour as I am justly distasted with their proceedings yet to avoyd their mistakings let me tell you that it is so far from me to adjudge all the House alike guilty that I knâ—w that there are many there as dutiful Subjects as any in the world it being but some few Vipers among them that did cast this mist of undutifulness over most of their eys yet to say truth there was a good number there that could not be infected with this contagion insomuch that some did express their duties in speaking which was the general fault of the House the last day To conclude as those Vipers must look for their reward of punishment so you My Lords must justly expect from me that favour and protection that a good King oweth to his loving and faithful Nobility And now my Lord Keeper Do what I have commanded you Then the Lord Keeper said My Lords and Gentlemen of the House of Commons the Kings Majesty doth dissolve this Parliament Whilst the King is preparing a Declaration of the causes and motives which induced him to dissolve this Parliament let us see what followed hereupon The discontents of the common people upon this Dissolution were heightned against the powerful men at Court and the Kings most inward Counsellors for some few days after two Libels were found in the Dean of Pauls yard one against Bishop Laud to this effect
Laud look to thy self be assured thy life is sought as thou art the fountain of wickedness repent of thy monstrous sins before thou be taken out of the world and assure they self neither God nor the world can endure such a vile Counsellor or whisperer to live The other was as bad against the L. Treasurer Weston The King purposing to proceed against the Members of the House of Commons who were committed to Prison by him in the Star-Chamber caused certain Questions to be proposed to the Judges upon the 25 of April WHereupon all the Judges met at Sergeants-Inne by command from his Majesty where Mr. Atturney proposed certain Questions concerning the offences of some of the Parliament-men committed to the Tower and other prisons at which time one Question was proposed and resolved viz. That the Statute of 4 H. 8.8 intituled An Act concerning Richard Strode was a particular Act of a Parliament and extended onely to Richard Strode and to those persons that had joyned with him to prefer a Bill to the House of Commons concerning Tynners And although the Act be private and extendeth to them alone yet it was no more then all other Parliament-men by priviledge of house ought to have viz. Freedom of speech concerning those matters debated in Parliament by a Parliamentary course The rest of the Questions Mr. Atturney was wished to set down in writing against another day Upon Munday following all the Judges met again and then Mr. Atturney proposed these Questions 1. Whether if any Subject hath received probable Information of any Treason or treacherous attempt or intention against the King or State that Subject ought not to make known to the King or his Majesties Commissioners when thereunto he shall be required what Information he hath received and the grounds thereof to the end the King being truly informed may prevent the danger And if the said Subject in such Case shall refuse to be examined or to answer the Questions which shall be demanded of him for further inquiry and discovery of the truth whether it be not a high contempt in him punishable in the Star-Chamber as an offence against the general Iustice and Government of the Kingdom Sol. The resolution and answer of all the Justices That it is an offence punishable as aforesaid so that this do not concern himself but another nor draw him to danger of Treason or contempt by his answer 2. Whether it be a good answer or excuse being thus interrogated and refusing to answer to say That he was a Parliament-man when he received this Information and that he spake thereof in the Parliament-house and therefore the Parliament being now ended he refused to answer to any such Questions but in the Parliament-house and not in any other place Sol. To this the Judges by advise privately to Mr. Atturney gave this Answer That this excuse being in Nature of a Plea and an errour in judgement was not punishable until he were over-ruled in an orderly manner to make another answer and whether the party were brought in Ore tenus or by Information for this Plea he was not to be punished 3. Whether a Parliament-man committing an offence against the King or Council not in a Parliament way might after the Parliament ended he punished or not Sol. All the Judges una voce answered He might if he be not punished for it in Parliament for the Parliament shall not give priviledge to any contra morem Parliamentarium to exceed the bounds and limits of his place duty And all agreed That regularly he cannot be compelled out of Parliament to answer things done in Parliament in a Parliamentary course but it is otherwise where things are done exorbitantly for those are not the Acts of a Court. 4. Whether if one Parliament-man alone shall resolve or two or three shall covertly conspire to raise false slanders and rumours against the Lords of the Council and Iudges not with intent to question them in a Legal course or in a Parliamentary way but to blast them and to bring them to hatred of the people and the Government in contempt be punishable in the Star-Chamber after the Parliament is ended Sol. The Judges resolve that the same was punishable out of Parliament as an offence exorbitant committed in Parliament beyond the office and besides the duty of a Parliament-man There was another Question put by Mr. Atturney viz. Whether if a man in Parliament by way of digression and not upon any occasion arising concerning the same in Parliament shall say The Lords of the Council and the Judges had agreed to trample upon the Liberty of the Subject and the priviledges of Parliament he were punishable or not The Judges desired to be spared to make any answer thereunto because it concerned themselves in particular The next day Mr. Atturny put the Judges another Case It is demanded of a Parliament-man being called Ore tenus before the Court of Star-Chamber being charged that he did not submit himself to examination for such things as did concern the King and the Government of the State and were affirmed to be done by a third person and not by himself if he confess his hand to that refusal and make his excuse and plead because he had priviledg of Parliament Whether the Court will not over-rule this plea as erronious and that he ought to make a further answer It is the justest way for the King and the party not to proceed Ore tenus because it being a point in Law it is fit to hear Counsel before it be over-ruled and upon an Ore tenus by the Rules of Star-Chamber Counsel ought not to be admitted and that it would not be for the Honor of the King nor the safety of the subject to proceed in that manner Pasca 5 Car. upon a Habeas Corpus of this Court to bring the body of William Stroud Esq with the cause of his imprisonment to the Marshal of the Kings Bench It was returned in this manner That Mr. William Stroud was committed under my custody by vertue of a certain Warrant under the hands of twelve of the Lords of the Privy-Council of the King the tenor of which Warrant followeth in these words YOu are to take knowledge that it is his Majesties pleasure and commandment that you take into your custody the Body of William Stroud Esq and keep him close prisoner till you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated this 2 of April 1629. And the direction of the Warrant was To the Marshal of the Kings Bench or his Deputy He is also detained in prison by vertue of a Warrant under his Majesties hand the tenor of which Warrant followeth in these words C.R. WHereas you have in your custody the Body of William Stroud Esq by Warrant of Our Lords of our Privy-Council by Our special Command you are to take notice that this
not all but it is extended to some others who I fear in guilt of Conscience of their own desert do joyn their power with that Bishop and the rest to draw his Majesty into a jealousie of the Parliament amongst them I shall not fear to name the great Lord Treasurer in whose person I fear is contracted all that which we suffer If we look into Religion or Policy I find him building upon the ground laid by the Duke of Buckingham his great Master from him I fear came those ill Counsels which contracted that unhappy conclusion of the last session of Parliament I find that not only in the affections of his heart but also in relation to him and I doubt not to fix it indubitably upon him and so from the power and greatness of him comes the danger of our Religion For Policy in that great Question of Tunnage and Poundage the interest which is pretended to be the Kings is but the interest of that person to undermine the Policy of this Government and thereby to weaken the Kingdom while he invites strangers to come in to drive out Trade or at least our Merchants to trade in strangers bottoms which is as dangerous Therefore it is fit to be declared by us that all that we suffer is the effect of new counsels to the ruine of the Government of the State and to make a protestation against all those men whether greater or subordinate that they shall all be declared as Capital Enemies to the King and Kingdom that will perswade the King to take Tunnage and Poundage without grant of Parliament and that if any Merchants shall willingly pay those Duties without consent of Parliament they shall be declared as Accessaries to the rest Which Words of the said Sir Iohn Elliot were by him uttered as aforesaid falsly and malitiously and seditiously out of the wickedness of his own affections towards your Majesty and your gratious and religious Government and by the Confederacie Agreement and Privity of the â—aid other Confederates and to lay a slander and scandal thereupon and not with a purpose or in way to rectifie any thing which he conceiâ—ed to be amiss but to traduce and blast those persons against whom he â—ad conceived malice for so himself the same day in that house said and laid down as a ground for that he intended to say That no man was ever blasted in that house but a curse fell upon him And further so it is may it please your most excellent Majesty That when the said Sir Iohn Elliot had thus vented that malice and wickedness which lay in his heart and as appeareth by his own words were expressed in the said paper which was prepared as aforesaid the said Walter Longe out of his inveterate malice to your Majesty and to your Affairs and by the confederacy aforesaid then and there said That man who shall give away my Liberty and Inheritance I speak of the Merchants I note them for Capital Enemies to the Kingdome And lest the hearers should forget these wicked desperate Positions laid down as aforesaid and to the end the same might have the deeper impression and be the more divulged abroad to the prejudice of your Majesty and of your great Affairs and to the scandal of your Government the said Denzil Holles collected into several heads what the said Sir Iohn Elliot had before delivered out of that paper and then said Whosoever shall counsel the taking up of Tunnage and Poundage without an Act of Parliament let him be accompted a capital Enemy to the King and Kingdom And further What Merchant soever shall pay Tunnage and Poundage without an Act of Parliament let him be counted a Betrayer of the Liberty of the Subjects and a Capital Enemy of the King and Kingdom Which Positions thus laid the said Denzil Holles neither being Speaker nor sitting in the Chair as in a Committee by direction of the House but in an irregular way and contrary to all course of orderly proceedings in Parliament offered to put these things so delivered by him as aforesaid to the Question and drew from his confederates aforesaid an applause and assent as if these things had been voted by the house And further so it is may it please your most excellent Majesty That the disobedience of the said Confederates was then grown to that height that when Edward Grimston the Serjeant at Arms then attending the Speaker of that house was sent for by your Majestie personally to attend your Highness and the same was made known in the said house the said Confederates notwithstanding at that time forcibly and unlawfully kept the said Edward Grimston locked up in the said house and would not suffer him to go out of the house to attend your Majesty and when also on the same day Iames Maxwel Esquire the Gentleman-Usher of the Black Rod was sent from your Majesty to the said Commons house with a message immediately from your Majesties own person they the said Confederates utterly refused to open the door of the house and to admit the said Iames Maxwel to go to deliver his message After all which the said house was then adjourned until the said tenth day of March then following and on the said tenth day of March the said Parliament was dissolved and ended In consideration of all which premises And for as much as the contempt and disobedience of the said Sir John Ellyot and other the confederates aforesaid were so great and so many and unwarranted by the priviledge and due proceeding of Parliament and were committed with so high a hand and are of so ill example and so dangerous consequence and remain all unpardoned Therefore they pray'd a process against them to answer their contempts in the high Court of Star-Chamber Memorandum That the 29. of May Anno quinto Car. Reg. these words viz. After all which the said House was then adjourned until the said tenth day of March and on the said tenth day of March the said Parliament was dissolved and ended were added and inserted by order of the Court immediately before In tender consideration c. At the same time Sir Robert Heath the Kings Atturny General preferr'd an Information in the Star-Chamber against Richard Chambers of the City of London Merchant wherein first he did set forth the gracious Government of the King and the great Priviledges which the Merchants have in their Trading by paying moderate duties for the goods and merchandises exported and imported and setting forth that the raising and publishing of undutiful and false speeches which may tend to the dishonour of the King or the State or to the discouragement or discontentment of the subject or to set discord or variance between his Majesty and his good People are offences of dangerous consequence and by the Law prohibited and condemned under several penalties and punishments That nevertheless the said Richard Chambers the 28. day of September last being amongst some other merchants
for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation oâ— the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
and Southcot Justices That offences committed in Parliament may be punished out of Parliament And 3 Ed. 3.19 it is good Law And it is usual neer the end of Parliaments to set some petty punishment upon offenders in Parliament to prevent other Courts And I have seen a Roll in this Court in 6 H. 6. where judgment was given in a writ of annuity in Ireland and afterwards the said judgment was reversed in Parliament in Ireland upon which judgment Writ of Error was brought in this Court and reversed Hide Chief Justice to the same intent No new matter hath been offered to us now by them that argue for the Defendants but the same Reasons and Authorities in substance which were objected before all the Justices of England and Barons of the Exchequer at Sergeants-Inn in Fleet-street upon an Information in the Star-Chamber for the same matter At which time after great deliberation it was resolved by all of them That an offence committed in Parliament that being ended may be punished out of Parliament And no Court more apt for that purpose then this Court in which we are and it cannot be punished in a future Parliament because it cannot take notice of matters done in a foregoing Parliament As to that that was said That an Inferiour Court cannot meddle with matters done in a Superior True it is That an Inferior Court cannot meddle with judgments of a Superior Court but if the particular members of a Superiour Court offend they are oft-times punishable in an Inferior Court As if a Judg shall commit a capital offence in this Court he may be arraigned thereof at Newgate 3 E. 3.19 and 1 Mar. which have been cited over-rule this case Therefore Whitlock accordingly 1. I say in this Case Nihil dictum quod non dictum prius 2. That all the Judges of England have resolved this very point 3. That now we are but upon the brink and skirts of the Cause for it is not now in Question if these be offences or no or if true or false but only if this Court have jurisdiction But it hath been objected That the offence is not capital therefore it is not examinable in this Court But though it be not capital yet it is criminal for it is sowing of sedition to the destruction of the Commonwealth The Question now is not between us that are Judges of this Court and the Parliament or between the King and the Parliament but between some private Members of the House of Commons and the King himself for here the King himself questions them for those offences as well he may In every Commonwealth there is one supereminent Power which is not subject to be questioned by any other and that is the King in this Commonwealth who as Bracton saith solum Deum habet ultorem But no other within the Realm hath this Priviledge It is true that that which is done in Parliament by consent of all the house shall not be questioned elsewhere but if any private Members exuunt personas judicum induunt malefacientium personas sunt seditiosi is there such Sanctimony in the place that they may not be questioned for it elsewhere The Bishop of Ross as the Case hath been put being Embassadour here practised matters against the State And it was resolved That although Legatus sit Rex in alieno solo yet when he goes out of the bounds of his Office and complots with Traytors in this Kingdom that he shall be punished as an offender here A Minister hath a great Priviledge when he is in the Pulpit but yet if in the Pulpit he utter speeches which are scandalous to the State he is punishable so in this Case when a Burgess of Parliament becomes mutinous he shall not have the Priviledge of Parliament In my opinion the Realm cannot consist without Parliaments but the behaviour of Parliament-men ought to be Parliamentary No outragious speeches were ever used against a great Minister of State in Parliament which have not been punished If a Judge of this Court utter scandalous speeches to the State he may be questioned for them before Commissioners of Oyer and Terminer because this is no judicial act of the Court. But it hath been objected That we cannot examine Acts done by a higher Power To this I put this Case When a Peer of the Realm is arraigned of Treason we are not his Judges but the high Steward and he shall be tryed by his Peers But if errour be committed in this proceeding that shall be reversed by errour in this Court for that which we do is Coram ipso Rege It hath been objected That the Parliament-Law differs from the Law by which we judge in this Court in sundry Cases And for the instance which hath been made That by the Statute none ought to be chosen Burgesse of a Town in which he doth not inhabit but that the usage of Parliament is contrary But if Information be brought upon the said Statute against such a Burgess I think that the Statute is a good warrant for us to give judgement against him And it hath been objected That there is no President in this matter But there are sundry Presidents by which it appears that the Parliament hath transmitted matters to this Court as 2 R. 2. there being a question between a great Peer and a Bishop it was transmitted to this Court being for matter of behaviour and although the Judges of this Court are but inferiour men yet the Court is higher for it appears by the 11 Eliz. Dy. That the Earl Marshal of England is an Officer of this Court and it is always admitted in Parliament That the priviledges of Parliament hold not in three Cases to wit in case of Treason secondly in case of Felony and in suit for the peace and the last is our very case Therefore c. Crook argued to the same intent but I did not well hear him he said That these offences ought to be punished in the Court or no where and all manner off offences which are against the Crown are examinable in this Court It hath been objected That by this means none will adventure to make his complaints in Parliament That is not so for he may complain in a Parliamentary course but not falsely and unlawfully as here is pretended for that which is unlawfully cannot be in a Parliamentary course It hath been objected That the Parliament is a higher Court then this is And it is true But every Member of Parliament is not a Court and if he commit offence he is punishable here Our Court is a Court of high jurisdiction it cannot take cognizance of real Pleas but if a real Plea comes by Error in this Court it shall never be transmitted But this Court may award a grand Cape and other Process usual in real Actions But of all capital and criminal causes we are originally competent Judges and by consequence of this matter But I am not
of the opinion of Mr. Atturney General that the word proditore would have made this Treason And for the other matters he agreed with the Judges Therefore by the Court the Defendants were ruled to plead further and Mr. Lenthal of Lincolns-Inn was assigned of Counsel for them Inasmuch as the Defendants would not put in other Plea the last day of the Term judgment was given against them upon a nihil dicit which judgment was pronounced by Iones to this effect The matter of the Information now by the confession of the Defendants is admitted to be true and we think their Plea to the jurisdiction insufficient for the matter and manner of it And we hereby will not draw the true Liberties of Parliament-men into Question to wit for such matters which they do or speak in Parliamentary manner But in this case there was a conspiracy between the Defendants to slander the State and to raise sedition and discord between the King his Peers and People and this was not a Parliamentary course All the Iudges of England except one have Resolved the Statute of 4 Hen. 8. to be a private Act and to extend to Strood only But every Member of the Parliament shall have such Priviledges as are there mentioned but they have no Priviledge to speak at their pleasure The Parliament is an high Court therefore it ought not to be disorderly but ought to give good example to other Courts If a Judg of our Court shall rayl upon the State or Clergy he is punishable for it A Member of the Parliament may charge any great Officer of the State with any particular offence but this was a malevolous accusation in the generality of all the Officers of State therefore the matter contained within the Information is a great offence and punishable in this Court 2. For the punishment although the offence be great yet that shall be with a light hand and shall be in this manner 1. That every of the Defendants shall be imprisoned during the Kings pleasure Sir John Elliot to be imprisoned in the Tower of London and the other Defendants in other Prisons 2. That none of them shall be delivered out of Prison until he give security in this Court for his good behaviour and have made submission and acknowledgment of his offence 3. Sir John Elliot inasmuch as we think him the greatest offender and the ringleader shall pay a fine to the King of 2000 l. and Mr. Holles a fine of 1000 marks and Mr. Valentine because he is of less ability then the rest shall pay a fine of 500 l. And to all this all the other Justices with one voice accorded FINIS APPENDIX His Majesties Declaration to all his Loving Subjects of the Causes which moved him to dissolve the last Parliament March 10. 1628. HOwsoever Princes are not bound to give accompt of their Actions but to God alone yet for the satisfaction of the minds and affections of Our Loving Subjects We have thought good to set down thus much by way of Declaration that We may appeare to the world in the truth and sincerity of Our Actions and not in those Colours in which We know some turbulent and ill-affected spirits to masque and disguise their wicked intentions dangerous to the State would represent Us to the publick view We assembled our Parliament the 17th day of March in the third yeer of Our Reigne for the safety of Religion for securing Our Kingdoms and Subjects at home and Our friends and Allies abroad And therefore at the first sitting down of it We declared the miserable afflicted estate of those of the reformed Religion in Germany France and other parts of Christendome the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that Party which was united against Us That besides the Pope and the house of Austria and their antient confederates the French King professed the rooting out of the Protestant Religion That of the Princes and States on Our party some were over-run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessity of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readinesse they agreed to grant a liberall aid But before it was brought to any perfection they were diverted by a multitude of Questions raised amongst them touching their Liberties and Priviledges and by other long disputes that the Bill did not passe in a long time and by that delay Our affairs were put into a far worse case then at the first Our Foraigne Actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardnesse We attribute it that it was Propounded and Resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causlesse jealousies stirred up by men of another temper did much lessen both the reputation and reality of that Supply And their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not onely of Our great occasâ—ons but of the presidents of former Subsidies and of the intentions of all well-affected men in that House In those large Disputes as We permitted many of Our high prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We did endeavour to have shortned those debates for winning of time which would have much advantaged Our great affairs both at home and abroad And therefore both by speeches and messages We did often declare Our gratious and clear resolution to maintain not onely the Parliament but all our People in their antient and just liberties without either violation or diminution and in the end for their full satisfaction and security did by an Answer framed in the form by themselves desired to their Parliamentary Petition confirm their antient and just Liberties and Rights which We resolve with all constancy and justice to maintain This Parliament howsoever besides the setling Our necessary supply and their own liberties they wasted much time in such proceedings blasting Our Government as We are unwilling to remember yet We suffered them to sit untill themselves desired Us to appoint a time for their Recesse not naming either Adjournment or Prorogation Whereupon by advice of Our Councill We resolved to prorogue and make a Session and to that end prefixed a day by which they might as was meet in so long a Sitting finish some profitable and good Lawes and withall gave order for a gratious Pardon to all Our Subjects which according to the use
it particular It hath been confessed by one that argued on the other side that there is a generall in a particular C. 4. Hollands case there is the most generall and there is generall in particular as the State Ecclesiasticall 3 ly There is more particular as Colledges Deans and Chapters This being in a case of Return upon Habeas Corpus no precise certainty is required In an Indictment a certainty of all circumstances is requisite in Pleading a certainty is required in Counâ—s a more precise certainty in Barrs a certainty to a common intent is enough There is not such precise certainty required here as in Indictment or Count because the party ought to answer unto them nor so much certainty is required in this as in a Bar. And the Return is not incertain for as it is said in Plowden 202. and 193. a thing is incertain where it may be taken indifferently one way or the other But where the intendment the one way exceeds the intendment the other way it is not uncertain as it is here The words are for notable contempts against Us and Our Government for stirring up of sedition against Us Here is certainty of intendment one way There are many Writs which are more uncertain thâ—â— this Return here is yet good The Writ concerning the taking of an Apostate is general Quod spreto habitu Ordinis and yet there are more sorts of Apostasies In the Writ concerning the amoving of a Leper the words are generall and yet it appears by F. N. B. that there are two kinds of Lepers one outward and the other inward and for the latter the Writ concerning amoving a Leper So the Writs concerning the burning of an Heretick and concerning the examining of an Idiot are general and yet there are sundry kinds of Hereticks and Idiots also But it hath been objected that Sedition is not a Law-tearm nor known in the Law of which the Iudges can take no notice but the words to expresse offences of this nature are Murder Treason Felony c. and that no Indictment of Sedition generally was ever seen To this I answer Perhaps it is true that no Indictment was ever seen made because the form of an Indictment is precise words of art are required therein as appears in Dyer 69.261 C. 4. Vaux's case yet in 5 E. 6. Dyer 69. it is said that Furatus implies Felonicè cepit although the contrary hath been objected In a Return words by Periphrasis are sufficient The Warrant of a Iustice of Peace to apprehend I. S. because of prepensed malice interfecit I. D. is good enough although there wants the word murdravit In 5 R. 2. F. tryal 54. Belknap saies That a miscreant shall forfeit his land Out of which it may be gathered that a man may be Indicted for miscreancy And it seems likewise that an Indictment of sedition may be good for in some cases it is Treason I agree Peaks case which hath been obiected that for these words seditious fellow no action lies and so is C. 4.19 b. because those words do not import an act to be done but onely an inclination to do it but if a man say such words of another which import that he hath made sedition they are actionable as it was resolved in Phillips Badby's case 24 Eliz. C. 4.19 a. Thou hast made a seditious Sermon and moved the people to sedition this day adjudged actionable So in the Lord Cromwells C. 4.12 13. the action would have lain for those words You like of those that maintain sedition against the Queens proceedings if there had not been another matter in the case I agree the case of 21 E. 3. Sir John Garboyls case 42. E. 3. for in those cases sedition was only taken adjectively and shewes an inclination onely to do a seditious act in such sense sedition may be applyed to other offences then treason In 31 E. 1. f. gard 157. Gardein in Socage made feofment of land which he had in Ward This is forfeiture saies the Book for the treason which he did to the Ward so there one thing is called treason which is onely a breach of trust In an appeal of Mayhem it is felonicè and yet 6 H. 7.1 it is not Felony But felony is there onely put to expresse the hainousnesse of the offence it is as it were a felony The Statutes of 2 H. 4.1 Mar. 13 Eliz. 35 Eliz. 17 R. 2.3 4 E. 6.14 Eliz. which have been objected have the word Sedition but not applyable to this case Bracton in his Book de Corona saies Si quis c. If any by rash attempt plotting the Kings death should act or cause any to act to the sedition of the Lord the King or of his Army it is treason And Glanvil in as many words saies That to do any thing in sedition of the Kingdom or of the Army is high-treason And Britton fol. 16 It is high treason to â—â—herit the King of the Realm and sedition tendeth to the disheritance of the King for as it hath been said Seditio est quasi seorsum-itio when the people are severed from the King or it is Seperans à ditione when the people are severed from the power of the King And in this sense Sedition is no stranger in our Law and such sedition which severs the people from the King is Treason But it hath been objected that by the Statute of 25 E. 3. the Parliament ought onely to determine what is treason what not To this I answer That upon the said Statute the positive Law had alwaies made explication and exposition Br. treason 24. the words are Compasse or imagine the death of the King and there it is taken that he that malitiously deviseth how the King may come to death by words or otherwise and does an act to explain it as in assaying harnesse this is treason 13 Eliz. Dy. 298. Story 's case he being beyond-sea practised with a forraign Prince to invade the Realm and held treason because invasion is to the perill of the Prince and so within the Statute of 25 E. 3.4 Mar. Dy. 144. The taking of the Castle of Scarborough was treason in Stafford by 30. ass p. 19. which was presently after the making of the Statute of 25 E. 3. A man ought to have been hanged and drawn that brought Letters of Excommengement from the Pope and published them in England And it is to be noted that at the same time there was no Statute to make it treason but upon construction of the said Statute of 25 E. 3 though now it be made treason by the Statute of 13 Eliz. if it be with intention to advance forraigne power Perhaps the sedition mentioned in this Return is high treason and yet the King may make it an offence Finable for he may prosecute the offendor in what course he pleaseth and if it be treason then the prisoners are not baylable by the Statute of Westm. But suppose
and others was now moved by Mason to have the resolution of the Iudges and the Court with one voice said That they are now content that they shall be bailed but that they ought to find Sureties also for the good behaviour And Jones Iustice said that so it was done in the case which had been often remembered to another purpose to wit Russell's case in 9 E. 3. To which Mr. Selden answered with whom all the other Prisoners agreed in opinion That they have the Sureties ready for the bayl but not for the good behaviour and desire that the bayl might first be accepted and that they be not urged to the other Sir Robert Heath the Kings Atturney-generall exhibited Information in this Court against Sir John Eliot Knight Denzill Hollis and Benjamin Valentine Esquires the effect of which was That the King that now is for weighty causes such a day and year did summon a Parliament and to that purpose sent his Writ to the Sheriff of Cornwall to chuse two Knights by vertue whereof Sir John Eliot was chosen and returned Knight for Cornwall And that in the same manner the other Defendants were elect Burgesses of other places for the same Parliament And shewed further that Sir John Finch was chosen for one of the Citizens of Canterbury and was Speaker of the House of Commons And that the said Eliot publickly and malitiously in the House of Commons to raise sedition between the King his Nobles and People uttered these words That the Councill and Judges had all conspired to trample under-foot the Liberties of the Subjects He further shewed that the King had power to call adjourn and dissolve Parliaments And that the King for divers reasons had a purpose to have the House of Commons adjourned and gave direction to Sir Joâ—n Finch then the Speaker to move as adjournment and if it should not be obeyed that he should forthwith come from the House to the King And that the Defendants by confederacy afore-hand spake a long and continued Speech which was recited verbatim in which were divers malitious and seditious words of dangerous consequence And to the intent that they might not be prevented of uttering their premeditate speeches their intention was that the Speaker should not go out of the Chair till they had spoken them the Defendants Hollis and Valentine lay violent hands upon the Speaker to the great afrightment and disturbance of the House And the Speaker being got out of the Chair they by violence set him in the Chair again so that there was a great tumult in the House And after the said speeches pronounced by Sir John Eliot Hollis did recapitulate them And to this information the Defendants have put in a plea to the Iurisdiction of the Court because these offences are supposed to be done in Parliament and ought not to be punished in this Court or in any other but in Parliament And the Atturney-Generall moved the Court to over-rule the plea to the Iurisdiction And that he said the Court might do although he had not demurred upon the plea. But the Court would not over-rule the plea but gave day to joyne in Demurrer this Tearm And on the first day of the next Tearm the Record shall be read and within a day after shall be argued at Barre But Hyde chief Iustice said to the Counsell of the Defendants So far light we will give you This is no new question but all the Iudges of England and Barons of the Exchequer before now have oft been assembled on this occasion and have with great patience heard the Arguments on both sides and it was resolved by them all with one voice That an offence committed in Parliament criminally or contemptuously the Parliament being ended rests punishable in an other Court Jones It is true that we all resolved That an offence committed in Parliament against the Crown is punishable after the Parliament in another Court and what Court shall that be but the Court of the Kings Bench in which the King by intendment sitteth Whitlock The question is now reduced to a narrow room for all the Iudges are agreed That an offence committed in Parliament against the King or his Government may be punished out of Parliament So that the sole doubt which now remains is Whether this Court can punish it And Crook agreed That so it had been resolved by all the Iudges because otherwise there would be a failer of Iustice. And by him If such an offence be punishable in another Court what Court shal punish it but this Court which is the highest Court in the Realm for criminall offences And perhaps not onely criminall actions committed in Parliament are punishable here but words also Mason of Lincolns-Inne argued for Sir John Eliot one of the Defendants The charges in the Information against him are three 1. For speeches 2. For contempts to the King in resisting the Adjournment 3. For conspiracy with the other Defendants to detain Mr. Speaker in the Chair In the discussion of these matters be argued much to the same intent which he had argued before upon an information brought in the Star-Chamber against the same Defendants and others for the same offences therefore his Argument is reported here very briefly 1 st For his speeches They contain matter of accusation against some great Peers of the Realm and as to them he said That the King cannot take notice of them The Parliament is a Councill and the grand Councill of the King and Councills are secret and close none other hath accesse to those Councills of Parliament and they themselves ought not to impart them without the consent of the whole House A Iury in a Leet which is sworn to enquire of offences within the said Iurisdiction are sworn to keep their own counsell so the House of Commons enquire of all grievances within the Kingdom and their counsells are not to be revealed And to this purpose was a Petition 2 H. 4. numb 10. That the King shall not give credit to any private reports of their proceedings To which the King assents therefore the King ought not to give credit to the information of these offences in this case 2 ly The words themselves contain severall accusations of great men and the liberty of accusation hath alwaies been Parliamentary 50 E. 3. Parliament-Roll numb 21. The Lord Latimer was impeached in Parliament for sundry offences 11 R. 2. the Arch-Bishop of York 18 H. 6. numb 18. the Duke of Suffolk 1 Mar. Dy. 93. the Duke of Norfolk 36 H. 6. numb 60. un Uickar Generall 2 3 E. 6. c. 18. the Lord Seymer 18 of King James the Lord of St. Albans Chancellor of England and 21 of King James Cranfield Lord Treasurer and 1 Car. the Duke of Buckingham 3 ly This is a priviledge of Parliament which is determinable in Parliament and not else-where 11 R. 2. numb 7. the Parliament-Roll Petition exhibited in Parliament and allowed by the King That
for none is bound to give credit to such message but when it is under the great Seal it is Teste Meipso and if there was no command then there can be no contempt in the disobedience of that command 3 In this no contempt appears by the Information for the Information is That the King had power to adjourn Parliaments Then put case the command be that they should adjourn themselves this is no pursuance of the power which he is supposed to have The House may be adjourned two waies to wit by the King or by the House it self the last is their own voluntary act which the King cannot compell for Voluntas non cogitur 3 ly For the third matter which is the Conspiracy Although this be supposed to be out of the House yet the Act is legall for Members of the House may advise of matters out of the House for the House it self is not so much for consultations as for proposition of them And 20 H. 6.34 is that Enquests which are sworn for the King may enquire of matters else-where 2 For the Conspiracy to lay violent hands upon the Speaker to keep him in the Chair The House hath priviledge to detain him in the Chair and it was but lightly and softly and other Speakers have been so served 3 The King cannot prefer an Information for trespasse for it is said The King ought to be informed by a Iury to wit by indictment or presentment 4 This cannot be any contempt because it appears not that the House was adjourned and if so then the Speaker ought to remain in the Chair for without him the House cannot be adjourned But it may be objected that the Information is That all these matters were done malitiously and seditiously But to this I answer That this is alwaies to be understood according to the subject matter 15 E. 4. 4. and 18 H. 8.5 A wife that hath title to have Dower agrees with an other to enter which hath right that she against him may recover her Dower This shall not be said Covin because both the parties have right and title 2 It will be objected That if these matters shall not be punishable here they shall be unpunished altogether because the Parliament is determined To this I say That they may be punished in the subsequent Parliament and so there shall be no failer of right And many times matters in one Parliament have been continued to another as 4 E. 3. numb 16. the Lord Barkley's case 50 E. 3. numb 185.21 R. 2. c. 16.6 H. 6. numb 45 46.8 H. 4. numb 12. Offences in the Forrest ought to be punished in Eyre and Eyres oftentimes were not held but every third year C. 9. Epistle and 36 E. 3. c. 10. A Parliament may be every year Errour in this Court cannot be reversed but in Parliament And yet it was never objected that therefore there shall be a failer of Right 25 E. 3. c. 2. If a new case of treason happen which is doubtfull it shall not be determined till the next Parliament So in Westm. 2. c. 28. where a new case happens in which there is no Writ stay shall be made till the next Parliament And yet in these cases there is no failer of Right And so the Iudges have alwaies done in all difficult cases they have referred the determination of them to the next Parliament as appears by 2 E. 3 6 7.1 E. 3.8.33 H. 6.18.5 E. 2. Dower 145. the case of Dower of a Rent-charge And 1 Jac. the Iudges refuse to deliver their opinions concerning the union of the two Kingdoms The present case is great rare without president therefore not determinable but in Parliament And it is of dangerous consequence for 1 by the same reason all the Members of the House of Commons may be questioned 2 The parties shall be disabled to make their defence and the Clerk of Parliament is not bound to disclose those particulars And by this means the debates of a great Councill shall be referred to a petty Iury. And the parties cannot make justification for they cannot speak those words here which were spoken in the Parliament without slander And the Defendants have not means to compell any to be witnesses for them for the Members of the House ought not to discover the counsell of the House So that they are debar'd of justification evidence and witnesse Lastly by this means none will adventure to accuse any offender in Parliament but will rather submit himself to the common danger for for his pains he shall be imprisoned and perhaps greatly fined And if both these be unjust yet the party so vexed can have no recompence Therefore c. The Court The question is not now whether these matters be offences and whether true or false But admitting them to be offences the sole question is Whether this Court may punish them so that a great part of your Argument is nothing to the present question At another day being the next Calthrop argued for Mr. Valentine another of the Defendants 1 st In generall he said for the nature of the crimes that they are of four sorts 1. In Matter 2. In Words 3. By Consent 4. By Letters Two of them are laid to the charge of this Defendant to wit The crune of the Matter and of Consent And of offences Bracton makes some publick some private The offences here are publick And of them some are capitall some not capitall as assault conspiracy and such like which have not the punishment of life death Publick crimes capitall are such as are against the Law of Nature as treason murder I will agree that if they be committed in Parliament they may be questioned else-where out of Parliament But in our case the crimes are not capital for they are assault conspiracy which in many cases may be â—ustified as appears by 22 H. 7. Keilw 92. 2 ass 3 H. 4.10.22 E. 4.43 Therefore this Court shall not have jurisdiction of them for they are not against the Law of Nations of God or Nature And if these matters shal be examinable here by consequence all the actions of Parliament-men may be drawn in question in this Court But it seems by these reasons that this Court shall not have jurisdiction as this case is 1 st Because these offences are justifiable being but the bringing the Speaker to the Chair which also perhaps was done by the Uotes of the Commons but if these matters shall be â—ustified in this Court no tryall can be for upon issue of his own wrong he cannot be tryed because Acts done in the House of Commons are of Record as it was resolved in the Parliament 1 Jac. and 16 H. 7.3 C. 9.31 are that such matters cannot be tryed by the Country And now they cannot be tryed by Record because as 29 H. 8. Dy. 32. is an inferiour Court cannot write to a superiour And no Certiorari lies out of the Chancery to send this here
upon the suddain as occasion is offered And there is no necessity that the King should expect a new Parliament The Lords may grant Commissions to determine matters after the Parliament ended but the House of Commons cannot do so And also a new House of Commons consists of new Men which have no conusance of these offences 1 H. 4. The Bishop of Carlile for words spoken in the Parliament that the King had not right to the Crown was arraigned in this Court of high-treason and then he did not plead his priviledge of Parliament but said That he was Episcopus unctus c. 5 ly 4 H. 8. Strode's case hath been objected But this is but a particular act although it be in print for Rastall intitles it by the name of Strode so the title Body and proviso of the Act are particular 6 ly That this is an inferiour Court to the Parliament therefore c. To this I say That even sitting the Parliament this Court of B. R. and other Courts may judge of their priviledges as of a Parliament-man put in execution c. and other cases It is true that the Iudges have oft-times declined to give their iudgment upon the privileges of Parliament sitting the Court But from this it followes not that when the offence is committed there and not punished and the said Court dissolved that therefore the said matter shall not be questioned in this Court 7 ly By this means the priviledges of Parliament shall be in great danger if this Court may judge of them But I answer That there is no danger at all for this Court may judge of Acts of Parliament 8 ly Perhaps these matters were done by the Uotes of the House or if they be offences it is an imputation to the House to say that they had neglected to punish them But this matter doth not appear And if the truth were so these matters might be given in evidence 9 ly There is no president in the case which is a great presumption of Law But to this I answer That there was never any president of such a fact therefore there cannot be a president of such a judgment And yet in the time of Queen Elizabeth it was resolved by Brown and many other Iustices that offences done in Parliament may be punished out of Parliament by imprisonment or otherwise And the case of 3 E. 3.19 is taken for good Law by Stamf. and Fitzh And 22 E. 3. and 1 Mar. accord directly with it But it hath been objected that there was no plea made to the Iurisdiction But it is to be obser-served that Ployden that was a learned man was one of the Defendanâ—s and he pleaded not to the Iurisdiction but pleaded license to depart And the said Information depended during all the Reigne of Queen Mary during which time there were four Parliaments and they never questioned this matter But it hath been further objected That the said case differs from our case because that there the offence was done out of the House and this was done within the House But in the said case if license to depart be pleaded it ought to be tryed in Parliament as well as these offences here Therefore c. And the same day the Iudges spake briefly to the case and agreed with one voice That the Court as this case is shall have Iurisdiction although that these offences were committed in Parliament Afterwards the Parliament which met the 3d. of Novemb. 1640. upon Report made by Mr. Recorder Glyn of the state of the severall and respective cases of Mr. Hollis Mr. Selden and the rest of the imprisoned Members of the Parliament in tertio Caroli touching their extraordinary sufferings for their constant affections to the Liberties of the Kingdom expressed in that Parliament And upon Arguments made in the House thereupon did upon the 6th of July 1641. passe these ensuing Votes which in respect of the reference they have in these last mentioned proceedings we have thought fit though out of order of time to insert viz. Iuly the 6th 1641. REsolved upon the Question that the issuing out of the Warrants from the Lords and others of the Privy Councill compelling Mr. Hollis and the rest of the Members of that Parliament 3. Car. during the Parliament to appeare before them is a breach of the priviledge of Parliament by those Privy Counsellours Resolved c. That the Committing of Mr. Hollis and the rest â—f the Lords and others of the Privy Councill dureing the Parliament is a breach of the priviledge of Parliament by those Lords and others Resolved c. That the searching and sealing of the Chamber Study and Papers of Mr. Hollis Mr. Selden and Sir Iohn Eliot being Members of this House and dureing the Parliament and issuing of warrants to that purpose was a breach of the priviledge of Parliament and by those that executed the same Resolved c. That the exhibiting of an Information in the Court of Star-Chamber against Mr. Hollis and the rest for matters done by them in Parliament being members of Parliament and the same so appearing in the Information is a breach of the priviledge in Parliament Resolved c. That Sir Robert Heath and Sir Humphrey Davenport Sir Hennage Finch Mr. Hudson and Sir Robert Berkly that subscribed their names to the Information are guilty thereby of the breach of priviledge of Parliament Resolved c. That there was delay of Justice towards Mr. Hollis and the rest that appeared upon the Ha. Corp. in that they were not bayled in Easter and Trinity Tearm 5. Car. Resolved c. That Sir Nicholas Hide then chief Justice of the Kings Bench is guilty of this delay Resolved c. That Sir William Jones then being one of the Justices of the Court of Kings Bench is guilty of this delay Resolved c. That Sir Iames Whitlock Knight then one of the Justices of the Court of Kings Bench is not guilty of this delay Ordered That the further debate of this shall be taken into Consideration on to morrow Morning Iuly the 8th 1641. Resolved upon the Question That Sir George Crook Knight then one of the Judges of the Kings Bench is not guilty of this delay That the continuance of Mr. Hollis and the rest of the Members of Parliament 3. Car. in Prison by the then Judges of the Kings Bench for not putting in sureties of the good behaviour was without just or legall cause That the exhibiting of the Information against Mr. Hollis Sir Iohn Eliot and Mr. Valentine in the Kings Bench being members of Parliament for matters done in Parliament was a breach of the priviledge of Parliament That the over-ruling of the plea pleaded by Mr. Hollis Sir Iohn Eliot and Mr. Valentine upon the Information to the Jurisdiction of the Court was against the Law and priviledge of Parliament That the Judgement given upon a Nihil dicit against Mr. Hollis Sir Iohn Eliot and Mr. Valentine and fine thereupon imposed and
Soldiers commanded not to disband Trade prohibited with Spain Trained Bands exercised Part of Michaelmas Term adjourned The Term at Reading Hopes of a Parliament Sir Edward Cook High Sheriff his exceptions to the Sheriffs Oath The Seal taken from Bishop Willâ—ams sequestred formerly and given to Sir Thomas Coventry A Parliament Summoned Recusants to be Excommunicated The King resolved to leave Mr. Montague to the Parliament Preparations for the Kings Coronation A Proclamation for all that have Forty pound per annum to come and receive the Order of Knighthood A Thanksgiving for the Plagues ceasing Number of those who died of the Plague The Ceremonies at the Kings Coronation Archbish. P.P. The Kings Answer A Second Parliament meets The Lord Keepers Speech Sir Hennage Finch chosen Speaker His Speech Grievances taken into consideration Grievances laid open Articles against Mr Montague People prohibited for going to Mass at Ambassadors Houses The Atturney's Letter to the Judges concerning Recusants The Council of War for the Palatinate questioned in the House of Commons The Earl of Pembroke at a Conference presseth Supply Reports from the Committee concerning Evils and Remedies A Committee of the Lords House to consider of the safety of the Kingdom comunicated to the Commons Not well resented The Kings Letter to the Speaker Sir Richard Westons Message The Commons Answer to the Kings Message by Sir Richard Weston The Kings Reply Doctor Turners Queries against the Duke Another Message from the King by Sir Richard Weston Dr. Turners Explanation Dr. Turners Letter to the Speaker Sir W. Walters opinion of the Cause of Grievances Sir Iohn Eliot pursues the Argument against the Duke Three Subsidies and Three Fifteens Voted Debate concerning the Duke resumed The Kings Speech March 29. The Lord Keepers Speech The King proceeds The Duke at a Conference explains the Kings late Speech and the Lord Keepers Declaration The Duke renders an account of his Negotiation in the Low-Countreys The Lord Conway vindicates the Duke A List of Moneys disbursed for the War The Lords Petition touching Precedency chalenged by Scots and Irish Nobles The Lord Conways Letter to the Earl of Bristol The Earl of Bristols Letter to the Lord Conway The Earl of Bristol petitions the House of Lords The Petition referred to the Committee of Priviledges The Kings Letter to the Earl of Bristol The Earl of Bristol Petitions the Lords upon receipt of his Writ A Message from the King to the House of Lords The Marshal of Middlesex's Petition touching Priests The Commons Remonstrance to the King in Answer to his Majesties and the Lord Keepers Speech The House adjourned for a week Private advice given to the Duke The Bishops commanded to attend the King The Dukes answer to a Message from the Commons reported Glanviles report from the Committee The Kings Message touching new matter against the Duke The Earl of Bristol brought to the bar of the Lords House Articles against the Earl of Bristol The Earl of Bristols expressions at the time of his Accusation The Earl of Bristols speech at the Bar of the Lords House at the delivery of his Articles against the Duke He layes open his Case to the Parliament The Lord Chamberlain attests the truth of what the Earl had said The Earl proceeds The Earl of Bristols Articles against the Duke The Earl of Bristols Articles against the Lord Conway A Message from the King to the Lords concerning Bristol's Articles against the Duke The Reasons The Earl of Bristols Speech by way of Introduction before he gave in his Answer His Service to the Palatinate when he was Ambassador to the Emperor His Service to the Palatinate before his Ambassie to the Emperor His arrival in Spain and behavior there His carriage concerning the Match Means to shew that the Match was intended by the Spaniard Bristol not the cause of the Delays in Spain He never disswaded the King to take Arms. He advised both King and Prince to a Protestant Match He never moved his Majesty to set Priests at liberty A Declaration signed by my Lord Conway in behalf of Roman Catholicks He perswaded not the Prince to change his Religion He advised both King and Prince if they will Match with a Catholick rather to Spain then France but cheifly to a Protestant Princess He constantly professed the Protestant religion King Iames proposeth a Match to the Prince Palatine between his eldest son and the Emperors daughter The Earls Reasons why he was forward to consummate the Match til warrant came to the contrary The restitution of the Palatinate promised by the King of Spain and Olivarez The advantages of the Spanish Match to England The Commons Articles against the Duke His ingrossing many Offices Plurality of Offices His buying of Offices His buying the Cinque 〈◊〉 the Lord Zouch The first Article enlarged by Mr. Herbert The second and third enlarged by him His neglect of guarding the Seas His taking a Ship called St Peter of Newhaven The fourth Article enlarged by Mr Selden The Fifth Articles enlarged by Mr Selden His delivering Ships into the hands of the King of France Those ships to be used to his knowledge against Rochel Mr. Glanvile enlargeth the Sixth Article Mr. Glanvile inlarges the Seventh and Eighth Articles Mr. Pym enlargeth the 11. Article The 10. Article enlarged His imbezling and engrossing the Kings money and Lands Mr Sherland enlarges the Ninth Article He enlargeth the Twelfth Article The Thirteenth Article enlarged by Mr. Wandesford Sir Ioh â—llâ—â—â—â— speech concluding the Dukes Impeachment Sir Iohn Elliot and Sir Dudley Diggs committed to the Tower Private Suggestions to the King in behalf of the Duke Kings Speech concerning the Duke The Commons Message by Sir Nath. Rich to seeure the Duke The Dukes Speech against the Commons The Commons discontented at the imprisonment of their Members Sir Dudley Carleton's Speech The Commons Protestation touching words imputed to Sir Dudley Diggs Sir D. Diggs released out of prison protests he never spake the words charged on him The King is satisfied that the words were not spoken The Duke dissatisfied Thirty six Lords protest they heard not the words supposed to be spoken at a Conference Sâ—r Iohn Elliot is released out of the Tower Is charged by Sir Dudley Carlton for his Speech against the Duke He dischargeth himself The Lords Petition to the King about the Earl of Arundel imprisoned in the time of Parliament The Kings Message to the Lords touching the Earl of Arundel The Lords resolved to maintain their priviledges A Remonstrance and Petition of the Peers in behalf of the Earl of Arundel The Kings first Answer to the Remonstrance and Petition The King promiseth to answer the said Remonstrance The Lords are urgent for an Answer The King returns another Answer to the Lords touching the Remonstrance Another Petition to the King touching the Earl of Arundel The King takes exception at the Petition The Lords desire to know of his Majesty to what part of the Petition he takes
hear one day So when your Soveraign in the Parliament time had spoken sharply to both Houses commanding them to go together again and to give more money and commanding them to meddle no more with the Duke of Buckingham you came the next day and thought to smooth all taking the glory of qualifying disturbances to your self whereas if you had read Books of true State Government wherewithal you are not acquainted sweet things are personally to be acted by Kings and Princes as giving of Honors and bestowing of noted benefits and those things that are sour and distasting are to be performed by their Ministers you go the contray way But as before the whole House falleth on fire some sparks do flie out So before the Message of the King was brought me by the Secretary there were some inklings that such a thing would follow And upon the naming of me by occasion it was said by a Creature of the Dukes That it would not be long before the Archbishop should be sequestred that was the word So well acquainted are the Dukes followers with great actions that are likely to fall out in State Accordingly on Tuesday the Fist of Iuly One thousand six hundred twenty and seven the Lord Conway came unto me to Croyden before Dinner time having travelled as he said a long journey that morning even from Oatlands thither he would say nothing till he had dined then because he was to return to Oatlands that night I took him into the Gallery and when we were both sat down we fell to it in this manner MY Lord I know you coming from Court have somewhat to say to me Secretary It is true my Lord and I am the most unwilling man in the World to bring unpleasing news to any person of quality to whom I wish well and especially to such a one as of whose Meat I have eaten and been merry at his House But I come from the King and must deliver his pleasure I know who you are and much more with very civil language Archb. I doubt not my Lord but you have somewhat to say and therefore I pray you in plain terms let me have it Secre. It is then his Majesties pleasure that you should withdraw your self unto Canterbury for which he will afford you some convenient time Archb. Is that it then I must use the words of the Psalmist He shall not be afraid of any evil tydings for his heart standeth fast and believeth in the Lord. But I pray you what is my fault that bringeth this upon me Secre. The King saith you know Archb. Truly I know none unless it be that I am lame which I cannot help it is against my will and I am not proud of it Secre. The King bad me tell you That if any expostulation were used Archb. No I will not use any expostulation if it be his pleasure I will obey I know my self to be an honest man and therefore fear nothing But my Lord do you think it is for the Kings service in this sort to send me away Secre. No by God! I do not think it and so yesterday I told the King with an Oath but he will have it so Archb. I must say as before He shall not be afraid of any evil tidings for his heart standeth fast and he believeth in the Lord. But I pray you my Lord is the King precisely set upon my going to Canterbury there are questions in Law between me and that Town about the Liberties of my Archbishoprick which I by my Oath am bound to maintain and if I should be among them I have many Adversaries of the Citizens I have there some Tenants and the Dean and Chapter are interessed in the Question I would be unwilling that my Servants and their people should fall together by the ears while I am in the Town His Majesty knoweth this difference to be between us by the token that a Suit which I lately brought against them by a Quo Warranto in the Kings Bench was stopped Justice being denied me which is not usual to be denied to any Subject and the King well knoweth by whose means it was stayed I have therefore another House called Foord Five Miles beyond Canterbury and more out of the way his Majesty may be pleased to let me go thither Secre. I can say nothing to that but I will acquaint the King with it and I conceive nothing to the contrary but that his Majesty will yield so much unto you I have a second Charge to deliver unto you and that is That his Majesty will not have you from henceforth to meddle with the High Commission he will take care that it shall be done otherwise Archb. I do not doubt but it shall be better managed then it hath been by me And yet my Lord I will tell you that for these many years that I have had the direction of that Court the time is to come that ever honest man did finde fault that he had not there Justice done Secre. It is now Vacation time and so consequently little to do and by Michaelmas his Majesty may set all in order Archb. I am sorry that the King proceedeth thus with me and letteth me not know the cause Secre. Although I have no Commission to tell you so it is for a Book which you would not allow which concerned the Kings Service Archb. If that be it when I am questioned for it I doubt not but to give an honest Answer Secre You will never be questioned for it Archb. Then am I the more hardly dealt withal to be censured and not called to my Answer Secre. Well my Lord I will remember that of Foord and will your Grace command me any more Service Archb. No my Lord but God be with you onely I end where I began with the words of the Prophet He shall not be afraid for any evil tydings for his heart standeth fast and believeth in the Lord. It comforted me not a little that the word was now out My confining must be for not allowing of a Book I had much ado to forbear smiling when I heard it because now it was clear it was not for Felony or Treason that was laid to my charge nor for intelligence with the Spaniards or French nor for Correspondency with Jesuites or Seminary Priests or any other grievous crime I thank God for that I had almost forgotten that among many other memorable Speeches that passed between us I used this one That peradventure the King might be offended at me because I was no more present at the matter of the Loan but said I my lameness hindered me therein and I hoped thereby to do my Master better service because if ever course be taken to reconcile the King and his people which if it be not this Kingdom will rue it in the end I would hope among many other to be a good Instrument therein since my hand hath not been in those bitternesses which
have of late faln out You say well saith the Secretary Would you that I should tell the King so much Yea said I if you please I hold it not unfit that his Majesty should know it What he reported therein I do not know but matters proceeded in the former course as if there were no regard had of any such thing The Lord Conway being gone from me for two or three days I expected to hear the resolution to what place in Kent I should betake my self and receiving no news I tossed many things in my minde as perhaps that the King desired to hear somewhat from the Duke how he sped in his journey or that peradventure he might alter his purpose upon report of my ready obeying or that it might so fall out that some of the Lords at the Court understanding upon the Secretaries return from Croyden that which was formerly concealed from them might infuse some other Councils into the King These thoughts I revolved at last not forgetting the courses of the Court and imprinting that into my heart That there was no good intended towards me but that any advantage would be taken against me I sent a man to Whitehal whether the King was now come for a night or two and by him I wrote to the Lord Conway in these words My very good Lord I Do not forget the Message which you brought unto me on Thursday last and because I have heard nothing from you since that time I send this Messenger on purpose to know what is resolved touching the House or Houses where I must remain there belong to the Archbishoprick three Houses in Kent one at Canterbury another Five Miles beyond called Foord and a third on the side of Canterbury but two Miles of the name whereof is Becksburn I pray your Lordship to let me know his Majesties pleasure Whether he will leave the choice of any of those Houses to me to reside in I have reason to know the resolution hereof because I must make my Provision of Wood and Coals and Hey for some definite place and when I shall have brewed it is fit I should know where to put it or else it will not serve the turn It is an unseasonable time to Brew now and as untimely to cut Wood being green in the highest degree and to make Coals without all which my House cannot be kept But when I shall know what must be my Habitation I will send down my Servants presently to make the best Provision that they can And so expecting your Lordships Answer I leave you to the Almighty and remain Your Lordships very loving Friend G. Cant. Croyden Iuly 10. 1627. He made my Servant stay and when he had gone up to know the Kings further pleasure he returned me the Answer following May it please your Grace I Am ashamed and do confess my fault that I wrote not to your Grace before I received your Reproof though a Gratious one but in truth I did not neglect nor forget But the continual oppression of business would not permit me to advertise to your Grace the Kings Answer His Majesty heard seriously your Professions and Answers and commanded me to signifie unto you That he knew not the present differences between you and the Town and if he had he would not have cast you into that inconvenience He was well pleased you should go to your house at Foord and said He did not expect when the Question was ended between your Grace and the Town that you should go to Canterbury And he further said He would not tye you to so short a time as might be any way inconvenient but doth expect that your Grace will govern it so as his Majesty shall not need to warn you a second time I will not fail to move his Majesty to give you Liberty to chuse either of your Houses you name and give you knowledge of his pleasure and in all things be ready to obey your Commandments or take occasion to serve you in the condition of Your Graces most humble Servant Conway Whitehal Iuly 10. 1627. I could not but observe therein that passage That the King doth expect that your Grace will govern it so as his Majesty shall not need to warn you a second time I needed no Interpreter to expound those words and therefore did take order that one of my Officers was presently dispatched unto Foord to see the House ready While Necessaries were caring for and I lay for some days at Croyden and afterwards at Lambeth the City of London was filled with the Report of my confining for so they did term it and divers men spake diversly of it I will not trouble my self to mention some idle things but some other of them require a little consideration A main matter that the Duke was said to take in ill part was the resort which was made to my House at the times of Dinner and Supper and that oftentimes of such as did not love him My Answer unto that is That by Nature I have been given to keep a House according to my Proportion since I have had any means and God hath blessed me in it That it is a property by Saint Paul required in a Bishop That he should be given to Hospitality that it is another of his Rules Let your Conversation be without Covetousness and those things I had in mine eyes Besides I have no Wife nor Childe and as for my Kinred I do that for them which I hold fit but I will not rob the Church nor the Poor for them Again It is so rare a fault in these days that men not feeding on the Kings Meat but of their own charge should frankly entertain their Friends when they come unto them that I deserve to be pardoned for it But this is not all When King Iames gave me the Bishoprick he did once between him and me and another time before the Earl of Salisbury charge me that I should carry my House Nobly that was his Majesties word and live like an Archbishop which I promised him to do And when Men came to my House who were of all civil sorts I gave them friendly entertainment not sifting what exceptions the Duke made against them for I knew he might as undeservedly think ill of others as he did of me But I meddled with no mans quarrels and if I should have received none but such as cordially and in truth had loved him I might have gone to Dinner many times without company There frequented me Lords Spiritual and Temporal divers Privy Counsellors as occasion served and Men of the highest rank where if the Duke thought that we had busied our selves about him he was much deceived Yet perhaps the old saying is true That a Man who is guilty of one Evil to himself thinketh that all men that talk together do say somewhat of him I do not envy him that happiness but let it ever attend him As for