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
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
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
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
the Ambassadors person as some are said to have done yet for using railing speeches against him calling him Divel or words to that purpose it was His Majesties pleasure that that fellow without any further delay on the morrow in the forenoon be publickly and sharply whipt thorow London beginning at Algate and so through the streets along by the place where the affront was offered towards Fleetstreet and so to Temple-Bar without any manner of favor The people were enraged at Gondomar through a perswasion that he abused the King and State to advance the designs of Spain By means of his power with the King he had transported Ordinance and other warlike Provisions to furnish the Spanish Arsenals and it was believed that he underhand wrought the sending of Sir Rob. Mansel into the Mediterranean Sea to fall upon the Pirates of Algier The Merchants of this Kingdom by them much infested being also induced to move for this Expedition wherein the English fleet performed gallantly and advancing within the reach of Cannon and small shot which from the Land showred like Hail upon them fired the Pirates ships within their own Harbor Nevertheless hereby our Strength was diverted our Treasure exhausted and the Spanish fleet and Merchants secured from those Robbers and Spain left at liberty to assist in subduing the Palatinate In the mean while our Kings Affairs in Germany notwithstanding the many Complaints grew more and more desperate In Bohemia the Emperor having well nigh subdued and setled the Country proceeded to the Tryal and Execution of the Authors of the late Commotions some were condemned to perpetual imprisonment and others to death and the Heads of many eminent persons were fixt on the Towers in Prague and their bodies quartered After this the Emperor began both in Austria and Hungaria to imprison divers that assisted the Bohemians and caused Proces to be made against them The Marquess of Iagerndorfe who stirred in the County of Glatsburgh and raised forces by Commission from the Elector Palatine published Letters against the Executions in Bohemia as cruel and barbarous The Emperor put forth an Answer and said That the Marquess published those things maliciously forasmuch as in Bohemia was the Original sedition and the head that infected the members That some few persons Authors of the troubles not in hatred of their Religion but for their Rebellion have been punished by the hand of Justice And he declared further That the like exemplary Justice should not be done in other places but that the Articles of the Peace should be observed By this time the Parliament having sate about four moneths King Iames was desirous to give them a time of vacancie The Lord Treasurer by the Kings command declared unto the Houses That his Majesty by the advice of his Privy Council thought fit to adjourn the Parliament lest the season of the year by the continual concourse of people should cause Infection Also that the Lieutenans and Justices might be in the Country And the Adjournment keeping the Parliament still in being was better then Proroguing That his Majesty had already redressed corruption in Courts of Justice and by his Proclamation called in the Patents of Inns of Osteries and of Gold and Silver-Thread and cherished the Bill against Informers and Monopolies The Commons were troubled at this Message and desired a Conference with the Lords and moved them to petition the King to forbear the Adjournment The King takes notice of it and the Treasurer acquainted the Lords that a Petition of this nature could not be pleasing to his Majesty it seeming to derogate from his Prerogative who alone hath power to call adjourn and determine Parliaments The Commons at a further Conference declared their hearty sorrow and passionate grief at the Kings resolution which they said cut off the performance of what they had consulted and promised for the Publique weal. The Lords sitting in their Robes the King came and made a Speech takes notice of his Message to both Houses and gave their Lordships thanks for obeying the same and acknowledging his power to call adjourn and dissolve Parliaments and for refusing to join with the Commons in the Petition for Non-adjournment And whereas some had given out that no good had been done this Parliament He put them in mind that the two Patents grievous to the Commonwealth were called in and that the Parliament had censured the Offenders for an example to all ages And if they desired it he offered them eight or ten days longer sitting to expedite Bills but said that at the request of the Commons he would not grant it The Lords had a Conference with the Commons after which they moved the King to continue their sitting for fourteen days which was granted and the Commons were satisfied with the resolution of Adjournment A Committee of both Houses afterwards attending the King he told them how ill he took it that the Commons should dispute his reasons of Adjournment all power being in him alone to call adjourn prorogue and dissolve Parliaments And on Iune 4. he declared for an Adjournment till November following And that he will in the mean time of his own authority redress Grievances And his Majesty as General Bishop of the Land did offer his prayers to God for both the Houses and admonished them That when they go into the Country they give his people a good accompt and satisfaction both as to the Proceedings and to the Adjournment of the Parliament The House of Commons immediately before their recess taking to heart the miseries of the Palatinate resolved that the drawing back in so good a Cause should not be charged on their slackness And thereupon drew up this following Declaration with an universal consent THe Commons assembled in Parliament taking into most serious consideration the present state of the Kings Children abroad and the generally afflicted estate of the true Professors of the same Christian Religion professed by the Church of England in Foreign parts And being touched with a true sense and fellow féeling of their distresses as Members of the same Body do with unanimous consent in the name of themselves and the whole body of the Kingdom whom they represent declare unto his most excellent Majesty and to the whole World their hearty grief and sorrow for the same and do not only join with them in their humble and devout prayers unto Almighty God 〈◊〉 protect his true Church and to avert the dangers now threatned but also with one heart and voice do solemnly protest That if His Maiesâ—â—â— pious endeavors by Treaty to procure their peace and safety shall not take that good effect which is desired in Treaty Wherefore they humbly beseech His Majesty not to suffer any longer delay That then upon signification of His Majesties pleasure in Parliament they shall be ready to the utmost of their powers both with their lives and fortunes to assist him so as that by the Divine
outward practices and no secret motions of the Conscience are adjudged by the Laws of England to be meerly Civil and Political and are excluded by the Letter from the benefit of those Writs But because the peoples mouths were open and some Preachers were too busie and the Puritan party increased the King gave directions for the regulation of the Ministry in his Letters to the Lord Archbishop of Canterbury MOst Reverend Father in God Right trusty and intirely beloved Counsellor we greet you well Forasmuch as the abuses and extravagancies of Preachers in the Pulpit have been in all times suppressed in this Realm by some Act of Council or State with the Advice and Resolution of grave and learned Prelates insomuch that the very Licencing of Preachers had beginning by an Order of Star-Chamber the Eighth day of July in the Nineteenth year of the Reign of King Henry the Eighth our Noble Predecessor And whereas at this present divers yong Students by reading of late Writers and ungrounded Divines do broach many times unprofitable unsound seditious and dangerous Doctrines to the scandal of the Church and disquiet of the State and present Government We upon humble Representations unto us of these Inconveniencies by your self and sundry other grave and reverend Prelates of this Church as also of our Princely care and zeal for the extirpation of Schism and Dissention growing from these Seeds and for the settling of a religious and peaceable Government both in Church and Commonwealth Do by these our special Letters straitly charge and command you to use all possible care and diligence that these Limitations and Cautions herewith sent unto you concerning Preachers be duly and strictly from henceforth put in practice and observed by the several Bishops within your Iurisdiction And to this end our pleasure is that you send them forthwith Copies of these Directions to be by them speedily sent and communicated unto every Parson Vicar Curate Lecturer and Minister in every Cathedral or Parish Church within their several Diocesses and that you earnestly require them to employ their utmost endeavors in the performance of this so important a business letting them know That we have a special eye unto their proceedings and expect a strict accompt thereof both from you and every of them And these our Letters shall be your sufficient Warrant and Discharge in that behalf Given under our Signet at our Castle of Windsor c. Directions concerning Preachers sent with the Letter I. THat no Preacher under the Degree and Calling of a Bishop or Dean of a Cathedral or Collegiat Church and they upon the Kings days and set Festivals do take occasion by the expounding of any Text of Scripture whatsoever to fall into any set discourse or common place otherwise then by opening the Coherence and Division of the Text which shall not be comprehended and warranted in Essence Substance Effect or Natural inference within some one of the Articles of Religion set forth One thousand five hundred sixty and two or in some of the Homilies set forth by Authority of the Church of England Not onely for a help for the Non-Preaching but withal for a pattern and boundary as it were for the Preaching Ministers And for their further Instructions for the performance hereof that they forthwith read over and peruse diligently the said Book of Articles and the two Books of Homilies II. That no Person Vicar Curate or Lecturer shall Preach any Sermon or Collation hereafter upon Sundays and Holidays in the afternoon in any Cathedral or Parish Church throughout the Kingdom but upon some part of the Catechism or some Text taken out of the Creed Ten Commandments or the Lords Prayer Funeral Sermons onely excepted And that those Preachers be most encouraged and approved of who spend the Afternoons Exercise in the Examination of Children in their Catechism which is the most antient and laudable custom of Teaching in the Church of England III. That no Preacher of what Title soever under the degree of a Bishop or Dean at the least do from henceforth presume to Preach in any Popular Auditory the deep points of Predestination Election Reprobation or of the Universality Efficacy Resistibility or Irresistibility of Gods Grace but leave those Themes rather to be handled by the Learned Men and that Moderately and Modestly by way of Use and Application rather then by way of Positive Doctrines being fitter for the Schools then for simple Auditories IV. That no Preacher of what Title or Denomination soever from henceforth shall presume in any Auditory within this Kingdom to declare limit or bound out by way of Positive Doctrine in any Lecture or Sermon the Power Prerogative and Jurisdiction Authority or Duty of Sovereign Princes or otherwise meddle with matters of State and the differences between Princes and the people then as they are instructed and presidented in the Homilies of Obedience and the rest of the Homilies and Articles of Religion set forth as before is mentioned by Publick Authority but rather confine themselves wholly to those two heads of Faith and good Life which are all the Subject of the Antient Sermons and Homilies V. That no Preacher of what Title or Denomination soever shall presume causelesly or without invitation from the Text to fall into bitter Invectives and undecent railing Speeches against the persons of either Papists or Puritans but modestly and gravely when they are occasioned thereunto by the Text of Scripture free both the Doctrine and the Discipline of the Church of England from the aspersions of either Adversary especially where the Auditory is suspected to be tainted with the one or the other infection VI. Lastly That the Archbishops and Bishops of the Kingdom whom his Majesty hath good cause to blame for their former remissness be more wary and choice in their Licencing of Preachers and revoke all Grants made to any Chancellor Official or Commissary to pass Licences in this kinde And that all the Lecturers throughout the Kingdom of England a new body severed from the Antient Clergy as being neither Parsons Vicars nor Curates be Licenced hence-forward in the Court of Faculties by Recommendation of the party from the Bishop of the Diocess under his Hand and Seal with a Fiat from the Lord Archbishop of Canterbury a Confirmation under the Great Seal of England And that such as do transgress any one of these Directions be suspended by the Bishop of the Diocess or in his Default by the Archbishop of the Province Ab officio beneficio for a year and a day until his Majesty by the Advice of the next Convocation shall prescribe some further punishment These Directions were warily communicated by the Archbishop of Canterbury to the Bishops within his Province The King lost no time in pursuing the Match with Spain but the Dispensation from Rome which was the Key of the business had long lain in a kinde of Dead-Palsie till the new King of Spain had by a
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
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
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
friendship to him The Conde replied short That he accepted of what he had spoken The Duke departing with so little satisfaction the Spaniards concluded that he would endeavor by all means possible to hinder the Marriage But the Prince for his part had gained an universal love and was reported by all to be a truly Noble discreet and well-deserving Prince his grave comportment suited with the very genius of that Nation and he carried it from the first to the last with the greatest affability gravity and constancy and at his farewel with unparallel'd bounty and he left behinde him Gems of inestimable value for the Infanta and several Grandees His departure from Madrid being the Twelfth of September was very solemn the Queen and the Infanta were prepared in great magnificence with a Train of Grandees and Ladies to receive his farewel And among other passages this one was taken to be an Argument of the Infanta's real love to the Prince That she caused many divine duties to be performed for the safety of his return into England The King brought him on his way to the Escurial and there feasted him and at the Minute of parting declared the Obligation which the Prince had put upon him by putting himself into his hands a thing not usual with Princes and he protested That he earnestly desired a nearer Conjunction of Brotherly affection for the more intire unity betwixt them The Prince replying to him magnified the high favors which he found during his abode in his Court and presence which had begotten such an estimation of his worth that he knew not how to value it but he would leave a Mediatrix to supply his own defects if he would make him so happy as to continue him in the good opinion of her his most fair and most dear Mistress From thence he was attended with a Train of Spanish Courtiers to the English Navy where he feasted the Dons aboard his own Ship and when he was bringing them back to shore there arose a furious storm wherewith the Barge was so driven that it could neither fetch the Land nor make to the Ships again The night came on and the tempest and darkness meeting made their condition desperate till at length espying a light from a Ship near which the winds had driven them they made towards it and then with extream hazard were reimbarqued It was observed That the first words his Highness spake after he was embarqued were That it was a great weakness and folly in the Spaniard after they had used him so ill to grant him a free departure The Prince arived at Portsmouth October the Fifth and no sooner was he landed but it appeared that he was the Kingdoms darling the peoples hearts did burn to see him and unanimously praised God without any Publick Edict of Thanksgiving Publick Societies and private Families every where abounded in all expressions both of Religious and Civil rejoycing When he entred London the Bonfires which the peoples universal joy had kindled seemed to turn the City into one flame Immediately after the Princes departure from the Court of Spain a rumor was spread that the Ratification was come from Rome and that it came plenary and absolute By which means the Princes private Instructions were anticipated by the Earl of Bristol for the Iuncto pretended full Warrant to proceed and summoned the Earl of Bristol to attend them and earnestly pressed him That the Articles might speedily be ingrossed and signed Hereupon the party in whose hands the Prohibition left by the Prince lay dormant either conceiving the Ratification to be come indeed or apprehending that it was the Princes meaning to prevent the sudden concluding of matters delivered to Bristol that Letter of private Instructions the very day that the Prince arived at St. Andero In reading it the Earl was troubled exceedingly and said to the other That it must for a time be concealed lest the Spaniards coming to the knowledge of it should give order to stay the Prince It vexed Bristol that his building of so many years should at once be pulled in sunder He resolves to wave this private Order and if the Ratification came to deliver the Proxies and to support himself by his Publick Warrant under the Great Seal of England Now the Prince and Duke being jealous that Bristol would counter-work them left Sir Walter Aston joyned in Commission with him and acquainted Aston that the Princes meaning was never to Match there without the restitution of the Palatinate and the conservation of his Honor in all respects intire Immediately the Earl of Bristol sent dispatches into England laboring to satisfie the King and Prince in all things touching the Marriage And shewing that he had exactly set down the Case how a Woman betrothed may before the consummation of Marriage betake her self to a Religious life and all the sorts of Security for the preventing of such a course and that the King of Spain his Sister and all his Ministers do offer all security that may stand with decency and honor for the performance of the whole agreement And though the point of portion were a tough and knotty peece yet when by the original Papers and Consulto's of the last King the Iuncto found it to be no less then Two Millions they resolved to make it good notwithstanding they alleadged that this sum was four times as much as ever was given in Money with any Daughter of Spain Moreover he did woo the Prince by argument That as the King his Father so himself had thought this to be the fittest Match in all the World And though the Spaniards had committed many Errors yet he had already passed them by and overcome the main difficulties That by his Journey he had satisfied himself of the Infanta's person who for her birth and portion was no where to be matched and for her vertue and setled affection to his Highnesses person deserved him better then any Woman in the World That the Match was sure the Portion and Temporal Articles now setled but the delay of the Desponsorios will grieve the Princess and bring a cloud of distrust and jealousie upon the whole business The personal distastes of Ministers indiscreet and passionate carriages should not hazard that which hath been brought to the present State with so much cost and pains and patience and which being well accomplished will procure so much good to the Christian World and contrariwise so much trouble and mischeif if it should miscarry and break to peeces Now upon these Grounds and Motives he made intreaty That with all speed a Post might be sent unto him bringing Authority to deliver the Powers upon the arival of the Dispensation But the Prince and Buckingham made haste to engage the King and making a plausible Narration of their own proceedings the Spaniards delays and Bristols miscarriages drew him to alter the whole state of the Treaty Hereupon the King sends an
I deserved better at their hands After this the King purposing to signifie to the King of Spain That his Parliament had advised him to break off the Treaties and to recover the Palatinate by War The notice of a sharp Petition against Popish Recusants framed by the House of Commons and sent up to the Lords for their Concurrence did a little stagger his Resolution as appeareth by the following Letter written with his own hand to Secretary Conway I Doubt not but you have heard what a stinging Petition against the Papists the Lower House have sent to the Higher House this day that they might joyntly present it unto me Ye know my firm resolution not to make this a War of Religion and seeing I would be loth to be Coney-catched by my people I pray you stay the Post that is going to Spain till I meet with my Son who will be here to morrow morning Do it upon pretext of some more Letters ye are to send by him and if he should be gone hasten after him to stay him upon some such pretext and let none living know of this as you love me And before two in the afternoon to morrow you shall without fail hear from me Farewell James R. The Petition which the King called a stinging one was intended to be presented to his Majesty from both Houses in form as followeth May it please your most Excellent Majesty WE your Majesties most humble and Loyal Subjects the Lords and Commons in this present Parliament assembled having to our singular Comfort received your Princely Resolution upon our humble Petition to dissolve the two Treaties of the Match and of the Palatinate and having on our parts with all alacrity and readiness humbly offered our assistance to your Majesty to maintain the War which may ensue thereupon Yet withal sensibly finding what Seditious and Traiterous Positions those Incendiaries of Rome and professed Engines of Spain the Priests and Iesuites infuse into your natural born Subjects what numbers they have seduced and do daily seduce to make their dependance on the Pope of Rome and King of Spain contrary to their Allegiance to your Majesty their Liege Lord What daily resort of Priests and Iesuites into your Kingdoms what Concourse of Popish Recusants much more then usual is now in and about the City of London what boldness yea what insolency they have discovered out of the opinion conceived of their foreign Patronage what publick resort to Masses and other Exercises of the Popish Religion in the houses of foreign Ambassadors there is daily to the great grief and offence of your good Subjects what great preparations are made in Spain sit for an Invasion the bent whereof is as probable to be upon some part of your Majesties Dominions as upon any other place what encouragement that may be to your Enemies and the Enemies of your Crown to have a party or but the opinion of a party within your Kingdoms who do daily increase and combine themselves together for that purpose what disheartening of your good and loving Subjects when they shall see more cause of fear from their false-hearted Countreymen at home then from their professed Adversaries abroad what apparent dangers by Gods providence and your Majesties wisdom and goodness they have very lately escaped which the longer continuance upon those Treaties upon such unfitting Conditions fomented by your own ill-affected Subjects would surely have drawn upon your Majesty and your State Do in all humbleness offer unto your sacred Majesty these their humble Petitions following I. That all Iesuites and Seminary Priests and all others having taken Orders by any Authority derived from the Sea of Rome may by your Maiesties Proclamation be commanded forthwith to depart out of this Realm and all other your Highness ' s. Dominions and neither they nor any other to return or come hither again upon peril of the severest penalty of the Laws now in force against them and that all your Majesties Subjects may hereby also be admonished not to receive entertain comfort or conceal any of that viperous brood upon penalties and forfeitures which by the Lawes may be imposed upon them II. That your Majesty would be pleased to give streight and speedy charge to the Iustices of Peace in all parts of this Kingdom that according to the Laws in that behalf made and the Orders taken by your Majesties Privy-Councel heretofore for policy of State they do take from all Popish Recusants legally convicted or justly suspected all such Armor Gunpowder and Munition of any kinde as any of them have either in their own hands or in the hands of any other for them and to see the same safely kept and disposed according to the Law leaving for the necessary defence of their house and persons so much as by the Law is prescribed III. That your Majesty will please to command all Popish Recusants and all other who by any Law or Statute are prohibited to come to the Kings Court forthwith under pain of your heavy displeasure and severe Execution of your Laws against them to retire themselves their wives and families from or about London to their several dwellings or places by your Laws appointed and there to remain confined within five miles of their dwelling places according to the Lawes of this your Realm And for that purpose to discharge all By-past Licences granted unto them for their repair hither And that they presume not any time hereafter to repair to London or within ten miles of London or to the Kings Court or to the Princes Court wheresoever IV. That your Majesty would forbid and restrain the great resort and concourse of your own Subjects for the hearing of Masse or other Exercises of the Romish Religion to the houses of foreign Ambassadors or Agents residing here for the service of their several Princes or States V. That where of late in several Counties in this Realm some have been trusted in the places of Lord-Lieutenants Deputy-Lieutenants Commissioners of Oyer and Terminer Iustices of Peace and Captains of their Countries which are either Popish Recusants or Non-Communicants by the space of a year now last past or which do not usually resort to the Church to Divine service and can bring no good Certificate thereof that your Majesty would be pleased to discharge them from these places of trust by which they have that power in the Countrey where they live as is not fit to be put into the hands of persons so affected VI. That your Majesty would be pleased generally to put the Lawes in due Execution which are made and stand in force against Popish Recusants And that all your Iudges Iustices and Ministers of Iustice to whose care these things are committed may by your Maiesties Proclamation be commanded to do their duty therein VII That seeing we are thus happily delivered from that danger which these Treaties now dissolved and that use which your ill-affected Subiects made thereof would certainly have
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
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
That Images may be used for the instruction of the Ignorant and excitation of Devotion V. That in the same Homily it is plainly expressed That the attributing the defence of certain Countries to Saints is a spoiling God of his honor and that such Saints are but Dii tutelares of the Gentiles Idolators The said Richard Montague hath notwithstanding in his said Book Entituled A Treatise concerning the Invocation of Saints affirmed and maintained That Saints have not onely a Memory but a more peculiar Charge of their Friends and that it may be admitted That some Saints have a peculiar Patronage Custody Protection and Power as Angels also have over certain Persons and Countries by special deputation and that it is no impiety so to believe Whereas in the seventeenth of the said Articles it is resolved That God hath certianly Decreed by his Counsel secret to us to deliver from Curse and Damnation those whom he hath chosen in Christ out of mankinde and to bring them by Christ to everlasting Salvation wherefore they which be endued with so excellent a benefit of God be called according to Gods purpose working in due season they through Grace obey the Calling they be justified freely walk Religiously in good works and at length by Gods mercy attain to everlasting felicity He the said Richard Montague in the said Book called The Appeal doth maintain and affirm That men justified may fall away and depart from the state which once they had they may arise Again and become new men possibly but not certainly nor necessarily and the better to countenance this his opinion he hath in the same Book wilfully added falsified and charged divers words of the sixteenth of the Articles before mentioned and divers other words both in the Book of Homilies and in the Book of Common-Prayer and so misrecited and changed the said places he doth alleadge in the said Book called The Appeal endeavouring thereby to lay a most wicked and malicious scandal upon the Church of England as if he did herein differ from the Reformed Churches of England and from the Reformed Churches beyond the Seas and did consent to those pernitious Errors which are commonly called Arminianism and which the late famous Queen Elizabeth and King Iames of happy memory did so piously and diligently labour to suppress That the said Richard Montague contrary to his Duty and Allegiance hath endeavored to raise great Factions and Divisions in this Common-wealth by casting the odious and scandalous name of Puritans upon such his Majesties loving Subjects as conform themselves to the Doctrine and Ceremony of the Church of England under that name laying upon them divers false and malicious Imputations so to bring them into jealousie and displeasure with his most Excellent Majesty and into reproach and ignominy with the rest of the people to the great danger of Sedition and Disturbance in the State if it be not timely prevented That the Scope and end of the said Richard Montague in the Books before mentioned is to give encouragement to Popery and to withdraw his Majesties Subjects from the true Religion established to the Roman Superstition and consequently to be reconciled to the Sea of Rome All which he laboreth by subtile and cunning ways whereby Gods True Religion hath been much scandalized those Mischiefs introduced which the wisdom of many Laws hath endeavored to prevent the Devices and Practices of his Majesties Enemies have been furthered and advanced to the great peril and hazard of our Soveraign Lord the King and of all his Dominions and loving Subjects That the said Richard Montague hath inserted into the said Book called The Appeal divers passages dishonorable to the late King his Majesties Father of famous memory full of bitterness railing and injurious Speeches to other persons disgracefull and contemptible to many worthy Divines both of this Kingdom and of other Reformed Churches beyond the Seas impious and profane in scoffing at preaching meditating and conferring Pulpits Lectures Bible and all shew of Religion all which do aggravate his former Offences having proceeded from malicious and envenomed heat against the Peace of the Church and the sincerity of the Reformed Religion publickly professed and by Law established in this Kingdom All which Offences being to the dishonor of God and of most mischievous effect and consequence against the good of this Church and Commonwealth of England and of other his Majesties Realms and Dominions The Commons assembled in Parliament do hereby pray That the said Richard Montague may be punished according to his Demerits in such exemplary manner as may deter others from attempting so presumptuously to disturb the Peace of Church and State and that the Book aforesaid may be suppressed and Burnt Whether an Answer was made to these Articles by Mr Montague we cannot tell for upon search we can finde none About the same time his Majesty being informed that there was great liberty taken by divers of his Subjects to resort to the hearing of Masse at Durham-house in the Lodgings of a Foraign Ambassodor the Privy Council taking notice thereof and accounting it scandalous to this Church and of ill example to be suffered at any time but much more in this time of Parliament required the Bishop of Durham to apprehend such of his Majesties Subjects as should be present at the Masse and to commit them to Prison There was also a Letter sent from the Attorney-General to the Judges of the Circuits to direct their Proceedings against Recusants to this effect THat their Lordships will not omit to publish the Kings Gracious and Religious Determination to go on really and constantly in this way and that out of his bounty and goodness he hath published his Resolution under the Great Seal of England That whatsoever Revenue or Benefit shall arise hereby from Purses of Popish Recusants shall be set apart from his own Treasure and be wholly imployed for the Service of the Commonwealth and shall not be dispensed with to any of what degree soever nor diverted by any the Suits of his Servants or Subjects 2. That their Lordships will be pleased at their first coming into every County within their Circuit to command the Clerk of Assise and Clerk of the Peace to be carefull for the Indictment of Popish Recusants without respect of Persons of what Degree of Honor or Office soever and that they neither make nor suffer to be made any omission or mistaking in their Indictment or other proceedings and that the next Term within ten dayes of the beginning of the Term they give or send to him viz. the Attorney a note in writing who stand indicted of new and that they fail not to certifie the Recusants convicted into the Exchequer by that time That at their Lordships first coming into the County they call the Iustices of Peace then present and the Grand-Iury men to give their Lordships true Information of the Recusants of any Note or Name in that Country and that
the Clink But I am of opinion that if you had curiously enquired upon the Gentleman who gave the Information you should have found him to be a Disciple of the Iesuites for they do nothing but put tricks on these poor men who do live more miserable lives then if they were in the Inquisition in many parts beyond the Seas By taking the Oath of Allegiance and writing in defence of it and opening some points of high consequence they have so displeased the Pope that if by any cunning they could catch them they are sure to be burnt or strangled for it And once there was a plot to have taken Preston as he passed the Thames and to have shipt him into a bigger Vessel and so to have transported him into Flanders there to have made a Martyr of him In respect of these things King James always gave his protection to Preston and Warrington as may be easily shewed Cannon is an old man well-affected to the Cause but medleth not with any Factions or Seditions as far as I can learn They complain their Books were taken from them and a Crucifix of Gold with some other things which I hope are not carried out of the house but may be restored again unto them For it is in vain to think that Priests will be without their Beads or Pictures Models of their Saints and it is not improbable that before a Crucifix they do often say their prayers I leave the things to your best consideration and hope that this Deed of yours together with my Word will restrain them for giving offence hereafter if so be that lately they did give any I heartily commend me unto you and so rest Your very loving Friend G. Canterbury By this time the Commons had prepared an Humble Remonstrance to the King in Answer to his Majestie 's and the Lord Keeper's Speech Most Gracious Soveraign WHereas your Majesty hath béen pleased of late at sundry times and by several means to impart unto us your Royal pleasure touching some passages and procéedings in this present Parliament We do first with unspeakable joy and comfort acknowledge your Majesties grace and favor in that it hath pleased you to cause it to be delivered unto us by the Lord Kéeper of your Great Seal in your own Royal presence and before both Houses of Parliament That never King was more loving to his people nor better affected to the right use of Parliaments withal professing your most gracious resolution to hear and redress our just Grievances And with like comfort we acknowledge your Majesties goodness shining at the very entrance of your glorious Reign in commanding the Execution of the Laws established to preserve the true Religion of Almighty God in whose service consisteth the happiness of all Kings and Kingdoms Yet let it not displease your Majesty that we also express some sense of just Grief intermixed with that great Ioy to sée the careful procéedings of our sincere Intentions so misreported as to have wrought effects unexpected and we hope undeserved First touching the Charge against us in the matter concerning Mr. Cook We all sincerely protest That neither the words mentioned in your Maiesties Message nor any other of seditious effect were spoken by him as hath béen resolved by the House without one Negative voice Howsoever in a Spéech occasionally uttered he let fall some few words which might admit an ill construction whereat the House being displeased at the delivery of them as was expressed by a general and instant Check he forthwith so explained himself and his intention that for the present we did forbear to take them into consideration which since we have done And the effect thereof had before this appeared if by important businesses of your Maiesties service we had not béen interrupted The like interruption did also befall us in the Case of Doctor Turner wherein the Question being formerly stated a Resolution was ordered to have béen taken that very day on which we received your Maiesties command to attend you But for our own procéedings We humbly beséech your Maiesty to be truly informed That before that Overture from Doctor Turner out of our great and necessary care for your honor and welfare of your Realm We had taken into serious Consideration the Evils which now afflict your people and the Causes of them that we might apply our selves unto the fittest remedies In the pursuit whereof our Committées whatsoever they might have done have in no particular proceeded otherwise then either upon ground of knowledge in themselves or proof by examination of Witnesses or other Evidence In which course of service for the publick good as we have not swerved from the Parliamentary ways of our Predecessors so we conceive that the discovery and reforming of Errors is so far from laying an aspersion upon the present Time and Government that it is rather a great honor and happiness to both yielding matter to great Princes wherein to exercise and illustrate their noblest vertues And although the grievous Complaints of the Merchants from all parts together with the Common service of the Subiects well-affected to those who profess our Religion gave us occasion to debate some businesses that were partly Forein and had relation to affairs of State yet we beseech your Maiesty to rest assured it was exceeding far from our intention either to traduce your Counsellors or disadvantage your Negotiations And though some examples of great and potent Ministers of Princes heretofore questioned in Parliament have been alleadged yet was it without paralleling your Maiesties Government or Councils to any Times at all much less to Times of Exception Touching the Letter of Your Majesties Secretary it was first alleaged by your Advocate for his own Iustification and after by direction of the Committée produced to make good his Allegation And for the search at the Signet Office the Copy of a Letter being divulged as in your Majesties Name with pregnant cause of suspition both in the Body and Direction thereof to be supposititious the Committée out of desire to be cléered therein did by their Order send some of themselves to the Signet Office to search whither there were any Records of Letters of that nature without Warrant to the Officer for any much less for a general search But touching Publick Records we have not forborn as often as our businesses have required to make search into them wherein we have done nothing unwarranted by the Laws of your Realm and the constant usage of Parliaments And if for the ease of their Labors any of our Committées have desired the help of the Officers Repertories or Breviats of Direction We conceive it is no more then any Subject in his own affairs might have obtained for ordinary Fées Now concerning Your Majesties Servants and namely the Duke of Buckingham We humbly beséech Your Majesty to be informed by us your Faithful Commons who can have no private end but your Majesties Service and the good of
in the chief Court of Admiralty in the name of the said late King and of the Lord Admiral against them for Fifteen thousand pound taken Piratically by some Captains of the said Merchants ships and pretended to be in the hands of the East India Company and thereupon the Kings Advocate in the name of Advocate for the then King and the said Lord Admiral moved and obtained one Attachment which by the Serjeant of the said Court of Admiralty was served on the said Merchants in their Court the sixteenth day of March following whereupon the said Merchants though there was no cause for their molestation by the Lord Admiral yet the next day they were urged in the said Court of Admiralty to bring in the Fifteen thousand pounds or go to prison wherefore immediately the Company of the said Merchants did again send the Deputy aforesaid and some others to make new suit unto the said Duke for the release of the said Ships and Pinaces who unjustly endeavoring to extort money from the said Merchants protested that the Ships should not go except they compounded with him and when they urged many more reasons for the release of the said Ships and Pinaces the Answer of the said Duke was That the then Parliament must first be moved The said Merchants therefore being in this perplexity and in their consultation the three and twentieth of that moneth even ready to give over that Trade yet considering that they should lose more then was demanded by unlading their ships besides their voyage they resolved to give the said Duke Ten thousand pounds for his unjust demands And he the said Duke by the undue means aforesaid and under colour of his Office and upon false pretence of Rights unjustly did exact and extort from the said Merchants the said Ten thousand pounds and received the same about the 28. of April following the discharge of those Ships which were not released by him till they the said Merchants had yielded to give him the said Duke the said Ten thousand pounds for the said Release and for the false pretence of Rights made by the said Duke as aforesaid VII Whereas the Ships of our Soveraign Lord the King and of his Kingdoms aforesaid are the principal strength and defence of the said Kingdoms and ought therefore to be always preserved and safely kept under the command and for the service of our Soveraign Lord the King no less then any the Fortresses and Castles of the said Kingdoms And whereas no Subject of this Realm ought to be dispossessed of any his Goods or Chattels without order of Justice or his own consent first duly had and obtained The said Duke being Great Admiral of England Governor-General and Keeper of the said Ships and Seas and thereof ought to have and take a special and continual care and diligence how to preserve the same The said Duke in or about the end of Iuly last in the first year of our Soveraign Lord the King did under the colour of the said Office of Great Admiral of England and by indirect and subtile means and practices procure one of the principal Ships of his Majesties Navy-Royal called the Vantguard then under the Command of Captain Iohn Pennington and six other Merchants Ships of great burden and value belonging to several Persons inhabiting in London the Natural Subjects of his Majesty to be conveyed over with all their Ordnance Munition Tackle and Apparel into the parts of the Kingdom of France to the end that being there they might the more easily be put into the hands of the French King his Ministers and Subjects and taken into their possession command and power And accordingly the said Duke by his Ministers and Agents with menaces and other ill means and practices did there without order of Justice and without the consent of the said Masters and Owners unduly compel and inforce the said Masters and Owners of the said six Merchants Ships to deliver their said Ships into the said possession command and power of the said French King his Ministers and Subjects and by reason of his compulsion and under the pretext of his power as aforesaid and by his indirect practices as aforesaid the said Ships aforesaid as well the said Ship Royal of his Majesty as the others belonging to the said Merchants were there delivered into the hands and command of the said French King his Ministers and Subjects without either sufficient security or assurance for redelivery or other necessary caution in that behalf taken or provided either by the said Duke himself or otherwise by his direction contrary to the duty of the said Offices of Great Admiral Governor-General and Keeper of the said Ships and Seas and to the faith and trust in that behalf reposed and contrary to the duty which he oweth to our Soveraign Lord the King in his place of Privy-Counsellor to the apparent weakening of the Naval strength of this Kingdom to the great loss and prejudice of the said Merchants and against the liberty of those Subjects of our Soveraign Lord the King that are under the Jurisdiction of the Admiralty VIII The said Duke contrary to the purpose of our Soveraign Lord the King and his Majesties known zeal for the maintenance and advancement of the true Religion established in the Church of England knowing that the said Ships were intended to be imployed by the said French King against those of the same Religion at Rochel and elswhere in the Kingdom of France did procure the said Ship Royal and compel as aforesaid the said six other Ships to be delivered unto the said French King his Ministers and Subjects as aforesaid to the end the said Ships might be used and imployed by the said French King in his intended War against those of the said Religion in the said Town of Rochel and elswhere within the Kingdom of France And the said Ships were and have been since so used and imployed by the said French King his Ministers and Subjects against them And this the said Duke did as aforesaid in great and most apparent prejudice of the said Religion contrary to the purpose and intention of our Soveraign Lord the King and against his duty in that behalf being a sworne Counsellor to his Majesty and to the great scandal and dishonor of this Nation And notwithstanding the delivery of the said Ships by his procurement and compulsion as aforesaid to be imployed as aforesaid the said Duke in cunning and cautelous manner to mask his ill intentions did at the Parliament held at Oxford in August last before the Committee of both Houses of Parliament intimate and declare that the said Ships were not nor should they be so used and imployed against those of the said Religion as aforesaid in contempt of our Soveraign Lord the King and in abuse of the said Houses of Parliament and in violation of that Truth which every man should profess These three Articles were aggravated by Mr. Glanvile
great eminence power and authority being impeached and accused of such high Crimes and Offences should yet enjoy his Liberty hold so great a part of the strength of the Kingdom in his hands sit as a Peer in Parliament and be acquainted with the Counsels thereof whereby inevitable mischief may suddenly fall upon the Kingdom Wherefore they have thought it their duty to recommend this their unanimous desire to their Lordships as agreeable to Law and reason That they would be pleased forthwith to commit the person of the said Duke to safe Custody Whereupon the Duke made this Speech in the Lords House My Lords IF I should hold my peace it would argue guilt If I should speak it would argue boldness being so foully accused Your Lordships see what Complaints are made against me by the House of Commons How well I stood in their opinions not long since your Lordships know it What I have done since to lose their good opinions I protest I know not I cannot so distrust my own Innocencie and my heart which abhors guilt as to decline any Course or Court of Justice And had not they brought my Cause to your Lordships it should have been my own work And they have done me a favor to deliver me out of their hands into your Lordships I will not speak any thing to cast dirt at those who have taken pains to make me so foul but to protest my innocencie in that measure which I shall ever hope to prove it being before such just Judges I desire my Trial may be hastened that I may no longer suffer then I must needs And now that my Accuser hath not been content only to make my Process but to prescribe to your Lordships the manner of your Judgment and to judge me before I am heard I shall not give way to any of their unjust Demands c. The Commons upon the Imprisonment of their Members and the offence taken by the King at the words spoken by those two Gentlemen in impeaching the Duke resolved to proceed in no other business till they were righted in their Liberties and ordered that the House be turned into a Grand Committee presently to sit and consider of the best way and means to effect the same and that no Member be suffered to go forth At which time Sir Dudley Carlton observing that unusual and as he termed it sullen silence of the House made this Speech I Find by a great silence in this House that it is a fit time to be heard if you please to give me the patience I may very fitly compare the heaviness of this House unto some of my misfortunes by Sea in my Travels For as we were bound unto Marseillis by oversight of the Mariners we mistook our Course and by ill fortune met with a Sand That was no sooner overpast but we fell on another and having escaped this likewise we met with a third and in that we stuck fast All of the Passengers being much dismaied by this disaster as now we are here in this House for the loss of those two Members At last an old experienced Mariner upon consultation affirmed That the speediest way to come out from the Sands was to know how we came there So well looking and beholding the Compass he found by going in upon such a point we were brought into that streight wherefore we must take a new point to rectifie and bring us out of danger This House of Parliament may be compared to the Ship the Sands to our Messages and the Commitment to the Sands that the Ship did stick fast in and lastly the Compass to the Table where the Book of Orders doth lie Then I beseech you let us look into the Book where the Orders are whether the Gentlemen did go no further then the Order did warrant them If they did not it is fit that we should defend them whom we imployed in our behests But if they have exceeded their Commission and delivered that which they had not warrant for it is just that we let them suffer for this presumption and this our Course will bring us from these Rocks I beseech you Gentlemen move not his Majesty with trenching upon his Prerogatives lest you bring him out of love with Parliaments You have heard his Majesties often Messages to you to put you forward in a Course that will be most convenient In those Messages he told you That if there were not Correspondencie between him and you he should be inforced to use new Counsels Now I pray you consider what these new Counsels are and may be I fear to declare those that I conceive In all Christian Kingdoms you know that Parliaments were in use antiently by which their Kingdoms were governed in a most flourishing manner until the Monarchs began to know their own strength and seeing the turbulent spirit of their Parliaments at length they by little and little began to stand upon their Prerogatives and at last overthrew the Parliaments throughout Christendom except here only with us And indeed you would count it a great misery if you knew the Subject in Foreign Countries as well as my self to see them look not like our Nation with store of flesh on their backs but like so many Ghosts and not men being nothing but skin and bones with some thin cover to their nakedness and wearing only woodden shoos on their feet so that they cannot eat meat or wear good clothes but they must pay and be taxed unto the King for it This is a misery beyond expression and that which yet we are free from Let us be careful then to preserve the Kings good opinion of Parliaments which bringeth this happiness to this Nation and makes us envied of all others while there is this sweetness between his Majesty and his Commons lest we lose repute of a Free-born Nation by our turbulencie in Parliament For in my opinion the greatest and wisest part of a Parliament are those that use the greatest silence so as it be not opiniotory or sullen as now we are by the loss of these our Members that are committed This good Correspondencie being kept between the King and his people will so join their love and favor to his Majesty with liking of Parliaments that his Prerogative shall be preserved entire to himself without our trenching upon it and also the Priviledge of the Subject which is our happiness inviolated and both be maintained to the support of each other And I told you if you would hear me patiently I would tell you what exception his Majesty doth take at those Gentlemen that are committed You know that Eight Members were chosen to deliver the Charge against the Duke but there were only Six imployed for that purpose insomuch that there was no Exception As for Sir Dudley Diggs his part that was the Prologue and in that his Majesty doth conceive that he went too far beyond his Commission in pressing the death of his
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
Scepter and Sword into his hand and not expose the persons of the people committed to his charge to the unsatiable desires of the King of Spain who hath long thirsted after an Universal Monarchy nor their Consciences to the yoke of the Pope of Rome And that at home he will take that care to redress the just grievances of his good Subjects as shall be every way fit for a good King And in the mean time his Majesty doth publish this to all his loving Subjects that they may know what to think with truth and speak with duty of his Majesties actions and proceedings in these two last dissolved Parliaments Given at his Majesties Palace at Whitehall this Thirtieth day of June in the second year of his Majesties Reign of Great-Britain France and Ireland Moreover the King published a Proclamation taking notice of a Remonstrance drawn by a Committee of the late Commons House and by them intended to have been presented to him wherein he said are many things contained to the dishonor of himself and his Royal Father of blessed memory and whereby through the sides of a Peer of this Realm they wound their Soveraigns honor as also that some Members of that House ill-affected to his service to vent their own passions against that Peer and to prepossess the world with an ill opinion of him before his Cause were heard in a Judicial way have beforehand scattered Copies of that intended Declaration thereby to detract from their Soveraign Wherefore his Majesty for the suppressing of this insufferable wrong to himself doth command upon pain of his indignation and high displeasure all persons of whatsoever quality who have or shall have hereafter any Copies or Notes of the said Remonstrance or shall come to the view thereof forthwith to burn the same that the memory thereof may be utterly abolished and may never give occasion to his Majesty to renew the remembrance of that which out of his grace and goodness he would gladly forget In another Proclamation the King declaring his Religious care of the Peace of this Church and Commonwealth of England and other his Dominions and taking notice that in all ages great disturbances both to Church and State have ensued out of small beginnings when the seeds of contention were not timely prevented and finding that of late some Questions and Opinions seem to have been broached in matters of Doctrine and Tenents of our Religion at first onely intended against Papists have afterwards by the sharp and indiscreet handling of some of either party given much offence to the sober and well grounded Readers and raised some hopes in the Roman Catholicks that by degrees the Professors of our Religion may be drawn first to Schism and afterwards to plain Popery His Majesty in the integrity of his own heart and singular providence for the peaceable Government of that people which God hath committed to his charge hath thought fit by the advice of his reverend Bishops to declare and publish not onely to his own people but also to the whole world his utter dislike of all those who to shew the subtilty of their Wits or to please their own humors or vent their own passions shall adventure to start any new opinions not onely contrary to but differing from the sound and Orthodox grounds of true Religigion established in the Church of England and also to declare his full and constant resolution that neither in Doctrine nor Discipline of the Church nor in the Government of the State he will admit of the least innovation but by Gods assistance will so guide the Scepter of these Kingdoms as shall be most for the comfort and assurance of his sober religious and well-affected Subjects and for the repressing and severe punishing of the insolencies of such as out of any sinister respects or disaffection to his Majesties Person or Government shall dare either in Church or State to disturbe the Peace thereof wherefore he doth straitly charge and command all his Subjects of his Realms of England and Ireland of what degree soever especially thes◠who are Church-men from hence-forth to carry themselves so wisely warily and conscionably that neither by Writing Preaching Printing Conferences or otherwise they raise publish or maintain any other Opinions concerning Religion then such as are clearly warranted by the Doctrine and Discipline of the Church of England 〈◊〉 by Authority And enjoyneth his reverend Archbishops and Bishops in their several Diocesses speedily to reclaim and repress all such spirits as shall in the least degree attempt to violate this bond of Peace And all the Ministers of Justice were required to execute his Majesties pious and royal pleasure herein expressed and if any shall take the boldness to neglect this gracious Admonition his Majesty will proceed against such offenders with that severity as their contempt shall deserve that by their exemplary punishment others may be warned and that those that be studious of the peace and prosperity of this Church and Commonwealth may bless God for his Majesties pious religious wise just and gracious Government The effects of this Proclamation how equally soever intended became the stopping of the Puritans Mouths and an uncontrouled Liberty to the Tongues and Pens of the Arminian party Shortly after an Information was preferred by the Kings special command in the Star-Chamber against the Duke of Buckingham for high Offences and Misdemeanors wherein he was charged amongst other things with the particulars mentioned in the last Article exhibited against him by the House of Commons concerning the Plaister applied to King Iames. To which the Duke put in his Answer and divers Witnesses were examined But the cause came not to a judicial hearing in the Court as it is afterwards expressed And now the King taking into consideration the present streights and inconveniencies into which the Revenue of the Crown was faln and the pressing necessity of his Affairs did by the advice and instance of his Council resolve and declare That all men of what quality and condition soever shall from henceforth upon pain of his displeasure forbear for two years space to present or solicite any Suit for any thing prohibited in the Book of Bounty published in King Iames his time or any other things that shall import the Diminution of his Majesties Revenue And for the advancement of the said Revenue arising by Customs Subsidies and Imposts upon all Goods and Merchandizes exported and and imported The Privy Council declared That it hath been constantly continued for many ages and is a principal and most necessary part of the Revenue of the Crown and that in the two last Parliaments it hath been thought upon but could not be setled by their Authority by reason of their dissolution before the matters therein treated could be brought to perfection Nevertheless that it was then intended to have been confirmed by Parliament as it hath been from time to time by many Descents and Ages Whereupon
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
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
the best Garrison of this Kingdom and our humble suit to your Majesty is that our faith and loyalty may have such place in your Royal thoughts as to rest assured that all your Subjects will be ready to lay down their lives for the defence of your sacred person and this Kingdom Not going our selves into our Countries this Easter we should think it a great happiness to us as we know it would be a singular comfort and encouragement to them that sent us hither if we might but send them the news of a gratious answer from your Majesty in this particular which the reasons of the Petition we hope will move your most excellent Majesty gratiously to vouchsafe us The Petition concerning the billeting of Soldiers presented to the Kings most excellent Majesty IN all humility complaining sheweth unto your most excellent Majesty your loyal and dutiful Commons now in Parliament assembled That whereas by the fundamental Laws of this Realm every freeman hath and of right ought to have a full and absolute propriety in his Goods and Estate and that therefore the billeting and placing the Soldiers in the house of any such freeman against his will is directly contrary to the said Laws under which we and our Ancestors have been so long and happily governed yet in apparent violation of the said antient and undoubted right of all your Majesties Loyal Subjects of this your Kingdom in general and to the grievous and insupportable vexation and detriment of many Counties and persons in particular a new and almost unheard of way hath been invented and put in practice to lay Soldiers upon them scattered in Companies here and there even in the heart and bowels of this Kingdom and to compel many of your Majesties Subjects to receive and lodge them in their own houses and both themselves and others to contribute toward the maintenance of them to the exceeding great disservice of your Majesty the general terror of all and utter undoing of many of your People insomuch as we cannot sufficiently recount nor in any way proportionable to the lively sense that we have of our Miseries herein are we able to represent unto your Majesty the innumerous mischiefs and most grievous vexations that by this means alone we do now suffer whereof we will not presume to trouble your sacred ears with particular instances onely most gratious Soveraign we beg leave to offer to your gratious view a compassionate consideration of a few of them in particular 1. The service of Almighty God is hereby greatly hindred the People in many places not daring to repair to the Church lest in the mean time the Soldiers should rifle their houses 2. The antient and good government of the Countrey is hereby neglected and almost contemned 3. Your Officers of Iustice in performance of their duties have been resisted and endangered 4. The Rents and Revenues of your Gentry greatly and generally diminished Farmers to secure themselves from the Soldiers insolence being by the Clamor of Solicitation of their fearful and injured Wives and Children enforced to give up their wonted dwellings and to retire themselves into places of more secure habitation 5. Husbandmen that are as it were the hands of the Countrey corrupted by ill example of the Soldiers and encouraged to idle life give over work and rather seek to live idly at another mans charges then by their own labors 6. Tradesmen and Artificers almost discouraged and being inforced to leave thier Trades and to imploy their time in preserving themselves and their Families from cruelty 7. Markets unfrequented and our ways grown so dangerous that the People dare not pass to and fro upon their usual occasions 8. Frequent Robberies Assaults Batteries Burglaries Rapes Rapines Murders Barbarous Cruelties and other most abominable vices and outrages are generally complained of from all parts where these Companies have been and had their abode few of which insolencies have been so much as questioned and fewer according to their demerit punished These and many other lamentable effects most dread and dear Soveraign have by this billeting of Soldiers already fallen upon us your loyal Subjects tending no less to the disservice of your Majesty then to their impoverishing and destruction so that thereby they are exceedingly disabled to yield your Majesty those Supplies for your urgent occasions which they heartily desire and yet they are further perplexed with apprehension of more approaching danger one in regard of your Subjects at home the other of enemies from abroad in both which respects it seems to threaten no small Calamity to the meaner sort of your People being exceeding poor whereof in many places are great Multitudes and therefore in times of more setled and most constant administration of Iustice not easily ruled are most apt upon this occasion to cast off the reins of Government and by joyning themselves with those disordered Soldiers are very like to fall into Mutiny and Rebellion which in faithful discharge of our duties we cannot forbear most humbly to present to your high and excellent wisedom being pressed with probable fears that some such mischief will shortly ensue if an effectual and speedy course be not taken to remove out of the land or otherwise to disband those unruly Companies For the second we do most humbly beseech your Majesty to take into your Princely consideration that many of those Companies besides their dissolute dispositions and carriages are such as do openly profess themselves Papists and therefore to be suspected that if occasion serve they will rather adhere to a forein Enemy of that Religion then to your Majesty their liege Lord and Soveraign especially some of their Captains and Commanders being as Popishly affected as themselves and having served in the Wars on the part of the King of Spain and Arch-Dutchess against your Majesties Allies which of what pernicious consequence it may prove and how prejudicial to the safety of your Kingdom we leave to your Majesties high and Princely wisedom And now upon these and many more which might be alledged most weighty and important Reasons grounded on the maintenance of the Worship and Service of Almighty God the continuance and advancement of your Majesties high honour and profit the preservation of the antient and undoubted Liberties of your People and therein of Iustice Industry Valour which meerly concerns the glory and happiness of your Majesty and all your Subjects and the preventing of calamity and ruine both of Church and Commonwealth We your Majesties most humble and loyal Subjects the Knights Citizens and Burgesses of your House of Commons in the name of all the Commonalty of your Kingdom who are upon this occasion most miserably disconsolate and afflicted prostrate at the Throne of your Grace and Iustice do most ardently beg a present remove of this insupportable burden and that your Majesty would be graciously pleased to secure us from the like pressure in the time to come To the Speakers Speech and this
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
do verily believe he doth very well understand what a miserable power it is which hath produced so much weakness to Himself and to the Kingdom And it is one happiness that he is so ready to redress it For mine own part I shall be very glad to see that old decrepite Law Magna Charta which hath been so long kept and lien bed-rid as it were I shall be glad to see it walk abroad again with new vigor and lustre attended and followed with the other six Statutes questionless it will be a great heartning to all the people I doubt not but upon a debating conference with the Lords we may happily fall upon a fair fit accommodation concerning the Liberty of our Persons and Propriety of our Goods I hope we may have a Bill to agree in the point against imprisonment for Loans or privy Seals As for intrinsecal power and reason of State they are matters in the Clouds where I desire we may leave them and not meddle with them at all left by the way of admittance we may lose somewhat of that which is our own already Yet this by the way I will say of reason of State That in the latitude by which 't is used it hath eaten out almost not onely the Laws but all the Religion of Christendom Now I will onely remember you of one Precept and that of the wisest man Be not over wise be not over just and he gives his reason for why wilt thou be desolate If Justice and Wisdom may be stretcht to desolation let us thereby learn that Moderation is the Vertue of Vertues and Wisdom of Wisdoms Let it be our Master-piece so to carry the business that we may keep Parliaments on foot For as long as they be frequent there will be no irregular Power which though it cannot be broken at once yet in short time it will be made and mouldred away there can be no total or final loss of Liberties as long as they last What we cannot get at one time we shall have at another Upon this debate it was ordered That a Committee of Lawyers do draw a Bill containing the substance of Magna Charta and the other Statutes that do concern the Liberty of the Subject which business took up two whole days Thursday the first of May. MAster Secretary Cook delivers a Message from his Majesty viz. to know whether the House will rest on his Royal Word or no declared to them by the Lord Keeper which if they do he assures them it shall be Royally performed Upon this there was a silence for a good space Then Mr. Secretary Cook proceeded This silence invites me to a further Speech and further to address my self Now we see we must grow towards an issue for my part how confident I have been of the good issue of this Parliament I have certified in this place and elsewhere and I am still confident therein I know his Majesty is resolved to do as much as ever King did for his Subjects All this Debate hath grown out of the sense of our Sufferings and a desire of making up again those Breaches that have been made Since this Parliament begun hath there been any dispence made of that which hath formerly been done when means were denied his Majesty being a yong King and newly come to his Crown which he found ingaged in a War what could we expect in such Necessities His Majesty called this Parliament to make up the Breach His Majesty assures us we shall not have the like cause to complain He assures the Laws shall be established what can we desire more all is that we provide for Posterity and that we do prevent the like suffering for the future Were not the same means provided by them before us can we do more we are come to the Liberty of the Subjects and the Prerogative of the King I hope we shall not adde any thing to our selves to depress him I will not divine I think we shall finde difficulty with the King or with the Lords I shall not deliver my opinion as Counsellor to his Majesty which I will not justifie and say here or at the Councel Board Will we in this necessity strive to bring our selves into a better Condition and greater Liberty then our Fathers had and the Crown into a worse then ever I dare not advise his Majesty to admit of that if this that we now desire be no Innovation it is all contained in those Acts and Statutes and whatsoever else we would adde more is a diminution to the Kings Power and an addition to our own We deal with a wise and prudent Prince that hath a Sword in his hand for our good and this good is supported by Power Do not think that by Cases of Law and Debate we can make that not to be Law which in experience we every day finde necessary make what Law you will if I do discharge the place I bear I must commit men and must not discover the Cause to any Jaylor or Judge if I by this Power commit one without just Cause the burthen falls heavy on me by his Majesties displeasure and he will remove me from my place Government is a solid thing and must be supported for our good Sir Robert Philips hereupon spake this That if the words of Kings strike impressions in the hearts of Subjects then do these words upon this occasion strike an impression into the hearts of us all to speak in a plain language we are now come to the end of our journey and the well disposing of an Answer to this Message will give happiness or misery to this Kingdom Let us set the Commonwealth of England before the eyes of his Majesty that we may justifie our selves that we have demeaned our selves dutifully to his Majesty And so the day following they had further Debate upon that matter the House being turned into a Grand Committee and Mr. Herbert in the Chair Some say that the Subject has suffered more in the violation of ancient Liberties within these few years then in Three hundred years before and therefore care ought to be taken for the time to come Sir Edward Cook said That that Royal word had reference to some Message formerly sent his Majesties word was That they may secure themselves any way by Bill or otherwise he promised to give way to it and to the end that this might not touch his Majesties Honor it was proposed that the Bill come not from the House but from the King We will and grant for us and our Successors and that we and our Successors will do thus and thus and it is the Kings Honor he cannot speak but by Record Others desired the House to consider when and where the late promise was made was it not in the face of both Houses Cruel Kings have been careful to perform their promises yea though they have been unlawful as Herod Therefore if we rest upon his Majesties promise
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
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
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
that under some colourable pretence might secretly by this as by other wayes contrive to change the frame both of Religion and Government and thereby undermine the frame both of Religion and Government and thereby undermine the safety of your Majesty and your Kingdomes These men could not be ignorant that the bringing in of Strangers for aid hath been pernitious to most States where they have been admitted but to England fatal We do blesse God that hath given your Majesty a wise understanding heart to discern of those courses and that such power produceth nothing but weaknesse and calamity And we beseech your Majesty to pardon the vehemencie of our expression if in the Loyal and zealous affections we bear to your Majesty and your service we are bold to declare to your Majesty and the whole world that we hold it far beneath the heart of any free English man to think that this victorious Nation should now stand in need of German Souldiers to defend their own King and kingdom But when we consider the course formerly mentioned and these things tending to an apparent change of Government the often breaches of Parliament whereby your Majesty hath been deprived of the faithful Councel and free Aids of your people by taking off Tonnage and poundage without graunt thereof by Act of Parliament ever since the beginning of your Majesties Reigne to this present The standing Commission granted to the Duke of Buckingham to be general of an Army in the Land in the time of peace the discharging of faithful and sufficient Officers and Ministers some from Iudicial places and others from the Offices and authorities which they formerly held in the Common-wealth We cannot but at the sight of such an apparant desolation as must necessarily follow these courses out of the depth of sorrow lift up our cryes to heaven for help and next under God apply our selves unto your sacred Majesty who if you could hear so many thousands speaking together do joyntly implore speedie help and Reformation And if your Majesty would be pleased to take a further view of the present state of your Realme We do humbly pray you to consider whether the miserable disasters and ill successe that hath accompanied all your late designes and actions particularly those of Cales and the Isle of Ree and the last expedition to Rochel have not extreamlie wasted that stock of Honor that was left unto this kingdome sometimes terrible to all other Nations and now declining to contempt beneath the meanest Together with our Honours we there lost those and that not a few who had they lived we might have some better hope of recovering it again our valiant and expert Collonels Captaines and Commanders and many thousand common Souldiers and Marriners Though we have some cause to think that your Majesty is not as yet rightly informed thereof and that of six or seven thousand of your Subjects lost at the Isle of Ree Your Majesty received information but of a few hundreds And this dishonour and losse hath been purchased with the consumption of above a million of Treasure Many of the Forts are exceeding weak and decayed and want both men and Munition And here we cannot but with grief consider and complaine of a strange improvidence we think your Majesty will rather call it treacherie That your store of powder which by order of your Privy Councel dated the tenth of December 1626. should be constantly three hundred Last besides a continual supply of twenty Last a month for ordinary expences and were now fit as we conceive to be double the proportion is at this time in the Tower the present Warrants being served but nine Lasts and forty eight pounds in all which we tremble to think of And that notwithstanding this extreame scarcity of powder great quantities have been permitted to be sold out of your Majesties Store to particular persons for private Gain Whereof we have seen a certificate six Last sold sithence the 14th of January last and your Majesties store being unfurnished of powder which by a contract made with Mr. Evelyn by advise of your Lords in Parliament ought to be supplyed monthly with twenty last at the rate of three pound ten shillings ten pence a Barrel Your Majesty hath been forced to pay above seven pound a Barrel for powder to be brought in from beyond Seas for which purpose twelve thousand foure hundred pounds was impressed to Mr. Burlemack the last year and that powder not so good as that by Contract your Maiesty should have by one third part All which are most fearful and dangerous abuses But what the poverty weaknesse and misery of your kingdome is now grown unto by decay of Trade and destruction and losse of Ships and Marriners within these three years we are almost afraid to declare And could we by any other means have been sure that your Majesty should any other way have had a true Information thereof We should have been doubtful to have made our weaknesse and extreamity of misfortune in this kinde to appear But the importunate and most pitiful complaints from all the parts of the kingdome near adjoyning to the Sea in this kinde would rend as we think the stoniest heart in the world with sorrow and the sense we have of the miserable condition your Kingdome is in by reason thereof especially for that we see no possible means being now shortly to end this Session how to help the same adds such a weight of grief unto our sad thoughts as we have not words to expresse it But for your Majesties more exact information therein We beseech you be pleased to peruse the Kalender of particulars which with the Remonstrance we most humblie present unto your Majestie One reason amongst many of this decay of Trade and losse of ships and Marriners is the not guarding of the narrow Seas the regality whereof your Majestie hath now in a manner wholly lost being that wherein a principal part of the Honor and safety of this Kingdome heretofore consisted And now having absolutely neglected it the Town of Dunkirk doth so contiually rob and spoile your Subjects that we can assure your Majesty if some present and effectuall remedy be not forthwith provided the whole Trade of this Kingdome the shipping marriners and all belonging thereunto will be utterly lost and consumed The principal cause of which evils and dangers we conceive to be the excessive power of the Duke of Buckingham and the abuse of that power And we humbly submit unto your Majesties excellent Wisdome whether it be safe for your self or your Kingdoms that so great power as rests in him by Sea and Land should be in the hands of any one Subject whatsoever And as it is not safe so sure we are it cannot be for your service it being impossible for one man to mannage so manie and weightie affaires of the Kingdome as he hath undertaken besides the ordinary duties of those offices which he holds some of which
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
commitment was for notable contempts by him committed against Our Self and Our Government and for stirring up sedition against Us for which you are to detain him in your custody and to keep him close prisoner until Our pleasure be further known concerning his deliverance Given at Greenwich the 7 of May 1629. in the 5 yeer of Our Reign The direction being To the Marshal of Our Bench for the time being hae sunt causae captionis detentionis praedicti Gulielmi Stroud And upon another Habeas Corpus to the Marshal of the Houshold to have the Body of Walter Long Esq in Court it was returned according as the Return of Mr. Stroud was Mr. Ask of the Inner-Temple of Counsel for Mr. Stroud and Mr. Mason of Lincolns-Inn of Counsel for Mr. Long argued against the insufficiency of the Return which with the Arguments of the Kings Counsel we here forbear to mention lest it be too great a diversion to the Reader from the Historical part yet those and other Arguments we have nevertheless postponed at the end of this first Volume for the benefit of the Students of the Law which course as to Arguments in Law wherein the Prerogative of the one hand and Liberty and Propertie of the other hand are concerned we purpose to observe in our next and other Volumes as matter of that nature falls out in series of Time The seventh of May an Information was exâ—ibited in the Star-Chamber which because it is a remarkable Proceeding we give you here at large Iovis Septimo die Maii Anno Quinto Ca. R. To the Kings most excellent Majesty HUmbly sheweth and informeth unto Your most excellent Majesty Sir Robert Heath Knight Your Majesties Attorney General for and on Your Majesties behalf That whereas by the Ancient and Fundamental Laws of this Kingdom the high Court of Parliament consisteth of the Lords Spiritual and Temporal in the Lords House and of the Knights Citizens and Burgesses in the Commons House of Parliament and those two Houses thus composed do together make up that great and honourable Body whereof Your most excellent Majesty as the supreme Soveraign is the head and whereas the Power of summoning and assembling of Parliaments and of continuing proroguing adjourning and dissolving thereof within this Realm at Your good pleasure is the undoubted Right of your Majesty and the Liberty and Freedom of Speech which the Members of the said Houses of Parliament have according to the Priviledges of those several Houses to debate consult and determine of those things which are propounded amongst them is and ever hath been and ought to be limited and regulated within the bounds of Moderation and Modesty and of that Duty which Subjects owe to their Soveraign and whereas Your Majesty for many weighty Causes and for the general Good and Defence of the Church and State of this Your Kingdom lately summoned a Parliament to be holden at Your City of Westminster the seventeenth day of March in the third year of Your Majesties Reign which continued from thence by prorogation until the twentieth day of Ianuary last from which day until the twenty fifth day of February following the said Houses continued sitting And although the great part of the House of Commons being zealous of the Common Good did endeavour to have effected those good things for which they were called thither yet between the said twentieth day of Ianuary and the said twenty fifth day of February by the malevolent Disposition of some ill-affected Members of the said House sundry Diversions and Interruptions were there made and many Jealousies there unjustly raised and nourished to the disturbance of those orderly and Parliament proceedings which ought to have been in so grave a Council During which time of the said last meeting in Parliament as aforesaid so it is may it please your most excellent Majesty that Sir Iohn Elliot Knight then and all the time of the said Parliament being one of the Members of the said Commons House wickedly and malitiously intending under a feigned Colour and Pretence of debating the necessary Affairs of the present estate to lay a scandal and unjust Aspersion upon the right honorable the Lords and others of your Majesties most honourable Privy-Council and upon the reverend Judges and your Counsel learned and as much as in him lay to bring them into the hatred and ill opinion of the people after the said twentieth day of Ianuary and before the said twenty fifth day of February last did openly and publickly in the said House of Commons falsly and malitiously affirm That your Majesties Privy-Council all your Judges and your Counsel learned had conspired together to trample under their feet the Liberties of the said Subjects of this Realm and the priviledges of that House And further so it is may it please your most excellent Majesty that when your Majesty upon the twenty fifth day of February had by Sir Iohn Finch Knight then Speaker of the said house of Commons signified your Royal pleasure to the said house that the said house of Commons should be instantly adjourned until the second day of March then following he the said Sir Iohn Elliot and Denzil Holles Esquire Benjamin Valantine Gent. Walter Longe Esquire William Corriton Esquire William Strode Esquire Iohn Selden Esquire Sir Miles Hobert and Sir Peter Hayman Knights all Members at that time of the said Commons house conceiving with themselves that your Majesty being justly provoked thereto would speedily dissolve that Parliament They the said Sir Iohn Elliot Denzil Holles Benjamin Valentine Walter Longe William Corriton William Strode Iohn Selden Sir Miles Hobert and Sir Peter Hayman and every of them by unlawful Confederacie and Combination between them in that behalf before had did malitiously resolve agree and conspire how and by what means before that Parliament should be dissolved they might raise such false and scandalous rumours against your Majesties Government and your Counsellours of Estate attending your person that thereby as much as in them lyeth they might disturb the happy Government of this Kingdom by and under your Majesty interrupt the course of traffique and trade discourage your Merchants and raise Jealousies and Suspitions in the hearts of your people that the Sincerity of the true Religion professed and established in this Kingdom was neglected and in pursuance of this their Resolution and Confidence aforesaid the said Sir Iohn Elliot with the privitie and consent of the said Denzil Holles and all other the said confederates did prepare a paper or writing wherein he had written or caused to be written divers false and scandalous Assertions touching your Majesties Government and touching the persons of divers of your Privy-Council which he and they resolved and conspired and agreed should be delivered into the said house of Commons and there publickly read to the wicked and seditious intents and purposes aforesaid and not with any purpose or opinion that those things that were therein contained if