and to lend after the rate propounded and among others certain of the Parish of Clement Danes the Savoy the Dutchy and other parts within the Liberties of Westminster who first alledged poverty Whereunto reply was made That if they would but subscribe their ability should be enquired off before any thing were levied upon them and in case they were found unable they should be discharged notwithstanding what they had under written and unto some of them the money demanded was proffered to be given them Nevertheless they afterwards absolutely refused to subscribe their names or to say they were willing to lend if able Whereupon the Council directed their Warrant to the Commissioners of the Navy to impress these men to serve in the Ships ready to go out in his Majesties service The Non-Subscribers of higher Rank and Rate in all the Counties were bound over by Recognisance to tender their appearance at the Council Table and performed the same accordingly and divers of them were committed to prison but the common sort to appear in the Military-Yard near St. Martins in the Fields before the Lieutenant of the Tower of London by him to be there inrolled among the Companies of Soldiers that they who refused to assist with their Purses should serve in their Persons for the common Defence The same Loan being demanded of the Societies and Inns of Court the Benchers of Lincolns Inn received a Letter of Reproof from the Lords of the Council for neglecting to advance the Service in their Society and to return the names of such as were refractory ANd for the advancement of the said Loan Doctor Sibthorpe now publishes in Print a Sermon Preached by him at Northampton February the Two and twentieth One thousand six hundred twenty and six at Lent Assizes entituled Apostolick Obedience This Book was Licenced by the Bishop of London who did approve thereof as a Sermon learnedly and discreetly Preached It was dedicated to the King and expressed to be the Doctors Meditations which he first conceived upon his Majesties Instructions unto all the Bishops of this Kingdom fit to be put in execution agreeable to the necessity of the times and afterwards brought forth upon his Majesties Commission for the raising of moneys by way of Loan His Text was Romans 13.7 Render therefore to all their dues Among other passages he had this And seriously consider how as Jeroboam took the opportunity of the breach betwixt Rehoboam and his Subjects to bring Idolatry into Israel So the Papists lie at wait if they could finde a Rent between our Soveraign and his Subjects which the Lord forbid to reduce Superstition into England I speak no more then what I have heard from themselves whilst I have observed their forwardness to offer double according to an Act of Parliament so providing yea to profess That they would depart with the half of their Goods And how or why can this forwardness be in them but in hope to cast the imputation of frowardness upon us and so to seem that which the Iesuite will not suffer them to be loving and loyal Subjects Also the said Sermon holds forth That the Prince who is the Head and makes his Court and Council it is his duty to direct and make Laws Eccles. 8.3 and 4. He doth whatsoever pleases him Where the word of the King is there is power and who may say unto him What doest thou And in another place he saith If Princes command any thing which Subjects may not perform because it is against the Laws of God or of Nature or impossible Yet Subjects are bound to undergo the punishment without either resistance or railing or reviling and so to yield a Passive Obedience where they cannot exhibite an active one I know no other case saith he but one of those three wherein a Subject may excuse himself with Passive Obedience but in all other he is bound to Active Obedience It is not our purpose to repeat his Sermon the Reader may at leisure inform himself more fully by the Printed Copy Doctor Roger Manwaring promoted the same business in two Sermons Preached before the King and Court at Whitehal wherein he delivered for Doctrine to this purpose That the King is not bound to observe the Laws of the Realm concerning the Subjects Rights and Liberties but that his Royal Will and Command in imposing Loans and Taxes without common consent in Parliament doth oblige the Subjects Conscience upon pain of eternal damnation That those who refused to pay this Loan offended against the Law of God and the Kings Supream Authority and became guilty of impiety disloyalty and Rebellion And that the Authority of Parliament is not necessary for the raising of Aids and Subsidies and that the flow proceedings of such great Assemblies were not fitted for the Supply of the States urgent Necessities but would rather produce sundry impediments to the just designs of Princes The Papists at this time were forward and liberal on this occasion insomuch that it was said in those times That in the point of Allegiance then in hand the Papists were exceeding Orthodox and the Puritans were the onely Recusants Distastes and Jealousies had for a while been nourished between the Courts of England and France which seemed to have risen from Disputes and Differences about the Government of the Queens family By the Articles of Marriage it was agreed That the Queen should have a certain number of Priests for her Houshold Chaplains together with a Bishop who should exercise all Ecclesiastical Jurisdiction in matters of Religion These with other Romish Priests within this Realm began to practise and teach That the Pope upon the Marriage Treaty assumed to himself or his Delegates the Jurisdiction of the Queens whole family especially the Institution and Destitution of the Ecclesiasticks and that the King of England had no power to intermeddle therein because he was an Heretick the Pope threatning to declare those to be Apostates that should seek their establishment from the King Likewise the Queen insisted to have the ordering of her family as her self pleased and the naming of her Officers and Servants and being therein crossed did somewhat distaste the King and unkindness grew between them These things the King represented to his Brother of France imputing the same to the Crafty and Evil Counsels of her Servants rather then to her own inclination And so declared he could no longer bear with those that were the known causes and fomenters of these disturbances but would presently remove them from about his Wife if there were nothing more then this That they had made her go to Tiborne in devotion to pray there Which action as it was reported his Majesty said can have no greater invective made against it then the bare relation yet his Majesty acknowledged That the deportment of some of them was without offence but others of them had so much abused his patience and affronted his Person reflecting most upon
of England And that the arduous and urgent affairs concerning the King State and Defence of the Realm and of the Church of England and the maintenance and making of Laws and redress of mischiefs and grievances which daily happen within this Realm are proper subjects and matter of Councel and Debate in Parliament And that in the handling and procéeding of those businesses every Member of the House of Parliament hath and of right ought to have freedom of spéech to propound treat reason and bring to conclusion the same And that the Commons in Parliament have like liberty and fréedom to treat of these matters in such order as in their judgments shall seem fittest And that every Member of the said House hath like freedom from all Impeachment Imprisonment and molestation other then by Censure of the House it self for or concerning any speaking reasoning or declaring of any matter or matters touching the Parliament or Parliament-business And that if any of the said Members be complained of and questioned for any thing done or said in Parliament the same is to be shewed to the King by the advice and assent of all the Commons assembled in Parliament before the King gave credence to any private information But how the King was moved by the Protestation of the House of Commons will appear by this Memorial Whitehall Decemb. 30. 1621. HIs most Excellent Majesty coming this day to the Council the Prince his Highness and all the Lords and others of His Majesties Privy Council sitting about him and all the Iudges then in London which were six in number there attending upon His Majesty the Clerk of the Commons House of Parliament was called for and commanded to produce his Iournal-book wherein was noted and Entries made of most passages that were in the Commons House of Parliament and amongst other things there was written down the form of a Protestation concerning sundry Liberties Priviledges and Franchises of Parliament with which form of Protestation His Majesty was justly offended Nevertheless His Majesty in a most gracious manner there expressed That he never meant to deny that House of Commons any lawful Priviledges that ever they had enjoyed but whatsoever Priviledges or Liberties they had by any Law or Statute the same should be inviolably preserved unto them and whatsoever Priviledges they enjoyed by Custom or uncontrolled and lawful president His Majesty would be careful to preserve But this Protestation of the Commons House so contrived and carried as it was His Majesty thought fit to be razed out of all Memorials and utterly to be annihilated both in respect of the manner by which it was gained and the matter therein contained For the manner of getting it First in respect of the time For after such time as His Majesty out of his Princely grace and to take away all mistakings had directed his Letters to Secretary Calvert dated at Royston 16 Decembris and therein had so explained himself in the point of maintaining the priviledges of the House of Commons as that most of the said House rested fully satisfied and freed from any scruple of having their liberties impeached And after that by His Majesties Letters directed to the Speaker dated 18 December being Tuesday His Majesty at the humble suit of the House of Commons condescended to make this Méeting a Session before Christmas and for that purpose had assigned Saturday following Now upon this very Tuesday and while the Messengers from the House of Commons were with His Majesty at Theobalds to return thanks unto His Majesty and therewith an excuse from them not to make it a Session in respect of the strait of time whereunto they were driven which deferment His Majesty admitted of at their desires and thereupon gave order for the adjournment of the Parliament until the Eight of February next which was the first day formerly appointed by His Majesty for the méeting together of the Parliament And whilst their messengers were with His Majesty and had received a gracious Answer to return unto their House even that afternoon a Committee was procured to be made for taking their Liberties into consideration And this afternoon a Protestation was made to whom appears not concerning their Liberties and at six a clock at night by candle-light the same Protestation was brought into the House by the Committee and at that time of night it was called upon to be put to the Question there not being the third part of the House then present whereas in all matters of weight their usual custom is to put nothing of importance to the Question till the House be full And at this time many of them that were present expected the Question would have been deferred to another day and a fuller House and some then present stood up to have spoken to it but could not be seen nor heard in that darkness and confusion Now for the matter of the Protestation it is penned in such ambiguous and general words as may serve for future Times to invade most of Rights and Prerogatives annexed to the Imperial Crown the claim of some priviledges being grounded upon the words of the Writ for assembling the Parliament wherein some words viz. Arduis Regni are cunningly mentioned but the word quibusdam which restraineth the generality to such particular Cases as His Majesty pleaseth to consult with them upon is purposely omitted These things considered His Majesty did this present day in full assembly of his Council and in the presence of the Iudges declare the said Protestation to be invalid annulled void and of no effect And did further manu sua propria take the said Protestation out of the Iournal-book of the Clerk of the Commons House of Parliament and commanded an Act of Council to be made thereupon and this Act to be entred in the Register of Council-causes On the Sixth of Ianuary the King by Proclamation dissolved the Parliament shewing that the assembling continuing and dissolving of Parliaments doth so peculiarly belong unto him that he needs not give an accompt thereof unto any Yet he thought fit to declare That in this Dissolution he had the advice and uniform consent of his whole Council And that some particular Members of the House of Commons took inordinate liberty not only to treat of his high Prerogatives and sundry things not fitting to be argued in Parliament but also to speak with less respect to Foreign Princes That they spent the time in disputing Priviledges descanting upon the words and syllables of his Letters and Messages And that these Evil-tempered spirits sowed tares among the corn and by their cunning devices have imposed upon him a necessity of discontinuing this present Parliament without putting unto it the name or period of a Session And lastly he declared That though the Parliament be broken off yet he intended to govern well and shall be glad to lay hold on the first occasion to call a Parliament again at convenient time The King was
and Doctor Stuart to inform him of the nature of this cause and the scandal that might arise thereupon and to certifie what the same may amount unto whither to an irregularity or otherwise and what means may be found for redress However this consultation was managed the Archbishop was not deprived but a Plant was growing up that over-topped him whilst he lived and after his decease obtained the Primacy Doctor Laud who was first chosen to the Bishoprick of St. Davids by the Mediation of the Lord Keeper Williams and was consecrated by the Bishops of London Worcester Chichester Ely Landaff and Oxon the Archbishop in the mean time was not thought irregular for the Casual Homicide This Bishop Doctor Laud was looked upon in those times as an Arminian and a fierce opposer of Puritans and while he lived in Oxford suspected to incline to Popish Tenents as may appear by his Letter of Complaint sent to his Patron Doctor Neal then Bishop of Lincoln against a Sermon preached by Robert Abbot Doctor of the Chair in Oxford in which Letter he inclosed this amongst other Passages of the Doctors Sermon viz. That men under pretence of Truth and Preaching against the Puritans strike at the heart and root of Faith and Religion now established among us That this Preaching against the Puritans was but the practice of Parsons and Campions counsel when they came into England to seduce yong Students And when many of them were afraid to lose their places if they should professedly be thus the counsel they then gave them was That they should speak freely against the Puritans and that should suffice And they cannot intend that they are accounted Papists because they speak against the Puritans But because they indeed are Papists they speak nothing against them If they do at any time speak against the Papists they do beat a little upon the Bush and that softly too for fear of troubling or disquieting the Birds that are in it I Came time enough saith Mr. Laud to be at the rehearsal of this Sermon upon much perswasion where I was fain to sit patiently and hear my self abused almost an hour together being pointed at as I sate For this present abuse I would have taken no notice of it but that the whole University apply it to me and my own Friends tell me I shall sink my credit if I answer not Dr. Abbot in his own Nevertheless in a business of this kinde I will not be swayed from a patient course onely I desire your Lordship to vouchsafe me some direction what to do c. The Arminian Sect opposed by King Iames and by his special concurrence lately broken in the Netherlands by the beheading of Barnevalt the cheif of them began in his latter times to spring up in England and was countenanced by the said Prelate who had newly obtained the opinion and favor of the Marquess of Buckingham The Kings main design then not suffering the suppressing of that way which in common judgment was inclined to Popery or he thought to recover all his losses and to salve all misfortunes by the Spanish Match And for this cause he released multitudes of Priests and Popish Recusants then imprisoned which the Spaniards professed to be a great demonstration of the Kings sincere affection to confirm the correspondence and amity between the Crowns And that this enlargement might be the more expedite and less chargeable the King gave directions to the Lord Keeper Williams Bishop of Lincoln THat whereas he had formerly given order for the release of Recusants by removing them from the several Goals of this Kingdom to be bailed before the Justices of his Bench And finding that this course will be troublesome to the poorer sort of them he doth now require that Writs be directed to the Justices of Assizes enabling and requiring them to enlarge such Recusants as they shall finde in their several Goals upon such conditions and securities as were required by the Judges of his Bench. Accordingly the Writs were issued forth under the Great Seal and the Lord Keeper wrote to the Judges on this manner THat the King having upon deep Reasons of State and in expectation of the like correspondence from Forein Princes to the Professors of our Religion resolved to grant some Grace to the imprisoned Papists had commanded him to pass some Writs under the Broad Seal for that purpose Wherefore it is his Majesties pleasure that they make no niceness or difficulty to extend his Princely favor to all such as they shall finde prisoners in the Gaols of their Circuits for any Church Recusancy or refusing the Oath of Supremacy or dispersing of Popish Books or any other point of Recusancy that shall concern Religion onely and not matters of State But a general offence was taken at this Indulgence to Papists and the Lord Keepers Letter to the Judges which how the Keeper endevored to renounce may be seen in his Letter written to a Person of Honor. AS the Sun in the Firmament appears unto us no bigger then a Platter and the Stars are but as so many Nails in the Pummel of a Saddle because of the enlargement and disproportion between our eye and the object So is there such an unmeasurable distance between the deep resolution of a Prince and the shallow apprehensions of common and ordinary people That as they will ever be judging and censuring so they must needs be obnoxious to error and mistaking The King is now a most Zealous Intercessor for some case and refreshment to all the Protestants in Europe which were unreasonable if he did now execute the rigor of his Laws against the Roman Catholicks Our Viperous Countrymen the English Iesuites in France had many moneths before this favor granted invited the French King by writing a malicious Book to put all the Statutes in execution against the Protestants in those parts which were Enacted in England against the Papists and as they falsly informed severely executed Besides these Papists are no otherwise out of prison then with their shackles about their heels sufficient Sureties and good Recognizances to present themselves at the next Assizes and their own demeanor and the success of his Majesties Negotiations must determine whether they shall continue in this Grace But to conclude from the favor done to the English Papists that the King savors the Romish Religion is a composition of Folly and Malice little deserved by a gratious Prince who by Word Writing Exercise of Religion and Acts of Parliament hath demonstrated himself so resolved a Protestant As for his own Letter to the Iudges he said it recited onely four kindes of Recusancy capable of the Kings clemency not so much to include them as to exclude many other Crimes bearing the name of Recusancy as using the Function of a Romish Priest seducing the Kings Leige-people from the established Religion aspersing the King Church or State or the present Government All which Offences being
Fortification which must have Out-works and Inworks so I must not deal onely with mine own people but with my Neighbors advice to assist me in so great a business for recovery of the Palatinate And in this case it is not sufficient to have the hearts of my Subjects without the help of my Neighbors and Allies on the other side unless particular means be set down it will neither be a Bridle to our Enemies nor a comfort to my Friends who shall joyn with me General words will not carry it therefore I must resort to particular means and follow the Counsel of our Saviour Christ in the Gospel before I begin a War to see how I can maintain it God knows it is a longsome work yet I desire with Moses as I said before but to see the Land of Promise though I live not till it be recovered But unless particular means be discovered it is little to the point Therefore since you give me such fair general promises I will deal freely with you I will tell you in particular the way I will propose either by way of Subsidies or otherwise which being done in Parliament is a Parliamentary way I would require you to be pleased to bestow upon me Five Subsidies and Two Fifteens to every Subsidy for the War And for mine own necessities my crying debts are so heavy that no man can bear them with a greater grief of heart and sting of Conscience then I have done and do And I now growing old would be glad to see a means for the satisfying of my debts before I go out of the World And for this end I desire you would give me one Subsidy and two Fifteens yearly until my debts be paid Here the Prince his Highness taking notice of an Objection made that this might seem contradictory to that which his Highness had told the Committee of both Houses That the Kings Majesty would ask nothing for his own particular till the Wars were provided for The Prince said That the Duke of Buckingham in his absence hath moved this doubt unto the King Whereupon the Duke affirmed That speaking with the King about it his Majesty was pleased to say If we would adde one Subsidy and two Fifteens to make it up Six Subsidies and Twelve Fifteens for the War he was well content to quit that which he hath asked for his own necessities The King proceeded If this may be done or that I may see a fair way for it I will follow your Advice for I would never have asked your Advice to reject it or to put a scorn upon you For the levying of these Subsidies and Fifteens I would have you consider how to clear these two difficulties If you levy them too suddenly it may be heavy for the people if you stay too long it will not serve the turn But this I leave to your consideration And since I leave it to your selves to receive the Money and expend it by your own Committees of both Houses you may be the more secure And yet I would not have you to be too hasty in the levying of it that no extremity be shewed to my people by imposing too heavy a burthen upon them which God forbid On the other side the business will not suffer too long lingring about it I told you before I had in this great business to look to my Conscience and Honor as well as to the Means For the Means I must have it from you my Conscience and Honor is mine own of which I have thought and do think daily And how I shall be able to discharge them as a King ought to do yet not without taking help of your Advice which I would never have moved unless I had meant to follow it Here again the Prince said he had spoken with his Father to know of him whether he were satisfied in Honor and Conscience that he might in this case undertake a War and that his Majesty answered He was already satisfied and resolved therein but for the manner of publishing it he would take your Advice Then the Duke of Buckingham said the reason why his Majesty used these words was That having formerly spoken of his Honor and Conscience if he should now have left them out it might have been thought that money onely had drawn him to it But the King said He was already satisfied and resolved yet would have your Advice for the manner of declaring of it The King again proceeded I told you before that this was the way to make me in love with Parliaments and to shew mine inclination to continue them still My Resolution is to make this a Session for the passing of as many good Laws as in convenient time may be prepared and at Michaelmas or within a few days after to have a new Session and another at the Spring And in the mean time you may go down and acquaint your selves with the grievances of my people and you shall see my care to make good Laws and to reform abuses that so my Subjects may finde the good fruits of Parliaments and rejoyce in them And I protest as I have asked your Advice in these Points which I needed not to have done so I will never enter any Agreement or Treaty of Composition for Peace which is the end of War else it is unjust and unchristian without your Advice and I will help you my self if we enter into a War to make it allowable to the World and Honorable for me So the King resolved and declared his Resolution to dissolve the Treaties Hereupon Bonfires were made in London and the Bells rung for joy Then the Parliament made haste to pass the Act for the grant of three Subsidies and three Fifteens to be employed for the use aforesaid and by the same Act Treasurers were appointed to receive and disburse the Moneys and a Council of War to manage the Design The King made the ensuing Declaration to both Houses of Parliament MY Nobles and Gentlemen the last time I spake to you anent this great business I told you what in my opinion was necessarily required to the beginning of it The Reasons whereof you have truly set down out of my last Speech wherein I shewed you what good it would do and what harm it might free us from to express particular Aids at this time as well as general Promises It is true I must confess that how far you declare your selves is sufficient for the present entrance into the business though a great deal short of what I told you it would require But as God bears me Record and I think the hearts of all my loving Subjects will testifie for me I never did stick for Money but onely desired you to clear your selves by particulars that I may see how I may be able to go through so great a matter at least to make a good beginning of the War for what the end will be God knows So on the other part I
the Parliament to tend to the Kings dishonor and disturbance of Church and State and took Bond for his appearance Hereupon the King intimated to the House that the things determined concerning Mountague without his Privity did not please him for that he was his Servant and Chaplain in Ordinary and he had taken the business into his own hands whereat the Commons seemed to be much displeased Howbeit to take away all occasion of disgust from the King at the entrance of his Reign both Houses did humbly present two Subsidies granted to his Majesty as the first-fruits of their love whereof they craved acceptance The Lord Conway Secretary of State signified to the House of Lords the Commons being present the Kings gracious acceptance of the Bill of Two Subsidies Yet that the necessities of the present Affairs were not therein satisfied but required their further Counsels He reminded them that the late King was provoked beyond his nature to undertake a War for the recovery of his Childrens Antient Patrimony The charges of this War appeared by Computation to amount unto Seven hundred thousand pounds a year to support the Netherlands and to prevent the Emperors design of concluding with the Princes of Germany utterly to exclude the Palsgrave he levied an Army under Count Mansfield The Kings of Denmark and Sweden and the Princes of Germany levied another France Savoy and Venice joyned together for a War of Diversion and to uphold the Netherlands the charges of Mansfield and Denmarks Army must yet continue After this the Lord Keeper delivered a short Message from the King to both Houses That to the Petition of the Lords and Commons touching Religion his Majesty was pleased at the first to answer Gratiously but now he hath sent them a fuller Answer even an assurance of his real performance in every particular The Houses were preparing several Acts as against giving and taking of Bribes for places of Judicature about pressing of Soldiers and Tonnage and Poundage c. But by reason of the great increase of the Plague as appeared that week by the Bill of Mortality the King being moved by the Houses to grant a short Recess adjourned the Parliament to Oxford to reassemble the first of August following And for the same reason the receipt of the Kings Exchequer was removed from Westminster to Richmond and all Fairs within Fifty miles of London were prohibited to prevent a more general contagion In the time of this Recess the Vantguard a principal Ship of the Royal Navy with seven Merchant Ships of great burden and strength were lent to the French King and employed against Rochel which was thus brought about King Iames in his life time being in Treaty for a Marriage between his Son and the now Queen and entring into a War against the King of Spain and his Allies in Italy and the Valtoline had passed some Promise for the procuring or lending of ships to the French King upon reasonable Conditions but in no wise intending they should serve against Rochel or any of our Religion in France For the French Ministers pretended that the Ships should be employed onely against Genoa but afterwards the Protestants in France intimating their suspition that the design for Italy was a meer pretence to make up an Army to fall upon the Rochellers and others of the Religion King Iames willing to perform his promise and yet to secure the Protestants directed that the greater number of those that served in the Ships should be English whereby he might keep the power in his own hands For the performance of this Engagement the forenamed Ships were at this time commanded to the Coasts of France Nevertheless there wanted a sufficient care to prevent the abusing and inslaving them to the designs of the French King Captain Iohn Pennington the Admiral of this Fleet was much unsatisfied and presented to the Duke of Buckingham Lord High Admiral his Exceptions to the Contract between his Majesty and that King and chiefly for that the Companies were bound to fight at the French Kings Command against any Nation except their own and that the French might put aboard them as many of their own people as they pleased The Vantguard arived at Deep but the rest lingred behinde for the Companies understanding that the French design was to surprise the Ships and to block up the Harbor of Rochel resolved to sink rather then go against those of their own Religion Captain Pennington received Letters from the Duke and a Warrant from Secretary Conway in the Kings Name to command him to deliver up the Ships to the hands of such Frenchmen as his Christian Majesty shall appoint but withal directing him not to dissert his charge by which latter passage he was willing to understand that it was not the Dukes intention that he should dispossess himself and his Companies of them for he supposed his Grace had no such unjust thought as to continue him there alone These Orders were delivered unto him by the hands of the French Ambassador together with a Letter from the French King which willed him to receive his Soldiers and his Admiral the Duke of Montmorance and joyn with his Fleet against his Rebellious Subjects Whereupon the Ambassador urged the Surrender of the Ship and nothing would satisfie him but a present possession and a discharge of the English Soldiers save a very few in case they were willing to be entertained in the service Pennington after much dispute although he were promised an ample reward in Money to be given him at the Surrender and of a Royal Pension during his life came to this resolute Answer That without an express and clear Warrant he would not surrender nor discharge a man of his Company Whereupon the French Ambassadors Secretary came two several times to the Ship to protest against the Captain as a Rebel to his King and Countrey but at the making of the last Protest which was accompanied with threatning Speeches the Soldiers and Mariners grew into such a fury and tumult that they got up their Anchors and set fail for England saying They would rather be hanged at home then surrender the Ship or be Slaves to the French and fight against their own Religion All which Captain Pennington did not gainsay nor oppose but when they came to Anchor in the Downs he advertised the Duke of all that had hapned and craved further direction but complained of the Bondage of this Engagement assuring him That the Mariners would rather be hanged then return again into France So in all the rest of the Ships the Captains and Companies utterly refused the Service and protested against it though they were tempted with Chains of Gold and other Rewards All this while the Body of the Council were ignorant of any other design then thâ— of Genoa then divers persons came over from the Duke of Rohan and the Protestants of France to sollicit the King and Council against
to confirm an Agreement between the King and the Copy-holders of Macclesfield in Com. Cestr. c. 9. An Act for he settlement of an Agreement of the Tenants of Chelvenham and Ashby alias Charleton between the King and Sir Giles Grival Knight The Parliament being dissolved the King followed his Design of War and resolved that the Fleet should speedily put out to Sea he also entered into a League with the United-Provinces against the Emper or and King of Spain for restoring the Liberties of Germany the States by their Ambassadors sought this Union and the Duke of Buckingham with the Earl of Holland were sent to the Hague to conclude the same as also to comfort the Kings distressed Sister with hopes of a Restitution Soon after his Majesty issued forth a Proclamation whereby he commanded the return within limitted time of all such children of Noblemen and others his natural Subjects who were now breeding up in Schools and Seminaries and other houses of the Popish Religion beyond the Seas That their Parents Tutors and Governors take present order to recal them home and to provide that they return by the day prefixt at the utmost severity of his Majesties Justice and he commanded further That no Bishop Priest or any other person having taken Orders under any Authority derived from the Sea of Rome do presume to confer Ecclesiastical Orders or exercise Ecclesiastical Function or Jurisdiction towards any of his natural Subjects in any of his Dominions and that all Statutes in force be put in due execution against Jesuites Seminaries and others in Popish Orders prefixing a day for their departure out of his Dominions not to return again upon the severest penalties of the Law In the time of the late King very many of the natural Subjects of these Dominions had by publick permission betaken themselves to the service of the Emperor the King of Spain and Archdutchess of the Low-Countries and by this means they fought against others of their Country-men that were imployed by the States of the United-Provinces and on the behalf of the exiled Palatine But now the King foreseeing how improper and unnatural it were that his own natural Subjects should upon any occasion or accident draw their swords one against the other or any of them against their own Soveraign did by advice of his Privy-Council straitly command all those his Subjects who were under the pay of the Emperor the King of Spain or Archdutchess speedily to return to their Native Countries where they should be received and imployed as occasion served according to their several qualities The dissolution of the Parliament preventing the Act of Subsidies the King drew Supplies from the people by borrowing of persons able to lend such competent sums of money as might discharge the present occasions accordingly he directed Letters of the following Tenor to the Lords-Lieutenants of the Counties Right Trusty and Welbeloved c. IT hath been so usual a thing for Kings and Princes of this Realm to make use of their Subjects good affections by borrowing some such competent Sums of Money of Persons able to lend as might supply those present occasions for Publick Service which cannot attend that length of time wherein it can be raised by contribution by the generality of our Sujects As we have not onely present occasion to make the like Trial by borrowing from some private Gentlemen and others but also of your sincerity and endeavors in furtherance of the service that is to say in taking some course either out of your own knowledg and experience or by any other Means or Instruments which you like best to make Collection of as many Persons Names within the County wherein you are Lieutenant as may be of ability to furnish us with several Sums at this time and therefore to return in a Book both the Names of the Persons their Dwellings and what Sums you think they may spare that we may thereupon direct our Privy-Seals unto them according to the form of this inclosed And for your further instruction in this Case on whose Trust we do so much repose we wish you to advise herein with your Deputy Lieutenant as those from whom we have special cause to promise our selves all good Offices of duty and affection To which we must add thus much further That we do not intend at this time to deal with any Nobleman neither are you to deal with any of the Clergy because we have reserved that Direction to the Metropolitans of the several Provinces to proceed onely with some special persons that are known to be men of wealth and ability and not meerly subsisting upon those Livings which in most places are far inferior to that Maintenance we could wish them By which course and consideration of ours though you may perceive how much we desire to procure this Loan without inconvenience to any which is only intended for the service of the Publique yet must we assure you that we had no greater cause at any time then now to make use of your integrity and industry in respect of your election of the Lenders and of your constant demonstration both of diligence and affection to the service Having now delivered unto you as much as for the present can be expected from us We will refer you for any further direction unto our Privy-Council as hereafter occasion shall require To whom our pleasure is you do return your Certificates in manner and form as is aforesaid at the most within Twenty days after the Receipts of these our Letters Given at c. The Comptroller of the Kings Houshold by the Councils Order issued forth Letters in the Kings name under the Privy-Seal to the several persons returned for the Loan of Money in form as followeth Trusty and Welbeloved c. HAving observed in the Presidents and Customs of former Times that all the Kings and Queens of this Realm upon extraordinary occasions have used either to resort to those Contributions which arise from the generality of Subjects or to the private helps of some well-affected in particular by way of Loan In the former of which courses as we have no doubt of the love and affection of our People when they shall again assemble in Parliament so for the present we are enforced to proceed in the latter course for supply of some portions of Treasure for divers Publick services which without manifold inconveniences to us and our Kingdoms cannot be deferred And therefore this being the first time that we have required any thing in this kind we doubt not but we shall receive such a testimony of your good affection from you amongst other of our Subjects and that with such alacrity and readiness as may make the same so much the more acceptable especially seeing we require but that Sum which few men would deny a Friend and have a mind resolved to expose all our Earthly fortune for preservation of the General The Sum which we
thereupon their Lordships will be pleased to take care that the Grand-Iury men either by Evidence or their own Knowledge indict them which are not already indicted before the end of the Assises and that their Lordships admit no Traverse unless the Persons convicted have first yeilded their bodies into the custody of the Sheriff as their Lordships know well all the Iudges with one voice resolved the Law to be 3 That there be special care taken of Schoolmasters and Teachers of any kinde who are Popish that they be presented and proceeded against 4. That their Lordships give knowledge to the Counties where they sit that the married Women who are Popish Recusants convicted by the Law ought to be committed to the Common-Goal without Bail unless their husbands redeem their liberty by the constant payment of 10 l. a moneth and that it must be executed Your Lordships ready to be commanded ROB. HEATH Inner-Temple Mar. 7. 1625. The Commons proceeded in the Examination of Grievances and had a Report made unto them That the reason wherefore our Merchants Ships and Goods were seised in France was by reason of Sir Iames Bagg Vice-Admiral for Cornwal and other mens dealings towards the French in seising upon their goods in several Ports in England and particularly the seising of the Ship called the Peter of New-haven and brought into Plymouth by order from the Lord Duke after the King and Council had ordered this Ship to be restored upon a just Claim and that the Court of Admiralty had also released her That till this action the French did not begin to seise any English Goods or Ships That twenty and three bags of silver and eight bags of gold were by Sir Francis Steward delivered to the Lord Duke the Duke having notice hereof said he would justifie the stay of the Ship by order from the King The Council of War appointed to manage the business for the relief of the Palatinate were called into the House of Commons and this Question was propounded unto them Whether their Advice was followed which they gave for the four Ends mentioned in the Act of Parliament 21 Iacobi for which the moneys given by that Act were to issue Lord Carey Earl of Totnes and Lord Brook desired to be excused from answering the Lord Vere said He had been much absent in the Low-Countries and could say little the Lord Grandison said that since Iuly last they had seldom met Sir Robert Mansel and Sir Iohn Oyle desired a Copy of the Question and that they might all confer together before they gave Answer to a Question of this Concernment Afterwards the same persons except the Lord Vere were called in again who gave unsatisfactory answers when they were pressed to deal clearly and fully in the business It was answered by some of them That they conceived by the Act of Parliament they were bound to make no other Answer then what they had done Others desired before they answered that they might have the Kings consent first That obtained and a special Order of the House requiring an Answer Sir Robert Mansel declared his readiness to give a cleer and full Account While matters were thus debated Mr Secretary Cook delivered a Message from the King to the Commons declaring his Majesties occasion for Supply This Message was strengthened by a Conference which the Lords desired with the Commons where William Earl of Pembrook represented the Affairs of Christendom how they stood before the breach of the Treaties with Spain and how at that present shewing That the condition of the Palatinate was nothing bettered That Count Mansfiels Army was raised for the diversion of the League Catholick in Germany That the King of Denmark had thereupon engaged himself to stand or fall in this Quarrel in case of Supplies That the Swedes were forward and lastly That his Majesty had made a strict Alliance with the Hollander upon these terms That they shall bear a fourth part of the expence of our Navy and onely have a fourth part of the spoils the Lands and Cities conquered to be the Kings The fruits of all rich advantages will be lost if a speedy Assistance be not resolved on The Commons not thinking fit to take into consideration the matter of Supply at present call for a Report from the Committee appointed to consider of the Causes and Remedies of Evils which being made by Mr Wandesford it was resolved That the Diminution of the Kingdom in strength and honor is a general Evil which we suffer under a second the increase and countenancing of Papists a third the not guarding of the narrow Seas a fourth Plurality of Offices in one hand a fifth sales of Honors and places of Judicature a sixth delivery up of Ships to the French a Seventh misimployment of three Subsidies and three fifteens c. And they further ordered That the Duke whom these Misdemenors especially reflected on have notice that the Commons House intend suddenly to resume the debate of these things and Mr Clement Cook said openly That it were better to die by an Enemy then to suffer at home The Lords at that time more readily complying with the Kings desires appointed a Committee to consider of the safety and defence of the Kingdom in general and particularly of the safeguard of the Seas the store of Ammunition and Arms and all things incident thereunto and of strengthening the Forts for this the King gave them thanks and desired them to proceed with alacrity The Committee of Lords made haste and reported their advice to the House That one Fleet be presently set to Sea against the King of Spain to annoy him and to prevent the Invasion of this Kingdom That another be set out to defend our own Coasts and the Merchants from Pirats and that consideration be had of maintaining the Armies under the King of Denmark and Count Mansfield but the House would give no opinion thereupon till they had Conference with the House of Commons which was desired upon this occasion To which Message the Commons onely returned this Answer That they desire to have a good correspondency with their Lordships and will be ever carefull of the safety and defence of the Kingdom and maintain their own priviledges as is fitting and immediately proceed with the debate concerning the Duke which was a little interrupted as well by a Letter of the Kings to the Speaker as by a Message delivered by Sir Richard Weston touching Supply King Charles to the Speaker Trusty and Welbeloved c. HAving assembled the Parliament early in the beginning of the year for the more timely help and advice of our People in our great and important Affairs and having of late not onely by Message but also of our self put our House of Commons in minde of our pressing occasions and of the present Estate of Christendom wherein they have equal interest with us as well in respect of their own former engagements
Tenants and therefore they are called by Bracton Robur Belli how can we now expect the like from such as have no Tenants and are hardly able to maintain themselves But this is not all for the prejudice grows not primitively by defect of that assistance which they might give the State but positively they have been a great burthen to the Kingdom by Gifts and Pensions already received and yet stand in need of more for the future support of their Dignities This makes the Dukes offence the greater that in this weakness and consumption of the Commonwealth he hath not been contented alone to consume the qublick Treasure which is the blood and nourishment of the State but hath brought in others to help him in this work of destruction And that they might do it more eagerly by inlarging their Honors he hath likewise inlarged their Necessities and their Appetites He did second his Charge with two Presidents the first 28 Henry 6. in the Complaint against the Duke of Suffolk in the One and thirtieth Article of that Complaint this was one of his Charges That he William de la Pool Duke of Suffolk had procured one who had married his Niece to be made Earl of Kendal and obtained for him One thousand pounds per annum in the Dutchy of Guienne and yet this Party was the Son of a Noble and well deserving Father So you see this is no new thing for the House of Commons to complain that those that are neer the King should raise their Kindred to an unnecessary Honor and if that were worthy of punishment for advancing of one then what punishment is he worthy of that hath advanced so many The second President is 17 Edw. 4. There passed an Act of Parliment for the Degrading of Iohn Nevil Marquis Montague and Duke of Bedford the reason expressed in the Act is because he had not a Revenue sufficient for the maintaining of that Dignity to which is added another reason of that nature that when men of mean birth are called to a high Estate and have not livelihood to support it it induceth great poverty and causeth briberies and extortions imbraceries and maintenance And now my Lords how far these Reasons shall lead your Judgements in this Case I must leave it to your Lordships Then he read the Twelfth Article being the second part of his Charge the Title whereof was The Exhausting Intercepting and Misimploying the Kings Revenues My Lords This Article consists of several Clauses which in some respects may be called so many distinct Charges for though they all tend to one end and scope the diminishing the Kings Treasure yet it is by divers wayes so that every Clause is a particular Branch Therefore he desired to break it into parts and to select the most material either in point of offence or grievance intenâ—ing to pass through them with this order first to declare the state of the proof and then to add such reasons and inforcements as he did conceive most conduceable to that Judgement which the Commons were to expect from their Lorships He made two main Branches of this Article The first concerns Lands obtained from the Crown the second concerns Money in Pensions Gifts Farms and other kinde of profit Touching the Lands he observed four Things 1. The sum of Three thousand thirty five pounds per annum of old Rent besides the Forest of Layfield of which we have no value and we can finde no Schedule granted by the late King to my Lord of Buckingkham within ten years past as appeareth by the several Grants vouched in the Schedule annexed and it was in it self a great grievance That in a time of such necessity when the Kings Revenues are not able to support such a great charge that so much Land should be conveyed to a private man This he acknowledged was not the Dukes case alone for others had received divers Grants from the King but none in so great measure And because the Commons aim not at Judgement onely but at Reformation he wished That when the King should bestow any Land for support of Honors that the caution which was wont to be carefully observed might again return into use that is to annex those Lands to the Dignity lest being obtained and wasted the Party repair to the King for a new support by which provision the Crown will reap this Benefit That as some Lands go out by new Grants others will come in by spent Intails He said he would not trouble their Lordships with repetition of the Laws heretofore made for preventing the alienation of the Kings Lands and for resuming those that had been alienated nor of the Ordinances made in this high Court for the same purpose and Fines set upon those that presumed to break such Ordinances he onely added as a further enforcement of the Grievance That when the Kings Revenues be unable to defray publick necessities the Commons must needs be more burthened with Supplies 2. His second Point was the unusual Clauses which the Duke by his greatness hath procured to be inserted into the Warrants for passing of those Lands of which two were mentioned the first That the casual profits should not be rated in the particulars the second That all Bailiffs Fees should be reprised Both which are to be proved by the Warrants remaining with the Auditor of the Rates and other Auditors whereupon he presented these Considerations First That it was a mark of Ingratitude and Insatiableness in the Duke thus to strain the Kings Bounty beyond his intention and that he would not receive this Bounty by the ordinary way but by the way of Practice Secondly It argued Unfaithfulness in him that being a sworne Counsellor he should put the King into such Courses of so much prejudice deceitfully in concealing the value of that which he bought so that the King gave he knew not what For under the proportion of Two thousand pounds he gives it may be Four thousand pounds And by this the King did not only sustain great loss for the present but it opened a way of continual loss which hath ever since been pursued by all those who have passed Lands from the Crown Thirdly The King is hereby not left Master of his own Liberality neither in proportion nor certainty for it might so fall out that the Quantity passed from him might be treble to that he intended 3. The third was The Surrender of divers Parcels of these Lands back to the King after he had held them some years and taking others from the King in exchange Where he noted That the best of the Lands and most vendible being passed away the worst lay upon the Kings hand that if he shall have occasion to raise money by sale of Lands that Course is not like to furnish him Besides that in the mean time betwixt the Grants and the Surrenders opportunity was left to the Duke to cut down Woods to infranchise Copiholds to make long Leases and yet
to convey them to the Treasury of the Navy If the truth be according to the Privy-seal they are to be added to the former Total as parcel of his own gain If according to that allegation it may prove a president of greater damage to the King then the money is worth for by this way his Majesty hath no means by matter of Record to charge the Treasurer of the Navy with these sums and may lose the benefit of the Act of Parliament 13 Eliz. whereby Accomptants Lands are made liable to the paiment of their Debts to the King and in many cases may be sold for his Majesties satisfaction The Treasurer of the Navy is a worthy man but if he should die the King loseth the benefit The fourth point of this branch is That he hath caused so great a mixture and confusion between the Kings Estate and his own that they cannot be distinguished by the Records and Entries which ought to be kept for the safety of his Majesties Treasure and indempnity of the Subject This is proved in divers instances whereof the last alleaged is one and others follow By the wisdom of the Law in the constitution of the Exchequer there be three Guards set upon the Kings Treasure and Accompts The first is a legal Impignoration whereby the Estates personal and real of the Accomptants are made liable to be sold for the discharge of their Debts which I mentioned before The second an apt Controlment over every Office by which the King relies not upon the industry and honesty of any one man but if he fail in either it may be discovered by some other sworne to take notice of it and either to correct his Errors or amend his Faults The third is a durable Evidence and Certainty not for the present time only but for perpetuity because the King can neither receive or pay but by Record All these Guards have been broken by the Duke both in the Cases next before recited and in these which follow The Custom of the Exchequer is the Law of the Kingdom for so much as concerneth the Kings Revenue Every breach of a Law by a particular offence is punishable but such an offence as this being destructive of the Law itself is of a far higher nature The fifth point of this second branch is concerning two Privy-seals of Release the one 16 the other 20 Iac. whereby this Duke is discharged of divers sums secretly received to his Majesties use but by vertue of these Releases to be converted to the support of his own Estate The proof hereof is referred to the Privy-seals themselves From which he made one observation of the subtilty he used to winde himself into the possession of the Kings money and to get that by cunning steps and degrees which peradventure he could not have obtained at once A good Master will trust a Servant with a greater sum that is out of his purse then he would bestow upon him being in his purse and yet after it is out of his hands may be drawn more easily to make a Release then at first to have made a Free gift This is a proper instance to be added to the proof of the point of mingling his own Estate with the Kings and of the same kind be other particulars mentioned in the Schedule though not expressed in the Charge as Twenty thousand pounds received in Composition for the Earl of M. his Fine which cannot be discovered whether part or all be converted to the Dukes benefit and yet it appears by a Privy-seal to be cleerly intended to the Kings own service for the Houshold and Wardrobe till by the Dukes practice it was diverted into this close and by-way Another instance in this is His endeavor to get the money which should be made of Prize-goods into his own hands And for this purpose he first labored to procure that his man Gabriel Marsh might receive it and when it was thought fit some Partner should be joined with him trial was made of divers but none of any credit would undertake the Charge with such a Consort And the Commons have reason to think there was good cause of this refusal for he is so ill an Accomptant that he confessed in their House being examined that by authority from the Duke he received divers bags of gold and silver out of the S. Peter of Newhaven which he never told When this practice of imploying his own man would take no effect then he procured a Commission from Sir William Russell who is indeed without exception an able and worthy Officer but that is not enough for the Kings security For howsoever he was to receive the money it was to be disbursed by and to the Dukes warrant and profit Which Clause hath been altered since this was questioned in Parliament and now it is to be issued from an immediate Warrant from his Majesty But as it was before it may be noted as an incroachment upon the Office of my Lord Treasurer whereby he might make a more easie way to some sinister end of his own so that upon the matter Sir William was but a safeguard of the money for the Duke himself And this I must note of some guilt in the very act of it The last point upon this whole Charge was a reduction of the value of the Land together with the mony into one totall and to that purpose he rated the Land being valued at a reasonable value at forty years purchase for although some of it was sold for thirty yet a great part was worth more then a hundred years purchase so as forty years is conceived to be an easy Medium at this rate 3035 l. amounteth to 121400 l. which being added to the total of the mony received 162995 l. both together make the sum of 284395 l. besides the Forrest of Leyfeild and besides the profit made out of the thirds of Strangers goods and the Moyetie of the profit made out of the Customes of Ireland This is a great sum in it self but much greater by many Circumstances if we look upon the time past never so much came into any private mans hands out of the publique purse if we respect the time present the King never had so much want never so many forreign occasions important and expensive the Subjects never have given greater supplies and yet those supplies unable to furnish these expences But as the Circumstances make the sum greater so there be other Circumstances which make it less if it be compared with the inestimable gain he hath made by the sale of Honors and Offices and by projects hurtfull to the State both of England and Ireland or if it be compared to his profusion it will appear but a little sum All these gifts and other ways of profit notwithstanding he confest before both Houses of Parliament that he was indebted 100000 l. If this be true how can we hope to satisfie his prodigality if false how can we hope to satisfie
the Ship to be out of their Jurisdiction if the Warrant come from the Lord Admiral they will pretend it to be within the Jurisdiction of the Cinque Ports And so whilst the Officers dispute the opportunity of the service is lost 7. When the Kings Ships lie near the Ports and the men come on shore the Officers refuse to assist the Captains to reduce them to the Ships without the Lord Wardens Warrant 8. If the Kings Ships on the sudden have any need of Pilots for the Sands Coasts of Flanders or the like wherein the Portsmen are best experienced they will not serve without the Lord Wardens or his Lieutenants Warrant who perhaps are not near the place 9. When for great occasions for the service of the State the Lord Admiral and Lord Warden must both joyn their Authority if the Officers for want of true understanding of their several Limits and Jurisdictions mistake their Warrants the service which many times can endure no delay is lost or not so effectually performed For these and many other Reasons of the like kinde the Duke not being led either with ambition or hope of profit as hath been objected for it could be no encrease of Honor to him having been honored before with a greater place nor of profit for it hath not yielded him in any matter any profit at all nor is like to yield him above Three hundred pounds per annum at any time but out of his desire to make himself the more able to do the King and Kingdom service and prevent all differences and difficulties which heretofore had or hereafter might hinder the same He did entertain that motion and doth confess that not knowing or so much as thinking of the said Act of Parliament before mentioned he did agree to give the said Lord One thousand pounds in money and Five hundred pounds per annum in respect of his Surrender he not being willing to leave his place without such consideration nor the Duke willing to have it without his full satisfaction and the occasion why the Duke of Buckingham gave that consideration to the Lord Zouch was because the Duke of Richmond in his life time had first agreed to give the same consideration for it and if he had lived he had had that place upon the same terms And when the said Duke of Richmond was dead his late Majesty directed the Duke of Buckingham to go thorow for that place and for the Reasons before-mentioned to put both these Offices together and to give the same consideration to the said Lord which the Duke of Richmond should have given and his late Majesty said he would repay the money And how far this act of his in acquiring this Office accompanied with these Circumstances may be within the danger of the Law the King being privy to all the passages of it and encouraging and directing it he humbly submitteth to your judgement and he humbly leaves it to your Lordships judgments in what third way an antient servant to the Crown by age or infirmity disabled to perform his service can in an honorable course relinquish his place for if the King himself give the Reward it may be said it is a charge to the Crown if the succeeding Officer give the Recompence it may thus be objected to be within the danger of the Law And howsoever it be yet he hopeth it shall not be held in him a crime when his intentions were just and honorable and for the furtherance of the Kings service neither is it without president that in former times of great employment both these Offices were put into one hand by several Grants To this Article whereby the not guarding of the Narrow Seas in these last two years by the Duke according to the trust and duty of an Admiral is laid to his charge whereof the consequence supposed to have been meerly through his default are the ignominious infesting of the Coasts with Pirats and Enemies the endangering of the Dominion of these Seas the extream loss of the Merchants and the decay of the Trade and Strength of the Kingdom The Duke maketh this Answer That he doubteth not but he shall make it appear to the good satisfaction of your Lordships that albeit there hath hapned much loss to the Kings Subjects within the said time of two years by Pirats and Enemies yet that hath not hapned by the neglect of the Duke or want of care and diligence in his place For whereas in former times the ordinary Guard allowed for the Narrow Seas hath been but four Ships the Duke hath since Hostility begun and before procured their number to be much increased for since Iune 1624. there hath never been fewer then Five of the Kings Ships and ordinarily Six besides Pinnaces Merchants Ships and Drumblers and since open hostility Eight of the Kings Ships besides Merchants of greater number and Pinnaces and Drumblers and all these well furnished and manned sufficiently instructed and authorised for the service He saith he hath from time to time upon all occasions acquainted his Majesty and the Council-Bord therewith and craved their advice and used the assistance of the Commissioners for the Navy in this service and for the Dunkirkers who have of late more infested these Coasts then in former years he saith There was that Providence used for the repressing of them that his Majesties Ships and the Hollanders joyning together the Port of Dunkirk was blocked up and so should have continued had not a sudden storm dispersed them which being the immediate hand of God could not by any pollicy of man be prevented at which time they took the opportunity to Rove abroad but it hath been so far from endangering the Dominion of the Narrow Seas thereby as is suggested That his Majesties Ships or Men of War were never yet mastered nor encountred by them nor will they endure the sight of any of our Ships and when the Duke himself was in person the Dunkirkers run into their Harbors But here is a necessity that according to the fortune of Wars interchangeable losses will happen yet hitherto notwithstanding their more then wonted insolency the loss of the Enemies part hath been as much if not more then what hath hapned to us and that loss that hath faln hath cheifly come by this means that the Dunkirkers Ships being of late years exercised in continual hostility with the Hollanders are built of a Mold as fit for flight as for fight and so they pilfer upon our Coasts and creep to the shore and escape from the Kings Ships But to prevent that inconvenience for the time to come there is already order taken for the building some Ships which shall be of the like Mold light and quick of sail to meet with the adverse party in their own way And for the Pirates of Sallie and those parts he saith it is but very lately that they found the way into our Coasts where by surprise they might easily do
and written divers Books and know very well what appertaineth to the Schools This is a new kinde of Learning unto me I have formerly found fault that the Author of this Sermon quoteth not the places whereupon he grounds his Doctrine and when I have oft called for them it is replied unto me that I must take them upon the credit of the Writer which I dare not do for I have searched but one place which he quoted in general but sets down neither the words nor the Treatise nor the Chapter and I finde nothing to the purpose for which it is quoted and therefore I have reason to suspect all the rest I pray you therefore in the humblest manner to commend my service to the King my Master and let him know that unless I may have all the Quotations set down that I may examine them and may have that writing wherein I am so ill used I cannot allow the Book Before I go further it shall not be amiss to touch some particulars of that which I sent in writing to the King The first was Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative To this Mr. Murrey said The King doth not plead it But my Reply was By what then doth he coerce those Refractories for I have not heard of any Law whereby they are imprisoned and therefore I must take it to be by the Kings Prerogative To the second Page 8. The Kings duty is first to direct and make Laws There is no Law made till the King assent unto it but if it be put simply to make Laws it will cause much startling at it To this I remember not any material thing answered neither to the third Page 10. If nothing may excuse from active obedience but what is against the Law of God or of Nature or impossible How doth this agree with the first Fundamental Position Page 5. That all Subjects are bound to all their Princes according to the Laws and Customs of the Kingdom wherein they live This is a fourth Case of Exception And here before I go to the rest the Doctor did truly hit upon a good point in looking to the Laws and Customs if he could have kept him to it for in my memory and in the remembrance of many Lords and others that now live Doctor Haresenet the then Bishop of Chichester and now of Norwich in Parliament time Preached a Sermon at Whitehal which was afterward burned upon the Text Give unto Caesar the things that be Caesars Wherein he insisted That Goods and Money were Caesars and therefore they were not to be denied unto him At this time when the whole Parliament took main offence thereat King Iames was constrained to call the Lords and Commons into the Banqueting-house at Whitehal and there his Majesty calmed all by saying The Bishop onely failed in this when he said the Goods were Caesars he did not adde They were his according to the Laws and Customs of the Countrey wherein they did live So moderate was our Caesar then as I my self saw and heard being then an eye and ear witness for I was then Bishop of London To the fourth The Poll-Money in St. Matthew was imposed by the Emperor as a Conqueror over the Iews and the execution of it in England although it was by a Law produced a terrible effect in King Richard the Second's time when onely it was used for ought that appeareth Here the Bishop in the Paper excepted divers things as That sometimes among us by Act of Parliament strangers are appointed to pay by the Poll which agreeth not with the Case and that it was not well to bring examples out of weak times whereas we live in better but that it was a marvelous fault the blame was not laid upon the Rebels of that Age. Those are such poor things that they are not worth the answering But my Objection in truth prevailed so far that in the Printed Book it was qualified thus Poll-Money other persons and upon some occasions where obiter I may observe That my refusing to sign the Sermon is not to be judged by the Printed Book for many things are altred in one which were in the other To the fifth Page 12. It is in the bottome view the Reign of Henry the Third whether it be fit to give such allowance to the Book being surreptiously put out To this it was said That being a good passage out of a blame-worthy Book there was no harm in it But before the Question of Sibthorps Treatise the Bishop of Bathe himself being with me found much fault with that Treatise as being put out for a scandalous Parallel of those times To the sixth in the same Page Let the largeness of those words be well considered Yea all Antiquity to be absolutely for absolute Obedience to Princes in all Civil or Temporal things For such Cases as Naboths Vineyard may fall within this Here the Bishop was as a man in a rage and said That it was an odious comparison for it must suppose that there must be an Ahab and there must be a Iezabel and I cannot tell what But I am sure my Exception standeth true and reviling and railing doth not satisfie my Argument All Antiquity taketh the Scripture into it and if I had allowed that proportion for good I had been justly beaten with my own Rod. If the King the next day had commanded me to send him all the Money and Goods I had I must by mine own rule have obeyed him and if he had commanded the like to all the Clergy-men in England by Doctor Sibthorps proportion and my Lord of Canterburies allowing of the same they must have sent in all and left their Wives and Children in a miserable case Yea the words extend so far and are so absolutely delivered That by this Divinity if the King should send to the City of London and the Inhabitants thereof commanding them to give unto him all the wealth which they have they were bound to do it I know our King is so gratious that he will attempt no such matter but if he do it not the defect is not in these flattering Divines who if they were called to question for such Doctrine they would scarce be able to abide it There is a Meum and a Tuum in Christian Commonwealths and according to Laws and Customs Princes may dispose of it that saying being true Ad Reges potestas omnium pertinet ad singulos proprietas To the seventh Page 14. Pius Quintus was dead before the year One thousand five hundred and eighty They make no Reply but mend it in the Printed Book changing it into Gregory the Thirteenth To the last in the same Page weigh it well How this Loan may be called a Tribute and when it is said We are promised shall not be immoderately imposed How that agreeth with his Majesties Commission and Proclamation which are quoted in the Margent
when the end may be the service of his Majesty and the good of the Commonweale But on the contrary when against a Parliament Law the Subject shall have taken from him his goods against his will and his liberty against the Laws of the Land shall it be accounted want of duty in us to stand upon our Priviledges hereditary to us and confirmed by so many Acts of Parliament In doing this we shall but tread the steps of our forefathers who ever preferred the Publick Interest before their own right nay before their own lives nor can it be any wrong to his Majesty to stand upon them so as thereby we may be the better enabled to do his Majesties service but it will be a wrong to us and our posterity and our consciences if we willingly forego that which belongs unto us by the Law of God and of the Land and this we shall do well to present to his Majesty we have no cause to doubt of his Majesties gracious acceptation This Debate said Sir Tho. Wentworth carries a double Aspect towards the Soveraign and the Subject though both be innocent both are injured and both to be cured Surely in the greatest humility I speak it these illegal ways are punishment and marks of indignation the raising of Loans strengthned by Commission with unheard of Instructions and Oathes the billetting of Soldiers by the Lieutenants and Deputy Lieutenants have been as if they could have perswaded Christian Princes yea worlds that the right of Empires had been to take away by strong hands and they have endeavored as far as possible for them to do it This hath not been done by the King under the pleasing shade of whose Crown I hope we shall ever gather the fruits of Justice but by Projectors who have extended the Prerogative of the King beyond the just Symetry which maketh a sweet harmony of the whole They have brought the Crown into greater want then ever by anticipating the Revenues And can the Shepherd be thus smitten and the Speep not scattered They have introduced a Privy-Council ravishing at once the Spheres of all ancient Government imprisoning us without either bail or bond they have taken from us what shall I say indeed what have they left us All means of supplying the King and ingratiating our selves with him taking up the root of all propriety which if it be not seasonably set again into the ground by his Majesties own hands we shall have insteed of beauty baldness To the making of those whole I shall apply my self and propound a Remedy to all these diseases By one and the same thing have King and People been hurt and by the same must they be cured to vindicate what new things no our ancient vital Liberties by reinforcing the ancient Laws made by our Ancestors by setting forth such a Character of them as no licentious spirit shall dare to enter upon them and shall we think this is a way to break a Parliament no our desires are modest and just I speak truly both for the interest of King and People if we injoy not these it will be impossible for to relieve him Therefore let us never fear they shall not be accepted by his goodness wherefore I shall shortly descend to my motions consisting of four parts two of which have relation to our persons two to the propriety of goods for our persons first the freedom of them from imprisonment secondly from imployment abroad contrary to the ancient Customs For our goods that no Levies be made but by Parliament secondly no billetting of Soldiers It is most necessary that these be resolved that the Subject may be secured in both Sir Benjamin Rudyard stands up as a Moderator and spake thus This is the Chrysis of Parliaments we shall know by this if Parliaments live or die the King will be valued by the success of us the Councils of this House will have opperations in all 't is sit we be wise his Majesty begins to us with affection proclaiming that he will relie on his peoples love preservation is natural we are not now on the bene esse but on the esse be sure England is ours and then prune it Is it no small matter that we have provoked two most Potent Kings we have united them and have betrayed our selves more then our enemies could Men and Brethren what shall we do is there no balm in Gilead if the King draw one way the Parliament another we must all sink I respect no particular I am not so wise to contemn what is determined by the major part one day tells another and one Parliament instructs another I desire this House to avoid all contestations the hearts of Kings are great 't is comely that Kings have the beter of their Subjects give the King leave to come off I believe his Majesty expects but the occasion 't is lawfull and our duty to advise his Majesty but the way is to take a right course to attain the right end which I think may be thus by trusting the King and to breed a trust in him by giving him a large Supply according to his wants by prostrating our Grievances humbly at his feet from thence they will have the best way to his heart that is done in duty to his Majesty And to say all at once Let us all labor to get the King on our side and this may be no hard matter considering the neer subsistence between the King and people Sir Edward Cook spake next Dum tempus habemus bonum operemur I am absolutely to give Supply to his Majesty yet with some caution To tell you of Forein dangers and inbred evils I will not do it the State is inclining to a consumption yet not incurable I fear not Forein Enemies God send us peace at home for this disease I will propound remedies I will seek nothing out of mine own head but from my heart and out of Acts of Parliament I am not able to fly at all Grievances but only at Loans Let us not flatter our selves who will give Subsidies if the King may impose what he will and if after Parliament the King may inhaunce what he pleaseth I know the king will not do it I know he is a Religious King free from personal vices but he deals with other mens hands and sees with other mens eyes will any give a Subsidy that may be taxed after Parliament at pleasure the King cannot tax any by way of Loans I differ from them who would have this of Loans go amongst Grievances but I would have it go alone I le begin with a noble Record it cheers me to think of it 25. E. 3. it is worthy to be written in letters of gold Loans against the will of the Subject are against reason and the Franchises of the Land and they desire restitution what a word is that Franchise The Lord may tax his Villain high or low but it is against the Franchises
of the Land for freemen to be taxed but by their consent in Parliament Franchise is a French word and in Latine it is Libertas In Magna Charta it is provided that Nullus liber homo capiatur vel imprisoâ—etur aut disseisietur de libero tenemento suo c. nisi per legale judicium parium suorum vel per legem terrae which Charter hath been confirmed by good Kings above thirty times When these Gentlemen had spoken Sir Iohn Cook Secretary of State took up the matter for the King and concluded for redress of Grievances so that Supplies take the precedency And said I had rather you would hear any then me I will not answer what hath been already spoken my desire is not to stir but to quiet not to provoke but to appease my desire is that every one resort to his own heart to reunite the King and the State and to take away the scandal from us every one speaks from the abundance of his heart I do conclude out of every ones Conclusion to give to the King to redress Grievances all the difference is about the manner we are all Inhabitants in one House the Commonwealth let every one in somewhat amend his house somewhat is amiss but if all the House be on fire will we then think of amending what 's a miss will you not rather quench the fire the danger all apprehend The way that is propounded I seek not to decline illegal courses have been taken it must be confessed the redress must be by Laws and Punishment but withal add the Law of Necessity Necessity hath no Law you must abilitate the State to do what you do by Petition require It is wished we begin with Grievances I deny not that we prepare them but shall we offer them first will not this seem a Condition with his Majesty do we not deal with a wise King jealous of his Honor All Subsidies cannot advantage his Majesty so much as that his Subjects do agree to Supply him This will amaze the Enemy more then ten Subsidies begin therefore with the King and not with our selves This dayes Debate said Sir Robert Philips makes me call to minde the custom of the Romans who had a solemn feast once a year for their Slaves at which time they had liberty without exception to speak what they would whereby to ease their afflicted minds which being finished they severally returned to their former servitude This may with some resemblance and distinction well set forth our present State where now after the revolution of some time and grievous sufferings of many violent oppressions we have as those Slaves had a day of liberty of speech but shall not I trust be herein Slaves for we are free we are not Bondmen but Subjects these after their Feast were Slaves again but it is our hope to return Freemen I am glad to see this mornings work to see such a sense of the Grievances under which we groan I see a concurrence of grief from all parts to see the Subject wronged and a fit way to see the Subject righted I expected to see a division but I see honorable conjunction and I take it a good Omen It was wished by one that there were a forgetfulness of all let him not prosper that wisheth it not No there is no such wayes to perfect remedy as to forget injuries but not so to forget as not to recover them It was usual in Rome to bury all injuries on purpose to recover them It was said by a Gentleman that ever speaks freely We must so govern our selves as if this Parliament must be the Chrysis of all Parliaments and this the last I hope well and there will be no cause for the King our Head to except against us or we against him The dangers abroad are presented to us he is no English man that is not apprehensive of them We have provoked two Potent Kings the one too near who are too strongly joyned together the dangers are not Chimerical but real I acknowledge it but it must be done in proportion of our dangers at home I more fear the violation of Publick Rights at home then a Forein Enemy Must it be our duties and direction to defend Forein dangers and establish security against them and shall we not look at that which shall make us able and willing thereunto We shall not omit to confide and trust his Majesty otherwise our Councils will be with fears and that becomes not Englishmen The unaccustomed violences I have nothing but a good meaning â—rench into all we have To the four particulars already mentioned wherein we suffer one more may be added Lest God forbare to hear me in the day of my trouble our Religion is made vendible by Commissions Alas now a tolleration is granted little less and men for pecuniary annual rates dispenced withal whereby Papists without fear of Law practise Idolatry and scoff at Parliaments at Laws and all it is well known the people of this State are under no other subjection then what they did voluntarily consent unto by the original contract between King and people and as there are many Prerogatives and Priviledges conferred on the King so there are left to the Subject many necessary Liberties and Priviledges as appears by the Common Laws and Acts of Parliament notwithstanding what these two Sycophants have prated in the Pulpit to the contrary Was there ever yet King of England that directly ever violated the Subjects Liberty and Property but their actions were ever complained of in Parliament and no sooner complained of then redressed 21 E. 3. there went out a Commission to raise money in a strange manner the succeeding Parliament prayed redress and till H. 8. we never heard of the said Commissions again Another way was by Loan a worm that cankered the Law the Parliament did redress it and that money was paid again The next little Engine was Benevolence what the force of that was look into the Statute of R. 3. which damned that particular way and all other indirect wayes Since the Right of the Subject is thus bulwarkt by the Law of the Kingdom and Princes upon complainâ— have redressed them I am confident we shall have the like cause of joy from his Majesty I will here make a little digression The County I serve for were pleased to command me to seek the removal from them of the greatest burthen that ever people suffered It was excellently said Commissionary Lieutenants do deprive us of all Liberty if ever the like was seen of the Lieutenancy that now is I will never be believed more They tell the people they must pay so much upon a warrant from a Deputy Lieutenant or be bound to the good behavior and sent up to the Lords of the Council it is the strangest Engine to rend the Liberty of the Subject that ever was there was now a Decemviri in every County and amongst that
propriety in my own house and not liberty in my person Perspicuè vera non sunt probanda The King hath distributed his Judicial power to Courts of Justice and to Ministers of Justice it is too low for so great a Monarch as the King is to commit men to Prison and it is against Law that men should be committed and no cause shewed I would not speak this but that I hope my Gracious King will hear of it yet it is not I Edw. Cook that speaks it but the Records that speak it we have a National appropriate Law to this Nation diversis ab orbe Brittannis I will conclude with the Acts of the Apostles chap. 25. It is against reason to send a man to Prison and not to shew the cause It is now time to go to the Question Resolved upon the Question Nemine contradicente I. That no Freeman ought to be detained or kept in Prison or otherwise restrained by the command of the King or the Privy-Council or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained II. That the Writ of Habeas Corpus may not be denied but ought to be granted to every man that is committed or detained in Prison or otherwise restrained though it be by the command of the King the Privy-Council or any other he praying the same III. That if a Freeman be committed or detained in prison or otherwise restrained by the Command of the King the Privy-Council or any other no cause of such Commitment Detainer or Restraint being expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a Habeas Corpus granted for the said Party then he ought to be delivered or bailed And then taking into consideration the Property of the Subject in his Goods they came to this Resolution to which there was not a Negative viz. That it is the antient and undubitable right of every Freeman That he hath a full and absolute Property in his Goods and Estate that no Tax Tallage Loan benevolence or other like charge ought to be commanded or levied by the King or any of his Ministers without common consent by Act of Parliament Wednesday March 26. The Propositions tendred the day before by Secretary Cook from his Majesty were now received and read but the Debate thereof was referred to another day The Propositions were these viz. 1. To furnish with men and Victuals 30 ships to guard the narrow Seas and along the Coasts 2. To set out ten other ships for the relief of the Town of Rochel 3. To set out ten other ships for the preservation of the Elbe the Sound and Baltick-Sea 4. To leavy Arms Cloth Victual pay and transport an Army of 1000. Horse and 10000. Foot for Forein Service 5. To pay and supply 6000 l. more for the service of Denmark 6. To supply the Forts of the Office of Ordnance 7. To supply the Stores of the Navy 8. To build 20 ships yearly for the increase of the Navy 9. To repair the Forts within the Land 10. To pay the arrears of the Office of Ordnance 11. To pay the arrears of the Victuallers Office 12. To pay the Arrear of the Treasure of the Navy 13. To pay the Arrears due for the freight of divers Merchants ships imployed in his Majesties Service 14. To provide a Magazine for Victuals for Land and Sea-service And the Commons having a Conference with the Lords about the Petition against Recusants Secretary Cook was appointed to manage the said Conference In the first place he said we acknowledge all due honor both unto the reverend Fathers of the Church and to our Noble Lords in that ye have shined before us as worthy Lights in the encouragement and maintenance of true Religion being the true support of all Dignities and Honors And this forwardness of you is the more remarkable when that viperous Generation as your Lordships justly stiled them do at ease with tooth and nail essay to rend the Bowels of their Mother Give me leave to tell you what I know that these now both vaunt at home and write to their friends abroad They hope all will be well and doubt not to prevail and to win ground upon us And a little to awake the Zeal and Care of our learned and grave Fathers it is fit that they take notice of that Hierarchy which is already established in competition with their Lordships for they have a Bishop consecrated by the Pope This Bishop hath his Subalternate Officers of all kindes as Vicars-General Arch-Deacons Rural-Deans Apparators and such like neither are these nominal or titular Officers alone but they all execute their Jurisdictions and make their ordinary Visitations through the Kingdom keep Courts and determine Ecclesiastical Causes And which is an Argument of more consequence they keep ordinary intelligence by their Agents in Rome and hold correspondence with the Nuntio's and Cardinals both at Bruxels and in France Neither are the Seculars alone grown to this height but the Regulars are more active and dangerous and have taken deep root they have already planted their Societies and Colledges of both Sexes they have setled Revenues Houses Libraries Vestments and all other necessary provisions to travel or stay at home nay even at this time they intend to hold a concurrent Assembly with this Parliament But now since his Sacred Majesty hath extended his Royal arm and since the Lords of his Council have by their Authority caused this nest of Wasps to be digged out of the Earth and their Convocations to be scattered And since your Lordships joyn in courage and resolution at least to reduce this people to their lawfull restraint that they may do no more hurt we conceive great hope and comfort that the Almighty God will from henceforth prosper our endeavors both at home and aboad But now my Lords to come to the chief Errand of this our meeting which is to make known to you the Approbation of our House of that Petition to his Majesty wherein you are pleased to request our concurrence The House hath taken it into serious consideration and from the beginning to the end approve of every word and much commend your happy pen onely we are required to present unto you a few Additions whereby we conceive the Petition may be made more agreeable to the Statutes which are desired to be put in execution and to a former * Petition granted by his Majesty Recorded in both Houses confirmed under the Broad-Seal of England and published in all our Courts of ordinary Justice But these things we propound not as our Resolutions or as matters to raise debate or dispute but commend them onely as our advice and desire being ready notwithstanding to joyn with your Lordships in the Petition as now it is if your Lordships shall not finde this Reason to be of weight This
ad idem dash not the Common-wealth twice against one Rock We have Grievances we must be eased of them who shall ease us No Nation hath a people more loving to the King then we but let the King think it and believe it there is a distance betwixt him and us before we can have his heart we must remove it Our disease is not so great but that it may be cured it is the Kings Evil which must be cured with Gold let us imitate Iacob who wrestled with the Angel and would not let him go I would we could wrestle with the King in duty and love and not to let him go in this Parliament till he comply with us We must take heed of too much repetition and over-beating of Grievances it is dangerous and it may make a further separation He that talks too much of his Grievance makes the party that is the cause of it make an apology and to justifie it and that is dangerous let us do as Poets in a Tragedy that sometimes have Comical Passages and so a generous mind will sink presently Sure a due presentation of such Grievances to such a King with moderation will take place with him In all deliberations go the safest way The old way I have heard is first to remove Grievances we must not ty and bind our selves by all that was done before I have gone over the Thames in former times on foot when it was all an Ice but that is no argument to perswade me by to do the like now because I did so once THe House waving the Debate of the Propositions proceeded with Grievances by Confinement and Designation for forain imployment in which points several Gentlemen delivered their opinion COnfinement is different from Imprisonment and it is against the Law that any should be confined either to his House or elswhere I know not what you can call a Punishment but there is some ground of it or mention thereof in Acts of Parliament Law-books or Records but for this of Confinement I finde none indeed Jews have been confined in former times to certain places as here in London to the old Iury The Civilians have perpetual Prisons and coercive Prisons upon Judgements in Court Carcer domesticus is a confinement for madmen I Was imployed in 88. in that service it was then thought fit that Recusants should be confined in strong places but it was not held legal and when the Navy was dispiersed they were set at liberty and the Parliament petitioned the Queen for a Law to warrant the Confinement Hereupon it was resolved That no freeman ought to be confined by any command of the King or Privy Councel or any other unless it be by Act of Parliament or by other due course or warrant of Law And then the House proceeded to the Debate concerning Designation to forain Imployment TOuching Designation to forain Imployment Sir Peter Hayman opened his own Case I have forgot my imployment unto the Palatinate I was called before the Lords of the Councel for what I know not I heard it was for not lending on a Privy Seal I told them if they will take my Estate let them I will give it up give I will not When I was before the Lords of the Councel they laid to my Charge my unwillingness to serve the King I said I had my Life and my Estate to serve my Countrey and my Religion They put upon me if I did not pay I should be put upon an imployment of Service I was willing after ten weeks waiting they told me I was to go with a Lord into the Palatinate and that I should have imployment there and means befitting I told them I was a Subject and desired means some put on very eagerly some dealt nobly they said I must go on my own purse I told them Nemo militat suis expensis some told me I must go I began to think What must I none were ever sent out in that kinde Lawyers told me I could not be so sent having that assurance I demanded means and was resolved not to stir upon those tearms and in silence and duty I denied upon this they having given me a Command to go after some twelve days they told me they would not send me as a Soldier but to attend on an Ambassador I knew that stone would hit me I setled my troubled estate and addressed my self to that Service THis is a great Point that much concerns the Commonwealth if the the King cannot command a Subject to his necessary service and on the other side it will be little less then an honorable banishment to the Subject if he may Our Books say the King cannot compel any to go out of the Realm and an action brought against him he cannot plead in Bar that he is by command from the King in forein service but the King may give him his protection 5 E. 3. N. 9. in the Parliament Roll there was an Ordinance whereby the King had power to send some to Ireland it is ordained that such Sages of the Law and Soldiers where need shall be though they refuse to go and excuse themselves if their excuses be not reasonable the King may do to them according to right and reason If the King by Law could do this of himself and send them to Ireland his own Dominion he would never have taken power from his Parliament and if men do not according to that Law there is no imprisonment prescribed NO restraint be it never so little but is Imprisonment and forain imployment is a kind of honorable Banishment I my self was designed to go to Ireland I was willing to go and hoped if I had gone to have found some Mompessons there There is a difference when the Party is the Kings servant and when not 46 E. 3. this was the time when the Law was in its height Sir Richard Pembridge was a Baron and the Kings Servant and Warden of the Cinque-ports he was commanded to go to Ireland and to serve as Deputy there which he refused He was not committed but the King was highly offended and having Offices and Fees and Lands pro servitio suo impenso the King seized his Lands and Offices I went to the Parliament Roll 47. E. 3. where I found another precedent for forain imployment they that have Offices pro consilio or servitio impenso if they refuse those Lands and Offices so given are seized but no commitment IF any man owes a man displeasure and shall procure him to be put into forain imployment it will be a matter of high concernment to the Subject We know the Honor and Justice of the King but we know not what his ministers or the mediation of Ambassadors may do to work their own wrath upon any man IF you grant this Liberty what are you the better by other priviledges what difference is there between imprisonment at home and constrained imployment
abroad it is no less then a temporal Bamishment neither is it for his Majesties service to constrain his Subjects to imployment abroad Honor and Reward invites them rather to seek it but to be compelled stands not with our Liberty These Debates as to Confinement produced this resolution That no Freeman ought to be confined by any command from the King or Privy Councel or any other unless it be by Act of Parliament or by other due course or warrant of Law As for the matter of supply the Debate was put off till Friday following Thursday 3. of April Mr. Secretary Cook brought the House this Message from the King HIs Majesty having understood that some rumors were spread abroad of a sharp Message yesterday delivered by me and of some malicious words that the Duke should speak yesterday at the Councel-board he commanded me to tell you of the malice of those falss reports for that nothing fell from the Duke or that Board but what was for the good of this Assembly He would have you observe the malice of those spirits that thus put in these Jealousies Had the Duke so spoken he should have contradicted himself for all of us of the Councel can tell he was the first mover and perswader of this Assembly of Parliament to the King Esteem of the King according to his actions and not these tales His Majesty takes notice of our purpose that on Friday we will resolve upon Supply which his Majesty graciously accepts of and that our free gift without any condition should testifie to the world that we will be as far from incroaching upon his Prerogative as he will be to incroach upon our Liberties and this shall well appear when we present our Grievances to him and then we shall know that he hath no intention to violate our Liberties onely let us not present them with any asperity of words he counts it his greatest Glory to be a King of Freemen not of Villains He thought to have delivered this Message himself but that he feared it would take us too much time Then he added a word of his own Yesterday after dinner we attended his Majesty and he asked us what we had done We said we had entred into the consideration of Supply and that the final resolution was deferred till Friday and that this was done for just reasons to joyn the business of his Majesties and our Countries together and this would further his Majesty and it would give content to the Countrey and that this union here might be spread abroad in the World His Majesty answered For Gods sake why should any hinder them in their Liberties if they did it not I should think they dealt not faithfully with me You may see a true Character of his Majesties disposition let us proceed with courage and rest assured his Majesty will give great ear unto us and let us all joyn to make a perfect union to win the Kings heart we shall find a gracious answer from the King and a hearty cooperation from those that you think to be averse to us UPon the delivery of this Message some stood up and professed they never heard of any such sharp Message or words the day before or that any was so bold as to interpose himself They acknowledged his Majesty had put a threefold Obligation on them First in giving them satisfaction Secondly in giving them assurance which is a great Law that he will protect and relieve them Thirdly in giving them advice as may befit the Gravity of that Assembly and his own Honor So they concluded to carry themselves as their Progenitors before had done who never were marked for stepping too far on the Kings Prerogative and they returned their humble thanks to his Majesty THe day following Mr. Secretary Cook delivered another Message from the King viz. His Majesty hath again commanded me to put you in mind how the eyes and interest of the Christian world are cast upon the good or evil success of this Assembly He also graciously taketh notice of that which is in agitation amongst us touching the freedom of our Persons and propriety of our Goods and that this particular care which he no way misliketh may not retard our resolution for the general good he willeth us chearfully to proceed in both and to express our readiness to supply his great occasions upon assurance that we shall enjoy our Rights and Liberties with as much freedom and security in his time as in any age heretofore under the best of our Kings and whether you shall think fit to secure our selves herein by way of Bill or otherwise so as it be provided for with due respect of his Honor and the publique good whereof he doubteth not but that you will be careful he promiseth and assureth you that he will give way unto it and the more confidence you shall shew in his grace and goodness the more you shall prevail to obtain your own desires Vpon this occasion Mr. Pym spake THat in business of weight dispatch is better then discourse We came not hither without all motives that can be towards his Majesty had he never sent in this message We know the danger of our Enemies we must give Expedition to Expedition let us forbear particulars A man in a journey is hindred by asking too many questions I do believe our peril is as great as may be every man complains of it that doth incourage the Enemy our way is to take that that took away our estates that is the Enemy to give speedily is that that the King calls for A word spoken in season is like an Apple of Silver and actions are more precious then words let us hasten our Resolutions to supply his Majesty And after some debate they came to this unanimous Resolve That five Subsidies be given his Majesty and Mr. Secretary Cook was appointed to acquaint his Majesty with the Resolution of the House Monday the 7. of April Mr. Secretary Cook reported to the House the Kings acceptance of the Subsidies and how his Majesty was pleased to ask by how many voyces they were gained I said but by one His Majesty asked how many were against him I said none for they were voted by one voyce and one general consent His Majesty was much affected therewith and called the Lords in Councel and there I gave them account what had passed besides it gave his Majesty no small content that although five Subsidies be inferior to his wants yet it is the greatest gift that ever was given in Parliament and now he sees with this he shall have the affections of his People which will be greater to him then all value He said he liked Parliaments at the first but since he knew not how he was grown to a distaste of them but was now where has was before he loves them and shall rejoyce to meet with his People often Vpon the giving of the five Subsidies the
lege regerentur And though the Book of Litchfield speaking of the times of the Danes says then Ius sopitum erat in regno leges consuetudines sopitae sunt and prava voluntas vis violentia magis regnabant quam Judicia vel Justitia yet by the blessing of God a good King Edward commonly called St. Edward did awaken those Laws and as the old words are Excitatas reparavit reparatas decoravit decoratas confirmavit which Confirmavit shews that good King Edward did not give those Laws which William the Conqueror and all his Successors since that time have sworn unto And here my Lords by many Cases frequent in our modern Laws strongly concurring with those of the ancient Saxon Kings I might if time were not more precious demonstrate that our Laws and Customs were the same I will onely intreat your Lordships leave to tell you That as we have now even in those Saxon times they had their Court Barons and Court Leets and Sheriffs Courts by which as Tacitus says of the Germanes their Ancestors Iura reddebant per pagos vicos and I do believe as we have now they had their Parliaments where new Laws were made cum consensu Praelatorum Magnatum totius Communitatis or as another writes cum consilio Praelatorum Nobilium sapientium Lâ—icorum I will add nothing out of Glanvile that wrote in the time of Hen. 2. or Bracton that writ in the days of Hen. 3. onely give me leave to cite that of Fortescue the learned Chancellor to Hen. 6. who writing of this Kingdom says Regnum istud moribus nationum regum temporibus eisdem quibus nunc regitur legibus consuetudinibus regebatur But my good Lords as the Poet said of Fame I may say of our Common Law Ingrediturque solo caput inter nubila condit Wherefore the cloudy part being mine I will make haste to open way for your Lordships to hear more certain Arguments and such as go on more sure grounds Be pleased then to know that it is an undoubted and fundamental Point of this so ancient Common Law of England That the Subject hath a true property in his goods and possessions which doth preserve as sacred that meum tuum that is the nurse of Industry and mother of Courage and without which there can be no Justice of which meum tuum is the proper object But the undoubted Birthright of true Subjects hath lately not a little been invaded and prejudiced by pressures the more grievous because they have been pursued by imprisonment contrary to the Franchises of this Land and when according to the Laws and Statutes of this Realm redress hath been sought for in a legal way by demanding Habeas Corpus from the Judges and a discharge by trial according to the Law of the Land success hath failed that now inforceth the Commons in this present Parliament assembled to examine by Acts of Parliament Precedents and Reasons the truth of the English Subjects liberty which I shall leave to learned Gentlemen to argue NExt after Sir Dudly Diggs spake Mr. Ed Littleton of the Inner-Temple That their Lordships have heard that the Commons have taken into consideration the matter of personal Liberty and after long debate thereof they have upon a full search and clear understanding of all things pertinent to the question unanimously declared That no Freeman ought to be committed or restrained in Prison by the command of the King or Privy Councel or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with other of their Members to represent unto your Lordships the true grounds of their resolution and have charged me particularly leaving the reasons of Law and Precedents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and Commons by several Acts of Parliament the Authority whereof is so great that it can receive no Answer save by Interpretation or Repeal by future Statutes And these I shall minde your Lordships of are so direct in the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the grand Charter of the Liberties of England first granted in the 17th year of King Iohn and renewed in the 9 tâ— year of Hen. 3. and since confirmed in Parliament above 30. times the words there are Chap. 29. Nullus liber homo capiatur vel imprisonetur aut disseisietur de libero tenemento suo vel liberis consuetudinibus suis aut utlagetur aut exuletur aut aliquo modo destruatar nec super eum ibimus nec eum mittemus nisi per legale judicium Parium suorum vel per legem terrae He then proceeded to open and argued learnedly upon the several Particulars in the last recited Clause of Magna Charta and further shewed That no invasion was made upon this personal Liberty till the time of King Ed. 3. which was soon resented by the Subject for in the 5. Ed. 3. Chap. 9. it is enacted That no man from henceforth shall be attached on any occasion nor fore-judged of Life or Limb nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the Form of the great Charter and the Law of the Land and 25 Edw. 3. Chap. 4. it is more full and doth expound the words of the grand Charter which is thus Whereas it is contained in the grand Charter of the Franchises of England that none shall be Imprisoned nor put out of his Freehold nor free Custom unless it be by the Law of the Land it is awarded assented and established That from henceforth none shall be taken by Petition or suggestion made to our Lord the King or to his Councel unless it be by Indictment or Presentment of his good and lawful People of the the same neighborhood which such Deed shall be done in due maner or by process made by Wâ—it original at the common Law nor that none be outed of his Franchises nor Office Freehold unless it be duly brought in Answer and fore-judged of the same by the course of the Law and that if any thing be done against the same it shall be redressed and holden for none and 28 Ed. 3. Chap. 3. it is more direct this Liberty being followed with fresh suit by the Subject where the words are not many but very full and significant That no man of what state and condition he be shall be put out of his Lands nor Tenements nor taken nor imprisoned nor disinherited nor put to death without it be brought in Answer by due process of the Law Several other Statutes were cited by him in confirmation of this point of the Liberty of the Subject The Kings Councel afterward made Objections to the said Argument
and ought not to be denied and is directeâ— to the Keeper of the Prison in whose custody the Prisoner remains commanding him that after a certain day he bring in the body of the Prisoner cum causa detentionis and sometimes cum causa captionis and he with his return filed to the Writ bringeth the Prisoner to the Bar at the time appointed and the Court judgeth of the sufficiency or insufficiency of the retuâ—n and if they finde him baylable committitur Marescallo the proper Prison belongeth to the Court and then afterward traditur in ball But if upon the return of the Habeas Corpus it appear to the Court that the Prisoner ought not to be bayled nor discharged from the Prison whence he is brought then he is remanded and sent back again to continue till by due course of Law he may be delivered and the entâ—y of this is remittitur quousque secundum legem deliberatus fuerit or remittitur quousque c. which is all one and the highest award of Judgement that ever was or can be given upon a Habeas Corpus Your Lordships have heard the resolution of the House of Commons touching the enlargement of a man committed by the command of the King or the privy Councel or any other without cause shewed of such commitment which resolution as it is grounded upon Acts of Parliament already shewen the reason of the Law of the Land being committed to the charge of another to open unto unto you so it is strengthened by many Precedents of Records He then produced twelve Precedents full and directly in the point to prove that persons so committed ought to be delivered upon bayl which were distinctly opened and read to their Lordships then he also offered to their consideration other kind of Precedents which were solemn resolutions of Judges things not of Record but yet remain in Authentick Copies which Precedents and Authorities we omit for the length thereof He then proceeded and said The House of Commons desiring with all care to inform themselves fully of the truth of the resolution of the Judges in the 34. year of the Queen cited in the case of Sir Iohn Heveningham by the Kings Councel as Arguments against his not being bayled have got into their hands a Book of select Cases collected by the reverend and learned Judge Chief Justice Anderson all written with his own hand which he caused to be read being the same which hath been already mentioned in the Collections of this Parliament which Precedents saith he do fully resolve enough for the maintenance of the ancient and fundamental point of Liberty of the Person to be regained by Hab. Corp. when any is imprisoned Then he concluded that having thus gone through the charge committed to him by the House of Commons he should now as he had leave and direction given him lest their Lordships should be put to much trouble and expence of time in finding and getting Copies at large of those things which he had cited offer also to their Lordships Authentick Copies of them all and so left them and whatever else he had said to their Lordships further consideration LAst of all Sir Edward Cook took up the Argument as to the rational part of the Law and began with this Introduction Your Lordships have heard 7. Acts of Parliament in point and 31. Precedents summarily collected and with great understanding delivered which I have perused and understand them all throughly 12. of the Precedents are in terminis terminantibus a whole Jury of Precedents and all in the point I am much transported with joy because of the hope of good success in this weighty business your Lordships being so full of Justice and the very Theme and Subject doth promise success which was Corpus cum cansa the freedom of an English man not to be imprisoned without cause shewn which is my part to shew and the reason and the cause why it should be so wherein I will not be prolix nor copious for to guild Gold were idle and superfluous And after he had cleared some doubts made of the Statute of Westminster which saith That the Sheriffs and others in some cases may not replevin men in Prison he proceeded further and said That all those Arguments offered unto your Lordships in this last conference are of a double nature 1. Acts of Parliament 2. Judicial Precedents For the first I hold it a proper Argument for your Lordships because you my Lords temporal and you my Lords spiritual gave your assent unto those Acts of Parliament and therefore if these cannot perswade you nothing can For the second which are Judicial Precedents it is Argumentum ab authoritate and Argumentum ab authoritate valet affimative that is I conceive though it be no good Argument to say negatively the Judges have given no opinion in the point 3. It is good Law which I fortifie with a strong Axiome Neminem oportet sapientiorem esse legibus Now these two arguments being so well pressed to your Lordships by my Colleagues I think your Lordships may wonder what my part may be it is short but sweet it is the Reason of all those Laws and Precedents and Reason must needs be welcome to all men for all men are not capable of the understanding of the Law but every man is capable of Reason and those Reasons I offer to your Lordships in affirmance of the antient Laws and Precedents made for the Liberty of the Subject against Imprisonment without cause expressed 1. A re ipsa 2. A minore ad majus 3. From the remedies provided 4. From the extent and universality of the same 5. From the infiniteness of the time 6. A Fine The first general Reason is a re ipsa even from the nature of Imprisonment ex visceribus causae for I will speak nothing but ad idem be it close or other Imprisonment and this Argument is three-fold because an imprisoned man upon will and pleasure is 1. A Bond-man 2. Worse then a Bond-man 3. Not so much as a man for mortuus homo non est homo a Prisoner is a dead man 1. No man can be imprisoned upon will and pleasure of any but he that is a Bond-man and villain for that Imprisonment and Bondage are Propria quarto modo to villains now Propria quarto modo and the species are convertible Whosoever is a Bond-man may be imprisoned upon will and pleasure and whosoever may be imprisoned upon will and pleasure is a Bondman 2. If free men of England might be imprisoned at the will and pleasure of the King or his commandment then were they in worse case then Bondmen or villains for the Lord of a villain cannot command another to imprison his villain without cause as of disobedience or refusing to serve as it is agreed in the year books And here he said that no man should reprehend any thing that he said out of Books or Records he said he would prove
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
full of truth and confidence in your Royal Word and Promise as ever House of Commons reposed in any of their best Kings True it is they cannot but remember the publique Trust for which they are accomptable to present and future times and their desires are That your Majesties goodness might in Fruit and Memory be the Blessing and Joy of Posterity They say also That of late there hath been publique violation of the Laws and the Subjects Liberties by some of your Majesties Ministers and thence conceive that no less then a publique remedy will raise the dejected hearts of your loving Subjects to a chearful supply of your Majesty or make them receive content in the proceedings of this House From those considerations they most humbly beg your Majesties leave to lay hold of that gratious offer of yours which gave them assurance That if they thought fit to secure themselves in their Rights and Liberties by way of Bill or otherwise so it might be provided with due respect to Gods Honor and the publique Good you would be graciously pleased to give way unto it Far from their intentions it is any way to incroach upon your Soveraignty or Prerogative nor have they the least thought of stretching or enlarging the former Laws in any sort by any new Interpretations or Additions the Bounds of their desires extend no further then to some necessary Explanation of that which is truly comprehended within the just sense and meaning of those Laws with some moderate provision for execution and performance as in times past upon like occasion hath been used The way how to accomplish these their humble desires is now in serious consideration with them wherein they humbly assure your Majesty they will neither lose time nor seek any thing of your Majesty but that they hope may be fit for Dutiful and Loyal Subjects to ask and for a gracious and just King to grant His Majesties Answer was delivered by the Lord Keeper Mr. Speaker and you Gentlemen of the House of Commons His Majesty hath commanded me to tell you that he expected an Answer by your Actions and not delay by Discourse ye acknowledge his Trust and Confidence in your proceedings but his Majesty sees not how you requite him by your confidence of his Word and Actions For what need Explanations if ye doubted not the performance of the true meaning for Explanations will hazard an incroachment upon his Prerogative And it may well be said What need a new Law to confirm an old if you repose confidence in the Declaration his Majesty made by me to both Houses and your selves acknowledge that your greatest trust and confidence must be in his Majesties Grace and Goodness without which nothing ye can frame will be of safety or avail to you Yet to shew cleerly the sincerity of his Majesties intentions he is content that a Bill be drawn for a confirmation of Magna Charta and the other six Statutes insisted upon for the Subjects Liberties if ye shall choose that as the best way but so as it may be without Additions Paraphrases or Explanations Thus if you please you may be secured from your needless fears and this Parliament may have a happy wished for end whereas by the contrary if ye seek to tie your King by new and indeed impossible bonds you must be accomptable to God and the Countrey for the ill success of this meeting His Majesty hath given his Royal Word that ye shall have no cause to complain hereafter less then which hath been enough to reconcile Great Princes and therefore ought much more to prevail between a King and his Subjects Lastly I am commanded to tell you that his Majesties pleasure is That without further Replies or Messages or other unnecessary delays ye do what ye mean to do speedily remembring the last Message that Secretary Cook brought you in point of time His Majesty always intending to perform his Promise to his power NOtwithstanding the intimation of his Majesties good pleasure for a Bill Mr. Secretary Cook Tuesday May 6. again pressed the House to relye upon the Kings Word saying That he had rather follow others then begin to enter into this business loss of time hath been the greatest complaint the matter fallen now into consideration is what way to take whether to relye on his Majesties Word or on a Bill If we will consider the advantage we have in taking his Majesties Word it will be of the largest extent and we shall choose that that hath most Assurance An Act of Parliament is by the consent of the King and Parliament but this Assurance by Word is that he will govern us by the Laws the King promiseth that and also that they shall be so executed that we shall enjoy as much freedom as ever this contains many Laws and a grant of all good Laws nay it contains a confirmation of those very Laws Assurance which binds the King further then the Law can First it binds his affection which is the greatest bond between King and Subject and that binds his Judgement also nay his Honor and that not at home but abroad the Royal Word of a King is the Ground of all Treaty nay it binds his Conscience this Confirmation between both Houses is in nature of a Vow for my part I think it is the greatest advantage to relie on his Majesties Word He further added this Debate was fitter to be done before the House and not before the Committee and that it was a new Course to go to a Committee of the whole House Whereunto it was replied by Sir Iohn Elliot That the proceeding in a Committee is more Honorable and advantagious to the King and the House for that way leads most to Truth and it is a more open way and where every man may adde his reason and make answer upon the hearing of other mens Reasons and Arguments This being the general Sense the House was turned into a Committee to take into consideration what was delivered to the King by the Speaker and what was delivered to them by the Lord Keeper and all other Messages and the Committee was not to be bounded with any former order the Key was brought up and none were to go out without leave first asked In the Debate of this business at the Committee some were for letting the Bill rest but Sir Edward Cooks reasons prevailed to the contrary Was it ever known said he that general words were a sufficient satisfaction to particular grievances was ever a verbal Declaration of the King verbum Regni when grievances be the Parliament is to redress them Did ever Parliament relie on Messages they put up Petitions of their Grievances and the King ever answered them the Kings Answer is very gracious but what is the Law of the Realm that is the question I put no diffidence in his Majesty the King must speak by a Record and in Particulars and not in General Did you ever
were made which was about one hundred years before 2 H. 5. besides the differences between these Savings and this Clause I doubt not but I shall give ample satisfaction to your Lordships that the Commons as well in this as in all their other Reasons have been most careful to rely upon nothing but that which is most true and pertinent Before the second year of King H. 5. the course was thus When the Commons were Suiters for a Law either the Speaker of their House by word of mouth from them the Lords House joyning with them or by some Bill in writing which was usually called their Petition moved the King to Ordain Laws for the redress of such mischiefs or inconveniences as were found grievous unto the people To these Petitions the King made answer as he pleased sometimes to part sometimes to the whole sometimes by denial sometimes by assent sometimes absolutely and sometimes by qualification Upon these Motions and Petitions and the Kings Answers to them was the Law drawn up and Ingrossed in the Statute Roll to binde the Kingdom but this inconvenience was found in this course that oftentimes the Statutes thus framed were against the sense and meaning of the Commons at whose desires they were Ordained and therefore in the 2 H. 5. finding that it tended to the violation of their Liberty and Freedom whose right it was and ever had been that no Law should be made without their assent they then exhibited a Petition to the King declaring their right in this particular praying that from thenceforth no Law might be made or Ingrossed as Statutes by additions or diminutions to their Motions or Petitions that should change their sense or intent without their assent which was accordingly established by Act of Parliament ever since then the use hath been as the Right was before that the King taketh the whole or leaveth the whole of all Bills or Petitions exhibited for the obtaining of Laws From this course and from the time when first it became constant and setled we conclude strongly that it is no good Argument because ye finde Savings in Acts of Parliament before the second of H. 5. that before those Savings were in the Petitions that begat those Statutes for if the Petitions for the two Loans so much insisted upon which Petitions for any think we know are not now extant were never so absolute yet might the King according to the usage of those times insert the Savings in his Answers which passing from thence into the Statute Roll do onely give some little colour but are not proof at all that the Petitions also were with Savings Thus much for the general to come now to the particular Statute of 25 of Edw. 1. which was a confirmation of Magna Charta with some provision for the better execution of it as common Law which words are worth the noting It is true that Statute hath also a Clause to this effect That the King or his Heirs from thenceforth should take no Aids Taxes or Prises of his Subjects but by common assent of all the Realm Saving the ancient Aids and Prises due and accustomed This Saving if it were granted which is not nor cannot be proved that it was as well in the Petition as in the Act yet can it no way imply that it is either fit or safe that the Clause now in question should be added to our Petition for the nature and office of a Saving or Exception is to exempt particulars out of a general and to ratifie the Rule in things not exempted but in no sort to weaken or destroy the general Rule it self The body of that Law was against all Aids and Taxes and Prises in general and was a confirmation of the common Law formerly declared by Magna Charta the Saving was onely of Aids and Prises in particular so well described and restrained by the words Ancient and Accustomed that there could be no doubt what could be the clear meaning and extent of that exception for the Kings Right to those ancient Aids intended by that Stature to be saved to him was well known in those days and is not yet forgotten These Aids were three from the Kings Tenants by Knights service due by the common Law or general Custom of the Realm Aid to ransom the Kings Royal Person if unhappily he should be taken prisoner in the Wars Aid to make the Kings Eldest Son a Knight and Aid to marry the Kings Eldest Daughter once but no more and that those were the onely Aids intended to be saved to the Crown by that Statute appeareth in some clearness by the Charter of King Iohn dated at Runningmede the 15 of Iune in the 5th year of his Reign wherein they are enumerated with an exclusion of all other Aids whatsoever Of this Charter I have here one of the Originals whereon I beseech your Lordships to cast your eyes and give me leave to read the very words which concern this point These words my Lords are thus Nullum scutigium vel auxilium ponatur in Regno nostro nisi per commune Consilium Regni nostri nisi ad Corpus nostrum redimendum primogenitum filium nostrum militem faciendum ad filiam nostram primogenitam semel maritandam ad hoc non siat nisi rationabile auxilium Touching Prises the other thing excepted by this Statute it is also of a particular Right to the Crown so well known that it needeth no description the King being in possession of it by every days usage It is to take one Tun of Wine before the Mast and another behinde the Mast of every Ship bringing in above twenty Tuns of Wine and here discharge them by way of Merchandise But our Petition consisteth altogether of particulars to which if any general Saving or words amounting to one should be annexed it cannot work to confirm things not excepted which are none but to confound things included which are all the parts of the Petition and it must needs beget this dangerous Exposition that the Rights and Liberties of the Subject declared and demanded by this Petition are not theirs absolutely but sub modo not to continue always but onely to take place when the King is pleased not to exercise that Soveraign Power wherewith this Clause admitted he is trusted for the protection safety and happiness of his People And thus that Birthright and Inheritance which we have in our Liberties shall by our own assents be turned into a meer Tenancy at will and sufferance Touching the Statute of 28 Edw. 1. Articuli super Chartas the scope of that Statute among other things being to provide for the better observing and maintaining of Magna Charta hath in it nevertheless two Savings for the King the one particular as I take it to preserve the ancient Prices due and accustomed as of Wines and of other goods the other general Seigniory of the Crown in all things To these two Savings besides the former Answers which
may be for the most part applied to this Statute as well as to the former I adde these further Answers The first of these two Savings is of the same prisage of Wines which is excepted in the 25 Edw. 1. but in some more clearness for that here the word Wines is expresly annexed to the word Prices which I take for so much to be in Exposition of the former Law And albeit these words and of other goods be added yet do I take it to be but a particular Saving or exception which being qualified with the words Ancient due and accustomed is not very dangerous nor can be understood of Prices or Levies upon Goods of all sorts at the Kings will and pleasure but onely of the old and certain Customs upon Wool Woolfels and Leather which were due to the Crown long before the making of this Statute For the latter of the two Savings in this Act which is of the more unusual nature and subject to the more exception it is indeed general and if we may believe the concurrent Relations of the Histories of those times as well as those that are now Printed as those which remain onely in Manuscripts it gave distaste from the beginning and wrought no good effect but produced such distempers and troubles in the State as we wish may be buried in perpetual oblivion and that the like Saving in these and future times may never breed the like disturbance For from hence arose a Jealousie That Magna Charta which declared the ancient Right of the Subject and was an absolute Law in it self being now confirmed by a latter Act with this Addition of a general Saving for the Kings Right in all things by the Saving was weakned and that made doubtful which was clear before But not to depart from our main ground which is that Savings in old Acts of Parliament before 2 H. 5. are no proof that there were the like Savings in the Petitions for those Acts let me observe unto your Lordships and so leave this point That albeit this Petition whereon this Act of 28 Edw. 1. was grounded be perished yet hath it pleased God that the very Frame and Context of the Act it self as it is drawn up and entred upon the Statute Roll and Printed in our Books doth manifestly impart that this Saving came in by the Kings Answer and was not in the Original Petition of the Lords and Commons for it cometh in at the end of the Act after the words le Roy vent which commonly are the words of the Royal assent to an Act of Parliament And though they be mixed and followed with other words as though the Kings Councel and the rest who were present at the making of this Ordinance did intend the same Saving yet is not that Conclusive so long as by the form of those times the Kings Answer working upon the materials of the Petition might be conceived by some to make the Law effectual though varying from the frame of the Petition The next Reason which the Commons have commanded me to use for which they still desire to be spared from adding this Clause to their Petition is this this offensive Law of 28 E. 1. which confirmed Magna Charta with a Saving rested not long in peace for it gave not that satisfaction to the Lords or people as was requisite they should have in a case so nearly concerning them and therefore about thirty three or thirty four of the same Kings Reign a later Act of Parliament was made whereby it was Enacted That all men should have their Laws and Liberties and free Customs as largely and wholly as they had used to have at any time when they had them best and if any Statutes had been made or any Customs brought in to the contrary that all such Statutes and Customs should be void This was the first Law which I call now to minde that restored Magna Charta to the original purity wherein it was first moulded albeit it hath been since confirmed above twenty times more by several Acts of Parliament in the Reigns of divers most just and gracious Kings who were most apprehensive of their Rights and jealous of their Honors and always without Savings so as if between 28 and 34 E. 1. Magna Charta stood blemished with many Savings of the Kings Rights or Seigniory which might be conceived to be above the Law that stain and blemish was long since taken away and cleared by those many absolute Declarations and Confirmations of that excellent Law which followed in after ages and so it standeth at this day purged and exempted now from any such Saving whatsoever I beseech your Lordships therefore to observe the circumstance of time wherein we offer this Petition to be presented to your Lordships and by us unto his Majesty Do we offer it when Magna Charta stands clogged with Saving No my Lords but at this day when later and better confirmations have vindicated and set free that Law from all exceptions and shall we now annex another and worse Saving to it by an unnecessary Clause in that Petition which we expect should have the fruits and effects of a Law Shall we our selves relinquish or adulterate that which cost our Ancestors such care and labour to purchase and refine No my Lords but as we should hold our selves unhappy if we should not amend the wretched estate of the poor Subject so let us hold it a wickedness to impair it Whereas it was further urged by your Lordships That to insert this Clause into our Petition would be no more then to do that again at your Lordships motion and request which we had formerly done by the mouth of our Speaker and that there is no cause why we should recede from that which so solemnly we have professed To this I answer and confess it was then in our hearts and so it is now and shall be ever not to incroach on his Majesties Soveraign Power But I beseech your Lordships to observe the different occasion and reference of that Protestation and of this Clause That was a generalâ—â—nswer to a general Message which we received from his Majesty warning us not to incroach upon his Prerogative to which like dutiful and loving Subjects we answered at full according to the integrity of our own hearts nor was there any danger in making such an Answer to such a Message nor could we answer more truly or more properly But did that Answer extend to acknowledge a Soveraign Power in the King above the Laws and Statutes mentioned in our Petition or controll the Liberties of the Subject therein declared and demanded No my Lords it hath no reference to any such particulars and the same words which in some cases may be fit to be used and were unmannerly to be omitted cannot in other cases be spoken but with impertinency at the least if not with danger I have formerly opened my Reasons proving the danger of this Clause and am
the Antient and Fundamental Law issuing from the first frame and constitution of the Kingdom The third that this Liberty of the Subject is not onely most convenient and profitable for the People but most honourable most necessary for the King yea in that point of supply for which it was endeavored to be broken The form of Government is that which doth actuate and dispose every part and member of a State to the common good and as those parts give strength and ornament to the whole so they receive from it again strength and protection in their several stations and degrees If this mutual relation and intercourse be broken the whole frame will quickly be dissolved and fall in pieces and in stead of this concord and interchange of support whilest one part seeks to uphold the old form of Government and the other part to introduce a new they will miserably consume and devour one another Histories are full of the calamities of whole States and Nations in such cases It is true that time must needs bring some alterations and every alteration is a step and degree towards a dissolution those things onely are eternal which are constant and uniform Therefore it is observed by the best Writers upon this Subject that those Commonwealths have been most durable and perpetual which have often reformed and recomposed themselves according to their first Institution and Ordinance for by this means they repair the breaches and counterwork the ordinary and natural effect of time The second question is as manifest there are plain footsteps of those Laws in â—he Government of the Saxons they were of that vigor and force as to overlive the Conquest nay to give bounds and limits to the Conqueror whose victory gave him first hope but the assurance and possession of the Crown he obtained by composition in which he bound himself to observe these and the other antient Laws and Liberties of the Kingdom which afterwards he likewise confirmed by oath at his Coronation from him the said Obligation descended to his Successors It is true they have been often broken they have been often confirmed by Charters of Kings by Acts of Parliaments but the Petitions of the Subjects upon which those Charters and Acts were founded were ever Petitions of Right demanding their antient and due Liberties not suing for any new To clear the third Position he said may seem to some men more a Paradox That those Liberties of the Subject should be so honorable so profitable for the King and most necessary for the supply of his Majesty It hath been upon another occasion declared that if those Liberties were taken away there should remain no more industry no more justice no more courage who will contend who will endanger himself for that which is not his own But he said he would not insist upon any of those points nor yet upon other very important he said that if those Liberties were taken away there would remain no means for the Subjects by any act of Bounty or Benevolence to ingratiate themselves to their Soveragn And he desired their Lordships to remember what profitable Prerogatives the Laws had appointed for the support of Soveraignty as Wardships Treasures trove Felons-goods Fines Amercements and other Issues of Courts Wrecks Escheats and many more too long to be enumerated which for the most part are now by Charters and Grants of several Princes dispersed into the hands of private Persons and that besides the antient Demeasnes of the Crown of England William the Conqueror did annex for the better maintenance of his Estate great proportions of those Lands which were confiscate from those English which persisted to withstand him and of these very few remain at this day in the Kings possession And that since that time the revenue of the Crown had been supplied and augmented by Attainders and other Casualties in the age of our Fathers by the dissolution of Monasteries and Chantries neer a third part of the whole Land being come into the Kings possession He remembred further that constant and profitable Grant of the Subjects in the Act of Tonnage and Poundage And all these he said were so alienated anticipated overcharged with annuities and assignments that no means were left for the pressing and important occasions of this time but the voluntary and free gift of the Subjects in Parliament The hearts of the People and their bounty in Parliament is the onely constant Treasure and Revenue of the Crown which cannot be exhausted alienated anticipated or otherwise charged and incumbred In his entrance into the second part he propounded these Steps by which he meant to proceed 1. To shew the state of the Cause as it stood both in the Charge and in the Proof that so their Lordships might the better compare them both together 2. To take away the pretences of mitigations and limitations of his Opinions which the Doctor had provided for his own defence 3. To observe those circumstances of Aggravation which might properly be annexed to his Charge 4. To propound some Precedents of former times wherein though he could not match the offence now in question for he thought the like before had never been committed yet he should produce such as should sufficiently declare how forward our Ancestors would have been in the prosecution and condemning of such offences if they had been then committed The Offence was prescribed in a double maner First by the general scope and intention and by the matter and particulars of the Fact whereby that intention was expressed In the description of the intention he observed six Points every one of which was a Character of extreme malice and wickedness 1. His attempt to misguide and seduce the Conscience of the King 2. To incense his Royal Displeasure against his Subjects 3. To scandalize impeach and subvert the good Laws and Government of the Kingdom and Authority of Parliaments 4. To avert his Majesties minde from calling of Parliaments 5. To alienate his royal Heart from his People 6. To cause Jealousies Sedition and Division in the Kingdom Of these particulars he said he would forbear to speak further till he should come to those parts of the Fact to which they were most properly to be applied The Materials of the Charge were contrived into three distinct Articles the first of these comprehended two Clauses 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the right and liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common consent in Parliament 2. That his Majesties Will and Command in imposing any Charges upon his Subjects without such consent doth so far bind them in their Consciences that they cannot refuse the same without peril of eternal damnation Two kinds of Proof were produced upon this Article The first was from some assertions of the Doctors concerning the power of Kings in general but by necessary consequence
Subjects by being secure from all undue Charges be the more incouraged chearfully to proceed in their course of Trade by the increase whereof your Majesties Profit and likewise the strength of the Kingdom would be very much augmented But not being now able to accomplish this their desire there is no course left unto them without manifest breach of their duty both to your Majesty and their Countrey save onely to make this humble Declaration That the receiving of Tunnage and Poundage and other Impositions not granted by Parliament is a breach of the Fundamental Liberties of this Kingdom and contrary to your Majesties Royal answer to the said Petition of Right And therefore they do most humbly beseech your Majesty to forbear any further recieving of the same and not to take it in ill part from those of your Majesties loving Subjects who shall refuse to make payment of any such Charges without Warrant of Law demanded And as by this forbearance your most excellent Majesty shall manifest unto the world your Royal Iustice in the observation of your Laws So they doubt not but hereafter at the time appointed for their coming again they shall have occasion to express their great desire to advance your Majesties Honor and Profit MR. Noy after the reading hereof moved the House that his Majesty might be requested that the Merchants might ship their goods without a Cocket otherwise they do forfeit their goods Iune 26. The Speaker being sent for to the King at Whitehall came not into the House till about nine a clock And after Prayers the Remonstrance concerning Tunnage and Poundage being ingrossed was a reading in the House and while it was a reading the King sent for the Speaker and the whole House and the King made a Speech as followeth IT may seem strange that I came so suddenly to end this Session before I give my assent to the Bills I will tell you the cause though I must avow that I owe the account of my actions to God alone It is known to every one that a while ago the House of Commons gave me a Remonstrance how acceptable every man may judge and for the merit of it I will not call that in question for I am sure no wise man can justifie it Now since I am truly informed that a second Remonstrance is preparing for me to take away the profit of my Tunnage and Poundage one of the chiefest maintenances of my Crown by alleadging I have given away my right thereto by my Answer to your Petition This is so prejudicial unto me that I am forced to end this Session some few hours before I meant being not willing to receive any more Remonstrances to which I must give a harsh Answer And since I see that even the House of Commons begins already to make false constructions of what I granted in your Petition least it be worse interpreted in the Countrey I will now make a Declaration concerning the true intent thereof The profession of both Houses in the time of hammering this Petition was no ways to trench upon my Prerogative saying they had neither intention or power to hurt it Therefore it must needs be conceived that I have granted no new but only confirmed the Antient Liberties of my Subjects Yet to shew the clearness of my intentions that I neither repent nor mean to recede from any thing I have promised you I do here declare my self that those things which have been done whereby many have had some cause to expect the Liberties of the Subjects to be trenched upon which indeed was the first and true ground of the Petition shall not hereafter be drawn into example for your prejudice and from time to time in the word of a King ye shal not have the like cause to complain But as for Tonnage and Poundage it is a thing I cannot want and was never intended by you to ask nor meant by me I am sure to grant To conclude I command you all that are here to take notice of what I have spoken at this time to be the true intent and meaning of what I granted you in your Petition But especially you my Lords the Judges for you only under me belongs the interpretation of Laws for none of the Houses of Parliament either joint or separate what new Doctrine soever may be raised have any Power either to make or declare a Law without my consent After this Speech ended the Bill of Subsidie was delivered to the Speaker standing at the Bar in the Lords House who made a short Speech and shewed that it was the greatest gift that ever was given in so short a time And so craving pardon for the errors of the House and his own which he knew to be very many he desired the King to give his Royal Assent The King came so suddenly and unexpectedly to the House that the Lords were not in their Robes and the Commons had given no direction or Order for the Speaker to deliver the Bill of Subsidies Neither was it brought down to the Commons House as it was used but the Bills were read and the Bill for the Sabbath for Recusants children for Alehouse-keepers for continuance of Statutes for the Clergies Subsidie for the Lay of Subsidie all passed But for the Bill for explanation of the Statutes 3. Iac. about Leases of Recusants Lands The King said that in this short time he had not time sufficient to consider thereof but he said he found many Errors therein though the Title be faire and if at the next meeting they would amend those Errors it should pass Many private Bills passed also and after they were all read their Titles and the Kings Answer to them which to the publique Bills was Le Roy le veult to the private Soit fait come il est desire The Lord Keeper said it is his Majesties pleasure that this Session now end and that the Parliament be prorogued till the twentieth of October next At this Parliament which begun at Westminster the 17. of March Anno Regni R. Caroli 3. These Acts were passed FIrst An Act for further reformation of sundry Abuses committed on the Lords day called Sunday 2. The Petition exhibited to his Majesty by the Lords Spiritual and Temporal and Commons in this present Parliament Assembled concerning divers Rights and Priviledges of the Subject with the Kings assent thereunto in full Parliament 3. An Act for repressing of all unlicenced Alehouses 4. An Act to restrain the sending over of any to be popishly bred beyond the Seas 5. An Act for establishing of Suttons Hospital c. 6. An Act for the Establishing of the Tenants Estates of Bromfield and Yale in the County of Denbigh c. 7. An Act for the continuance and repeal of divers Statutes c. 9. An Act for five entire Subsidies granted by the Clergy 10. An Act concerning the Title c. of Earl of Arundel and for the annexing of the Castle of Arundel
not all but it is extended to some others who I fear in guilt of Conscience of their own desert do joyn their power with that Bishop and the rest to draw his Majesty into a jealousie of the Parliament amongst them I shall not fear to name the great Lord Treasurer in whose person I fear is contracted all that which we suffer If we look into Religion or Policy I find him building upon the ground laid by the Duke of Buckingham his great Master from him I fear came those ill Counsels which contracted that unhappy conclusion of the last session of Parliament I find that not only in the affections of his heart but also in relation to him and I doubt not to fix it indubitably upon him and so from the power and greatness of him comes the danger of our Religion For Policy in that great Question of Tunnage and Poundage the interest which is pretended to be the Kings is but the interest of that person to undermine the Policy of this Government and thereby to weaken the Kingdom while he invites strangers to come in to drive out Trade or at least our Merchants to trade in strangers bottoms which is as dangerous Therefore it is fit to be declared by us that all that we suffer is the effect of new counsels to the ruine of the Government of the State and to make a protestation against all those men whether greater or subordinate that they shall all be declared as Capital Enemies to the King and Kingdom that will perswade the King to take Tunnage and Poundage without grant of Parliament and that if any Merchants shall willingly pay those Duties without consent of Parliament they shall be declared as Accessaries to the rest Which Words of the said Sir Iohn Elliot were by him uttered as aforesaid falsly and malitiously and seditiously out of the wickedness of his own affections towards your Majesty and your gratious and religious Government and by the Confederacie Agreement and Privity of the â—aid other Confederates and to lay a slander and scandal thereupon and not with a purpose or in way to rectifie any thing which he conceiâ—ed to be amiss but to traduce and blast those persons against whom he â—ad conceived malice for so himself the same day in that house said and laid down as a ground for that he intended to say That no man was ever blasted in that house but a curse fell upon him And further so it is may it please your most excellent Majesty That when the said Sir Iohn Elliot had thus vented that malice and wickedness which lay in his heart and as appeareth by his own words were expressed in the said paper which was prepared as aforesaid the said Walter Longe out of his inveterate malice to your Majesty and to your Affairs and by the confederacy aforesaid then and there said That man who shall give away my Liberty and Inheritance I speak of the Merchants I note them for Capital Enemies to the Kingdome And lest the hearers should forget these wicked desperate Positions laid down as aforesaid and to the end the same might have the deeper impression and be the more divulged abroad to the prejudice of your Majesty and of your great Affairs and to the scandal of your Government the said Denzil Holles collected into several heads what the said Sir Iohn Elliot had before delivered out of that paper and then said Whosoever shall counsel the taking up of Tunnage and Poundage without an Act of Parliament let him be accompted a capital Enemy to the King and Kingdom And further What Merchant soever shall pay Tunnage and Poundage without an Act of Parliament let him be counted a Betrayer of the Liberty of the Subjects and a Capital Enemy of the King and Kingdom Which Positions thus laid the said Denzil Holles neither being Speaker nor sitting in the Chair as in a Committee by direction of the House but in an irregular way and contrary to all course of orderly proceedings in Parliament offered to put these things so delivered by him as aforesaid to the Question and drew from his confederates aforesaid an applause and assent as if these things had been voted by the house And further so it is may it please your most excellent Majesty That the disobedience of the said Confederates was then grown to that height that when Edward Grimston the Serjeant at Arms then attending the Speaker of that house was sent for by your Majestie personally to attend your Highness and the same was made known in the said house the said Confederates notwithstanding at that time forcibly and unlawfully kept the said Edward Grimston locked up in the said house and would not suffer him to go out of the house to attend your Majesty and when also on the same day Iames Maxwel Esquire the Gentleman-Usher of the Black Rod was sent from your Majesty to the said Commons house with a message immediately from your Majesties own person they the said Confederates utterly refused to open the door of the house and to admit the said Iames Maxwel to go to deliver his message After all which the said house was then adjourned until the said tenth day of March then following and on the said tenth day of March the said Parliament was dissolved and ended In consideration of all which premises And for as much as the contempt and disobedience of the said Sir John Ellyot and other the confederates aforesaid were so great and so many and unwarranted by the priviledge and due proceeding of Parliament and were committed with so high a hand and are of so ill example and so dangerous consequence and remain all unpardoned Therefore they pray'd a process against them to answer their contempts in the high Court of Star-Chamber Memorandum That the 29. of May Anno quinto Car. Reg. these words viz. After all which the said House was then adjourned until the said tenth day of March and on the said tenth day of March the said Parliament was dissolved and ended were added and inserted by order of the Court immediately before In tender consideration c. At the same time Sir Robert Heath the Kings Atturny General preferr'd an Information in the Star-Chamber against Richard Chambers of the City of London Merchant wherein first he did set forth the gracious Government of the King and the great Priviledges which the Merchants have in their Trading by paying moderate duties for the goods and merchandises exported and imported and setting forth that the raising and publishing of undutiful and false speeches which may tend to the dishonour of the King or the State or to the discouragement or discontentment of the subject or to set discord or variance between his Majesty and his good People are offences of dangerous consequence and by the Law prohibited and condemned under several penalties and punishments That nevertheless the said Richard Chambers the 28. day of September last being amongst some other merchants
for a word and lay a snare for him that reproveth in the gate and turn aside the just for a thing of nought Blame not before thou have examined the truth understand first and then rebuke answer not before thou hast heard the cause neither interrupt men in the midst of their talk Doth our Law judge any man before it hear him and know what he doth King Agrippa said unto Paul Thou art permitted to speak for thy self Thou shalt not wrest the judgment of the poor in his cause thou shalt not respect persons neither take a gift for a gift doth blind the eyes of the wise and pervert the eyes of the righteous Woe to them that devise iniquity because it is in the power of their hand and they covet fields and take them by violence and houses and take them away so they oppress a man and his house even a man and his heritage Thus saith the Lord God Let it suffice you O Princes of Israel remove violence and spoyl and execute judgment and justice take away your exactions from my people saith the Lord God If thou seest the oppression of the Poor and violent perverting of judgment and justice in a Province marvel not at the matter for he that is higher then the highest regardeth and there be higher then they Per me Richard Chambers Afterwards in the Term of Trinity the 5 yeer of King Charls it is found in the great Roll of this year that there is demanded there of Richard Chambers of London Merchant 2000 l. for a certain fine imposed on him hither sent by vertue of a writ of our said Lord the King under the foot of the great Seal of England directed to the Treasurer and Barons of this Exchequer for making execution thereof to the use of the said Lord the King as is there contained and now that is to say in the Utas of the Blessed Trinity this Term comes the said Richard Chambers in his own proper person and demands Oyer of the demand aforesaid and it is read unto him and he demands Oyer also of the Writ aforesaid under the foot of the Great Seal of England hither sent and it is read unto him in these words CHarls by the Grace of God of England Scotland France and Ireland Defender of the Faith c. To his Treasurer and Barons of his Exchequer health The extret of certain fines taxed and adjudged by Us and our said Council in our said Council in Our Court of Star-Chamber in the Term of St Michael the Term of St. Hillary and the Term of Easter last past upon Thomas Barns of the Parish of St. Clements Danes in the County of Middlesex Carpenter and others severally and dividedly as they be there severally assessed We send unto you included in these presents commanding that looking into them you do that which by Law you ought to do against them for the levying of those fines Witness our Self at Westminster the 21 of May in the yeer of Our Reign the 5 Mutas And the tenor of the Schedule to the said Writ annexed as to the said Richard Chambers followeth in these words IN the Term of Easter the fifth year of King Charles of Richard Chambers of London Merchant 2000 l. which being read heard and by him understood he complains that he is grievously vexed and inquieted by colour of the Premises and that not justly for that protesting that the said great Roll and the matter therein contained is not in Law sufficient to which he hath no need nor is bound by Law to answer yet for Plea the said Richard Chambers saith That he of the demand aforesaid in the great Roll aforesaid mentioned and every parcel thereof ought to be discharged against the said Lord the King for that he said That he from the time of the Taxation oâ— the aforesaid Fine and long before was a Freeman and a Merchant of this Kingdom that is to say In the Parish of the blessed Mary of the Arches in the Ward of Cheap London And that by a certain Act in the Parliament of the Lord Henry late King of England the Third held in the ninth year of his reign it was provided by Authority of the said Parliament That a Freeman shall not be amerced for a little offence but according to the manner of the said offence and for a great offence according to the greatness of the offence saving to him his Contenement or Freehold and a Merchant in the same manner saving unto him his Merchandize and a Villain of any other then the King after the same manner to be amerced saving his Wainage and none of the said Amercements to be imposed but by the Oaths of good and lawful men of the Neighbourhood And by a certain other Act in the Parliament of the Lord Edward late King of England the first held in the Third year of his reign it was and is provided That no City Burrough or Town nor any man should be amerced without reasonable cause and according to his Trespass that is to say A Freeman saving to him his Contenement A Merchant saving to him his Merchandize and A Villan saving to him his Wainage and this by their Peers And by the same Act in the Parliament of the said Lord Henry late King of England the Third held in the ninth year of his reign aforesaid it was and is provided by Authority of the said Parliament That no Freemen should be taken or imprisoned or disseized of his Freehold or Liberties or free Customs or outlaw'd or banish'd or any way destroyed And that the Lord the King should not go upon him nor deal with him but by a lawful judgement of his Peers or by the Law of the Land And by a certain Act in the Parliament of the Lord Edward late King of England the Third held in the fifth year of his reign it was and is provided by the Authority of the said Parliament That no man henceforward should be attached by reason of any Accusation nor pre-judged of Life or Member nor that his Lands Tenements Goods or Chattels should be seized into the hands of the Lord the King against the form of the great Charter and the Law of the Land And by a certain Act in the Parliament of the Lord Henry late King of England the seventh held in the third year of his reign reciting that by unlawful Maintenances given of liveries signes and tokens and retainders by Indentures Promises Oaths Writings and other Imbraceries of the Subjects of the said Lord the King false Demeanors of Sheriffs in making of Pannels and other false returns by taking of money by Jurors by great ryots and unlawful assemblies the policie and good Government of this Kingdom was almost subdued and by not punishing of the said inconveniences and by occasion of the Premises little or nothing was found by Inquisition by reason thereof the Laws of
the Land had little effect in their execution to the increase of Murders Robberies Perjuries and Insecurities of all men living to the loss of their Lands and Goods to the great displeasure of Almighty GOD It was ordained for Reformation of the Premises by Authority of the said Parliament That the Chancellour and Treasurer of England for the time being and the Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop one Lord temporal of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common pleas for the time being or two other Justices in their absence by Bill or Information exhibited to the Chancellour for the King or any other against any person for any other ill behaviours aforesaid have Authority of calling before them by Writ or Privie-Seal such Malefactors and of examining them and others by their discretion and of punishing such as they finde defective therein according to their demerits according to the form and effect of the Statutes thereof made in the same manner and form as they might and ought to be punished if they were thereof convinced according to the due course of Law And by a certain other Act in the Parliament of the Lord Henry late King of England the eighth held in the one and twentieth year of his reign reciting the offences in the aforesaid Statute of the said late King Henry the seventh beforementioned by Authority of the said Parliament it was and is ordained and enacted That henceforward the Chancellour Treasurer of England and the President of the most honourable Privy-Council of the King attending his most honourable person for the time being and the Lord Keeper of the Privy-Seal of the Lord the King or two of them calling to them one Bishop and one temporal Lord of the most honourable Council of the Lord the King and two chief Justices of the Kings Bench and Common Pleas for the time being or two Justices in their absence by any Bill or Information then after to be exhibited to the Chancellour of England the Treasurer the President of the said most honourable Council of the Lord the King or the Keeper of the Privy-Seal of the Lord the King for the time being for any misdemeanour in the aforesaid Statute of King Henry the seventh aforesaid before recited from henceforth have full power and authority of calling before them by Writ or by Privy-Seal such Malefactors of examining of them and others by their discretion and of punishing those that are found defective according to their demerits According to the form and effect of the said Statute of the aforesaid Lord King Henry the seventh and of all other Statutes thereupon made not revoked and expired in the same manner and form as they might and ought be punished if they were convicted according to the due order of the Laws of the said Lord the king And by the aforesaid Writ under the foot of the great Seal it manifesty appears that the said Fine was imposed by the Lord the king and his Council and not by the Legal Peers of the said Richard Chambers nor by the Law of the Land nor according to the manner of the pretended offence of the said Richard Chambers nor saving unto him his Merchandize nor for any offence mentioned in the said Statutes all and singular the which the said Richard Chambers is ready to verifie to the Court c. and demands judgment and that he be discharge of the said 2000 l. against the said Lord the now King and that as to the premises he may be dismissed from this Court Waterhouse With this Plea he annexed a Petition to the Lord Chief Baron and also to every one of the Barons humbly desiting the filing of the Plea with other Reasons in the manner of a motion at the Bar because he said Counsel would not move plead nor set hand to it as further appeareth The Copy of the Order upon Mr. Atturneys motion in the Exchequer the 17 Iuly 1629. after the Plea put in and order to file it Per the Lord Chief Baron TOuching the Plea put into this Court by Richard Chambers to discharge himself of a â—ine of 2000 l. set on him in the Star-Chamber Forasmuch as Sir Robert Heath Kniâ—â—â— his Majesties Atturney General informed this Court that the said Chambers in his said Plea recites divers Statutes and Magna Charta and what offences are punishable in the Star-Chamber and how the proceedings ought to be and upon the whole matter concludes That the said fine was imposed by the King and his Council and not by a Legal judgment of his Peers nor by the Laws of the Land nor according to the manner of his offence nor saving his Merchandize nor for any offence mentioned in the said Statutes Which Plea Mr. Atturny conceiving to be very frivolous and insufficient and derogatory to the honour and jurisdiction of the Court of Star-Chamber Humbly prayeth might not be allowed of nor filed It is therefore this day ordered That the said Plea shall be read on Saturday next and then upon hearing the Kings Counsel and the Counsel of the said Richard Chambers this Court will-declare their further order therein and in the mean time the said Plea is not to be filed nor delivered out In Michaelmas Term following Mr. Chambers was brought by a Habeas Corpus out of the Fleet and the Warden did return THat he was committed to the Fleet by vertue of a Decree in the Star-Chamber by reason of certain words he used at the Council Table viz. That the Merchants of England were skrewed up here in England more then in Turky And for these and other words of defamation of the Government he was censured to be committed to the Fleet and to be there imprisoned until he made his submission at the Council Table and to pay a fine of 2000. l. And now at the Bar he prayed to be delivered because this Sentence is not warranted by any Law or Statute For the Statute of 3 Henrici 7. which is the foundation of the Court of Star-Chamber doth not give them any authority to punish for words only But all the Court informed him That the Court of Star-Chamber was not erected by the Statute of 3 H. 7. but was a Court many years before and one of the most high and honourable Courts of Justice and to deliver one who was committed by the Decree of one of the Courts of Justice was not the usage of this Court and therefore he was remanded As a concurrant proof of these Proceedings concerning Mr. Chambers we shall insert here a Petition of his though out of time to the Long Parliament and afterwards renewed to the succeeding Parliament viz. To the Parliament of the Commonwealth of England Scotland and Ireland The brief Remonstrance and humble Petition of Richard Chambers Merchant late Alderman and Sheriff of the City of
unto the said Information the benefit whereof was by order of the Court reserved unto the Defendant to be debated and considered of at the hearing of this cause and of divers other matters now urged for the Defendant both to have justified his the said Defendants attendance in Parliament and his not residence in person in the County whereof he was then Sheriff and amongst other things that it properly belonged to the house of Parliament to judge of the justness or unjustness of the said Election and upon grave and mature consideration thereof had and taken by the Court their Lordships did not onely conceive the said Demurrer and Plea and other the Arguments and Reasons used by the Defendant and his Council to be of no weight or strength but also to be in opposition and derogation of the Jurisdiction of the Court the reasons moved and urged for the Defendants excuse or justification being clearly answered and the charges of the Information made good by Mr. Atturney General and others of his Majesties Counsel learned And therefore the whole Court were clear of opinion and did so declare That the said Defendant who at that time as high Sheriff had the custody and charge of the County of Wilts committed unto him by his Majesty and had taken his Oath according to the Law to abide in his proper person within his Bayliffwick during all the time of his Sheriffwick as aforesaid and whose trust and imployment did require his personal attendance in the said Countie had not onely committed a great offence in violating the said Oath so by him taken but also a great misdemeanor in breach of the trust committed unto him by his Majesty and in contempt of his Majesties pleasure signified unto him by and under his Highness great Seal when he granted unto him the said Office of Sheriffwick aforesaid For which said several great Offences in breach of his said Oath neglect of the trust and duty of his Office and the great and high contempt of his Majesty their Lordships did hold the said Defendant worthy the sentence of the Court the rather to the end that by this example the Sheriffs of all other Counties may be deterred from committing the like offences hereafter and may take notice that their personal residence and attendance is required within their Bayliffwicks during the time of their Sheriffwick The Court therefore thought fit ordered adjudged and decreed That the said Defendant should stand and be committed to the prison of the Tower there to remain during his Majesties pleasure and also pay a Fine of two thousand Marks to his Majesties use and further make his humble submission and acknowledgement of his offence both in the Court of Star-Chamber and to his Majesty before his thence enlargment The same Term Mr. Mason argued in the kings Bench for Sir Iohn Elliot against the Information preferred against him amongst others by Sir Robert Heath the kings Atturney General and the same day the Atturney General argued in maintenance of the said Information the Judges also the same day spake briefly to the Case and agreed with one Voyce That the Court as this Case is shall have Jurisdiction although that these offences were committed in Parliament and that the imprisoned Members ought to answer Iones began and said That though this Question be now newly moved yet it is an ancient Question with him for it had been in his thoughts these eighteen yeers For this Information there are three Questions in it 1. Whether the matters informed be true or false and this ought to be determined by Iury or Demurrer 2. When the matters of the Information are found or confessed to be true if the Information be good in substance 3. Admit that the offences are truly charged if this Court hath power to punish them and that is the sole Question of this day And it seems to me that of these offences although committed in Parliament this Court shall have jurisdiction to punish them The Plea of the Defendents here to the jurisdiction being concluded with a Demurrer is not peremptory unto them although it be adjudged against them but if the Plea be pleaded to the jurisdiction which is found against the Defendant by verdict this is peremptory In the discussion of this point I decline these Questions 1. If the matter be voted in Parliament when it is finished it can be punished and examined in another Court 2. If the matter be commenced in Parliament and that ended if afterward it may be Questioned in another Court I question not these Matters but I hold That an Offence committed criminally in Parliament may be questioned elsewhere as in this Court and that for these Reasons First Quia interest Reipublicae ut malesicia non maneant impunita and there ought to be a fresh punishment of them Parliaments are called at the Kings pleasure and the King is not compellible to call his Parliament and if before the next Parliament the party offending or the witnesses die then there will be a â—ayler of Justice Secondly The Parliament is no constant Court every Parliament mostly consists of several men and by consequence they cannot take notice of matters done in the foregoing Parliament and there they do not examine by oath unless it be in Chancery as it is used of late time Thirdly The Parliament cannot send Process to make the offenders to appear at the next Parliament and being at large if they hear a noise of a Parliament they will fugam facere and so prevent their punishment Fourthly Put the case that one of the Defendants be made a Baron of Parliament now he cannot be punished in the House of Commons and so he shall be unpunished It hath been objected That the Parliament is the Superior Court to this therefore this Court cannot examine their proceedings To this I say That this Court of the Kings Bench is a higher Court then the Justices of Oyer and Terminer or the Justices of Assize But if an offence be done where the Kings Bench is after it is removed this offence may be examined by the Justices of Oyer and Terminer or by the Justices of Assize We cannot Question the Judgments of Parliaments but their particular offences 2. Obj. It is a Priviledge of Parliament whereof we are not competent Iudges To this I say That Privilegium est privata lex privat legem And this ought to be by grant prescription in Parliament and then it ought to be pleaded for the manner as is 33 Hen. 8 Dy. as it is not here pleaded Also we are Judges of all Acts of Parliament as 4 Hen. 7. Ordinance made by the King and Commons is not good and we are Judges what shall be said a Session of Parliament as it is in Plowden in Patridges Case We are Judges of their lives and lands therefore of their Liberties And 8 Eliz. which was cited by Mr. Atturney it was the opinion of Dyer Oatlyn Welsh Brown
of the opinion of Mr. Atturney General that the word proditore would have made this Treason And for the other matters he agreed with the Judges Therefore by the Court the Defendants were ruled to plead further and Mr. Lenthal of Lincolns-Inn was assigned of Counsel for them Inasmuch as the Defendants would not put in other Plea the last day of the Term judgment was given against them upon a nihil dicit which judgment was pronounced by Iones to this effect The matter of the Information now by the confession of the Defendants is admitted to be true and we think their Plea to the jurisdiction insufficient for the matter and manner of it And we hereby will not draw the true Liberties of Parliament-men into Question to wit for such matters which they do or speak in Parliamentary manner But in this case there was a conspiracy between the Defendants to slander the State and to raise sedition and discord between the King his Peers and People and this was not a Parliamentary course All the Iudges of England except one have Resolved the Statute of 4 Hen. 8. to be a private Act and to extend to Strood only But every Member of the Parliament shall have such Priviledges as are there mentioned but they have no Priviledge to speak at their pleasure The Parliament is an high Court therefore it ought not to be disorderly but ought to give good example to other Courts If a Judg of our Court shall rayl upon the State or Clergy he is punishable for it A Member of the Parliament may charge any great Officer of the State with any particular offence but this was a malevolous accusation in the generality of all the Officers of State therefore the matter contained within the Information is a great offence and punishable in this Court 2. For the punishment although the offence be great yet that shall be with a light hand and shall be in this manner 1. That every of the Defendants shall be imprisoned during the Kings pleasure Sir John Elliot to be imprisoned in the Tower of London and the other Defendants in other Prisons 2. That none of them shall be delivered out of Prison until he give security in this Court for his good behaviour and have made submission and acknowledgment of his offence 3. Sir John Elliot inasmuch as we think him the greatest offender and the ringleader shall pay a fine to the King of 2000 l. and Mr. Holles a fine of 1000 marks and Mr. Valentine because he is of less ability then the rest shall pay a fine of 500 l. And to all this all the other Justices with one voice accorded FINIS APPENDIX His Majesties Declaration to all his Loving Subjects of the Causes which moved him to dissolve the last Parliament March 10. 1628. HOwsoever Princes are not bound to give accompt of their Actions but to God alone yet for the satisfaction of the minds and affections of Our Loving Subjects We have thought good to set down thus much by way of Declaration that We may appeare to the world in the truth and sincerity of Our Actions and not in those Colours in which We know some turbulent and ill-affected spirits to masque and disguise their wicked intentions dangerous to the State would represent Us to the publick view We assembled our Parliament the 17th day of March in the third yeer of Our Reigne for the safety of Religion for securing Our Kingdoms and Subjects at home and Our friends and Allies abroad And therefore at the first sitting down of it We declared the miserable afflicted estate of those of the reformed Religion in Germany France and other parts of Christendome the distressed extremities of Our dearest Uncle the King of Denmark chased out of a great part of his Dominions the strength of that Party which was united against Us That besides the Pope and the house of Austria and their antient confederates the French King professed the rooting out of the Protestant Religion That of the Princes and States on Our party some were over-run others diverted and some disabled to give assistance For which and other important motives We propounded a speedy supply of Treasure answerable to the necessity of the Cause These things in the beginning were well resented by the House of Commons and with much alacrity and readinesse they agreed to grant a liberall aid But before it was brought to any perfection they were diverted by a multitude of Questions raised amongst them touching their Liberties and Priviledges and by other long disputes that the Bill did not passe in a long time and by that delay Our affairs were put into a far worse case then at the first Our Foraigne Actions then in hand being thereby disgraced and ruined for want of timely help In this as We are not willing to derogate from the merit and good intentions of those wise and moderate men of that House to whose forwardnesse We attribute it that it was Propounded and Resolved so soon so We must needs say that the delay of passing it when it was resolved occasioned by causlesse jealousies stirred up by men of another temper did much lessen both the reputation and reality of that Supply And their spirit infused into many of the Commissioners and Assessors in the Country hath returned up the Subsidies in such a scanty proportion as is infinitely short not onely of Our great occasâ—ons but of the presidents of former Subsidies and of the intentions of all well-affected men in that House In those large Disputes as We permitted many of Our high prerogatives to be debated which in the best times of Our Predecessors had never been questioned without punishment or sharp reproof so We did endeavour to have shortned those debates for winning of time which would have much advantaged Our great affairs both at home and abroad And therefore both by speeches and messages We did often declare Our gratious and clear resolution to maintain not onely the Parliament but all our People in their antient and just liberties without either violation or diminution and in the end for their full satisfaction and security did by an Answer framed in the form by themselves desired to their Parliamentary Petition confirm their antient and just Liberties and Rights which We resolve with all constancy and justice to maintain This Parliament howsoever besides the setling Our necessary supply and their own liberties they wasted much time in such proceedings blasting Our Government as We are unwilling to remember yet We suffered them to sit untill themselves desired Us to appoint a time for their Recesse not naming either Adjournment or Prorogation Whereupon by advice of Our Councill We resolved to prorogue and make a Session and to that end prefixed a day by which they might as was meet in so long a Sitting finish some profitable and good Lawes and withall gave order for a gratious Pardon to all Our Subjects which according to the use
of former Parliaments passed the Higher House and was sent down to the Commons All which being gratiously intended by Us was ill-entertained by some disaffected persons of that House who by their artifices in a short time raised so much heat and distemper in the House for no other visible cause but because We had declared Our resolution to Prorogue as Our Councill advised and not to Adjourn as some of that House after Our resolution declared and not before did manifest themselves to affect that seldome hath greater passion been seen in that House upon the greatest occasions And some glances in the House but upon open rumors abroad were spread That by the Answer to the Petition We had given away not onely Our Impositions upon Goods exported and imported but the Tunnage and Poundage whereas in the debate and hammering of that Petition there was no speech or mention in either House concerning those Impositions but concerning Taxes and other charges within the Land much lesse was there any thought thereby to debar Us of Tunnage and Poundage which both before and after the Answer to that Petition the House of Commons in all their speeches and treaties did professe they were willing to grant And at the same time many other misinterpretations were raised of that Petition and Answer by men not well distinguishing between well ordered liberty and licentiousness as if by Our Answer to that Petition We had let loose the reynes of Our Government And in this distemper the House of Commons laying aside the Pardon a thing never done in any former Parliament and other businesse fit to have been concluded that Session some of them went about to frame and contrive a Remonstrance against Our receiving of Tunnage and Poundage which was so far proceeded in the night before the prefixed time for concluding the Session and so hastned by the contrivers thereof that they meant to have put it to the Vote of the House the next morning before We should prorogue the Session And therefore finding Our gratious favours in that Session afforded to Our people so ill requited and such sinister straines made upon Our Answer to that Petition to the diminution of Our profit and which was more to the danger of Our Government We resolved to prevent the finishing of that Remonstrance and other dangerous intentions of some ill-affected persons by ending the Session the next morning some few hours sooner then was expected and by Our Own Mouth to declare to both Houses the cause thereof and for hindring the spreading of those sinister interpretations of that Petition and Answer to give some necessary directions for setling and quieting Our Government untill another Meeting which we performed accordingly the six and twentieth of Iune last The Session thus ended and the Parliament risen that intended Remonstrance gave Us occasion to look into the businesse of Tunnage and Poundage And therefore though Our necessities pleaded strongly for Us yet We were not apt to strain that point too far but resolved to guide Our Self by the practise of former Ages and examples of Our most noble Predecessors thinking those counsels best warranted which the wisdom of former Ages concurring with the present occasions did approve and therefore gave order for a diligent search of Records upon which it was found That although in the Parliament holden in the first yeer of the reigne of King Edward the fourth the Subsidy of Tunnage and Poundage was not granted unto that King but was first granted unto him by Parliament in the third yeer of his Reigne yet the same was accounted and answered to that King from the first day of his Reigne all the first and second yeers of his Reigne and untill it was granted by Parliament And that in the succeeding times of King Richard the Third King Henry the Seventh King Henry the Eighth King Edward the Sixth Queen Mary and Queen Elizabeth the Subsidy of Tunnage and Poundage was not onely enjoyed by every of those Kings and Queens from the death of each of them deceasing untill it was granted by Parliament unto the Successor but in all those times being for the most part peacable and not burdened with like charges and necessities as these modern times the Parliament did most readily and cheerfully in the beginning of every of those Reignes grant the same as a thing most necessary for the guarding of the Seas safety and defence of the Realm and supportation of the Royall Dignity And in the time of our Royall Father of blessed memory he enjoyed the same a full yeer wanting very few daies before his Parliament began and above a yeer before the Act of Parliament for the grant of it was passed And yet when the Parliament was assembled it was granted without difficulty And in Our Own time We quietly received the same three years and more expecting with patience in severall Parliaments the like grant thereof as had been made to so many of Our Predecessors the House of Commons still professing That multitude of other businesses and not want of willingnesse on their part had caused the setling thereof to be so long deferred And therefore finding so much reason and necessity for the receiving of the ordinary Duties in the Custom-house to concur with the practice of such a succession of Kings and Queens famous for Wisdom Justice and Government and nothing to the contrary but that intended Remonstrance hatched out of the passionate brains of a few particular persons We thought it was so far from the wisdom and duty of a House of Parliament as We could not think that any moderate and discreet man upon composed thoughts setting aside passion and distemper could be against receiving of Tunnage and Poundage especially since We do and still must pursue those ends and undergo that charge for which it vvas first granted to the Crovvn It having been so long and constantly continued to Our Predecessors as that in four severall Acts of Parliament for the granting thereof to King Edward the Sixth Queen Mary Queen Elizabeth and Our blessed Father It is in expresse tearms mentioned to have been had and enjoyed by the severall Kings named in those Acts time out of minde by authority of Parliament And therefore upon these reasons We held it agreeable to Our Kingly Honour and necessary for the safety and good of Our Kingdom to continue the Receipt thereof as so many of Our Predecessors had done Wherefore when a few Merchants being at first but one or two fomented as it is well known by those evill spirits that would have hatched that undutifull Remonstrance began to oppose the payment of Our accustomed Duties in the Custom-house We gave order to the Officers of Our Customs to go on notwithstanding that opposition in the receiving of the usuall Duties and caused those that refused to be warned to attend at the Councill-board that by the wisdom and authority of Our Councill they might be reduced to obedience and duty where
the liberties and priviledges of Parliament shall onely be discussed there and not in other Courts nor by the Common nor Civill-Law see this case more at large in Selden's Notes upon Fortescue f. 42. 11 R. 2. Roll of the Processe and Iudgment An appeal of treason was exhibited against the Arch-bishop of Canterbury and others and there the advice of the Sages of the one Law and the other being required but because the appeal concerned persons which are Peers of the Realm which are not tryed else-where then in Parliament and not in an inferiour Court 28 H. 6. numb 18. There being a question in Parliament concerning Precedency between the Earl of Arundell and the Earl of Devon the opinion of the Iudges being demanded they answered That this question ought to be determined by the Parliament and by no other 31 H. 6. numb 25 26. During the prorogation of the Parliament Thorp that was the Speaker was out in Execution at the Suit of the Duke of York and upon the re-assembly of the Parliament the Commons made Suit to the King and Lords to have their Speaker delivered Upon this the Lords demand the opinion of the Iudges who answer That they ought not to determine the priviledges of the High Court of Parliament 4 ly This accusation in Parliament is in legall course of justice and therefore the accuser shall never be impeached 13 H. 7. and 11 Eliz. Dy. 285. Forging of false deeds brought against a Peer of the Realm Action de scandalis Magnatum doth not lie C. 4.14 Cutler and Dixy's case where divers cases are likewise put to this purpose 35 H. 6.15 If upon the view of the body the slayer cannot be found the Coronâ—r ought to enquire Who first found the dead body and if the first finder accuse another of the murder that is afterward acquit he shall not have an action upon the case for it was done in legall manner So it is the duty of the Commons to enquire of the grievances of the Subjects and the causes thereof and doing it in a legall manner 1â— H. 6.19 8 H. 4.6 in conspiracy it is a good plea that he was one of the Indictors And 20 H. 6.5 that he was a grand-Iury-man and informed his companions And 21 E. 4.6 7. and 35 H. 6.14 that he was a Iustice of Peace and informed the Iury 27 ass p. 12. is to the same purpose And if a Iustice of Peace the first finder a Iuror or Indictor shall not be punished in such cases à fortiori a Member of the House of Commons shall not who as 1 H. 7.4 is a Iudge 27 ass p. 44. may be objected where two were indicted of conspiracy because they maintained one another but the reason of the said case was because Maintenance is matter forbidden by the Law but Parliamentary accusation which is our matter is not forbidden by any Law C. 9.56 there was conspiracy in procuring others to be indicted And it is true for there it was not his duty to prefer such accusation 2 The accusation was extra-judicial and out of Court but it was not so in our case 3 Words spoken in Parliament which is a superiour Court cannot he questioned in this Court which is inferior 3 E. 3.19 and Stamford 153. will be objected where the Bishop of Winchester was arraigned in this Court because he departed the Parliament without license there is but the opinion of Scroop and the case was entred P. 3. E. 3.19 And it is to be observed that the plea of the Bishop there was never over-ruled From this I gather that Scroop was not constant to his opinion which was suddain being in the same Term in which the plea was entred or if he were yet the other Iudges agreed not with him and also at last the Bishop was discharged by the Kings Writ From this I gather that the opinion of the Court was against the King as in Pl. 20. in Fogassas's case where the opinion of the Court was against the King the party was discharged by privy Seal 1 and 2 Phil. and Mar. hath been objected where an Information in this Court was preferred against Mr. Ployden and other Members of the House of Commons for departing from the House without license But in that case I observe these matters 1. That this information depended during all the life of the Queen and at last was sine die by the death of the Queen 2. In the said case no plea was made to the Iurisdiction of the Court as here it is 3. Some of them submitted themselves to the Fine because it was easie for it was but 53. 4 d. But this cannot be urged as a president because it never came injudgment and no opinion of the Court was delivered therein And it is no argument that because at that time they would not plead to the jurisdiction therefore we now cannot if we would 4 These offences were not done in the Parliament House but else-where by their absence of which the Country may take notice but not of our matters being done in Parliament And absence from Parliament is an offence against the Kings Summons to Parliament 20 R. 2. Parliament-Roll 12. Thomas Hacksey was indicted of high-treason in this Court for preferring a Petition in Parliament but 1 H. 4. num 90. he preferred a Petition to have this Iudgment voided and so it was although that the King had pardoned him before And 1 H. 4. numb 104. all the Commons made Petition to the same purpose because this tends to the destruction of their priviledges And this was likewise granted 4 H. 8. c. 8. Strood's case That all condemnations imposed upon one for preferring of any Bill speaking or reasoning in Parliament are void And this hath alwaies been conceived to be a generall Act because the prayers time words and persons are generall and the answer to it is generall for a generall act is alwaies answered with Le Roy voit and a particular Act with Soit droit fait al partyes And 33 H. 6.17.18 A generall Act is alwaies inrolled and so this is 2 ly For the second matter the contempt to the command of the Adjournment 18 Jac. it was questioned in Parliament Whether the King can adjourn the Parliament although it be without doubt that the King can prorogue it And the Iudges resolve that the King may adjourn the House by Commission and 27 Eliz. it was resolved accordingly But it is to be observed that none was then impeached for moving that question 2 It is to be observed that they resolve that the adjournment may be by Commission but not resolved that it may be by a verball command signified by another and it derogates not from the Kings prerogative that he cannot so do no more then in the case of 26 H. 8.8 that he cannot grant one acre of land by parol The King himself may adjourn the House in person or under the great Seal but not by verball message
by Mittimus for there never was any president thereof and the Book of the House of Commons which is with their Clerk ought not to be divulged And C. Littl. is that if a man be indicted in this Court for Piracy committed upon the Sea he may well plead to the jurisdiction of this Court because this Court cannot try it 2 ly It appears by the old Treatise de modo tenendi Parliamentum that the Iudges are but assistants in the Parliament and if any words or acts are made there they have no power to contradict or controul them Then it is incongruous that they after the Parliament dissolved shall have power to punish such words or acts which at the time of the speaking or doing they had not power to contradict There are superiour middle and more inferiour Magistrates and the superiour shall not be subject to the controle of the inferiour It is a Position that in pares est nullum imperium multò minus in eos qui majus imperium habent C. Littl. saies that the Parliament is the supream Tribunal of the Kingdom and they are Iudges of the supream Tribunal therefore they ought not to be questioned by their inferiours 3 The offences objected do concern the priviledges of Parliament which priviledges are determinable in Parliament and not else-where as appears by the presidents which have been cited before 4 The common-Law hath assigned proper Courts for matters in respect of the place and persons 1 st for the place It appears by 11 E. 4.3 old Entries 101. that in an Ejectione firme it is a good plea that the land is antient demeasne and this excludes all other Courts So it is for land in Durham old Entries 419. for it is questionable there not out of the County 2 ly For persons H. 15. H. 7. roll 93 old Entries 47. If a Clerk of the Chancery be impleaded in this Court he may plead his priviledge and shall not answer So it is of a Clerk of the Exchequer old Entries 473. then much more when offences are done in Parliament which is exempt from ordinary jurisdiction they shall not be drawn in question in this Court And if a man be Indicted in this Court he may plead Sanctuary 22 H. 7. Keilw 91. and 22. and shall be restored 21 E. 3.60 The Abbot of Bury's case is to the same purpose 5 For any thing that appears the House of Commons had approved of these matters therefore they ought not to be questioned in this Court. And if they be offences and the said House hath not punished them this will be a casting of imputation upon them 6 It appears by the Old Entries 446 447 that such an one ought to represent the Borough of St. Jermans from whence he was sent therefore he is in nature of an Ambassadour and he shall not be questioned for any thing in the Execution of his office if he do nothing against the Law of Nature or Nations as it is in the case of an Ambassadour In the time of Queen Elizabeth the Bishop of Rosse in Scotland being Ambassadour here attempted divers matters against the State and by the opinion of all the Civilians of the said time he may be questioned for those offences because they are against the Law of Nations and Nature and in such matters he shall not enjoy the priviledges of an Ambassador But if he commit a civill offence which is against the Municipall Law onely he cannot be questioned for it as Bodin de Republica agrees the case Upon the Statute of 28 H. 8. c. 15. for tryall of Pirats 13. Jac. the case fell out to be thus A Iew came Ambassador to the United Provinces and in his journey he took some Spanish ships and after was driven upon this coast And agreed upon the said Statute that he cannot be tryed as a Pyrat here by Commission but he may be questioned civiliter in the Admiralty For Legati suo Regi soli judicum faciunt So Embassadors of Parliament soli Parliamento to wit in such things which of themselves are justifiable 7 There was never any president that this Court had punished offences of this nature committed in Parliament where any plea was put in as here it is to the jurisdiction of the Court and where there is no president non-usage is a good Expositor of the Law Lord Littl. Section 180. Co. Littl. f. 81. saies As Usage is a good interpreter of the Lawes so Non-usage where there is no example is a great intendment that the Law will not bear it 6 Eliz. Dy. 229. upon the Statute of 27 H. 8. of Inrolments that bargain and sale of a House in London ought not to be enrolled the reason there given is because it is not used 23. Eliz. Dy. 376. No errour lies here of a Iudgment given in the five Ports because such Writ was never seen yet in the diversity of Courts it is said That errour lies of a Iudgment given in the five Ports 39 H. 6.39 by Ashton that a protection to go to Rome was never seen therefore he disallowed it 8 If this Court shall have Iurisdiction the Court may give judgment according to Law and yet contrary to Parliament Law for the Parliament in divers cases hath a peculiar Law Notwithstanding the Statute of 1 H. 5. c. 1. that every Burgesse ought to be resident within the Burrough of which he is Burgesse yet the constant usage of Parliament is contrary thereunto and if such matter shall be in question before ye ye ought to adiudge according to the Statute and not according to their usage So the House of Lords hath a speciall Law also as appears by 11 R. 2. the Roll of the Processe and Iudgmen which hath been cited before to another purpose where an appeal was not according to the one Law or th' other yet it was good according to the course of Parliament 9 Because this matter is brought in this Court by way of Information where it ought to be by way of Indictment And it appears by 41 ass p. 12. that if a Bill of Disceit be brought in this Court where it ought to be by Writ This matter may be pleaded to the Iurisdiction of the Court because it is vi armis and contra pacem It appears by all our Books that informations ought not to be grounded upon surmices but upon matter of Record 4 H. 7.5.6 E. 6. Dy. 74. Information in the Exchequer and 11 H. 8. Keilw 101. are this purpose And if the matter be vi armis then it ought to be found by Enquest 2 E. 3.1 2. Appeal shall not be grounded upon the Return of the Sheriff but the King ought to be certified of it by Indictment 1 H. 7.6 and Stamf. f. 95. a. Upon the Statute of 25 E. 3. c. 4. that none shall be imprisoned but upon Indictment or Presentment and 28 E. 3. c. 3. 42 E. 3. c. 3. are to the same purpose
willing Heart and has no longer continuance then whilst the impression of that fear lasts But few words are best to Princes vouchsafe Your Highness Pardon to him who thus presumes to make so mean an Oblation at so high an Altar Your good Acceptation will be the greatest Honor to it and to Your Highness humblest and most Obedient Servant JOHN RUSHWORTH THE PREFACE MY Business in this ensuing Work is to render a faithful account of several Traverses of State and of the most important Passages in debate between the respective Advocates for Prerogative and Liberty the Dispute was ominous and fatal as being the Introduction and that which gave the Alarm to a Civil War a War fierce unnatural and full of wonderful coincidences both in the Causes and Consequences of it Humanum est humanis casibus ingemiscere Therefore if I studied to please my self and gratifie the inclination of my own temper and affection you might peradventure hear from me of the Courage Exploits and Success of my Countrey-men in Forein Expeditions but not of their Animosities in Domestick Encounters Yet certainly of some use it may be to us and of concernment also to those that may come after us Infandum renovare dolorem to consider indifferently how we came to fall out among our selves and so to learn the true causes the rises and growths of our late Miseries the strange Alterations and Revolutions with the Characters of divers eminent Persons the Mutability of Councils the Remarkableness of Actions the Subtilty of Pretentions the Drifts of Interests the Secrets of State and which are the words of an Act of Parliament the deportment of a Prince wisely dissimulating with his People From such premisses the best Deduction which can be made is to look up to and acknowledge God who onely is unchangeable and to admire his Wisdom and Providence even in Humane Miscarriages For Empires and Kingdoms and Commonwealths every where in the World have their Periods but the Histories thereof remain and live for the Instruction of Men and Glory of God I finde an Expression in Sir Walter Raleighs Preface to his History of the World which seems to suit well with these Collections I shall make so far bold with that Memorable Person whose death bears a sad part in this Story as to borrow his own words It is not the least debt saith he which we ow unto History that it hath made us acquainted with our dead Ancestors and delivered us their Memory and Fame Besides we gather out of it a Policy no lesswise then Eternal by the Comparison and Application of other Mens fore-passed Miseries with our own-like Errors and ill-deservings but it is neither of Examples the most lively Instructions nor the Words of the wisest Men nor the Terror of future Torments that hath yet so wrought in our blinde and stupified Mindes as to make us remember That the infinite Eye and Wisdom of God doth so pierce through all our pretences as to make us remember That the Iustice of God doth require no other accuser then our own Consciences And though it hath pleased God to reserve the art of reading mens thoughts to himself yet as the Fruit tells the name of the Tree so do the outward Works of men so far as their Cogitations are acted give us whereof to ghess at the rest No man can long continue masqued in a counterfeit behaviour The things that are forced for pretences having no ground of truth cannot long dissemble their own natures And although Religion saith he and the truth thereof be in every mans mouth what is it other then an universal dissimulation We profess that we know God but by works we deny him Beatitudo non est divinorum cognitio sed vita divina There is nothing more to be admired nothing more to be lamented then the private contention the passionate dispute the personal hatred c. about Religion amongst Christians insomuch as it hath well near driven the practice thereof out of the world So that we are in effect saith he become Comedians in Religion For Charity Justice and Truth have but their being in Terms amongst us In the close of his Preface he adviseth the Reader to take heed how he follows Truth too close at the heels lest it strike out his teeth I hope this Story begins with a distance of time not so far off as the footsteps of Truth are worne out nor yet so near as the heels of it need to be feared But this I am sure That had I not gone so far back as I do I had not reached the Fundamentals to the History of these Times It hath been observed by some That most Historians speak too much and say too little I doubt others will think I speak too little and say too much So it will be difficult to please all I know very well the Collections which I publish will receive no advantage nor commendation from the Collector And that it may likewise receive no prejudice I am as ready to confess as any man in the world is to object my wants and inabilities which indeed to men of sober discourse may render me unfit to be entertained in the Council but not unqualified to be impanelled of the Jury For I began early to take in Characters Speeches and Passages at Conferences in Parliament and from the Kings own mouth when he spake to both the Houses and have been upon the Stage continually and an Eye and Ear-witness of the greatest Transactions imployed as an Agent in and intrusted with Affairs of weightiest concernment Privy also both to the Debates in Parliament and to the most secret Results of Councils of War in times of Action Which I mention without ostentation only to qualifie me to report to Posterity what will rather be their wonder at first then their belief It is pity they should altogether be deprived of the Advantages which they may reap from our Misfortunes Hereafter they will hear that every man almost in this Generation durst fight for what either was or pretended to be Truth They should also know that some durst write the Truth whilst other mens Fancies were more busie then their hands forging Relations building and battering Castles in the Air publishing Speeches as spoken in Parliament which were never spoken there printing Declarations which were never passed relating Battels which were never fought and Victories which were never obtained dispersing Letters which were never writ by the Authors together with many such Contrivances to abet a Party or Interest Pudet haec opprobria Such practices and the experience I had thereof and the impossibility for any man in After-ages to ground a true History by relying on the printed Pamphlets in our days which passed the Press whilst it was without control obliged me to all the pains and charge I have been at for many years together to make a Great Collection and whilst things were fresh in memory to separate Truth from Falshood things
received but a slender return of the Lord Digby's Embassie to the Emperor for the restoring of the Elector Palatine But the Emperors full meaning in the business may be found at large in his own Letter to Don Baltazar de Zuniga a prime Councellor of State in Spain to be by him represented to the King his Master to this effect THat beholding the admirable providence of God over him he is bound to use that most notable Victory to the honor of God and the extirpation of all Seditions and Factions which are nourished chiefly among the Calvinists lest that Iudgment which the Prophet threatned the King of Israel should fall upon him Because thou hast dismissed a man worthy of death thy soul shall be for his soul. The Palatine keeps now in Holland not only exiled from the Kingdom which he rashly attempted but despoiled almost of all his own Territories expecting as it were the last cast of Fortune whom if by an impious kind of commiseration and his subtile petitioning he shall be perswaded to restore and nourish in his bosom as a trodden half-living snake what can he expect less then a deadly sting from him who in regard of his guilt can never be faithful but will alway gape for occasions to free himself from his fears and the genius of whose sect will make him an Enemy or an unsound Friend to the House of Austria and all other Catholick Princes Wherefore firmly casting in his minde that the Palatine cannot be restored He hath freely offered the Electorate to the Duke of Bavaria a most eager Defender of the Catholick cause by which means the Empire will always remain in the hand of Catholicks and so by consequence in the House of Austria And in so doing he shall take away all hope from the Palatine and those that sollicite so importunately for his restitution And it is to be hoped that the Lutheran Princes especially the Duke of Saxony will not so far disallow this translation as to take up Arms seeing Charls the Fifth upon a far lighter cause deprived John Frederick Duke of Saxony of the Electorate and conferred it on Maurice this Dukes great Uncle Besides no less is the Lutherans hatred of the Calvinists then of the Catholicks Such were the effects which the Kings Treating had wrought with the Emperor The Parliament that was to meet November the Fourteenth the King by Proclamation adjourned to the Eighth of February and expressed the cause to be the unseasonableness of the time of the year But this long Recess was shortned and the King declared That upon Important Reasons he had altered his former Resolutions and did adjourn it for no longer time then from the Fourteenth to the Twentieth of this instant November Upon which day it Reassembled and the King being absent by reason of his indisposition in health commanded a Message to be delivered to both Houses by the Lord Keeper the Lord Digby and the Lord Treasurer In the first place he acquainted the Two Houses with His Majesties indisposition of health which was the occasion of his absence at the opening of the Parliament yet he could not say he was absent so long as he was represented by a Son who was as dear to the Kingdom as to His Majesty As to the occasion of calling the Parliament by way of Antecedent he took notice of several effects of His Majesties gracious care over the Nation since the last Recess of the Parliament in His Majesties answering several Petitions concerning Trade Importation of Bullion Conservation of Coyn in the Land and prohibiting the Transportation of Iron Ordinance and that His Majesty by His Proclamation reformed Thirty six or thirty seven several matters complained of as Publick Grievances all of them without the least Trucking or Merchandising with the People a thing usual in former times He further said That His Majesty did principally fix the occasion of the calling a Parliament upon the Declaration Recorded and divulged far and near by the Representative Communalty of this Kingdom to assist His Majesty to carry on the War to recover the Palatinate yet withal his Lordship gave an account how His Majesty was since the last Parliament encouraged to travel a little longer in his pious endeavors to procure a peace by way of Treaty and that the Lord Digby was sent Ambassador upon that occasion and since returned but not with such success as was to be hoped for He minded both Houses of one Heroical Act of His Majesties since the last Parliament in the advancement of Forty thousand pounds to keep together a Body of an Army in the Lower Palatinate which otherwise had been dissolved before this Parliament could be assembled And that unless the Parliament take further resolution and imitate rather Ancient then Modern principles and be expeditious in what they do the Army in the Palatinate will fall to the ground And lastly Told them that His Majesty did resolve that this Parliament should continue till seven or eight days before the Festivals and to be renewed again the eighth of Februaâ—â— to continue for the Enacting of Laws and Perioding of things of Reformation as long as the necessity of the State shall require the same After the Lord Keeper had done the Lord Digby having received a Command from His Majesty to that purpose gave a brief account of his Negotiation with the Archduke about the Treaty of Peace how the Archduke consented thereunto and writ accordingly to the Emperor and the King of Spain of his proceedings who also writ to Spinola for a Cessation of Arms the Archduke having the Command of the Spanish forces in Germany but the Duke of Bavaria would not consent thereunto and the Lord Digby informed the two Houses that by the carriage of the Duke of Bavaria and by other circumstances he did evidently discover That from the beginning that Duke affected to get unto himself the Palatinate and the Title of Elector He further declared That if Count Mansfield was not speedily supplied he could not keep his Army together Then he gave an account how bravely Sir Horatio Vere had behaved himself in the Palatinate and that by his wisdom and valor there was kept from the enemy Heidelburg Mainheim and Frankendale the last of which places had then endured a moneths siege He also spoke Honorably of Capt. Burroughs and concluded That the fittest Redress was to furnish and keep up the Army already there which must be done by supplies of Money and more Forces must be prepared against the next Spring that we may have there an Army of our own for the strengthning of the Palatinate and encouragement of the Princes of the Union Then the Lord Treasurer spake and acquainted both Houses how empty the Kings Coffers were and how he had assisted the Palatine and Princes of the Union with great sums which had exhausted his Treasure and that His Majesty was much in debt Nevertheless though the King
was done to this effect THat our Soveraign Lord King Iames of Famous Memory at the Suit of both Houses of Parliament and by the powerful operation of his Majesty that now is gave consent to break off the Two Treaties with Spain touching the Match and the Palatinate and to vindicate the many wrongs and scorns done unto his Majesty and his Royal Children Besides if the King of Spain were suffered to proceed in his Conquests under pretence of the Catholick Cause he would become the Catholick Monarch which he so much affects and aspires unto Also amidst these Necessities our late King considered That he might run a hazard with his people who being so long inured to Peace were unapt to War that the uniting with other Provinces in this undertaking was a Matter of exceeding Difficulty This drew him to new Treaties for regaining his Children right which were expulsed by the Friends and Agents of Spain and wherein his Majesty proceeded as far as the wisest Prince could go and suffered himself to be won unto that which otherwise was impossible for his Royal Nature to endure He considered also the many Difficulties abroad the Duke of Bavaria by Force and Contract had the Palatinate in his own possession most of the Electors and Princes of Germany were joyned with him The Estates of the other Princes most likely to joyn in a War of Recovery were seized and secured and all by a Conquering Army Besides the Emperor had called a Diet in which he would take away all possibility of recovering the Honor and Inheritance of the Palatinate thus it stood in Germany And in France the King there chose to sheath his Sword in the Bowels of his own Subjects rather then to declare against the Catholick Cause In the Low-Countreys the Sect of the Arminians prevailed much who inclined to the Papists rather then to their own safety notwithstanding that the Enemy had a great and powerful Army near them so that his Majesty was inforced to Protect and Countenance them with an Army of Six thousand from hence with a Caution of the like Supply from thence if required Moreover he sought Alliance with France by a Match for his Royal Majesty that now is thereby to have Interest in that King and to make him a Party The last consideration was his Majesties own Honor who had labored with the two Kings of Denmark and Sweden and the German Princes from whom he received but cold Answers they refusing to joyn unless they first saw his Majesty in the Field But of this he was very tender unless the League were broken or he first warred upon The Forces of an Army were considered and the way of proceeding whether by Invasion or Diversion The Charges thereof appeared in Parliament to be Seven hundred thousand pounds a year besides Ireland was to be fortified the Forts here repaired and a Navy prepared he thought it feasible to enter into a League with the French King and the Duke of Savoy and Venice Hereupon an Army was committed to Count Mansfield the charge whereof came to Seventy thousand pounds a Moneth for his Majesties part also he commanded the preparing of this great Fleet All which so heartned the Princes of Germany that they sent Ambassadors to the Kings of Denmark and Sweden and those two Kings offered a greater Army both of Horse and Foot to which his Majesty was to pay a proportion Count Mansfields Army though disastrous produced these happy effects First It prevented the Diet intended by the Emperor Secondly The German Princes gained new courage to defend themselves and oppose their Enemies Thirdly The King of Denmark hath raised an Army with which he is marched in person as far as Minden Moreover the Confederates of France and Italy have prosecuted a War in Milan and Peace is now made by the French King with his own Subjects so that by this means breath is given to our Affairs This Parliament is not called in meer Formality upon his Majesties first coming to the Crown but upon these Real Occasions to consult with the Lords and Commons Two Subsidies are already given and gratiously accepted but the Moneys thereof and much more are already disbursed A Fleet is now at Sea and hastning to their Rendezvous the Army is ready at Plimouth expecting their Commanders His Majesties Honor Religion and the Kingdomes safety is here engaged besides he is certainly advised of Designs to infest his Dominions in Ireland and upon our own Coasts and of the Enemies increase of Shipping in all parts These things have called the Parliament hither and the present Charge of all amounts to above Four hundred thousand pounds the further prosecution whereof the King being unable to bear hath left it to their Consultations His Majesty is verily perswaded That there is no King that loves his Subjects Religion and the Laws of the Land better then himself and likewise that there is no people that better loves their King which he will cherish to the uttermost It was thought that this place had been safe for this Assembly yet since the Sickness hath brought some fear thereof his Majesty willeth the Lords and Commons to put into the Ballance with the fear of the Sickness his and their great and weighty occasions Then the Lord Treasurer added That the late King when he died was indebted to the City of London 120000 l. besides Interest and indebted for Denmark and the Palatinate 150000 l. and indebted for his Wardrobe 40000 l. That these debts lie upon his Majesty that now is who is indebted upon London 70000 l. That he hath laid out for his Navy 20000 l. and 20000 l. for Count Mansfield And for Mourning and Funeral expences for his Father 42000 l. For expences concerning the Queen 40000. The Navy will require to set it forth in that Equipage as is requisit for the great Design his Majesty hath in hand and to pay them for the time intended for this Expedition 300000 l. After this Conference the Commons fell into high Debates alleaging That the Treasury was mis-employed that evil Councels guided the Kings Designs that our Necessities arose through Improvidence that they had need to Petition the King for a strait hand and better Counsel to Manage his Affairs And though a former Parliament did engage the King in a War yet if things were managed by contrary Designs and the Treasure misemployed This Parliament is not bound by another Parliament to be carried blindfold in Designs not guided by sound Counsel and that it is was not usual to grant Subsidies upon Subsidies in one Parliament and no Grievances redressed There were many Reflections upon the Dukes miscarriages likewise they reassumed the Debate concerning Montague and they resolved That Religion should have the first place in their Debates and next unto it the Kingdoms Safety and then Supplies Other particulars were likewise insisted on That the King be desired to Answer in full Parliament to the Petition
concerning Religion and that his Answer be Inrolled with the force of an Act of Parliament Also that the House consider of the new prepared Fleet and Army and whither intended no Enemy being yet declared That great Sums of Money were given for places to the value of an Hundred and forty thousand pounds at least that the King should contribute to help the Palatinates Cause with his own Estate that the time of the year was too far spent for the Fleet to go forth in Service that inquiry be made whether the Duke brake not the Match with Spain out of Spleen and Malice to Conde Olivares whether he made not the Match with France upon harder terms and whether the Ships lent against Rochel were not maintained with the Subsidies given for the relief of the Palatinate that an Advised Counsel for the Government of the present Affairs and to look into the Kings Estate is necessary that his Majesty be desired to give his Answer concerning the Imposition on Wines and Select Committees draw out these Heads at large to be presented to the King The doing whereof they said was no Capitulation with his Majesty but an ordinary Parliamentary course Without which the Commonwealth could never supply the King nor indeed subsist Soon after the Commons had a Conference with the Lords desiring their Concurrence in presenting to the King these Matters following That notwithstanding the Lords and Commons at their last Meeting this Session did Petition his Majesty for the advancing of Gods true Religion and the suppressing of Popery unto which his Majesty vouchsafed as well from his own Mouth as by the Lord Keeper to return such Answer as assured them of his Royal performance yet at this Meeting they finde That on the 12 of Iuly last his Majesty granted a Pardon unto Alexander Baker a Jesuite and unto Ten other Papists which as the Commons have been informed was gotten by the importunity of some Foreign Ambassador and passed by immediate Warrant and was recommended by the Principal Secretary of State without the payment of the ordinary Fees And further That divers Copies of Letters and other Papers being found in the house of one Mary Estmonds in Dorsetshire by two Justices of Peace who thereupon tendred her the Oath of Alleagiance and upon her refusal committed her to the Constable from whom she made an escape and complained to the King The Principal Secretary did write to those two Justices in favor of her Upon these Passages the Commons made Observations first upon the date of the Pardon which was the next day after his Majesties Answer by the Lord Keeper to their Petition concerning Religion secondly That the Pardon dispenced with several Laws as of the 21 and 27 of Queen Elizabeth and of the Third of King Iames provided to keep the Subjects in due obedience thirdly That the Pardon was signed by the Principal Secretary of State and therefore the Commons declared that these actings tended to the prejudice of true Religion his Majesties dishonor the discountenancing of the Ministers of Justice the grief of the good people the animating of the Popish party who by such examples grew more proud and insolent and to the discouragement of the High Court of Parliament All which they humbly desire his Majesty to take into due consideration and to give effectual and speedy Redress therein The Lord Conway principal Secretary of State being called to give an Accompt of this business answered That he ever hated the Popish Religion That the Pardon was granted before the King answered their Petition though it bore not date till afterwards That the King commanded the doing thereof and that no Fees should be taken That he was commanded by the King to write a Letter in favor of the Woman in Dorset-shire and what he did therein was to take off all scandal from the King though it lighted upon himself This Conference no sooner ended but both Houses were ordered to meet at Christ-Church to receive an Answer to their Petition concerning Religion To every Clause whereof his Majesty answered in a Parliamentary way The Petition Remedies and the Kings Answer we give you intermixt for the better understanding the Answer to every respective Clause distinctly To the Kings most Excellent Majesty Most Gracious Soveraign IT being infallibly true that nothing can more establish the Throne and assure the peace and prosperity of the people then the unity and sincerity of Religion We your most humble and loyal Subjects the Lords Spiritual and Temporal and Commons of this present Parliament assembled hold our selves bound in conscience and duty to represent the same to your Sacred Majesty together with the dangerous Consequences of the increase of Popery in this Land and what we conceive to be the principal Causes thereof and what may be the Remedies The Dangers appear in these particulars I. In their desperate ends being both the subversion of Church and State and the restlesness of their spirits to attain these ends the Doctrine of their Teachers and Leaders perswading them that therein they do God good service II. Their evident and strict dependencie upon such Forein Princes as no way affect the good of your Majesty and this State III. The opening a way of Popularity to the Ambition of any who shall adventure to make himself Head of so great a Party The principal Cause of the Increase of Papists I. The want of the due execution of Laws against Iesuites Seminary Priests and Popish Recusants occasioned partly by the connivencie oâ— the State partly by defects in the Laws themselves and partly by the manifold acuse of Officers II. The interposing of Foreign Princes by their Ambassadors and agents in favor of them III. Their great Concourse to the City and frequent Conferences and Conventicles there IV. The open and usual resort to the Houses and Chappels of Forein Ambassadors V. The Education of their Children in Seminaries and Houses of their Religion in Foreign parts which of late have been greatly multiplied and enlarged for entertaining of the English VI. That in some places of your Realm your people be not sufficiently instructed in the knowledge of true Religion VII The licentious printing and dispersing of Popish and Seditious Books VIII The imployment of men ill-affected in Religion in places of Government who do shall or may countenance the Popish party The Remedies against this outragious and dangerous disease We conceive to be these ensuing I. That the Youth of this Realm be carefully educated by able and Religious Schoolmasters and they to be enjoined to Catechise and instruct their Scholars in the grounds and principles of true Religion And whereas by many Complaints from divers parts of the Kingdom it doth plainly appear That sundry Popish Scholars dissembling their Religion have craftily crept in and obtained the places of Teaching in divers Counties and thereby infected and perverted their Scholars and so fitted them to be transported to the Popish Seminaries beyond
and he will improve it to your honor and the good of Religion as you issue nothing that is loss so you will bring home something that is gain and henceforward maintain the War by the perquisites thereof make but once an Entrance it may afterwards be maintained with profit when the Enemy is declared you may have Letters of Mart none shall be denied I have not been so idle but I shall make Propositions of advantage whither your selves may go and shall have the honey of the business August 9. 1625. After the Commons returned from the House of Lords they made Report of this Business unto the House which occasioned variety of Opinions Some were for giving the King present Supply who had made so gracious an Answer to the Petition for Religion and given direction that the same should be Inrolled pressing further That this Supply was not for the Kings own particular Wants but for the Honor and Defence of the Kingdom and that it might prove dangerous not to comply with the King in a modest and just desire Others were of a contrary minde and said It was requisite to present to his Majesty the means how he may live glorious at home and how he may be feared abroad by having his Designs better mannaged and an Enemy Declared Then may spurs be added to the Sea-horse and the King of Spain infested at a lesser charge and we better secured from Papists at home whose hearts are knit with the Spaniard and whose Estates may liberally contribute to the War and the great Sums given for Honors and Offices would go far in setting forth a Fleet at Sea and the Subject not be always importuned for Supply But the further Debate of this Business was put off till the next day being Wednesday the Tenth of August The next day the King sends a Message to the Commons wherein he takes notice that the House intended to enter into Consideration of divers heads concerning the King and the Common-wealth that he was pleased with their good intentions but desired them to consider his Affairs which require a speedy dispatch the season of the year was far spent yet the time not unseasonable for the Design that if the Plague should happen in the Navy the Action would be lost that if any of the House should be touched with the sickness much inconvenience would ensue by an abrupt breaking up therefore desires a present Answer about Supply if not he will take more care of the Commons then they will of themselves and will make as good a shift for himself as he can to go through with this present occasion and offereth that the Parliament shall meet again in Winter at what time they please upon his Royal word and hold together till they have perfected all things for the good of the Common-wealth and the King which are now in conception and desires them to consider it was the first Request that ever he made unto them Hereupon some earnestly pressed the giving of two Subsidies and two Fifteens his Majesties honor and the Necessity of his Affairs requiring it as it appeared out of Considerations already frequently represented Others replied that Necessity is a dangerous Counsellor and is a continual Argument of Supplies in all Parliaments that those Counsellors who have put the King and Kingdom into such a Necessity and hazard ought to answer for it whosoever they be that if the State of things will not admit a Redress of Grievances surely there is not so much necessity for money to give Subsidy upon Subsidy in one Parliament is not usual in the Eighteenth year of Henry the third there was one punished for pressing of more Subsidies when Subsidies had been granted before in that Parliament In the end it was proposed that a Report be made to the King that they have regard to his Honor Necessity and Safety and the safety of the Kingdom and that they will assist his Majesty in any honorable Action grounded upon sound Councils and that something be drawn up in writing to that purpose accordingly the House agreed upon a short Declaration which was assented unto without a Negative WE the Knights Cittzens and Burgesses of the Commons House of Parliament being the Representative body of the whole Commons of this Realm abundantly comforted in his Majesties late gracious Answer touching Religion and his Message for the care of our health do Solemnly protest and vow before God and the world with one heart and voice that we are all resolved and do hereby declare that we will ever continue most Loyal and obedient Subjects to our most gracious Soveraign Lord King Charles and that we will be ready in convenient time and in a Parliamentary way freely and dutifully to do our utmost endeavors to discover and reform the Abuses and Grievances of the Realm and State and in like sort of afford all necessary Supply to his most Excellent Majesty upon his present and all other his just Occasions and Designs most humbly beseeching our said Dear and Dread Soveraign in his Princely wisdom and goodness to rest assured of the true and hearty affections of his poor Commons and to esteem the same to be as we conceive it is indeed the greatest worldly reputation and security that a just King can have and to accompt all such as slanderers of the peoples affections and Enemies to the Common-wealth that shall dare to say the contrary This Declaration was sent to the King by such of the Privy-Council as were Members of the House Notwithstanding the King perceiving the House resolved against Supply without Redress of Grievances and in their Debates to reflect upon some great Persons near unto him the 12th of August sent to the House of Peers a Commission directed to several Lords for the Dissolution of the Parliament whereupon the Gentleman-Usher was commanded to signifie to the Speaker of the House of Commons that the Lords had received his Majesties Commission which was read unto both Houses whereupon the Commons with their Speaker went up presently to the Lords heard the Commission read and the Parliament declared to be dissolved At this Parliament begun and holden by Prorogation at Westminster the 18th day of Iune Anno Regis Caroli Primo 1625. these Acts were passed 1. AN Act for the punishing of divers Abuses committed on the Lords-Day commonly called Sunday 2. An Act to enable the King to make Leases of Lands parcel of the Dutchy of Cornwal 3. An Act for the ease of obtaining Licenses of Alienation and in the pleading of Alienations with licence or of Pardons of Alienations without licence in the Court of Exchequer or elsewhere 4. An Act to restrain Tipling in Inns and Ale-houses 5. An Act for the Subsidy of the Clergy 6. An Act for the two Subsidies of the Temporalty 7. An Act that this Session of Parliament shall not determine by his Majesties assent to this and some other Acts. 8. An Act
Citizens and Burgesses of the House of Commons you are here assembled by his Majesties Writs and Royal Authority to hold a new Parliament the general Antient and Powerful Councel of this Renowned Kingdom whereof if we consider aright and think of that incomparable distance between the Supream height and majesty of a Mighty Monarch and the submissive aw and lowliness of a Loyal Subject We cannot but receive exceeding comfort and contentment in the frame and constitution of this Highest Court wherein not onely the Prelates Nobles and Grandees but the Commons of all degrees have their part and wherein that high Majesty doth descend to admit or rather to invite the humblest of his Subjects to Conference and Council with him of the great weighty and difficult Affairs of the King and Kingdom A benefit and favor whereof we cannot be too sensible and thankful for sure I am that all good hearts would be both sensible and sorrowful if we did want it And therefore it behooveth all with united hearts and mindes free from distraction and diversion to fix their thoughts upon Counsels and Consultations worthy of such an Assembly remembring That in it is presented the Majesty and Greatneâ—s the Authority and Power the Wisdom and Knowledge of this great and famous Nation and it behooveth us to magnifie and bless God that hath put the power of Assembling Parliaments in the hands of him the vertue of whose person doth strive with the greatness of his Princely Lineage and Descent whether he should be accounted Major or Melior a greater King or a better Man and of whom you have had so much tryal and experience That he doth as affectionately love as he doth exactly know and understand the true use of Parliaments witness his daily and unwearied Access to this House before his Access to the Crown his gratious readiness to all Conferences of Importance his frequent and effectual Intercession to his Blessed Father of never dying Memory for the good of the Kingdom with so happy success That both this and future generations shall feel it and have cause to rejoyce at the success of his Majesties Intercession And when the Royal Diadem descended upon himself presently in the midst of his Tears and Sighs for the departure of his most Dear and Royal Father in the very first Consultation with his Privy Council was resolved to meet his People in Parliament And no sooner did the heavy hand of that Destroying Angel forbear those deadly strokes which for some time did make this place inaccessible but his Majesty presently resolved to recal it and hath now brought you together and in a happy time I trust to treat and consult with uniform Desires and united Affections of those things that concern the general good And now being thus Assembled his Majesty hath commanded me to let you know that his Love and Affection to the Publick moved him to call this Parliament and looking into the danger and the spreading of that late Mortality and weighing the multitude of his Majesties pressing occasions and urging affairs of State both at home and abroad much importing the safety and state of this Kingdom the same affection that moved him to call it doth forbid him to prolong the sitting of this Parliament And therefore his Majesty resolving to confine this meeting to a short time hath confined me to a short Errand and that is That as a thing most agreeable to the Kingly Office to the example of the best times and to the frame of Modern Affairs his Majesty hath called you together to consult and to advise of provident and good Laws profitable for the Publick and fitting for the present times and actions for upon such depends the assurance of Religion and of Justice which are the surest Pillars and Buttresses of all good Government in a Kingdom For his Majesty doth consider that the Royal Throne on which God out of his Mercy to us hath set him is the Fountain of all Justice and that good Laws are the Streams and Quits by which the benefit and use of this Fountain is dispersed to his people And it is his Majesties care and study that his people may see with comfort and joy of heart that this Fountain is not dry but they and their Posterity may rest assured and confident in his time to receive as ample benefit from this Fountain by his Majesties Mercy and Justice as ever Subjects did in the time of the most eminent Princes amongst his Noble Progenitors wherein as his Majesty shews himself most sensible of the good of the Publick so were it an injury to this great and honorable Assembly if it should be but doubted that they shall not be as sensible of any thing that may adde to his Majesties honor which cannot but receive a high degree of Love and Affection if his Majesty succeeding so many Religious Wise and Renowned Princes should begin his Reign with some Additions unto those good Laws which their happy and glorious times have afforded And this his Majesty hath caused me to desire at this time especially above others for his Majesty having at his Royal Coronation lately solemnized the Sacred Rites of that Blessed Marriage between his people and him and therein by a most holy Oath vowed the Protection of the Laws and Maintenance of Peace both to Church and People no time can be so fit for his Majesty to advise and consult at large with his people as this present time wherein so lately his Majesty hath vowed Protection to his People and they have protested their Alleagiance and Service to him This is the sum of that charge which I have received from his Majesty to deliver unto you wherein you see his Majesties intent to the Publick And therefore his desire is That according to that conveniency of time which his Affairs may afford you will apply your selves to dispatch the business of this Parliament The Wednesday following the Commons presented Sir Hennage Finch Knight Serjeant at Law and Recorder of London for their Speaker who having made the accustomed Excuses and acknowledged his Majesties Approbation made this Speech SInce it hath pleased your Majesty not to admit my humble Excuse but by your Royal Approbation to crown this Election after my heart and hands first lifted up to God that hath thus inclined your Royal Heart I do render my humblest thanks to your Majesty who are pleased to cast so gratious an eye upon so mean a Subject and to descend so low as in a service of this Importance to take me into your Princely Thoughts And since we all stand for Hundreds and Thousands for Figures and Cyphers as your Majesty the Supream and Soveraign Auditor shall please to place and value us and like Coyn to pass are made currant by your Royal Stamp and Impression onely I shall neither disable nor under-value my self but with a faithful and chearful heart apply my self with the best of my strength and abilities
orientem ab Occidente a Monster in Nature And one of their own speaking of the two great Lights which God hath placed in the Firmament makes the Pope Luminare majus presidens urbi orbi and the King of Spain Luminare minus ut subdatur urbi dominetur per totum orbem A great flattery and a bold and impudent elusion But I trust as God hath put it into the heart of your blessed Father by that matchless Book of his written to all Christian Monarchs and Princes a Work by which he raised a Monument to himself more lasting then Marble to denounce War to that Adversary of God and Kings the Pope so he hath set your sacred Majesty upon the Throne of your Father to do as many things worthy to be written as he had written things worthy to be read amongst them to restrain that unlimited pride and boundless ambition of Spain to reduce it to their proper current channel who under the title of Catholick King makes his pretence to more Countries and Kingdoms then his own and by color of disguised Treaties he invades the Palatinate and dispossesseth that Incomparable Lady your Royal Sister and the Children of this Kingdom of their right and their antient Patrimony and Inheritance to the discomfort and dishonor of this great and glorious Nation God in his mercy soon repair this breach by your Royal head and I assure my self the hearts the hands and the purses of all good Subjects will say Amen But I may weary your Majesty and lose my self and forget for whom I am a Speaker Custom gives me the priviledge as an humble Suitor on the behalf of the House to present their few Petitions unto your Majesty 1. The first That for our better attending this Publick and important service our selves and our necessary Attendants may with your Majesties tender allowance be free both in our persons and goods from Arrests and troubles according to our antient Priviledges 2. The next That since for the preparing and drawing to conclusion such Propositions as shall be handled in the House Debate and Dispute will be necessary and by variety of opinions Truth is oftentimes best discerned your Majesty will likewise according to your antient usage and priviledge vouchsafe us liberty and freedom of speech from which I assure my self duty and loyalty to your Majesty will never be severed 3. That when occasions of moment shall require your Majesty upon our humble suit and at such times as may best sort with your occasions will vouchsafe us access to your Royal person 4. That the Proceedings of the House may receive a favorable Interpretation at your gracious hands and be free from misconstructions The Houses began their work with rendring thanks to the King for his gracious Answer to their late Petition for Religion An Act was tendred and read To administer an Oath for the rendring a true Accompt of all General and Publick Taxes Rates and Collections Another against Scandalous Ministers It was moved some Provision might be made against Scandalous Livings as well as against Scandalous Ministers The Commons further fell into Examination of the Publick Grieveances and the Carriage or rather Miscarriage of the Fleet to Cadiz The Evil Counsellors about the King Misgovernment and Misimployment of the Kings Revenue An Accompt of the Subsidies and Three Fiâ—teens granted 21 Iacobi And resolved of a Committee for secret Affairs and another for Grievances to sit every Friday and Wednesday during the Parliament And Mr. Whitby was commanded to the Chair for the Committee for Grievances where were delivered these ensuing Consultations I. The State of the King in the Constant Revenue of the Crown 1. What it was and how for the Introitus and Exitus they are ordered 2. What now it is either in cleer or by Lands by Customs and Impositions or by Casualties 3. The means how it is abated By gifts of Lands ex mero motu and no valuable consideration and this may be revoked By grants of Pensions now 120000 l. before but 80000 l. Good Times have resumed them or contracted them upon Necessity By increase of Houshold from 45000 l. to 80000 l. the Purveyors more and the Tables less furnished then formerly By fruitless Ambassadors with larger allowance then formerly To reduce them to the Ordinary of the late Queen By treble increase of the Privy-Purse By double increase of the Treasury of the Chamber and Great Wardrobe In all by not using the best course of Assignments whereby the Creditors are delayed in the paiment and the King surcharged in the price the Exchequer-man making his profit from the Kings wants II. The Condition of the Subject in his Freedom 1. Formerly in Taxes by Parliaments as by Subsidies and Fifteens spent onely on Defence of the State or Aid of our Allies by Tonage and Poundage imployed in Guard of the Seas Loans rarely and those imployed intirely for the Publick Imposition by Prerogative of old Customs rated easily by the Book of Rates if any either limited to time or measure 2. New Impositions and Monopolies multiplied and settled to continue by Grants Customs Inhannced by the new Book of Rates Tonage and Poundage levied though no Act of Parliament nor Seas guarded the Times the Wayes and the Persons that induce these 3. The Imploiment or Waste of the Treasure What Sums have been granted for the Defence of the State the last Three years How in particular spent and where By what Advice as by the direction of the Council of War appointed by Parliament by full Order of the Council by any other then those and by whom First Publick Treasury is to be examined Secondly The Kings Subjects how many and when transported and imployed as to the Palatinate Count Mansfields Land-soldiers in the last Fleet The Designs where they were sent the Council that directed it the success of the Action and the Return of the persons in number and the Loss Thirdly In Ships and Munition our own The Number and Quantity imployed severally the Number imbarqued in those Ships and what prejudice and discouragement of Trade the Council that directed such Imploiments the several success as at Algier and Cadiz Strangers and those Ships either of Allies or Enemies Allies hired by Contract to serve and how used or taken as Prize if so how then delivered and dealt withal in the course of Justice what success hath followed upon Injustice done them as the Arrest of our Goods in France and Germany whereby our Merchants are at a stand The number and true value of the Goods the Accompt thereof made to his Majesty or his Officers the dismissing and discharging any of them or the Goods viz. by whom the Directions the Pretence the Value of the Goods the Place whither they went Honor of the King which as in all other things consists in what formerly hath been done How formerly we stood a Nation feared renowned victorious We made the Netherlands a
Edward 4.6 or by Bill and an Act of Parliament to attaint the Party An Order was made in the Upper-House of Parliament 21 Iac. That any Peer shall have Counsel in case Criminal or Capital and upon the Accusation of the Earl of Bristol in Parliament he made a motion for Counsel which matter was commended to the King by the Lords with voucher of the said former Order The King returned Answer that this was contrary to the Fundamental Laws of the Realm but inasmuch as it was for his Benefit and Prerogative with which he may dispence therefore out of his grace he would allow the Earl of Bristol to have his Counsel with protestation that he would advise in the general and the same Order was made without his privity and without hearing the Justices or his Counsel And upon the Trial of the Lord Middlesex in a Case Criminal and not Capital afterward that is to say Friday after upon the assembly of all the Justices the Attorney of the King by commandment of the King demanded their opinion and they with one voice agreed That where the Trial is upon Indictment no Counsel in Fellony or Treason is to be allowed unless a matter of Law happen or upon the Indictment or upon Plea of the Defendant or upoâ— Evidence and in such Cases the Prisoner may have Counsel but not otherwise The Lords by Order referred to the Justices this Question Whether the King may be a Witness in case of Treason Secondly Admit that this be for Treason done when he is privy Whether in this case he may be a Witness or not and before the Resolution this Message and Command came from the King to the Justices that in this general Question they do not deliver any opinion but if any point come in particular they upon mature deliberation may give their advice And this was declared by the Cheif Justice in the Upper House of Parliament and the said Matter surceased Sitting this Parliament the Duke of Buckingham was deputed Procurator by several Peers whose Votes on any occasion he had power to make use of viz. By the Earls of Bath Exeter Cumberland Northumberland Lord Teinham Colchester Tunbridge Evers Darcy Meynel Noel St. John of Basing Mansfield and Roberts Whereupon the House of Peers made an Order That after this Session no Lord of this House shall be capable of receiving above two Proxies nor more to be numbred in any Cause voted About a fortnight after the Charge was given in against the Earl of Bristol the Earl gave in his Answer which we have chosen to insert here for the Readers more conveniency though a little out of time And having the Answer in his hand ready to deliver to their Lordships he did crave leave that by way of Introduction he might speak a few words and began thus I Am not insensible upon what disadvantages I come to tryal in this Cause For first I am faln into this Majesties heavy displeasure and am to encounter with a potent Adversary highly in favor and am accused for Treason for which all Counsel and Friends abandon me as a man infected with the Plague I am become bound and under restraint whereas a man who is to encounter for his life and honor and with a strong Adversary had need to come upon equal terms But as to the Matter I finde my self charged with divers Articles of High Treason but looking into them with the eyes of my best understanding with the opinion also of my Council lately assigned me and taking them apart one Article from another I finde not any thing in them like Treason or that hath so much as the shew or countenance of a fault either in act or words onely by laying all things together and by wresting the wrests with a strained Construction directly contrary to the true sence and meaning of them and the occasion whereupon they were spoken it is informed and that by way of inference onely That the intent was evil and the matter to prove the intent to be evil depends upon two props viz. Ill affection to Religion and too much affection to Spain which if I shall clear the Inference grounded upon these props will fall of it self Therefore I crave leave of your Lordships before I give my Answer to the Charge that I may give you an account of these two particulars and I humbly beseech you that what I shall speak in my just defence may not be conceived to proceed of vain ostentation And first for Religion I was in my Childhood bred in the Protestant Religion and rather after the stricter manner then otherwise When I grew in years fit I travelled into France Italy and Rome it self In all which Travels I can produce some that I consorted withal who will witness with me that I ever constantly used the Religion I professed without the least prevarication no man being able to charge me that so much as out of curiosity I ever was present at any of the exercises belonging to the Roman Religion or did the least act of Conformity to any of their Rites or Ceremonies Secondly After my return home I was received into the service of his late Majesty of Blessed Memory whom I served some years as a Gentleman of his Privy Chamber and Carver in which time none of his Majesties Servants received the Holy Sacrament frequented Sermons and other exercises of our Religion more then I. Thirdly In that time of my youth not to avoid idleness but out of affection to Religion I translated that excellent Book of our Faith and great Points of our Religion Written by Monsieur Moulins which his late Majesty having sometimes after seen approved so well that he would needs have it Printed which accordingly was Printed in the name of Mr. Sampford my Chaplain to whom I gave the honor But it was my own act as Mr. Sampford will not deny though to this hour I had never before spoken of it Fourthly About Seven or eight and twenty years of my age I was employed Ambassador into Spain in that great business of the Treaty of the Marriage and whereas others before me carried with them but one Chaplain I had two viz. Mr. Sampford and Mr. Boswel and at my arival at the Court of Spain I caused it to be published that such a day God willing I purposed to have a Communion to the end that such English as were in the Town might resort thither Whereat the Duke De Lerma and other the great Ministers of Spain took offence and told me they might well perceive I brought no good affection to the business I came about that would so publickly and avowedly in that Court where never the like was done proclaim there a Communion and with high expression perswaded me to decline it Whereunto I answered I came to do my Master service which I would heartily and effectually endeavor but would not omit my service to God no though my Master commanded And at
the other Knight being Robert Clifford it was agreed in Parliament that he should have the voices of both because the other must of necessity be absent And they both amongst other things petitioned the Council that if the King in his Person should come on the Sea they might have such a liberty to wait upon him as they might make their Lieutenant during the time for the service of their places But the Council that allowed the rest or most of their demands answered to that Le Councel ne pent faire Then he estimated the nature of the offence by the consequences which follow the not guarding of the Seas viz. 1. The losses already shewed 2. The prevention of Trade which gives life to the wealth of the Kingdom 3. The weakning of the Naval strength the Merchants being thereby discouraged from building ships which they cannot use In 1 Rich. 2. the Commons opened the two chief and almost whole Causes of the weakning the Kingdom at that time the neglect of Chivalry and eminent vertue not regarded nor rewarded the decay of Trade since the Navy was grown weak besides all the loss of quiet possession of so large a Territory as the Seas of England and Ireland by the free use of which the ancient glory and greatness of the Crown of England hath so constantly subsisted Then he instanced in Michael de la Pool Lord Chancellor who in 9 Rich. 2. mis-spent Subsidies given pro salva custodia maris as appears in the Roll and was adjuged in Parliament though for other offences because some other Lords of the Council had been trusted with him and it was not fit to impeach him sans les companions they taking it for a crime without question fit to be complained of Secondly in William Duke of Suffolk who for the same fault being Admiral onely in the right of Henry Earl of Exeter his Ward was by the King extraordinarily commanded into banishment Then he brought examples of such who had been put to death and confiscated for not safe-guarding Towns and Castles and Forts which are of like nature with not safe-guarding the Seas and with losing the possession of the Crown To the Fifth he said The staying of the ship called the Peter of Newhaven and detaining part of the goods was against the Marine Laws of England against the Common Laws against the Laws of Merchants and consequently the Law of Nations By the Marine Laws agreeable to the Civil Laws sentence given by any Subject or other against the King may upon new proof be revoked but not without new proof He made by his Patent a Judge of all Maritine Causes as well as Keeper of the Seas his Jurisdiction was to be exercised juxta leges nostras civiles Maritimas and accordingly to hear all Causes and generally to proceed ex officio mero mixto promoto secundum leges nostras Civiles Maritimas Against the Common-Laws All Justices and all other deputed to do Law or Right are commanded by Act of Parliament to permit the course of ordinary Justice and although they be commanded to do the contrary that they do execution aright and according to justice as far as in them lies and so for any Letters of Commandment which may come unto them from us or from any other or by any other cause Against the Law of Nations Against what is agreed by the Leagues between us and Forain Nations That the Subjects of Nations in Amity with us shall be well used and permitted without Molestation for what cause or occasion soever according to the Laws and Customs of the places where they shall be Lastly against the Laws of Merchants which is to have Celerem justitiam The Consequences of this Offence are 1. Great damage to our English Merchants that have suffered by reason of it in Forain Parts as they alleadge 2. It is a discouragement to those that are Subjects to the Marine Jurisdiction 3. An example that may serve hereafter to justifie all absolute Authority in the Admiral without Law or Legal course over the ships and good of all Merchants whatsoever and so no security to Merchants Lastly He instanceth in the Duke of Suffolk who was adjudged in Parliament for Treason and among other offences it was laid to his charge that he took to his own use goods Piratically taken and expresly against the Order determined by the Lord Protector and the whole Council whereunto his hand had been for the restitution of them Next were read the Sixth Seventh and Eighth Articles viz. VI. Whereas the honor wealth and strength of this Realm of England is much increased by the Traffick chiefly of such Merchants as imploy and build great warlike Ships a consideration that should move all Counsellors of State especially the Lord Admiral to cherish and maintain such Merchants The said Duke abusing the Lords of the Parliament in the One and twentieth year of the late King Iames of famous memory with pretence of serving the State did oppress the East India Merchants and extorted from them Ten thousand pounds in the subtil and unlawfull manner following About February in the year aforesaid he the said Duke hearing some good success that those Merchants had at Ormus in the parts beyond the Seas by his Agents cunningly in or about the moneth aforesaid in the year of the said late King endeavored to draw from them some great sum of money which their poverty and no gain by that success at Ormus made those Merchants absolutely to deny whereupon he the said Duke perceiving that the said Merchants were then setting forth in the course of their Trade four Ships and two Pinaces laden with goods and merchandise of very great value like to lose their voyage if they they should not speedily depart The said Duke on the first of March then following in the said year of the said late King did move the Lords then assembled in the said Parliament whether he should make stay of any Ships which were then in the Ports as being high Admiral he might and namely those ships prepared for the East India voyage which were of great burthen and well furnished which motion being approved by their Lordships the Duke did stay those ships accordingly but the fifth of March following when the then Deputy of that Company with other of those Merchants did make suit to the said Duke for the release of those Ships and Pinaces he the said Duke said he had not been the occasion of their staying but that having heard the motion with much earnestness in the Lords House of Parliament he could do no less then give the order they had done and therefore he willed them to set down the reasons of their suit which he would acquaint the House withall yet in the mean time he gave them leave to let their said ships and Pinaces fall down as low as Tilbury And the tenth of March following an unusual joynt action was by his procurement entred
complained of and what punishment it may deserve His fault consisteth in the unjust extorting and receiving the Ten thousand pounds from the East-India Company against their wills by colour of his Office Yet as offenders in this kinde have commonly some colour to disguise and mask their Corruptions so had he His colour was the Release of his pretended right to the Tenth part or some other share of the Goods supposed to be Piratically taken at Sea by the Captain and their Servants of the Company And though his Lordship may perhaps call his act therein a lawful Composition I must crave pardon of your Lordships to say thus That if his supposed right had been good this might peradventure have been a fair Composition The same pretence being unsound and falling away it was a meer naked Bribe and unjust extortion For if way should be given to take money by colour of Releases of pretended rights men great in power and in evil would never want means to extort upon the meaner sort at their pleasures with impunity It remains therefore that I should prove unto your Lordships onely two things First That a pretence of right by the Duke if he had none will not excuse him in this case and in the next place to shew by reason and good warrant That he had in Law no right at all to Release For the former I will relie upon the substance of two noteable presidents of Judgments in Parliament the one antient in the 10 Rich. 2. At which time the Commons preferred divers Articles unto the Lords in Parliament against Michael de la Pool Earl of Suffolk Lord Chancellor of England accusing him amongst other things by the first Article of his Charge That while he was Lord Chancellor he had refused to give Livery to the cheif Master of St. Anthonies of the profit pertaining to that Order till he had security from them with Sureties by Recognisance of Three thousand pounds for the payment of One hundred pounds per annum to the Earl and to Iohn his Son for their lives The Earl by way of Answer set forth a pretended Title in his Son to the cheif Mastership of that Order and that he took that One hundred pound per annum as a Composition for his Sons right The Commons replied shewing amongst other things That the taking of Money for that which should have been done freely was a selling of the Law and so prayed Judgment In conclusion the pretended right of his Son not being just or approved the offence remained single by it self a sale of Law and Justice as the Law termeth it and not a Composition for the Release of his Interest So the Earl for this amongst the rest was sentenced and greatly punished as by the Records appeareth The other President of like nature is more Modern in the Case of the Earl of Middlesex late Lord Treasurer of England who was charged by the Commons in Parliament and transmitted to your Lordships for taking of Five hundred pounds of the Farmers of the Great Customs as a Bribe for allowing of that Security for payment of their Rent to the late Kings Majesty which without such reward of Five hundred pounds he had formerly refused to allow of The Earl pretended for himself That he had not onely that Five hundred pound but Five hundred pounds more in all One thousand pounds of those Farmers for a Release of his Claim to Four of Two and thirty parts of that Farm But upon the proof it appearing to your Lordships That he had not any such part of that Farm as he pretended it was in the Thirteenth day of May in the Two and twentieth year of his late Majesties reign Adjudged by your Lordships in Parliament which I think is yet fresh in your Memories That the Earl for this amongst other things should undergo many grievous Censures as appeareth by the Records of your Lordships house which I have lately seen and perused And now being to prove that the said Duke had no title to any part of the Goods by him claimed against the East-India Company I shall easily make it manifest if his Lordships pretence by his own Allegation in the Admiralty were true That the Goods whereof he claims his share were Piratically taken From which Allegation as he may not now recede so is it clear by Reason and Authority That of such Goods no part or share whatsoever is due to the Lord Admiral in right of his Office or otherways 1. For that the parties from whom the same were taken ought to have restitution demanding it in due and reasonable time and it were an injury to the intercourse and Law of Nations if the contrary should be any way tolerated 2. Secondly by Law for so are the Statutes of this Kingdom and more especially in 27 Edw. 3.13 whereby it was provided That if any Merchant privy or stranger be robbed of his Goods upon the Sea and the same come afterwards into this Realm the owner shall be received to prove such Goods to be his and upon proof thereof shall have the same restored to him again Likewise 1 2 3 Edw. 6.18 in the Act of Parliament touching Sir Thomas Seymour Great Admiral of England who therein amongst divers other things is charged with this That he had taken to his own use Goods Piratically taken against the Law whereby he moved almost all Christian Princes to conceive a grudge and displeasure and by open War to seek remedy by their own hands And therefore for this amongst other things he was attainted of High Treason as appeareth by that Act wherein the Law is so declared to be as before is expressed But if it should be admitted that the Duke had a right in this case for which he might compound yet the manner of his seeking to try and recover such his right is in it self an high Offence and clearly unlawful in many respects whereof I will touch but a few As in making the most Honorable House of Parliament an Instrument to effect his private ends for his profit In proceeding to arest and stay the Ships of men not apt to flie but well able to answer and satisfie any just Suits which he might have against them though their Ships had gone on in their Voyage In prosecuting things so unseasonably and urging them so extreamly by his Advocate for bringing in of so great a sum of money upon the sudden and formally under colour of Justice and Service of the State In reducing that Company into that straight and necessity that it was as good for them to compound though the Duke had no title as to defend their own just right against him upon these disadvantages which by his power and industry he had put upon them Then he read the Seventh and Eighth Articles which he handled joyntly as being not two Charges but two sevearl parts of one and the same Charge and when he had read them he went on speaking further to
in the Book-Case in the Third year of Edw. 3. which was here urged cannot be proved to be in Parliament time and this the Lords of the Grand-Committee thought fit to offer to the consideration of the House Hereupon the House was moved to give power to the Lords Sub-Committees for Priviledges c. to proceed in the search of Presidents of the Commitment of a Peer of this Realm during the time of Parliament and that the Kings Council might shew them such Presidents as they have of the said Commitment And that the said Sub-Committee may make the Report unto the House at the next access All which was granted and agreed unto and these Lords were called unto the said Sub-Committee viz. The Lord Treasurer Lord President Duke of Buckingham Earl of Dorset Earl of Devon The Earl of Clare The Vicount Wallingford Vicount Mansfield Lord North. And the Kings Council were appointed to attend the Lords The Lord President reported the Proceedings of the said Sub-Committees for Priviledges c. upon Commitment of the Earl of Arundel viz. That the Kings Council had searched and acquainted the Lords Sub-Committees with all that they had found in Records Chronicles and Stories concerning this matter Unto which the said Lords Sub-Committees had given full Answer and also shewed such Presidents as did maintain their own Rights The Presidents being read which for the length we forbear to mention It was resolved upon the Question by the whole House Nemine dissentiente That the Priviledge of this House is That no Lord of Parliament the Parliament sitting or within the usual times of Priviledges of Parliament is to be imprisoned or restrained without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace And it was thereupon ordered That the said Lords Sub-Committees for Priviledges c. or any five of them shall meet this afternoon to consider of a Remonstrance and Petition of the Peers concerning the Claim of their Priviledges from Arrests and Imprisonments during the Parliament Which was conceived by the Lords Sub-Committees for Priviledges according to the Order of the House and was read openly viz. May it please your Majesty WE the Péers of this your Realm assembled in Parliament â—inding the Earl of Arundel absent from his place that sometimes in this Parliament sate amongst us his presence was therefore called for But thereupon a Message was delivered unto us from your Majesty by the Lord Kéeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and had no relation to matters of Parliament This Message occasioned us to enquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in any dutiful respect to your Majesty and yet preserve our right and priviledge of Parliament And after diligent search both of all Stories Statutes and Records that might inform us in this case We find it to be an undoubted right and constant priviledge of Parliament That no Lord of Parliament the Parliament sitting or within the usual times of Priviledge of Parliament is to be imprisoned or restrained without Sentence or Order of the House unless it be for Treason or Felony or for refusing to give Surety for the Peace And to satisfie our selves the better we have heard all that could be alleaged by your Majesties Council learned at the Law that might any way weaken or infringe this claim of the Peers And to all that can be shewed or alleaged so full satisfaction hath been given as that all the Peers of Parliament upon the Question made of this Priviledge have una voce consented That this is the undoubted Right of the Peers and hath unviolably been enjoyed by them Wherefore we your Majesties Loyal Subjects and humble Servants the whole body of the Peers now in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted with your gracious favor to come sit and serve your Majesty and the Commonwealth in the great Affairs of this Parliament And we shall pray c. This Remonstrance and Petition to this Majesty was approved by the whole House who agreed that it should be presented by the whole House to his Majesty and it was further agreed That the Lord President the Lord Steward the Earl of Cambridge and the Lord Great-Chamberlain should presently go to the King to know his Majesties pleasure when they shall attend him These Lords returning the Lord President reported that his Majesty had appointed that day between two and three of the clock for the whole House to attend him with the said Remonstrance and Petition in the Chamber of Presence at Whitehall And it was agreed That the Lord Keeper should then read the same to the King and present it unto his Majesty The Twentieth of April the Lord President reported the Kings Answer unto the Remonstrance and Petition of the Lords to this effect That their Lordships having spent some time about this business and it being of some consequence his Majesty should be thought rash if he should give a sudden Answer thereto and therefore will advise of it and give them a full Answer in convenient time The 21. of April 1626. It was ordered That the House should be called on Monday next being the 24. of April Which was done accordingly And the Earl of Arundel being called the Lord Keeper signified unto the House That his Majesty had taken into consideration the Petition exhibited by their Lordships the 19. of April concerning the Earl of Arundel and will return an Answer thereunto with all expedition The 2. of May it was ordered That the Lord Keeper should move his Majesty from the House for a speedy and gracious Answer unto the Petition on the Earl of Arundels behalf The 4. of May 1626. the Lord Keeper signified unto their Lordships That according to the Order of the 2. of May he had moved his Majesty from the House on the behalf of the Earl of Arundel Who answered It is a Cause wherein he hath had a great deal of care and is willing to give their Lordships satisfaction and hath it in his consideration how to do it and hath been interrupted by other business wherein Mr. Attorney hath had occasion of much conference with him as their Lordships are acquainted But will with all conveniencie give their Lordships satisfaction and return them an Answer The 9. of May 1626 the House being moved to petition the King touching the Earl of Arundel certain Lords were appointed to set down the form of the said Petition who reported the same in writing as followeth viz. May it please your Majesty WHereas the whole body of the Peers now assembled in Parliament did the 19 day of April exhibit to your Majesty an humble Remonstrance and Petition concerning the Priviledge of Peers
they ought not to have righted themselves before Legal Complaint and a denial on our part and then by way of Reprisal and not by Imbargo So that the Duke doth humbly leave it to the consideration of your Lordships whether the harm which hath hapned to our Merchants hath not been more occasioned by the unseasonable justifying of the actions of the French which animated them to increase their injuries then by any act either of the Duke or any other To this Article which consisteth of two main Points the one of the Extorting Ten thousand pounds unjustly and without right from the East-India Company the other admitting the Duke had a right as Lord Admiral the compassing it by undue ways and abusing the Parliament to work his private ends the Duke giveth this Answer wherein a plain Narration of the Fact he hopeth will clear the Matters objected and in this he shall lay down no more then will fully appear upon Proof About the end of Michaelmas Term 1623. the Duke had information given him by a principal Member of their own Company that the Company had made a great advantage to themselves in the Seas of East-India and other parts of Asia and Africa by rich prizes gotten there forcibly from the Portugals and others and a large part thereof was due to his Majesty and to the Duke as Admiral by the Law for which neither of them had any satisfaction Whereupon directions were given for a legal prosecution in the Court of Admiralty and to proceed in such Matter as should be held fittest by the Advice of Council In the Moneths of December and Ianuary in that year divers Witnesses were examined in the Admiralty according to the ordinary course of that Court to instruct and furnish Informative Processes in this behalf After the Tenth of March 1623. an Action was commenced in the Court in the joynt names of his Majesty and the Admiral grounded upon the former proceeding this was prosecuted by the Kings Advocate and the demand at first was Fifteen thousand pounds The Action being thus framed in both their names by Advice of Council because it was doubtful in the judgment of the Council Whether it did more properly belong to the one or to the other or to both and the form of entring that Action being most usual in that Court on the Eight and twentieth of April 1624. the Judicial Agreement and Sentence passed thereupon in the Admiralty Court wherein the Companies consent and their own offer plainly appeareth so that for the second part of the right it were very hard to conclude that the Duke had no right contrary to the Companies own consent and the sentence of the Court grounded on their Agreement unless it shall fully appear That the Company was by strong hand inforced thereto and so the money extorted Therefore to clear that scruple That as the matter of the Suit was just or at least so probable as the Company willingly desired it for their peace so the manner was as just and honorable your Lordships are humbly entreated to observe these few true Circumstances The Suit in the Admiralty begun divers moneths before the first mention of it in Parliament and some moneths before the beginning of it in that Parliament it was prosecuted in a legal course and upon such grounds as will yet be maintained to be just The Composition made by the Company was not moved by the Duke but his late Majesty on the behalf of himself and of the Duke treated with divers Members of the Company about it and the Duke himself treated not at all with them The Company without any compulsion at all agreed to the Composition not that they were willing to give so much if they might have escaped for nothing but that they were willing to give so much rather then to hazard the success of the Suit And upon this Composition concluded by his Majesty the Company desired and obtained a Pardon for all that was objected against them The Motion in Parliament about the stay of the Companies Ships then ready prepared and furnished was not out of any respect to draw them the rather to give the Composition but really out of an apprehension that there might be need of their strength for the defence of the Realm at home and if so then all private respects must give way to the Publick Interest These Ships upon the importunity of the Merchants and Reasons given by them were suffered nevertheless to fall down to Tilbury by his late Majesties direction to speed their Voyage the better whilst they might be accommodated for this Voyage without prejudice to the publick safety they were discharged when there was an Accommodation propounded and allowed which was That they should forthwith prepare other Ships for the home service whilst those went over with their Voyage which they accordingly did That the Motion made in the Commons House was without the Dukes knowledge or privity That when there was a rumor that the Duke had drawn on the Composition by staying of the Ships which were then gone the Duke was so much offended thereat that he would have had the former Communication to have broken off and have proceeded in a legal course and he sent to the Company to that purpose but the Company gave him satisfaction That they had raised no such rumor nor would nor could avow any such thing and entreated him to rest satisfied with their publick acts to the contrary That after this their Ships being gone themselves careful of their future security solicited the dispatch of the Composition consulted with Councel upon the Instruments which passed about it and were at the charge thereof and the money was paid long after the sentence and the sentence given after the Ships were gone and no security given at all for the money but the sentence and when this mony was paid to the Duke the whole sum but Two hundred pounds thereof onely was borrowed by the King and employed by his own Officers for the service of the Navy If these things do upon proof appear to your Lordships as is assured they will he humbly submitteth it to your judgments how far verbal Affirmations or Informations extrajudicial shall move your judgments when Judicial Acts and those things which were acted and executed prove the contrary To this Article which is so mixt with Actions of great Princes as that he dareth not in his duty publish every passage thereof he cannot for the present make so particular an Answer as he may hath and will do to the rest of his Charge But he giveth this general Answer the truth whereof he humbly prayeth may rather appear to your Lordships by the Proofs then by any Discourse of his which in Reason of State will happily be conceived fit to be more privately handled That these Ships were lent to the French King at first without the Dukes Privitie That when he knew it he did that which belonged
gracious Pardon of his now Majesty granted to the said Duke and vouchsafed in like manner to all his Subjects at the time of his most happy Inauguration and Coronation Which said Pardon under the Great Seal of England granted the said Duke beareth date the 10. day of February now last past and here is shewn forth unto your Lordships on which he doth most humbly rely And yet he hopeth your Lordships in your Justice and Honor upon which with confidence he puts himself will acquit him of and from those misdemeanors offences misprisions and crimes wherewith he hath been charged And he hopeth and will daily pray that for the future he shall by Gods grace so watch over his actions both publick and private that he shall not give any just offence to any The Duke having put in this Answer earnestly moved the Lords to send to the Commons to expedite their Reply and the Commons did as earnestly desire a Copy of his Answer The next day his Majesty wrote this Letter to the Speaker TRusty and Welbeloved We greet you well Our House of Commons cannot forget how often and how earnestly we have called upon them for the speeding of that Aid which they intended us for our great and weighty affairs concerning the safety and honor of us and our Kingdoms And now the time being so far spent that unless it be presently concluded it can neither bring us Money nor Credit by the time which themselves have prefixed which is the last of this Moneth and being further deferred would be of little use we being daily advertised from all parts of the great preparations of the Enemy ready to assail us We hold it necessary by these our Letters to give them our last and final admonition and to let them know that we shall account all further delays and excuses to be express denials And therefore we will and require you to signifie unto them that we do expect that they forthwith bring in their Bill of Subsidy to be passed without delay or Condition so as it may fully pass the House by the end of the next week at the furthest Which if they do not it will force us to take other resolutions But let them know if they finish this according to our desire that we are resolved to let them sit together for the dispatch of their other affairs so long as the season will permit and after their recess to bring them together again the next Winter And if by their denial or delay any thing of ill consequence shall fall out either at home or abroad We call God and man to witness that We have done our part to prevent it by calling our People together to advise with us by opening the weight of our occasions unto them and by requiring their timely help and assistance in these Actions wherein we stand engaged by their own Councels And we will and command you that this Letter be publickly read in the House About this time there happened at three a clock in the afternoon a terrible storm of Rain and Hail in and about the City of London and with it a very great Thunder and Lightening The graves were laid open in S. Andrews Church-yard in Holborn by the sudden fall of the Wall which brought away the Earth with it whereby many Coffins and the Corps therein were exposed to open view and the ruder sort would ordinarily lift up the lids of the Coffins to see the posture of the dead Corps lying therein who had been buried of the Plague but the year before At the same instant of time there was a terrible Storm and strange Spectacle upon Thames by the turbulencie of the waters and a Mist that arose out of the same which appeared in a round Circle of a good bigness above the waters The fierceness of the Storm bent it self towards York-House the then habitation of the Duke of Buckingham beating against the stairs and wall thereof And at last this round Circle thus elevated all this while above the water dispersed it self by degrees like the smoke issuing out of a Furnace and ascended higher and higher till it quite vanished away to the great admiration of the beholders This occasioned the more discourse among the Vulgar in that Doctor Lamb appeared then upon Thames to whose Art of Conjuring they attributed that which had happened The Parliament was then sitting and this Spectacle was seen by many of the Members out of the windows of the House The Commons agreed upon this ensuing Petition to his Majesty concerning Recusants To the Kings most Excellent Majesty YOur Majesties most obedient and loyal Subjects the Commons in this present Parliament assembled do with great comfort remember the many Testimonies which your Majesty hath given of your sincerity and zeal of the true Religion established in this Kingdom and in particular your gracious Answer to both Houses of Parliament at Oxford upon their Petition concerning the Causes and Remedies of the Increase of Popery That your Majesty thought fit and would give order to remove from all Places of Authority and Government all such persons as are either Popish Recusants or according to direction of former Acts of State justly to be suspected which was then presented as a great and principal cause of that mischief But not having received so full redress herein as may conduce to the peace of this Church and safety of this Regal State They hold it their duty once more to resort to your Sacred Majesty humbly to inform you that upon examination they find the persons underwritten to be either Recusants Papists or justly suspected according to the former Acts of State who now do or since the first sitting of the Parliament did remain in places of Government and Authority and Trust in your several Counties of this your Realm of England and Dominion of Wales The Right Honorable Francis Earl of Rutland Lieutenant of the County of Lincoln Rutland Northampton Nottingham and a Commissioner of the Peace and of Oyer and Terminer in the County of York and Justice of Oyer from Trent Northwards His Lordship is presented to be a Popish Recusant and to have affronted all the Commissioners of the Peace within the North-Riding of Yorkshire by sending a Licence under his Hand and Seal unto his Tenant Thomas Fisher dwelling in his Lordships Mannor of Helmsley in the said North-Riding of the said County of York to keep an Alehouse soon after he was by an Order made at the Quarter-Sessions discharged from keeping an Alehouse because he was a Popish convict Recusant and to have procured a Popish Schoolmaster namely Roger Conyers to teach Schollers within the said Mannor of Helmsley that formerly had his Licence to teach Schollers taken from him for teaching Schollers that were the children of Popish Recusants and because he suffered these children to absent themselves from the Church whilest they were his Schollers for which the said Conyers was formerly complained of
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
his Book and he will have you do this Archb. This is an occupation that my old Master King Iames did never put me to and yet I was then yong and had more abilities of body then now I have so that I see I must now learn a new lesson but leave it with me and when I have read it I shall know what to say unto it a day or two hence you shall understand my minde When I had once or twice perused it I found some words which seemed unto me to cross that which the King intended and in a sort to destroy it and therefore upon his return a day or two after I exprest my self thus Mr. Murrey I conceive that the King intendeth that this Sermon shall promote the service now in hand about the Loan of Money but in my opinion it much crosseth it for he layeth it down for a rule and because it should not be forgotten he repeateth it again That Christians are bound in duty one to another especially all Subjects to their Princes according to the Laws and Customs of the Kingdom wherein they live Out of this will men except this Loan because there is neither Law nor Custom for it in the Kingdom of England Secondly In my judgment there followeth a dangerous Speech Habemus necessitatem vindicandae libertatis For this was all that was then quoted out of Calvin no mention being made of any the other words which are now in the Printed Copy For when by the former Rule he hath set men at liberty whether they will pay or no he imposeth upon them a necessity to vindicate this Liberty and Vindicare may be extended to challenge with violence cum vi But for my part I would be most unwilling to give occasion to Sedition and Mutiny in the Kingdom Again here is mention made of Poll-Money which as I have heard hath already caused much distaste where the Sermon was Preached Moreover what a Speech is this That he observes the forwardness of the Papists to offer double according to an Act of Parliament so providing yea to profess that they would part with the half of their Goods where he quoteth in the Margent Anno 1 Caroli the Act for the Subsidy of the Layty whereby Popish Recusants were to pay double when indeed there is no such Act. And in the fifth place it is said in this Sermon that the Princes of Bohemia have power to depose their Kings as not being Hereditary which is a great question Such a one as hath cost much blood and must not in a word be absolutely defined here as if it were without controversie I pray you make his Majesty acquainted with these things and take the Book with you where it is to be noted That all this time we had but one single Copy which was some time at the Court and sometime left with me Murrey I will faithfully deliver these things to the King and then you shall hear further from me Some two or three days after he returneth again unto me and telleth me That he had particularly acquainted the King with my Objections and his Majesty made this Answer First For the Laws and Customs of the Kingdom he did not stand upon that he had a President for that which he did and thereon he would insist Archb. I think that to be a mistaking for I fear there will be found no such President King Henry the Eighth as the Chronicle sheweth desired but the Sixth paâ—t of mens estates Ten groats in the pound our King desireth the whole Six parts full out so much as men are set at in the Subsidy Book And in the time of King Henry although he were a powerful King yet for that Taxation there began against him little less then a Rebellion so that he held it wisdom to desist and laying the blame upon Cardinal Wolsey professed That he knew nothing of the matter Murrey Secondly The King saith for the words Habemus necessitatem vindicandae libertatis he taketh them to be for him and he will stand on his Liberty Thirdly For Poll-money he thinketh it lawful Fourthly It is true there was no such Act passed and therefore it must be amended and yet in the Printed Book it is suffered still to stand Such slight and I may say slovenly care was had by them that published this Sermon And fifthly For that of Bohemia he hath crossed it out of the Book Some other matters there were against which I took exception but Mr. Murrey being a yong Gentleman although witty and full of good behavior I doubted that being not deeply seen in Divinity he could not so well conceive me nor make report of my words to his Majesty And therefore I being lame and so disabled to wait on the King did move him That he would in my name humbly beseech his Majesty to send the Bishop of Bathe and Wells unto me and I would by his means make known my Scruples and so I dismissed Mr. Murrey observing with my self that the Answers to my Five Objections especially to two or three were somewhat strange As if the King were resolved were it to his good or to his harm to have the Book go forth After one or two days more the yong Gentleman cometh to me again and telleth me That the King did not think it fit to send the Bishop of Bathe unto me but he expecteth I should pass the Book In the mean time had gone over one High Commission day and this Bishop who used otherwise very few days to fail was not there which being joyned to his Majesties Message made me in some measure to smell that this whole business might have that Bishops hand in it especially I knowing in general the disposition of the man The mindes of those that were Actors for the publishing of the Book were not quiet at the Court that the thing was not dispatched and therefore one day the Duke said to the King Do you see how this business is deferred if more expedition be not used it will not be Printed before the end of the Term at which time it is fit that it be sent down into the Countreys So eager he was That either by my Credit his undertakings might be strengthned or at least I might be contemned and derided as an unworthy fellow This so quickned the King that the next Message which was sent by Mr. Murrey was in some degree minatory That if I did not dispatch it the King would take some other course with me When I found how far the Duke had prevailed I thought it my best way to set down in writing many Objections wherefore the Book was not fit to be published which I did modestly and sent them to the King The words were these which I culled out of the Written Sermon 1. Page 2. Those words deserve to be well weighed And whereas the Prince pleads not the Power of Prerogative 2. Page 8. The Kings duty is
some of the Bishops that were about London and some Divines and Civilians that by a good presence Causes might be handled for the reputation of the action and willed me therewithal to imitate therein the Lord Archbishop Whitgift who invited weekly some of the Judges to dinner the rather to allure them thither This advice proceeded from the Bishop of Durham that now is which was not ill if it came from a good intention I obeyed it singly and did that which was enjoyned But whereas in those times the Commissioners were but few since that time there hath been such an inundation of all sorts of men into that Company that without proportion both Lords Spiritual and Temporal Commissioners and not Commissioners resorted thither and divers of them brought so many of their men that it was truly a burthen to me I think it may by my Officers be justified upon Oath That since I was Archbishop the thing alone hath cost me out of my private estate One thousand pounds and a half and if I did say Two thousand pounds it were not much amiss besides all the trouble of my Servants who neither directly nor indirectly gained six pence thereby in a whole year but onely travel and pains for their Masters honor and of that they had enough My Houses being like a great Hostry every Thursday in the Term and for my expences no man giving me so much as thanks Now this being the true Case if the Church and Commonwealth be well provided for in the Administration of Justice and regard be had of the Publick can any discreet man think that the removing of me from this molestation is any true punishment upon me I being one that have framed my self to Reality and not to Opinion and growing more and more in years and consequently into weakness having before surfeited so long of worldly shews whereof nothing is truly gained temporally but vexation of spirit I have had enough of these things and do not dote upon them The world I hope hath found me more stayed and reserved in my Courses Nevertheless whatsoever was expedient for this was dispatched by me while I lived at Lambeth and Croyden albeit I went not out of door Yea but you were otherwise inutile not coming to the Star-chamber nor to the Council-Table My pain or weakness by the Gout must excuse me herein When I was younger and had my health I so diligently attended at the Star-chamber that for full seven years I was not one day wanting And for the Council-Table the same reason of my Indisposition may satisfie But there are many other things that do speak for me The greatest matters there handled were for Money or more Attempts of War For the one of these we of the Clergy had done our parts already the Clergy having put themselves into Paiments of Subsidy by an Act of Parliament not only for these two last years when the Temporalty lay in a sort dry but yet there are three years behind in which our Paiments run on with weight enough unto us And no man can justly doubt but my hand was in those Grants in a principal fashion And concerning the Provisions for War I must confess mine ignorance in the Feats thereof I knew not the grounds whereupon the Controversies were entred in general I thought that before Wars were begun there should be store of Treasure That it was not good to fall out with many great Princes at once That the turning of our Forces another way must needs be some diminution from the King of Denmark who was engaged by us into the Quarrel for the Palatinate and Germany and hazarded both his Person and Dominions in the prosecution of the Question These matters I thought upon as one that had sometimes been acquainted with Councils but I kept my thoughts unto my self Again I was never sent for to the Council-Table but I went saving one time when I was so ill that I might not stir abroad Moreover I was sure that there wanted no Councellors at the Board the Number being so much increased as it was Besides I had no great encouragement to thrust my crasie Body abroad since I saw what little esteem was made of me in those things which belonged to mine own Occupation With Bishopricks and Deanries or other Church-Places I was no more acquainted then if I had dwelt at Venice and understood of them but by some Gazette The Duke of Buckingham had the managing of these things as it was generally conceived For what was he not fit to determine in Church or Commonwealth in Court or Council in Peace or War at Land or at Sea at Home or in Foreign parts Montague had put out his Arminian Book I threee times complained of it but he was held up against me and by the Duke magnified as a well-deserving man Cosens put out his Treatise which they commonly call The Seven Sacraments which in the first Edition had many strange things in it as it seemeth I knew nothing of it but as it pleased my Lord of Durham and the Bishop of Bath So the World did read We were wont in the High-Commission to repress obstinate and busie Papists In the end of King Iames his time a Letter was brought me under the Hand and Signet of the King That we must not meddle with any such matter nor exact the Twelve-pence for the Sunday of those which came not to the Church with which Forfeit we never medled And this was told us to be in contemplation of a Marriage intended with the Lady Mary the Daughter of France After the death of King Iames such another Letter was brought from King Charls and all Execution against Papists was suspended But when the Term was at Reading by open divulgation in all Courts under the Great Seal of England We and all Magistrates are set at liberty to do as it was prescribed by Law And now our Pursuvants must have their Warrants again and take all the Priests they can whereof Mr. Cross took fourteen or fifteen in a very short space Not long after all these are set free and Letters come from the King under his Royal Signet That all Warrants must be taken from our Messengers because they spoiled the Catholicks and carried themselves unorderly unto them especially the Bishops Pursuvants Whereas we had in all but two Cross my Messenger for whom I did ever offer to be answerable and Thomlinson for whom my Lord of London I think would do as much But the Caterpillers indeed were the Pursuvants used by the Secretaries men of no value and shifters in the world who had been punished and turned away by us for great misdemeanors But truth of Religion and Gods service was wont to overrule humane Policies and not to be overruled And I am certain that things best prosper where those courses are held But be it what it may be I could not tell what to make of this variation of the Compass since
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
yet acknowledged that the seven Statutes urged by the House of Commons are in force yet said that some of them are in general words and therefore conclude nothing but are to be expounded by Precedents and some of them are applied to the suggestion of Subjects and not to the Kings command simply of its self and that per legem terrae in Magna Charta cannot be understood for process of Law and original Writs for that in Criminal proceedings no original Writ is usual at all but every Constable either for Felony or breach of the Peace or to prevent the breach of the Peace may commit without Process or original Writ it were very hard the King should not have the power of a Constable They also argued That the King was not bound to express the cause of Imprisonment because there may be in it matter of State not fit to be revealed for a time lest the confederates thereupon make means to escape the hands of Justice Besides that which the Commons do say that the party ought to be delivered or bailed is a contradiction in its self for bayling doth signifie a kinde of Imprisonment still Delivery is a total freeing And besides bayling is a grace or favor of a Court of Justice and they may refuse to do it To this it was replyed That the Statutes were direct in Point and though some of them speak of suggestions of the Subjects yet they are in equal reason a commitment by command of the King as when the King taketh notice of a thing himself And for the words per legem terrae original Writs onely are not intended but all other legal process which comprehendeth the whole proceedings of the Law upon Cause other then trial by Jury and the course of the Law is rendred by due process of the Law and no man ought to be imprisoned by special command without indictment or other due process to be made by the Law And whereas it is said there might be danger in revealing the Cause that may be avoided by declaring a general Cause as for Treason suspicion of Treason misprision of Treason Felony without expressing the particulars which can give no greater light to a confederate then will be conceived upon the very apprehension upon the imprisonment if nothing at all were expressed And as for the bayling of the party committed it hath ever been the discretion of the Judges to give so much respect to a commitment by the command of the King or the privy Councel which are ever intended to be done in just and weighty Cases that they will not presently set them free but bail them to answer what shall be objected against them on the Kings behalf but if any other inferior Officer do commit a man without shewing cause they do instantly deliver him as having no cause to expect their leasure so that Delivery is applyed to the imprisoned by command of some mean minister of Justice Bailing when it is done by command of the King or his Councel and though Bailing is a grace and favor of the Court in case of Felony and other crimes for that there is another way to discharge them in convenient time by their trial but where no cause of imprisonment is returned but the command of the King there is no way to deliver such persons by trial or otherwise but that of the Habeas Corpus and if they should be then remanded they might be perpetually imprisoned without any remedy at all and consequently a man that had committed no offence might be in a worse case then a greater offender for the latter should have an ordinary trial to discharge him the other should never be delivered MAster Selden of the Inner-Temple argued next first making this Introduction Your Lordships have heard from the Gentleman that last spake a great part of the grounds upon which the House of Commons upon mature deliberation proceeded to that clear resolution touching the right of liberty of their persons The many Acts of Parliament which are the written Laws of the Land and are expresly in the Point have bin read and opened and such Objections as have been by some made unto them and Objections also made out of another Act of Parliament have been cleared and answered It may seem now perhaps my Lords that little remains needful to be further added for the enforcement and maintenance of so fundamental and established a Right and Liberty belonging to every freeman of the Kingdom The House of Commons taking into consideration that in this question being of so high a nature that never any exceeded it in any Court of Justice whatsoever all the several ways of just examination of the Truth should be used have also most carefully informed themselves of all former Judgements or Precedents concerning this great Point either way and have been no less careful of the due preservation of his Majesties just Prerogative then of their own Rights The Precedents here are of two kinds either meerly matter of Record or else the former resolutions of the Judges after solemn debate in the Point This Point that concerns Precedents the House of Commons have commanded me to present to your Lordships which I shall as briefly as I may so I do it faithfully and perspicuously to that end my Lords before I come to the particulars of any of those Precedents I shall first remember to your Lordships that which will seem as a general key for the opening and true apprehension of all them of record without which key no man unless he be verst in the entries and course of the Kings Bench can possibly understand In all cases my Lords where any Right or Liberty belongs to the Subjects by any positive Law written or unwritten if there were not also a remedy by Law for enjoying or regaining of this Right or Liberty when it is violated or taken from him the positive Law were most vain and to no purpose and it were to no purpose for any man to have any right in any Land or other Inheritance if there were not a known remedy that is an Action or Writ by which in some Court of ordinary Justice he might recover it And in this case of Right of Liberty of Person if there were not a remedy in the Law for regaining it when it is restrained it were of no purpose to speak of Laws that ordain it should not be restrained The Writ of Habeas Corpus or Corpus cum causa is the highest remedy in Law for any man that is imprisoned and the onely remedy for him that is imprisoned by the special command of the King or the Lords of the pâ—ivy Councel without shewing cause of the commitment and if any mâ—n be so imprisoned by any such Command or otherwise whatsoever though England and desire by himself or any other in his behalf this Writ of Hab. Corp. for the purpose in the Court of Kings Bench that Writ is to be granted to him
absurd and unreasonable thing to send a Prisoner to a Roman Emperor and not to write along with him the Cause alledged against him send therefore no man a Prisoner without his causes along with him Hoc fac vives and that was the first reason a tuto that it was not safe for the King in regard of Loss to commit men without a Cause The second Reason is That such commitments will destroy the endeavors of all men Who will endeavor to imploy himself in any profession either of War Merchandise or of any liberal knowledge if he be but Tenant at will of his Liberty for no Tenant at will will support or improve any thing because he hath no certain estate Ergo to make men Tenants at will of their Liberties destroys all industry and endeavors whatsoever And so much for these six principal Reasons A re ipsa A minore ad majus A remediis From the extent and universality From the infiniteness of the time A fine Loss of Honor. Loss of Profit Loss of Security Loss of Industry These were his Reasons Here he made another Protestation That if remedy had been given in this Case they would not have medled therewith by no means but now that remedy being not obtained in the Kings Bench without looking back upon any thing that hath been done or omitted they desire some provision for the future onely And here he took occasion to adde four Book Cases and Authorities all in the Point saying That if the learned Councel on the other side could produce but one against the Liberties so pat and pertinent oh how they would hug and cull it 16. H. 6. tit monstrance de faits 82. by the whole Court the King in his Presence cannot command a man to be arrested but an action of false imprisonment lieth against him that arresteth if not the King in his royal Presence then none others can do it Non sic itur ad astra 1. Hen. 7.4 Hussey reports the opinion of Markham chief Justice to Edw. 4. that he could not imprison by word of mouth and the reason because the party hath no remedy for the Law leaves every man a remedy of causless imprisonment he added that Markham was a worthy Judge though he fell into adversities at last by the Lord Rivers his means Fortescue Chap. 8. Proprio ore nullus Regum usus est to imprison any man c. 4. Eliz. Times blessed and renowned for Justice and Religion in Pl. 235. the common Law hath so admeasured the Kings Prerogative as he cannot prejudice any man in his inheritance and the greatest inheritance a man hath is the liberty of his Person for all others are accessary to it for thus he quoted the Orator Major haereditas venit unicuique nostrum a Jure legibus quam a parentibus And these are the four Authorities he cited in this point Now he propounded and answered two Objections First in point of State Secondly in the Course held by the House of Commons May not the Privy Councel commit without cause shewed in no matter of State where secrecie is required would not this be an hinderance to his Majesties service It can be no prejudice to the King by reason of matter of State for the cause must be of a higher or lower nature if it be for suspicion of Treason misprision of Treason or Felony it may be by general words couched if it be for any other thing of smaller nature as contempt and the like the particular cause must be shewed and no individuum vagum or uncertain cause to be admitted Again if the Law be so clear as you make it why needs the Declaration and Remonstrance in Parliament The Subject hath in this Case sued for remedy in the Kings Bench by Habeas Corpus and found none therefore it is necessary to be cleared in Parliament And here ends his Discourse And then he made a recapitulation of all that had been offered unto their Lordships That generally their Lordships had been advised by the most faithful Counsellors that can be dead men these cannot be daunted by fear nor muzled by affection reward or hope of preferment and therefore their Lordships might safely believe them particularly their Lordships had three several kinds of Proofs 1. Acts of Parliament judicial Precedents good Reasons First you have had many ancient Acts of Parliament in the Point besides Magna Charta that is seven Acts of Parliament which indeed are thirty seven Magna Charta being confirmed thirty times for so often have the Kings of England given their royal Assents thereunto 2. Judicial Precedents of grave and reverend Judges in terminis terminantibus that long since departed the world and they were many in number Precedents being twelve and the Judges four of a Bench made four times twelve and that is forty eight Judges 3. You have as he tearmed them vividas rationes manifest and apparent Reasons Towards the conclusion he declared to their Lordships That they of the House of Commons have upon great study and serious Consideration made a great manifestation unanimously Nullo contradicente concerning this great liberty of the Subject and have vindicated and recovered the Body of this fundamental Liberty both of their Lordships and themselves from shadows which sometimes of the day are long sometimes short and sometimes long again and therefore we must not be guided by shadows and they have transmitted to their Lordships not capita rerum Heads or Briefs for these compendia are dispendia but the Records at large in terminis terminantibus and so he concluded that their Lordships are involved in the same danger and therefore ex congruo condigno they desired a Conference to the end their Lordships might make the like Declaration as they had done Commune periculum commune requirit auxilium and thereupon take such further course as may secure their Lordships and them and all their Posterity in enjoying of their ancient undoubted and fundamental Liberties The two next days were spent in the Debate about Billeting of Soldiers upon the Subject against Law THursday the 10. of April Mr. Secretary Cook delivered this Message from the King That his Majesty desireth this House not to make any recess these Easter Holidays that the world may take notice how earnest his Majesty and we are for the publique affairs in Christendom the which by such a recess would receive interruption THis Message for non-recess was not well pleasing to the House SIr Robert Phillips first resented it and took notice That in 12. and 18. Iac. upon the like intimation the House resolved it was in their power to adjourn or sit hereafter said he this may be put upon us by Princes of less Piety let a Committee consider hereof and of our right herein and to make a Declaration And accordingly this matter touching his Majesties pleasure about the recess was referred to a Committee and to consider
will overthrow all our Petition it trenches to all parts of it It flies at Loans and at the Oath and at Imprisonment and Billeting of Soldiers this turns all about again Look into all the Petitions of former times they never petitioned wherein there was a saving of the Kings Soveraignty I know that Prerogative is part of the Law but Soveraign Power is no Parliamentary word In my opinion it weakens Magna Charta and all our Statutes for they are absolute without any saving of Soveraign Power and shall we now adde it we shall weaken the Foundation of Law and then the building must needs fall take we heed what we yield unto Magna Charta is such a fellow that he will have no Soveraign I wonder this Soveraign was not in Magna Charta or in the Confirmations of it If we grant this by implication we give a Soveraign Power above all these Laws Power in Law is taken for a Power with force The Sheriff shall take the Power of the County what it means here God onely knows It is repugnant to our Petition that is a Petition of Right grounded on Acts of Parliament our Predecessors could never indure a Salvo jure suo no more then the Kings of old could indure for the Church Salvo honore Dei Ecclesiae We must not admit of it and to qualifie it is impossible Let us hold our Priviledges according to the Law that Power that is above this it is not fit for the King and people to have it disputed further I had rather for my part have the Prerogative acted and I my self to lie under it then to have it disputed IF we do admit of this Addition we shall leave the Subject worse then we found him and we shall have little thanks for our labor when we come home let us leave all power to his Majesty to punish Malefactors but these Laws are not acquainted with Soveraign Power we desire no new thing nor do we offer to trench on his Majesties Prerogative we may not recede from this Petition either in part or in whole TO adde a Saving is not safe doubtful words may beget an ill construction and the words are not onely doubtful words but words unknown to us and never used in any Act or Petition before LEt us not go too hastily to the question said Mr. Selden If there be any Objections let any propound them and let others answer them as they think good If it hath no reference to our Petition what doth it here I am sure all others will say it hath reference and so must we how far it doth exceed all examples of former times no man can shew me the like I have made that search that fully satisfies me and I finde not another besides 28 of Eliz. We have a great many Petitions and Bills of Parliament in all ages in all which we are sure no such thing is added That Clause of the 28 of Edw. 1. it was not in the Petition but in the Kings Answer In Magna Charta there were no such Clauses the Articles themselves are to be seen in a Library at Lambeth in a Book of that time upon which the Law was made There was none in the Articles in King Iohns time for these I have seen there is no Saving In the Statutes of Confirmatio Chartarum is a Saving les auncients Aids that is for file maryer pur faire fitz Chivalier and for ransom and in the Articles of King Iohn in the Original Charter which I can shew there those three Aids were named therein and they were all known In the 25. of Edw. 3. there is a Petition against Loans there is no Saving and so in others As for that Addition in the 28. of Edw. 1. do but observe the Petitions after Magna Charta as 5 Edw. 3. they put up a Petition whereas in Magna Charta it is contained That none be imprisoned but by due process of Law those words are not in Magna Charta and yet there is no Saving and so in the 28. of Edw. 3. 36. 37. 42. of Edw. 3. all which pass by Petition and yet there is no Saving in them And there are in them other words then are in Magna Charta and yet no Saving For that that Mr. Speaker said The King was our heart and ever shall be but we then speak of the Kings Prerogative by it self and we are bound to say so But speaking of our Rights shall we say we are not to be imprisoned Saving by the Kings Soveraign Power Say my Lands without any Title be seised in the Kings hand and I bring a Petition of Right and I go to the King and say I do by no means seek your Majesties Right and Title and after that I bring a Petition or Monstrance de droit setting forth my own Right and Title and withal set down a Saving that I leave intire his Majesties Right it would be improper It was objected That in the 28. of Edw. 1. in the end of Articuli super Chartas which was a confirmation of Magna Charta and Charta de foresta in the end there is a Clause Savant le droit Segniory the words are extant in that Roll that is now extant but the original Roll is not extant In the 25th E. 3. there was a confirmation of the Charter in 27 E. 3. The Parliament was called and much stir there was about the Charter and renewing the Articles but then little was done In 28 E. 1. the Commons by Petition or Bill did obtain the Liberties and Articles at the end of the Parliament they were extracted out of the Roll and Proclaimed abroad the addition was added in the Proclamation in the Bill there was no savant but afterwards it was put in And to prove this it is true there is no Parliament Roll of that year yet we have Histories of that time In the Library at Oxford there is a Journal of a Parliament of that very year which mentions so much also in the publique Library at Cambridge there is a Manuscript that belonged to an Abby it was of the same year 28 E. 1. and it mentions the Parliament and the Petitions and Articulos quos petierunt sic confirmaverit Rex ut in fine adderet Salvo jure Coronae regis and they came by Proclamation in London when the people heard this clause added in the end they fell into execration for that addition and the great Earls that went away satisfied from the Parliament hearing of this went to the King and after it was cleared at the next Parliament Now there is no Parliament Roll of this of that time onely in one Roll in the end of E. 3. there is a Roll that recites it The Lords afterwards at a Conference tendred Reasons to fortifie their addition which were briefly reported That the Lord Keeper said THat the Lords were all agreed to defend and maintain the just
Liberties of the Subject and of the Crown and that the word Leave was debated amongst them and thereby they meant to give no new but what was before for the words Soveraign Power as he is a King he is a Soveraign and must have Power and he said the words were easier then the Prerogative As for the word that which is a relative and referred to that Power that is for the safety of the People and this said he can never grieve any man being thus published it is not Soveraign Power in general but now in confutation of our Reasons he saith Magna Charta was not with a Saving but said he You pursue not the words in Magna Charta and therefore it needs an addition As for the 28 of E. 3. he said there was a Saving and an ill exposition cannot be made of this and both Houses have agreed it in substance already the Commons did it in a Speech delivered by our Speaker and that we said we have not a thought to incroach on the Kings Soveraignty and why may ye not add it in your Petition Upon this Report Mr. Mason readily spake his opinion in maner following IN our Petition of Right to the Kings Majesty we mentioned the Laws and Statutes by which it appeared That no Tax Loan or the like ought to be Levied by the King but by common assent in Parliament That no Freeman ought to be imprisoned but by the Law of the Land That no Freeman ought to be compelled to suffer soldiers in his house In the Petition we have expressed the breach of these Laws and desire we may not suffer the like all which we pray as our Rights and Liberties The Lords have proposed an addition to this Petition in these words We humbly present this Petition to your Majesty not onely with a care of our own Liberties but with a due regard to leave intire that Soveraign Power wherewith your Majesty is intrusted for the Protection Safety and Happiness of your People And whether we shall consent unto this addition is the subject of this days discourse and because my Lord Keeper at the conference declared their Lordships had taken the words of the Petition apart I shall do so too The word Leave in a Petition is of the same nature as Saving in a Grant or Act of Parliament when a man grants but part of a thing he saves the rest when he petitions to be restored but to part he leaveth the rest Then in the end of our Petition the word Leave will imply that something is to be left of that or at least with a reference to what we desire The word Intire is very considerable a Conqueror is bound by no Law but hath power dare Leges his Will is a Law and although William the Conqueror at first to make his way to the Crown of England the more easie and the possession of it more sure claimed it by Title but afterward when there were no powerful pretenders to the Crown the title of Conquest to introduce that absolute Power of a Conqueror was claimed and that Statute of Magna Charta and other Statutes mentioned in our Petition do principally limit that Power I hope it is as lawful for me to cite a Jesuit as it is for Doctor Manwaring to falsifie him Suares in his first Book de Legibus Cap. 17. delivered his opinion in these words Amplitudo restrictio potestatis Regum circa ea quae per se mala vel injusta non sunt pendet ex arbitrio hominum ex ambigua conventione vel pacto inter reges regnum And he further expresseth his opinion that the King of Spain was so absolute a Monarch that he might impose Tribute without consent of his people until about Two hundred years since when it was concluded between him and his people that without consent of his people by Proxies he should not impose any Tribute And Suares opinion is That by that agreement the Kings of Spain are bound to impose no Tribute without consent And this Agreement that Author calls a restraining of that Soveraign Power the Statutes then mentioned in our Petition restraining that absolute Power of Conqueror if we recite those Statutes and say we leave the Soveraign Power intire we do take away that restraint which is the vertue and strength of those Statutes and set at liberty the claim of the Soveraign Power of a Conqueror which is to be limited and restrained by no Laws This may be the danger of the word Intire The next word delivered by the Lords as observeable is the particle That because it was said That all Soveraign Power is not mentioned to be left but onely that with which the King is trusted for our Protection Safety and Happiness But I conceive this to be an exception of all Soveraign Power for all Soveraign Power in a King is for the Protection Safety and Happiness of his People If all Soveraign Power be excepted you may easily judge the consequence all Loans and Taxes being imposed by colour of that Soveraign Power The next word is Trusted which is very ambiguous whether it be meant trusted by God onely as a Conqueror or by the people also as King which are to govern also according to Laws ex pacto In this point I will not presume to adventure further onely I like it not by reason of the doubtful Exposition it admits I have likewise considered the Proposition it self and therein I have fallen upon the Dilemma that this addition shall be construed either to refer unto the Petition or not if it do refer unto the Petition it is meerly useless and unnecessary and unbefitting the judgement of this grave and great Assembly to add to a Petition of this weight If it hath reference unto it then it destroys not onely the virtue and strength of our Petition of Right but our Rights themselves for the addition being referred to each part of the Petition will necessarily receive this construction That none ought to be compelled to make any Gift Loan or such like charge without common consent or Act of Parliament unless it be by the Soveraign Power with which the King is trusted for the Protection Safety and Happiness of his People That none ought to be compelled to sojourn or billet Soldiers unless by the same Soveraign Power and so of the rest of the Rights contained in the Petition And then the most favorable construction will be that the King hath an ordinary Prerogative and by that he cannot impose Taxes or Imprison that is he cannot impose Taxes at his will to imploy them as he pleaseth but that he hath an extraordinary and transcendent Soveraign Power for the protection and happiness of his people and for such purpose he may impose Taxes or billet Soldiers as he pleaseth and we may assure our selves that hereafter all Loans Taxes and Billeting of Soldiers will be said to be for the Protection Safety and Happiness
of the People Certainly hereafter it will be conceived that an House of Parliament would not have made an unnecessary addition to this Petition of Right and therefore it will be resolved that the Addition hath relation to the Petition which will have such operation as I have formerly declared and I the rather fear it because the late Loan and Billeting have been declared to have been by Soveraign Power for the good of our selves and if it be doubtful whether this Proposition hath reference to the Petition or not I know not who shall judge whether Loans or Imprisonments hereafter be by that Soveraign Power or not A Parliament which is made a Body of several Writs and may be dissolved by one Commission cannot be certain to decide this question We cannot resolve that that the Judges shall determine the words of the Kings Letter read in this House expressing the cause of Commitment may be such that the Judges have not capacity of Judicature no Rules of Law to direct and guide their judgements in Cases of that transcendent nature the Judges then and the Judgements are easily conjectured it hath been confessed by the Kings Councel that the Statute of Magna Charta bindes the King it bindes his Soveraign Power and here is an Addition of Saving the Kings Soveraign Power I shall endeavor to give some Answer to the Reasons given by the Lords The first is That it is the intention of both Houses to maintain the Just Liberty of the Subject and not to diminish the just Power of the King and therefore the expression of that intention in this Petition cannot prejudice us To which I answer First That our intention was and is as we then professed and no man can assign any particular in which we have done to the contrary neither have we any way transgressed in that kinde in this Petition and if we make this addition to the Petition it would give some intimation that we have given cause or colour of offence therein which we deny and which if any man conceive so let him assign the particular that we may give answer thereunto By our Petition we onely desire our particular Rights and Liberties to be confirmed to us and therefore it is not proper for us in it to mention Soveraign Power in general being altogether impertinent to the matter in the Petition There is a great difference between the words of the Addition and the words proposed therein for reason viz. between just Power which may be conceived to be limited by Laws and Soveraign Power which is supposed to be transcendent and boundless The second Reason delivered by their Lordships was That the King is Soveraign That as he is Soveraign he hath power and that that Soveraign Power is to be left for my part I would leave it so as not to mention it but if it should be expressed to be left in this Petition as it is proposed it must admit something to be left in the King of what we pray or at least admit some Sovergain Power in his Majesty in these Priviledges which we claim to be our Right which would frustrate our Petition and destroy our Right as I have formerly shewed The third Reason given from this Addition was That in the Statute of Articuli super Chartas there is a Saving of the Seigniory of the Crown To which I give these Answers That Magna Charta was confirmed above thirty times and a general Saving was in none of these Acts of Confirmation but in this onely and I see no cause we should follow one ill and not thirty good Precedents and the rather because that Saving produced ill effects that are well known That Saving was by Act of Parliament the conclusion of which Act is that in all those Cases the King did well and all those that were at the making of that Ordinance did intend that the right and Seigniory of the Crown should be saved By which it appears that the saving was not in the Petition of the Commons but added by the King for in the Petition the Kings will is not expressed In that Act the King did grant and depart with to his People divers Rights belonging to his Prerogative as in the first Chapter he granted That the People might choose three men which might have Power to hear and determine Complaints made against those that offended in any point of Magna Charta though they were the Kings Officers and to Fine and Ransome them and in the 8.12 and 19. Chapter of that Statute the King departed with other Prerogatives and therefore there might be some reason of the adding of that Soveraign by the Kings Councel But in this Petition we desire nothing of the Kings Prerogative but pray the enjoying of our proper and undoubted Rights and Priviledges and therefore there is no cause to adde any words which may imply a Saving of that which concerns not the matter in the Petition The fourth Reason given by their Lordships was That by the mouth of our Speaker we have this Parliament declared That it was far from our intention to incroach upon his Majesties Prerogative and that therefore it could not prejudice us to mention the same resolution in an Addition to this Petition To which I Answer That that Declaration was a general Answer to a Message from his Majesty to us by which his Majesty expressed That he would not have his Prerogative straitned by any new Explanation of Magna Charta or the rest of the Statutes and therefore that expression of our Speakers was then proper to make it have reference to this Petition there being nothing therein contained but particular Rights of the Subject and nothing at all concerning his Majesties Prerogative Secondly That Answer was to give his Majesty satisfaction of all our proceedings in general and no man can assign any particular in which we have broken it and this Petition justifies it self that in it we have not offended against the Protestation and I know no reason but that this Declaration should be added to all our Laws we shall agree on this Parliament as well as to this Petition The last Reason given was That we have varied in our Petition from the words of Magna Charta and therefore it was well necessary that a Saving should be added to the Petition I Answer That in the Statute 5 E. 3.25 E. 3.28 E. 3. and other Statutes with which Magna Charta is confirmed the words of the Statute of Explanation differ from the words of Magna Charta it self the words of some of the Statutes of Explanation being that no man ought to be apprehended unless by Indictment or due process of Law and the other Statutes differing from the words of Magna Charta in many other particulars and yet there is no Saving in those Statutes 〈◊〉 much less should there be any in a Petition of Right There are the Answers I have conceived to the Reasons of their Lordships and the
Exposition I apprehend must be made of the proposed words being added to our Petition And therefore I conclude that in my opinion we may not consent to this Addition which I submit to better Judgements The Commons afterwards appointed Mr. Glanvile and Sir Henry Martin to manage another Conference to be had with the Lords concerning the said matter and to clear the Sense of the Commons in that point the one argued the Legal the other the Rational part and though the matter delivered by the length of it may seem tedious to the Reader and some matters spoken of before repeated again yet if the Reader observe the Language and Stile as well as the subject Matter perhaps it will be no penance unto him Mr. Glanviles Speech in a full Committee of both Houses of Parliament 23. May 1628. in the Painted Chamber at Westminster MY Lords I have in charge from the Commons House of Parliament whereof I am a Member to express this day before your Lordships some part of their clear sense touching one point that hath occurred in the great Debate which hath so long depended in both Houses I shall not need many words to induce or state the question which I am to handle in this free Conference The subject matter of our meeting is well known to your Lordships I will therefore onely look so far back upon it and so far recollect summarily the proceedings it hath had as may be requisite to present clearly to your Lordships considerations the nature and consequence of that particular wherein I must insist Your Lords may be pleased to remember how that the Commons in this Parliament have framed a Petition to be presented to his Majesty a Petition of Right rightly composed relating nothing but truth desiring nothing but Justice a Petition justly occasioned a Petition necessary and fit for these times a Petition founded upon solid and substantial grounds the Laws and Statutes of this Realm sure Rocks to build upon a Petition bounded within due limits and directed upon right ends to vindicate some lawful and just Liberties of the free Subjects of this Kingdom from the prejudice of violations past and to secure them from future innovations And because my following discourse must reflect chiefly if not wholly upon the matter of this Petition I shall here crave leave shortly to open to your Lordships the distinct parts whereof it doth consist and those are four The first concerns Levies of Moneys by way of Loans or otherwise for his Majesties supply Declaring that no man ought and praying that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament 3. The second is concerning that Liberty of Person which rightfully belongs to the Free Subjects of this Realm expressing it to be against the 〈◊〉 of the Laws and Statutes of the Land that any Freeman should be imprisoned without cause shewed and then reciting how this Liberty amongst others hath lately been infringed it concludeth with a just and necessary desire for the better clearing and allowance of this priviledge for the future 3. The third declareth the unlawfulness of billeting or placing Soldiers or Mariners to sojourn in Free Subjects houses against their wills and prayeth remedy against that grievance 4. The fourth and last aimeth at redress touching Commissions to proceed to the Tryal and Condemnation of Offenders and causing them to be executed and put to death by the Law Marshal in times and places when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by none other ought to be adjudged and executed This Petition the careful House of Commons not willing to omit any thing pertaining to their duties or that might advance their moderate and just ends did heretofore offer up unto your Lordships consideration accompanied with an humble desire That in your Nobleness and Justice you would be pleased to joyn with them in presenting it to his Majesty that so coming from the whole Body of the Realm the Peers and People to him that is the Head of both our Gracious Soveraign who must crown the Work or else all our labour is in vain it might by your Lordships concurrence and assistance finde the more easie passage and obtain the better answer Your Lordships as your maner is in cases of so great importance were pleased to debate and weigh it well and thereupon you propounded to us some few amendments as you termed them by way of alteration alledging that they were onely in matters of form and not of substance and that they were intended to none other end but to sweeten the Petition and make it the more passable with his Majesty In this the House of Commons cannot but observe that fair and good respect which your Lordships have used in your proceedings with them by your concluding or Voting nothing in your House until you had imparted it unto them whereby our meetings about this business have been justly stiled Free Conferences either party repairing hither disingaged to hear and weigh the others Reasons and both Houses coming with a full intention upon due consideration of all that can be said on either side to joyn at last in resolving and acting that which shall be found most just and necessary for the honor and safety of his Majesty and the whole Kingdom And touching those propounded alterations which were not many your Lordships cannot but remember that the House of Commons have yielded to an accommodation or change of their Petition in two particulars whereby they hope your Lordships have observed as well as ye may they have not been affected unto words or phrases nor over-much abounding in their own sense but rather willing to comply with your Lordships in all indifferent things For the rest of your proposed amendments if we do not misconceive your Lordships as we are confident we do not your Lordships of your selves have been pleased to relinquish them with a new overture for one onely Clause to be added in the end or foot of the Petition whereby the work of this day is reduced to one simple head whether that Clause shall be received or not This yielding of the Commons in part unto your Lordships of other points by you somewhat insisted upon giveth us great assurance that our ends are one and putteth us in hope that in conclusion we shall concur and proceed unanimously to seek the same ends by the same means The clause propounded by your Lordships to be added to the Petition is this WE humbly present this Petition to your Majesty not onely with a care for preservation of our Liberties but with a due regard to leave intire that Soveraign Power wherewith your Majesty is trusted for the Protection Safety and Happiness of your People A clause specious in shew and smooth in words but in effect and consequence most
dangerous as I hope to make most evident however coming from your Lordships the House of Commons took it into their considerations as became them and apprehending upon the first Debate that it threatned ruine to the whole Petition they did heretofore deliver some Reasons to your Lordships for which they then desired to be spared from admitting it To these Reasons your Lordships offered some Answers at the last meeting which having been faithfully reported to our House and there debated as was requisite for a business of such weight and importance I must say truly to your Lordships yet with due reverence to your opinions the Commons are not satisfied with your Arguments and therefore they have commanded me to recollect your Lordships Reasons for this Clause and in a fair Reply to let you see the causes why they differ from you in opinion But before I come to handle the particulars wherein we dissent from your Lordships I will in the first place take notice yet a little further of that general wherein we all concur which is That we desire not neither do your Lordships to augment or dilate the Liberties and Priviledges of the Subjects beyond the just and due Bounds nor to incroach upon the Limits of his Majesties Prerogative Royal and as in this your Lordships at the last meeting expressed clearly your own senses so were your Lordships not mistaken in collecting the concurrent sense and meaning of the House of Commons they often have protested they do and ever must protest that these have been and shall be the Bounds of their desires to demand and seek nothing but that which may be fit for dutiful and loyal Subjects to ask and for a gracious and just King to grant for as they claim by Laws some Liberties for themselves so do they acknowledge a Prerogative a high and just Prerogative belonging to the King which they intend not to diminish And now my Lords being assured not by strained inferences or obscure collections but by the express and clear Declarations of both Houses that our ends are the same it were a miserable unhappiness if we should fail in finding out the means to accomplish our desires My Lords the Heads of those particular Reasons which you insisted upon the last day where onely these 1. First you told us that the word Leave was of such nature that it could give no new thing to his Majesty 2. That no just exception could be taken to the words Soveraign Power for that as his Majesty is a King so he is a Soveraign and as he is a Soveraign so he hath Power 3. That the Soveraign Power mentioned in this Clause is not absolute or indefinite but limited and regulated by the particle That and the word Subsequent which restrains it to be applied onely for Protection Safety and Happiness of the People whereby ye inferred there could be no danger in the allowance of such power 4. That this Clause contained no more in substance but the like expressions of our meanings in this Petition which we had formerly signified unto his Majesty by the mouth of Mr. Speaker that we no way intended to incroach upon his Majesties Soveraign Power or Prerogative 5. That in our Petition we have used other words and of larger extent touching our Liberties then are contained in the Statutes whereon it is grounded In respect of which inlargement it was fit to have some express or implied Saving or Narrative Declaratory for the Kings Soveraign Power of which Narrative ye alledge this Clause to be 6. Lastly whereas the Commons as a main Argument against the Clause had much insisted upon this that is was unprecedented and unparliamentary in a Petition from the Subjects to insert a Saving for the Crown your Lordships brought for instance to the contrary the two Statutes of the 25 E. 1. commonly called Confirmatio Chartarum and 28 E. 1. known by this name of Articuli super Chartas in both which Statutes there are Saving for the Kings Having thus reduced to your Lordships memories the effects of your own reasons I will now with your Lordships favor come to the points of our Reply wherein I most humbly beseech your Lordships to weigh the Reasons which I shall present not as the sense of my self the weakest Member of our House but as the genuine and true sense of the whole House of Commons conceived in a business there debated with the greatest gravity and solemnity with the greatest concurrence of opinions and unanimity that ever was in any business maturely agitated in that House I shall not peradventure follow the Method of your Lordships recollected Reasons in my answering to them nor labor to urge many reasons It is the desire of the Commons that the weight of their Arguments should recompense if need be the smalness of their number And in conclusion when you have heard me through I hope your Lordships shall be enabled to collect clearly out of the frame of what I shall deliver that in some part or other of my discourse there is a full and satisfactory answer given to every particular reason or objection of your Lordships The Reasons that are now appointed to be presented to your Lordships are of two kinds Legal and Rational of which these of the former sort are allotted to my charge and the first of them is thus The Clause now under question if it be added to the Petition then either it must refer or relate unto it or else not if it have no such reference is it not clear that it is needless and superfluous and if it have such reference is it not clear that then it must needs have an operation upon the whole Petition and upon all the parts of it We cannot think that your Lordships would offer us a vain thing and therefore taking it for granted that if it be added it would refer to the Petition let me beseech your Lordships to observe with me and with the House of Commons what alteration and qualification of the same it will introduce The Petition of it self simply and without this Clause declareth absolutely the Rights and Priviledges of the Subject in divers points and amongst the rest touching the Levies of monies by way of Loans or otherwise for his Majesties supply That such Loans and other charges of the like nature by the Laws and Statutes of this Land ought not to be made or laid without common consent by Act of Parliament But admit this Clause to be annexed with reference to the Petition and it must necessarily conclude and have this Exposition That Loans and the like Charges true it is ordinarily are against the Laws and Statutes of the Realm unless they be warranted by Soveraign Power and that they cannot be commanded or raised without assent of Parliament unless it be by Soveraign Power what were this but to admit a Soveraign Power in the King above the Laws and Statutes of the Kingdome Another part of this Petition is
That the free Subjects of this Realm ought not to be imprisoned without cause shewed But by this Clause a Soveraign Power will be admitted and left intire to his Majesty sufficient to control the force of Law and to bring in this new and dangerous Interpretation That the free Subjects of this Realm ought not by Law to be imprisoned without cause shewed unless it be by Soveraign Power In a word this Clause if it should be admitted would take away the effect of every part of the Petition and become destructive to the whole for thence will be the Exposition touching the Billeting of Soldiers and Mariners in free mens houses against their wills and thence will be the Exposition touching the Times and Places for execution of the Law Marshal contrary to the Laws and Statutes of the Realm The scope of this Petition as I have before observed is not to amend our Case but to restore us to the same state we were in before whereas if this Clause be received in stead of mending the condition of the poor Subjects whose Liberties of late have been miserably violated by some Ministers we shall leave them worse then we found them in stead of curing their wounds we shall make them deeper We have set bounds to our desires in this great Business whereof one is not to diminish the Prerogative of the King by mounting too high and if we bound our selves on the other side with this limit not to abridge the lawful Priviledges of the Subject by descending beneath that which is meet no man we hope can blame us My Lords as there is mention made in the additional Clause of Soveraign Power so is there likewise of a trust reposed in his Majesty touching the use of Soveraign Power The word Trust is of great Latitude and large extent and therefore ought to be well and warily applied and restrained especially in the Case of a King There is a trust inseparably reposed in the Persons of the Kings of England but that trust is regulated by Law for example when Statutes are made to prohibite things not mala in se but onely mala quia prohibita under certain forfeitures and penalties to accrue to the King and to the Informers that shall sue for the breach of them The Commons must and ever will acknowledge a Regal and Soveraign Prerogative in the King touching such Statutes that it is in his Majesties absolute and undoubted Power to grant Dispensations to particular persons with the Clauses of Non obstante to do as they might have done before those Statutes wherein his Majesty conferring grace and favour upon some doth not do wrong to others but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded by those Statutes the Subject hath no interest in the penalties which are all the fruit such Statutes can produce until by Suit or Information commenced he become intituled to the particular forfeitures whereas the Laws and Statutes mentioned in our Petition are of another nature there shall your Lordships finde us to rely upon the good old Statute called Magna Charta which declareth and confirmeth the ancicient Common Laws of the Liberties of England There shall your Lordships also finde us also to insist upon divers other most material Statutes made in the time of King E. 4. and E. 3. and other famous Kings for explanation and ratification of the Lawful Rights and Priviledges belonging to the Subjects of this Realm Laws not inflicting Penalties upon Offenders in malis prohibitis but Laws declarative or positive conferring or confirming ipso facto an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm as their Birthrights and Inheritance descendable to their Heirs and Posterity Statutes incorporate into the Body of the Common Law over which with reverence be it spoken there is no Trust reposed in the Kings Soveraign Power or Prerogative Royal to enable him to dispense with them or to take from his Subjects that Birthright or Inheritance which they have in their Liberties by vertue of the Common Law and of these Statutes But if this Clause be added to our Petition we shall then make a dangerous overture to confound this good destination touching what Statutes the King is trusted to controll by dispensations and what not and shall give an intimation to posterity as if it were the opinion both of the Lords and Commons assembled in this Parliament that there is a Trust reposed in the King to lay aside by his Soveraign Power in some amergent cases as well of the Common Law and such Statutes as declare or ratifie the Subjects Liberty or confer Interest upon their persons as those other Penal Statutes of such nature as I have mentioned before which as we can by no means admit so we believe assuredly that it is far from the desire of our most Gracious Soveraign to affect so vast a Trust which being transmitted to a Successor of a different temper might enable him to alter the whole frame and fabrick of the Commonwealth and to dissolve that Government whereby his Kingdom hath flourished for so many years and ages under his Majesties most Royal Ancestors and predecessors Our next Reason is That we hold it contrary to all course of Parliament and absolutely repugnant to the very nature of a Petition of Right consisting of particulars as ours doth to clog it with a general Saving or Declaration to the weakning of the Right demanded and we are bold to renew with some confidence our Allegation that there can be no Precedent shewed of any such Clause in any such Petitions in times past I shall insist the longer upon this particular and labour the more carefully to clear it because your Lordships were pleased the last day to urge against us the Statutes of 25 and 28 of E. 1. as arguments to prove the contrary and seemed not to be satisfied with that which in this point we had affirmed True it is that in those Statutes there are such Savings as your Lordships have observed but I shall offer you a clear Answer to them and to all other Savings of like nature that can be found in any Statutes whatsoever First in the general and then I shall apply particular Answers to the particulars of those two Statutes whereby it will be most evident that those examples can no ways sute with the matter now in hand To this end it will be necessary that we consider duely what that question is which indeed concerneth a Petition and not an Act of Parliament This being well observed by shewing unto your Lordships the difference between a Petition for the Law and the Law ordained upon such a Petition and opening truly and perspicuously the course that was holden in framing of Statutes before 2 H. 5. different from that which ever since then hath been used and is still in use amongst us and by noting the times wherein these Statutes
it is declared and enacted That no man shall be forejudged of life or limb against the form of the great Charter and the Law of the Land And by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no offender of what kinde soever is exempted from the proceedings to be used and punishments to be inflicted by the Laws and Statutes of this your Realm Nevertheless of late divers Commissions under your Majesties great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Iustice of Martial Law against such Soldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanor whatsoever and by such summary Course and Order as is agreeable to Martial Law and is used in Armies in time of War to proceed to the tryal and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been adjudged and executed And also sundry grievous offenders by colour thereof claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Iustice have unjustly refused or forborn to proceed against such offenders according to the same Laws and Statutes upon pretence that the said offenders were punishable onely by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty That no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or he confined or otherwise molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such maner as is before mentioned be imprisoned or detained And that your Majesty will be pleased to remove the said Soldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoked and annulled and that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchise of the Land All which they most humbly pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Majesty would also vouchsafe to declare That the awards doings and proceedings to the prejudice of your People in any of the Premises shall not be drawn hereafter into Consequence or Example And that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honor of your Majesty and the prosperity of this Kingdom Which Petition being read the 2 of June 2628. The Kings Answer was thus delivered unto it The King willeth that Right be done according to the Laws and Customs of the Realm And that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative On Tuesday June 3. the King's Answer was read in the House of Commons and seemed too scant in regard of so much expence of time and labour as had been imployed in contriving the petition Whereupon Sir Iohn Elliot stood up and made a long Speech wherein he gave forth so full and lively representation of all Grievances both general and particular as if they had never before been mentioned HE reduced the Cause of all our evils to Five heads Our insincerity and doubling in Religion which he exemplified by the freedome and increase of Papists by the composition with them in the North the slightness of those payments and the easiness in them by the hopes presumptions and reports of all the Papists generally by the disposition of Commanders the trust of Officers the confidence of secrecies of employments in this Kingdom in Ireland and elsewhere 2. Our want of Councel which sacrificed our honour and our men sent to the Palatinate stopping those greater supplies appointed for that Service by which it might have been made defensible this gave direction to that late expedition to Ree whose wounds are yet bleeding by means whereof the Protestants of France and their King by a necessary consequence are divided and that Countrey so prepared against us that we have nothing to promise our neighbours hardly for our selves insomuch as by the issue and success it may rather be thought a conception of Spain then begotten here by us 3. The insufficiency and unfaithfulness of our Generals Witness first the expedition to Cales where we arrived and found a Conquest ready viz. the Spanish ships fit for the satisfaction of a voyageâ— either in point of honour or in point of profit why was it neglected why was it not atchieved it being granted on all hands feasible when the whole Army landed why was there nothing attempted if nothing were intended wherefore did they land if there were a service why were they shipt again Witness secondly that to Ree where the whole action was carried against the judgement and opinion of the Officers viz. those that were of the Councel was not the first was not the last was not all at land in the intrenching in the continuance there in the assault in the retreat without their assent to say nothing of leaving the Wines and the Salt which were in our possession and of a value as they say to answer much of our expence nor of that wonder which no Alexander or Caesar ever did know the enriching of an enemy by curtesies when the Souldiers want help nor of the private entercourses and parlies with the Fort which continually were held what they intended may be
Bill shew and declare against Roger Manwaring Clerk Dr. in Divinity That whereas by the Laws and Statutes of this Realm the free Subiects of England do undoubtedly inherit this Right and Liberty not to be compelled to contribute any Tax Tollage Aid or to make any Loans not set or imposed by common consent by Act of Parliament And divers of his Majesties loving Subjects relying upon the said Laws and Customes did in all humility refuse to lend such sums of Moneys without Authority of Parliament as were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrarâ— to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is to say the fourth day of July last one of the said Sermons and upon the 29. day of the same Moneth the other of the said Sermons both which Sermons he hath since published in print in a Book intituled Religion and Allegiance and with a wicked and malitious intention to seduce and misguide the Conscience of the Kings most excellent Majesty touching the observation of the Laws and Customes of this Kingdom and of the Rights and Liberties of the Subjects to incense his Royal displeasure against his good Subjects so refusing to scandalize subvert and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to alienate his Royal heart from his People and to cause jealousies sedition and division in the Kingdom He the said Roger Manwaring doth in the said Sermons and Book perswade the Kings most excellent Majesty First that his Majesty is not bound to keep and observe the good Laws and Customes of this Realm concerning the Rights and Liberties of the Subjects aforementioned And that his Royal Will and Command in imposing Loans Taxes and other Aids upon his people without common consent in Parliament doth so far binde the Consciences of the Subjects of this Kingdom that they cannot refuse the same without peril of eternal damnation Secondly that those of his Majesties loving Subjects which refused the Loan aforementioned in such manner as is before recited did therein offend against the Law of God against his Majesties Supreme Authority and by so doing became guilty of Impiety Dissoialty Rebellion and Disobedience and liable to many other Taxes and Censures which he in the several parts of his Book doth most falsly and malitiously lay upon them Thirdly that authority of Parliaments is not necessary for the raising of Aids and Subsidies that the slow proceedings of such Assemblies are not fit for the supply of the urgent necessities of the State but rather apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and Book but likewise by several Clauses Assertions and Sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and Book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the Consciences of all his Servants and chiefly of Soveraign Princes and Magistrates and for the maintenance of the peace and concord betwixt all men especially betwixt the King and his People and hath thereby most grievously offended against the Crown and Dignity of his Majesty and against the Prosperity and good Government of this State and Common-wealth And the said Commons by protestation saving to themselves the Liberty of exhibiting at any time hereafter any other occasion or impeachment against the said Roger Manwaring and also of replying to the answers which he the said Roger shall make unto any of the matters contained in this present Bill of Complaint and of offering further proof of the premises or of any of them as the Cause according to the Course of Parliament shall require do pray that the said Roger Manwaring may be put to answer to all and every the premises and that such proceeding examination trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Iustice. This Declaration ingrossed in Parliament being read Mr. Pym addressed himself to the Lords in this manner THat he should speak to this Cause with more confidence because he saw nothing out of himself that might discourage him If he considered the matter the Offences were of an high nature of easie proof if he considered their Lordships who were the Judges of their own interest their own honour the example of their Ancestors the care of their Posterity would all be Advocates with him in this Cause on the behalf of the Commonwealth if he considered the King our Soveraign the pretence of whose Service and Prerogative might perchance be sought unto as a Defence and Shelter for this Delinquent he could not but remember that part of his Majesties Answer to the Petition of Right of both Houses that he held himself bound in conscience to preserve those Liberties which this man would perswade him to impeach He said further that he could not but remember his Majesties love to Piety and Justice manifested upon all occasions and he knew love to be the root and spring of all other passions and affections A man therefore hates because he sees somewhat in that which he hates contrary to that which he loves a man therefore is angry because he sees somewhat in that wherewith 〈◊〉 â—ngry that gives impediment and interruption to the accomplishment of that which he loves If this be so by the same act of his Apprehension by which he believes his Majesties love to Piety and Justice he must needs believe his hate and detestation of this man who went about to withdraw him from the exercise of both Then he proceeded to that which he said was the Task enjoyned him to make good every Clause of that which had been read unto them which that he might the more clearly perform he prepounded to observe that order of parts unto which the said Declaration was naturally dissolved 1. Of the Preamble 2. The Body of the Charge 3. The Conclusion or Prayer of the Commons The preamble consisted altogether of recital first of the Inducements upon which the Commons undertook this complaint The second of those Laws and Liberties against which the offence was committed The third of the violation of those Laws which have relation to that offence From the connexion of all those recitals he said there did result three Positions which he was to maintain as the ground-work and foundation of the whole Cause The first that the form of Government in any State could not be altered without apparent danger of ruine to that State The second the Law of England whereby the Subjects was exempted from Taxes and Loans not granted by common consent of Parliament was not introduced by any Statute or by any Charter or Sanction of Princes but was
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
shew them the said cancelled Commission and Warrant The Commons resume again the Debate upon the Bill of Tunnage and Poundage Whereupon Mr. Selden said Whereas the Kings Councel objected that 1. Eliz. saith It was Granted time out of mind to the King I fear his Majesty is told so and some body doth ascertain him so But we may clear that for not only 1. Eliz. but also in the Statute of 1. Iac. the word time out of mind is That whereas H. 7. and other his Majesties Progenitors have had some Subsidy for the guarding of the Seas And that there was never a King but had some Subsidie in that sense it is indeed time out of mind Yet is it a matter of free gift for publique Bills the King saith Le Roy se veult for Petitions of Right Soit droit fait come est desire For the Bill of Subsidies it is thus the King heartily thanking the Subjects for their good wills In all the Bills of Tunnage and Poundage is the very same Answer save one which was 1. Eliz. and but for that only mistake of the Clerk it hath ever the same assent as the Bill of Subsidie Upon this Debate it was Ordered that a Committee be appointed to draw a Remonstrance to his Majesty of the peoples Rights and of the undue taking of Tunnage and Poundage and Impositions without Act of Parliament and to shew the Reasons why the House cannot in so short a time prepare that Bill The Remonstrance was as followeth MOst Gracious Sovereign Your Majesties most Loyal and Dutiful Subjects the Commons in this present Parliament assembled being in nothing more careful then of the Honor and Prosperity of your Majestie and the kingdom which they know do much depend upon that happie union and relation betwixt your Majestie and your people do with much sorrow apprehend that by reason of the incertaintie of their continuance together the unexpected interruptions which have been cast upon them and the shortness of time in which your Majestie hath determined to end this Session they cannot bring to maturitie and perfection divers businesses of weight which they have taken into their consideration and resolution as most important for the common good Amongst other things they have taken into especial care the preparing of a Bill for the Granting of your Majestie such a Subsidie of Tunnage and Poundage as might uphold your Profit and Revenue in as ample a manner as their just care and respect of Trade wherein not only the Prosperity but even the Life of the Kingdom doth consist would permit But being a work which will require much time and preparation by conference with your Majesties Officers with the Merchants not only of London but of other remote parts they find it not possible to be accomplished at this time Wherefore considering it will be much more prâ—judicial to the right of the Subject if your Majestie should continue to receive the same without Authority of Law after the determination of a Session then if there had been a Recess by Adjournment only In which case that intended Grant would have related to the first day of the Parliament And assuring themselves that Your Majestie is resolved to observe that Your Royal Answer which â—ou have lately made to the Petition of Right of both Houses of Parliament Yet doubting least Your Majestie may be misinformed concerning this particular case as if you might continue to take those Subsidies of Tunnage and Poundage and other Impositions upon Merchants without breaking that Answer they are forced by that dutie which they owe to Your Majestie and to those whom they represent to declare That there ought not any Imposition to be laid upon the Goods of Merchants Exported or Imported without common consent by Act of Parliament which is the right and inheritance of your Subjects founded not only upon the most Ancient and Original constitution of this Kingdom but often confirmed and declared in divers Statute Laws And for the better manifestation thereof may it please Your Majestie to understand that although Your Royal Predecessors the Kings of this Realm have often had such Subsidies and Impositions Granted unto them upon divers occasions especially for the guarding of the Seas and safeguard of Merchants Yet the Subjects have been ever careful to use such Cautions and Limitations in those Grants as might prevent any claim to be made that such Subsidies do proceed from duty and not from the free gift of the Subject And that they have heretofore used to limit a tune in such Grants and for the most part but short as for a year or two and if it were continued longer they have sometimes directed a certain space of Cessation or intermission that so the right of the subject might be more evident At other times it hath been Granted upon occasion of War for a certain number of years with Proviso that if the War were ended in the mean time then the Grant should cease And of Course it hath been sequestred into the hands of some Subjects to be imployed for the guarding of the Seas And it is acknowledged by the ordinary Answers of your Majesties Predecessors in their Assent to the Bills of Subsidies of Tunnage and Poundage that it is of the nature of other Subsidies proceeding from the good will of the Subject Uery few of your Predecessors had it for life untill the Reign of H. 7. who was so far from conceiving he had any right thereunto That although he granted Commissions for collecting certain duties and Customes due by Law yet he made no Commissions for receiving the Subsidie of Tunnage and Poundage untill the same was granted unto him in Parliament Since his time all the Kings and Queens of this Realm have had the like Grants for life by the free love and good will of the Subjects And whensoever the people have been grieved by laying any Impositions or other Charges upon their goods and Merchandises witâ—out authority of Law which hath been very sâ—ldom Yet upon complaint in Parliament they have been forthwith relieved saving in the time of your Royal Father who having through ill Councel raised the Rates and Charges upon Merchandises to that height at which they now are yet he was pleased so far forth to yield to the complaint of his people as to offer that if the value of those Impositions which he had set might be made good unto him He would binde himself and his Heirs by Act of Parliament never to lay any other Which offer the Commons at that time in regard of the great burden did not think fit to yield unto Nevertheless your Loyall Commons in this Parliament out of their especial zeale to your Service and especial regard of your pressing occasions have taken into their consideration so to frame a Grant of Subsidie of Tunnage and Poundage to your Majesty that both you might have been the better enabled for the defence of your Realm and your
agreed in one that he ought not by the Law to be tortured by the Rack for no such punishment is known or allowed by our Law And this in case of Treason was brought into this Kingdom in the time of Henry 6. note Fortescue for this Point in his Book de laudibus legum Angliae see the preamble of the Act 28. H. 8. for the Trial of Fellony where Treasons are done upon the Sea and Statute 14. Edw. 3. Ch. 9. of Jaylours or Keepers who by duresse make the prisoners to be approvers Since the last Session of Parliament certain Merchant who traded in Wines had been committed to the Fleet for the non-payment of an Imposition of 20. s. the Tun and were now at liberty upon their entring into bond for the payment of that Imposition Moreover the King in full Councel declared his absolute will and pleasure to have the entry of 2. s. 2. d. the hundred upon all Currens to be satisfied equally with that of 3. s. 4. d. before the landing of that Commodity it being a duty laid by Queen Elizabeth who first gave being to the Levant Company and which had been paid both in his Fathers time and his own and that their Majesties were equally possessed of the whole summe of 5. s. 6. d. the hundred by a solemn and Legal Judgement in the Exchequer and he straightly charged his Councel to examine the great abuse in this point and to make a full reparation to his Honour by inflicting punishment as well upon Officers as Merchants that for the future they may beware of committing such contempts And Divers Merchants of London having forcibly Landed and endeavoured to carry away their Goods and Merchandises from the Custom-house Key without payment of duties were summoned to the Councel-table And the Councel was informed against them that they had caused great and unlawful assemblies of people to be gathered together to the breach of the Kings Peace and Mr. Chambers was committed to prison by the Lords of the Councel for some words spoken at that time Michaelmas 4. Car. Richard Chambers being in Prison in the Marshalsie Del hostel de Roy desired an Habeas Corpus and had it which being returable upon the 16. day of October the Marshall returned that he was committed to prison the 28. day of Septemb. last by command of the Lords of the Councel The Warrant verbatim was That he was committed for insolent behaviour and words spoken at the Councel-Table which was subscribed by the Lord Keeper and twelve others of the Councel The words were as information was given though not expressed in the Return That such great Customes and Impositions were required from the Merchants in England as were in no other place and that they were more screwed up then under the Turk And because it was not mentioned what the words were so as the Court might adjudge of them the Return was held insufficient and the Warden of the Prison advised to amend his Return and he was by Rule of the Court appointed to bring his prisoner by such a day without a new Habeas Corpus and the Prisoner was advised by the Court That in the mean time he should submit to the Lords and Petition them for his enlargement The Warden of the Prison bringing the Prisoner in again in Court the 23. day of October Then Mr. Iermin for the Prisoner moved That forasmuch as it appeared by the Return that he was not committed for Treason or Felony nor doth it appear what the words were whereto he might give answer he therefore prayed he might be dismissed or bailed But the Kings Attourney moved That he might have day untill the 25. of October to consider of the Return and be enformed of the words and that in the interim the Prisoner might attend the Councel-Table and Petition But the Prisoner affirmed that he oftentimes had assayed by Petition and could not prevail although he had not done it since the beginning of October and he prayed the Justice of the Law and the inheritance of a Subject Whereupon at his importunity the Court commanded him to be bailed and he was bound in a Recognizance of four hundred pounds and four good Merchants his Sureties were bound in Recognizance of one hundred pound a piece that he should appear here in Crastino animarum and in the interim should be of the good behaviour And advertized him they might for contemptuous words cause an Indictment or Information in this Court to be drawn against him if they would The Lords of the Councel were much dissatisfied with the Bailing of Chambers Whereupon the Judges were â—ent for to the Lord Keeper at Durham House where were present besides the Lord-Keeper the Lord Treasurer Lord Privy Seal and the Chancellor of the Dutchy And the Lord Keeper then declared unto them that the said enlargement of Chambers was without due regard had to the Privy Councel in not first acquainting them therewith To this the Judges answered that to keep a fair correspondency with their Lordships they had by the Lord Chief-Justice acquainted the Lord Keeper in private therewith before they baild the party And that what they had done as to the bailing of the prisoner was according to Law and Justice and the conscience of the Judges To this it was replied that it was necessary for the preservation of the State that the power and dignity of the Councel Table should be preserved and that it could not be done without correspondency from the Courts of Justice so they parted in very fair tearms On Thursday the 27. of November Felton was removed from the Tower to the Gate-house in order to his tryal and was the same day brought by the Sheriffs of London to the Kings-bench Bar and the indictment being read he was demanded whether he were guilty of the murder therein mentioned he answered he was guilty in killing the Duke of Buc. and further said that he did deserve death for the same though he did not do it out of malice to him So the Court passed sentence of death upon him whereupon he offered that hand to be cut off that did the fact but the Court could not upon his own offer inflict that further punishment upon him neverthelesse the King sent to the Judges to intimate his desire that his hand might be cut off before execution but the Court answered that it could not be for in all murthers the Judgement was the same unlesse when the Statute of 25. E. 3. did alter the nature of the offence and upon a several indictment as it was in Queen Elizabeths time when a Felon at the Bar flung a stone at a Judge upon the Bench for which he was indicted and his sentence was to have his hand cut off which was accordingly done and they also proceeded against him upon the other indictment for Felony for which he was found guilty and afterwards hanged and Felton was afterwards hung up
in these words We cannot safely give unless we be in possession and the proceedings in the Exchequer nullified as also the information in the Star-Chamber and the annexion to the Petition of Right for it will not be a gift but a confirmation neither will I give without the removal of these interruptions and a Declaration in the Bill that the King hath no right but by our free gift if it will not be accepted as it is fit for us to give we cannot help it if it be the Kings already we do not give it Hereupon the House ordered that the Barons of the Exchequer be sent unto to make void their injunction and order concerning the staying of Merchants goods to which the Barons returned this answer Whereas the Honourable House of Commons by order of the 12. of this instant February have appointed that notice shall be given to the Lord Treasurer Chancellor Barons of the Exchequer of a Declaration made by Sir Iohn VVolstenholme Abrah Dawes and Rich. Carmarthan in the House of Commons that the goods that the Merchants brought into the Kings Store-house and laid up there for his Majesties use were detained as they conceive onely for the duty of Tunnage and Poundage and other sums comprized in the Book of rates which notice was given to the end the said Court of Exchequer might further proceed therein as to justice shall appertain Now the Lord Treasurer Chancellour and Barons out of their due respect to that honourable House and for their satisfaction do signifie that by the Orders and Injunctions of the said Court of Exchequer they did not determine nor any way touch upon the right of Tunnage and Poundage and so they declared openly in Court at the making of these Orders neither did they by the said Orders or Injunctions barr the Owners of those goods to sue for the same in a lawful course but whereas the said Owners endeavoured to take the same goods out of the Kings actual possession by Writs or Plaints of Replevin which was no lawful action or course in the Kings case nor agreeable to his Royal Prerogative therefore the said Court of Exchequer being the Court for ordering the Kings Revenue did by those Orders and Injunctions stay those Suits and did fully declare by the said Orders that the owners if they conceived themselves wronged might take such remedy as the Law alloweth Richard Weston Iohn Walter Tho. Trevor Lo. Newburgh Iohn Denham George Vernon The Answer of the Lord Treasurer and Barons instead of satisfaction expected by the House was looked upon as a justification of their Actions whereupon a motion was made to go on to consider of their proceedings and whether ever the Court of Exchequer held this course before for staying of Replevins and whether this hath been done by Prerogative of the King in his Court of Exchequer A report was made from the Committee concerning the pardons granted by the King since the last Session to certain persons questioned in Parliament and the reporter informed the House that they do finde upon examination that Dr. Sibthorpe and Mr Cosens did solicite the obtaining of their own pardons and that they said the Bishop of Winchester would get the Kings hand to them and it did also appear to the Committee that the Bishop of Winchester did promise the procuring of Mr. Montagues pardon that Dr. Manwaring solicited his own pardon and that the Bishop of Winchester got the Kings hand to it Mr. Oliver Cromwell being of this Committee informed the House what countenance the Bishop of Winchester did give to some persons that preached flat Popery and mentioned the persons by name and how by this Bishops means Manwaring who by censure the last Parliament was disabled for ever holding any Ecclesiasticall dignity in the Church and confessed the Justice of that Censure is nevertheless preferred to a rich Living If these be the steps to Church preferment said he what may we expect A Petition from the Booksellers and Printers in London was also presented complaining of the restraint of Books written against Popery and Arminianism and the contrary allowed of by the only means of Dr. Laud Bishop of London and that divers of the Printers and Booksellers have been sent for by Pursuivants for â—rinting Books against Popery and that Licensing is only restrained to the Bishop of London and his Chaplains and instanced in certain Books against Popery which were denyed to be Licenced Upon which occasion Mr. Selden declared that it is true there is no Law to prevent the Printing of any Books in England only a Decree in Star-Chamber and he advised that a Law might be made concerning Printing otherwise he said a man might be Fined Imprisoned and his Goods taken from him by vertue of the said Decree which is a great Invasion upon the Liberty of the Subject The House of Commons being informed that an Information was preferred in the Star-Chamber against Richard Chambers and others concerning some matters that fell out about their refusal to pay Tunnage and Poundage since the last Session of Parliament because the same was not granted by Act of Parliament they referred the same to a Committee to examine the truth of their proceedings and that whither they ought not to have priviledge of Parliament in regard they had then a Petition depending in Parliament to protect them against the said proceedings and Sir William Acton Sheriff of London being examined before the Committee concerning some matters about the Customers and not giving that cleare Answer which he ought and as the House conceived he might have done was therefore committed to the Tower of London And a Question mas made in the House at that time whether the House had at any time before committed a Sheriff of London to prison to which Mr. Selden made Answer that he could not call to mind a president of sending one Sheriff of London to prison but he well remembred a president of sending both the Sheriffs of London to the Tower and instanced the Case Friday February 13. the Parliament fell into consideration of the great increase of Popery and it was moved to examine the releasing of the Jesuites that were arraigned at Newgate whereof one onely was condemned though they were ten in number and they all Priests and had a Colledge here in London about Clerken-well these men said some could not attempt these acts of boldness but that they have great countenancers Hereupâ—n Secretary Cook declared that a Minister of State having notice of these ten persons and this Colledge intended to be kept at Clarkenwell acquainted his Majesty with it and I should not discharge my duty if I should not declare how much his Mâ—jesty referred it to the especial care of the Lords of the Councel who examining the same sent those ten persons to Newgate and gave order to Mr. Attourney to prosecute the Law against them He further added
Laud look to thy self be assured thy life is sought as thou art the fountain of wickedness repent of thy monstrous sins before thou be taken out of the world and assure they self neither God nor the world can endure such a vile Counsellor or whisperer to live The other was as bad against the L. Treasurer Weston The King purposing to proceed against the Members of the House of Commons who were committed to Prison by him in the Star-Chamber caused certain Questions to be proposed to the Judges upon the 25 of April WHereupon all the Judges met at Sergeants-Inne by command from his Majesty where Mr. Atturney proposed certain Questions concerning the offences of some of the Parliament-men committed to the Tower and other prisons at which time one Question was proposed and resolved viz. That the Statute of 4 H. 8.8 intituled An Act concerning Richard Strode was a particular Act of a Parliament and extended onely to Richard Strode and to those persons that had joyned with him to prefer a Bill to the House of Commons concerning Tynners And although the Act be private and extendeth to them alone yet it was no more then all other Parliament-men by priviledge of house ought to have viz. Freedom of speech concerning those matters debated in Parliament by a Parliamentary course The rest of the Questions Mr. Atturney was wished to set down in writing against another day Upon Munday following all the Judges met again and then Mr. Atturney proposed these Questions 1. Whether if any Subject hath received probable Information of any Treason or treacherous attempt or intention against the King or State that Subject ought not to make known to the King or his Majesties Commissioners when thereunto he shall be required what Information he hath received and the grounds thereof to the end the King being truly informed may prevent the danger And if the said Subject in such Case shall refuse to be examined or to answer the Questions which shall be demanded of him for further inquiry and discovery of the truth whether it be not a high contempt in him punishable in the Star-Chamber as an offence against the general Iustice and Government of the Kingdom Sol. The resolution and answer of all the Justices That it is an offence punishable as aforesaid so that this do not concern himself but another nor draw him to danger of Treason or contempt by his answer 2. Whether it be a good answer or excuse being thus interrogated and refusing to answer to say That he was a Parliament-man when he received this Information and that he spake thereof in the Parliament-house and therefore the Parliament being now ended he refused to answer to any such Questions but in the Parliament-house and not in any other place Sol. To this the Judges by advise privately to Mr. Atturney gave this Answer That this excuse being in Nature of a Plea and an errour in judgement was not punishable until he were over-ruled in an orderly manner to make another answer and whether the party were brought in Ore tenus or by Information for this Plea he was not to be punished 3. Whether a Parliament-man committing an offence against the King or Council not in a Parliament way might after the Parliament ended he punished or not Sol. All the Judges una voce answered He might if he be not punished for it in Parliament for the Parliament shall not give priviledge to any contra morem Parliamentarium to exceed the bounds and limits of his place duty And all agreed That regularly he cannot be compelled out of Parliament to answer things done in Parliament in a Parliamentary course but it is otherwise where things are done exorbitantly for those are not the Acts of a Court. 4. Whether if one Parliament-man alone shall resolve or two or three shall covertly conspire to raise false slanders and rumours against the Lords of the Council and Iudges not with intent to question them in a Legal course or in a Parliamentary way but to blast them and to bring them to hatred of the people and the Government in contempt be punishable in the Star-Chamber after the Parliament is ended Sol. The Judges resolve that the same was punishable out of Parliament as an offence exorbitant committed in Parliament beyond the office and besides the duty of a Parliament-man There was another Question put by Mr. Atturney viz. Whether if a man in Parliament by way of digression and not upon any occasion arising concerning the same in Parliament shall say The Lords of the Council and the Judges had agreed to trample upon the Liberty of the Subject and the priviledges of Parliament he were punishable or not The Judges desired to be spared to make any answer thereunto because it concerned themselves in particular The next day Mr. Atturny put the Judges another Case It is demanded of a Parliament-man being called Ore tenus before the Court of Star-Chamber being charged that he did not submit himself to examination for such things as did concern the King and the Government of the State and were affirmed to be done by a third person and not by himself if he confess his hand to that refusal and make his excuse and plead because he had priviledg of Parliament Whether the Court will not over-rule this plea as erronious and that he ought to make a further answer It is the justest way for the King and the party not to proceed Ore tenus because it being a point in Law it is fit to hear Counsel before it be over-ruled and upon an Ore tenus by the Rules of Star-Chamber Counsel ought not to be admitted and that it would not be for the Honor of the King nor the safety of the subject to proceed in that manner Pasca 5 Car. upon a Habeas Corpus of this Court to bring the body of William Stroud Esq with the cause of his imprisonment to the Marshal of the Kings Bench It was returned in this manner That Mr. William Stroud was committed under my custody by vertue of a certain Warrant under the hands of twelve of the Lords of the Privy-Council of the King the tenor of which Warrant followeth in these words YOu are to take knowledge that it is his Majesties pleasure and commandment that you take into your custody the Body of William Stroud Esq and keep him close prisoner till you shall receive other order either from his Majesty or this Board for so doing this shall be your Warrant Dated this 2 of April 1629. And the direction of the Warrant was To the Marshal of the Kings Bench or his Deputy He is also detained in prison by vertue of a Warrant under his Majesties hand the tenor of which Warrant followeth in these words C.R. WHereas you have in your custody the Body of William Stroud Esq by Warrant of Our Lords of our Privy-Council by Our special Command you are to take notice that this
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
London SHEWING THat in the Parliament held in the years 1627 and 1628 it was voted and declared by the honourable house of Commons That whosoever shall counsel or advise the taking or levying of the Subsidie of Tonnage and Poundage not granted by Parliament or shall be any Actor or Instrument therein shall be reputed an Innovator in the Government and a capital Enemy to the Kingdom and Commonwealth and if any Merchant or person whatsoever shall voluntarily yeild or pay the said Subsidie of Tonnage and Poundage not being granted by Parliament they shall likewise be reputed Betrayers of the Liberties of England and Enemies to the same as may appear by the said Order upon Record In submission and obedience whereunto the Petitioner first opposed and withstood the payment of Tonnage and Poundage until they were setled by Parliament and all other illegal Taxes for which submission and obedience in the years 1628 and 1629 the Petitioner had 7060 pounds of his Goods wrongfully taken and detained from him by the late Kings Officers and Farmers of the Custome-house of London for pretended duties and a heavy Sentence and Fine in the Star-Chamber which was imposed upon him in the year 1629. besides which losses the Petitioner further suffered in his person by six whole years imprisonment in the Fleet for not submitting to that Sentence and Fine and in the year 1637 nine moneths imprisonment in Newgate for withstanding ship-money by which losses and imprisonments the Petitioner was put by the exercise of his calling and was wounded in his credit and reputation Which sufferings the honourable house of Commons upon the Petioners complaint in the year 1640 taking into their grave considerations were pleased to refer the examination thereof to a Committee of 50 Members wherein were included the Committee for the Navy and Customs who being well satisfied of the truth thereof by oath and other good sufficient proofs upon Record drew up their Report That the Petitioner ought then to have 13680 pounds in part of Reparation leaving the rest of those Reparations to the further judgement of the honourable House as by the annexed Copy of that report may further appear In pursuit of which report the Parliament then levied and received from the old Farmers and Officers of the Customs 50 thousand pounds for wrongs and abuses done to the Petitioner chiefly and other Merchants intending first to give to the Petitioner satisfaction out of the same because he was the first man that opposed the pretended duties and the greatest sufferer Whereupon in the year 1642. the Petitioner was chosen Alderman and in the year 1644. Sheriff of the City of London which places the Petitioner earnestly endeavoured to shun but such were the earnest importunities and perswasive encouragements of divers Members of the honourable House who then desired to have the Petitioner in place of trust for his former service to the Commonwealth that the Petitioner was constrained to accept not onely of the place of Alderman but further underwent the office and charge of Sheriff of London which stood the Petitioner in 4000 pounds that year But notwithstanding the aforesaid promises and intents of the Parliament to give the Petitioner satisfaction such were the great compulsive exigents and urgent necessities of those times caused by the publick distractions that the said monies were converted to the publick use therefore the Parliament desired the Petitioner to have a little patience promising him speedy satisfaction as well for the forbearance as for the principal debt but the distractions continuing and the Petitioner had neither interest nor any part of his principal the Parliament in the year 1648 in part of satisfaction setled the Petitioner in the office of Surveyor and Check in the Custom-house of London then worth at least 600 pounds per annum but the Petitioner having enjoyed that place onely eight months was causlesly outed by sinister information of intruders who have enjoyed that office and divided the profit thereof between them ever since that intrusion Moreover the late King by Privy Seal owes to the Petitioners wife who is the Relict of Mr. Thomas Ferrer for Linen Cloth 5000 pounds and for money lent 1200 pounds for which she was assigned satisfaction out of the Customs of Tobacco besides she was further assigned out of Sir Thomas Dawes Office 100 marks per annum all which debts likewise lie wholly unsatisfied to the Petitioners great prejudice Besides the aforesaid losses hinderances expences sufferings and forbearances of the profit of the said Office the Petitioner from time to time hath laid out himself for the common good in acting lending spending and serving when others refused exposed himself to that eminent danger at Branford by leading out a Troop of Horse for the Priviledges Liberties and Rights of the City of London and Commonwealth insomuch that thereby and for want of his satisfaction aforesaid the Petitioner having consumed his Estate hath been constrained to sell and morgage some part of his Lands to pay Creditors and to maintain his Family having a Wife and nine Children and is likely to be undone for obeying the Parliaments Commands unless by the justice and commiseration of this honourable Assembly he be speedily relieved and righted for that ever since the said reported sum the Petitioner from time to time hath made his humble addresses to the supreme powers for the time being for satisfaction thereof and to be restored to the said Office but could not prevaile The Petitioner therefore humbly prays That he may not perish for acting for the publick good according to the Declaration of Parliament but that now after 26 years suffering whereof twelve years in fruitless and wearisome waitings this honourable Assembly would now be pleased to take the unparallel'd sufferings of the Petitioner into their grave considerations for some speedy course for the Petitioners satisfaction to pay his Debts and redeem his Lands by ordering him the one moyety of his Debt in ready money out of the dayly customs of London from whence his first losses and sufferings sprang and the other moâ—ty to be discompted upon such Goods as the Petitioner shall make entries of by Exportation or importation in the Custome-house London until his debt with the interest be fully satisfied and paid or any other speedy way as in your grave wisdoms shall seem meet and in like manner for his wives Debt which is to pay Debts and Legacies and that the Petitioner may forthwith be restored to and setled in the said Office and have Reparations from the Intruders And the Petitioner with his shall as in all duty ever pray c. Richard Chambers Sept. 6. 1654. The Petitioner being wearied out with twelve yeers attendance upon one Parliament in hopes of reparation for his imprisonment troubles and losses during the eleven years former interval of Parliament in standing for the Liberty of the Subject grew infirm and being not relieved was reduced to a low estate
whence he came and whither to go And that the Gates of each City be shut all night and keyes kept by the Mayor or Governour 5. Also Inn-keepers to deliver the names of all unknown passengers that lodge in their houses and if they stay suspitiously at any time to present them to the Governour whereby dangerous persons seeing these strict courses will be more wary of their actions and thereby mischievous attempts will be prevented All which being referred to your Majestie 's wise consideration it is meet for me withall to give you some satisfaction of the charge and time to perform what is purposed that you may not be discouraged in the difficulty of the one or prolongation of the other both which doubts are resolved in one and the same reason in respect that in England each chief Town commonly hath a ruinated Castle well seated for strength whose foundation and stones remaining may be both quickly repaired for this use and with little charge and industry made strong enough I hope for this purpose within the space of one year by adding withall Bulwarks and Rampiers for the Ordnance according to the rules of Fortification The Ordnance for these Forts may be of Iron not to disfurnish your Majestie 's Navy or be at a greater charge then is needfull To maintain yearly the Fort I make account in ordinary pay three thousand men will be sufficient and will require forty thousand pound charge per Annum or thereabouts being an expence that inferiour Princes undergo for their necessary safety All which prevention added to the invincible Sea-force your Majesty hath already and may have will make you the most powerfull and obeyed King of the world Which I could likewise confirm by many examples but I omit them for brevity and not to confuse your Majesty with too much matter Your Majesty may find by the scope of this discourse the means shewed in generall to bridle your Subjects that may be either discontent or obstinate So likewise am I to conclude the same intent particularly against the perversnesse of your Parliament as well to suppresse that pernitious humour as to avoid their oppositions against your profit being the second part to be discoursed on and therefore have first thought fit for better prevention thereof to make known to your Majesty the purpose of a generall Oath your Subjects may take for sure avoiding of all rubs that may hinder the conclusion of these businesses It is further meant that no subject upon pain of high Treason may refuse the same Oath containing onely matter of Allegiance and not scruples in points of Conscience that may give pretence not be denyed The effect of the Oath is this That all your Majestie 's Subjects do acknowledge you to be as absolute a King and Monarch within your Dominions as is amongst the Christian Princes and your Prerogative as great whereby you may and shall of your self by your Majestie 's Proclamation as well as other Soveraign Princes doing the like either make Lawes or reverse any made with any other Act so great a Monarch as your self may do and that without further consent of a Parliament or need to call them at all in such cases considering that the Parliament in all matters excepting causes to be sentenced as the highest Court ought to be subject unto your Majestie 's will to give the negative or affirmative conclusion and not to be constrained by their impertinencies to any inconvenience appertaining to your Majestie 's Regall Authority and this notwithstanding any bad pretence or custom to the contrary in practise which indeed were fitter to be offered a Prince elected without other right than to your Majesty born successively King of England Scotland and Ireland and your Heirs for ever and so received not onely of your Subjects but also of the whole world How necessary the dangerous supremacy of Parliament's usurpation is to be prevented The example of Lewes the Eleventh King of France doth manifest who found the like opposition as your Majesty doth and by his wisdom suppressed it And to the purpose here intended which is not to put down altogether Parliaments and their authority being in many cases very necessary and fit but to abridge them so far as they seek to derogate from your Majesties Regall authority and advancement of your greatnesse The caution in offering the afore-said Oath may require some policy for the easier passage at first either by singular or particular tractation and that so near about one time over the Land as one Government may not know what the other intendeth so it may passe the easier by having no time of combination or opposition There is another means also more certain then this to bring to passe the Oath more easily as also your profit and what else pretended which here I omit for brevity requiring a long discourse by it self and have set it down in particular instructions to inform your Majesty 2. The second part of this Discourse is touching your Majestie 's Profit after your State is secured Wherein I should observe both some reasonable content to the people as also consider the great expences that Princes have now adaies more then in times past to maintain their greatnesse and safety of their Subjects who if they have not wit or will to consider their own interest so much indifferently your Majestie 's wisdom must repair their defects and force them to it by compulsion but I hope there shall be no such cause in points so reasonable to increase your Majestie 's revenue wherein I set down divers means for your gratious Self to make choice of either all or part at your pleasure and to put it in execution by such degrees and cautions as your great wisdom shall think fit in a businesse of this nature Imprimis The first means or course intended to increase your Majestie 's revenues or profit withall is of greatest consequence and I call it a Decimation being so tearmed in Italy where in some part it is in use importing the tenth of all Subjects estates to be paid as a yeerly rent to their Prince and as well monyed men in Towns as landed men in the Countries their value and estates esteemed justly as it is to the true value though with reason and this paid yeerly in mony Which course applyed in England for your Majestie 's service may serve instead of Subsidies Fifteens and such like which in this case are fit to be released for the Subjects benefit and content in recompence of the said Decima which wil yield your Majesty more in certainly than they do Casually by five hundred thousand pounds per annum at the least Item That when your Majesty hath gotten monie into your hands by some courses to be set down it would be a profitable course to increase your Entrada to buy out all Estates and Leases upon your own Lands in such sort as they be made no
are but in the case of Premunire By the Statute of 13. Eliz. chap. 1. for the avoiding of contentious and seditious Titles to the Crown it is enacted by the said Statute That he that shall declare the Successor of the King shall forfeit the moity of his goods c. so that the said offence although it be seditious is not treason by the Common Law nor is made treason by the Statute of 25. E. 3. nor by the Statute of 13 Eliz. By the Statute of 23 Eliz. chap. 2. he that speaks seditious or slanderous news of the Queen shall lose his ears or pay 200 l. and the second offence is made Felony The Statute of 35 Eliz. chap. 1. 〈…〉 seditious Sectaries which absent themselves from the Church they are to be punished 10 l. by the month Out of all which Statutes it may be collected that the word Sedition is taken variously according to the subject in hand And C. 4. Lord Cromwell's case Seditious is referred to doctrine There are offences more high in their nature than sedition which were not treason unlesse so declared by act of Parliament Every rebellious act is sedition yet if such Acts be not within the Statute of 23 Ed. 3. they are not treason 17 R. 2. chap. 8. Insurrection of villains and others is not made treason which proves that before this Act it was not treason And this Act of 17 R. 2. is repealed by the Statute of 1 H. 4. By the Statute of 3 and 4 E. 6. chap. 5. to assemble people to alter the Lawes is made treason if they continue together an houre after Proclamation made This assembly of people was sedition at the Common Law and the very assembly if they after dissolve upon Proclamation made is not treason by the said Statute By the Statute of 14 Eliz. chap. 1. it is made Felony malitiously and rebelliously to hold from the Queen any Castles c. but because this relates not to the Statute of 25 E. 3. it is not treason 2. It seems clearly that this Case is within the Petition of Right in which Magna Charta and the Statutes of 25 and 28 E. 3. are recited The grievance there was That divers have been imprisoned without any cause shewed to which they might make answer according to the Law And upon this Return nothing appears to be objected to which he might answer It appears not what that Act which is called Sedition was This is the very grief intended to be remedied by this Statute To this he cannot answer according to Law It appears not whether this were a seditious act trespasse or slander or what it was at all The words are Sedition against the King This helps not for every offence is against the King against his Crown and dignity that which disturbs the Common-wealth is against the King seditious doctrine is sedition against the King as is before said In 28 H. 6. vide Postrat fol. 19. the Lords and Commons desire the King that William de la Pool may be committed for divers treasons and sundry other heinous crimes and the Petition held not good because too generall Whereupon they exhibit particular Articles against him And therefore upon the whole matter he concluded and prayed that Mr. Long might be discharged from his imprisonment On another day Barckley and Davenport the Kings Sergeants argued for the King That this Return was sufficient in Law to detain them in prison Barckley began and said That the case is new and of great weight and consequence and yet under favour the prerogative of the King and the liberty of the Subject are not mainly touched therein for the case is not so generall as it hath been made but particular upon this particular Return The liberty of the Subject is a tender point the right whereof is great just and inviolable The prerogative of the King is an high point to which every subject ought to submit I intend not to make any discourse of the one or the other I will onely remember what the King hath determined upon them both in his speech which he made upon the Petition of right to wit That the Peoples liberties strengthen the Kings prerogative and that the Kings prerogative is to defend the Peoples liberties Thi◠〈◊〉 settle the hearts of the people concerning their liberty The way which I intend to treat in my Argument is to answer to the objections and reasons which have been made and to give some reasons whereby this Return shall be sufficient The objections which have been made are reducible to four heads 1. By what the prisoner here shall be said to be committed and detained 2. That this Commitment is against the Petition of right 3. That the Cause which is here returned is generall and incertain 4. That the offences mentioned in the Return are but Finable and therefore notwithstanding them the party is bailable For the first it hath been objected that the commitment here was by the Lords of the Privy Councill and the signification of this cause is by the King himself But I say that there is a further matter in the Return for the Lords of the Councill do it by the command of the King and they onely pursue this command I will not dispute whether the Lords of the Councill have power to commit an offender or no it is common in experience 33 H. 6.28 Poignâ—â— case is expresse in it And in the Petition of right it is admitted that they may commit And this is not alledged there for a grievance but the grievance there was because the particular charge of commitment was not shewed Some Books have been objected to prove that the King though in person cannot commit any person 16 H. 6. F. Monstrance de faits 182. But the authority of that Book vanisheth if the case be put at large which was in trespasse for cutting of Trees The Defendant said That the place where c is parcell of the Mannor of D. whereof the King is seised in Fee and the King commands us to cut And the opinion of the Court was that this is no plea without shewing a specialty of the command of the King And there the whole Court saies That if the King command me to arrest a man whereby I arrest him he shall have trespasse or imprisonment against me although it be done in the presence of the King That the following words are to be understood as the principal case was of one command of the King by word and then such command by word to arrest a man is void And 1 H. 7.4 was objected Hussey saies that Markham said to King Edw. 4. that he cannot arrest a man for suspition of Treason or Felony because if he do wrong the party cannot have his action To this I say That the Book there is to be understood of a wrongfull arrest for there is spoken of an action of false imprisonment and a wrongfull arrest cannot be made by the
in tertio Caroli that generall Returns that were committed by the command of the Lord the King are not good and that those Arguments remain as Monuments on record in the Upper House of Parliament but I will not admit them for Law But I will remember what was the opinion of former times 22 H. 6.52 by Newton a man committed by the command of the King is not replevisable And the opinion cannot be intended of a Replevin made by the Sheriff because the principall case there is upon a Return in this Court 33 H. 6.28 Poyning's case where the Return was That he was committed by the Lords of the Councill and it was admitted good It is true that this opinion is grounded upon Westm. 1. cap. 15. but I will not insist upon it But the constant opinion hath alwaies been that a man committed by the command of the King is not baylable In 9 H. 6.44 it is said That if one be taken upon the Kings suit the Court will not grant a Supersedeas The contrary opinion is grounded upon Magna Charta which is a generall Law and literally hath no sense to that purpose and it is contrary to the usuall practise in criminall causes in which the imprisonment is alwaies lawfull untill the tryall although it be made by a Iustice of Peace or Constable And that a man committed by the command of the King or Privy Councill is not baylable he cited 1 Jacobi Sir Brocket's case 8 Jac. Sir Cesar's case 12. Demetrius's case 43 Rinch's case And in the case M. 36 Eliz. and 4 and 5 Thimelby's case And said that there are innumerable presidents to this purpose M. 21 and 22 Eliz. upon the return of an Habeas corpus it appears that Michael Page was committed by the command of the Lord the King but was not delivered and after was arraigned in this Court and lost his hand And at the same time Stubbs was committed by the command of the Lord the King for seditious words and rumors and he lost his hand also upon the same tryall M. 17 and 18. Eliz. Upon Habeas corpus for John Loan it was returned That he was committed for divulging sundry seditious writings and he was remanded And 7 H. 7 roll 6. Rugs case and roll 13. Chase's case where the Return was that they were committed by the command of the Lord the King and they were not delivered and this was also the opinion in this Court M. 3. Car. And after the said time the Law is not altered and so I hope neither are your opinions But to consider the particular cause mentioned in the Return I will not rely upon the first part of the words although they be of great weight but onely upon the last words for stirring up of sedition against Us But it hath been objected that Sedition is not a word known in the Law But I marvell that the signification of the word is not understood when it is joyned with the words agains Us this ought to be understood Sedition against the King in his politick capacity Sedition hath sundry acceptations according to the subject handled as it appears C. 4. Lord Cromwel's case which hath been cited If it be spoken of a man that he is seditious if it be of a company in London it shall be understood sedition in the Company if it be spoken of a Souldier it shall be taken for mutinous Mr. Littleton who argued this case very well said That Tacitus useth this word and it is true and he saies That there are two manners of Seditions Seditio armata togata and the last is more dangerous then the former But couple it with the subsequent words here against Us the interpretation and sense thereof is easie loquendum ut vulgus Mr. Littleton shewes the acceptation of this word in divers places of Scripture and I will not reject them for they make for me 20 Numb 3. the Latine is populi versi sunt in seditionem and it is Englished murmuring but clearly it was high treason against their Governour and God himselfe 26 Numb 9. in seditione Corah it is manifest that that was a great Insurrection 12 Judg. 1. Facta est ergo seditio in Ephraim The Ephramites rose against Jephta and he at the same time was their Iudge and Governour so it was the heighth of Insurrection It is true that in 15 Act. 2. Facta est seditio and in some Translations it is Orta est repughantia non parva for it may be taken in severall senses 19 Acts 40. the Town-Clerk there knew not how to answer for this daies sedition or insurrection and no doubt he was in great perill for it was a great insurrection and I wish the greater ones were as circumspect as he was 24 Act. 5. Tertullus accused Paul of sedition and doubtlesse it was conceived a great offence if you consider the time and other circumstances for they were Heathens and Romans And although he in very truth taught the Gospell of God yet he was taken for a pestilent fellow and as a perswader to shake off Government Bracton lib. 3. de Corona c. 2. rancks Sedition amongst the crimes laesae Majestatis But it hath been objected that if it be a capitall offence it ought to be felony or treason To this I say That it cannot be felony but it may be treason for any thing that appears It is true that by the statute of 25 E. 3. treasons are declared and nothing shall be said treason which is not comprised within the said Statute unlesse it be declared so by Act of Parliament But upon indictment of treason such sedition as this may be given in evidence and perhaps will prove treason And the Return is not That he was seditious which shewes onely an inclination but that he stirred up sedition which may be treason if the evidence will bear it In divers Acts of Parliament notice is taken of this word Seditio and it is alwaies coupled with Insurrection or Rebellion as appears by the Statutes of 5 R. 2. c. 6. 17 R. 2. c. 8. 2 H. 5. c. 9. 8 H. 6. c. 14. 3 4. E. 6. c. 5. 2 R. 2. c. 5. 1 and 2 Phil. Mar. c. 2. 1 Eliz. c. 7. 13 Eliz. c. 2. 23 Eliz. c. 2. 27 Eliz. c. 2. and 35 Eliz. c. 1. all which were cited before and they prove that Sedition is a word well known in the Law and of dangerous consequence and which cannot be expounded in good sense Wherefore the nature of the offence I leave it to the Court But out of these Statutes it appears that there is a narrow difference between it and treason if there be any at all 3 ly As to the Objections which have been made I will give a short answer to them 1. It was objected That every imprisonment is either for custody or punishment the last is alwaies after the judgment given for the offence and if it be but for custody the
for none is bound to give credit to such message but when it is under the great Seal it is Teste Meipso and if there was no command then there can be no contempt in the disobedience of that command 3 In this no contempt appears by the Information for the Information is That the King had power to adjourn Parliaments Then put case the command be that they should adjourn themselves this is no pursuance of the power which he is supposed to have The House may be adjourned two waies to wit by the King or by the House it self the last is their own voluntary act which the King cannot compell for Voluntas non cogitur 3 ly For the third matter which is the Conspiracy Although this be supposed to be out of the House yet the Act is legall for Members of the House may advise of matters out of the House for the House it self is not so much for consultations as for proposition of them And 20 H. 6.34 is that Enquests which are sworn for the King may enquire of matters else-where 2 For the Conspiracy to lay violent hands upon the Speaker to keep him in the Chair The House hath priviledge to detain him in the Chair and it was but lightly and softly and other Speakers have been so served 3 The King cannot prefer an Information for trespasse for it is said The King ought to be informed by a Iury to wit by indictment or presentment 4 This cannot be any contempt because it appears not that the House was adjourned and if so then the Speaker ought to remain in the Chair for without him the House cannot be adjourned But it may be objected that the Information is That all these matters were done malitiously and seditiously But to this I answer That this is alwaies to be understood according to the subject matter 15 E. 4. 4. and 18 H. 8.5 A wife that hath title to have Dower agrees with an other to enter which hath right that she against him may recover her Dower This shall not be said Covin because both the parties have right and title 2 It will be objected That if these matters shall not be punishable here they shall be unpunished altogether because the Parliament is determined To this I say That they may be punished in the subsequent Parliament and so there shall be no failer of right And many times matters in one Parliament have been continued to another as 4 E. 3. numb 16. the Lord Barkley's case 50 E. 3. numb 185.21 R. 2. c. 16.6 H. 6. numb 45 46.8 H. 4. numb 12. Offences in the Forrest ought to be punished in Eyre and Eyres oftentimes were not held but every third year C. 9. Epistle and 36 E. 3. c. 10. A Parliament may be every year Errour in this Court cannot be reversed but in Parliament And yet it was never objected that therefore there shall be a failer of Right 25 E. 3. c. 2. If a new case of treason happen which is doubtfull it shall not be determined till the next Parliament So in Westm. 2. c. 28. where a new case happens in which there is no Writ stay shall be made till the next Parliament And yet in these cases there is no failer of Right And so the Iudges have alwaies done in all difficult cases they have referred the determination of them to the next Parliament as appears by 2 E. 3 6 7.1 E. 3.8.33 H. 6.18.5 E. 2. Dower 145. the case of Dower of a Rent-charge And 1 Jac. the Iudges refuse to deliver their opinions concerning the union of the two Kingdoms The present case is great rare without president therefore not determinable but in Parliament And it is of dangerous consequence for 1 by the same reason all the Members of the House of Commons may be questioned 2 The parties shall be disabled to make their defence and the Clerk of Parliament is not bound to disclose those particulars And by this means the debates of a great Councill shall be referred to a petty Iury. And the parties cannot make justification for they cannot speak those words here which were spoken in the Parliament without slander And the Defendants have not means to compell any to be witnesses for them for the Members of the House ought not to discover the counsell of the House So that they are debar'd of justification evidence and witnesse Lastly by this means none will adventure to accuse any offender in Parliament but will rather submit himself to the common danger for for his pains he shall be imprisoned and perhaps greatly fined And if both these be unjust yet the party so vexed can have no recompence Therefore c. The Court The question is not now whether these matters be offences and whether true or false But admitting them to be offences the sole question is Whether this Court may punish them so that a great part of your Argument is nothing to the present question At another day being the next Calthrop argued for Mr. Valentine another of the Defendants 1 st In generall he said for the nature of the crimes that they are of four sorts 1. In Matter 2. In Words 3. By Consent 4. By Letters Two of them are laid to the charge of this Defendant to wit The crune of the Matter and of Consent And of offences Bracton makes some publick some private The offences here are publick And of them some are capitall some not capitall as assault conspiracy and such like which have not the punishment of life death Publick crimes capitall are such as are against the Law of Nature as treason murder I will agree that if they be committed in Parliament they may be questioned else-where out of Parliament But in our case the crimes are not capital for they are assault conspiracy which in many cases may be â—ustified as appears by 22 H. 7. Keilw 92. 2 ass 3 H. 4.10.22 E. 4.43 Therefore this Court shall not have jurisdiction of them for they are not against the Law of Nations of God or Nature And if these matters shal be examinable here by consequence all the actions of Parliament-men may be drawn in question in this Court But it seems by these reasons that this Court shall not have jurisdiction as this case is 1 st Because these offences are justifiable being but the bringing the Speaker to the Chair which also perhaps was done by the Uotes of the Commons but if these matters shall be â—ustified in this Court no tryall can be for upon issue of his own wrong he cannot be tryed because Acts done in the House of Commons are of Record as it was resolved in the Parliament 1 Jac. and 16 H. 7.3 C. 9.31 are that such matters cannot be tryed by the Country And now they cannot be tryed by Record because as 29 H. 8. Dy. 32. is an inferiour Court cannot write to a superiour And no Certiorari lies out of the Chancery to send this here
upon the suddain as occasion is offered And there is no necessity that the King should expect a new Parliament The Lords may grant Commissions to determine matters after the Parliament ended but the House of Commons cannot do so And also a new House of Commons consists of new Men which have no conusance of these offences 1 H. 4. The Bishop of Carlile for words spoken in the Parliament that the King had not right to the Crown was arraigned in this Court of high-treason and then he did not plead his priviledge of Parliament but said That he was Episcopus unctus c. 5 ly 4 H. 8. Strode's case hath been objected But this is but a particular act although it be in print for Rastall intitles it by the name of Strode so the title Body and proviso of the Act are particular 6 ly That this is an inferiour Court to the Parliament therefore c. To this I say That even sitting the Parliament this Court of B. R. and other Courts may judge of their priviledges as of a Parliament-man put in execution c. and other cases It is true that the Iudges have oft-times declined to give their iudgment upon the privileges of Parliament sitting the Court But from this it followes not that when the offence is committed there and not punished and the said Court dissolved that therefore the said matter shall not be questioned in this Court 7 ly By this means the priviledges of Parliament shall be in great danger if this Court may judge of them But I answer That there is no danger at all for this Court may judge of Acts of Parliament 8 ly Perhaps these matters were done by the Uotes of the House or if they be offences it is an imputation to the House to say that they had neglected to punish them But this matter doth not appear And if the truth were so these matters might be given in evidence 9 ly There is no president in the case which is a great presumption of Law But to this I answer That there was never any president of such a fact therefore there cannot be a president of such a judgment And yet in the time of Queen Elizabeth it was resolved by Brown and many other Iustices that offences done in Parliament may be punished out of Parliament by imprisonment or otherwise And the case of 3 E. 3.19 is taken for good Law by Stamf. and Fitzh And 22 E. 3. and 1 Mar. accord directly with it But it hath been objected that there was no plea made to the Iurisdiction But it is to be obser-served that Ployden that was a learned man was one of the Defendanâ—s and he pleaded not to the Iurisdiction but pleaded license to depart And the said Information depended during all the Reigne of Queen Mary during which time there were four Parliaments and they never questioned this matter But it hath been further objected That the said case differs from our case because that there the offence was done out of the House and this was done within the House But in the said case if license to depart be pleaded it ought to be tryed in Parliament as well as these offences here Therefore c. And the same day the Iudges spake briefly to the case and agreed with one voice That the Court as this case is shall have Iurisdiction although that these offences were committed in Parliament Afterwards the Parliament which met the 3d. of Novemb. 1640. upon Report made by Mr. Recorder Glyn of the state of the severall and respective cases of Mr. Hollis Mr. Selden and the rest of the imprisoned Members of the Parliament in tertio Caroli touching their extraordinary sufferings for their constant affections to the Liberties of the Kingdom expressed in that Parliament And upon Arguments made in the House thereupon did upon the 6th of July 1641. passe these ensuing Votes which in respect of the reference they have in these last mentioned proceedings we have thought fit though out of order of time to insert viz. Iuly the 6th 1641. REsolved upon the Question that the issuing out of the Warrants from the Lords and others of the Privy Councill compelling Mr. Hollis and the rest of the Members of that Parliament 3. Car. during the Parliament to appeare before them is a breach of the priviledge of Parliament by those Privy Counsellours Resolved c. That the Committing of Mr. Hollis and the rest â—f the Lords and others of the Privy Councill dureing the Parliament is a breach of the priviledge of Parliament by those Lords and others Resolved c. That the searching and sealing of the Chamber Study and Papers of Mr. Hollis Mr. Selden and Sir Iohn Eliot being Members of this House and dureing the Parliament and issuing of warrants to that purpose was a breach of the priviledge of Parliament and by those that executed the same Resolved c. That the exhibiting of an Information in the Court of Star-Chamber against Mr. Hollis and the rest for matters done by them in Parliament being members of Parliament and the same so appearing in the Information is a breach of the priviledge in Parliament Resolved c. That Sir Robert Heath and Sir Humphrey Davenport Sir Hennage Finch Mr. Hudson and Sir Robert Berkly that subscribed their names to the Information are guilty thereby of the breach of priviledge of Parliament Resolved c. That there was delay of Justice towards Mr. Hollis and the rest that appeared upon the Ha. Corp. in that they were not bayled in Easter and Trinity Tearm 5. Car. Resolved c. That Sir Nicholas Hide then chief Justice of the Kings Bench is guilty of this delay Resolved c. That Sir William Jones then being one of the Justices of the Court of Kings Bench is guilty of this delay Resolved c. That Sir Iames Whitlock Knight then one of the Justices of the Court of Kings Bench is not guilty of this delay Ordered That the further debate of this shall be taken into Consideration on to morrow Morning Iuly the 8th 1641. Resolved upon the Question That Sir George Crook Knight then one of the Judges of the Kings Bench is not guilty of this delay That the continuance of Mr. Hollis and the rest of the Members of Parliament 3. Car. in Prison by the then Judges of the Kings Bench for not putting in sureties of the good behaviour was without just or legall cause That the exhibiting of the Information against Mr. Hollis Sir Iohn Eliot and Mr. Valentine in the Kings Bench being members of Parliament for matters done in Parliament was a breach of the priviledge of Parliament That the over-ruling of the plea pleaded by Mr. Hollis Sir Iohn Eliot and Mr. Valentine upon the Information to the Jurisdiction of the Court was against the Law and priviledge of Parliament That the Judgement given upon a Nihil dicit against Mr. Hollis Sir Iohn Eliot and Mr. Valentine and fine thereupon imposed and
their severall imprisonments thereupon was against the Law and priviledge of Parliament That the severall proceedings against Mr. Hollis and the rest by committing them and prosecuting them in the Star-Chamber and in the Kings Bench is a grievance That Mr. Hollis Mr. Stroud Mr. Valentine and Mr. Long and the heires and Executours of Sir Iohn Eliot Sir Miles Hubbard and Sir Peter Heyman respectively ought to have reparation for their respective dammages and sufferings against the Lords and others of the Councill by whose warrants they were apprehended and committed and against the Councill that put their hands to the Information in the Star-Chamber and against the Judges of the Kings Bench. That Mr. Lawrence Whitaker being a Member of the Parliament 3 Car. entring into the Chamber of Sir Iohn Eliot being likewise a Member of the Parliament searching of his Trunck and Papers and sealing of them is guilty of the breach of the priviledge of Parliament this being done before the dissolution of Parliament Resolved upon the question That Mr. Lawrence Whitaker being guilty of the breach of the priviledges as aforesaid shall be sent forthwith to the Tower there to remain a prisoner during the pleasure of the House Mr. Whitaker was called down and kneeling at the Bar Mr. Speaker pronounced this Sentence against him accordingly Mr. VVhitaker being at the Bar did not deny but that he did search and seal up the Chamber and Trunck and Study of Sir Iohn Eliot between the second and tenth of March during which time the Parliament was adjourned But endeavoured to extenuate it by the confusion of the times at that time the length of the time since the crime was committed being thirteen years the command that lay upon him being commanded by the King and twenty three Privy Counsellors Afterwards Mr. Recorder Glin made a further Report to the House of Commons viz. HE likewise reported the state of the case concerning the losses dammages sufferings imprisonments sustained and undergone by Mr. Vassell for denying to pay Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Vote of this House The Warrant which issued and was subscribed by twelve Privy Counsellors to summon nine of the Members of the House of Commons in the Parliament of tertio Caroli to appear before them during the Parliament viz. Mr. William Stroud Mr. Benjamin Valentine Mr. Hollis Sir Iohn Eliot Mr. Selden Sir Miles Hobert Sir Peter Heyman Mr. Walter Long and Mr. VVilliam Coriton bearing date tertio Marâ—ii quarto Caroli and the names of the twelve Privy Counsellors that signed this Warrant were read The Parliament being adjourned the second of March to the tenth of March and then dissolved The Warrants under the hands of sixteen Privy Counsellors for committing of Mr. Denzill Hollis Sir Iohn Eliot Mr. Iohn Selden Mr. Benjamin Valentine and Mr. William Coriton close prisoners to the Tower bearing date Quarto Martii quarto Caroli during the Parliament were read And the names of the Privy Counsellors that subscribed them were read The Warrants under the hands of twenty two Privy Counsellors directed to William Boswell Esq to repair to the lodgings of Denzil Hollis Esq and to Simon Digby Esq to repair to the lodgings of Mr. Iohn Selden and to Lawrence VVhitaker Esq to repair to the lodgings of Sir Iohn Eliot requiring them to seal up the Truncks Studies and Cabinets or any other thing that had any Papers in them of the said Mr. Hollis Mr. Iohn Selden and Sir Iohn Eliot were read and likewise the names of the Privy Counsellors that subscribed the said Warrants A Warrant under the hands of thirteen Privy Counsellors for the commitment of Mr. William Stroud close prisoner to the Kings Bench bearing date 2d April 1628. was read and the names of the Privy Counsellors that subscribed it The like Warrant was for the commitment of Mr. VValter Long close prisoner to the Marshall-sea The humble Memoriall of the losses dammages sufferings and imprisonments sustained and undergone by Alderman Richard Chambers for denying to pay Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Vote of this House was this day read Ordered that it be referred to the Committee for the Members of tertio Caroli where Mr. Recorder hath the Chair and the Committee of the Navy joyned as to this businesse to consider of the Memoriall of the losses dammages sufferings and imprisonments sustained and undergone by Alderman Richard Chambers for his denying to betray the Liberty of the Subject in paying the illegall Tax of Tunnage and Poundage not granted by Act of Parliament in obedience to a Declaration and Order of this House And the Committee are to make report on Munday fortnight Resolved c. That Mr. Hollis shall have the sum of five thousand pounds for his dammages losses imprisonments and sufferings sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That Mr. Iohn Selden shall have the sum of five thousand pounds for his dammages losses imprisonments and sufferings sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five thousand pounds be assigned for the dammages losses imprisonments and sufferings sustained and undergone by Sir Iohn Eliot for his service done to the Common-wealth in the Parliament of tertio Caroli to be disposed of in such manner as this House shall appoint Resolved c. That the sum of two thousand pounds part of four thousand pounds paid into the late Court of Wards and Liveries by the heires of Sir Iohn Eliot by reason of his marriage with Sir Daniel Norton's daughter shall be repaid to Mr. Eliot out of the arrears of monies payable into the late Court of Wards and Liveries before the taking away of the said late Court Ordered that it be referred to the Committee who brought in this Report to examine the Decree made in the late Court of Wards and Liveries concerning the marriage of Sir Eliot's heir with Sir Norton's daughter and what monies was paid by reason of the said Decree and by whom and to report their opinions thereupon to the House Ordered That it be referred to the Committee of the Tower to examine after what manner Sir Iohn Elyot came to his death his usage in the Tower and to view the roomes and places where he was imprisoned and where he dyed and to report the same to the House Resolved c. That the sum of five thousand pounds shall be paid unto the of Sir Peter Heyman for the dammages losses sufferings and imprisonments sustained and undergone by Sir Peter Heyman for his service done to the Common-wealth in the Parliament in tertio Caroli Resolved c. That Mr. VValter Long shall have the sum of five thousand pounds paid unto him for the dammages losses sufferings and imprisonment
sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five thousand pounds shall be assigned for the dammages losses sufferings and imprisonment sustained and undergone by Mr. Strode late a member of this House deceased for service done by him to the Common-wealth in the Parliament of tertio Caroli Resolved c. That Mr. Benjamin Valentine shall have the sum of five thousand pounds paid unto him for the dammages losses sufferings and imprisonments sustained and undergone by him for his service done to the Common-wealth in the Parliament of tertio Caroli Resolved c. That the sum of five hundred pounds shall be bestowed and disposed of for the erecting a Monument to Sir Miles Hobert a Member of the Parliament of tertio Caroli in memory of his sufferings for his service to the Common-wealth in that Parliament of tertio Caroli Resolved c. That Mr. Samuel Vassell shall have the sum of ten thousand four hundred forty five pounds twelve shillings two pence paid him for his losses and dammages sustained for denying to pay Tunnage and Poundage not granted by Act of Parliament in pursuance and obedience to a Declaration and Vote of this House Resolved c. That this House doth declare that they will in due time take Mr. Vassell into further consideration for his imprisonment and personall sufferings Ordered That it be recommitted to the Committee who brought in this Report to consider how the severall sums of mony this day ordered to be paid for dammages to the severall Members and others before named for their sufferings in the service of the Common-wealth may be raised FINIS AN INDEX Alphabetically digested relating to the Principal Persons and Matters contained in this Book A. ABbot Archbishop his advice concerning the Palatinate War p. 12 In disgrace at Court p. 61. his Letter to the King against Toleration of Popery p. 85. Still in disfavor p. 435. A Commission to sequester him â—b his Narrative at large containing the true cause of his being sequestred from p. 438. to 461. His Speech concerning the Petition of Right p. 552 Abbot Doctor p. 62 Acts passed in Parliament p. 152 195 644 Alford Master p. 568 Allured Master his Letter to the Duke p. 91. Another concerning the Duke p. 621 Ambassadors private Instructions p. 18 Anhault Prince made General of the Bohemians p. 14 Arminians p. 62 111 177 180 181 479 Arundel Earl p. 368 c. Ashley Serjeant questioned for words p. 552 Aston Sir Walter p. 14 60 106 107 113 114 Le Assembli des notables c. p. 691. And p. 14. Appendix Aske Mr. His Argument for Master Stroud p. 18. Appendix B. BAcon Lord Chancellor p. 28 29 31 162 Barkley Serjeant his Argument against Mr. Stroud Appendix p. 21 Barkshire Earl p. 376 Barons of the Exchequer sent unto about Merchants gâ—ods p. 666 667 Beecher Sir William p. 430 Bethlem Gabor assists the Bohemians p. 12 Bohemians vide Palatinate Book of Bounty prohibited p. 417 Bramston Serjeant upon the Habeas Corpus p. 463 Bristol vide Digby Buckingham writes unto Gundamor of King James dissatisfaction about the Palatines War p. 16. Goes with the Prince into Spain p. 76. Made Duke p. 78. A Letter sent to him from Mr. Allured p. 91. His Narrative to both Houses of Parliament p. 119. The truth thereof attested by the Prince p. 16. The Popes Letter to him p. 80. His head demanded by the Spanish Ambassador p. 126. The Duke is justified of both Houses ibid. And by King James who called him his disciple p. 127. Is accused again by the Spanish Ambassador p. 144 Renders an account in Parliament of the Fleet p. 190. And also speaks on his own behalf p. 191. Queries in Parliament concerning the Duke p. 221. Sir John Elliot concerning the Duke p. 224. The Kings Speech on behalf of the Duke p. 225. Lord Keeper to the same purpose p. 227. The Duke explains the Kings and the Lord Keepers Speech in Parliament p. 229. And renders an account of his Negotiation in the Low Countreys and elswhere p. 231. Is vindicated by the Lord Conway p. 235. The Commons present a Remonstrance against him p. 247. Private advice given him p. 250. The Dukes answer to a Message from the Commons p. 251. Articles exhibited against him by Bristol p. 266. The Kings Message on behalf of the Duke against Bristol p. 270. Impeached by the Commons p. 307. managed at a Conference by Eight Members p. 306 307 308 c. Private suggestions on behalf of the Duke p. 360. The Kings Speech on his behalf p. 361. A Message from the Commons against him p. 361. His Speech against them p. 367. Sir Dudley Carlton concerning him p. 362 363. Dissatisfied at the release of Sir John Elliot p. 365. Sir John Elliots explanation concerning him p. 366. Is chosen Chancellor of Cambridge p. 375. His Letter to that University p. 377. The Kings Letter on his behalf p. 378. His Speech in Parliament before he gave in his Answer p. 379. His Plea and Answer to the Impeachment p. 380 c. The King prefers an Information against him in Star-Chamber p. 417. Sets sail with the Fleet p. 429. Lands his Army at the Isle of Rhee p. 430. And had a hot encounter with the French p. 431. Omits to take in the little Fort ibid. Lays siege to the Cittadel at St. Martins ibid. Retreats with the Army from Rhee p. 469. Declared cause of all grievances p. 615. Desires to clear himself concerning some words supposed to be spoken by him p. 639. And charges one Melvin for speaking words against him ibid. Is slain at Portsmouth p. 647. The King receives news of his Death ibid. Burlacy Sir John p. 15 Burroughs Captain p. 15 40 Burroughs Sir John slain at Rhee p. 200 C. CAlthrop Mr. p. 464. Appendix 49 Carlile Earl p. 173 Carlton Sir Dudley p. 76.362 363 Carmarthen Mr. his Answer about Customs p. 668 Cautionary Towns in the Netherlands delivered up p. 3 Chambers Mr. questioned at the Council and committed p. 651. Brings his Habeas Corpus ibid. is bailed p. 652. his Goods seised on for not paying of Customs p. 653. A Writ of Replevin denied him ibid. Proceedings in Star-Chamber against him p. 680. His Sentence p. 681. His submission tendred p. 682. His refusal thereof p. 683. His Plea in the Exchequer against the jurisdiction of the Court of Star-Chamber ibid. Brought upon Habeas Corpus p. 686. His Petition to the long Parliament p. 687. His Death p. 689 Charls Prince his Letter to Philip the Fourth of Spain about the Match p. 59. Goes disguised into Spain p. 76. Had a sight of the Princess Henrietta Maria as the passed through France ibid. His reception and entertainment in Spain p. 77. Endeavors used to make him change his Religion p. 78. The Popes Letter to him ibid. His Answer thereunto p. 82. Swears to