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A40689 The sovereigns prerogative and the subjects priviledge discussed betwixt courtiers and patriots in Parliament, the third and fourth yeares of the reign of King Charles : together with the grand mysteries of state then in agitation. England and Wales. Parliament.; Fuller, Thomas, 1608-1661. 1657 (1657) Wing F2467; ESTC R16084 264,989 306

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judging of a Parliament to be the antient speediest best way in this time of common Danger to give such supply as to secure our selves and to save our Friends from imminent ruine have called you together Every man must do according to his conscience Wherefore if you which God forbid should not doe your duties in contributing what the State at this time needs I must in discharge of my conscience use those other meanes which God hath put into my hands to save that which the follies of particular men may hazard to loose Take not this as a threatning for I scorn to threaten any but my equals but an admonition from him that both out of nature and dutie have most care of your preservations and prosperities and though I thus speak I hope that your endeavours at this time will be such as shall not onely make me approve your former Counsels but lay on me such obligations as shall binde me by way of thankfulness to meet often for be assured that nothing can be more pleasing to me then to keep a good correspondence with you I will onely adde one thing more and then leave my Lord Keeper to make a short paraphrase upon the Text I have delivered you which is to remember a thing to the end we may forget it You may imagine that I came here with a doubt of success of what I desire remembring the distractions at the last meeting but I assure you that I shall very easily and gladly forget and forgive what is past so that you will at this present time leave the former waies of distractions and follow the counsell late given you to maintain the unity of the Spirit in the bond of Peace The Lord Keeper Coventry's Speech 17. March 1627. My Lords and you the Knights Citizens and Burgesses of the House of Commons IF I had been delighted in long speaking yet the example and commandment of his Majestie hath been more then enough to refraine the superfluitie of that humour but here is yet more For that short and excellent compacted Speech which you have heard from his Majestie begins with a reason It is a time for action and not for speech Examples and Command master the VVill and Reason the Understanding and therefore you may expect nothing from me but brevity You have heard the matter already and I doubt not but with reverence as the weight and authority requires you have imprinted it in your mindes and the matter being known long speeches from me were but babling to beat the aire Yee are here in Parliament by his Majesties writ and royall command to consult and conclude of the weightie and urgent businesse of this Kingdome VVeighty it is and great as great as the honour safety and protection of Religion King and Country and what can be greater Urgent it is It is little pleasure to tell or think how urgent and to tell it with circumstances were a long work I will but touch the summe of it in few words The Pope and House of Austria have long affected the one a Spiritual the other a Temporal Monarchie and to effect their ends to serve each others turn the House of Austria besides the rich and vast Territories of both the Indies and in Africa joined together are become Masters of Spain and Italy and the great country of Germany And although France be not under their subjection yet they have endeavoured all about him the very bowells of the Kingdome swaied by the Popish faction they have gotten such a part and such interest in the Government that under pretence of Religion to root out the Protestants and our Religion they have drawn the King to their adherence so farre that albeit upon his Majesties interposition by his Ambassadours and his engagement of his royall word there was between the King and his Subjects Articles of agreement and the Subjects were quiet whereby his Majestie interessed in that great Treaty was bound to see a true accomplishment yet against that strict alliance that Treaty hath been broken and those of the Religion have been put to all extremity and undoubtedly will be ruinated without present help so as that King is not onely diverted from assisting the common Cause but hath been misled to engage himself in hostile acts against our King or other Princes making way thereby for the House of Austria to the ruine of his own and other Kingdomes Other Potentates that in former times did ballance and interrupt the growing greatnesse of the House of Austria are now removed and diverted The Turk hath made peace with the Emperour and turned himself wholly into warrs with Asia the King of Sweden is embroiled in a warre with Poland which is invented by Spanish practices to keep that King from succouring our part the King of Denmark is chased out of his Kingdome on this and on that side the Sound so as the house of Austria is on the point to command all the Sea-coasts from Dan●zick to Emden and all the Rivers falling into the Sea in that great extent so as besides their power by Land they beginne to threaten our part by Sea to the subversion of all our State In the Baltique Sea they are providing and arming all the ships they can build or hire and have at this time their Ambassadours threatning at Lubeck to draw into their service the Hans-Townes whereby taking from us and our neighbours the East-land trade by which our Shipping is supplied they expect without any blow given to make themselves masters of the Sea In those Western parts by the Dunkerkers and by the now French and Spanish Admirall to the ruine of Fishing of infinite consequence both to us and the Low Countries they infest all our coast so as wee passe not safely from port to port And that Fleet which lately assisted the French at the Isle of Ree is now preparing at St. Andrea with other ships built in the coast of Biscai to re-inforce it and a greater Fleet is making ready at Lisbon where besides their own they do serve themselves upon all strangers bottoms coming to that coast for trade And these great preparations are no doubt to assault us in England or Ireland as they shall finde advantage and a place fit for their turn Our friends of the Netherlands besides the feare that justly troubles them lest the whole force of the Emperour may fall down upon them are distracted by their Voyages into the East which hath carried both men and money into another world and almost divided them at home Thus are we even ready on all sides to be swallowed up the Emperour France and Spain being in open warr against us Germany over-run the King of Denmark distressed the King of Sweden diverted and the Low-Countrey-men disabled to give us assistance I speak not this to increase fear unworthy of English courages but to presse to provision worthy the wisdome of a Parliament And for that cause his Majestie hath called you
no meaning of barring you from what hath been your Right but in the manner to avoid all scandals on his Councel and actions past his Ministers might not be nor himself under their names taxed for their Councels and that no such particulers should be taken in hand as would ask a longer time of consideration then what he hath already prefixed and still resolves to hold that so for this time Christendom might have notice of a sweet parting between him and his people which if it falls out his Majesty will not be long from another meeting when such grievances if there be any at their leasure and convenience may be considered The KINGS speech 7 June THe answer I have already given you was made with so good deliberation and approved by the judgement of so many wise men that I could not have imagined but it should have given you full satisfaction But to avoid all ambiguous interpretations and to shew you that there is no doubleness in my meaning I am willing to please you in words as well as in substance Read your Petition and you shall have an answer I am sure will please you Then the Petition of Right was read and again the whole PARLIAMENT spake MAy it please your most Excellent Majesty The Lords spiritual and temporal and Commons in Parliament Assembled taking into their considerations that the good intelligence between your Majesty and your people doth much depend upon your Majesties answer unto their Petition of Right formerly presented with an unanimous consent unto your Majesty Do most humbly beseech your Majesty that you will be gratiously pleased to give a satisfactory answer thereunto in full Parliament Soit droit fait come est desire par le Petition Let right be done as is desired by the Petition The KING again THis I am sure is full yet no more then I granted you in my first answer for the meaning of that was to confirm all your Liberties knowing according to your own protestations that you neither mean nor can hurt my Prerogative And I assure you my Maxim is that the peoples Liberties strengthen the Kings Prerogative and the Kings Prerogative is to defend the peoples Liberties You see now how ready I have shewn my self to satisfie your demands so that I have done my part wherefore if this Parliament hath not a happy conclusion the sin is yours I am free of it The Motions of the Lower-house to the Higher 7. June 1628. THat the new granted subsedies might be expended especially upon three or four of the most necessary of those Propositions propounded by his Majesty That they thought the most necessary imployments for the subsedies were first the repairing of our new impaired Navy Royal and the decayed Sea munition Secondly the re-edifying of the breaches made in our Forts and Haven Towns Thirdly by a supply and speedy aid and assistance for Denmark And whether in these they have judged rightly or not the eminent and incroaching dangers of the present times might be a guide Also they made Declaration of the late Suits and Petitions of our Marriners having lately received from them a Bill of grievances against the Duke for defect of payment and that not of some few but the whole Company And that if herein they had not sudden redress they must be forced to right themselves upon him as they shall finde opportunity Herein the Commons did declare that they thought themselves bound in Conscience as helping the oppressed and in pollicie in preventing all such combustions to patronize and cherish them Also they thought it expedient that all such books as have been questioned in Parliament and since tollerated might after the dissolving thereof by the virtue of the former Protection pass uncontroulable and the Authors thereof without molestation In the interim that this latter Proposition was debating upon just occasion being offered S r. THOMAS WENTVVORTH delivered himself thus RIght wise Right worthy how many instigations importune the sequel of my words 1. The equity of your proceedings 2. The honnesty of my request for I behold all your intendments grounded upon discretion and goodness and your constitutions steered as well by charity as the extreamity of Justice This order I say and method of your proceedings together with the opportunity offered of the subject in hand have imboldned me to sollicit for an extention of the late granted Protections in general The Lawfulness and honnesty of the Proposition depends upon these particulers 1. The present troubles of the parties protected having run themselves into further and almost irrecoverable hazard by presuming upon and feeding themselves with the hopes of a long continuing Parliament let the second be this consequence That which is prejudicial to the most ought to administer matter of advantage to the rest Sith then our interpellations and disturbations amongst our selves are unpleasing to all most all if any benefit may be collected let it fall upon these for I think the breach of our Sessions can befriend none but such nor such neither but by means of this grant before hand And because it is profitable that his Majesty may cause a remeeting the next Michalmass let thither also reach there prescribed time for Liberty and that till then there protections shall remain in as full virtue and Authority as if the Parliament were actually sitting This Speech at the first bred some distaste but afterwards seriously weighing the premises they easily and at last generally condiscended and so it is this day preferred to the Higher House The KINGS Message to the Lower House by S r. HUMFREY MAY 10. of June 1628. HIs Majesty is well pleased that your return of Right and his answer be not onely recorded in both Houses of Parliament but also in all the Courts of Westminster And that his pleasure is it be put in print for his Honour and the content and satisfaction of his people and that you proceed cheerfully to settle businesses for the good and reformation of the Common-wealth Eeight particulars all voted in the House of Commons 11. June 1628. THe excessive power of the Duke of Buckingham and the abuse thereof is the chief and principal Cause of all the mischiefs that have happened to the King and Kingdom 1. Innovation of Religion 2. Innovation of Government 3. Disasters of designs abroad 4. Not guarding of the Narrow Seas 5. Not guarding the Forts 6. The decay of Trade 7. The decay of Shipping 8. The want of Munition The first Remonstrance Most dread Soveraign AS with all Humble thankfulness we your dutifull Commons now in Parliament Assembled do acknowledge the great comfort we have had in the assurance of your Majesties pious and gracious disposition So we think it our most necessary duty being called by your Majesty to consult and advise of the great and urgent affairs of this Church and Common-wealth And findeing them at this time in apparent danger of ruine and destruction faithfully and dutifully to enform your
of other wayes of raising of monies so particularlie by imposition gave us just cause to suspect that what ever was your Majesties own gratious intention yet there wanted not those that under some colourable pretence might secretlie by this as by other wayes contrive to change the frame both of Religion and Government and thereby undermine the safetie of your Majestie and your Kingdoms these men could not be ignorant that the bringing in of strangers for aid hath been pernitious to most States where they have been admitted but to England fatall We do bless God that hath given your Majestie a wise and understanding heart to discern of the mischief of such courses and that such power produceth nothing but weakness and calamitie And we beseech your Majestie to pardon the vehemencie of our expressions if in the loyall and zealous affections we bear to your Majestie and your service we are bould to declare to your Majestie and the whole world that we hold it far beneath the heart of any free English man to think that this victorious Nation should now stand in need of Germaine Souldiers to defend their own King and Kingdom But when we consider the courses formerlie mentioned concerning the undermining of Religion and these things tending to an apparant change of government the often breach of Parliaments where by your Majestie hath been deprived of the faithful Councels and free aids of your people The taking of tonnage and pondage without any grant thereof by Act of Parliament ever since the beginning of your Majesties raign to this present The standing commission granted to the Duke of Buckingham to be General of an Army within the land in the time of peace The displaceing of faithfull and sufficient Officers and Ministers some from Judicial places and others from the Offices and Authorities which formerly they held in the Common-Wealth we cannot but at the sight of such an approaching desolation as must necessarilie follow these courses out of the depth of sorrow lift up our cries to Heaven for help and next under God humbly applie our selves to your sacred Majestie and falling down at your feet do beseech you to harken to the voice of all your people who if you could hear so many thousands speaking altogether would all joyntly implore speedy help and reformation And if yet your Majestie will be pleased to take a further view of the present estate of your Realm we do humblie pray you to consider whether the miserable disasters and ill success that hath accompanied all your late designes and actions particularly those of Cales the Isle of Rhee and the last expedition to Rochel have not extreamlie wasted that stock of honour that was left unto this Kingdom sometimes terrible to all other Nations and now declining to contempt beneath the meanest together with our honour we there lost those and that not a few who had they lived we might have had some better hope of recovering it again Our valiant Collonels Captains and Commanders and many thousand common Souldiers and Marriners though we have some cause to think that your Majestie is not as yet rightlie enformed thereof and that of six or seaven thousand of your Subjects lost at the Isle of Rhee your Majesty received information but of a few hundreds And that all this dishonour and loss hath been purchased with the Consumption of above a million of Treasure many of your Forts are exceeding weak and decayed and want both men and munition And here we cannot but with grief consider and complain of a strange improvidence we think your Majestie will call it treacherie That your store of powder which by order of your privy Councel dated the tenth day of December 1626. should be constantly three hundred last besides a continual supplie of Twentie last a moneth for ordinarie expences and were now fit as we conceive to be double That proportion is at this time in the Tower the present warrants being served but nine last and forty pound in all which we tremble to think of And that notwithdanding this extream scarcitie of powder great quatities have been permitted to be sould out of your Majesties store to particular persons for private gain whereof we have seen a certificate of fortie six last sould since the fourteenth of Ianuary last And your Majesties store being unfurnished of powder which by a contract made with Mr. Evelin by the advise of the Lords in Parliament ought to be supplied monthly with twentie last at the rate of 3 l. 10. s. 10. d. the barrel Your Majestie hath been forced to pay above 7. l. a barrel for powder to be brought from beyond the Seas for which purpose 12400. l. hath been imprest to Mr. Burlamacho the last year and that powder not so good as that which by contract your Majestie should have of your own by one third part All which are most fearfull and dangerous abuses But what the poverty weakness and miserie your Kingdom is now grown unto by decay of trade by destruction and loss of ships and Marriners within these three last years we are almost afraid to declare And could we have been assured that your Majesty should any other way have had a true information thereof we should have been doubtfull to have made our weakness and extreamity of misfortune in this kinde to appear But the importunate and most pittifull complaints from all the parts of your Kingdom near adjoyning to the sea in this kinde would rend we think the strongest heart in the world with sorrow And the sence we have of the miserable condition your Kingdoms is in by reason thereof especially for that we see no present possible means being now shortly to end this session how to help the same adds such a weight of grief unto our sadd thoughts as we have no words to express it But for your Majesties more exact reformation herein we beseech you be pleased to peruse the Kallandar of particulars which with this our Remonstrance we most humbly present unto your Majestie One reason amongst many others of this decay of trade and loss of ships Marriners is the not guarding seas the Regalitie whereof your Majesty hath now in a manner wholly lost and that wherein a principal part of the honour and safetie of this Kingdom heretofore consisted in having the absolute command of the seas is now so neglected that the Town of Dunkerk doth so continuallie beat robb and spoil your Subjects that we can assure your Majestie if some present and effectual remedie be not forthwith provided the whole trade of this Kingdom the shipping and Marriners belonging thereunto will be utterly lost and consumed The principal cause of these Evils and Dangers we conceive to be the excessive power of the Duke of Buckingham and the abuse of that power And we humbly submit it to your Majesties Excellent wisdom whether it can be either safe for your self or your Kingdom that so great power as rests in him both by
King is as an Angel of God of a quick of a noble and just apprehension he straines not at gnats he will easily distinguish between a vapour and a fogg between a mist of errour and a cloud of evill right he knowes if the heart be right Out of the abundance of the heart the mouth speakes You proceed to a survey of the lustre of this great and glorious Assemblie and in that as in a curious Crystall you observe the true happinesse which we all here enjoy You have distributed and divided aright and whosoever sees it otherwise hath an evill eye or a false glasse We have enjoyed it long through the happy meanes of gracious and good Princes and the way to enjoy it still is to know and heartily to acknowledge it and that God hath not done so to any other Nation It is a prime cause or meanes of this our happinesse You mention the forme of Government under which we live a Monarchie and the best of Monarchies where Sovereignty is hereditarie no Inter-Regnum nor competition for a Crown Descent and Succession are all one The Spirit of God by the mouth of the wisest of Kings long since proclaimed this happinesse Blessed art thou O Land where thy King is the son of Nobles The frames of other States are subject some to inconstant Levitie some to Faction some to Emulation and Ambition and all to manifold Distempers in which the People go to wrack The Monarchie is most naturall and in it Unity is the best cement of all government principally in respect of the unity of the Head which commands the rest And therefore other States when they have tryed a while doe for the most part resolve into this as into the best for Peace for Strength and for Continuance But formes of other governments though never so exact move not of themselves but are moved of their governours And therefore our Monarchie as you have truly said this glorious Assemblie the lively image and representation of our Monarchie is made happy and perfect by the Royall Presence that sits here in his highest Royal Throne the Throne of the Law-giver glorious in it selfe glorious by those happy Lawes and Oracles which have issued from it and most glorious by them that sit on it his Majestie and his Royall Progenitours incomparable Kings that with so much honour have swayed the Sceptre of this Kingdome so many successions of Ages In the next place after the Throne of Majestie you look into the Chaire of Doctrine the reverend Prelates and upon the state of Religion their proper charge This is the blessing of all blessings the priviledge and assurance that secures us of all the rest that as our Religion is most sincere and orthodoxe so our Clergie is eminent both for purity of Doctrine and integritie of Life our Priests are clothed with righteousnesse and their lips preserve knowledge and therefore God's Saints may and doe sing with joyfulnesse I must joyn with you in attributing this transcendent blessing to us as in the first place to God's goodnesse so in the second to his Majestie 's piety who following the steps of his ever-blessed Father is carefull that all the Lamps of the Church may be furnished with Oyle and especially those which are set on golden Candle-sticks with the purest and best oyle The Schools also and nurceries of Learning never so replenished especially with Divinity as in this last Age as they all shew his Majestie 's Piety so are they infallible Arguments of his Constancy The triall which you call the fierie triall undergone by his Majestie in the place of danger and again the power and policie of Rome and Spaine hath approved his resolution inimitable and his own remarkable example in his closet and his chamber his strict over-sight of and command to his Houshold servants and his charge to his Bishops and Judges his Edicts his Proclamations and Commissions and the like for the execution of the Lawes and his general care to preserve the fountain pure both from Schisme and Superstition are faire fruits and effects of a pious and zealous resolution From the chaire of Doctrine you turn to the state of Honour unto the Nobles and Barons of England These are Rob●r belli who for the service of the King and Kingdome are to make good with their Swords what the Church-men must hallow and blesse by their Prayers And therefore as the Prelates are the great Lights of the Church so the Nobility are the Starres of the State and you know that the starres have fought and fought powerfully against the enemies of God From the state of Honour you come to the state of Justice and to the twelve Lyons under Solomon's Throne the Iudges and Sages of the Law and as their peculiar charge intrusted to them by our Sovereigne the Lawes of the Kingdome Lawes undoubtedly fitted to the constitution of this people for Leges Angliae and Consuetudines Angliae are Synonyma and Consuetudo est altera natura so as besides the justnesse and rightnesse of the Lawes they are become naturall to our people and that is one of the powerfullest meanes which begetteth obedience and such Lawes in the mouthes of learned and upright Judges are like waters in a pure chanel which the fairer it runs the clearer they run and produce that whereof Solomon speaks Prov. 29.2 When the righteous are in authority the People rejoyce From the Law you passe to the Knights Citizens and Burgesses and the third Estate who represent the Commons of England in whom the Scripture is verified In the multitude of People is the Kings honour and therefore you may be sure that distance of place and order breeds no distance in affection for wise Kings ever lay their honour next to their hearts Kings are Pastores populi and the Shepherds care is nothing lesse to the furthest then to the next part of his Flock and it is asmuch towards the least of his Lambs as towards the greatest Cattel And as in the Natural bodie no member is so remote but it is still within the care of the head so in this great Politick bodie of the Kingdome no ranck or order of People so low is at such distance from the Throne but it dayly feeles the influence and benefit of the Kings care and protection And to say the truth in a well-governed Kingdome the superiour rancks of Nobles of Judges and of Magistrates are not ordained for themselves but as conduits for the Kings justice protection and goodnesse to the lower rancks of his People And as the People are so its just cause they should be constant to the Poles of Love and Loyalty And thus having perused both Houses by divided parts joyn them together and in that juncture you believe truly and materially that the greatest denyal of their joynt requests is The King will advise A note very remarkable It shewes the indulgence of Kings it shews also the wisdom and judgement of the Houses the
as I cannot without Scandall apprehend it I cannot without some Character or exception passe it And therefore I desire that such interposition may be left and that all other **** respects and goodnesses of his Majesty in the confidence of our own loyaltie and affections Now let us proceed to those services that concern him which I doubt not in the end will render us so reall unto him that we shall not need more help to endear us to his favour A Message by Secretary Coke from the King to the Lower House April 7. 1628. 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 ill successe of this Assemblie He also graciously taketh notice of that which is in agitation amongst us touching the freedome of our Persons and propriety of our Goods And that this particular care which he in no way misliketh may not retract our resolution for the generall good he willeth us cheerfully to proceed in both and to expresse our readinesse to supply his great Occasions upon assurance that we shall enjoy all our Rights and Liberties with as much freedome 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 to his Honour and the publick good whereof he doubteth not but you will be carefull he promiseth and assureth you that he will give way unto it and the more confidence you shall shew to his Grace and Goodnesse the more you shall prevaile to obtain your desires Sir Benjamin Ruddier's Speech upon the receipt of his Majestie 's Answer to the Petition against Recusants M r Speaker THe best thanks we can return his Majesty for his gracious and religious answer he hath given to our Petition is to move towards that which will both please him and secure our selves The dangers and necessities of the present state M r Speaker are so obvious to every mans eye and understanding and therefore so well known as to make a large and particular rehearsall of them would rather astonish our iudgements then refresh our memorie Wherefore in short and in grosse I will but only reflect upon the desperate condition of the Kings Vncle the King of Denmarke engaged from hence even to the hazzard of his own Kingdome in the quarrell of that royall and victorious Lady his Majesties Sister for the recovery of her and her childrens patrimony the preservation and reestablishment of the Religion in those Countreys so that the King is bound in nature in policie and in religion to relieve and assist both the persons and the cause to the utmost of his power Believe it M r Speaker the hindge of the many businesses mov'd in Germany doth not a little presse us to look about us at this time for if that great bodie were once united under one head it would crush all the rest with the weight of it Next let us a little look over into France there shall we find the poor men of our Religion exposed to the furie of an enraged King with a juster pretence against them then hath been at any time heretofore besides which is worse the Kings of Spain and France are united against them and us and made better friends then ever they meant to have been So that not to succour and support the Professours of our Religion will not only be infidelity and cruelty but improvidence and folly for their ill is ours If Rochel should be lost which is now in loosing and his Majesty not able to set out one ship to help it if it should be lost it would hazzard the totall extirpation of the Religion besides it would be an extraordinarie advantage to the King of France for shipping and as great a disadvantage to us in respect of the neighbourhood and if the Sound should be lost too whereby should we escape from being swallowed up by a Spanish invasion this Island would be more like to a prison then a Kingdome for we were not able to walke abroad These are dangers too many yet have I willingly abridged them for I had rather come to the remedy so should we all which consists only in money plentifully and speedily brought in wisely and judiciously laid out I doubt not but wee are all resolved to give wherefore Mr Speaker let us prepare our selves to give plentifully to satisfie the publick occasions to heave his Majesty out of necessity for necessity is the worst Counseller and I shall be verie sorry that we of all others should be guilty of placing ill Counsell about the King and now to think of sparing when all lies at the stake were the most undoing kind of prodigality Let us give speedily for delaie is the greatest danger of all dangers it will not only loose that which we give but that also which we would give And this I propound not as the Kings businesse but our way wherein every man in this house hath particular interest if his fortune his life his religion be any thing unto him Neither speak I this to divert the great businesse in hand but to hasten it for I love as well Mr Speaker to tread upon English ground as any man here doth The King's Message to the House of Commons by M r Speaker 12 April 1628. HIs Majesty having given timely notice to this House as well of the pressing of the time as of the necessity of supply hath long since expected some fruit of that which was so happily begun but finding an unexpected stop almost beyond all expectation after so good a beginning hath commanded me to tell you that without any further unnecessary delay you proceed with his businesses for however he hath been willing and consenting his affaires and ours should concurre and proceed together yet his meaning was not that one should give interruption to another nor the time to be spunne out upon any pretence upon which the common cause of Christendome doth so much depend He bids us therefore to take heed and force not him to make an unpleasing end of that which hath been so well begun The Petition concerning the billetting of Souldiers 14 April 1628. To the Kings most Excellent Majesty IN all humility complaining shew unto your most excellent Majesty your loyall and dutifull Commons now in Parliament assembled That whereas by the fundamentall Lawes of this your Realme every free-man hath and of right ought to have a full and absolute propriety in his goods and estate and that therefore the billetting and placing of Souldiers in the houses of any such free-man against his will is directly contrarie to the said Lawes under which we and our Ancestours have been so long and happily governed yet in apparent violation of the said ancient and undoubted right of all your Majesties most loyall Subjects of this your Kingdome
April 1628. Mr. Speaker WE are now upon a great business and the manner of handling it may be as great as the business it self I need not tell you that Liberty is a pretious thing for every man may set his own price upon it and he that doth not value it deserves to be valued accordingly for my own part I am clear without scruple that what we have resolved it according to Law and if any Judge in England were of a contrary opinion I am sure we should have heard of him before now Out of all question the very point the scope and drift of Magna Charta was to reduce the Regal to a Legal power in matters of imprisonment or else it had not been worth so much contending for But there have been Presidents brought to prove the practise and interpretation of the Law I confess I have heard many Presidents of utillity and respect but none at all of truth or of Law Certainly there is no Court of Justice in England that will discharge a Prisoner committed by the King Rege inconsulto without acquainting the King yet this good manners was never made or mentioned as a legal part of the delivery It is Objected that the King ought to have a trust left and deposited in him God forbid but he should And I say that it is impossible to take it from him for it lies not in the wit of man to devise such a Law as should be able to comprehend all particulers all accidents but that extraordinary cases must happen which when they come If they be disposed of for the Common good there will be no Law against them yet must the Law be general for otherwise admissions and exceptions will fret and eat out the Law to nothing God himself hath constituted a general Law of nature to govern the ordinary course of things he hath made no Laws for miracles Yet there is this observation of them that they are rather praeter naturam then contra naturam and alwayes propter bonos fines for Kings Prerogatives are rather besides the Law then against it and when they are directed to right ends for the publick good they are not onely concurring Laws but even Laws in singularity and excelling But to come nearer M r. Speaker let us consider where we are now what steps we have gone and gained the Kings learned Councel have acknowledged all the Laws to have been still in force the Judges have disallowed any Judgement against these Laws the Lords also have confessed that the Laws are in full strength they have further retained our resolution intire and without prejudice All this hitherto is for our advantage but above all his Majesty himself being publickly present declared by the mouth of my Lord Keeper before both the Houses that Magna Charta and the other six Statutes are in force that he will maintain his Subjects in the liberty of their Persons and the propriety of their goods that he will govern according to the Laws of the Kingdom this is a solemne and bindeing satisfaction expressing his gracious readiness to comply with his People in all their reasonable and just desires The King is a good man and it is no diminution to be called so for whosoever is a good man shall be greater then a King that is not so The King certainly is exceeding tender of his present Honour and of his same hereafter he will think it hard to have a worse mark set upon him and his Government then any of his Ancestors by extraordinary restraints his Majesty hath already intimated unto us by a message that he doth willingly give way to have the abuse of power reformed by which I do verily believe that he doth very well understand what a miserable power it is which hath produced so much weakness to himself and to the Kingdom and it is our happiness that he is so foreward to redress it For my own part I shall be very glad to see that good old decrepit Law of Magna Charta which hath so long kept in and lain as it were bedrid I should be glad I say to see it walk abroad again with new vigour and lustre attended by the other six Statutes questionless it will be a general hartning to all the People I doubt not but by a debating conference with the Lords we shall happily fall upon a fair and fit accommodation concerning the Liberty of our Persons and propriety of our goods I hope we have a Bill to agree in the point against imprisonment for Loanes or privy Seals as for intrincical power and reason of State they are matters in the clouds where I desire we may leave them and not meddle in them at all least by way of admittance we may loose somewhat of that which is our own already Yet this by the way I will say of reason of State that in the latitude as it is used it hath eaten out almost not onely all the Laws but all the Religion of Christendom Now M r. Speaker I will onely remember you of one precept and that of the wisest Man Be not overwise be not over just and he cited his reason for why wilt thou be desolate Sir if Justice and Wisedom may be stretcht to desolation let us thereby learn that moderation is the virtue of virtues and the wisedom of wisedomes Let it be our Master-piece so to carry our business as we may keep Parliaments on foot for as long as they are frequent there will be no irregular power which though it cannot be broken at once yet in short time it will fade and moulter away there can be no total and final loss of Liberty but by loss of Parliaments as long as they last what we cannot get at one time we may have at another Let no man think that what I have said is the language of a private end my aim is upon the good success of the whole for I thank God my minde stands above any fortune that is to be gotten by base and unworthy means No man is bound to be rich or great no nor to be wise but every man is bound to be honnest out of which heart I have spoken The Lord KEEPERS speech 28. April 1628. MY Lords Knights and Burgesses of the House of Commons I cannot but remember the great and important affairs concerning the safety both of State and Religion declared at first from his own mouth to be the cause of assembling this Parliament the fear whereof as it doth dayly increase with his Majesty so it ought to do and his Majesty doubts not but it doth so with you since the danger encreaseth every day both by effluction of time and preparation of the enemy Yet his Majesty doth well weigh that this expence of time hath been occasion by the debate that hath risen in both Houses touching the Liberty of both Subjects in which as his Majesty takes in good part the purpose and intent of the Houses so clearly and
means left of refuge or defence for if we have these Enemies at home how can we strive with those that are abroad If we be free from these no other can impeach us our antient English virtue that old Sparton valour cleared from these disorders being in sincerity of Religion once made friends with Heaven having maturity of Councels sufficency of Generals Incorruption of Officers opulency in the King Liberty in the People repletion in Treasures restitution of Provisions reparation of Ships preservation of Men. Our Antient English virtue thus rectefied I say will secure us and unless there be a speedy reformation in these I know not what hopes or expectations we may have These things Sir I shall desire to have taken into consideration That as we are the great Councel of the Kingdom and have the apprehension of these dangers we may truely represent them unto the King wherein I conceive we are bound by a treble Obligation of duty unto God of duty to his Majesty and of duty to our Countrey And therefore I wish it may so stand with the wisdom and Judgement of the House that they may be drawn into the body of a Remonstrance and therein all humbly expressed with a prayer unto his Majesty for the safety of himself and for the safetie of the Kingdom and for the safety of Religion That he will be pleased to give us time to make perfect inquisition thereof or to take them into his own wisdom and there give them such timely reformation as the necessity of the cause and his Justice doth import And thus Sr. with a large affection and Loyalty to his Majesty and with a firm duty and service to my Countrey I have suddenly and it may be with some disorder expressed the weak apprehension I have wherein if I have erred I humbly crave your Pardon and so submit to the censure of the House A Report from the COMMITTEE for Trade 4. June 1628. IN all other parts of Christendom there is great care with much cost to raise Forts and walled Towns onely for defence in time of War and great charge to make Engines and Weapons to offend the Enemy of little or no use in time of Peace Whereas in England the Rampires the Bulwarks and Ships and those also for offence of the Enemy our best Weapons are Engines And this also in time of Peace best instruments of our Wealth even as usefull as the Plough or Cart. But our shipping and our strength of Marriners within these three years is much decayed in general But the decay of Trade through disturbance of the Merchant by new Impositions and troubles for want of a certain and well established book of Rate and Bill of Tonnage and Poundage used heretofore to be given for guarding of the Seas By reason that the Seas are not guarded so That our Coasts are infested Our Fishermen driven from their Trade And all our Coasting smaller shipping so disturbed or taken that in all parts of the Kingdom Sea-faring men give over and the Seas are forsaken More particularly THat of our shipping of countenance of 100. Tuns or upwards in the last three years there have been decayed cast away and taken by the Enemy between Dover and New-Castle 248. great ships and with them proportionable number of Marriners besides great and inestimable losses in less Vessels The causes whereof are diverse disorders in the late mannaging of Sea Affairs before the imployment of Ships and Men in his Majesties service FIrst By pressing and taking up Merchants ships laden and bound out upon Voyages Secondly By too frequent and general imbarques of shipping Thirdly By taking out of ships unseasonably and and unreasonable numbers their best men so forcing them ill Mann'd to Winter Voyages c. Fourthly By giving too little allowance of Wages and 2. shill. per Tun for Fraight of ships so taken being but half that which Marchants allow Fifthly By faults of inferior Ministers men and ships discharged after presses or imbarques are put to such charge that all decline not onely the service but the Trade of fishing and Sea-fareing Those that are really prest come far from the West or the North to Chatham early in the year and so with few Cloaths at the end of the Summer nasty and weak infect themselves and others And in the imployment FIrst Are Commanders weak young ignorant Captains c. Secondly Are not provided of good Chirurgeons and extraordinaries necessary for sick men Thirdly Both ships and men contrary to the wisdom of former times are set out in Winter Voyages long and dark nights and in our Northern Seas upon our dangerous Coasts which have consumed a World of our Marriners and discouraged others After the imployment FIrst If the Marriners come home sick no Hospitals or Guest-Houses as in other Countreys to relieve them Secondly If after all their miseries they return well they are forced to sue for their due Wages till all they have is spent Opportunity of new imployment is lost and themselves so discouraged or put out of heart that they either run away to the Enemy or put themselves in forraign service or betake themselves to any thing rather then the Sea life And those whose ships have been taken up 36. Moneths some 30. some 20. some more some less still complain they are not paid the small fraight of 2. shill. per Tun at first promised By this means they have neither Money nor will to repair their ships and none build new almost in any part by reason of their discouragements and those that do build take care to build them unserviceable to avoid pressing or taking up The Remedies proposed in general FIrst That the State would be pleased to give all possible countenance and comfort to all sorts of Merchants and Fishermen both by better guarding of the Seas by settling of the Book of Rates and Customes and duties and by orderly regulating the many affairs according to the wisdom of former times imploying of skilfull and experienced men and more particulerly in allowing the old 5. shill. per Tun to all such as shall build new serviceable ships of 150. Tuns or upwards upon a Certificate made before the Judge of the Admiralty to be duly paid by some Collectors of the Customes without further trouble Secondly To increase the fraight from 2. shill. to 3. shill. per Tun and Tonnage to agree of the measure of Tonnage before the ships go into service that upon return speedy payment may be made by some setled and published assignment Thirdly That all arrearages due to owners of ships and Marriners that have served may be paid out of the subsedies and that a certain course of payment for the future may be established and published His Majesties Message to the House of Commons by the SPEAKER 6. June 1628. WHereas his Majesty understanding that you did conceive his last Message to restrain you in your just Priviledges These are to declare his intention that he had
Majestie thereof and with bleeding hearts and bended knees to crave such speedy redress therein as to your own wisdom unto which we humbly submit our selves and our desires shall seem most meet and convenient what the multitude and potency of your Majesties Enemies are abroad what be their malitious and ambitious ends and how vigilant and constantly industrious they are in pursuing the same is well known to your Majesty Together with the dangers threatned thereby to your sacred Person and your Kingdoms and the calamity which hath already fallen and doth dayly increase upon your Friends and Allies of which we are all well assured your Majesty is most sensible and will accordingly in your own great wisdom and with the gravest and most mature Councel according to the exigency of the times and occasions provide by all means to prevent and help the same To which end we most humbly intreat your Majesty first and especially to cast your eyes upon the miserable condition of this your own Kingdom of late so strangely weakned impoverished dishonoured and dejected That unless through your Majesties most gracious wisdom goodness and Justice it be speedily raised to a better condition it is in no little danger to become a sudden prey to the Enemies thereof And of the most happy and flourishing to be the most miserable and contemptible Nation in the World In the discovery of which dangers mischiefs and inconveniences lying upon us we do freely protest that it is far from our thoughts to lay the least aspercion upon your Majesties sacred Person or the least scandal upon your Government for we do in all sincerity and with all joyfulness of heart not onely for our selves but in the name of the whole Commons of England whom we represent ascribe as much honour to your Majesty and acknowledge as much duty as a most loyal and affectionate people can do unto the best King for so you are and so you have been pleased abundantly to express your self this present Parliament by your Majesties clear and satisfactory answer to our Petition of Right for which both we our selves and our posterities shall bless God for you and ever preserve a thankfull memory of your great goodness and Justice therein and we do verily believe that all or most of those things which we shall now present unto your Majesty are either unknown unto your Majesty or else by some of your Majesties Ministers offered under such specious pretences as may hide their own bad intentions ill consequence of them from your Majesty But we assure our selves that according to the good example of your most noble Predecessors nothing can make your Majesty being a Wise and Judicious Prince and above all things desirous of the welfare of your people more in love with Parliaments then this which is one of the principal ends of calling them that therein you may be truely informed of the State of all the several parts of your Kingdom and how your Officers and Ministers do behave themselves in discharge of the trust reposed in them by your Majesty which is scarce possible to be made known unto you but in Parliament as was declared by your blessed Father when he was pleased to put the Commons in Parliament assembled in minde that it would be the greatest unfaithfulness and breach of duty to his Majesty and of the trust committed to them by their Countrey that could be if in setting forth the grievances of the people and the condition of all the parts of this Kingdom from whence they came they did not deal clearly with him without sparing any how near and deer soever they were unto him if they were hurtfull or dangerous to the Common-wealth In confidence therefore of your Majesties gracious acceptation in a matter of so high importance and in faithfull discharge of our duties we do first of all most humbly beseech your Majesty to take notice that howsoever we know your Majesty doth with your Soul abhor that any such thing should be imagined or attempted yet there is a general fear conceived in your people of some secret working and combination to introduce into this your Kingdom innovacion and change of our holy Religion more precious to us then our lives and what ever this World can affoard Our fears and jealousies herein are not meerly conjectural but arising out of such certain and visible effects as may demonstrate a true and real cause For notwithstanding the many good and wholsom Laws and provisions made to prevent the increase of Popery within this Kingdom and notwithstanding your Majesties gracious and satisfactorie answer to the Petition of both Houses in that behalf presented unto your Majestie at Oxford we finde there hath followed no good execution or effect but on the contrary at which your Majestie out of the quick sence of your own Religious heart cannot but be in the highest measure displeased those of that Religion do finde extraordinarie favours and respects in Court from Persons of great quality and power there unto whom they continually resort and in particuler to the Countess of Buckingham who her self openly professing that Religion is a known favourer and supporter of them that do the same which we well hoped upon your Majesties answer to the aforesaid Petition of Oxford should not have been permitted nor that any of your Majesties Subjects of that Religion or justly to be suspected should be entertained in the service of your Majesty or of your Royal consort the Queen some likewise of that Religion have had Honours Offices and places of Command and Authority lately conferred upon them But that which striketh the greatest terrour into the hearts of your Loyal Subjects concerning this point is That Letters of stay of Legal proceedings against them have been procured from your Majesty by what indirect means we know not and Commissions under the great Seal granted and executed for compositions to be made with Popish Recusants with inhibitions and restraints both to the Ecclesiastical and Temporal Courts and Officers to intermeddle with them which is conceived to amount to no less then a toleration odious to God full of dishonour and extream disprofit to your Majestie of great scandal and grief to your good people and of apparent danger to the present estate of your Majestie and of this Kingdom their numbers power and insolencies dayly increasing in all parts of your Kingdom and in special about London and the Suburbs thereof where exceeding many families of them do make their aboad and publickly frequent Mass at Denmark House and other places and by their often meetings and conferences have opportunities of combining their counsels and strength together to the hazard of your Majesties safety and the State and especially in these doubtfull and calamitous times And as our fear concerning change or subversion of Religion is grounded upon the dayly increase of Papists the open and professed enemies thereof for the reasons formerly mentioned so are the hearts of your
good Subjects no less perplexed when with sorrow they behold a dayly growth and spreading of the faction of the Arminians that being as your Majestie well knows but a cunning way to bring in Popery and the professors of those opinions the common disturbers of the Protestant Churches and Incendiaries in those States wherein they have gotten any head being Protestants in shew but Jesuits in opinion and practise which caused your royall Father with so much pious wisedom and ardent zeal to endeavour the suppressing of them as well at home as in the neighbour Countries And your gratious Majestie imitating his most worthy example hath openly and by your proclamation declared your mislike of those persons and of their opinions who notwithstanding are much favoured and advanced not wanting friends even of the Clergy near to your Majestie namely Doctor Neal Bishop of Winchester and Doctor Lawd Bishop of Bath and Wells who are justly suspected to be unsound in their opinions that way And it being now generally held the way to preferment and promotion in the Church many Scholars do bend the course of their studies to maintain those Errors Their books and opinions are suffered to be printed and published and on the otherside the impression of such as are written against them and in defence of the Orthodoxall Religion is hindered and prohibited And which is a boldness almost incredible this restraint of Orthodox books is made under colour of your Majesties formerly mentioned proclamation the intent and meaning whereof we know was quite contrary And further to increase our fears concerning Innovation in Religion we finde that there hath been no small labouring to remove that which is the most powerfull means to strengthen and increase our own Religion and to oppose both these which is the diligent teaching and instructing the people in the true knowledge and worship of Almighty God and therefore means have been sought out to depress and discountenance pious painfull and Orthodox preachers and how conformable soever and peacefull in their disposition and carriage they be yet the preferment of such is opposed and insteed of being incourraged they are molested by vexatious courses and pursuites and hardly permitted to lecture even in those places where are no constant preaching Ministers whereby many of your good people whose souls in this case we beseech your Majestie to comiserate are kept in ignorance and are apt to be easily seduced to error and superstition It doth not a little also increase our dangers and fears this way to understand the miserable condition of your Kingdom of Ireland where without controul the Popish Religion is openly professed and practised in every part thereof Popish Jurisdiction being there generally exercised and avowed Monastries Numeries and other superstitious houses newly erected redified and replenished with men and women of several orders and in a plentifull manner maintained in Dublin and most of the great Towns and divers other places of the Kingdom which of what ill consequence it may prove if not seasonably exprest we leave to your Majesties wisedom to judge But most humblie beseech you as we assure our selves you will to lay the serious consideration thereof to your royal and pious heart and that some timelie course may be taked for redress therein And now if to all these your Majestie will be pleased to add the consideration of the circumstance of time wherein these courses tending to the destruction of true Religion within these your Kingdoms have been taken here even then when the same is with open force and violence prosecuted in other countries and all the reformed Churches of Christendom either depressed or miserably distressed we humblie appeal unto your Majesties Princely Judgment whether there be not just ground of fear that there is some secret and strong cooperating here with the enemies of our Religion abroad for the utter extirpation thereof And whether of these courses be not speedily redrest and the profession of true Religion more encouraged we can expect any other then misery and ruine speedily to fall upon us especially if besides the visible and apparant dangers wherewith we are compast round about you would be pleased piously to remember the dispeasure of Almightie God alwaies bent against the neglect of his holie Religion the stroak of whose divine Justice we have alreadie felt and do still feel in great measure And besides this fear of Innovation in Religion we do in like faithful discharge of our duties most humbly declare to your Majestie that the hearts of your people are full of fear of Innovation and change of government and accordingly possest with extream grief and sorrow yet in this point by your Majesties late answer to our Petition of right touching our libertie much comforted and raised again out of that sadness and discontent which they generallie had conceived throughout your whole Kingdom at the undue courses which were the last year taken for raising of money by loans then which what ever your Majestie hath been enformed to the contrarie there was never mony demanded or paid with greater grief and general dislike of all your faithfull Subjects though manie partly out of fear and partlie out of other respects yet most unwillinglie were drawn to yield to what was then required The billiting of souldiers did much augment both their fears and griefs wherein likewise they finde much comfort upon your late gratious Answer to our Petition of right and to that we presented to your Majestie concerning this particular yet we humblie beseech your Majestie that we may inform you that the still continuance and late re-enforcing of the numbers of those Souldiers the conditions of their Persons many of them being not Natives of this Kingdom nor of the same but of an opposite Religion the placing of them upon the Sea coast where making head among themseves they may unite with a Popish partie at home if occasion serve or joyn with an envading Enemy to do extream mischief and that they are not dismissed doth still minister cause of jelousie to your loving Sujects for that these Souldiers cannot be continued without exceeding great danger of the peace and safetie of your Kingdom The report of the strange and dangerous purpose of bringing in of Germain horses and Riders would have turned our doubts into dispair and our fears into a certainty of confusion had not your Majesties gratious Message for which we give you humble thanks comforted us by the assurance of your Royal word that they neither are nor were intended by your Majestie for any service in England but that they were designed for some forraign imployment yet the sight of the privie seal by which seemeth they were to be levied for this place the great some of money which upon examination we found had been made ever for that purpose That much about the same time there was a commission under the great Seal granted to the Lords and others of your privie Councel to consider as
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 any one man to mannage so many and so weightie affairs of the Kingdom as he hath undertaken besides the ordinary duties of those great offices which he holds some of which well performed would require the time and industrie of the ablest man both for Councel and action that your whole Kingdom could afford especially in these times of common danger And our humble desire further is that your most Excellent Majestie would be pleased to take it into your Princely consideration whether in respect the same Duke hath so abused his power it be safe for your Majestie and your Kingdoms to continue him either in his great offices of trust or in his place of nearness and Councel about your sacred person And thus in all humility aiming at nothing but the honour of Almightie God the maintenance of his true Religion the safetie and happiness of your most Excellent Majestie and the preservation and prosperitie of this Church and Common-Wealth we have endeavoured with faithfull hearts and intentions and in discharge of the dutie we owe to your Majestie and our Countrey to give your Majestie a true representation of our present dangers and pressing calamities which we humbly beseech your Majestie gratiously to accept and to take the same to heart acccompting the safety and prosperity of your people your greatest happiness and their love your richest treasure A rufull and lamentable spectacle we confess it must needs be to behold these ruines in so fair a house so many diseases and almost every one of them deadly in so strong and well tempered a bodie as this Kingdom latelie was yet we will not doubt but that God hath reserved this honour for your Majestie to restore the safety and happiness thereof again as a work worthy so Excellent a Prince For whose long life and true felicity we dayly pray and that your fame and never dying glory may be continued to all succeeding generations A Kallender or Schedule of the shipping of this Kingdom which have been taken by the enemy and lost at sea within the space of three years last past Taken by the Enemy Ships of the burthen of 100. Tun and upwards belonging to London The ships 77 and furniture vallued at 62000. l. Ipswich The ships 77 and furniture vallued at 62000. l. Newcastle The ships 77 and furniture vallued at 62000. l. Hull The ships 77 and furniture vallued at 62000. l. Yarmouth The ships 77 and furniture vallued at 62000. l. Aldborough The ships 77 and furniture vallued at 62000. l. Cast away Ships of the same burthen belonging to the same places 133 The ships and furniture vallued at 100000. l. Taken and cast away Ships of the like burthen belonging to Lynne 50 The ships and furniture vallued at 35000. l. Bristol 50 The ships and furniture vallued at 35000. l. Dartmouth 50 The ships and furniture vallued at 35000. l. Portsmouth 50 The ships and furniture vallued at 35000. l. Southampton 50 The ships and furniture vallued at 35000. l. Waymouth 50 The ships and furniture vallued at 35000. l. Exceter 50 The ships and furniture vallued at 35000. l. Shoram 50 The ships and furniture vallued at 35000. l. Harwich 50 The ships and furniture vallued at 35000. l. Dover 50 The ships and furniture vallued at 35000. l. Woodbridge 50 The ships and furniture vallued at 35000. l. Sandwich 50 The ships and furniture vallued at 35000. l. Some 260 ships vallued at 197000. l. Taken by the Enemy Ships of 100 Tonne belonging to London 130 The vallued not certified Newcastle 130 The vallued not certified Hull 130 The vallued not certified Boston 130 The vallued not certified Yarmouth 130 The vallued not certified Lynne 130 The vallued not certified Aldborough 130 The vallued not certified Dover 130 The vallued not certified The County of Sussex 130 The vallued not certified Pool 130 The vallued not certified Southampton 130 The vallued not certified Weymouth 130 The vallued not certified Exceter 130 The vallued not certified Dartmouth 130 The vallued not certified Bristol 130 The vallued not certified Iersey 130 The vallued not certified Scarbrough 130 The vallued not certified Soul and 130 The vallued not certified Dunwich 130 The vallued not certified Touching the Ports and Towns of Portsmouth great losses whereof no particular is given Westchester great losses whereof no particular is given Milfordhaven great losses whereof no particular is given Bridgwater great losses whereof no particular is given Bastable great losses whereof no particular is given Faymouth great losses whereof no particular is given Foy. great losses whereof no particular is given Lynne Regis great losses whereof no particular is given Isle of Whight great losses whereof no particular is given Colchester great losses whereof no particular is given Iersey great losses whereof no particular is given Low great losses whereof no particular is given Whitby great losses whereof no particular is given Bridlington great losses whereof no particular is given Blackney great losses whereof no particular is given Wels. great losses whereof no particular is given Orford great losses whereof no particular is given Brightling-sea great losses whereof no particular is given Rochester great losses whereof no particular is given and divers other small Ports great losses whereof no particular is given The goods and Merchandizes lost in the shipping aforesaid and in Flemish bottoms fraighted by English Merchants to be imported into this Kingdom are of exceeding great vallue the certainty whereof cannot now be expressed Onely one company of Merchants Trading to the Eastwards from London Ipswich Hull and New-castle in half this space of time have lost one hundred thousand pounds taken by the Enemy A Great Number of Marriners also proportionable to this loss of shipping have been taken and destroyed by the Enemy and cast away through disorderly pressing and forcing upon Winter voyages besides many more by reason of their discouragements and want of pay have either run away to the Enemy or betaken themselves to forraign service or to any other Trade rather then to lead a Sea-mans life to the inestimable loss and danger of the Kingdom The Kings Answer to the Remonstrance the 17 of June 1626. Gentlemen UPon my Answer to your Petition of Right I expected no such declaration from you which conteineth divers points of State touching the Church and Common-Wealth And I do conceive you do believe that I understood them better then your selves but since the reading thereof I perceive you understand these things less then I imagined notwithstanding I will take them into my consideration as they deserve The Kings Speech at the end of the Session June 26. IT may seem strange that I came so suddenly to end this Session therefore before I give any assent to the Bills I will tell you the cause though I must avow that I owe
happy conclusion and to the King's honour and our own safety Great and weighty things wound deep Cast your eyes which way you please and you shall see violations on all sides look at the liberty of the subject look on the priviledge of this House let any say if ever he saw the like violation by inferiour Ministers that over-do their command nay they say if all the Parliament were in you this would we do and justifie If we suffer the liberty of this House to wither out of fear or complement we give a wound to the happiness of this Kingdom Here the course of justice was interrupted and order in the Exchequer was made for stay of the goods since here is a seizure upon the approach of Parliament of goods amounting to 5000. l. for a pretended duty of 200 l. In the sight of King Iames by reason of the sickness that then was the Parliament was prorogued and then there was some boldness to take this Tonnage and Poundage for there was no right to demaund it Let us proceed with affection of duty to make up breaches let a Committee consider of these proceedings Mr. Littleton HEre Mr. Littleton made a short speech to second him and all to the same purpose but for brevity sake I omit it M. Littleton we have had good admonitions and have followed them we have moderation preached unto us in Parliament and we follow I would others did the like out of Parliament Let the parties be sent for that violated the liberties of the Parliament and have their doom This Speech was occasioned by Setretary Cook who in his Speech desired moderation might be used Sir Iohn Elliot I See by this Relation what cause we have to be tender of the liberty of the Kingdom and this House and yet withall to return that moderation as to give satisfaction to the world that our hearts are fixed to serve his Majesty and to free us from ofter of jealousie 3 Things are involved in this complaint First the Right of particular Gentlemen Secondly the Right of the Subject Thirdly the Right and priviledge of this House Let the Committee consider of the 2 former but for the violation of the liberty of this House let us not do less than our fathers Was ever the information of a Member committed to a Committee Let us send for the parties Is there here a bare denial of the restistution of the goods was it not also said that if all the Parliament were contained in him they would do as they did Let them be sent for It was ordered that the Officers of the Custome-house should be sent for Mr. Selden REported from the Committee concerning the printing of the Petition of Right that there were printed 1500 without any addition at all which were published in the time of the last Parliament but since the Parliament other Copies have been printed and these supprest and made waste paper which the Printer did as he said by command from Mr. Attorny which he received from his Majesty and the Printer further said that the Attorney was with the Lord Privy Seal at White-Hall and there delivered unto the Printer sundry papers with diverse hands to them and on the backside was endorsed thus We will command you that these copies be printed Friday 23. HIs Majesty sent the House a Message to this effect That he willed them to cease from the former debate of Tonnage and Poundage till the next day in the after-noone and that he would speak with them the next day in the after-noone at White-Hall in the Banqueting-house Saturday 24. THe King made a Speech to that purpose Munday 26. MR. Walter did inform the House that diverse ships were laden with corn for Spain whereupon a Committee was appointed to inquire of the trading into Spain and to other enemies transporting corn and other Munition thither it is also ordered that some of the prime Councel should presently move the King about stay of the ships MR. Secretay Cook then moved that the Bill of Tonnage and Poundage might be read and after some debate it was diverted and they fell upon points of Religion the which Mr. Rowse did first mention See his former Speech at large Sir Francis Beamor IF Religion be not a Rule to all our actions what pollicy can we have If God fight not our battailes the help of man is in vain In our defect the cause thereof is our defect in religion and the sin is Idolatry and Popery Papists encrease now more than ever they did neither do they want their Priests and Masses nay his Majesties name is used to stop proceedings against Papists and that since the Parliament contrary to his Majesties goodness and publick profession and contrary to his many proclamations and many instructions to the Judges and whatsoever is done in the country is undone above Mr. Kirton IF ever now it is time to speak We see what men are raised to preferment if we look not to it I shall more fear it than the Spanish Armado or the loss of the Sound Mountague was here questioned We see the King to all our comforts is right it comes not from him but some that are too near him are too busie in this The ambition of the Clergy brought these stories We see pulpits are full of them we see some that wear white and black 't is more than Mountague let us bend our wits to reforme them Mr. Sherland WE have a Religion that is worth the loving with all our hearts it was setled by the bloud of Martyrs and kept by miracles To have our noses wiped of this would grieve any heart more to see our Religion go away and designes made of it and Arminianism still to encrease as it doth If do admi I do perswade my self the greater part of the Clergy Nobility and Gentry are firm but it is the desire of some to labour to bring in a new faction of their own and so to drop into the ears of his Majesty that those that oppose them oppose his Majesty and so they put him upon designes that stand not with publick liberty that he commands what he lists with Lives Goods and Religion and doth as he pleaseth and so they involve all true hearted English-men and Christians under the name of Puritans and so make their quarrel to be his Majesties which is treason of the highest quality Tuesday 27. A Petition was exhibited concerning one Lewis that said about the 25 of December The Devill take the Parliament which was avowed by 2 witnesses It was resolved to be an offence to the Parliament and it was ordered he should be sent for SIr Nathaniel Rich tendered a Petition touching the Fast which was agreed to be preferred to the King It was ordered that a conference should be desired with the Lords about this Petition who were desired to joyn with the lower House which was done accordingly THe King sent a Message by Secretary Cooke to this effect
Throne sit the Lights of Justice your grave Iudges and Sages of the Law learned and just as many Ages have known and learning justice by your example Our Lawes as excellent as they are I am sure no humane Lawes excell them nor could so well suite with the constitution of this People were they in the power of corrupt or ignorant men I know not which were worse for one will perhaps oftner erre then the other bribe Justice could never keep her right chanel nor runne cleare as in your Majestie 's reigne it ever hath I must not forget the other Lights the Knights Citizens and Burgesses the Representative of their Estate who although they move lower and at more distance from your royall Person yet I am confident will ever be found constant to the Poles of Love and Loyaltie 'T is a gracious Favour of your Majestie and our former Kings I have often thought on that when both these Houses are humble suitors for any thing they are never denyed Le Roy s'aviserà The King will advise of it is the greatest denyall And I assure my self your Majestie shall finde all your Subjects so full of dutie to your Crown and of true and loyall affection to your royall Person that you shall never have cause to think your gracious Favours ill bestowed on them The Union of Hearts Sir is a greatnesse beyond that of the Kingdome to which you are Heire Et penitus toto divisos orbe Britannos it is a Name of advantage to this Island if the Division be not amongst our selves which the God of Unitie for his mercies sake forbid and so knit our Hearts in love one to another and all of us in duty and loyalty to your most excellent Majestie that this renowned Island perish not by our Distractions but may ever flourish and be like Ierusalem the Citie of God where his Name may be for ever honoured Great and glorious have been the Actions of your royal Predecessours yet greater remaine for your Majestie and most of theirs attend you for their perfection The first Christian King of Europe the first that abated the swelling pride of Rome by banishing his usurped power and God's true Vice-gerent the first that established the true Religion now profest were all Kings of England and the last a young one Queen Elizabeth was a woman yet Spaine hath cause to remember her the Protestants of France and the Low-Countries will never forget her And were Henry the Great alive he would say That in requitall of the love of this Kingdome shewed him he hath sent us one of his owne Loynes your royall Consort our most gracious Queen to propagate these blessings to us and our posteritie for ever Your royall Father of ever blessed and famous memorie had a Reigne like Solomon's for Religion no man knew more a lustre or advantage to him this Age shall deliver it to the next and all Ages shall see it in his Kingly Workes But while under his glorious Reigne we abode in peace and plenty our hands had forgot to warre and our fingers to fight till at last by your Princely mediation upon the humble suite of both these Houses the two Treaties were dissolved and a foundation laid for your Majestie to restore us to our antient and Military honour which I doubt not will quickly be Eritis sicut Dii was the Serpent's Counsell and ruined Mankinde nor is it fit for private men much lesse for me to search into the Counsells or Actions of Kings Onely Sir give me leave from an heart full of zeale to your glorie and greatnesse to say to your Majestie the Times require you Religion calls upon you to goe on with that Kingly Courage you have begune till the state of Christendome be settled in the right Balance again We see how the Eagle spreads his wings in Germany reaching with his talons as farre as the Sound and Baltick sea Denmark and Sweden in danger of utter ruine by seizing the Electorates the choice of the Empire invested in a manner solely in the House of Austria Our Religion in France and every where never so neare a period And we know who it is for whom all this works he of whom the boast is made Allà qui Monarqui nasciendo d'el monendo who by the ruine of us and our Religion will make a new Zodiack and draw an Ecliptick line through the East and West Indies But he that sits on high will in his good time laugh them to scorne and as that wife Woman said to King David God will make to my Lord the King a sure house if my Lord shall continue to fight the battels of Iehovah and let all England say Amen I have presumed too farre upon your royall Patience and therefore I will conclude with a few words for them that sent me who are humble suitours to your excellent Majestie First for our better attending the publick and important services that our selves and our necessary Attendants may be free both in our persons and goods from all arrests and troubles according to our ancient priviledge and immunities Next that since that in all great Councells where difference of opinion is truth is best discovered by free debates your Majestie according to our like ancient use and priviledge will be graciously pleased to allow us liberty and freedome of speech and I assure my self we shall not passe the latitude of duty and discretion That upon all occurrences of moment fit for resort to your owne person your Majestie upon humble suit at your best leisure will vouchsafe us accesse to your royall person And lastly that all our proceedings being lodged in your royall heart with belief of our zeal and loyalty we may reap the fruits of it by your Majestie 's gracious and favourable interpretation One word more I humbly begg for myself That though it be the beginning of a Parliament I may now and ever enjoy your Majestie 's most gracious and generall free Pardon The Lord Keeper Coventry's second Reply M r. Speaker HIs Majestie with no lesse content then attention hath heard your learned Discourse he observes your beginning with his gracious incouragement and advice not forsaking your humble modestie but adding to it thankfulnesse alacrity and joy of heart a just and right temper He observes you derive these aright first from the Throne in heaven he lookes thither with you and joynes in prayer that both you and all this Assemblie by that Divine hand and power be moulded and procured for the honour safety and good of the Church and Kingdome Next you apply your self to the Throne on earth his Majestie doth graciously accept your protestations of the truth of your heart the fulnesse of your zeale and duty to his Majestie and the Publick he believes it and that not in you alone but in all this Assembly so that you are secure not onely from wilfull and pregnant errours but from doubt of sinister interpretation My Lord the
King not willing to deny his People People not willing to presse their King to a deniall the one wise and modest in their requests and the other moderate and sweet in the answer This is the ancient and right way of union in Parliament The God of unity keep it in this and all insuing Parliaments This union you rightly call the union of Hearts and a greatnesse beyond the Kingdomes which the King inherits so then its a present fit for a wise people to offer to their gracious King Wise and magnanimous Kings are a speciall gift from God having hearts capable of greatnesse union of hearts is greatest and greatnesse was never unwelcome to Kings and therefore present and offer it to your King you cannot doubt of acceptance Having spoken of union you fall presently into a memoriall of the great and glorious actions of his Majestie 's Predecessours and into the height and contemplation of greater that remain If I mistake not your meaning you would have it understood that the union of Prince and people make way to those remarkable acts of former times and that we that wish the like successe in our time should look back upon our Forefathers Wisdome requires it Honour and the Time requires it that we should shew our selves the sonnes of our Auncestours at least in holding that which they left us The pride of Rome abated as you say by England now lifts up her horns against Religion Gods vine planted and deeply rooted here overspread into our neighbour Countreys hath of late lost many of her goodly branches The Austrian Eagle that wanted feathers till of late now soares and preys at will over all Spain so often foiled by us hath by disguised treaties dispoiled of their patrimonie those princely Branches of our royall Cedar and posts apace to his universall Monarchy to the ruine of us our Friends and Religion God hath his time and I trust a time to stop thier course I know not but we may expect it as well now as ever There is a resolution in our King and there is I trust for I am sure there was a resolution in our Parliament for great actions Our king as he hath a Solomon so hath he many Davids in the glorious catalogue of his royall Descent and hath linked himself in the House of Henry the Great and he bears a glorious and auspicious name sutable to his thoughts and desires and therefore since Honour and Religion call for it and since you have incouraged him to fight Iehovah's battels let all put to their hands that our King and Nation may have the honour to set Christendome in her right Balance And now to come to the petitions you have made for the House his Majestie most graciously and readily grants them all according to your true and ancient Rights and Priviledges of Parliament which his Majestie trusts you will have care not to exceed or transgresse and therefore you may go chearfully together and speedily settle about the publick affairs And the almighty God prosper the works of your hands I say the almighty God prosper your handy-work M r. Goodwin's Speech March 22. 1627. Mr. Speaker IT hath pleased his Majestie in his last Speech to intimate unto us the cause of our meeting which is supply against the great and common dangers that threaten the ruine of this Kingdome and the time of our sitting cannot be long and therefore he wisheth to avoid tedious resolutions In conformity whereunto I propound that laying aside all other matters we addresse our selves to that for which we were called hither wherein as in the first place we have well begun in our pious humiliation towards almighty God so let us now proceed to serve and to supply the king yet so as we satisfie our Countrey that sent us hither and preserve our Rights and Priviledges which have as surely been broken and infringed as undoubtedly they belong to us S r. Francis Seymour's Speech March 22. 1627. THis is the great Councel of the Kingdome and here if not here alone his Majestie may see as in a true glasse the state of the Kingdome We are all called hither by his Majestie 's writs to give him faithfull counsel such as may stand with his honour but that we must do without flatterie and chosen by the Commons to deliver up their just grievances and this we must do without fear Let us not be like Cambyses Judges who being demanded of him concerning something unlawfull said Though there were no written Law the Persian Kings might do what they list This was base flatterie fitter for reproof then imitation and as flatterie so fear taketh away the judgement For mine own part I shall shun both these and speak my conscience with as much duty to his Majestie as any man not neglecting the Publick But how can we speak our affections while we retein our fears or speak of giving till we know whether we have any thing to give or not For if his Majestie shall be perswaded to take what he will what need we to give That this hath been done appeareth by the billetting of Souldiers a thing no way advantageous to his service and a burthen to the Common-wealth the imprisonment of Gentlemen for the Loane who if they had done the contrary for fear their faults had been as great as theirs who were Projectours in it To countenance these proceedings hath it not been preached in the pulpit or rather prated All we have is the Kings But when they forsake their own calling and turn ignorant States-men we see how willing they will be to change a good conscience for a Bishoprick It is too apparent the people suffer more now then ever will you know the true reason we shall find those Princes have been in greatest wants and necessities that have exacted most from their Subjects The reason is plain A Prince is strongest by faithful and wise Counsel I would I could truly say such had been imployed abroad I speak this to this end to shew the defect proceeded not from this House I must confesse he is no good Subject that would not willingly and freely lay down his life when the End may be the service of his Majestie and the good of the Common-wealth But he is no good Subject but a slave that will have his goods taken from him against his will and his Liberty against the Laws of the Kingdome In doing this we shall but tread the steps of our Fore-fathers who still preferred the publick interest before their own rights nay before their own lives It will be a wrong to Us to our Posterities to our Consciences if we shall forgo this This we shall do well to present to his Majestie I offer this in the generall thinking the particulars fitting for Committees What I may now say or shall then I submit to better Judgements S r. Thomas VVentworth's Speech March 22. 1627. MAy this dayes resolution be as happy as I conceive the Proposition
of the gift for although his great Occasions of State did require more money then at this time was given yet now he made account he could not lack since he had their loves and that this day he thought he had gained more reputation in Christendome then if he had won many battails saying further according to his Speech the first day of the Parliament that they might easily make him in love with Parliaments now he professed he was so and that we should find the fruits of it by his calling us often together And to secure further feares and create future confidence he assureth us that we shall enjoy as great immunity and freedome in his time as ever we possessed or had under the reigne of any the best Kings of this Realm The Duke of Buckingham's Speech to his Majestie on Friday being the 4. of April 1628. Sir ME thinks I now behold you a great King for love is greater then Majestie Opinion that your people loved you not had almost lost you in the opinion of the World but this day makes you appear as you are a glorious King loved at home and now to be feared abroad This falling out so happily I beseech you give me leave to be an humble Suitour unto your Majestie First for my self that I who have had the honour to be your Favourite may now give up my title unto them they to be your Favourite and I to be your Servant My second suit is that they having done all so well you will account of them all as one a Body of many Members but all of one heart Opinion might have made them differ but Affection did move them all to joyn with like love in this great gift For proportion although it be lesse then your occasions may ask yet it is more then ever Subjects did give in so short a time nor am I perswaded it will rest there for this is but an earnest of their affections to let you see and the world know what Subjects you have that when your Honour and the good of the State is ingaged and aid asked in the ordinarie way of Parliament you cannot want This is not a gift of 5 Subsidies alone but the opening of a Myne of Subsidies which lieth in their hearts This good beginning hath wrought already these good effects they have taken your heart drawn from you a declaration that you will love Parliaments and again this will meet I make no question with such respect that their demands will be just dutifull and moderate for they that know thus to give know what is fit to ask Then cannot your Majestie do lesse then out-go their demands or else you do lesse then your self or them for your Message begat trust their trust and your promise must beget performance This being done then shall I with a glad heart behold this work as well ended as now begun then shall I hope that Parliaments shall be made hereafter so frequent by the effects and good use of them as they shall have this further benefit to deterre from approaching your eares those Projectours and Inducers of Innovation as Disturbers both of Church and Common-wealth Now Sir to open my heart and to ease my grief please you to pardon me a word more I must confesse I have long lived in pain sleep hath given me no rest favours and fortunes no content much have been my secret sorrows to be thought the Man of Separation and that divided the King from his People and them from him But I hope it shall appeare there were some mistaken mindes that would have made me the Evil Spirit that walked between a good Master and a loyall people for ill offices whereas by your Majesties favour I shall ever endeavour to approve my self a good spirit breathing nothing but the best of service to them all Therefore this day I account more blessed unto me then my birth to see my self able to serve them to see you brought in love with Parliaments to see a Parliament expresse such love to you and God so love me and mine as I joy to see this day Sir John Elliot in answer to M r Secretary Cokes Message of Thanks from the King and the Duke of Buckingham delivered in the Commons House of Parliament 5. April 1628. M r. Speaker I Presume we have all received great satisfaction from his Majestie as at other times so now in his gracious answer and resolution for the businesse of this House his answer to our Petition for Religion so particularly made his resolution in that other consideration concerning the point already settled here in Declaration of our Liberties and for the Parliament in generall that he hath taken so good a liking to our manner of proceeding as it hath gained his promise therein to meet often where I am made confident as of his grace to us so of our Loyalties that to thus good a Beginning we should adde so happy a Conclusion as shall increase that liking and good opinion in his Majestie and from henceforth make him more and more in love with Parliaments As thus in generall so in my particular I receive excellent satisfaction herein so as I have not words enough sufficiently to utter it And yet I confesse that extremity of joy is not without trouble which must likewise be declared to disburden this affection which cannot otherwise so lively and so faithfully expresse me in the service of the House as I have resolved I know not what fatality or infortunity crept in but I observe in the close of that Relation no mention of any other in addition to his Majesty and that which formerly hath been a matter of complaint here I find it still the mixture with his Majestie not only in his businesse but in name Is it that any man conceives the mention of others of what quality soever can adde encouragement or affection to us in our Duties and Loialties towards his Majestie or give them greater latitude or extent then naturally they have Or is it supposed that the power or interest of any man can adde more readinesse to his Majesty in his gracious inclination to us then his own goodnesse gives him I cannot believe it And as the Sweetnesse and Pietie of his Majesty which we have in admiration makes me confident in this so the expression of our Dutie so perspicuous and cleer as already hath been given is my assurance for the other But Sir I am sorry there is this occasion that these things should be argued or this mixture which was so meerlie condemned should appear again I beseech you Sir let it not be hereafter let no man take this boldnesse within these walls to introduce it though I confesse for my particular I shall readily commend nay thank that man whose endeavours are applyed to such offices as may be advantageable for the publick yet in this manner so contrarie to the customes of our Fathers and the honour of our Times
so glorious within the outward poverty will bring contempt upon them especially amongst those who measure men by the ounce and weigh them by the pound which indeed is the greatest part of men Mr. Pym I cannot but testifie how being in Germany I was exceedingly scandalized to see the poor stipendarie Ministers of the Reformed Churches there dispised and neglected by reason of their poverty being otherwayes very grave and learned men I am afraid this is a part of the burthen of Germany which ought to be a warning to us I have heard many Objections and difficulties even to impossibilities against this Bill to him that is unwilling to go there is even a Bear or Lion in the way First let us make our selves willing then will the way be easie and safe enough I have observed that we are alwayes very eager and fierce against Papistry against scandalous Ministers and against things which are not so much in our power I should be glad to see that we did delight as well in rewarding as in punishing and in undertaking matters within our own reach as this is absolutely within our power Our own duties are next us other mens further of I do not speak this that I do mislike the destroying or pulling down of that which is ill but then let us be as earnest to plant and build up that which is good in the room of it for why should we be desolate The best and the greatest way to dispell darkness and the deeds thereof is to let in light we say that day breaks but no man can ever hear the noise of it God comes in the still voice let us quickly mend our Candlesticks and we cannot want lights I am afraid this backwardness of ours will give the adversary occasion to say that we chuse our Religion because it is the cheaper of the two that we would willingly serve God with somewhat that cost us naught Believe it M r. Pym he that thinks to save any thing by his Religion but his Soul will be a terrible looser in the end we sow so sparingly and that is the reason we reap so sparingly and have no more fruit Me thinks whosoever hates Papistry should by the same rule hate covetousness for that 's Idolatry too I never liked hot professions and cold actions such a heat is rather the heat of a distemper and disease then of life and saving health For scandalous Ministers there is no man shall be more foreward to have them sincerely punnished then I will be when Salt hath lost its savour fit it is to be cast on the unsavory place the dunghill But Sr. let us deal with them as God hath dealt with us God before he made man he made the World a handsome place for him to dwell in so let us provide them convenient livings and then punish them on Gods name but till then scandalous livings cannot but have scandalous Ministers It shall ever be a rule to me that where the Church and Common-wealth are both of one Religion it is comely and decent that the outward splendor of the Church should hold a proportion and participate with the prosperity of the temporal State for why should we dwell in houses of Cedar and suffer God to dwell in Tin It was a Glorious and Religious work of King Iames and I speak it to his unspeakable Honour and to the praise of that Nation who though that Countrey be not so rich as ours yet are they Richer in their affections to Religion within the space of one year he caused to be planted Churches through all Scotland the Highlands and the Boarders worth 30. l. a year a piece with a house and some gleab belonging to them which 30. l. a year considering the cheapness of the Countrey and the modest fashion of Ministers living there is worth double as much as any where within a 100. miles of London the printed Act and Commission whereby it may be executed I have here in my hand delivered unto me by a Noble Gentleman of that Nation and a worthy Member of this House Sir Francis Stuart To conclude although Christianity and Religion be established generally throughout this Kingdom yet untill it be planted more particularly I shall scarce think this a Christian Common-wealth seeing it hath been moved and stirred in Parliament it will lye heavy upon Parliaments untill it be effected Let us do something for God here of our own and no doubt God will bless our proceedings in this place the better for ever hereafter And for my own part I will never give over solliciting this cause as long as Parliaments and I shall live together CHARLES REX To our trusty and well-beloved the Lords Spiritual and Temporal of the Higher House of PARLIAMENT WE being desirous of nothing more then the advancement of the good peace and prosperity of our people have given leave to free debates of highest points of our Prerogative Royal which in times of our Predecessors Kings and Queens of this Realm were ever restrained as Matters they would not have disputed and in other things we have been willing fairly to condiscend to the desires of our loving Subjects as might fully satisfie all moderate mindes and free them from all just fears and jealousies with those Messages which heretofore we have sent to the Commons House will well demonstrate to the World and yet we finde it still insisted on that in no case whatsoever should it never so nearly concern Matters of State and government we nor our privy Councel have power to commit any man without the cause shewed whereas it often happens that should the cause be shewed the service thereby would be destroyed and defeated and the cause alleadged must be such as may be determined by our Judges of our Courts at Westminster in a Legal and Ordinary way of Justice whereas the cause may be such whereof the Judges have no capacity of Judicature or rules of Law to direct or guide their Judgements in cases of that transcendent nature which hapning so often the very intermitting of the constant rules of government for many ages within this Kingdom practised would soon dissolve the very frame and foundation of our Monarchy wherefore as to our Commons we have made propositions which might equally preserve the just Liberty of the Subject So my Lords we have thought good to let you know that without overthrow of our Soveraignty we cannot suffer this power to be impeached But notwithstanding to clear our conscience and just intentions this we publish that it is not in our hearts nor ever will we extend our royal power lent unto us from God beyond the just rule of moderation in any thing which shall be contrary to our Laws and Customes where the safety of our people shall be our onely aim And we do hereby declare our royal pleasure and resolution to be which God willing we shall ever constantly continue and maintain that neither we nor our privy Councel
viz. That his Majesty understanding that the Remonstrance was called for to take away all question commanded me to deliver it to you but hopeth that you proceed with the Bill of Tonnage and Poundage and give precedence to that business and to give an end to further dispute between some of his Subjects or else he shall think his Speech that was with a good applause accepted had not that good effect which he expected But before his Messege there was a report made by Mr. Pym for a Committee for Religion where a motion was made about the Remonstrance the last Session concerning that part which toucheth Religion and the Clark answered that by command from the King he delivered it to the Lord Privy Seal and so the Committee proceeded no farther SIr Walter Earl replied to the Message The last part of the Message calls me up For point of precedency Religion challengeth the precedence and the right of our best endeavors Vbi dolor ibi digitus I know justice and liberty is Gods cause but what will justice and liberty do when Popery and Arminianisme joyn hand in hand together to bring in a Spanish Tyranny under which those Laws and liberties must cease What hath been done for Religion since the last Session We know what declarations have been made what persons have been advanced what truthes confirmed by all Authority of Church Councels and King For my part I will forgo my life and estate and liberty rather than my Religion And I dare boldly affirm that never was more corruption between Religion and matters of state than is at this present time Humana consilia castigantur ubi coelestibus se praeferunt Let us hold our selves to method and that God that carried us through so many difficulties the last Parliament Session will not be wanting to us now Mr. Corrington LEt us not do Gods work negligently We receive his Majesties Message withall duty for our proceedings let us so proceed as it may soonest conduce to his Majesties desire Unity concerns all of us the unity of this house is sweet especially in Gods cause let us cry and cry again for this let us be resolved into a Committee and presently fall to debate thereof UPon Mr. Pyms motion It was ordered that Religion should have the precedency and that the particulars before named should be taken into consideration by a Committee of the whole House Wensday 28. Secretary COOKE delivered another Message from his Majesty HIs Majesty upon occasion of dispute in this House about Tonnage and Poundage was pleased to make a gracious declaration wherein he commended unto us the speedy finishing thereof and to give precedency thereto and since his Majesty understanding the preferring the Cause of Religion his Majesty expected rather thanks than a Remonstrance yet he doth not interrupt you so you do not intrench upon that which doth not belong unto you But his Majesty still commanded me to tell you that he expects precedency in Tonnage and Poundage assuring himself he hath given no occasion to put it back and so you will not put it off To this Mr. Long replied I Cannot see but with much sorrow how we are still pressed to this point I hoped those near the Chair would have truly informed his Majesty of our good intentions but we see how unhappy we are still some about his Majesty makes him diffident of us Sir Thomas Edmonds I am sorry this House hath given occasion of so many Messages about Tonnage and Poundage after his Majesty hath given us a full satisfaction You may perceive his Majesty is sensible of the neglect of his business we that know this should not discharge our duties to you if we should not perswade you to that course which should procure his Majesties good opinion of you Your selves are witnesses how industrious his Majesty was to procure you gracious Laws in his Fathers time and since that what enlargement he hath made of our liberties and yet still we give him cause to repent him of the good he hath done Consider how dangerous it is to Alienate his Majesties heart from Parliamens Mr. Corington When men speak here of neglect of duty to his Majesty let them know we know no such thing nor what they mean I see not how we do neglect the same I see it is all our hearts to expedite the Bill of Tonnage and Poundage in due time our business is still put back by these Messages and the business in hand is of God and his Majesty Things are certainly amiss and every one sees it and wo be to us if we present them not to his Majesty Sir Iohn Elliot His Speech to the same effect IT was ordered that a Committee should be appointed to pen an Answer to his Majesties Message and shew that it is their resolution to give him all expeditions in his service and that they hold it fit not onely to give him thanks but further to shew what perill we are in and that Tonnage is their own gift and it is to arise from themselves and that they intend not to enter into any thing that belongs not unto themselves Thursday 29. THe former part of the day was spent in dilating of the transportation of corn and victuals into Spain and it was ordered that Message should be sent to his Majesty that it is now evident that diverse ships are bound for Spain and to desire a stay of them After the House sat at a Committee about Religion after long debate it was resolved by the Commons-House as before Friday 30. THe House received an answer from his Majesty touching the Ships which was that he would consider of it and send them an answer in due time Also this day a Committee of the Lower-House went to the King in the Privy-Chamber with the Petition for the Fast and the Arch-Bishop of York after he had made a short Speech presented it to his Majesty in the name of both Houses To which the King answered Munday Febr. 2. THe Lower-House presented a declaration to his Majesty in answer to two Messages sent by him Tuesday 3. SEcretary Cook reported that himself and the rest of the Committees attended his Majesty upon Munday and he said For my part I have used all diligence to do all the commands of my Master and this House and I find that some exceptions have been taken at some words by me used when I delivered the Bill of Tonnage and Poundage Indeed I used many Arguments in speaking of his Majesty I said it much concerned him and that his Majesty much desired it and I required it in his name which I did not intend but to avoide dispute and I said not this was an ordinary revenue but this Tonnage was the means to inable his Majesty to set his Fleet to sea After this Apology he read his Majesties answer to the Petition of the Lower-House Sir Iohn Elliot Mr. Speaker I confess this hath given great satisfaction for present
Moseley covenanteth that his man Brograve should have 80 pounds and then he should have an Injunction but the Chancellor having Intimation thereof prevented the same yet after by Covenant Moseley procured his man 50 pounds That this was an ordinarie course cited many particulars that Moseley would in his private Chamber adde to Orders or detract from them or that was for the King or against the King as men would come off to him This is referred to a Committee to be examined Mr. Selden REported from the examination of Allen for so much as concerneth the Priviledge of this House by the first and third Article against him This justified by a Letter written by Allen to Mr. Barton the Puritan faction denied supply like Water-men provoked to War rowed another way for his Author of this he produceth a book set forth by King Iames in the 19 year of his Reign pag. 13. to shew how the Puritan faction be clear by mentioning the particular Members of the Commons House and pag. 5. in the same pag. all which they cloke with Religion and when he had boldly insisted on these he said I pray note it It is not this Parliament I speak of it was another Sir Robert Phillips THat he may be sent to the Tower and that he may stand in some publick place with a Paper declaring the cause or such other punishment as the House shall think fit Mr. Pym THat other matter of greater importance being under examination he may for the present rest in custodie and I doubt not but there is matter sufficient to inflict further punishment Ordered that Allen shall first answer his contempt at the Committee for Religion on Munday next Mr. Shervile THat the Committee for Pardons is sine die therefore he moveth for another day whereupon there is order to meet this afternoon Mr. Selden reported the draught of Mr. Mountagues interlined Pardon concerning the Additions more than an ordinarie Coronation Pardon except sundrie causes depending in the three Courts in Westminster-hall and the High Commission Court For Manwering all offences for time past and for time to come Sir Iohn Stanhope MOveth That one Lynne a Member of this House and Secretary to the Bishop of Winchester may look on the Pardon and be injoyned to declare whether he know the hand or no. Mr. Lynne declareth the interlined particulars to be part his Lords hand and part his own hand by his Lords command yet some of the interlined particulars he knew not the hand Sir Nathaniel Ritch thanked this Gentleman for dealing clearly with the House and saith for his encouragement he deserveth thanks from the whole House Sir Iohn Elliot moveth That a select Committee may extract a charge against the Bishop of Winchester that we may have judgement against him Sir Daniel Norton THat a Doctor of Divinitie in the Bishop of Winchesters Diocess a very grave Divine Doctor Moor the Bishop of Winchester said to him he had heard him often preach against Poperie before the Kings Majestie which was very pleasing to the King but now he must not The Doctor answers he must if it comes in his way said the Bishop you must not and further your Tables in the Quier stand as in an ale-house The Doctor replied they stood according to Law sayes the the Bishop there be Articles to controove said the Doctor the Register found it contrary saying Your Tables at Winchester stood as Altars Sir Robert Phillips THus you see how truth in the discoverie doth grow upon us And now you see how the introducing Ceremonies at Durham doth arise and now you see the greatest aspersion laid on his Majestie that ever I heard of and now I am confident the Bishop of Durham procured the Kings hand to the Pardons Chancellor of the Dutchie THis trencheth high to the person of the King and I am glad to hear it and shall be more glad to see it proved Sir Thomas Heale SAith he heard these words from Doctor Moores own mouth and asking if he would prove this in Parliament he said he would maintain it with his life Mr. Valentine SAith That this Bishop hath a Chaplain in Grantham that preached they were all damned that refused the Loan and that he hath made a great combustion in placing the Communion Table there The Speakers Letter is to go for Doctor Moore Munday 9. A Petition in complaint of the Post-Masters Patent of London which is referred to a Committee Mr. Speaker delivered from Mr. Attorney a Warrant in writing of his proceedings in Cosens business Mr. Iohn Elliot reported from the Committee for examination of the Merchants business that the Committee finding Sheriff Acton in prevarications and contradictions in his examinations which is conceived to be a contempt of this House desires he may be sent for to answer his contempt Mr. Godwin saith the Sheriff acknowledgeth his error and humbly desireth so much favour that he may once again be called before the Committee and if then he give not full contentment by his answer he will refer himself to the wisdome and justice of the House Mr. Walter secondeth this Motion so did Alderman Molson Secretarie Cook Chancellor of the Dutchie c. but his abuse being declared to be so great and so gross and that he had so many times given him to recollect himself and that he being so great an Officer of so great a Citie had had all the favour that he might be and yet rejected the same and carried himself in a very scornfull manner wherefore it is Ordered that he shall be sent for to the House as a Delinquent to Morrow morning Iones the Printer and his Councel are called in to argue the business of Mr. Mountagues Episcopal Confirmation First Quere Whether the exceptions be legal Secondly whether the Confirmation be good The last is the point now in hand to which the House enjoyned the Councel to speak The Councel proposed a Third Quere What will be the fruit or effect of it if in Law the Confirmation prove void In this the Councel said it will not extend to make him a Bishop upon the point of Election but upon the point of Confirmation onely which maketh him punishable if he execute any thing concerning the Bishoprick Sir Hen. Martin saith The exception making void the Confirmation doth in Law work also upon the Election Doctor Steward saith The point of setting to of the Advocates hand is but matter of Form in the Court no matter of Law Sir Henry Martin saith he will endeavour himself to give the House as full satisfaction and he will speak without relation to the Kings Right and Laws of the Realm The Proclamation by the Common Law should not be at Bow Church but at the Cathedral Church of the Diocess where the Bishop is to be elected and the Dean and Charter of that Diocess is to except and not every one that will The Argument is endless and to alter a course so long settled
the Communion Tables stood as Tables in Ale-houses but he would have them to be set as High Altars Dr. Moor is to deliver these things in writing to Morrow morning At the Committee for Religion SIr William Bawstrod If we now speak not we may for ever hold our peace when besides the Queens Mass there are two other Masses dayly so that it is grown ordinarie with the out-facing Iesuits and common in discourse Will you go to Mass or have you been at Mass at Somerset-house there coming 500 at a time from Mass. Desires to know by what authoritie the Iesuits lately in Newgate were released Mr. Corington Doubts not but his Majesties intention was good in the Declaration lately published but I conceive it will be made use of onely to our disadvantage that therefore the Declaration made be taken into consideration Sir Richard Gravenor REports the proceedings of this House against Poperie the last Session and what fruits have been thereon Sir Rober Phillips If ever there were a necessitie of dealing plainly and freely this is the time There is an Admission of Priests and Iesuits as if it were in Spain or France this increase of Papists is by connivance of persons in Authoritie Nine hundred and fourtie persons in houses of Religion being English Irish and Scots in the Netherlands maintained by the Papists of England and of this I shall deliver the particulars that we may frame a Remonstrance to the King that unless there be some better performance of his Majesties late answers to so many Petitions our Religion will be past recoverie Mr. Corington That the Papists by Act of Parliament or Laws of State may be removed from their offices which we have just cause to suspect Mr. Selden moveth that these things may be debated in order and first for releasing the Iesuits that were arraigned at Newgate whereof one was condemned they were 10 in number which were Priests who had begun a Colledge here in London about Clarkenwell and these men could not attempt these acts of boldness but they must have great countenancers Secretarie Cook THat a Minister who is said to be himself having notice of these 10 and this Colledge intended to be kept at Clarkenwell That it is plain there was a place appointed for this Colledge and Orders and Relicts prepared This Minister made the King acquainted with it and I should not do my dutie if I should not declare how much his Majestie was affected with it His Majestie refers it to the special care of the Lords of the Councell who examining the same sent these ten persons to Newgate and gave order to Mr. Attorney to prosecute the Law against them That this Colledge was first at Edmonton removed from thence to Camerwell and thence to Clerkenwell Ordered That all the Knights and Burgesses of the House shall to Morrow morning declare their knowledge what Letters or other hinderances have been for the staying of proceedings against Recusants Mr. Long a Justice of Peace who is said to understand much in the business of the Colledge of Iesuits at Clarkenwell is sent for and examined saith by the appointment of Mr. Secretarie Cook he apprehended these persons and took their Examinations and saith further he heard they were delivered out of Newgate by order from Mr. Attorney That Mr. Middlemore or General Soliciter for the Papists hired this house for the Lord of Shrewsburie a Papist and that there are diverse books of account of payments and disbursments to the value of 300 pounds per Annum with diverse Recusants names who allowed towards the maitenance of this Colledge and these books and papers are in the hand of Mr. Secretary Cook Secretarie Cook saith he cannot so amply declare the truth of the proceedings herein untill he have leave from his Majestie One Cross a Pursevant is to be examined upon oath who declareth he could discover diverse stoppages of the execution of the Laws against Recusants Saturday 14. A Complaint against the Lord Lambert a Baron of Ireland and a Member of this House who being a Colonel of Souldiers in Midd. hath imposed Four pence upon every Souldier towards his Officers Charges and the Petitioner for refusing to pay was first set in the Stocks and after by the Lord Lambert committed to a Publick prison It is Ordered that the Lord Lambert shall be sent for to answer this Sir Iohn Epsley desireth leave to answer a Complaint that is in the Lords house of Parliament against him Mr Selden That the use was and citeth Presidents that no Commander could be called to the Lords House but it will trench much to the disadvantage of the Priviledge of this House and untill 18. Iac. there was never President to the contrarie That therefore this may be considered of by a select Committee Ordered that Sir Iohn Epsley shall not have leave Mr. Chancellor of the Dutchie stifly secondeth Mr. Seldens Motion Mr. Secretarie Cook I am as carefull to maintain a good correspondencie with the Lords as any man but connivances in this kind may overthrow the fundamental Rights and Liberties of this House Let it therefore seriously be considered of for this not onely concerneth the Right of this House but the Libertie of the Common-wealth Ordered a select Committee shall be appointed to consider this Mr. Chancellor of the Dutchie delivereth an answer in writing from the Lord Chancellor Trer. and Barons to the Message sent to them Mr. Kirton WE looked for Satisfaction but now you see a Justification of their actions I therefore desire now we may proceed to consider of their proceedings and whether ever the Court of Exchequer held this course before for staying of Replevies and whether these have been done by the Regal Prerogative of the King in his Court of Exchequer It is Ordered that a select Committee of Lawyers Chequer-men shall take this into consideration Mr. Selden We have delayed the proceeding with the Customers expecting some good success from the Chequer but finding it otherwise I desire the Customers may be called to the Barre on Munday next Which is Ordered At the Committee for Religion SIr Thomas Hobbie from the Committee reported for the examination of the Keeper and Clerk of Newgate concerning the Priests there being a Warrant under the Attorneys hand for the deliverie of the Persons a Warrant under the Lord Chief Justices hand according to a Letter which he received from the Lord of Dorset signifying that it was his Majesties pleasure that the Priest condemned should be reprived Another Warrant under the Attorneys hand that the Priests condemned should be reprived and also in the Kings name to release those other nine persons Sir Nathaniel Ritch I am confident the Grace of the King hath been abused in this that therefore the privie Counsellers of this House may know whether it were his Majesties direction It is moved that Mr. Secretarie Cook may first declare his knowledge in this One Cross gave intimation of these persons First
afterwards be attainted yet the King shall not have them untill he have satisfied that for which they were distreined And if in these Cases where the owners of the goods are such capitall offendours the King cannot have them much lesse shall he have them when the owner is innocent and no offendour Nay I may well say that almost every leaf and page of all the volumes of our Common Law prove this right of propriety this distinction of meum and tuum aswell between King and Subject as one Subject and another and therefore my Conclusion follows that if the Prerogative extend not neither to Lands nor to Goods then à fortiori not to the Person which is more worth then either lands or goods as I said And yet I agree that by the very law of Nature service of the Person of the Subject is due to his Soveraigne but this must be in such things which are not against the law of Nature but to have the body imprisoned without any cause declared and so to become in bondage I am sure is contrary unto and against the law of Nature and therefore not to be inforced by the Soveraigne upon his Subjects 3. My next reason is drawn ab inutili incommodo For the Statute de frangentibus prisonam made 1 E. 2. is quod nullus qui prisonam fregerit subeat judicium vitae vel membrorum pro fractione prisonae tantum nisi causa pro qua captus imprisonetur tale Iudicium requirat Whence this Conclusion is clearly gathered That if a man be committed to prison without declaring what cause and then if either Malefactour do break the prison or the Gaoler suffer him to escape albeit the prisoner so escaping had committed Crimen laesae majestatis yet neither the Gaoler nor any other that procured his escape by the Law suffer any corporall punishment for setting him at large which if admitted might prove in consequence a matter of great danger to the Common-wealth 4. My next reason is drawn ab Regis honore from that great honour the Law doth attribute unto soveraigne Majesty and therefore the Rule of Law is that Solum Rex hoc non potest facere quod non potest juste agere And therefore if a Subject hath the donation and the King the presentation to a Church whereunto the King presents without the Subjects nomination here the quare impedit lies against the Incumbent and the King is in Law no disturber And Hussey chief Justice in 1 H. 7. fol. 4. saith that Sir Iohn Markham told King Edw. 4. he could not arrest a man either for treason or fellony as a Subject might because that if the King did wrong the party could not have his Action against him What is the reason that an Action of false imprisonment lies against the Sheriff if he doth not return the Kings Writ by which he hath taken the body of the Subject but this because the Writ doth breviter enarrare causam captionis which if it doth not it shall abate and is void in Law and being returned the party when he appears may know what to answer and the Court upon what to judge And if the Kings Writ under his great Seal cannot imprison the Subject unlesse it contains the cause shall then the Kings warrant otherwise doe it without containing the cause that his Judges upon return thereof may likewise judge of the same either to remain or judge the partie imprisoned I should argue this point more closely upon the statute of Magnae Charta 29. quod nullus liber homo imprisonetur the statute of West 1. cap. 15. for letting persons to bail and the Judgements lately given in the Kings Bench but the later of these statutes referring having been by that honourable Gent. to whom the Professours of the Law both in this and all succeding ages are and will be much bound already expounded unto us and that also fortified by those many contemporary Expositions and Judgements by him learnedly cited and there being many learned Lawyers here whose time I will not waste who were present and some of them perhaps of councell in the late Cause adjudged in the Kings Bench where you to whose person I now speak do well know I was absent being then of councel in a cause in another Court and my practice being in the Country farre remote from the treasure of Antiquity and Records conducing to the clearing of this point Therefore the narrowness of my understanding commends unto me sober ignorance rather then presumptuous knowledge and also commands me no further to trouble your Patience But I will conclude with that which I find reported of Sir Iohn Davis who was the Kings Serjeant and so by the duty of his place would no doubt maintain to his uttermost the Prerogatives of the King his royall Master and yet it was by him thus said in those Reports of his upon the case of Tavistry Customs That the Kings of England alwayes have had a Monarchy Royall and not a Monarchy Seignorall where under the first saith he the Subjects are Free-men and have propriety in their goods and free-hold and inheritance in their Lands but under the later they are as Villains and Slaves and have proprietie in nothing And therefore saith he when a Royall Monarch makes a new Conquest yet if he receives any of his Nations ancient Inhabitants into his protection they and their heirs after them shall enjoy their Lands and Liberties according to the Law And there he voucheth this President and Judgement following given before William the Conquerour himself viz. That one Sherborn at the time of the Conquest being owner of a Castle and lands in Norfolk the Conquerour gave the same to one Warren a Norman and Sherborn dying the Heir clayming the same by descent according to the Law it was before the Conquerour himself adjudged for the Heir and that the gift thereof by the Conquerour was void If then it were thus in the Conquerour's time by his own sentence and judgement and hath so continued in all the successions of our Kings ever since what doubt need we have but that his most excellent Majestie upon our humble petition prostrated at his feet which as was well said is the best passage to his heart will vouchsafe unto us our ancient Liberties and Birthrights with a through reformation of this and other just grievances And so I humbly crave pardon of this honourable House that I have made a short Lesson long Sir Benjamin Ruddier's Speech March 22. 1627. Mr. Speaker OF the mischiefs that have lately fallen upon us by the late distractions here is every man sensible and that may ensue the like which God forbid we may easily see and too late repent The eyes of Christendome are upon us and as we speed here so go the Fortunes of our selves our Friends and of our Religion That the Dangers were not reall but pretended we all heartily wish but feel the contrary
That divisions have weakned our party and our attempts united the two greatest Princes of Christendome against us whom we have provoked That the State is desperately diseased and this Parliament the way that it may yet be recovered if soveraigne and proper remedies be speedily applyed 1. To trust the King whose Kingly nature is to yield it prevails 2. To supply the King and that without condition which is fewel of Jealousie 3. To present our grievances to his Majesty personall and reall humbly moderately and briefly 4. To do all this speedily and in order whereby the King may be strengthened the Kingdome recovered our Allies relieved and the Laws and Liberties of the Subject preserved in a legall propriety for he that is not master of his goods dwells not at home Sir Robert Philips his Speech March 22. 1627. Mr. Speaker I Reade of a custome amongst the old Romans that once every year they had a solemn Feast for their Slaves at which they had liberty without exception to speak what they would thereby 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 sufferance of many violent oppressions we have as those Slaves had a day of liberty of speech but shall not I trust be hereafter slaves for we are free yet what new illegall proceedings our states and persons have suffered under my heart yearns to think my tongue falters to utter They have been well represented by divers worthy Gentlemen before me yet one and the maine as I conceive hath not been touched which is our Religion Religion M r. Speaker made vendible by Commission and men for pecuniary annuall rates dispenced withall whereby Papists may without feare of Law practice Idolatry For the Oppressions under which we grone I draw them into two heads Acts of Power against Law and Judgements of Law against our Liberty Of the first sort are strange instructions violent exactions of money thereupon imprisonment of the persons of such who to deliver over to posteritie the liberty they have received from their Fore-fathers and lawfully were in possession of refused so to lend and this aggravated by reason of the remedilesse continuance and length thereof and chiefly the strange vast and unlimited power of our Lieutenants and their Deputies in billetting of Souldiers in making rates in granting warrants for taxes as their discretions shall guide them and all against the Law These last are the most insupportable burthens that at this present afflict our poor Country and the most cruel oppression that ever yet the Kingdome of England endured These upstart Lieutenants of whom perhaps in some cases and times there may be good use being regulated by Law are the worst of grievances and the most forward and zealous executioners of those violent and unlawfull courses which have been commended unto them Of whose proceedings and for the qualifying of whose unruly power it is more then time to consult and determine Judgements of Law against our Liberty have been three each latter stepping forwarder then the former upon the right of the Subject aiming in the end to tread and trample under foot our Law and that in the form of Law The first was the Judgement of the Post-nati whereby a Nation which I heartily love for their singular zeal in our Religion and their spirit to preserve our Liberties far beyond many of us is made capable in any the like favours priviledges and immunities as our selves enjoy and this specially argued in the Exchequer Chamber by all the Judges of England The second was the Judgement upon the impositions in the Exchequer Court by the Barons which hath been the source and fountain of many bitter waters of affliction unto our Merchants The third was that fatall late Judgement against the Liberty of the Subject imprisoned by the King argued and pronounced but by one alone I can live although another without title be put to live with me nay I can live although I pay excises and impositions more then I doe but to have my Liberty which is the soul of my life taken from me by power and to have my body pent up in a gaole without remedy by Law and to be so adjudged Oh improvident Ancestors Oh unwise Fore-fathers to be so curious in providing for the quiet possession of our Laws and the Liberties of Parliament and to neglect our Persons and Bodies and to let them ly in prison and that durante b●neplacito remedilesse If this be Law what do we talk of Liberties why do we trouble our selves with the dispute of Law franchises propriety of goods and the like What may any man call his if not Liberty I am weary in treading these waies and conclude to have a select Committee deputed to frame a Petition to his Majestie for redress of these things which being read examined and approved by the House may be delivered to the King of whose gracious answer we have no cause to doubt our desires being so reasonable our intentions so loyall and the manner so humble Neither need we feare this to be the Critical Parliament as was insinuated or this a way to distraction but assure our selves of a happie issue Then shall the King as he calls us his great Councell find us his true Councell and owne us his good Councell Which God grant c. The Kings Propositions March 28 1628. 1. TO furnish man and victuall 30. ships to guard the Narrow seas and along the Coasts 2. To set out 10. other ships for the preservation of the Elve and the Baltick sea 3. To set out 10. other ships for the relief of the Town of Rochel 4. To leavy arme cloth victuall pay and transport an army of 1000. horse and 10000. foot for forrain service 5. To pay and supply 6000. men for the assistance of the King of Denmark 6. To supply the stores of the Office of the Ordinance 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 Arriers of the Office of the Ordinance 11. To pay the Arriers of the Victuallers Office 12. To pay the Arriers of the Treasurer of the Navy 13. To pay the Arriers due for the fraight of divers Merchants ships imployed in his Majestie 's service 14. To provide a Magazine of Victualls for Land and Sea-service Three grand Questions 1. NO Free-man ought to be committed or detained in prison or otherwise restrained by the command of the King of the Privy Councel or any else unlesse some cause of the commitment detainment or restraint be expressed for which by law he ought to be committed detained or restrained 2. A Writ of habeas corpus may not be denyed but ought to be granted to every man that is committed or detained in prison