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A40660 Ephemeris parliamentaria, or, A faithfull register of the transactions in Parliament in the third and fourth years of the reign of our late Sovereign Lord, King Charles containing the severall speeches, cases and arguments of law transacted between His Majesty and both Houses : together with the grand mysteries of the kingdome then in agitation. England and Wales. Parliament.; Fuller, Thomas, 1608-1661. 1654 (1654) Wing F2422; ESTC R23317 265,661 308

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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 ●ase 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 Judge● 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. Sir Thomas Edmonds March 22. 1627. THe King congratulating this present Parliament he prays for a blessed supply he assures us of his gracious inclination towards us and of the consequence of this meeting doth intimate how much the safety of our selves and Confederates abroad depends upon the good successe thereof and he wisheth a generall oblivion of things that are past least they cause distractions anew without a primary and free Supply to his Majestie Sir John Elliot March 22. 1627. SIr Iohn Elliot did passionately and rhetorically set forth our late Grievances he misliked much and vehemently the violating of our Laws urged many good arguments for our propugning them and concluded with Sir Francis Seymour for a Committee Sir Humfrey Maye March 22. 1627. LEt us take heed of distracting the King who is young and vigorous full of spirit and courage and may be wone to our devices by our complying and alleadging all these illegall proceedings were actions of Necessity and the like with other things by way of excuse The Petition for the Fast March 26. 1628. Most Gracious Soveraigne WE your Majestie 's most humble and loyall Subjects the Lords Spirituall and Temporall and Commons in this present Parliament assembled upon a tender and passionate sense of the extream Calamities of the Reformed Churches abroad and with much sorrow apprehending the heavy displeasure of almighty
his Majesty and so they put him upon designes that stand not with publick liberty that he commands what he lifts 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 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 challe●geth 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 presed 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
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 ●atality 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 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 Li●●rties 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 judgements then refresh our memorie Wherefore in short and in grosse I will but only reflect upon the desperate condition of the Kings Uncle 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
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 wile 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 frequently professed that they would not deminish nor blemish his Royal and just Prerogative so he presumes ye will all confess it a point of extraordinary grace and Justice in him to suffer it to rest so long in dispute without interruption But now his Majesty considering the length of time which it hath already taken and fearing nothing so much any future loss as that whereof every hour and minute is so precious and foreseeing that ordinary way of debate though never so carefull must in regard of the forms of both Houses necessarily take up more time then the affairs of Christendom can permit his Majesty out of his great and Princely care hath thought it expedient to shorten the business by declaring the clearness of his own heart and intention And therefore he hath commanded me to let you know that he holds the Statute of Magna Charta and the other 6. Statutes insisted on for the Subjects Liberty to be all in force and assureth you that he will maintain all his Subjects in the just freedom of their Persons and in safety of their estates and that he will Govern according to the Laws and Sta●●tes of the Realm and that you shall finde as much security in his Majesties Royal word and promise as in the strength of any Law you can make so that hereafter you shall never have cause to complain The conclusion is this that his Majesty prayeth that God who hath hitherto blessed this Kingdom and hath put into his heart this day to come unto you will make the success hereof happy both to King and People And therefore he desireth that no doubt or mistrust may possesse any man but that you all will proceed speedily and unanimously with the business The Bishop of EXCETERS Letter sent to the House of COMMONS 28. April 1628. Gentlemen FOr God sake be wise in your well meant Zeal why do you argue away precious time that can never be revoked or repaired Woe is me while we dispute our friends perish and we must follow them where are we if we break and I tremble to think we cannot but break if we hold so stiff Our Liberties and proprieties are sufficiently declared to be sure and legal our remedies are clear and irrefragable what do we fear every Subject sees the way now chalked out for future Justice and who dares henceforth tread besides it● Certainly whilest Parliaments live we need not misdoubt the violations of our Freedoms and Rights May we be but where the Law found us we shall sufficiently enjoy our selves and ours It is no season to search for more Oh let us not whilest we over-rigedly plead for an higher strain of safety put our selves into a necessity of ruine and utter despair of redress Let us not in the suspition of Evils that may be cast our selves into a present confusion If you love your selves and your Countrey remit some thing of your own terms and since the substance is yielded by your Noble Patriots stand not too rigorously upon points of circumstance Fear not to trust a good King who after the strict Laws made must be trusted with the execution Think that your Countrey nay Christendom lies on the mercie of your present resolutions Relent or farewell welfare From him whose faithfull heart bleeds in a vowed sacrifice for his King and Countrey EXCETER M r. HACK VVELL of LINCOLNS-INNE his Speech in the Lower-House 1. May 1628. SIR I Chose rather to discover my weakness by speaking then to betray my conscience by silence My opinion is that we shall do well totally to omit our resolution out of
sitting amongst them they could have found few or none whose presentation to your Majestie would have been of lesse repute or advantage to them For impeditior is linguaesum and the poore experience I have of that royall Assembly is so ill ballanced with true judgement that every gust and wave hath power on me whereby I shall not onely suffer in my own particular but which I apprehend with much more care and sorrow prejudice their common Interest Wherefore dread and dear Sovereign as low as the lowest step of your royal throne I humbly bend appealing to your great sovereign judgement for my discharge from this so unequall a burthen imposed on me most humbly and earnestly beseeching your most excellent Majestie for the honour of that great Councell and the better digestion of publick Services there and withall to avert so ill an Omen as the choice of Me in the beginning of a Parliament ordained I hope for the joy of our own and the envy of other Nations that by your gracious Command the House may re-consult and settle their better thoughts on some more worthy their election and your Majestie 's approbation The Lord Keeper Coventry's Reply M r. Speaker HIs Majestie with a most gracious eare and princely attendance hath heard your humble excuse he knowes well the importance of your place but your ability to discharge it he approves and commends the election of the House of Commons and therein receives the more content because they have followed the light taken from himself who formerly made choice of you to serve in a place of Trust both about himself and his royall Consort The Omen cannot be ill and the People so readily follow him whom God hath ordained to go in and out before them And therefore knowing your tackling to be strong and finding your saile moderate and not over-born his Majestie doth doubt neither gust nor wave to endanger your passage But since you are duely chosen his Majestie counsells and commands that unto your humility you adde resolution and courage they stand well together and being well joyned they will arme all your abilities to that great Imployment of service to your King and Countrie which as the Commons by their uniforme voice have put upon you so his Majestie by his royall approbation doth girt unto you and settle you Speaker The Speaker Sir John Finches Reply IT is now no time nor manners longer to dispute with my Lord the King but with all joy of heart and alacrity humbly and thankfully to meet so great a favour from the best of Masters and the best of Men. Therefore first I lift up my heart to him that sits on the Throne of heaven per quem Principes imperant Potentes decernunt justitiam humbly begging at his hands that made the tongue to give me speech and that framed the heart of man to give me understanding for I am but as Clay in the hands of the Potter and he will mould me for honour or dishonour as best seemes good unto him Next I bow my knees unto your most excellent Majestie in all humble and hearty acknowledgement of this and many other your great and gracious Favours The truth of mine heart full of zeale and duty to your Majestie and the publike as any mans quits me from all feare of running into wilfull and pregnant errours and your Majestie 's great goodnesse of which I have been so large a partaker gives me strong assurance that having by your gracious beames drawn me up from earth and obscurity you will so uphold me by a benigne and gracious interpretation of all my words and actions that I fall not down again like a crude and imperfect vapour but consume the remainder of my dayes in the zeal of your Majestie 's service This great and glorious Assembly made perfect by your royall presence like a curious Perspective the more I behold it with the more joy and comfort I finde a lively representation of that true happinesse which under your Majestie 's gracious government we all enjoy A better tongue were fitter to expresse it but a rich Stone retaines his value though ill set Here in the fulnesse and height of your Glorie like the Sun in the exaltation of his Orbe sits your most excellent Majestie the sovereigne Monarch of this famous Isle in a Throne made glorious by a long succession of many and great Princes A meditation worthy our better thoughts that we live neither enthralled to the fury of the giddy-headed multitude nor yet to the distracted wills of many Masters but under the command of a King the stay and strength of a People one as Homer saith well of a King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to be laid in common ballance with other men for Kings know no other Tenure but God's service and their value it is onely tried at his Beam whence the Poets said the Parents of the first Kings were Coelum Terra Divine institution and Humane approbation Besides that it is a Sovereigntie also hereditarie which makes the Common-wealth the King's care as that which is the King 's own Patrimony and the inheritance of his Children when elective Monarchies quickly runne to ruine and are commonly made poor by the enriching of several Families On your right hand are the reverend religious and learned Prelates the Lights of the Church fit to be set in golden Candle-sticks and not made contemptible by Paritie or Povertie lively Idea●s of that blessing above the rest which by God●s great goodnesse and your Majestie 's great pietie this Realme enjoyes the libertie of the Gospell and the free profession of God's true Religion Your Majestie passed the fierie tryall in Spaine and gave us then assurance that your faith was built on that rock against which the gates of hell shall never prevaile Since your coming to the Crowne by your royall Edict you have banished those Incendiaries of Rome the Priests and Iesuites enemies to our Church and State so as now they are either gone or lurk in corners like the sonnes of darknesse You have given life to the Lawes against Recusants and by your own exemplarie pietie have drawn more then you have compelled to come to Church Euge ingredi ut implea●ur domus mea was his command that made the great Feast and is the duty of Magistrates And certainly dread Sovereigne true Religion will ever be a target to them that are a buckler to it No cement so strong to hold your Subjects hearts together in their true obedience Our Religion never bred a Clement or a Ravillack and that execrable Villany never to be forgotten here when all of us horresco referens in an instant should have been turned into ashes and those scattered in the winde was a Monster could never have been ingendred but by the Divel or the Iesuites On your left hand sit your Nobles the Lights of Honour full of courage and magnanimitie yet in right distance between
will advise A note very remarkable It shewes the indulgence of Kings it shews also the wisdom and judgement of the Houses 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 their 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 ●o 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 li●t 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 pra●ed 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 ●read 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
but few and were approved of by the Lords and inserted in the Petition the 29. March 1628. The Petition of both Houses to his Majesty concerning R●cusants March 31. 1628. VVE your Majesties most loyall and obedient Subjects the Lords Spirituall and Temporall and Commons in Parliament assembled having to our singular comfort obtained your Majesties pious and gracious assent for a publick Fast to appease the wrath of almighty God kindled against us and to prevent those grievous Judgements which doe apparently presse upon us doe in all humility present unto your Sacred Majesty all possible thanks for the same And because the publick and visible Sins of the Kingdome are the undoubted Causes of those visible Evils that are fallen upon us amongst which sins as is apparent●●●y the Word of God Idolatry and Superstition are the most hainous and crying sins to the end that we may constantly hope for the blessing of God to descend upon this our publick Humiliation by abandoning those sins which doe make a wall of separation betwixt God and us 1. We most humbly and ardently beg at the hands of your Sacred Majesty that your Majesty will be pleased to give continuall life and motion to all those Laws that stand in force against Iesuites Seminary Priests and all that have taken Orders by authority of the Sea of Rome by exacting a more due and serious execution of the same amongst which number those that have highly abused your Majesties Clemency by returning into the Kingdome after their Banishment contrary to your Highnesse expresse Proclamation we humbly desire may be left to the severity of your Laws without admitting any mediation or intercession for them and that such of your Majesties unsound and ill-affected Subjects as doe receive harbour or conceal any of that viperous generation may without delaies suffer such penalties and punishments as the Laws most justly impose upon them 2. That your Majesty would be pleased to command a secure and streight watch to be kept in and over your Majesties Ports and Havens and to commit the care and charge of searching of ships for this discovery and apprehension as well of Iesuits and Seminary-Priests brought in as of children and young Students sent over beyond the Seas to suck in the poison of Rebellion a●d Superstition unto men of approved Fidelity and Religion and such as shall be convicted to have connived or combined in the bringing in of the one or conveying out of the other that the Lawes may passe upon them with speedy execution 3. That considering those dreadfull dangers never to be forgotten which did involve your Majesties Sacred Person and the whole representative Body of your Majesties Kingdome plotted and framed by the free and common accesse of Popish Recusants to the city of London and to your Majesties Court your Majesty would be graciously pleased to give speedy command for the present putting in practice those Laws that prohibite all Popish Recusants to come to the Court or within ten miles of the City of London as also those Law that confine them to the distance of five miles from their dwelling houses and that such by-past licenses not warranted by law as have been granted unto them for their repair to the city of London may be discharged and annulled 4. That whereas it is more then probably conceived that infinite summes of money have within these two or three yeares last past been exacted out of the Recusants within the Kingdome by colour of Composition and small proportion of the same returned into your Majesties Coffers not onely to the suddain inriching of private persons but also to the imboldning of the Romish Recusants to entertain Massing Priests into their private houses and to exercise all the mimick Rites of their grosse Superstition without fear of controll amounting as by their daily practice and ostentation we may conceive to the nature of a concealed Toleration your Majesty would be graciously pleased to receive this particular more nearly into your Princely wisdome and consideration to dissolve this Mystery of Iniquity patch't up of colourable Licenses Contracts or Preconveyances being but masks on the one part of fraud to deceive your Majesty and stales on the other side for private men to accomplish their corrupt ends 5. That as the persons of Ambassadours from forraigne Princes their houses be free for exercise of their own Religion so their houses may not be made free Chappell 's and Sanctuaries for your Majesties Subjects Popishly affected to heare Masse and to participate in all other Rites and Ceremonies of that Superstition to the great offence of almighty God and scandall of your Majesties people loyally and religiously affected That either the concour●e of Recusants to such places may be restrained or at least such a vigilant watch set upon them at their returne from those places as they may be apprehended and severely proceeded withall ut qui palam in luce peccant in luce puniantur 6. That no place of authority or command within any the Counties of this your Majesties Kingdome or in any ships of your Majesties or which shall be imployed in your service be committed to Popish Recusants or to Non-communicants by the space of a year past or to any such persons as according to direction of former Acts of State are justly to be suspected as the place and authority of Lords Lieutenants Deputy Lieutenants Justices of Peace of Captains or other Officers or Ministers mentioned in the Statute made in the third year of the reign of your Father of blessed memory and that such as by connivance have crept into such places may by your Majesties royall Command be discharged of the same 7. That all your Majesties Justices Judges and Ministers of Justice unto whose care and trust Execution which is the life of your Majesties Laws is committed may by your Majesties Proclamation not only be commanded to put in speedy execution those Laws that stand in force against Jesuits Priests Seminaries and Popish Recusants but that your Majesty would be further pleased to command the said Judges and Justices of Assize to give a true and strict accompt of their proceedings at their return out of their Circuits to the Lord Keeper and by the Lord Keeper to be presented to your Majesty 8 And for a fair and clear eradication of all Popery for the future and for the breeding and nursing up of an holy generation and a peculiar people sanctified to the true worship of almighty God That untill a provisionall Law may be made for the trayning and educating of the Children of Popish Recusants in the grounds and principles of our holy Religion which we conceive will be of more power and force to unite your people unto your Majesty in fastnesse of Love Religion and loyall Obedience then all pecuniary mulcts and penalties that can possibly be devised your Majesty will be pleased to take it into your Princely care and consideration These our humble Petitions proceeding from
hearts and affections loyally and religiously devoted to God and your Majesties service and to the safety of your Majesties Sacred Person we most zealously present to your Princely Wisdome craving your Majesties chearful and gracious approbation The King's Answer to the Petition against Recusants March 31. 1628. My Lords and Gentlemen I Do very well approve the method of your proceeding à Jove principium hoping that the rest of your Consultations will succeed the happier And I like the preamble of my Lord Keeper otherwise I should a little have suspected that you thought me not so carefull of Religion as I have been and ever shall be wherein I am as forward as you can desire As for the Petition I answere first in generall that I like it well and will use those as well as all other means for the maintenance and propagation of that Religion wherein I have lived and doe resolve to die But for the particulars you shall receive a more full answer hereafter And now I will only add this that as we pray to God to help us so we must help our selves for we can have no assurance of his assistance if we do ly in bed and only pray without using other means And therefore I must remember you that if we do not make provision speedily we shall not be able to put one Ship to sea this year Verbum sapienti satis est The Answer to the same Petition by the Lord Keeper Coventrey TO the first point his Majesty answereth That he will accoreding to your desire give both life and motion to the Laws that stand in force against Iesuits Seminary Priests and all that have taken Orders by authority of the Sea of Rome and to that end his Majesty will give strict order to all his Ministers for the discovering and apprehending of them and so leave them being apprehended to the triall of the Law and in case after tryall there shall be cause to respite the execution of any of them yet they shall be committed according to the example of best times to the Castle of Westbitch and there be safely kept from exercising their functions or spreading their Superstitious and dangerous Doctrine and for the receivers and abettors they shall be left to the Law To the second His Majesty granteth all that is desired in this Article and to this end will give order to the Lord Treasurer Lord high Admirall and Lord Warden of the Cinque Ports that in their severall places they be carefull to see this Article fully executed giving strict charge to all such as have place or authority under them to use all diligence herein and his Majesty requireth them and all other his Officers and Ministers to have a vigilant eye upon such as dwell in dangerous places of advantage or opportunity for receiving or transporting any such as are here mentioned and his Majesty will take it for good service if any will give knowledge of such as have connived or combined or shall connive or combine as is mentioned in this Article that Justice may be strictly done upon them To the third His Majesty will take order to restrain the recourse of Recusants to the Court and also for the other points of this Article his Majesty is well pleased that the Laws be duly executed and that all unlawfull Licenses be annulled and discharged To the fourth His Majesty is most willing to punish for the time past and prevent for the future any the deceits and abuses mentioned in this Article and will account it a good service in any that will inform himself his Privy Councell Officers of his Revenue Judges or Councell learned of any thing that may reveal this Mystery of Iniquity and his Majesty doth strictly charge and command every of them to whom such information is made that they suffer not the same to die but do their utmost endeavour to effect a clear discovery and bring the Offenders to punishment and to the intent that no concealed toleration may be effected his Majesty leaveth the Lawes to their course To the fifth His Majesty is pleased to prohibite and restrain the coming and resort to the house of Ambassadours and will command a vigilant watch to be set for their taking and punishing as is desired To the sixth He is perswaded that this Article is already observed with good care neverthelesse for the avoyding as much as may be errours and escapes in that ●ind his Majesty will give order to the Lord Keeper that the next Terme he call unto him all the Judges and take information from them of the state of their severall Circuits if any such as are mentioned in this Article be in the Commission for Peace that reformation may be made thereof and will likewise give order to the Lord Admirall and to such persons to whom it shall appertain to make diligent enquiry and certifie to his Majesty if any such be in place of authority and command in his ships or service To the seventh His Majesty doth fully grant it To the eighth His Majesty doth well approve it as a matter of necessary consideration and the Parliament now sitting he recommendeth to both Houses the preparation of a fitting Law to that effect and his Majesty doth further declare that the mildnesse that hath been used towards them of the Popish Religion hath been upon hope that forraign Princes thereby might be induced to use moderation towards their Subjects of the Reformed Religion but not finding that good effect which was expected his Majesty resolveth unlesse he shall very speedily see better fruit to adde a further degree of severity to that which is in this Petition desired Sir Edward Coke's Speech March 25. upon a Question of Law in point of the Iudgement given in the Kings Bench Mich. 3. Caroli Viz. That a Prisoner detained by Committment per special mandat Regis without expressing a Cause is not bailable wherein he held negatively and spake as followeth IT is true that the Kings Prerogative is a part of the Law of this Kingdome and a supream part for the Prerogative is highly tendred and respected of the Law yet it hath bounds set unto it by the Laws of England But some worthy Members of this House have spoken of forraign States which I conceive to be a forraign Speech and not able to weaken the Side I shall maintain That Master Attorney may have something to answer unto I will speak without taking another day to the body of the Cause yet keeping something in store for another time I have not my Vade mecum here yet I will endeavour to recite my Ancestours truly I shall begin with old Authority for Errorem ad sua principia referre est refellere The ground of this Errour was the Statute of Westm. 1 cap. 15. which ●aith that those are not repleviable who are committed for the death of a man or by the commandment of the King or his Justices for the Forrest for so it
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 shall or will at any time hereafter commit or command to Prison or otherwise restrain the Person of any for not lending money unto us or for any other cause which in our conscience doth not concern the State the publick good and safety of us and of our people we will not be drawn to pretend any cause which in our Judgements is not or is not expressed which base thought we hope no man will imagine can fall into our royal breast that in all cases of this nature which shall hereafter happen we shall upon the humble Petition of the party or access of our Judges to us readily and really express the cause of their commitment or restraint so soon as with conveniency and safety the same is fit to be disclosed and expressed That in all causes Criminal of ordinary Jurisdiction our Judges shall proceed to the deliverance and baylment of the Prisoner according to the known and ordinary rules of the Laws of this Land and according to the Statutes of Magna Charta and those other six Statutes insisted upon which we do take knowledge stand in force and which we intend not to abrogate against the true intention thereof Thus we have thought fit to signifie unto you the rather for shortning any long delayes of this question the season of the year so far advanced and our great occasions of State not lending us many dayes for long continuance of this Session of Parliament Given under our Signet at our Pallace of Westminster the 12. of May in the fourth year of our Raign The KINGS Message by the Lord Keeper 21. May 1628. HIs Majestie commanded me to signifie to your Lordships that the business concerning your part presented by the Commons to the Lords concerning the Liberty of the Subject wholly depends upon your Lordships and because his affairs are pressing and that he is very suddenly to take a Journey to Portsmouth As also because his Majesty would have the business put in a good forwardness before his going thither his Majestie desires your Lordships this day to proceed to a resolution whether you will joyn with the House of Commons in the Petition or not M r. MASONS speech concerning the Addition propounded by the Lords to be added to the Petition of Right IN our Petition of Right to the Kings Majestie we mentioned the Laws and Statutes by which it appeared that no Tax Loan or the like ought to be levied by the King but by common assent in Parliament That no Freeman ought to be imprisoned but by the Law of the Land That no Freeman ought to be compelled to suffer Souldiers in his house In the Petition we have expressed the breach of these Laws and desire that we may not suffer the like all which we pray as our Rights and Liberties The Lords have proposed an addition to this Petition in these words We humbly present this Petition to your Majestie not onely with a care of our own Liberties but with a due regard to leave intyre that Soveraign power wherewith your Majesty is intrusted for the protection safety and happiness of your people and whether we shall consent unto this addition is the Subject of this dayes discourse And because my Lord Keeper at the last conference declared their Lordships had taken the words of the Petition apart The word leave in a Petition is of the same nature as saving in a grant or Act of Parliament when a Man grants but part of a thing he saves the rest when he Petitions to be restored but to part he leaveth the rest then in the end of our Petition the word leave will imply that something is to be left of that or at least with a Reve●●●●● to what we desire The word entyre is very considerable a Conquerour is bound by no Law but hath power dare leges his will is a Law and although William the Conquerour at first to make
cour●es be not speedily redrest and the profession of true Religion more encourraged 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 faithfull 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 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 Mejestie 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 faithfull 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 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 excceding 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
whether there were not some Copies printed without additions he answered there were some but they were suppressed by some warrant Sir Iohn Elliot DEsired some clearer satisfaction might be made and that he might answer directly by what warrant Whereupon he was called in again who said he did not remember the particular but sure he was there was a warrant Tuesday 22. ONe Mr. Roules a Merchant and a Member of the House informed the House that his goods were seized by the Customers for refusing to pay Custome by them demanded although he told them he would pay what was adjudged by Law Whereupon Sir Robert Phillips spake as followeth Sir Robert Phillips BY this information you see the unfortunateness of the times and how full time it was that this Assembly should meet to serve his Majesty and to preserve our selves and I am confident we come hither with fullness of both and all shall conduce to a 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 compleme●● 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 then 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 I 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
and a Bill against buying or selling of places of Judicature Mr. Kirton moved That a time may be appointed to take into consideration the business of Tonnage and Poundage Sir Walter Earl secondeth his motion that all the world may know that we will give to God that which is Gods and to Cesar that which is Cesars and to our Countrey that which is theirs Sir Walter moveth That the Merchants may have their goods and that his Majestie may be moved therein It is Ordered That the House on Tuesday next in a Committee shall take into consideration the business of Tonnage Poundage and all things incident thereto Mr. Shervill is nominated to take the Chair of the Committee Sir Rober Phillips REported from the Committee for Course of Justice A Petition of Complaints was exhibited by Mr. Noell a Member of this House against Sir Ed. Moseley Attorney of the Dutchie Court and his man in point of injustice That 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 Westminister-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 the 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 might be and yet rejected the ●ame 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 o● it if in Law the Confirmation prove void
other new misdemeanors He is Ordered to be sent for Sir Iohn Elliot A Motion for Priviledge of Merchants Order is That any man having a Complaint depending here in the mean time intimation shall be given to my Lord Keeper That no Attachment shall go forth against the Merchants Chancellor of the Dutchie reported the Message to the Chequer Court that the Treasurer and the Barons will forthwith take the same into consideration and return answer It is Ordered Mr. Secretarie Cook shall take care that intimation shall be given to the Citie about the Fast. Doctor More called in saith he was referred to the Bishop of Winchester to be censured for preaching a Sermon the Bishop said he had heard him preach and deliver many prettie passages against the Papists which pleased King Iames but he must not do so now That you have a brother that preacheth against Bowing at the high Altar or at the name of Iesus and that 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 Sess●●● 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 th●s 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 E●monton 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 Shrewsb●rie 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